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GARFIELD COUNTY BOARD OF COUNTY COMMISSIONERS
PUBLIC HEARING AGENDA
11/04/99
REQUEST TO PRESENT ITEM A
REQUESTOR NAME: Kit Lyon \t)C
REQUESTOR REPRESENTS: Fowler, Marais, LLC
PRESENTER NAME & TELEPHONE #:
PRESENTATION TOPIC (TITLE FOR AGENDA ITEM) :
PRESENTATION TYPE (mark type with an "X"; enter estimated time to complete presentation in
minutes, except for consent agenda type):
CONSENT AGENDA: X REGULAR AGENDA:
WORK SESSION: PUBLIC COMMENTS:
ESTIMATED DURATION: 1 minutes
PRESENTATION DATE: (schedule on month/day & time)
MUST THIS BE ADVERTISED FOR DATE? NO TIME? NO
FIRST CHOICE: 11/15/99 SECOND CHOICE:
SCHEDULED BY ADMIN:
REQUESTED/RECOMMENDED ACTION OR MOTION: (synopsis only)
Sign "Acknowledgement of Partial Satisfaction SIA" for Rifle Creek Estates, Filing 2
CONTROL INFORMATION:
EXECUTIVE SUMMARY: Attached? Yes
LEGAL: If there are documents, resolutions, or contracts to be signed, have they been reviewed and
approved by the County Attorney? OR Contracting Officer?
BUDGET_ If this item requires or results in the expenditure of County monies, is the amount of
such expenditure fully covered by the existing budget? in account #
4e■: NOV-02-1999 11:31 AM 411/
■
ANDREW MARAIS
P. O. Box 3687
GRAND JuviceuoN, CO 81502
1 November, 1999
BY FAX (first of eight pages)
•
P. 01
(970) 858-3968
FAX (970) 858-3968
E-MAIL marais@gj.net
Ms. Kit Lyon
Building and Planning Department
109 8th Street, Suite 303
Glenwood Springs, CO 81601
RE: Rifle Creek Estates Filing 2: Partial Release
Dear Ms. Lyon:
We would like to request a partial release on our Letter of
Credit under the terms of the SIA.
I enclose the following:
1. Bill from D H Surveys for services rendered in
connection with the improvements under construction.
The amount of the bill is $1,244.00.
2. A letter from our engineer, Richard Atkins, stating
that most all of the materials for the waterlines have
been purchased and that 75% of the work on the
waterlines has been competed, and has been done
properly.
3. Two documents from our trenching contractor
(waterlines) indicating that his bill for work and
material so far is $30,000.00. He estimates that it
would require an amount of $7,500.00 to complete the
work (a total of $37,500.00). For an explanation of
the cost overruns, see Atkins' letter.
4. Two receipts from our trenching contractor showing that
we have paid a total amount of $16,355.
We request the partial release of the following two amounts:
$ 1,244.00 (surveyor)
$13,645.00 (waterlines - 37,500.00 minus amount
already paid to the contractor, minus amount required to complete
the work.) If you release this amount, an amount of $7,500.00
will be left on the Letter of Credit to complete the waterlines.
NOV-02-1999 1 1 32 AM P, 02
Ms. Kit Lyon
November 1, 1999
Page 2
See Exhibit B of the SIA under the heading "Waterlines and
hookups."
The total amount to be released would therefor be
$14,889.00.
Thanks for your cooperation. Please call with any questions
at cel. 250-5236.
MOV -02-1999 11:33 AM M
October 25, 1999
Mr. Andrew Marais
Fowler, Marais, LLC
503 Saint t ive- _
Fruita, CO 81521
•
ATKIINS AND ASSOCIATES, INC.
518 28 Road, Suite &105, P.O. Box 2702
Grand Junction, Colorado 81502
PH. (970) 2454630 FAX (970) 245-2355
Re: Rifle Creek Estates, Filing No. Two
Dear Andrew:
I have reviewed the statement of charges submitted by Travis Jordan
Trenching for work performed on the above referenced project. The amount of
work completed in the field substantiates the amount of payment requested.
At the date of my field inspection, material had been delivered to the site,
and construction was being performed properly.
I estimate that 75% of the work has been completed. The original contract
amount for the project was $21,104.00; however, additional requirements by the
Rifle Fire Department and the extension of the irrigation line have increased the
cost of the project.
The 030,000.00 billed on the Travis Jordan Trenching statement dated
10/20/99 should be paid.
Please call me if you have any questions concerning this letter.
Respectfully yours,
Achard L. Atkl
FILE NAME. 18013.12
PE -PLS
P. 04
NO'V-02-1999 11:32 AN .
D H SURVEYS INC.
118 Ouray Ave.
Grand Junction, Co. 81501
(970) 245-8749
CLIENT: Mark Fowler
P.O. Bars 36f7
Grated Junction, CO. 81502
Attn: Andrew Marais
•
P. 03
V
Invoice Number 1895
Invoice Date: October 11, 1999
JOB : Me Creek Estates
JOB NO.289-98-04
FOR PROFESSIONAL SERVICES RENDERED
SEPT. 99 Revise plat for filing
Stake sub -grade for road
Stake water utilities
•
$1244.00
$1244.00
NOV-02-1999 11 34 AM M
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garco planning Page 1
GARFIELD COUNTY BOARD OF COUNTY COMMISSIONERS
PUBLIC HEARING AGENDA
REQUEST TO PRESENT ITEM
REQUESTOR NAME: Kit Lyon
REQUESTOR REPRESENTS: Fowler, Marais, LLC
PRESENTER NAME & TELEPHONE #:
PRESENTATION TOPIC (TITLE FOR AGENDA I"1'EM) :
11/16/99
90\5
PRESENTATION TYPE (mark type with an "X"; enter estimated time to complete presentation m
minutes, except for consent agenda type):
CONSENT AGENDA: X
WORK SESSION:
REGULAR AGENDA:
PUBLIC COMMENTS:
ESTIMA 1'ED DURATION: 1 minutes
PRESENTATION DATE: (schedule on month/day & time)
MUST THIS BE ADVERTISED FOR DA 1E? NO TIME? NO
FIRST CHOICE: 12/6/99 SECOND CHOICE:
SCHEDULED BY ADMIN:
REQUESTED/RECOMMENDED ACTION OR MOTION: (synopsis only)
Sign "Acknowledgement of Partial Satisfaction SIA" for Rifle Creek Estates, Filing 2
CONTROL INFORMATION:
EXECUTIVE SUMMARY: Attached? Yes
LEGAL: If there are documents, resolutions, or contracts to be signed, have they been reviewed and
approved by the County Attorney? OR Contracting Officer?
BUDGET: If this item requires or results in the expenditure of County monies, is the amount of
such expenditure fully covered by the existing budget? in account #
• •
garco planning Page 1 12/08/99
GARFIELD COUNTY BOARD OF COUNTY COMMISSIONERS
PUBLIC HEARING AGENDA
REQUEST TO PRESENT ITEM fit
REQUESTOR NAME: Kit Lyon • °,
REQUESTOR REPRESEsid&NTS:
Q S NTS. Fowler, Marais, LLC
,
PRESENTER NAME & TELEPHONE #: L) )
PRESENTATION TOPIC (TITLE FOR AGENDA ITEM) :
Sign "Acknowledgement of Partial Satisfaction Subdivision Improvements Agreement" for Rifle
Creek Estates, Filing 2
PRESENTATION TYPE (mark type with an "X"; enter estimated time to complete presentation in
minutes, except for consent agenda type):
CONSENT AGENDA: X REGULAR AGENDA:
WORK SESSION: PUBLIC COMMENTS:
ESTIMATED DURATION: 1 minutes
PRESENTATION DATE: (schedule on month/day & time)
MUST THIS BE ADVERTISED FOR DATE? NO TIME? NO
FIRST CHOICE: 12/20/99 SECOND CHOICE:
SCHEDULED BY ADMIN:
REQUESTED/RECOMMENDED ACTION OR MOTION: (synopsis only)
Sign "Acknowledgement of Partial Satisfaction SIA" for Rifle Creek Estates, Filing 2
CONTROL INFORMATION:
EXECUTIVE SUMMARY: Attached? No
LEGAL: If there are documents, resolutions, or contracts to be signed, have they been reviewed and
approved by the County Attorney? OR Contracting Officer?
BUDGET: If this item requires or results in the expenditure of County monies, is the amount of
such expenditure fully covered by the existing budget? in account #
• •
ACKNOWLEDGEMENT OF PARTIAL SATISFACTION
SUBDIVISION IMPROVEMENTS AGREEMENT
KNOW ALL MEN BY THESE PRESENT that:
WHEREAS, Fowler, Marais, LLC (hereinafter FM), entered into a Subdivision
Improvements Agreement with the Board of County Commissioners of Garfield County, Colorado
(hereinafter "Board") dated October 4, 1999, recorded in Book 1154, at Page 103 as Reception No.
553287 of the Garfield County records on October 6, 1999, for the improvements of Rifle Creek
Estates Subdivision, Filing 2; and
WHEREAS, the obligations of FM have been partially satisfied in part, as verified in a
statement from Atkins & Associates, Inc., November 6, 1999, and FM agrees that the Board shall
retain and hold the sum of $42,281.50, which sum shall be security for performance for work
remaining to be completed consistent with various uncompleted improvements described in the
Subdivision Improvements Agreement.
NOW THEREFORE, at the request of the FM and in consideration of the premises and prior
agreements, the Board hereby acknowledges the mal satisfaction of the Subdivision
Improvements Agreement entered into by FM and Board fO'c the Rifle Creek Estates Subdivision,
Filing 2, and releases security in the amount q$43,380.50.
Chairman, '
)ss
‘�
V."
U \�
STATE OF COLORADO
COUNTY OF GARFIELD )
The foregoing instrument was acknowledged before me this day of
, 19 , by John Martin, as Chairman of the Board of County Commissioners
of Garfield County, Colorado.
WITNESS my hand and official seal.
My commission expires
Garfield County Clerk
DEC -07-1999 11:32 PM ill
• P,01
ANDREW MARAIS
P. O. Box 3687
GRAND JUNCTION, CO 81502
7 December, 1999
BY FAX (first of five pages)
(970) 858-3968
FAX (970) 858-3968
E-MAIL: maraisidgj.net
Ms. Kit Lyon
Building and Planning Department
109 8th Street, Suite 303
Glenwood Springs, CO 81601
RE: Rifle Creek Estates Filing 2: Third Partial Release
Dear Ms. Lyon:
We would like to request a partial release on our Letter of
Credit under the terms of the SIA.
I enclose the following:
1. Bill from Atkins and Associates in the amount of
$580.50. I request a release for this whole amount
under item "Engineering" of Exhibit B of the SIA. This
bill has already been paid.
2. I am also requesting a release of the $47,800.00 held
for improvements under the heading "Road". The
construction of the road has been completed to
specifications. In fact, the road exceeds the
specifications since a second layer of rock has been
added to the one layer of chip and seal that was called
for in the specifications. See the attached bill from
United Companies and statement from Richard Atkins, our
engineer.
We are, therefor, requesting a total partial release of
$48,380.50 in this request.
Please let me know if this is in order. I would also like
to know the date on which the Commissioners will consider this
partial release so that I can inform United of when to expect
payment. My cel is (970) 250-5236.
Could you please also let me know if the second release that
DEC -07-1999 11:32 PM •
Ms Kit Lyon
December 7, 1999
Page 2
s
was placed on the agenda for December 6 has been approved and if
so, fax me a copy thereof as soon as possible.
Thank you.
Attachments;
Sincerely,
Andrew Marais
Atkins and Associates bill
United Companies bill
Atkins statement regarding road
P, 02
2
DEC -07-1999 11:35 PM •
FROM : ATKINS AND ASSOCIATES, INC.
November 6, 1 999
Mr. Andrew Marais
Fowler, Metals, LLC
138 S. Peach
Frusta, CO 81521
•
P. 05
FAX NO. : 970 245 2355 Dec. 07 1999 09:07AM p1
ATKINS AND ASSOCIATES. INC.
518 211 Road, Sake R-105, P.O. Box 2702
Grand Junctlnn, Colorado 81502
PR. (970) 24-6630 FAX (970) 245-2353
Re: Rifle Creek Estates, Filing No. Two
Dear Andrew:
I have reviewed the attached invoice submitted by United Companies. I
have Inspected the work performed. and the work is satisfactory. I have also
reviewed the results of the compaction tests for the aggregate base course. The
test results verify that the placed materials meet specifications.
I recommend that the $53,7E5.00 billed on the United Companies invoice
dated 11/27/99 should be paid.
Please call me if you have any questions concerning this letter.
Resou�v�d-'
22
Ric 'AVM*•LS
41.
EncI: 1"'� ' ' '
/NLF NAME: !11013-1)
5
DEC -07-1999 11:33 PM
November 16, 1999
Fowler, Marais. LLC
CIO Mr. Andrew Marais
503 Sabil Drive
Fruita, CO •1`b 21
ATIONNS AND ASSOCIATES, INC.
518 28 Rood, Suite B-105, P.O. Box 2782
Grand Junction, Colorado 81582
P111. (970) 245-6630 FAX (970) 245-2355
- INVOICE -
P. 03
Re: Rifle Creek Estates Invoice # 98013-5
Filing No. Two
Engineering Services
Hourly Work Performed through 11/16/99
1. Engineering 7.5 hr @ 55.00/hr 412.50
A. Site Visit - Water & Irrigation Inspection
B. Site Visit - Stakeout Tank Locations and Inspect
Layer of Seal Coat
C. Preparation of Documents for Pay Estimate
D. Design of Tank Outlets and Inlets
I1. Drafting
III. Prints and Copias
A. Transparencies
B. Photocopies
4.5 hr @ 35.00/hr 157.50
1.0 ea @ 0.50/ea
100.0 ea @ 0.10/ea
Subtotal - Item III
Total Amount Due
0.50
10.00
10.50
S 580.50
All accounts 30 days past due shall be assessed 1 1/2 percent per month finance charge.
FILE NAME: SW131NS
PEC -07-1999 11:33 PM
•
P. 04
s ANDREOkit
L
YIP/
"4.::,
by//11,71tielligill/Pril}g7/1
.4/ "4/./ilisr4.4
1 CUSTOMER NO.
232009
CUSTOMER ORDER NO. DATE WORK PERFORMED
through 11/16/99
?iff/1.4W.R. iffek ,7Effikpf• WIN!
gdoltbdik/hVid • ,Vtt ,Wei JA. .W.....,;,,',,i,;4(41AilimwernwAvipbowomfinpAfri4onmummukupy,,
INVOICE DATE
11/27/99
Billing in accordance with
propoaal dated 8/13/991
Additional loader tire with
operator:
TOTAL AMOUNT DUE THIS INVOICE
THANK YOU!
1.00 Ls
5.00 hrs
$95.00/hr
$53.280.00
$475.00
$53,755,00
TERMS: NET 10 — AFINANCE CHARGE WILL Se ADDED TO ANy INVOICE NOT PAID SY THE LAST DAY OF THE MONTH. IN WHICH IT IS DUE. 100%
OR ALL Min INCURRED WHILE COU_ECTING PAST DUE ACCOUNTS WILL DC CHARGED TO THAT ACCOUNT. 'FEES ^ INCLUDE
neAGICWAIIILE ATTORNEY'S FEES AND COSTS.
garco planning Page 1 12/17/99
GARFIELD COUNTY BOARD OF COUNTY COMMISSIONERS
PUBLIC HEARING AGENDA
REQUEST TO PRESENT ITEM
REQUESTOR NAME: Kit Lyon
REQUESTOR REPRESENTS: Fowler, Marais, LLC
PRESENTER NAME & TELEPHONE #:
•
•
1A-4
PRESENTATION TOPIC (111"LE FOR AGENDA ITEM) :
Sign "Acknowledgement of Partial Satisfaction Subdivision Improvements Agreement" for Rifle
Creek Estates, Filing 2
PRESENTATION TYPE (mark type with an "X"; enter estimated time to complete presentation in
minutes, except for consent agenda type):
CONSENT AGENDA: X REGULAR AGENDA:
WORK SESSION: PUBLIC COMMENTS:
ESTIMATED DURATION: 1 minutes
PRESENTATION DATE: (schedule on month/day & time)
MUST THIS BE ADVERTISED FOR DATE? NO TIME? NO
FIRST CHOICE: 01/03/00 SECOND CHOICE:
SCHEDULED BY ADMIN:
REQUESTED/RECOMMENDED ACTION OR MOTION: (synopsis only)
Sign "Acknowledgement of Partial Satisfaction SIA" for Rifle Creek Estates, Filing 2
CONTROL INFORMATION:
EXECUTIVE SUMMARY: Attached? No
LEGAL: If there are documents, resolutions, or contracts to be signed, have they been reviewed and
approved by the County Attorney? OR Contracting Officer?
BUDGET: If this item requires or results in the expenditure of County monies, is the amount of
such expenditure fully covered by the existing budget? in account #
garco planning Page 1 08/09/00
GARFIELD COUNTY BOARD OF COUNTY COMMISSIONERS
PUBLIC HEARING AGENDA
REQUEST TO PRESENT ITEM
REQUESTOR NAME: Kit Lyon V
l) REQUESTOR REPRESENTS: Fowler, Marais, LLC bketV
PRESENTER NAME & TELEPHONE #: % ?-2-11 (1. So
PRESENTATION TOPIC (TITLE FOR AGENDA ITEM) :
Sign "Acknowledgement of Final Satisfaction of Subdivision Improvements Agreement" for Rifle
Creek Estates, Filing 2
PRESENTATION TYPE (mark type with an "X"; enter estimated time to complete presentation in
minutes, except for consent agenda type):
CONSENT AGENDA: X
REGULAR AGENDA:
WORK SESSION: PUBLIC COMMENTS:
ESTIMATED DURATION: 1 minutes
PRESENTATION DATE: (schedule on month/day & time)
MUST THIS BE ADVERTISED FOR DATE? NO TIME? NO
FIRST CHOICE: 08/14/00 SECOND CHOICE:
SCHEDULED BY ADMIN:
REQUESTED/RECOMMENDED ACTION OR MOTION: (synopsis only)
Sign "Acknowledgement of Final Satisfaction of SIA" for Rifle Creek Estates, Filing 2
CON I'ROL INFORMATION:
EXECUTIVE SUMMARY: Attached? No
LEGAL: If there are documents, resolutions, or contracts to be signed, have they been reviewed and
approved by the County Attorney? OR Contracting Officer?
BUDGET: If this item requires or results in the expenditure of County monies, is the amount of
such expenditure fully covered by the existing budget? in account #
r •
ACKNOWLEDGMENT OF SATISFACTION
SUBDIVISION IMPROVEMENTS AGREEMENT
KNOW ALL MEN BY THESE PRESENT that:
WHEREAS, Fowler Marais, LLC, (hereinafter F&M), entered into a Subdivision
Improvements Agreement with the Board of County Commissioners of Garfield County, Colorado
(hereinafter "Board") dated October 4, 1999, recorded in Book 1154, at Page 103 as Reception No.
553287 of the Garfield County records on October 6, 1999, for the improvements of Subdivision
Filing 2, Rifle Creek Estates; and
WHEREAS, the obligations of the F&M have been satisfied, as erified in attached statement
from Atkins and Associates, Inc., that work has been completed consistent with improvements
approved by Garfield County.
NOW THEREFORE, at the request of the F&M and in consideration of the premises and
prior agreements, the Board hereby acknowledges the satisfaction of the Subdivision Improvements
Agreement entered into by F&M and the Board for the Rifle Creek Estates, Filing 2, and releases
twenty-two thousand seven hundred nineteen dollars and fifty cents ($22,719.50) in security.
STATE OF COLORADO
)ss
COUNTY OF GARFIELD )
By:
Chairman
The foregoing instrument was acknowledged before me this day of
, 2000, by John Martin, as Chairman of the Board of County Commissioners of
Garfield County, Colorado.
WITNESS my hand and official seal.
My commission expires
Garfield County Clerk
iIIII Hill IIIIII 111111 IM 1111111111{ 1IIII 11111111
553287 1O/06/1999 09.00A B1154 P103 M ALSDORF
1 of 17 R 0.00 D 0.00 GARFIELD COUNTY CO
•
RECEIVED SEP 2 3
SUBDIVISION IMPROVEMENTS AGREEMENT
Rifle Creek Estates, Filing 2
This Agreement is made and entered into by and between the Board of County
Commissioners of Garfield County, State of Colorado (the "County") and Fowler, Marais, LLC
(the "Owner").
Introduction
A. Owner is the owner and developer of certain real property located in Garfield
County, Colorado, known as Rifle Creek Estates, Filing 2 (the "Property"), which
real property is also known as Township 5, Range 93, West of the 6th P.M. SE 1/4
Sel/4 of Section 24.
B. Preliminary Plat approval for Rifle Creek Estates, Filing 2 was abtained under the
terms and conditions set forth in County Resolution No. 9 9- 0 9 3
C. Owner has submitted to the County for its approval, final documents and a Final
Plat for Rifle Creek Estates Filing 2 (the "final plat documents"), and has agreed to
complete certain subdivision improvements with respect to the development, all as
more particularly set out hereafter,
D. This Agreement constitutes the Subdivision Improvements Agreement (the "SIA")
required and intended to secure the faithful construction and installation of the
subdivision improvements required as a condition to Final Plat approval.
Agreement
The Parties, for and in consideration of the premises and the following mutual covenants
and agreements, agree as follows:
1. Final plat approval: The County hereby accepts and approves the Final Plat of Rifle
Creek Estates, Filing 2, subject to the terms and conditions of this Agreement, as
well as the terms and conditions of the Preliminary Plat approval and the
requirements of the Garfield County Zoning and Subdivision Regulations.
2. Owner's performance: Owner has constructed or shall cause to be constructed and
installed at its own expense, those subdivision improvements related to Rifle Creek
Estates, Filing 2, which are required to be constructed by Resolution 9 9-0 9 3 ,
167
1 111111.11111 111111 111111 1111 1111 111101 11111 11 1111
-553287.10/06/1999 09 00A B1154 P104 M ALSDORF
2 of 17 R 0.00 D 0.00 GARFIELD COUNTY CO
this Agreement, the Final Plat, Garfield County Zoning and Subdivision
Regulations and the Improvements Agreement entered into between the Owner
and the Rifle Creek Estates Homeowners Association (Exhibit A). The estimated
cost of completion of the subdivision improvements related to the Property is as
set out and certified by a licenses engineer on Exhibit B. Such improvements shall
be completed by December 30, 1999, (the "completion date") provided that the
weather allows for chip and seal coating on the road. The Owner shall comply
with:
a. The final plat documents submitted prior to or at the time of final plat
approval. (Such documents are incorporated herein by reference and made
a part of this Agreement);
All requirements of Resolution No9 9 - 0 9 3 , and all requirements of the
Garfield County Zoning Code and Garfield County Subdivision
Regulations, as they relate to Rifle Creek Estates, Filing 2.
c. All laws, regulations, orders, and resolutions of Garfield County and
affected special districts, as the same apply to Rifle Creek Estates, Filing 2.
d. All designs, maps, specifications, sketches and other materials submitted to
and approved by any of the above -stated governmental entities; and
e. The improvements to be constructed by Owner shall include, but are not
limited to, the following:
i. Construction of the Mesa Drive extension as indicated on the Final
Plat and engineering drawings submitted;
ii. Construction of the water distribution system as indicated on the
Final Plat, engineering drawings submitted and the Agreement
between Owner and the Rifle Creek Estates Homeowners
Association (Exhibit A);
Extension of electrical and gas service to the seven lots of the
Property as indicated on the Final Plat and engineering drawings
submitted;
iv. Extension of the telephone service as indicated on the Final Plat and
engineering drawings submitted;
The County agrees that if all improvements are installed in accordance with the foregoing
provisions of this paragraph and the as -built drawings to be submitted upon completion of the
improvements, then Owner shall be deemed to have satisfied all of the terms and conditions of the
2
1 111111 III 1111 1111
553287 10/06/1999 09 00A B1154 P105 M ALSDORF
3 of 17 R 0.00 D 0.00 GARFIELD COUNTY CO
Zoning and Subdivision Regulations of Garfield County, Colorado.
3. Security for Improvements
a. Letter of credit: On or before the date of recording of the Final Plat for
Rifle Creek Estates, Filing 2, with the Garfield County Clerk and Recorder,
the Owner shall deliver a Letter of Credit in a form acceptable to the
County in the amount of one hundred twenty two thousand three hundred
sixty six dollars ($122,366.00 ), which is the estimated cost of completion
of the subdivision improvements related to the Property as set forth and
certified by a licensed engineer on Exhibit B (attached.) The Letter of
Credit required by this agreement shall be issued by a state or national
banking institution acceptable to the County. The Letter of Credit must be
valid for a minimum of six (6) months beyond the completion date. If the
time set forth herein for completion of the improvements is extended by
written agreement between the Owner and the County, the Letter of Credit
shall similarly be extended. Additionally, should the Letter of Credit
become void or unenforceable for any reason, or should the costs of
Completion exceed the estimate, Owner shall nevertheless remain
personally responsible for the completion of the subdivision improvements
and shall promptly provide a replacement Letter of Credit from another
state or national banking institution or otherwise provide alternative
security acceptable to the County.
b. Partial releases of Letter of Credit: The County shall release portions of the
Letter of Credit as portions of the subdivision improvements are completed
to the satisfaction of the County. Certification of completion of
improvements adequate to authorize the release of the security must be
submitted by a licensed or registered engineer. Such certification
authorizing release of security shall certify that the improvements have
been constructed in accordance with the requirements of this agreement,
including all final plat documents, and shall be stamped upon as -built
drawings by said professional engineer where applicable. Owner may also
request release for a portion of the security upon proof (i) that the Owner
has a valid contract with a public utility company regulated by the
Colorado PUC that obliges such utility company to install certain utility
lines; and (ii) that Owner has paid to such utility company the cost of
installation of such utilities required to be paid by Owner under such a
contract. Where the security is held to cover the purchase of a specific
item such as a water tank, the Owner may similarly request partial release
of security by certifying that the item has been delivered and by submitting
a bill for payment from the provider of such an item.
Upon submission of a certificate of completion of improvements by the
3
1111111 Ilii 1111 IIII.III 1111111111111 •
,553287 10/06/1999 09:00A B1154 P106 M ALSDORF
4 of 17 R 0.00 D 0.00 GARFIELD COUNTY CO
Owner, the County may inspect and review the improvements certified as
complete, to determine whether or not said improvements have been
constructed in compliance with the relevant specifications. If the County
determines that all or a portion of the improvements certified as complete
are not in compliance with the relevant specifications, the County shall
furnish a letter of potential deficiencies to the Owner within 15 days
specifying which improvements are potentially deficient. If no letter of
potential deficiency is furnished within said 15 day period, all
improvements certified as complete shall be deemed accepted and the
County shall release the appropriate amount of security as it relates to the
improvements which are certified as complete. If a letter of potential
deficiencies is issued which identifies a portion of the certified
improvements as potentially deficient, then all improvements not so
identified in the letter of potential deficiencies shall be deemed accepted
and the County shall release the appropriate amount of security as such
relates to the certified improvements that are not identified as potentially
deficient in the letter.
With respect to any improvements certified as complete by the Owner that
are identified as potentially deficient in a letter of potential deficiencies as
provided in this paragraph, the County shall have thirty (30) days form the
date of the letter of potential deficiencies to complete its investigation and
provide written confirmation of the deficiency to the Owner. If upon
further investigation the County finds that the improvements are
acceptable, then appropriate security shall be released to the Owner within
ten (10) days after completion of such investigation. In the event the
improvements are not accepted by the County, the Board of
Commissioners shall make a written finding prior to requesting payment
form the Letter of Credit. Additionally, the County shall provide the
Owner a reasonable period of time to cure any deficiencies prior to
requesting payment from the Letter of Credit.
c. Substitution of Letter of Credit: The County may, at its sole option, permit
the Owner to substitute collateral other than a Letter of Credit acceptable
to the County for the purpose of securing the completion of the
improvements required in terms of this Agreement.
d. Recording of Final Plat: No Final Plat shall be recorded pursuant to this
Agreement until the Letter of Credit described in this Agreement has been
received and approved by the County.
4. School impact fees: The parties recognize and agree that the approval of the Final
Plat constitutes approval of 7 single family lots for a corresponding total of 7
dwelling units as further defined in the covenants submitted during the Preliminary
4
111111 11111 111111 111111 1111 1111 111111 111 11111 1111 1111 •
553287 10/06/1999 09.00A B1154 P107 M ALSDORF
5 of 17 R 0.00 D 0.00 GARFIELD COUNTY CO
Plan proceedings. The parties agree that school impact fees shall be $200.00 per
dwelling unit or such other amount as may be established by the County at the time
of approval of the Final Plat. The Owner specifically agrees that it is obligated to
pay the same at the time of recordation of the Final Plat, herein accepts that
obligation, and waives any claim that it is not so obligated or required to pay
school impact fees. It is noted that these fees have already been paid at the time of
the signing of this agreement. The Owner agrees that subsequent to recording of
the Final Plat, the Owner will not claim, nor is the Owner entitled to, a
reimbursement of the school impact fees paid in conjunction with this Subdivision
Improvements Agreement.
Issuance of building permits: As one remedy for breach of this agreement, the
County may withhold issuance of building permits for any structure within the
Subdivision. The parties also agree that no building permit shall be issued until the
Owner demonstrates to the satisfaction of the Fire District that adequate water is
available for the Fire District's purposes at the site of construction. Further, the
parties agree that no certificate of occupancy shall be issued for any building or
structure within the Subdivision until all subdivision improvements and water
distribution systems have been completed and are operational, as required by this
agreement. Further, the Owner herein agrees that prior to the conveyance of any
lot within this Subdivision, it will provide to the purchaser of that lot a signed copy
of Exhibit C attached hereto, notifying the owner of the foregoing restrictions
upon issuance of building permits and certificates of occupancy.
6. Consent to vacate Plat: In the event the Owner fails to comply with the terms of
this agreement, including the terms of the Preliminary Plan, as amended, the
County shall have the ability to vacate the Final Plat as it pertains to lots for which
no building permits have been issued. Any existing lots for which building permits
have been issued shall not be vacated and the plat as to those lots shall remain
valid. The Owner shall provide a survey and complete legal description with a
map showing the location of a portion of the plat so vacated.
7 Indemnity: To the extent allowed by law, the Owner agrees to indemnify and hold
the County harmless and defend the County from all claims which may arise as a
result of the Owner's installation of the improvements required pursuant to this
Agreement. However, the Owner does not indemnify the County for claims made
asserting that the standards imposed by the County are improper or the cause of
the.injury asserted.
The County shall be required to notify the Owner of receipt of a notice of claim, or
a notice of intent to sue, and shall afford the Owner the option of defending any
such claim or action. Failure to notify and provide such written option to the
Owner shall extinguish the County's rights under this paragraph. Nothing herein
stated shall be interpreted to require Owner to indemnify the County from claims
5
11111)1111111111111111111111111 11114011111111111111
553287 10/06/1999 09:00A B1154 8 M ALSDORF
6 of 17 R 0.00 D 0.00 GARFIELD COUNTY CO
•
which may arise from the negligent acts or omissions of the County or its
employees.
8. Sale of lots: No lots within the proposed subdivision that is the subject of this
Agreement shall be conveyed prior to the recording of the Final Plat.
9. Enforcement: In addition to any rights which may be provided by Colorado
statute, it is mutually agreed that the County or any purchaser of a lot within the
subdivision shall have the authority to bring an action in the District Court of
Garfield County , Colorado, to compel enforcement of this Agreement.
10. Binding effect: This Agreement shall be a covenant running with the title to each
lot within the Final Plat, and the rights and obligations as contained herein shall be
binding upon and inure to the benefit of the Owner, its successors and assigns.
11. Recording: Upon execution and authorizaticn by the County, the Owner shall
record this Agreement with the Office of the Clerk and Recorder for Garfield
County, Colorado.
12. Venue and jurisdiction: Venue and jurisdiction for any cause arising out of or
related to this Agreement shall lie in the District Court for Garfield County,
Colorado, and be construed pursuant to the laws of the State of Colorado.
13. Amendment: The parties hereto agree that this Agreement may be amended from
time to time, provided that such an amendment is in writing and signed by the
parties.
14. Notice: All notices required herein shall be tendered by personal service or
certified mail upon the following individuals or agents of the parties to this
Agreement.
Board of County Commissioners of Garfield County
C/o Mark Bean, Planning Director
109 8th Street, Suite 303
Glenwood Springs, CO 81601
Carlyle Fowler
1540 17 Road
Loma, CO 81524
With copy to:
Andrew Marais
P.O. Box 3687
Grand Junction, CO 81502
1111111 ii 111 1111111111111
553287 10/06/1999 09:00A B1154 P109 M ALSDORF
7 of 17 R 0.00 D 0.00 GARFIELD COUNTY CO
Dated this 4th day of October 1 999 .
Fowler, Marais, LLC
gAaret, cid
By: Carlylet owler, Manager
Board of County Commissioners
Garfi-ld •u y, Colorado
an
Atte
1111111 11111 111111 111111 111 1111 IISI 111 IIII II 1111 •
553287 10/06/1999 09.00A B1154 P110 M ALSDORF
8 of 17 R 0.00 D 0.00 GARFIELD COUNTY CO
AGREEMENT
FOWLER, MARAIS, LLC AND
RIFLE CREEK HOMEOWNERS ASSOCIATION
CONCERNING IMPROVEMENTS
INTRODUCTION:
EXHIBIT A
1. Fowler, Marais, LLC (F&M) is planning to develop 7 lots north of
the existing Rifle Creek Estates. The owners of these lots will
become members of the Rifle Creek Homeowners Association (RCHA).
2. In the event that F&M obtains the permission of the Garfield
County Commissioners for this proposed subdivision, and in the event
that the Commissioners' approval makes for an economically viable
development in F&M's opinion, F&M is proposing to the RCHA the
following regarding improvements to the water system, the maintenance
of the Mesa Drive extension, and additional Covenants:
WATER SYSTEM:
3. The water system will be expanded by adding new tanks with a
joint capacity of 50,000 gal for potable water. F&M will be
responsible for purchasing the new potable water tanks and installing
them to the satisfaction of the RCHA and its engineer. The tanks
will be installed in such a manner that flow through the tanks will
be enhanced, limiting bacterial regrowth, while at the same time
facilitating maintenance on the tanks when that should become
necessary. Filing 2 owners shall have the same rights and
obligations with respect to potable water as RCHA members.
4. The two existing storage tanks will be converted to irrigation
use at the expense of F&M. Filing 2 owners (who will be full members
of the RCHA) will enjoy access to these tanks for purposes of
irrigation on the same basis as current RCHA members as set out in
the agreement between Powers and RCHA dated June 18, 1987 (recorded
in Book 728, Page 273).
5. The water treatment facility will be improved in the following
manner: F&M will add one additional membrane and one additional pump
to feed this membrane including the cost of installation. In the
event that the RCHA should decide to replace the reverse osmosis
filtration system with a different system before the additional
membrane and pump are added, F&M will, instead of the membrane and
pump, contribute to that new system an amount not exceeding the cost
of the membrane, and pump installation as set out above in this
paragraph. F&M will contribute a larger chlorine contact tank. F&M
will also contribute half of the expense of automating the system for
monitoring the levels of the water in the water tanks. F&M's
contribution for automation will, however, not exceed $7,000.00.
1
11111111111111111111111111111111111111101 1111111111111
553287 10/06/1999 09 00A 81154 1 M ALSDORF
9 of 17 R 0.00 D 0.00 GARFIELD COUNTY CO
•
6. Improvements as set out in paragraphs 3 to 5 shall be completed
as a priority matter. The improvements referred to in paragraphs 3
to 5 shall be done on a cash basis and shall not be encumbered in any
way. Upon completion of these improvements and as soon as the RCHA
and its engineer have approved them, they shall be transferred to the
RCHA and such transfer shall be recorded. The underlying water
shares which support Filing 2 members' access to the potable and
irrigation water, shall similarly be transferred to the RCHA at that
same time. F&M shall be responsible for the drafting of all the
necessary documents associated with recording this agreement and also
with amending and recording any articles of incorporation and/ or
bylaws that need to be amended/ recorded as direct result of the
inclusion of Filing 2 into the RCHA. F&M shall pay any associated
recording and filing fees.
7. F&M shall, at its expense, expand the potable and irrigation
waterlines to service the additional seven lots in Filing 2. F&M
shall also install one mini -fire station such as those already in
service in Filing 1. F&M shall provide the fire hydrant/s required
for Filing 2 by the Fire Marshall.
MAINTENANCE OF MESA DRIVE EXTENSION
8. The extension of Mesa Drive shall be dedicated to the County.
The RCHA shall not assume responsibility for the maintenance of the
extension of Mesa Drive. The RCHA shall establish a sub -committee of
Filing 2 owners who shall be responsible for collecting an annual
levy of $120.00 per lot from Filing 2 owners. The sub -committee shall
have the right to adjust the levy as circumstances require and to
expend the monies in the account as necessary. All future
maintenance of Mesa Drive's extension shall be paid for from the
funds collected and maintained by the sub -committee exclusively for
that purpose. It is the clear intention that no Filing 1 owner shall
ever be asked to contribute to the maintenance of the extension of
Mesa Drive. Non-payment of this levy by a Filing 2 owner shall be
subject to the same penalties that govern non-payment of the water
assessment.
ADDENDUM TO COVENANTS GOVERNING FILING 2 OWNERS
9. Filing 2 owners shall be assessed a levy for the maintenance of
the extension of Mesa Drive. Filing 2 owners shall be solely
responsible for the maintenance of the Mesa Drive extension.
10. One Dag will be allowed for each residential unit within the
subdivision Wiling 2) and the dog shall be required to be confined
within the owners' property boundaries.
11. No open hearth solid fireplaces will be allowed anywhere within
an exemption. One new solid fuel burning stove as defined by C.R.S.
25-7-401, et. seq., and the regulations promulgated thereunder, will
be allowed in any dwelling unit. All dwelling units will be allowed
an unrestricted number of natural gas burning stoves and appliances.
2
11111111111111111111111111111111 IIJ III 111111 III 1111 r
553267 10/06/1999 09:00A B115 P112
M ALSDORF
10 of 17 R 0.00 D 0.00 GARFIELD COUNTY CO
12. In addition to the exterior lighting requirements contained in
the Rifle Creek Estates Covenants, all exterior lighting in Filing 2
will be the minimum amount necessary and all exterior lighting will
be directed inward, towards the interior of the subdivision, except
that provisions may be made to allow for safety lighting that goes
beyond the property boundaries.
13. In the future event that Filing 2 owners' property has the
reasonable ability to connect with any municipal or central sewer
system, the subject property owners shall be required to connect to
said system and remove any existing individual sewage disposal
systems which may be located on said property, within one year of the
effective date of service availability.
14. Control of noxious weeds is the responsibility of the property
owner.
15. Garfield County has a Right -to -farm -and -ranch regulation, which
recognizes the important contribution agriculture makes to this
County. Nuisance complaints made against customary and legal
agricultural operations and practices will not be pursued.
This Agreement entered into on this / day of
1999. flJf%<< l
For Rifle Creek Homeowners Association:
President, fle Creek Homeowners Association Board
For Fowler, Marais, LLC
-___„
Carlyle Fowler
Manager; Fowler, Marais, LLC
3
11111111111111111111111111111111 Ina 111 111111 III 1111 •
553287 10/06/1999 09 00A 61154 P113 M ALSDORF
11 of 17 R 0.00 D 0.00 GARFIELD COUNTY CO
EXHIBIT B
SUBDIVISION IMPROVEMENTS AGREEMENT
Cost Estimates
This document provides an estimate of the cost of completion of the subdivision
improvements for the subdivision Rifle Creek Estates, Filing 2 as required in the Subdivision
Improvements Agreement (SIA), the Final Plat, the engineering drawings submitted with the Final
Plat and an agreement between Fowler, Marais, LLC and the Rifle Creek Homeowners
Association attached to the SIA as Exhibit A:
Utilities
(Oral estimate: Paul Jiacoletti, Public Service (970) 625-6019)
Phone Service
(Oral estimate: Bob Sharp, US -West (970) 244-4973)
Road
(Attachment: Dave Jensen, United Companies (970) 243-4900)
Surveying
(Oral estimate: Mike Drissel, DH Surveys (970) 245-8749)
Engineering
(Atkins & Associates (970) 245-6630)
Water lines and hookups
(Attachment: Travis Jordan (970) 858-3720)
15,000.00
500.00
47, 800.00
4,000.00
1,000.00
21,145.00
Water plant:
Three tanks ($6,585 each) 18 621.00
(Attachment: Paula Cowser, Double T (316) 593-4357)
Membrane 5,000.00
Pump 1,800.00
Contact tank 500.00
Automation 7,000.00
(Figures provided by Rifle Creek Homeowners Association)
TOTAL 122,366.00
111111 11111 111111 111111 111111111101111 111111 III 1111 •
553287 10/06/1999 09.00A B1154 P114 M ALSDORF
12 of 17 R 0.00 D 0.00 GARFIELD COUNTY CO
It is my opinion that the subdivision improvements can be constructed and installed for an amount
of one hundred twenty two thousand three hundred sixty six dollars ($122,366.00).
vi llllllllll „r
hard
.,-11_, 12291
cP • �7�a O:
gIIS, Com•••""\..0\-•s, •
Date , ','�,-��c�:�
SEAL
2
UNITED COMPANIES
FINAL BID REPORT
RIFLE CREEK ESTATES FILING 2
JOB NUMBER : 8803, ESTIMATOR : DAVE
•
15:15:24 20 Jul 1999\
ITEM 4 DESCRIPTION
OUANTITY U.M. UNIT PRICE AMOUNT
BB BASE BID: E.WORK THRU CHIPSEAI
20100 CLEAR AND GRUB
20300 UNCLASSIFIED EXCAVATION & EMBA
30600 RECONDITION-SUBGRADE & BASES
304C2 CLASS 2: 4' ROAD BASE
304C6 CLASS 6: 3/4' ROAD BASE
407PC PRIME COAT
409T1 SEAL COAT W/COAT TYPE 1
62600 MOBILIZATION
TGM TIME AND MTL PRICING
980 980 LOADER
DUMP TANDEM AXLE DUMP TRUCK
BLADE MOTOR GRADER
LAB LABORER
;HIP.ALTS CHIP SEAL ALTERNATE BIDS
1.00 LS
1.00 LS
4182.00 CY
2372.00 SY
1125.00 TON
527.00 TON
572.00 GAL
1905.00 SY'
1.00 LS
1.00 LS
1.00 HR
1.00 HR
1.00 HR
1.00 NR
1.00 LS
1111111111111111111111111111111111111111111111111111111
553287 10/06/1999 09 00A 81154 P115 M ALSDORF
13 of 17 R 0.00 D 0.00 GARFIELD COUNTY CO
47800.000
0.000
0.000
0.000
0.000
0.000
0.000
0.000
0.000
0.000
95.000
55.000
75.000
28.000
0.000
47.800.00
0,00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
95.00
55.00
75.00
28.00
0.00
1111111111111111111111111111111111.11111111111111111 •
553237 10/06/1999 09 00A B1154 P116 M ALSDORF
14 of 17 R 0.00 D 0.00 GARFIELD COUNTY CO
=Proposal
Page No. of Pages
TRAVIS JORDAN TRENCHING
1207 18 Road
FRUITA, COLORADO 81521
(970) 858-3720
PROPOSAL SUBMITTED TO
PHONE
' DATE
STREET
/SP- /7/2/
JOB NAME ,
���`46 6,ev'� c7vc.
CITY, STATE end ZIP CODE
ZJ C
JOB LOCATION
ARCHITECT
DATE OF PLANS
JOB PHONE
MP provost hereby to furnish materiel and labor — complete in accordance with specifications below, for the sum of:
6°
Payment t6 be mina •• l 'Iowa:
f QO
dollars ($ FIS O /_J? •
All material is guaranteed to be es specified. All work to be Completed in a workmanlike
manner according to standard practices. Any alteration or oevretion from specifications
below involving extra coals will be executed only upon written order., and will become an
extra charge over and above the estimate. All agreements contingent upon strikes,
accidents Or delay. beyond Our control. Owner to carry lire. tornado and other necessary
insurance. Our workers are fully covered by Worker's Compensation Insurance.
Authorized
Signature LLLtrL/
Note' This proposal may be
withdrawn by us it not accepted within
/d
days.
We hereby submit epecllications and estimates for:
(40'- /f 1'.170. /
7 - µ"x.2" /-/,; r� �
/i
/ 2s �
6
Failure to pay according to terms herewith will subfoot buyer to coat of collection Including reasonable attorneys fees.
At rapfslftta of Proposal — The above prices. specifications and
conditions are satisfactory and are hereby accepted. You are authorized to do the Signature'
work as specified. Payment will be made as outlined above.
Date of Acceptance: Signature yqj/
Signature: R^'
9Yy/j
. 1 111111 111111 II1II1 1111 1111 11411 111 111111 111 1111
553287 10/06/1999 09:00A B115�P117 M A
LSDORF
15 of 17 R 0.00 D 0.00 GARFIELD COUNTY CO
rnixusa'
•
Page No.
of
Pages
TRAVIS JORDAN TRENCHING
1207 18 Road
FRUITA, COLORADO 81521
(970) 858-3720
PROPOSAL SUBMITTED TO
/�y2y�✓��PHONE
1.�t ;9 -64 -“g. -A__,
DA/TE
G — )/-5'?
STREET
/r/' -7/Jy)
l CfE —?G
d 7 e
JOB NAME
�i,.rep Je_
CITY, STATE and ZIP CODEE
s
JOB LOCTION
ARCHITECT
DATE OF PLANS
JOB PHONE
ATP Frn}xIISP hereby to furnish materiel and labor — complete in accordance with specifications below, for the sum of:
Payment to be made as folio s:
dollars ($ JJ / J Q u�
All material is guaranteed 10 be as specified. All work to be completed in a workmanlike
manner according to standard practices. Any alteration or deviation from specifications
below involving extra costs will be executed only upon written orders, and will become an
extra charge over and above the estimate. All agreements contingent upon strikes.
accidents or delays beyond our control. Owner to carry tire, tornado and other necessary
insurance. 0110 workers are fully covered by Worker's Compensation Insurance.
Authorized
Signature
Note: This proposal may be
withdrawn by us if not accepted within
/0
days
we nereby submit specifications and estimates for:
606' " G I
I _ cif
- gy,- � =
L"
Failure to pay according to termsherewithwill subject buyer to coat of collection Including reasonable attorneys fees.
cArrepfttnre of proposal — The above prices. specifications end
conditions are satisfactory and are hereby accepted. You we authorized to do the Signature:
work as specified. Payment will be made as outlined above.
Date of Acceptance:
111111111111111111111111111111111 I 411,
55321}7 10/06/1999 09:00A 8115 P118
M ALSDORF
16 of 17 R 0.00 D 0.00 GARFIELD COUNTY CO
NOTICE REGARDING BUILDING PERMITS
EXHIBIT C
To: All purchasers of homesites within Rifle Creek Estates Filing 2
You are hereby notified that under applicable Garfield County
regulation you may not commence construction of a residence within
unincorporated Garfield County including Rifle Creek Estates Filing
2, prior to issuance of a building permit by Garfield County. Under
the terms of the Subdivision Improvements Agreement, between Garfield
County and Fowler, Marais, LLC, and the subdivision approvals issued
for Rifle Creek Estates, Filing 2, Garfield County will not issue
building permits for the Property until:
1. There is a demonstration which satisfies the Rifle Fire
Protection District that there is adequate water available
to the construction site for the Fire District's purposes
at such site.
Additionally, Garfield County shall issue no Certificates of
Occupancy for structures within the Property until all subdivision
improvements, including all appropriate water facilities have been
completed and are operational in accordance with the Subdivision
Improvements Agreement.
87
IIIII111 n
17 of 17 R 0.00 D 0.00 GARFIELD COUNTY CO
rand Valle ational Bank
•
452 SOUTH MAPLE • P.O. BOX 250 • FRUITA, COLORADO 81521-0250
441( (970) 858-7555 • FAX: (970) 858-0546
GARFIELD COUNTY TREASURER
GARFIELD COUNTY, COLORADO
IRREVOCABLE LETTER OF CREDIT NO. 142
OCTOBER 4, 1999
EXPIRATION AUGUST 18, 2000 at 2:00 p.mat the counters of Grand
Valley National Bank, 925 N. 7th Street, Grand Junction, Colorado
Dear Sirs:
We hereby issue our Irrevocable Letter of Credit No. 142 in your.favor
issued for the account of FOWLER, MARAIS, LLC, in the amount of One
Hundred Twenty -Two Thousand Three Hundred Sixty -Six Dollars
($122,366.00). This letter is available by your draft drawn at sight
on the Grand Valley National Bank of Grand Junction, Colorado when
accompanied by the following:
Your statement signed by an authorized official of the Board of County
Commissioners, Garfield County, Colorado, as follows: "Fowler,
Marais, LLC, has failed to construct improvements to the RIFLE CREEK
ESTATES, FILING 2, as required by the Board of County Commissioners,
Garfield County, Colorado and as per the County's Zoning and
Development Code and/or plans, specifications or agreements. The
monies received from this drawing are required to complete such
improvements."
Partial and multiple drawing permitted.
All drafts must be marked: "DRAWN UNDER BANK LETTER OF CREDIT NO.
142"
We hereby agree with the drawer of the draft(s) drawn under and in
compliance with the terms of this letter of credit that the same shall
be duly honored on due presentation to the drawee.
This letter of credit is to be confirmed by the Grand Valley National
Bank of Grand Junction, Colorado with their charges for the account of
the applicant.
Except as otherwise expressly stated herein, this credit is subject to
the uniform customs and practices for Documentary Credits (1983
revision) and to the extent it does not conflict with Article 5 of the
Uniform Commercial Code of the State of Colorado.
GRAND VALLEY NATIONAL BANK
C
Cathy
vis, President/Fruita Br.
Jeri(c/Irth, Vice President
MMI►�►►�ll N ►►►ul ��►��t 54�l13MALII1III 0/06/1999 03:008 B11
17 R 0.00 D 0.00 GARFIELD COUNTY CO
of
•
EXHIBIT B
SUBDIVISION IMPROVEMENTS AGREEMENT
Cost Estimates
This document provides an estimate of the cost of completion of the subdivision
improvements for the subdivision Rifle Creek Estates, Filing 2 as required in the Subdivision
Improvements Agreement (SIA), the Final Plat, the engineering
the Rifle Creek Homeowners with the Final
Plat and an agreement between Fowler, Marais, LLC and
Association attached to the SIA as Exhibit A:
:.Utilities c r - - "
(Oral estimate: Paul Jiacoletti, Public Service (970) 625-6019)
Phone Service
(Oral estimate: Bob Sharp, US -West (970) 244-4973)
v Road
(Attachment: Dave Jensen, United Companies (970) 243-4900)
•--Surveying CDS -
(Oral estimate: Mike Drissel, DH Surveys (970) 245-8749)
Engineering
(Atkins & Associates (970) 245-6630)
Water lines and hookups
(Attachment: Travis Jordan (970) 858-3720)
Water plant:
'-Three tanks ($6,585 each)
(Attachment: Paula Cowser, Double T (316) 593-4357)
Membrane
Pump
Contact tank
Automation
(Figures provided by Rifle Creek Homeowners Association)
TOTAL
V15,000.00 (5, 01)0 .00 (z')
500.00
7,800.00
/4,000.00
1,000.00
21,145.00
"18,621.00 1i4)
was. ma•MOMVA•11.114.1.11,MMO
5,000.00
1,800.00
500.00
7.000.00
122,366.00
8l (t
y � �
'2)€10.6,50 C3'ITA)
l
ES
ORT
ESTATES FILING 2
: 8803, ESTIMATOR : DAVE
•
t5:15:2411, Jul 1999\
DESCRIPTION
OUANTITY U.M. UNIT PRICE AMOUNT
BASE BID: E.WORK THRU CHIPSEAL
20100 CLEAR AND GRUB
20300 UNCLASSIFIED EXCAVATION & EMBA
30600 RECONDITION-SUBGRADE & BASES
304C2 CLASS 2: 4° ROAD BASE
304C6 CLASS 6: 3/4' ROAD BASE
407PC PRIME COAT
409T1 SEAL COAT W/COAT TYPE 1
62600 MOBILIZATION
TtM TIME AND MTL PRICING
980 980 LOADER
DUMP TANDEM AXLE DUMP TRUCK
BLADE MOTOR GRADER
_AB LABORER
:HIP.ALTS CHIP SEAL ALTERNATE BIDS
1.00 LS
1.00 LS
4182.00 CY
2372.00 SY
1125.00 TON
527.00 TON
572.00 GAL
1905.00 SY
1.00 LS
1.00 LS
1.00 HR
1.00 HR
1.00 HR
1.00 HR
1.00 LS
111E1111111n Hint 1111111 111 1111111111111
553287 10/06/1999 09 00A 61154 P115 M ALSDORF
13 of 17 R 0.00 D 0.00 GARFIELD COUNTY CO
47800.000
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95.000
55.000
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1111 111111111111 111 11111 111 1111
6 M ALSDORF
0.009D 0. 00A B115RFIE =Proposal
0.00 D 0.00 GARFIEL OUNTY CO
_ID
Page No. of Pages
TRAVIS JORDAN TRENCHING
1207 18 Road
FRUITA, COLORADO 81521
(970) 858-3720
PHONE
PROPOSAL SUBMITTED TO
DATE
STREET
/ 5—g d - /7 t?
CITY. STATE and ZIP CODE
JOB NAME
JOB LOCATION
ARCHITECT
DATE OF PLANS
JOB PHONE
PiP 3ru3108P hereby to furnish material and labor — complete in accordance with specifications below, tor the sum of:
Payment mad• as °flows:
dawn (5 6/ 015
All material is guaranteed to be as specified. All work to be completed in a workmanlike
manner according to standard practices. Any alteration or deviation from specifications
below involving extra costs will be executed only upon written orders. and will become an
extra charge over and above the estimate. All agreements contingent upon strikes,
accidents or delays beyond our control. Owner to carry fire. tornado and other necessary
insurance. Our workers are fully covered by Worker's Compensation Insurance.
Authorized
Signature ., i4lLt. C-!
Note: This proposal may be
withdrawn by us if not accepted within
/d
days.
We hereby submit speclficetions and estimates
foo'- '1 Pi/C. /Co Psi.
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00 p 0
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Failure to pay a000rdlng to terms herewith will sub►ect buyer to Dost of collection Including reasonable attorneys teas.
,&LtP}Tfonor Di Pro DaU1 — The above prices. specifications and
conditions are satisfactory and are nereoy accepted. You are autnorizeb to 00 tits Signature'.
work as speCllied. Payment will be made as outlined a0ove. Ray.
jDate of Acceptance: Signature'
11! IH411111s111 RII
F
09:00A B
.00 GARFIELD COUNTY CO—PrIIpIISZIt—
�� TRAVIS JORDAN TRENCHING
1207 18 Road
FRUITA, COLORADO 81521
(970) 858-3720
•
PROPOSAL SUBMITTED TO
?�
STREET
CITY. STATE and ZIP CODE
PHONE
JOB NAME
JOB LN
Page No.
of
DATE
G—J1-99
Pages
ARCHITECT
DATE OF PLANS
JOB PHONE
/ Pit FropoSt hereby to furnish material and labor — complete in accordance with specifications below, for the sum of:
Payment to be made es follows: /T O
>.41,r_a4 ye w( J;44-4-24-/ Z
dollars (5 t/ 5 / 3 6 6-
All materiel is guaranteed to be as specified. All work to be completed in a workmanlike
manner according to standard practices. Any alteration or deviation from specifications
below involving extra costs will ba executed only upon written orders, and will become an
extra charge over and above the estimate. All agreements contingent upon strikes,
accidents or delays beyond our control. Owner to carry lire, tornado and Other nee essary
insurance. Our workers are fully covered by Worker's Compensation Insurance.
Authorized
Signature
Note: This proposal may ba
withdrawn by us if not scowled within
/o
days.
We hereby submit specitiostions 500 eetirnetee tor:
1-
.. % -... /;c;
-.
Failure to pay according to terms herewith will sublsso
ot buyer to Dost of collection including reasonable attorneys toes.
,_'1LLZfrfAtTtP rif ropu%II) — The above prices. specifications and
conditions are satisfactory and are hereby accepted. You are authorized to 0o the Signature:
won, as specified Payment vnll be made as outlined above.
Sgnature
Date of Acceptance'. _
(III 11111111 II IIIIII 1111111
09:00A 8115 9 M ALSDORF
0 D 0.00 GARFIELD COUNTY CO
-41
rand Valley
•
ational Bank
452 SOUTH MAPLE • P.O. BOX 250 • FRUITA, COLORADO 81521-0250
(970) 858-7555 • FAX: (970) 858-0546
GARFIELD COUNTY TREASURER
GARFIELD COUNTY, COLORADO
IRREVOCABLE LETTER OF CREDIT NO. 142
OCTOBER 4, 1999
EXPIRATION AUGUST 18, 2000 at 2:00 p.m. at the counters of Grand
Valley National Bank, 925 N. 7th Street, Grand Junction, Colorado
Dear Sirs:
We hereby issue our Irrevocable Letter of Credit No. 142 in your.favor
issued for the account of FOWLER, MARAIS, LLC, in the amount of One
Hundred Twenty -Two Thousand Three Hundred Sixty -Six Dollars
($122,366.00). This letter is available by your draft drawn at sight
on the Grand Valley National Bank of Grand Junction, Colorado when
accompanied by the following:
Your statement signed by an authorized official of the Board of County
Commissioners, Garfield County, Colorado, as follows: "Fowler,
Marais, LLC, has failed to construct improvements to the RIFLE CREEK
ESTATES, FILING 2, as required by the Board of County Commissioners,
Garfield County, Colorado and as per the County's Zoning and
Development Code and/or plans, specifications or agreements. The
monies received from this drawing are required to complete such
improvements."
Partial and multiple drawing permitted.
All drafts must be marked: "DRAWN UNDER BANK LETTER OF CREDIT NO.
142"
We hereby agree with the drawer of the draft(s) drawn under and in
compliance with the terms of this letter of credit that the same shall
be duly honored on due presentation to the drawee.
This letter of credit is to be confirmed by the Grand Valley National
Bank of Grand Junction, Colorado with their charges for the account of
the applicant.
Except as otherwise expressly stated herein, this credit is subject to
the uniform customs and practices for Documentary Credits (1983
revision) and to the extent it does not conflict with Article 5 of the
Uniform Commercial Code of the State of Colorado.
GRAND VALLEY NATIONAL BANK
Davi-0 Piu.
Cathy ":vis, President/Fruita Br.
Jer L •rth, Vice President
RECEIVED DEC 2 1 pppp
&rand Valley j\fational Bank
December 19, 2000
452 SOUTH MAPLE • P.O. BOX 250 • FRUITA, COLORADO 81521-0250
(970) 858-7555 • FAX: (970) 858-0546
Mark Bean
Building and Planning
109 8th St. Suite 303
Glenwood Springs, CO 81601
RE: Fowler/Marais LLC -Rifle Creek Estates
Dear Mr. Bean:
Enclosed is a copy of the cancelled letter of credit our bank provided to you for the above
mentioned customers. The project is completed and the letter has matured. Here is a
copy for your records since we were unable to get the original back from your office.
If you have any questions, please call.
Sincerely,
Viuk744\ Leeo--)
Shawna Jacque
Loan Administrator
&rand Valley ational Bank
452 SOUTH MAPLE • P.O. BOX 250 • FRUITA, COLORADO 81521-0250
(970) 858-7555 • FAX: (970) 858-0546
GARFIELD COUNTY TREASURERVX)(7.'
GARFIELD COUNTY, COLORADO
IRREVOCABLE LETTER OF CREDIT NO. 142
OCTOBER 4, 1999
EXPIRATION AUGUST 18, 2000 at 2:00 p.m. at the counters of Grand
Valley National Bank, 925 N. 7th Street, Grand Junction, Colorado
Dear Sirs:
We hereby issue our Irrevocable Letter of Credit No. 142 in your favor
issued for the account of FOWLER, MARAIS, LLC, in the amount of One
Hundred Twenty -Two Thousand Three Hundred Sixty -Six Dollars
($122,366.00). This letter is available by your draft drawn at sight
on the Grand Valley National Bank of Grand Junction, Colorado when
accompanied by the following:
Your statement signed by an authorized official of the Board of County
Commissioners, Garfield County, Colorado, as follows: "Fowler,
Marais, LLC, has failed to construct improvements to the RIFLE CREEK
ESTATES, FILING 2, as required by the Board of County Commissioners,
Garfield County, Colorado and as per the County's Zoning and
Development Code and/or plans, specifications or agreements. The
monies received from this drawing are required to complete such
improvements."
Partial and multiple drawing permitted.
All drafts must be marked: "DRAWN UNDER BANK LETTER OF CREDIT NO.
142"
We hereby agree with the drawer of the draft(s) drawn under and in
compliance with the terms of this letter of credit that the same shall
be duly honored on due presentation to the drawee.
This letter of credit is to be confirmed by the Grand Valley National
Bank of Grand Junction, Colorado with their charges for the account of
the applicant.
Except as otherwise expressly stated herein, this credit is subject to
the uniform customs and practices for Documentary Credits (1983
revision) and to the extent it does not conflict with Article 5 of the
Uniform Commercial Code of the State of Colorado.
GRAND VALLEY NATIONAL BANK
Cathy Davis, President/Fruita Br. Jerry L. Orth, Vice President
•ECEJVEO SEP 2 5 2000
rand Valley ,AftEtional Bank
452 SOUTH MAPLE • P.O. BOX 250 • FRUITA, COLORADO 81521-0250
(970) 858-7555 • FAX: (970) 858-0546
September 20, 2000
Mark Bean
Building and Planning
109 8h St. Suite 303
Glenwood Springs, CO 81601
RE: Fowler/Marais LLC -Rifle Creek Estates
Dear Mr. Bean:
On August 14, 2000, we received our final release for the project done by Fowler/Marais. I believe all of
the work has been completed and the subdivision has been approved by the county. There are no further
monies available for draw. To close our file, would you please return the original letter of credit #142.
If you have any questions, please call.
Sincerely,
Mak. 4C.Le-3—>
Shawna Jacquez U
Loan Administrator
Garfield County
Planning Department
Memo
To: Georgia Chamberlain, Garfield County Treasurer
From: Kit Lyon, Senior Planner rW
CC:
Date: 09/29/00
Re: Rifle Creek Estates, Filing 2, Letter of Credit
The required improvements for Rifle Creek Estates, Filing 2, have been completed
satisfactorily. Please return the original Letter of Credit #142 to Grand Valley National Bank,
attn. Shawna Jacquez. Attached hereto is an addressed envelope for your convenience. Thank
you.
,'.,f
Clb
ANDREW MARAIS
P. O. Box 3687
GRAND JUNCTION, CO 81502
6 August, 2000
BY HAND
Ms. Kit Lyon
Building and Planning Department
109 8th Street, Suite 303
Glenwood Springs, CO 81601
ACEI VED AUG 0 l a -
(970) 858-3968
FAX (970) 858-3968
E-MAIL: marais@gj.net
RE: Rifle Creek Estates Filing 2: Improvements Finalized
and Fifth and Final Release
Dear Kit:
The purpose of this letter is two -fold: firstly, to communicate to the Garfield County that
improvements to the above-mentioned subdivision have been completed, and secondly, to request
the final release on the Letter of Credit.
A. IMPROVEMENTS FINALIZED: The improvements relating to Rifle
Creek Estates Filing 2 as envisaged in the Subdivision Improvements Agreement (SIA) dated
October 4, 1999 have been completed. Pursuant to the SIA, I enclose the following:
a. A two page "As Built" plan set
b. Public Service sketches indicating the location of gas and electric facilities
c. A US West sketch showing the location of telephone lines
d. A letter from the Rifle Creek Estates Homeowners Association (RCEHA)
indicating that we have fulfilled our obligations towards the RCEHA
e. A letter from the Fire Marshall indicating that Fowler Marais, LLC (F&M)
has fulfilled the fire protection improvement requirements of the Rifle Fire
Protection District. (Additional requirements mentioned in the letter have
been incorporated in the covenants governing Filing 2 owners.)
f. A copy of a quitclaim deed executed by the US Department of Energy
(DOE)
g. An agreement dated May 25, 2000 between F&M and the RCEHA
concerning the abandonment of an easement.
As you will note on page 1 of the As Built maps, items "f" and "g" relate to two
easements across lots 6 and 7 of Filing 2, one of which has already been abandoned by the DOE,
• •
Ms. Kit Lyon
August 6, 2000
Page 2
and the second which will be abandoned by the RCEHA. (F&M has already completed and paid
for the relocated the irrigation line in question.)
I trust that this will satisfy all of the requirements of the SIA.
B FINAL RELEASE: We would consequently like to request the
fifth and final release on our Letter of Credit under the terms of the SIA.
All contractors have been paid for the completed improvements with the exception of the
following:
1. F&M has agreed to modify its original improvements agreement concluded with
the RCEHA last year. (see attached revised agreement dated April 12, 2000.) In
terms of this new agreement, F&M undertook to pay $19,300 to the RCEHA as a
contribution towards the purchasing of a new Reverse Osmosis Plant and the
automation of this new plant. Upon release of the funds, we shall pay RCEHA this
agreed amount since that work has now been completed and a bill for the work is
payable.
2. There is an outstanding engineering bill in the amount of $1,271.00 that will be
paid from the released funds.
I therefore request the release of the remaining $22,719.50 held under the Letter of Credit.
Please let me know if this is in order. Please also let me know of the date for consideration of this
request.
Thank you.
Sincerely,
Andrew Marais
Enclosures:
cc: RCEHA
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DAN ROMAN❑ PHONE 597-8222 j
5930PA❑NIA COURT
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CO 80915
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REMARKS: LDA
RIFLE CREEK ESTATES
FILING #2
TNSHP 5S RANG 93W SEC 24
DEVELOPER
FOWLER, MARAIS, LLC
ANDREW MARAIS PHS 970 858-3968
P❑ BOX 3687
GRAND JUNCTI❑N, CO 81602
T
EST
Reason for relssuel Issues Date
TENCH DETAIL
ALL TRENCH THIS SHEET IS BURIED J❑INT WITH POWER.
441
Notice - Not for Disclosure
Dutslde of U S WEST and
Affiliates Except Under
Written Agreement
DESIGNED BY:
TELEPHONE:
TAPER CODE:
PLAT REF:
BOB SHARPE
970 244-4973
111010
❑PM11344-648—C8
J❑B; 022D882
GED CODE:
WC CILLI:
ISS# ISS DATE:
250550
RIFLC❑MA
SH: 4 OF 4
RCEHA
1000 Mesa Drive
Rifle,CO 81650
•
Phone:
FAX:
email:
Sunday, April 9, 2000
F&M LLC
P.O. Box 3687
Dear Sirs,
The RCEHA hereby declares that F&M has discharged all of its obligations to
the RCEHA and further communicates to the County of Garfield the RCEHA's consent
to the removal of any remaining administrative or other hurdles in the process of
finalizing the subdivision of Rifle Creek Estates Filing 2.
Respectfully,
The Board of Directors RCEHA
Oberholtzer
Pres
RIFLE IRE PROTECTION STRICT
June 20, 2000
Common Wealth Title
127 East 5th Street
Rifle, Colorado 81650
Attention: Dean Hubbell
Reference: Rifle Creek Estates, Second Filing
Mr. Hubbell,
As per our telephone conversation, Rifle Creek Estates, second filing, has fulfilled the
fire protection improvement requirements of the Rifle Fire Protection District.
In the plan review process, the District made some additional comments on the project
that should be forwarded to purchasers of the individual lots. Those comments include:
1. Defensible space: Vegetation should be removed from near any current or future
structures to provide a safe zone in the event of a wild fire.
2. Driveways: Consideration should be given to the weight of emergency apparatus
and accessibility during adverse weather conditions.
3. Posting of address: The address for each residence is to be posted where it is
readily identifiable by emergency responders. If driveways accessing residences
dictate, it may be necessary to post the address where it intersects with Mesa
Drive. Address lettering is to be a minimum of 4 inches in height, 1/2 inch in
width, and contrast with background colors.
As you can see, the only items remaining to be completed are items to be done as
improvements are made to the lots by the individual owners and should not interfere with
the issuance of a building permit from Garfield County.
Thank you and feel free to contact me if you have any additional questions.
Sincerely,
Mike Morgan
District Chief
Telephone (970) 625-1243 • Fax (970) 625-2963
1850 Railroad Avenue • P.O. Box 1133 • Rifle, Colorado 81650
411
Department of Energy 41°
Western Area Power Administration
P.O. Box 281213
Lakewood, CO 80228-8213
MAY
Mr. Andrew Marais
Fowler, Marais, LLC
P.O. Box 3687
Grand Junction, CO 81502
Dear Mr. Marais:
LG 1.
Enclosed, for your files, is the original Quitclaim Deed from the
United States to Fowler, Marais, LLC. Said deed quitclaims, at
your request, a portion of a United States access road across
Open Space and Lots 6 and 7 of Rifle Creek Estates Filing No. 2.
Future access to our Craig -Rifle transmission line will be from
Mesa Drive which now intersects our transmission line.
We appreciate your cooperation regarding your development and its
impact on our transmission line. Should you have any questions,
please contact Mr. Steve Webber of my staff at (720) 962-7272.
Enclosure
Sincerely,
R. Steven Warner
Lands Manager
Printed on recycled paper
1 111111 11111 111111 1111 1111 111111111Ni 111 11111 1111 1111 •
563189 05/09/2000 12 18P B1186 P408 M ALSDORF
1 of 2 R 10.00 D 0.00 GARFIELD COUNTY CO
QUITCLAIM DEED (Easement)
United States of America
Department of Energy
Western Area Power Administration
This QUITCLAIM DEED is made this 8th day of May, 2000, between the United States of
America, Department of Energy, Western Area Power Administration, herein referred to as the
UNITED STATES, and Fowler, Marais, LLC, herein referred to as GRANTEE.
WITNESSETH, that the UNITED STATES, for mutual benefits and other good and valuable
consideration, hereby RELEASES and QUITCLAIMS to the GRANTEE, its successors or
assigns, all right, title and interest of the UNITED STATES in a portion of an access road
easement, being on land owned by the GRANTEE and more particularly described as follows:
That portion of an access road easement 20 feet in width granted to the United States of
America by that certain Contract and Grant of Road Easement dated October 28, 1964,
recorded on May 21, 1965 in Book 366, page 185 of the Official Records of Garfield
County, Colorado, lying in Lot 6, Lot 7, and Open Space of Rifle Creek Estates Filing
No. 2, as recorded on October 8, 1999 at Reception No. 553483 of the Official Records of
Garfield County, Colorado.
It is the intent of the QUITCLAIM DEED to abandon and release to the GRANTEE only that
portion of the UNTIED STATES' easement located within Lot 6, Lot 7, and Open Space of Rifle
Creek Estates Filing No. 2, being part of the easement document referenced above. No right,
title, or interest acquired by the UNITED STATES in addition or subsequent to the above
easement document is released or quitclaimed by this QUITCLAIM DEED.
IN WITNESS THEREOF, the UNITED STATES has executed this QUITCLAIM DEED as of
the day and year first written above.
United States of America
Department of Energy
Western Area Power Administration
R. Steven Warner
Lands Manager
1111111 11111 111111 1111 IMI IMIIIII 11111111111 111 •
563189 05/09/2000 12 18P B1186 P409 M ALSDORF
2 of 2 R 10.00 D 0.00 GARFIELD COUNTY CO
ACKNOWLEDGMENT
State of Colorado )
County of Jefferson )
On this 8th day of May, 2000, acknowledged before me, Steven W. Webber, a Notary Public,
personally appeared R. Steven Warner, known to me to be the Lands Manager, Western Area
Power Administration, United Stares Department of Energy, and known to me to be the person
who executed the within QUITCLAIM DEED on behalf of the United States of America.
IN WITNESS WHEREOF, I have hereunto set my hand an official seal.
Notary Public
(SEAL`
My commission expires 1/22/2002
R. Steven Warner
Lands Manager
Western Area Power Administration
P.O. Box 281213
Lakewood, CO 80228-8213
AORIWT COKED:NMN LOTS 6 AND 7, 411L;NG 2
FAD MSS, LLC AND
RIFLE CREEK Rc ER$ ASaoctATioN
INTRODU TI'JN:
1. Fowler Marais, LLC, (F&M) And the Rifle Creek Homeowners
Association (RCEHA) hereby enter into an agreement concerning the
abandonment of potable and irrigation waterlines installed by the
deVeloper of Filing 1 ("old line/s") and the relncati.on of an
irrigation line,
2. F&M intend to sell lots 6 and 7 of Rifle Croak Estates Filing 2
to Dr. and Mrs. Jose Rodriguez (Byers). Buyers want the old
waterlines and the easement associated with those lines to be
abandoned by the RCEHA sia that no one Would have access to lots 6 and
7 of Filing 2 for any purpose whatsoever. The RCEHA has agreed to
abandon the old lines and the'accompanying easement but only that
portion of the old linea and easement that run! across iots 6 and 7
of Filing 2. The purpose of this agreement is to set out the terms
tO; the abandonment of the old waterlines and the accompanying
waterline easement. In the event that the sale to Buyers is
finalized, F&M and ACEHp. shall have the following obligations
respectively:
RLLOCATION OF IRRIGATION ,INE:
3. F4M, at its exclusive expense, shall relocate martof the old
irrigation line that was installed by the developer of Filing 1, more
specifically that portion of it that runs across lots 6 and 7 of
Filing 2. RCEHA shall not be responsible for any of the cost
associated with the relccation of the irrigation line. The new 6"
irrigation line that will replace the portion of the old irrigation
line shall be installed in the same trench occupied by the potable
and irrigation lines that ware installed in 1999/ 2000. The
relocation of the old irrigation line shall be completed by F&M
within 90 days of the signing of this agreement. F&M shall bear the
cast for any and all damages caused by F&M or its contractors
assocxsted with the relozatioh of the irrigation line and F&M shahs
hold the RCEaA harmless from any and all liability that may arise out
of the relocation of the irrigation line,
4. F&M shall first complete the relocation of the old irrigation line
and put it into operation. Then, F&M, again at its sole expense,
shall cut and cap the eld irrigation and potable water lines on the
west side of the irrigation and potable water hookups for lot 16 of
Rifle Creek Estates, Filing 1, thus preserving this lot's access to
the old lines that run across it, F&M shall bear the cost for, any
• •
and all damages caused by F&M or its contra tors associated with the
capping o:' these lines and F&M shall hold the RCEHA harmless from any
and all liability that may arise out of the capping of these :lies,
ABANDONMENT or WATERLINES AND EASEMENT:
5. Upon ;ample don of the construction, activities detailed in
.paragraphs 3 and 4 of this agreement, RCEHA shall abandon and or
relinquish all rights to both the old irrigation and potable
waterlines that run across lots 6 and 7 of riling 2. RCEHA shall at
that same time abandon or deed to the there owners of lots 6 and 7 the
waterline easement associated with these old waterlines, but only
that portion of it that rUns across said lots 6 and 7, The legal
effect of this shall be that RCEHA shall no longer own any water
line, or easement in its favot, that runs across lots 6 and 7 of
riling 2. This agreement shall in no way affect in any way at all
any waterlines and easements owned by the RCEHA outside the
boundaries of lots 6 and 7 of Filing 2.
QLARIr ICAT IoN;
6. Point of clarifications Should lots 6 and 7 he consolidated, the
owner of the new, single and consolidated lot shall have one vote on
the RCEHA.
SIGNATURES
/. Signatures by fax shall be binding on the parties to this
agreement.
This Agreement entered into on this ''%5day of
2000.
Creek Home wners,,, psociation i
Press- nt, Rifle Creek Homeowners Association Board.
For Forder,, Marais, LLC
Carlyle 'owier
Manager; Fowler, Marais, LLC
2
•MENDMENT TO AGRELMENT
FO'NLER MAR.AIS, LLC AND
RIFLE CREEK HOMEOWNERS ASSOCIATION
NTRODUCT)ON:
1. Fowler Marais, LLC,(F&M) and the Rifle Creek Estates Idmeowners Association (RCEIIA)
hereby agree to amend and expand the Agreement between the parties dated April 1,1999 in the
following manner.
WATER SYSTEM
2. Paragraph 5 of that Agreement, dealing with the improvement to the water treatment facility,
now agree that F884 shall
shall be deleted. In the place o: the former paragrtitpb S, the parties
contribute an amount of $19 • `t' towards the purchase of a new reverse osmosis
filtration system which shall in Jude automation components for both the potable and
irrigation water systems in use at Rifle Creek Estates. RCEHA shall contribute
Q _'do_ _4 _ towards the purchase of the new filtration system including its
$ anent.for the irrigation system. The total
automation component and an automation comp
anticipated Lice for the new p��table water filtration system including the two automation
t ma oval
omonep 260.00. F&M will accept responsibility for components is expected to be a30, em as is, u�alttding the
from the premises and ownership of the existing reverse osmosis systhalf horse paws pump feeding it)
membrane currently in use, as well as the seven and o
3. If the price for the new system should increase for whatever ref or theamount RCEA exceeding absorb
.
that extra � and undo circumstances shall 11 be the
elOr 51�� in all material
the
amount of $ /9, 3Gb. . The system Sha
respects to the system described in the Aqua Tec Systems proposal dated 1117!2000.
4. RCEI-IA shall place an order for the new system within 30 dyes of the signing ofthis
Amendment. Failure by the 11,CEl3A to do so shall reduce F&M s contribution towards the
new system by $4000.000 unless otherwise agreed in writing between the parties.
5. If thh RCEHA should decide oto upgrade the existing potable filtration system and the two
automation systems (as opposed to purchasing an all new system), F&M's contribution to the
upgrade, including automation for potable and irrigation components, shall be $117400.00
only.
6. FltM makes either the one ($19,300) or the other ($11,400) of these contributions on behalf
of all Filing 2 lots and neither F8e.M nor subsequent owners of Filing 2 lots shall be assessed
for this round of upgrades to, or replacements of the water filtration system including the two
automation components. Filing 2 lots shall be subject to future assessments payable by Rifle
Creek Estates homeowners.
7. instead of the inspection and certification referred to in Paragraph 6 ofthe Water Service
Agreoment elated June 18, 1987, F& M's engineer shall make the following certification,
namely that he has inspected the newly constructed waterlines, tanks, and all other
improvements to the water system and certify that they are in conformity with the plans as
approved and amended by RCEHA. This certification by F&M's engineer shall bear his
signature and seal. Copies of all inspection reports shall be provided to RCEHA's engineer.
8. F&M's pipeline contractor shall pressure test the water lines at 140PS1 as agreed with Mr.
Toe Hope. This test shall be oonduoted in tlse presence of F&M''s engineer who shall certify
that this pressure test has been successfully completed-
of the three newer''. table water tads with
11
The contractor shall thoroughly rinse all the sides r
approxi t aaely 3,000 gallons of fairly 000centratedchlorind water and leave that water in
the tanks and new water lines for at least 12 hours. The tanks and iiew lines shall then be
purged. 1✓ &lvM shall then add approximately 10,000 gallons afresh potable water to the
tanks, Some of this water shall be used to flush the remainder of the chlorinated water from
the lines. A bacterial test sample shall thereafter be obtained at the fire hydrant in the cul-de-
SIC.
ulde-
sac, P&M's engineer shall certify that this procedure has been completed and shall provide a
bacterial test result that is within legal limits. The RCEHA shall, within 2 days of the receipt
of this certification and bacterial test result, commence with the pumping of water into the
new tanks to allow for the expeditious changeover of the old potable water tank into irrigation
use. All certifications by the Engineer shall be signed and scaled.
9. F&M shall not pay any annuallevies for the calendar year 2000 ordinarily payable by
homeowners to the RCEHA, with respect to any Lots it owns in Filing 2. Upon the sale of a
lot, the subsequent owner shall commence with the payment of the annual levy and the Filing
2 road maintenance levy -and shall enjoy the rights of a regular homeowner-and=have the
responsibilities as set forth in the covenants.
10, F&M shall from the date of the signing of this Amendment receive all notices and
correspondence ordinarily received by homeowners including all mimnes.of Board meetings
the following address:
A. Marais
P.O •. Box 3687
Grand Junction, CO 81502
DISPUTES
11. In the event that a dispute concerning any aspect of this or other agreements should arise
between F&M and the RCERA, the parties shall submit the dispute to mediation before a
mediator agreed upon within 30 days of the date on which one or the other party gives written
notice that a dispute exists. Should mediation fail to resolve the dispute the parties shall have
regular access to the court system. The parties agree that Auris and venue for any lawsuits
arising from this agreement shall be in Garfield County, Colorado. Attorney fees awarded to
prevailing party in any litigation.
12. Pending the resolution of the dispute, both parties shall, in good kith, continue to abide by
other provisions, which are not in dispute of the 4/1/99 agreement and this amendment.
13. All signatures by fax shall be considered binding on the parties,
This Agreement entered into on this y of 2000,
For Rite Creek Estates Hotneowriers Association:
e Greek Estates Homeowners A'Alsociation Board
'For F ler, Marais, L C
Carlyle Fowler
Manager, Fowler, Marais, LLC