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HomeMy WebLinkAbout2.0 Subdivision Improvement AgreementtIIlil ilil| llllll lllllllllllllllllll lllillllll llll 37698r o3/6/2Wl 04;27P 81235 P52B ll RLSD0RF 1 of 9 R 45.6{l O O,O0 GRRFIELD C0UNTY C0 (,! lo SUBDIYISION IMPROVEMENTS AGREEMENT Ukele Acres This Agreement is made and entered into by and between the Board of County Commissioners of Garfield County, State of Colorado (the "County') and Ronald W. Smith and Jean M. Smith (the "Owner"). Introduction l. Owner is the owner and developer of certain real property located in Garfeld County, Colorado, known as Ukele Acres (the "Property'), which real property is also known as Township 6 South, Range 92 West ofthe 6ft P.M Sections 4 and9. 2. Preliminary Plat approval for Ukele Aores was obtained under the terms and conditions set forth in County Resolution No. 2000-038. 3. Owner has submitted to the County for its approval, final documents and a Final Plat for Ukele Acres (the "final plat documents"), and has agreed to complete certain subdivision improvements with respect to the development, all as more particularly set out hereafter. 4. This Agreement constitutes the Subdivision Improvements Agreement (the "SIA") required and intended to secure the faithful construction and installatiorr of the subdivision improvements required as a condition to Final Plat approval. Agreement The Partieq for and in consideration of the premises and the following mutual covenants and agreements, agree as follows, 5. Final plat approval: The County hereby accepts and approves the Final Plat of Ukele Acres, zubject 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 Zonng and Subdivision Regulations. 6. Owner's performance: Owner shall construct and instdl at its own expense, those subdivision improvements related to Ukele Acres, which are required to be constructed by Resotution 2000-038 this Agreement, the FinalPIat, Garfield County Zoning and Subdivision Regulations. The estimated cost of completion of the subdivision improvements related to the Property is as set out and certified by a licensed engineer on Exhibit B. Such improvements shall be completed within one year of the date of this Agreement (the "completion date"). The Owner shall comply with: ilililt llil ilHt ]ilt ]]illlllllllllilt l]ilililm 5769613of9 oa/o6/2001 o4fi?P 81235 R 45.00 D O.OO GRRFIELD P628 lr nLSDoRF OOUNTY CO be extended. Additionally, should the Lerter of credit become void or unenforceable for any reason, or should the costs of Completion exceed theestimatg Owner shall nevertheless remain personally responsible for the completion of the subdivision improvemenis and shill 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 Letterof Credit as portions of the subdivision improvements are completed to the satisfaction of the County. Certification of completion of improvements adequateto authorize the release of the security must be iubmined by a licensed orregistered engineer. Such certification authorizing release of security shall certiS that the improvements have been constructed in accordance with the requirements of this agreement, including allfinal plat documents, and shall be stamped upon as- built drawings by said professional engineer where applicable. Owner *.y uiro request release for a portion of the security upon proof (i) that the Ownei has a valid contract with a public utility company regulited by the Colorado pUC that obliges such utility company to install certain utitity lines; and (ii) that Owner has paid to such utility company the cost of installatiorr 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 delive.ea and by zubmitting a bill for payment from the provider of such an item. Upon zubmission of a certificate of completion of improvements by the Owner, the county may inspect and review the improvements cellified "r.o*il*t", to determine whether or not said improvements have been "onrt*"tri 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 l5 days specifoing which improvements are porentiatly deficient. If no letterof potential deficiency is furnished within said l5 day perioi, all improvements certified as complete shall be deemed accepted and the County shall release the appropriate amount of security as it relates to th" improvemert, *hiah are certified as complete. If a letter of potentialdeficiencies is isiued which identifies a portion of the certified improvements as potentially deficient, then all improvements not so identified in the letter of poteniial deficiencies shall be deemed accepted and the County shall release ih. "pp.op.iate amount of security as such relates to the certified improvements that ur" roi 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 dehciencies as provided in this paragraph, the County shall have thirry (30) days form the date ofihe letter of potential deficiencies to complete its investigation and provide written ,,ry I ruHt! ru lll[H I L'l' *H! I rHltr! I confirmation of the deficiency to the Owner. If upon further investigation the County firrds that the irnprovements are acceptablg then appropriate security shall be released to the Owner within ten (10) days after completion of such invesigation. In the event the improvements are not accepted by the County, the Board tf Co.*irsioners shalt make a written finding prior to requesting payment form the Letter of Credit. Additionalty, the County shall provide the Owner a reasonable period of time to cure any defioiencies 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 ofFinal Plat: No Final Plat shallbe recorded pursuant to this Agreement until the Letter of Credit or acceptable substitute collateral described in thi_s Agreement has been received and approved by the county. School impact fees: The parties recognize and agree that the approval ofthe Final Plat constitute; approvat of 9 single family lots for a corresponding total of 9 dwelling units as further definid in thc covena]rts submitted during the Preliminary Plan proceedings The parties agree that school impact fees shallbe $200.00 per dwelling unit or such other amount ", -ay be establishea Uy ttre County at the time of approval of the Final Plat, The Owner specifitally agrees that ii is obligated to pay the same at the time of recordation of the FinalPlat, herein accepts that obligatioq and waives any claim that it is not so obligated or iequired to pny school impact fees. It is noted that these fees have already been'paid at the time of ihe signing of this agreement, The Owner agrees that subsequent to recording of the Final Plat,lhe Owt er will not claim, nor is the Owner entitled to' a reimbursemlnt of the school impact fees paid in conjunction with this Subdivision Improvement s Agreement. lssuance of building permits: As one rernedy for breach of this agreement, the County may withhold issuance of building permits for any structure within the Subdivision. Further, the partios agree that no certificatl of occupancy shall be issued for any building or structure within tt. SrUaiuision 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 priorio the conveyanie of any lot within this Subdivision, it will provide to the p-urchas", of tnat lot a signed copy of Exlibi! 9 attached hereto' notiffing the owner of the foregoing restrictions upon isiuance of building permits and certificates ofocoupancy. 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 ine nnal 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 8. 9. 10. I [lril ilil1 ll[il ]ilt ltil illt ilIil ilt il] lill ll]Ot/o6/2OOl O4:27? 81235 P630 Il ALSD0RF R 43.00 O O,OO GNRFIELD COUI{TY CO s769615of9 11. 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 localion of a portion of the plat so vacated. 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 rnay arise as a result of the Ownefs installation ofthe 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 notifu the Owner of receipt of a notice of clairq 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 which may arise from the negligent acts or omissions of the County or its employees. 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. 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 enforcernent of this Agreement. 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 Recording: Upon execution and authorization by the County, the Owner shall record this Agreement with the Office of the Clerk and Recorder for Garflreld County, Colorado. Venue and jurisdiction: Venue and jurisdiction for any cause arising out of or related to this Agreement shalt lie in the District Court for Garfreld County, Colorado, and be construed pursuant to the laws of the State of Colorado. 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. 12. 13. 14. 15. l6 17. r tilil lllll llllll lllll llll llll lllllll lll lllll llll lll t?6s61 03/06/2001 o*27? 81235 P631 ll 0LSDoRF 6 of 9 R 45.00 D O.Og Gf,RFIELD OOUNTY C0 -1h,Dated this O day of 18. 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 cio Mark Bean, Planning Director t09 Eth Street, Suite 303 Glenwood Springs, CO 81601 Owner: Ronald W. and Jean M. Smith 31947 Highway 6 Silt, Colorado 81652 Copy to Owner's attorney: Glenn D. Chadwick, Esq. Beattie & Chadwick 710 Cooper Ave., Suite 200 Glenwood Springs, Colorado 81601 , 2001. BOARD OF COLINTY COMSSIONERS GARFTELD COIINTY, COLORADO RONALD W^ AND JEAN M, SMITH 'i.. Clerk the Board Ll[ltl ullilllllllHill il]il]llt ililtillllt lllts76961 03/06/2001 o*27p are35 FsSz-il ALsDbhl-'7 of 9 R 45.00 O O.0O GfiRFIEL0 C0UitTy co PRELIMINARY COST ESTIMATE UKELE ACRES DATE 1t29l01 SITE WORK ITEii QUANNTY EARTHWORK 6854 ROAD BASE 2766 CHIP SEAL 7054 DETENTION POND I5O18'CMP 160 15. CMP 20EROSIONCONTROL 43REVEGETATION 1.08 WELL HOUSE BLDG 144 WELL HOUSE EQUIP. 1 2'WATER LINE 1OOO 8. WATER LINE 1060 8" ISOLATION VALVES 48'FITTINGS 9 FIRE HYDMNTS 3 WATER SERVICES 9 TANK FOOTING 17 TANK WALLS 2ATANKSLAB 15 WATER PUMP STATION 1 HEADGATE 1 PARSHALL FLUME 1 TANK FOOTING 8 TANK WALLS 1ETANKSLAE 7 4'ISOLATION VALVES 4 4" IRRIGATION LINE 1155 IRRIGATION SERVICES 9DRYHYDRANT 1 IRRIGATION DRAIN MANHOLE 1 ELECTRIC PERXCEL ENERGY 1 TELEPHONE PERQWEST 1 GRAND TOTAL: UNIT PRICE $2.00 $ 13.00 s1.75 s12.50 $25.00 $20.00 $20.00 $2,000.00 $30.00 $1,750.00 $14.00 $29.00 $800.00 $800.00 $2,900.00 $1,300.00 $300.00 $350,00 $4s0.00 $3s,000.00 s300.00 $s00.00 $300.00 $350.00 s400.00 $500.00 $16.00 $700.00 $2,900.00 $1,s00.00 $21,447.50 $0.00 $13,708.00 s3s,958.00 $12,344.50 $1,875.00 $4,000.00 $400.00 $660.00 $2,157.94 $4,320.00 $1,750.00 $r4,000,00 $30,740.00 $3,200,00 $7.200.00 $8,700.00 $11,700.00 $s,100.00 $9,800.00 s6,750.00 $35,000,00 $300.00 $500.00 $2,400.00 $6,300.00 $2,800.00 $2,000.00 $1E,480.00 $6,300.00 $2,900.00 $1,s00.00 $21,447.50 $0.00 $274,490.S4 $71.303,44 $136,260,00 s43,480.00 UNITS YD TON SY TOTAL PRICE SECTION SUB TOTAL YD LF LF YD AC SF LS FT FT EA EA EA EA CY CY CY LS EA EA CY CY CY EA FT EA EA EA ts LS THIS COST ESTIMATE IS PRELIMINARY IN NATURE AND REFLECTS THE ENGINEER'S OPINION OF PROBABLE COSTS FOR THE IMPROVEMENTS NOTED ABOVE. MARKET AND JOB SITE CONDITIONS RELATIVE TO MATERIALS AVA]I.ABILITY, CONSTRUCTION TIMING, CONTMCTOR AVAILAEILITY. UNFORSEEN CONOITIONS AND COST OF MONEY MAY AFFECT THE FINAL NUMBER NOTED ABOVE. THIS ESTIMATE IS BEING PROVIDED FOR SECURING THE PUBLIC IMPROVEMENTS THROUGH THE COUNTY'S LAND REVIEW PROCESS. IT IS THE RESPONSIBILITY OF THOSE INDIVIDUALS REVIEWING THIS ESTIMATE TO APPLY APPROPRIATE CONTINGENCIES TO THE ESTIMATE, IF APPROPRIATE. ,. ilililt llill illll lllll lllll lll lillll lll lllll llllllll 576961 0l/0612001 Ol.2:l? 81235 P6:13 ll RLSDoRF 8 of 9 R 45.00 O O.OO GIRFIELD C0lJt{TY co NO'IICII ITIDGAITD ING ISUI LDING PEITM I'TS To: All purchasers of hornesites within Ukele Acres Subdivision: You are fuereby nolified tlrat uriler applicable Garfield County regulation you may not contrnence construction ofla t'esidettce within uniltcorporated Garfield Courtty includirrg Ukele Acres prior to issuartce of a building pernrit by Gartield County. Additionally, Garfield County shalt issue no Certificates of Occupancy for structures within tlte Property urrtil all subdivisiott ilnproventents, including all appropriate water tacilities have been colnpteted attrl are operatiolral itr accordance with tlre Subdivisiott Ilttprovettteltts Agreeltreltt, Exhtbit C ,-es-41 €4r g6r FRO{i A.DGH-Rt'EFRSO 97eEE€4?B illtill ililll]Iil ]ilI lilt ilIililI] lil ilill ililil5?6961 O3/OG/2001 O4*7? 81235 pG34 il RLSDORF9 of I R 45.00 D s.W GRRFIELD COINTY c0 l,' l'1DY-Consu I t i ng Eng lneers FREUMINARY COIIT ESTI MATE urELElcfiEg stl tJzlDt Pl-ot€ l.{1. I g?a24].266?I'rar. 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