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HomeMy WebLinkAbout1.0 ApplicationSubdivision Application Form sMar.24. 2004 3:08PM 1 1 1 1 1 1 1 42@gl+ ^ .-. GARFIELD COUNTY Building & Planning Department 108 8th Street, Suite 201 Glenwood Springs, Colorado 8.1601 Telephone: 970.945.8212 Facsimile: 970.384.3470 www.garfield-countv.com AI • No.6310 P. 2/5 GENERAL INFORMATION (To be completed by the applicant.) > Subdivision Name: vattey view vii 1_ - .. • -ON - i I :: .0 -s - > Type of Subdivision (check one of the following types): Mesa E • :,.• Sketch Plan Preliminary Plan Final Plat x D Name of Property Owner (Applicant,): *�tt_e_r r.t,c -_ ___ > Address: 786 Valley Court Telephone: (970) 523-5555 > City: Grand Junction State: Co . Zip Code: 81505 FAX:(970)523-010 *-Applicant _ ➢ Name of Owner's Representative, if any ttoornev, Planner, etc): Leavenworth & Karp P . C iG( D Address: on. Grand Avenue Telephone: (970)945-2261 _ ➢ City; Glenwood Springs State: C0 Zip Code: 81601 FAX:(970)945-733 > Name of Engineer: High Country Engineering, Inc. > Address: 1517 Blake Ave, Suite 101 Telephone:(970) 945-8676 Cjty: Glenwood Springs State. CO , Zip_Cpde- 81601 FAX:(970) 945-255 . > Name of Surveyor: > Address: Same as Engineer Telephone: City: State: Zip Code: FAX: _ . > Name of Planner: Land Design Partnership D Address: 918 Cooper Avenue Telephone: (970)945-2246 > City: Glenwood Springs State: C0 Zip Code: 81601 FAX:(970) 945-406 lr fra7c,) 4.264{A81 -70t-eA-#641 ‘tee"lei ,7`ri t,ed tft L,-1/,-61 . z, U Q� it} ,77/627 2.se:111,Ci— • /4_6/'/ 67,1-0/ /A)ir 13/ -Mar.24. 2004 3:08PM 1 No.6310 P. 3/5 GENERAL INFORMATION continued... Sof 11 of NE 1/4 > Location of Property: Section Township 7 Range 95W ➢ Practical Location /Address of Property: south WP>;r AidP of rile intFrsertinn of $tone Quarry Road and Battlement Mesa Parkway D Current Size of Property to be Subdivided (in acres): 7.698 D Number of Tracts / Lots Created within the Proposed Subdivision: 28 lots ➢ Property Current Land Use Designation: 1. Property's Current Zone District: LDR/PSR 2. Comprehensive Plan Map Designation: Subdivision Proposed Utility Service: D Proposed Water Source: Battlement Mesa Metropolitan District's System D Proposed Method of Sewage Disposal: Same as above > Proposed Public Access VIA: Valley View Drive > Easements: Utility: 10' Foot Utility Easgment both sides of Road Ditch: N/A_ . > Total Development Area (fill in the appropriate boxes below): jl �.r i, ftijt- tlliri �i<` ."+�I+j� �iER aiii3l f ftfiu±tth, r, ,5.s s.r2l:+ht'>r«ie.. G t.i�c..,:,1 dr,.� rdi: 1k,t:at it t.... .P+nF_ :.m+ 311 . iii. :ili¢'''r5lrifltif>.ldttifyffL{;i}—_t•hSr zgrzr r,1--g�:iNniii.a�1tl.:it+J.t• }t111 4yk Kt:"1it'_ i7;g •gy h'Uii,,h1=1_�•(fi.r ..., > Base Fee: Sketch Plan - $325.00; Prelim Plan - $675.00; Final Plat - $200 paid on > Plat Review Fee (see attached fee schedule) 2 •Mar.24. 2004 3:09PM • No.6310 P. 4/5 and the County Surveyor has signed the Final Plat in Mylar form, it will be scheduled at the next BOCC meeting to be placed on the consent agenda with a request to authorize the Chairman of the BOCC to sign the plat. Once the Final Plat is signed, it is then recorded by the County Clerk in the Clerk and Recorder's Office for a fee of $11 for the first sheet and $10 for each additional sheet thereafter. This fee shall be paid by the applicant. This act of recording the signed Final Plat represents the completion of the Garfield County Subdivision Process. Please refer to the specific language in the Final Plat portion (Section 5:00) of the Subdivision Regulations for specific timelines and additional responsibilities required of the applicant to complete the Final Piet process. Please Note: This information presented above is to be used as a general guide for an applicant considering a subdivision in Garfield County. It is highly recommended that an applicant either purchase the Garfield County Zoning Resolution and Subdivision Regulations or access them on-line at: http:l/www.garfield-countv.com/buildinq and planning/index.htm in order to ascertain all the necessary requirements for each of the three steps including Sketch Plan Review, Preliminary Plan Review, and Final Plat Review. I have read the statements above and have provided the required attached information whicorrect and accurate to the best of my knowledge. (Signa ure of applicant/owner) Last Revised: 11/21/2002 8 N -7-510q Date =Mar.24. 2004 3:39PM III • No.6310 P. 5/5 GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT AGREEMENT FOR PAYMENT FORM (Shall be submitted with application) GARFIELD COUNTY (hereinafter COUNTY) and Dar ter ,LLC (hereinafter APPLICANT) agree as follows: 1. APPLICANT has submitted to COUNTY an application for Siibdivision Phase B, in Battlement Mesa P.U.D (hereinafter, THE PROJECT), 2. APPLICANT understands and agrees that Garfield County Resolution No. 98-09, as amended, establishes a fee schedule for each type of subdivision or land use review applications, and the guidelines for the administration of the fee structure. Valley .View Village 3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT agrees to make payment of the Base Fee, established for the PROJECT, and to thereafter permit additional costs to be billed to APPLICANT. APPLICANT agrees to make additional payments upon notification by the COUNTY when they are necessary as costs are incurred. 4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board of County Commissioners for the consideration of an application or additional COUNTY staff time or expense not covered by the Base Fee. If actual recorded costs exceed the initial Base Fee, APPLICANT shall pay additional billings to COUNTY to reimburse the COUNTY for the processing of the PROJECT mentioned above. APPLICANT acicnowledges that all billing shall be paid prior to the final consideration by the COUNTY of any land use permit, zoning amendment, or subdivision plan. APPLICANT GLQ11.3- Signature Date: 3 i7-' 101- Print Name Mailing Address: 786 Valley Court Grand Junction, CO 81505 Page 4 LOYAL E. LEAVENWORTH SANDER N. KARP DAVID H. McCONAUGHY JAMES S. NEU JULIE C. BERQUIST-HEATH SUSAN W. LAATSCH NICOLE D. GARRIMONE ANNA S. ITENBERG MICHAEL J. SAWYER TERESA L. HOCK EDWARD B. OLSZEWSKI LEAVENWORTH & KARP, P.C. ATTORNEYS AT LAW 201 14TH STREET, SUITE 200 P. O. DRAWER 2030 GLENWOOD SPRINGS, COLORADO 81602 Telephone: (970) 945-2261 Facsimile: (970) 945-7336 dhm@lklawfirm.com September 24, 2004 Jim Hardcastle, Planner Garfield County Building and Planning Department 108 Eighth Street, Suite 201 Glenwood Springs, CO 81601 Re: Valley View Village Subdivision, Phase B Dear Jim: DENVER OFFICE:* WAZEE EXCHANGE BUILDING 1900 WAZEE STREET, STE. 203 DENVER, COLORADO 80202 Telephone: (303) 825-3995 Facsimile: (303) 825-3997 *(Please direct all correspondence to our Glenwood Springs Office) VIA HAND DELIVERY Enclosed please find the following information regarding the application of Darter, LLC, for approval of a final plat for Valley View Village Subdivision, Phase B. 1. Four (4) copies of final subdivision plat 2. Garfield County Treasurer Certificate of Taxes Due 3. Original engineer's certification of cost estimates for publ c improvements 4. Original engineer's certification of work completed to date C/ 5. Subdivision Improvements Agreement, including: Exhibit A - copy of #3 Exhibit B - copy of #4 Exhibit C - notice regarding building permits 6. Easement Deed dedicating open space/buffer areas to Valley View Village HOAC 7. Supplemental Declaration of Covenants C 8. Copy of authorization letter from Grace Homes Construction, Inc. and Darter, LLC v (original previously submitted to you) SEP 2 4 2004 L\2004\Clients \Grace-1238\Letters\Hardcastle-2.wpd • • LEAVENWORTH & KARP, P.C. Jim Hardcastle, Planner Page 2 September 24, 2004 Please confirm that we are scheduled for review by the Board on the 10/4/04 agenda. If you require any additional documents or information, please let me know. Thank you for your help with this application. DHM: Enclosure cc (w/o enc.): Carolyn Dahlgren, Esq. Mr. Terry Lawrence Ron Weidler, P.E. \2004\Clients\Grace-1238Uxtters\Hardcastle-2.wpd Very truly yours, Report Date: 09/24/2004 10:38AM • • GARFIELD COUNTY TREASURER Page: 1 CERTIFICATE OF TAXES DUE CERT #: 200403963 SCHEDULE NO: R400438 ASSESSED TO: HOAGLUND, EDWARD J. & IDA LEE 4064 COUNTY ROAD 309 PARACHUTE, CO 81635-9108 VENDOR NO: LEAVENWORTH & K4RP LEGAL DESCRIPTION: SECT,TWN,RNG:18-7-95 DESC: A TR IN SENE BK:0615 PG:0487 BK:1518 PG:822 RECPT:636574 BK:0748 PG: 0893 BK:0642 PG:0065 BK:0641 PG:0278 SUC:R270154 PRE:R400438 PARCEL: 2407-181-00-002 SITUS ADD: 004064 309 COUNTY RD PARACHUTE TAX YEAR CHARGE TAX AMOUNT INTEREST FEES PAID TOTAL DUE 2003 TAX 987.96 0.00 0.00 987.96 0.00 TOTAL TAXES 0.00 GRAND TOTAL DUE AS OF 09/24/2004 0.00 ORIGINAL TAX BILLING FOR 2003 TAX DISTRICT 080 - 16-EDTHFZ Authority Mill Levy Amount Values Actual Assessed GARFIELD COUNTY 10.649 165.29 RESIDENTIAL 194,910 15,520 GRAND VALLEY FIRE 3.267 50.70 COLO RIVER WATER CONS 0.255 3.96 TOTAL 194,910 15,520 WEST DIVIDE WATER CON 0.200 3.10 GRAND RIVER HOSPITAL 5.726 88.87 GRAND VALLEY CEMETERY 0.113 1.75 SCHOOL DISTRICT 16 18.881 293.03 COLORADO MTN COLLEGE 3.997 62.03 PARA/BATTLEMENT REC 3.670 56.96 CONSOLIDATED METRO 13.893 215.62 ROAD & BRIDGE FUND 0.497 7.71 DEPT SOCIAL SERVICES 1.392 21.60 GARFIELD CAP EXPEND 1.117 17.34 TAXES FOR 2003 63.657 987.96 FEE FOR THIS CERTIFICATE 10.00 ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES - SEPT 1, 2004, REAL PROPERTY - SEPTEMBER 1. TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIERS CHECK. SPECIAL TAXING DISTRICTS AND THE BOUNDARIES OF SUCH DISTRICTS MAY BE ON FILE WITH THE BOARD OF COUNTY COMMISSIONERS, THE COUNTY CLERK, OR THE COUNTY ASSESSOR. This certificate does not include land or improvements assessed under a separate account number, personal property taxes, transfer tax or misc. tax collected on behalf of other entities, special or local improvement district assessments or mobile homes, unless specifically mentioned. 1, the undersigned, do hereby certify that the entire amount of taxes due upon the above described parcels of real property and all outstanding sales for unpaid taxes as shown by the records in my office from which the same may still be redeemed with the amount required for redemption are as noted herein. In witness whereof, I have hereunto set my hand and seal this 24th ay of September, 2004. TREASURER, GARFIELD COUNTY, GEORGIA CHAMBERLAIN, BY P. O. Box 1069 Glenwood Springs, CO 81602-1069 (970) 945-6382 Valley View Village Subdivision -Phase 'B' SUMMARY OF ENGINEER'S ESTIMATED PRELIMINARY CONSTRUCTION COST March 22, 2004 HCE JOB NO: 2021056.00 k: \qprodata \ file \202 \1056\costest.xls ITEM QUANTITY UNIT COST COST Grading and Earthwork Mobilization Earthwork 1 L.S. 1 L.S. $21,500.00 $21,500.00 $35,000.00 $35,000.00 Topsoil Stripping and Stockpile Drill seed and Hydromulch Erosion and Sediment Control 1 1 1 NPDES Permitting L.S. $5,000.00 $5.000.00 L.S. L.S. $1,200.00 $2,500.00 $1,200.00 $2,500.00 1 L.S. $1,500.00 $1,500.00 Traffic Control 3" Asphalt 9" Class 6 ABC under Asphalt, cross pans, curb & gutter and walks 2'-6" Mountable Curb & Gutter & 4' Sidewalk 2'-6" Mountable Curb & Gutter Handicap Ramp 1 L.S. $2,500.00 $2,500.00 4877 S.Y. 1789 C.Y. $9.00 $22.00 $43,893.00 $39,358.00 2759 L.F. 57 5 L.F. $20.00 $12.00 $55,180.00 $684.00 Each $250.00 $1,250.00 Class I Ground Sign (Street,Stop, Speed, Yield) Domestic Water 8 Each $200.00 $1,600.00 SUB TOTAL $211,165.00 ---price inc. trenching & fittings; service materials provided by owner --- 8" C900 Waterline 8" Gate Valve 3/4" Water Service w/ Single Meter Pit Fire Hydrant Assembly 8" Water Main Stub and Blowoff Valve Connect to Existing Water Stub Sewer 1505 L.F. 7 28 3 2 $24.00 $36,120.00 Each Each $900.00 $900.00 $6,300.00 $25,200.00 Each Each $2,500.00 $1,000.00 $7,500.00 $2,000.00 2 Each $2,250.00 $4,500.00 SUB TOTAL ---price includes trenching and fittings --- 8" SDR 35 Sewerline 4' Dia. Manhole Connect to Existing Sewer Stub 4" Sewer Service 8" Sewer Stub with Cap Miscellaneous 4' Shallow Utility Trench 4" electric conduit installation (conduit furnished by utility) 4" Telephone Conduit (conduit furnished by contractor) Transformer Vault Excavation 4" Conduit Sleeving @ Roadway Intersections 6" Conduit Sleeving (d) Roadway Intersections $81,620.00 1269 9 1 30 LF. Each $27.00 $2,200.00 $34,263.00 $19,800.00 Each Each $300.00 $500.00 $300.00 $15,000.00 1 Each $500.00 $500.00 SUB TOTAL $69,863.00 1776 1776 1776 5 412 412 L.F. $4.00 $7,104.00 L.F. L.F. $1.00 $2.00 $1,776.00 $3,552.00 Each L.F. $250.00 $4.00 $1 250.00 $1 648.00 L.F. . 0 0 $1,648.00 Bonding Street Light Pole (CIP) Survey Cost per Unit (28 units) 1 L.S. $8,570.00 $8,570.00 5 1 Each L.S. $1,500.00 $20,000.00 SUB TOTAL $7,500.00 $20,000.00 $53.048.00 These bids and the estimate do not include en Engineering, Inc. cannot be held responsible fo fluctuations. • ngervices, surveying c r o m its estinyt .e•••••••,,G SUB TOTAL $415,696.00 % Contingency 2 1/2% Construction Testing TOTAL $41,569.60 $20 784.80 $478,050.40 $17,073.23 , construction administration or utility soft costs. High Country 1 costs may vary due to bidding, final contracting and market q 01-r CIVIL ENGINEERING September 20, 2004 An Employee -Owned Company Garfield County Building and Planning Department 109 8`1 Street, Suite 303 Glenwood Springs, CO 81601 Attn: Mark Bean. RE: Valley View Village — Phase B - Partial Release #1 HCE Project No. 2021056.0650 Gentlemen: I am writing this request for partial release on behalf of Darter, L.L.C., developer of Valley View Village. Please find the attached cost estimate of improvements completed to date. HCE certifies that all materials supplied and work performed is in accordance with the plans and specifications for those items inspected by HCE during periodic construction observations. All costs for which the release is being requested have been incurred in connection with the construction of the Improvements. No funds are being requested for work not completed, or for materials not installed or stored on site. Please consider this letter certification by the Project Engineer, High Country Engineering, Inc. (HCE), that all of the foregoing requirements have been met. This statement of completion shall in no way relieve any other party from meeting requirements imposed by contract or other means. Sincerely, Ron Weidler, P.E. Construction Manager cc: Terry Lawrence, Darter, LLC 1517 Blake Avenue, Suite 101 Glenwood Springs, CO 81601 970.945.8676 phone 970.945.2555 fax www.hceng.com 14 Inverness Drive East, Suite F-120 Englewood, CO 80112 303.925.0544 phone 303.925.0547 fax Val View Village Subdivision-Phas' CONTRACT QUANTITIES ‘Ilir September 17, 2004 HCE JOB NO: 2021056.00 data\ file \ 202 \ 1056 \ leinwaver1056-b.xl ITEM CONTRACT PERCENT UNIT COST COST QUANTITY COMPLETE Grading and Earthwork Mobilization Earthwork Topsoil Stripping and Stockpile Drill seed and Hydromulch Erosion and Sediment Control / NPDES Permitting 1 1 1 1 1 L.S. L.S. L.S. L.S. L.S. 25 90 $28,000.00 $86,000.00 100 $12,000.00 0 $10,000.00 50 $5,430.00 $7,000.00 $77,400.00 $12,000.00 $0.00 $2,715.00 Traffic Control 3" Asphalt 9" Class 6 ABC under Asphalt, cross pans, curb & gutter and walks 2'-6" Mountable Curb & Gutter & 4' Sidewalk 2'-6" Mountable Curb & Gutter Handicap Ramp 1 4956 1750 L.S. S.Y. C.Y. 2817 L.F. 65 L.F. 5 Each Class I Ground Sign (Street,Stop, Speed, Yield) Domestic Water 8 0 0 0 0 0 $1,968.00 ,604.00 $0.00 $0.00 $54,250.00 $0.00 $780.00. $0.00 $45,072.00. $0.00 $3,250.00 $0.00 Each 0 $1,968.00 $0.00 SUB TOTAL $99,115.00 ---price inc. trenching & fittings; service materials provided by owner --- 8" C900 Waterline 8" Gate Valve 3/4" Water Service w/ Single Meter Pit 1531 L.F. 7 Each 0 0 30 Each 0 $23.00 $850.00 $1 000.00 $0.00 $0.00 $0.00 Fire Hydrant Assembly 8" Water Main Stub and Blowoff Valve Connect to Existing Water Stub Sewer 3 2 2 Each Each Each 0 0 $2,800.00 $960.00 0 $385.00. SUB TOTAL $0.00 $0.00 $0.00 $0.00 ---price includes trenching and fittings --- 8" SDR 35 Sewerline 4' Dia. Manhole Connect to Existing Sewer Stub 4" Sewer Service Miscellaneous 4' Shallow Utility Trench 4" electric conduit installation (conduit furnished by utility) 1264 8 1 L.F. Each Each 29 Each 0 0 0 $27.00 $1,750.00 $550.00 $0.00 $0.00 $0.00 o. $512.00 $0.00 SUB TOTAL $0.00 1779 1779 L.F. L.F. 0 0 $8.00 $1.00 $0.00 $0.00 4" Telephone Conduit (conduit furnished by contractor) Transformer Vault Excavation 4" Conduit Sleeving @ Roadway Intersections 6" Conduit Sleeving @ Roadway Intersections Street Light Pole (CIP) 1779 L.F. 0 $3.00 5 Each 412 L.F. 412 L.F. 5 Each 0 0 0 $170.00 $10.00 $12.00 0 $685.00 $0.00 $0.00 $0.00 $0.00 $0.00 Half Day Utility Inspections 1 L.S. 0 $5,760.00 $0.00 Geotechnical Testing Survey Change Orders Move Topsoil Pile Left by Tammerel tel) 35617 .041114 :15'.:570 Olt 1 L.S. 20 $11,000.00 $2,200.00 1 L.S. 20 $14,090.00 SUB TOTAL $2,818.00 $5,018.00 1 L.S. 100 $8,190.00 SUB TOTAL AMOUNT TO DATE $8,190.00 $8.190.00 $112,323.00 tt 1r/ f //7/ f , N N _1 1- e- dL ..i j lf / /y� IfJ�X' 1�r O N.OI //,./` r .O •` !±\±j I ' ///7 .., 1„..„, rri \ • ‘\4,,,?‘\. )1TP\I ) i)A •, tom r r f roll +( \l r I ;• t _. `a —is, rrII \ II'4:1114,c170,11-.010 .�// /r ...� ,�' )\ .\ :\\ v'1S ' ' 1..._.. (_._ ® ..\1\\\ t ` + `V \S �t,\ a\, 1 �........___ ._.._•j -•"i / jj f '// a'/ I .I, 11.1' / O O, O 'd I �' 1 1 1 1 1 �`,. i �? ..,ICa �` - I ' it dot `; i ll �t ` ` �( j/ j r WW l ` i —.... p * a ' a L. 7' —` L \ \ \\ • -- ,•_ \ — -� �` /1 1' ' /... ............ �_i---_- ,� Ta, bt L�u j TiN M SM1 ` \) '.1\/-..-. S \ N. r (ia a. 1 �&� )yam tx �' �� t ..../ O''.._...... ! • ,_�._ _ .I rte. _..�... 1 W • I Imo— \ ♦ g} 5 \i j ` I, t g4g 4 r 1 __� -i..1 D4 • tn A 8 8 41. DARTER. LLC GARFIELD COUNTY, COLORADO VALLEY VIEW VILLAGE, PUD PHASING PLAN avoid )dddno DNols r- rrrr 0 0000 - (J)CCUCU4, V —`N—ACb 1\3_ 1\3 O D r- 0 n r r 0 m z 0 HIGH COUNTRY ENGINEERING, INC. 16V BLAKE AVENUE, 6TE 10( tl.EIWOOD 131111408, CO 81802 PHONE (070) 945-0070 FAX (970) 945-2566 14 HAMM DANE EAST, s(E ENOIEWOOD. CO 80112 PHONE 003)925,-0544 FAX (802) 925-0547 1 -g l , NUHTN DES. DJW NO. DATE REVISION BY DR. DJW CK. 5/31/03 UPDATE PLANS DJW DATE 3/3/03 FILE: PHASING CALL muff Non.lcAlloN 00.11131 Of 04.0400 1-800-922-1987 0' 534-6700 GLLI. a-a..a• DAY. 01 ADVAfa2 WPM! YOU 04 MAX 08 EXCAVATE fO1 M MM .Of I.a011011040 1@•301111u1L7 r • • SUBDIVISION IMPROVEMENTS AGREEMENT (Valley View Village Subdivision - Phase B) THIS AGREEMENT is made and entered into this day of , 2004, by and between DARTER, LLC ("Owner") and the BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, STATE OF COLORADO ("County"). WITNESSETH: WHEREAS, Owner is the record title owner of certain real property located within Garfield County, Colorado, known generally as Valley View Village Subdivision Phase B in Battlement Mesa P.U.D., and legally described as Tract H, Valley View Village Subdivision in Battlement Mesa P.U.D. according to the plat thereof recorded with the Garfield County Clerk and Recorder as Reception No. 643044(hereinafter the "Subdivision" or the "Property"); and WHEREAS, On August 4, 2003, the Board of County Commissioners granted Preliminary Plan approval for the Subdivision (hereinafter "Preliminary Plan Approval") pursuant to Resolution No. 2003-67, a copy of which was recorded in the records of the Garfield County Clerk and Recorder on September 15, 2003, in Book 1518 at Page 822 as Reception No. 636574; WHEREAS, Owner has submitted to the County for its approval a final subdivision plat for the Property ("Final Plat"); WHEREAS, as a condition of approval of the Final Plat and as required by the laws of the State of Colorado, Owner and Developer wish to enter into this Subdivision Improvements Agreement with the County; and WHEREAS, Developer has agreed to execute and deliver a letter of credit to the County to secure and guarantee its performance under this agreement and has agreed to certain restrictions and conditions regarding the issuance of building permits, certificates of occupancy and sale of properties, all as more fully set forth hereinbelow. NOW, THEREFORE, for and in consideration of the premises and the following mutual covenants and agreements, the parties hereby agree as follows: 1. Definitions. The "Final Plat" means the document consisting of two sheets to be recorded with the Garfield County Clerk and Recorder entitled "Final Plat, Valley View Village Subdivision Phase B in Battlement Mesa P.U.D., a Subdivision of Tract H, Valley View Village Subdivision in Battlement Mesa P.U.D." 1:\2004\Clients\Grace-1238\Agreements\SIA-Phase B-4.wpd September 24, 2004 1 • • "Plat Documents" means the Construction Documents for Phase B, Valley View Village, P.U.D. prepared by High Country Engineering under Project No. 2021056.00, dated February 25, 2004 consisting of 20 sheets and also including the Final Plat as revised September 24, 2004. "Phase A" means Lot 46, Tracts A, B, C, D, and E, and the public right of way for Valley View Drive, all as depicted on the final subdivision plat recorded as Reception No. 643044. "Phase B" means the Property approved for development by virtue of this SIA as depicted on the Final Plat. "Future Phases" means Lot 47 and Tracts F and G as depicted on the final subdivision plat recorded as Reception No. 643044. 2. Final Plat Approval. The County hereby accepts and approves the Final Plat, subject to the terms and conditions of this Agreement, the Preliminary Plan Approval and the requirements of the Garfield County Zoning and Subdivision Regulations including without limitation the terms and conditions of the Battlement Mesa P.U.D. as applied to the Property in Resolution No. 82-330 and as thereafter amended. This approval authorizes construction and development within Phase B as authorized in the Preliminary Plan. Development within the Future Phases shall require subsequent approval by the Board of County Commissioners of final subdivision plats and associated subdivision improvements agreements for such Future Phases. 3. Owner's Performance. Owner has constructed and installed or shall cause to be constructed and installed, at its own expense, those subdivision improvements ("Improvements") related to Phase B which are required to be constructed under the Preliminary Plan Approval, this Agreement, the Plat Documents, and all Garfield County Zoning and Subdivision Regulations. All such improvements shall be completed on or before one year after the date of this agreement. Additionally, the Owner shall comply with the following: A. Plat Documents submitted prior to or at the time of the Final Plat approval, which are incorporated herein by reference and made a part of this Agreement; B. All requirements of the Preliminary Plan Approval, including all requirements of the Garfield County Zoning Code and Garfield County Subdivision Regulations, as they relate to the Phase B of the Subdivision; C. All laws, regulations, orders and resolutions of the County and all affected special districts; D. All designs, maps, specifications, sketches, and other materials submitted to and approved by any of the above -stated governmental entities; I::\2004\Clients\Grace-1238\Agreements \SIA -Phase B-4.wpd September 24, 2004 2 • • E. The Improvements to be constructed by the Owner shall include without limitation the following, all of which are depicted on the Plat Documents: (1) potable water supply and distribution systems for the Valley View Village Subdivision, Phase B; (2) internal roads as depicted on the Final Plat; drainage features and utility structures; (3) sanitary sewer facilities; (4) landscaping, drainage improvements, and utilities as depicted in the Plat Documents. The County agrees that if all Improvements are installed in accordance with this Agreement, the Plat Documents, and the as -built drawings to be submitted upon completion of the Improvements, the requirements of the Garfield County Zoning Code, all other requirements of this agreement and the requirements of the Preliminary Plan Approval, then the Owner shall be deemed to have satisfied all terms and conditions of the Zoning and Subdivision Regulations of Garfield County, Colorado. 4. Security for Improvements. A. Letter of Credit. On or before the date of the recording of the Final Plat with the Garfield County Clerk and Recorder, the Developer shall deliver an irrevocable Letter of Credit in a form acceptable to the County or such other form of security as may be deemed acceptable to the County in the amount of $364,527.40, which is the estimated cost for completion of the Improvements, including a 5% contingency, ($478,050.40) as set forth and certified by High Country Engineering, Inc. on Exhibit A attached hereto and incorporated herein by this reference, minus the cost of Improvements, if any, already completed as of the date of the filing of the Final Plat ($112,323.00) as are certified on Exhibit B hereto, and also minus security for revegetation ($1,200.00), which shall be secured by a separate letter of credit in accordance with paragraph 4(c) below. The Letter of Credit required by this Agreement shall be issued by a state or national banking institution acceptable to the County. If the institution issuing the Letter of Credit is not licenced in the State of Colorado and transacting business in the State of Colorado, the Letter of Credit shall be "confirmed" within the meaning of C.R.S. § 4-5-107 by a bank that is licensed to do business in the State of Colorado, that is transacting business in the State of Colorado, and that is acceptable to the County. The Letter of Credit must be valid for a minimum of six (6) months beyond the completion date for the improvements set forth herein. If the time for completion of improvements is extended through the execution of a written amendment to this Agreement, the time period for the validity of the Letter of Credit shall be similarly extended. Additionally, should the Letter of Credit become void or unenforceable for any reason, including the bankruptcy of the Owner or the financial institution issuing or confirming the Letter of Credit, prior to acceptance 1:\2004\Clients\Grace-1238\Agreements\SIA-Phase B-4.wpd September 24, 2004 3 • • SUPPLEMENTAL DECLARATION TO THE MASTER DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR VALLEY VIEW VILLAGE SUBDIVISION IN BATTLEMENT MESA, PUD THIS SUPPLEMENTAL DECLARATION TO THE MASTER DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR VALLEY VIEW VILLAGE SUBDIVISION IN BATTLEMENT MESA, PUD ("Supplemental Declaration") is made and entered into this day of , 2004, by DARTER, LLC ("Declarant"). RECITALS WHEREAS, Declarant has previously caused to be recorded in Book 1546 at Page 979 of the Garfield County, Colorado, real estate records the Master Declaration of Covenants, Conditions, and Restrictions for Valley View Village Subdivision in Battlement Mesa, Planned Unit Development, ("Master Declaration) concerning the real property (the "Property") more particularly described on the plat recorded December 16, 2003, Reception No. 643044 in the office of the Clerk and Recorder of Garfield County, Colorado ("Final Plat"); and WHEREAS, Section 1.1 of the. Master Declaration provides that future phases of the Property to be developed within Tracts F, G, H or Lot 47 as shown on the Final Plat shall be subject to the Master Declaration; and WHEREAS, Valley View Village Subdivision Phase B ("Phase B") is a resubdivision of Tract H on the Property according to the plat recorded on , 2004 as Reception No. in the office of the Clerk and Recorder of Garfield County, Colorado ("Phase B Plat"); and WHEREAS, in making this Supplemental Declaration, Declarant reserves all of its rights specified in the Master Declaration and does not waive or release any of those rights by making this Supplemental Declaration. NOW, THEREFORE, Declarant hereby declares that Phase B, according to the Phase B Plat, shall be held, sold, and conveyed subject to the Master Declaration, which shall run with the land and be binding upon all persons and their entities (and their heirs, personal representatives, successors, and assigns) now or later having any right, title, or interest in all or any part of Phase B, and the Declarant further declares as follows: 1. General. The terms and conditions of this Supplemental Declaration shall be in addition, and supplemental, to the terms and conditions contained in the Master Declaration. All terms and conditions of the Master Declaration shall be applicable to Phase B. All of the above Recitals are true and are incorporated into the terms of this Supplemental Declaration. l:\2004\Clients\Grace-1238\Supp Dec Phase B.wpd September 24, 2004 -1- After recording please return to: Leavenworth & Karp, PC P. 0. Drawer 2030 Glenwood Springs, CO 81602 • • 2. Effect of Resubdividing. Membership in the Association, and assessments levied by the Association as provided in the Master Declaration, after recording of this Supplemental Declaration, shall be amended to reflect the increase in the number of Units caused by recording of the Phase B Plat and this Supplemental Declaration, which shall not alter the amount of (or change any liability for) any assessments by the Association prior to the date of recording in the Garfield County, Colorado, real estate records of this Supplemental Declaration. 3. Severability. Invalidation of any portion of this instrument for any reason shall in no way affect the remainder of it, which shall remain in full force and effect. By STATE OF COLORADO ) ) ss. COUNTY OF ) DECLARANT: DARTER, LLC Terry Lawrence Acknowledged, subscribed, and sworn to before me this day of 2004, by Terry Lawrence, of Darter, LLC. WITNESS my hand and official seal. My Commission expires: I:\2004\Clients\Grace-1238\Supp Dec Phase B.wpd September 24, 2004 Notary Public After recording please return to: Leavenworth & Karp, PC P. 0. Drawer 2030 -2- Glenwood Springs, CO 81602 • • of the Improvements, then the approval of the Final Plat shall be deemed null and void and the plat shall be vacated excepting only those lots for which building permits have been issued to bona fide purchasers prior to the date of such vacation. B. Partial Releases of Security. The County shall release portions of the Letter of Credit as portions of the Improvements are completed to the satisfaction of the County. Certification of completion adequate to authorize release of 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 the 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 Owner has a valid contract with a public utility company regulated by the Colorado PUC that obligates 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 contract. Upon submission of a certification of completion of Improvements by 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 within fifteen (15) days of the County's receipt of the certification of completion furnish a letter of potential deficiencies to the Owner specifying which Improvements are potentially deficient. If no letter of potential deficiency is furnished within said fifteen (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 were certified as complete. If a letter of potential deficiencies is issued identifying only a portion of the Improvements as potentially deficient, then all Improvements certified as complete not identified as potentially deficient in the letter shall be deemed accepted, and the County shall release the amount of security corresponding to such accepted Improvements. The County shall have thirty (30) days from the date of any letter of potential deficiencies to complete its investigation and provide written confirmation of the deficiency to the Owner. If no such written confirmation is provided to Owner within said thirty (30) day period, or if upon such 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 the thirty (30) day period of investigation. In the event that the Improvements are found deficient and not accepted by the County, then the Board of Commissioners shall make a written finding prior to requesting payment from the Letter of Credit. Additionally, the County shall provide the Owner a reasonable period of time to cure any deficiency prior to requesting payment from the Letter of Credit. C. Security for Revegetation. Revegetation of all areas disturbed during construction of the Improvements shall be accomplished in accordance with the Preliminary Plan Approval and shall be secured by a letter of credit or other security acceptable to the County in the I:\2004\Clients\Grace-1238\Agreements\SIA-Phase B-4.wpd September 24, 2004 4 • • amount of $1,200 from Owner to the County. The County may hold the security for a two-year period of time following recording of the Final Plat in order to verify the success of revegetation efforts. Certifications and release of security for revegetation upon expiration of said two-year period shall be in substantial accordance with the procedures outlined above in the section entitled Partial Releases of Security, with a certification of completion submitted by the Owner and the release of security approved by Garfield County vegetation manager. D. Substitution of Letter of Credit. The County may, at its sole option, permit the Developer to substitute collateral other than a Letter of Credit in such form as may be acceptable to the County for the purpose of securing the completion of the Improvements hereinabove provided. E. 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. 5. Water and Sewer Utilities. Prior to the issuance by the County of Certificates of Occupancy for any homes located and constructed within Phase B of the Subdivision, Owner shall construct, install, and connect the water and sewer improvements required by the Preliminary Plan Approval according to the plans and specifications approved by the Battlement Mesa Metropolitan District and provide proof to the County that such water and sewer improvements have been accepted by the District. Owner shall execute and provide to the District any documents of conveyance for easements and personal property that may be required by the Preliminary Plan and by the District as a condition of its acceptance of such improvements to provide water and sewer service to the Property. 6. Roads. All roads within the Subdivision shall be dedicated to the public as public rights of way at the time of recording of the Final Plat depicting such roads. All roads within the Subdivision shall be maintained by the Valley View Village Homeowners' Association or an incorporated multifamily sub -association thereof. The County shall not be obligated to maintain any roads within the Subdivision. 7. Traffic Impact Fees. Traffic impact fees in the amount of $ have been paid upon execution of this Agreement as required by the Preliminary Plan Approval. Additional traffic impact fees in the amount of $ per lot or residential unit shall be paid at the time of application for a building permit for such lot or unit. 8. Open Space. All of Valley View Village, including Phase A, Phase B and Future Phases, shall include not less than 9 acres of Common Open Space (25% of the total acreage). Phase A included 2.458 acres of excess open space, which is a credit towards the Common Open Space requirements for Phase B and the Future Phases. Phase B includes a total area of 5.937 acres, of which 0.617 acres is included in open space buffer areas and which counts as additional open space. The total open space requirement for Phase B is 1.484 acres. Thus, the open space 1:\2004\Clients\Grace-1238\Agreements\SIA-Phase B-4.wpd September 24, 2004 5 • 1 requirements for Phase B are satisfied by the credit from Phase A plus the additional 0.617 acres included on the Final Plat, leaving 1.591 acres as the remaining credit for Future Phases. 9. Indemnity. To the extent allowed by law, the Owner agrees to indemnify and hold the County harmless and defend the County from all claims that may arise as a result of the Owner's installation of the Improvements required by this Agreement. However, Owner does not indemnify the County for claims made asserting that the standards imposed by the County, the Battlement Mesa Metropolitan District, or other utility provided are improper or the cause of the injury asserted. The County shall notify the Owner of receipt of any 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 within fifteen (15) days of any such notice shall extinguish the County's rights under this paragraph. Nothing herein shall be interpreted to require Owner to indemnify the County from any claims arising from the intentional or negligent acts or omissions of the County, its agents or employees. 10. Sale of Lots. No tracts, lots or parcels within the Subdivision shall be conveyed prior to recording of a Final Plat depicting such tract, lot or parcel in the records of the Garfield County Clerk and Recorder. 11. 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 tract, lot or parcel within the Subdivision have the authority to bring an action the District Court of Garfield County, Colorado, to compel enforcement of this Agreement. 12. Issuance of Building Permit. As one remedy for breach of this Agreement, the County may withhold issuance of building permits for any structure with the subdivision. The parties agree that no building permit shall be issued unless the Owner demonstrates to the satisfaction of the Grand Valley Fire Protection District ("District") that there is adequate water available to the construction site for the District's purposes and all applicable District fees have been paid to the District. Further, the parties agree that no certificate of occupancy shall be issued for any building or structure within the Final Plat unless the Owner demonstrates to the satisfaction of the Garfield County Department of Building and Planning that all Improvements, including all appropriate water facilities, have been completed and are operational in accordance with this Agreement. Owner agrees to provide all initial lot purchasers with a notice in the form attached as Exhibit C at or before the closing of the first sale of such lots. 13. Consent to Vacate Plat. In the event Owner fails to comply with the terms of this Agreement, including the terms of the Preliminary Plan Approval, the County shall have the ability to vacate any portions of 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 I:\2004\Clients\Grace-1238\Agreements\SIA-Phase B-4.wpd September 24, 2004 6 • • plat as to those lots shall remain valid. Owner shall provide a survey and complete legal description with a map showing the location of a portion of the plat so vacated. 14. 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, including without limitation Developer. 15. Recording. Upon execution and authorization by the County, the Owner shall record this Agreement in the Office of the Garfield County Clerk and Recorder. 16. Venue and Jurisdiction. This Agreement shall be governed by and construed pursuant to the laws of the State of Colorado. In the event of any suit arising out of or relating to this Agreement, exclusive venue and jurisdiction shall lie in the District Court of Garfield County, Colorado. 17. Amendment. This agreement may be amended from time to time only in writing and signed by all parties hereto. 18. Notice. All notices required by this Agreement shall be tendered by personal service or certified mail, return receipt requested, upon the following individuals or agents of the parties to this agreement: To the County: To Owner: with a copy to: Board of County Commissioners Of Garfield County c/o Mark Bean, Planning Director 109 8th Street, Suite 303 Glenwood Springs, CO 81601 Terry Lawrence Darter, LLC 786 Valley Court Grand Junction, CO 81505 David H. McConaughy Leavenworth & Karp, P.C. P.O. Drawer 2030 Glenwood Springs, CO 81602 Fax 970-945-7336 1:\2004\Clients\Grace-1238\Agreements \SIA -Phase B-4.wpd September 24, 2004 7 • • WHEREFORE, the parties have executed this agreement effective as of the day and year first written above. BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY By DARTER, LLC By Terry Lawrence, President STATE OF COLORADO ) ) COUNTY OF GARFIELD ) ss. Subscribed and sworn to before me this day of , 2004by John Martin as Chairman of the Board of County Commissioners of Garfield County. (SEAL) My commission expires: STATE OF COLORADO ) ) COUNTY OF GARFIELD ) ss. Notary Public Subscribed and sworn to before me this day of , 2004by Terry Lawrence as President of Darter, LLC. (SEAL) My commission expires: Notary Public I:\2004\Clients\Grace-1238\Agreements\S[A-Phase B-4.wpd September 24, 2004 p O 4' Shallow Utility Trench Connect to Existing Sewer Stub 4' Dia. Manhole 8" C900 Waterline Valley View Village Subdivision -Phase 'B' SUMMARY OF ENGINEER'S ESTIMATED PRELIMINARY CONSTRUCTION COST March 22, 2004 HCE JOB NO: 2021056.00 k: \qprodata \file\202 \1056\costest.xls ITEM QUANTITY UNIT COST 1 COST Grading and Earthwork Mobilization 1 L.S. Earthwork 1 L.S. $21,500.00 $21,500.00 $35,000.00 $35,000.00 Topsoil Stripping and Stockpile Drill seed and Hydromulch • 1 L.S. 1 L.S. $5,000.00 $5,000.00 $1,200.00 $1,200.00 Erosion and Sediment Control NPDES Permitting 1 L.S. 1 L.S. $2,500.00 $2,500.00 $1,500.00 $1,500.00 Traffic Control 3" Asphalt 9" Class 6 ABC under Asphalt, cross pans, curb & gutter and walks 2'-6" Mountable Curb & Gutter & 4' Sidewalk 2'-6" Mountable Curb & Gutter Handicap Ramp 1 4877 L.S. $2,500.00 S.Y. 1789 C.Y. $9.00 $22.00 $2,500.00 $43,893.00 $39,358.00 2759 L.F. 57 L.F. $20.00 $12.00 $55,180.00 $684.00 5 Each $250.00 $1,250.00 Class I Ground Sign (Street,Stop, Speed, Yield) 8 Domestic Water Each $200.00 $1,600.00 SUB TOTAL $211,165.00 ---price inc. trenching & fittings; service materials provided by owner --- 8" Gate Valve 3/4" Water Service w/ Single Meter Pit Fire Hydrant Assembly 8" Water Main Stub and Blowoff Valve Connect to Existing Water Stub Sewer 1505 L.F. $24.00 $36,120.00 7 Each 28 Each 3 Each 2 Each $900.00 $900.00 $6,300.00 $25,200.00 $2,500.00 $1,000.00 $7,500.00 $2,000.00 2 Each $2,250.00 $4,500.00 SUB TOTAL $81,620.00 ---price includes trenching and fittings --- 8" SDR 35 Sewerline 4" Sewer Service 8" Sewer Stub with Cap Miscellaneous 4" electric conduit installation (conduit furnished by utility) 4" Telephone Conduit (conduit furnished by contractor) Transformer Vault Excavation 4" Conduit Sleeving @ Roadway Intersections 6" Conduit Sleeving (4. Roadway Intersections Bonding 1269I.F. 9 Each $27.00 $2,200.00 $34,263.00 $19,800.00 1 Each 30 Each $300.00 $500.00 $300.00 $15,000.00 1 Each $500.00 $500.00 SUB TOTAL $69,863.00 1776J_F. 1776 L.F. 1776 L.F. 5 412 412 $4.00 $7,104.00 $1.00 $2.00 $1,776.00 $3,552.00 Each L.F. L.F. $250.00 .00 $1,250.00 $1,648.00 .00 $1,648.00 1 Street Light Pole (CIP) 5 L.S. $8,570.00 $8,570.00 Each $1,500.00 $7,500.00 Survey Cost per Unit (28 units) 1 L.S. $20,000.00 $20,000.00 SUB TOTAL $53,048.00 These bids and the estimate do not include en Engineering, Inc. cannot be held responsible fo fluctuations. eecingervices, surveying. lack.from its estimate /4;4i' ••. •••.t SUB TOTAL $415,696.00 % Contingency 2 1/2% Construction Testing TOTAL $41,569.60 $20,784.80 $478,050.40 $17,073.23 , construction administration or utility soft costs. High Country 1 costs may vary due to bidding, final contracting and market ct - 04-r CIVIL ENGINEERING September 20, 2004 An Employee -Owned Company Garfield County Building and Planning Department 109 8th Street, Suite 303 Glenwood Springs, CO 81601 Attn: Mark Bean. LAND SURVEYING RE: Valley View Village — Phase B - Partial Release #1 HCE Project No. 2021056.0650 Gentlemen: I am writing this request for partial release on behalf of Darter, L.L.C., developer of Valley View Village. Please find the attached cost estimate of improvements completed to date. HCE certifies that all materials supplied and work performed is in accordance with the plans and specifications for those items inspected by HCE during periodic construction observations. All costs for which the release is being requested have been incurred in connection with the construction of the Improvements. No funds are being requested for work not completed, or for materials not installed or stored on site. Please consider this letter certification by the Project Engineer, High Country Engineering, Inc. (HCE), that all of the foregoing requirements have been met. This statement of completion shall in no way relieve any other party from meeting requirements imposed by contract or other means. Sincerely, Ron Weidler, P.E. Construction Manager cc: Terry Lawrence, Darter, LLC 1517 Blake Avenue, Suite 101 Glenwood Springs, CO 81601 970.945.8676 phone 970.945.2555 fax EXHIBIT dB as www.hceng.com 14 Inverness Drive East, Suite F-120 Englewood, CO 80112 303.925.0544 phone 303.925.0547 fax VaView Village Subdivision -Phar 3' CONTRACT QUANTITIES September 17, 2004 HCE JOB NO: 2021056.00 data \ file \202\1056\leinwaver1056-b.xls ITEM CONTRACT PERCENT UNIT COST COST QUANTITY COMPLETE Grading Mal Earthwork Mobilization Earthwork Topsoil Stripping and Stockpile 1 1 9 19L.S. L.S. L.S. 25 90 1009 $28,000.00 $86,000.00 $12,000.00 $7,000.00 $77,400.00 $12,000.00 Drill seed and Hydromulch 1 L.S. 0 $10,000.00; $0.00 Erosion and Sediment Control / NPDES Permitting 1 L.S. 509 $5,430.00 $2,715.00 Traffic Control 1 L.S. 0 $1,968.00 $0.00 3" Asphalt 4956 S.Y. 0 $44,604.00 $0.00 9" Class 6 ABC under Asphalt, cross pans, curb & gutter and walks r 1750 C.Y. 0 $54,250.00 $0.00 2'-6" Mountable Curb & Gutter & 4' Sidewalk . 2817 L.F. . 09 $780.009 $0.00 2'-6" Mountable Curb & Gutter 65 L.F. 0 $45,072.00 $0.00 Handicap Ramp Class I Ground Sign (Street,Stop, Speed, Yield) 5 8 Each Each 0 0 $3,250.00 $1,968.00 $0.00 $0.00 SUB TOTAL $99,115.00 Domestic Water ---price inc. trenching & fittings; service materials provided by owner --- 8" C900 Waterline 1531L.F. 0^ $23.009 $0.00 8" Gate Valve 79Each • 0 $850.00 $0.00 3/4" Water Service w/ Single Meter Pit Fire Hydrant Assembly 30 3 Each Each 0 0 $1,000.00s $2,800.00 $0.00 $0.00 8" Water Main Stub and Blowoff Valve 2 Each 0 $960.00 $0.00 H Connect to Existing Water Stub 2 Each 0 $385.00' $0.00 SUB TOTAL $0.00 Sewer ---price includes trenching and fittings --- 8" SDR 35 Sewerline 1264 L.F. 0 $27.00 $0.00 4' Dia. Manhole 8 Each 0 $1,750.00 $0.00 Connect to Existing Sewer Stub 1 Each 0 $550.00 $0.00 4" Sewer Service 29, 9Each 09 $512.00 $0.00 . . SUB TOTAL $0.00 Miscellaneous 4' Shallow Utility Trench 1779 L.F. 0 $8.00 $0.00 4" electric conduit installation (conduit furnished by utility) 4" Telephone Conduit (conduit furnished by contractor) Transformer Vault Excavation 4" Conduit Sleeving @ Roadway Intersections 6" Conduit Sleeving @ Roadway Intersections Street Light Pole (CIP) 1779 1779 5 4129 412L.F. 5 L.F. L.F. Each L.F. Each 0 0 0 . 09 9 09 0 $1.00 $3.00 $170.00' $10.009 $12.009 $685.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Half Day Utility Inspections 1 L.S. 0 $5,760.00 $0.00 Geotechnical Testing 1 L.S. 20 $11,000.00 $2,200.00 Survey 9 1, L.S. 20 $14,090.00 $2,818.00 . SUB TOTAL . $5,018.00 Change Orders ry_,_-`, 4 ` Move Topsoil Pile Left by Tammerel----01 REG/ .' $8,190.00 $8,190.00 �� 1 L.S. 100 S1 .744.4 •; �� ' Va_' d; d SUB TOTAL $8,190.00 11 17 ' 3=`'g t , A �l i AMOUNT TO DATE $112,323.00 • • EXHIBIT C NOTICE REGARDING BUILDING PERMITS AND CERTIFICATES OF OCCUPANCY TO: All purchasers of home sites within Valley View Village Subdivision - Phase B YOU ARE HEREBY NOTIFIED that under applicable Garfield County regulations you may not commence construction of a residence within unincorporated Garfield County, including Valley View Village Subdivision - Phase B, prior to the issuance of a building permit by Garfield County. Under the terms of the Subdivision Improvements Agreement between Garfield County and Darter, LLC, Garfield County will not issue building permits for property within Valley View Village Subdivision - Phase B until: 1. The Owner/Developer has demonstrated to the satisfaction of the Grand Valley Fire Protection District that adequate water is available to the construction site for the Fire District's purposes; and 2. The lot owner submits to the Garfield County Building and Planning Department a qualified, registered Engineer's Opinion stating that the structure design is in compliance with HP Geotech's Preliminary Geotechical Study dated September 16, 2002 [Job No. 102 526], including without limitation design recommendations for foundations, floor slabs, under -drain system, site grading, and surface drainage. Lot owners are advised that, in addition to the drain systems for foundations recommended by HP Geotech, due to the presence of swelling clay soils, perimeter drains should be installed around foundations. Perimeter drains prevent excessive ground moisture from saturating the soils and thus reduce the overall potential for expansion or consolidation. Additionally, Garfield County will not issue Certificates of Occupancy for structures within the subdivision until: 1. Radon gas testing has been completed; and 2. All of the subdivision improvements have been completed and are operational in accordance with the Subdivision Improvements Agreement between Garfield County and Darter, LLC. The foregoing Notice was read and understood by the undersigned Purchaser of a homesite within Valley View Village Subdivision - Phase B, on this day of , 200_. • • EASEMENT DEED THIS EASEMENT DEED made this day of , 2004, by and between Darter, LLC, a Colorado limited liability company whose address is 786 Valley Court, Grand Junction, Colorado, 81505 (hereinafter "Grantor"), and Valley View Village Homeowners Association, a Colorado non-profit corporation whose address is 786 Valley Court, Grand Junction, Colorado 81505 (hereinafter "Grantee"); FOR VALUE RECEIVED, the receipt and sufficiency of which is hereby acknowledged, Grantor hereby grants and conveys to Grantee, for the sole use and benefit of the residents of Valley View Village Subdivision in Battlement Mesa P.U.D., all easements designated for open space, buffer and/or pedestrian purposes located within Phase B of Valley View Village Subdivision as such easements are depicted on the final plat recorded in the Office of the Garfield County Clerk and Recorder on , 2004, as Reception No. , the total area of said easements being 0.617 acres, more or less. No development of any kind, including without limitation fences or any other improvements, shall be allowed within the easement. The easement shall be owned and maintained by Grantee in accordance with the terms and conditions of the Master Declaration of Covenants, Conditions and Restrictions for Valley View Village Subdivision in Battlement Mesa PUD recorded in Book 1546 at Page 979 as Reception No. 643048. Provisions of this Easement Deed shall run with the real properties affected by it and shall be binding upon and inure to the benefit of the heirs, assigns, and successors of the parties hereto. IN WITNESS WHEREOF, Grantor has executed this Easement Deed on the day and year written above. By STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) Darter, LLC Acknowledged, subscribed and sworn to before me this day of , 2004, by as of Darter, LLC. WITNESS my hand and official seal. My Commission expires: I:\2004\Clients\Grace-1238\Easement Deed.wpd September 24, 2004 Notary Public Page 1 of 1 Please return to: Leavenworth & Karp, PC P.O. Drawer 2030 Glenwood Springs, CO 81602 • • 1 111111 11111 111111 11111 111111 11 11111111 111 11111 1111 1111 636574 09/15/2003 04:24P B1518 P822 M ALSDORF 1 of 8 R 0`.00 D 0.00 GARFIELD COUNTY CO STATE OF COLORADO County of Garfield ) )ss At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Commissioners' Meeting Room, Garfield County Plaza Building, in Glenwood Springs on Monday, the 4th day of August, 2003, there were present: John Martin Larry McCown Tresi Houpt Don DeFord Mildred Alsdorf Ed Green , Commissioner Chairman , Commissioner , Commissioner , County Attorney , Clerk of the Board , County Manager when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. %MEN A RESOLUTION CONCERNED WITH THE APPROVAL OF A;PRELIMINARY FLAN FOR VALLEY VIEW VILLAGE PLANNED UNIT DEVELOPMENT, SUBMITTED BY DARTER, LLC. ON BEHALF OF EDWARD AND IDA LEE HOAGLUND WHEREAS, the Board of County Commissioners of Garfield County, Colorado, received a Preliminary Plan application from Darter, LLC. on behalf of Edward and Ida Lee Hoaglund, property owners, to subdivide approximately 36 acres of land into 47 lots consisting of 119 units (single-, two- and multi -family dwelling units); and WHEREAS, the property subject to this resolution is described as a parcel of land in Township 7 South, Range 95 West of the 6th P.M., Section 18: SE 1/4 NE 1/4, except that portion conveyed to the Board of County Commissioners, Garfield County, Colorado, by instrument recorded in Book 561 at Page 675, Reception No. 310152; and WHEREAS, on June 11, 2003, the Garfield County Planning Commission forwarded a recommendation of approval with conditions to the Board of County Commissioners for the Subdivision Preliminary Plan request; and WHEREAS, the Board held a public hearing on the 4th day of August, 2003, upon the question of whether the above described Preliminary Plan should be granted or denied, at which hearing the public and interested persons were given the opportunity to express their opinions regarding the Preliminary Plan; and 11111 111111 11111 111111 1111 1111 636574 09/15/2003 04:24P B1518 P823 M ALSDORF 2 of 8 R 0.00 D 0.00 GARFIELD COUNTY CO WHEREAS, based on the material submitted by the applicant, the recommendation of the Planning Commission and the comments of the Garfield County Planning Department, this Board finds as follows: 1. That proper posting and public notice was provided, as required, for the hearing before the Planning Commission; 2. That the meeting before the Planning Commission was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at that hearing; 3. That for the above stated and other reasons, the proposed subdivision is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County; 4. That the application is in conformance with the 1978 Garfield County Zoning Resolution, as amended; 5. That the application is in conformance with the Garfield County Subdivision Regulations of 1984, as amended. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that based on determination of facts set forth above, the Preliminary Plan of the Valley View Village Planned Unit Development be approved subject to the following conditions: 1. That all representations made by the Applicant in the application, and at the public hearing before the Planning Commission, shall be conditions of approval, unless specifically altered by the Planning Commission. 2. At the same time the First Final Plat is submitted, the Applicant shall submit an Exemption Plat for the created two tracts: 2 acres (owned by Garfield County) and 36 acres (the subject of this approval), which was approved by the County pursuant to Resolution No. 82-327. Upon approval by the Board, the Exemption Plat shall be recorded at the same time as the First Final Plat. 3. The Applicant shall modify the Protective Covenants to reflect the wildlife habitat mitigation measures recommended in the Wildlife Report dated August 18, 2002, prepared by Kirk Beattie of Beattie Natural Resources Consulting, Inc. in the Wildlife Report, and the recommendations of the Colorado Division of Wildlife as follows: A. Some details contained in the Wildlife Report ("Report") prepared by Beattie Natural Resource Consulting, are different than those proposed in the Covenants for the subdivision and shall be modified unless otherwise noted below. I Ifilfl 11111 111111 11111 111111 II IIIIIII41III 1111 1111 636574 09/15/2003 04:24P B1518 P824 M ALSDORF 3 of 8 R 0 00 D 0.00 GARFIELD COUNTY CO B. On page 20 of the Report, garbage containers are addressed in a different manner than is proposed in Item 5.23 of the Covenants. The CDOW supports the language and intent in the Covenant. C. CDOW believes that controlling dogs per Item 5.13 of the Covenants is preferred over those measures proposed in the Report (page 20). D. Cats shall also be included in the Covenants. E. CDOW endorses the provisions of the Covenants to facilitate wildlife movement in the subdivision. F. Item 5.23 of the Covenants prohibits hunting. It will not be necessary to indemnify CDOW as proposed in the Report (page 20). G. CDOW agrees that the homeowners association should own and maintain the common open space. Maintaining wildlife cover and forage in the common open space will help to mitigate most of the negative impacts to wildlife associated with the project. The open space corridors should also be maintained in this manner. Proposing that individual lot owners manage the corridors does not assure that the area will remain productive wildlife habitat. H. Clarifying the discrepancies mentioned above and adding the CDOW suggestions into the Valley View Subdivision Preliminary Plan will mitigate most of the negative impacts to wildlife. 4. Prior to recording of the First Final Plat, the exchange of deeds for the 50' gas line by Public Service Company / Xcel Energy, the County and the landowners, shall be executed and recorded 5. Pursuant to section 4.09.01 of the Zoning Resolution, the Applicant shall begin development within one year from the time of final approval. 6. Prior to the recording of the First Final Plat, a copy of the annexation documentations shall be provided to the County. The following geologic hazard mitigation measures shall be adhered, as well as Plat notes and in the Protective Covenants: A. The recommendations by Hepworth-Pawlak Geotechnical, Inc. ("HP GeoTech") outlined in the Preliminary Geotechnical Study for the Subdivision dated September 16, 2002, [Job No. 102 526] shall be adhered. These Preliminary Design Recommendations include provisions for foundations, floor slabs, under -drain system, site grading, surface drainage and pavement subgrade. B. In addition to the drain systems for foundations recommended by HP GeoTech, due to the presence of swelling clay soils, perimeter drains should be installed around foundations. Perimeter drains prevent excessive ground moisture from saturating the soils and thus reduce the overall potential for expansion or consolidation. 111E11 11111 111111 11111 111111 11 1111111111111 11E111 636574 09/15/2003 04:24P B1518 P825 M ALSDORF 4 of 8 R 0.00 D 0.00 GARFIELD COUNTY CO C. Due to the possible presence of radon gas in the area, testing for radon gas shall be done when the residences and other occupied structures have been completed, prior to the issuance of a Certificate of Occupancy. D. Once the grading plan has been completed on site, the drainage report shall be updated to account for new cross-sectional profile of the drainage. If a new channel cross-section changes the flow velocities within the drainage, some type of slope reinforcement may be necessary to prevent erosion along the length of the fill slope. 8. Prior to the First Final Plat, the Applicant shall comply with the recommendations of the Garfield County Road and Bridge Depaitment, dated April 2, 2003, listed below which are applicable at the First and applicable Final Plat. The remainder of these recommendations shall be incorporated within the Access Permit obtained from the Road and Bridge Department: A. The deceleration lane for the entrance to Valley View Drive from South Battlement Parkway shall have proper signage to indicate traffic exiting South Battlement Parkway. A stop sign shall be required at the exit from Valley View Drive onto South Battlement Parkway. B. On the downhill lane of South Battlement Parkway at the exit of Valley View Drive, a sign designating the intersection shall be installed. C. It was agreed upon during the site visit on April 10, 2003, that a deceleration lane from Stone Quarry Road was not needed for the entrance to Valley View Drive. D. A stop sign shall be required at the exit from Valley View Drive onto Stone Quarry Road. There shall be an intersection sign placed on both traffic directions of Stone Quarry Road warning of traffic entering and exiting from Valley View Drive. E. The cross walk on Stone Quarry Road shall be located as agreed to on the site visit (adjacent to Stone Quarry Road). A portion of the guardrail of Stone Quarry Road may be removed to accommodate cross walk. There shall be flashing lights and proper signage warning traffic traveling in both directions on Stone Quarry Road of the cross walk. This crosswalk shall be delineated on the First Final Plat. F. Proper work zone signage and traffic control shall be required for all work being performed on South Battlement Parkway and Stone Quarry Road and of construction vehicles entering and exiting project. G. All signage and flashing lights shall meet standards and installation guidelines as set forth in the Manual on Uniform Traffic Control Devices. H. Driveway access permits will be issued with provisions specific to the permits upon final approval of the subdivision. 9. Pursuant to section 9:34 of the Subdivision Regulations, all streets / roads within the subdivision shall be dedicated to the public, except those private driveways within the multi -family lots (i.e. Angelica Circle, Jessica Lane and Bryan Loop). I Ifilil IIIII IIIIiI IIIII 111111 II IIIIIiII 11II Iill ILII 636574 09/15/2003 04:24P B1518 P826 M ALSDORF 5 of 8 R 0.00 D 0.00 GARFIELD COUNTY CO Repair and maintenance of these streets / roads shall be the responsibility of the incorporated Homeowners Association. This shall be reflected in the Protective Covenants. 10. The project shall provide for 9 acres of Common Open Space (25% of 36 acres) as required pursuant to 4.07.09 of the Zoning Resolution. 11. Prior to First Final Plat, as agreed upon by the Grand Valley Fire Protection District, the Applicant shall address and provid written confirmation that the items outlined in High Country Engineering's letter dated May 30, 2003 have been resolved as agreed upon. 12. Prior to the submittal of First Final Plat, the Applicant shall provide the following weed management information for review and approval by the Garfield County Weed Management Director: A. Noxious Weeds: i. Weed Management: The Applicant inventory list provided by the Applicant lists the presence of Diffuse knapweed and Plumeless thistle. These are weeds that should be treated immediately when found. Prior the Board of County Commissioner review of Preliminary Plan, the Applicant shall provide for noxious weed treatment and thus prevent seed production before any earthmoving commences. ii. Common area weed management: The Applicant shall designate weed management responsibilities for common areas, including roadsides, open spaces, and the asphalt bike / pedestrian trail. iii. Covenants: It is common for vacant lots in Battlement Mesa to become infested with Russian knapweed. Due to the number of lots, it creates a staffing problem for the County in attempting to conduct enforcement. The Applicant shall incorporate language in the covenants that will require vacant lot owners to manage noxious weeds under Colorado law. The Applicant shall provide language into the covenants that will give the Homeowners Association the authority and responsibility to access vacant lots with unattended county -listed noxious weeds for treatment costs. B. Revegetation: i. The revised Revegetation Guidelines from the Garfield County Weed Management Plan calls for the following: a). Plant material list. b) Planting schedule. riiiiiiiii olio 11111 iuiii 11 uuiui iite 1111 111 636574 09/15/2003 04:24P B1518 P827 M ALSDORF 6 of 8 R 0 00 D 0.00 GARFIELD COUNTY CO c) A map of the areas impacted by soil disturbances (outside of the building envelopes). d) A revegetation bond or security shall be determined at First Final Plat and paid prior to First Final Plat submittal. ii. Prior to First Final Plat, the Applicant shall provide a plant material list. The Applicant shall provided detailed information with respect to Item 12(B)(i)(a-d) listed above. iii. Prior to First Final Plat, the Applicant shall submit a map that quantifies the area, in terms of acres, to be disturbed and subsequently reseeded on road cut and utility disturbances. iv. The security shall be held by Garfield County until vegetation has been successfully re-established according to the Reclamation Standards in the County Weed Management Plan. The Board of County Commissioners will designate a member of their staff to evaluate the reclamation prior to the release of the security. C. Soil Plan: i. The Revegetation Guidelines also request that the Applicant provide a Soil Management Plan that includes: a) Provisions for salvaging on-site topsoil. b) A timetable for eliminating topsoil and/or aggregate piles. c) A plan that provides for soil cover if any disturbances or stockpiles will sit exposed for a period of 90 days or more. 13. The proposed subdivision is located in the Garfield County Traffic Study Area 1. The total impact fee payment shall be determined prior to First Final Plat. The fee shall be calculated in accordance to section 4:94 of the Subdivision Regulations. Fifty percent (50%) of the road impact fees shall be collected at the submission of First Final Plat for the Subdivision. All other road impact fees will be collected at the issuance of a building permit. 14. The 20' Buffer, Pedestrian, and Utility Easement, approved as part of the Planned Unit Development, shall be delineated on the applicable Final Plat as such. The maintenance of the easement will be the responsibility of the Valley View Village Homeowners Association, which shall be reflected in the Protective Covenants. In addition, the Protective Covenants will restrict any development, i.e. fences, within this easement. 15. Prior to First Final Plat, the Applicant shall provide revised drawings, to be reviewed and approved by the County Engineer, of the detention facility which will be relocated on the east side of Valley View Circle within the PUD. 111111 11111 1111 1 11111 111111 H 1111111 11111 1111 1111 636574 09/15/2003 04:24P B1518 P828 M ALSDORF 7 of 8 R 0.00 D 0.00 GARFIELD COUNTY CO 16. In addition to other required conditions of approval, the Applicant shall include the following plat notes on the First and applicable Final Plats: A. No building permits shall be issued for Lot 47 until such time this lot has been re -subdivided in accordance with standard subdivision procedures. B. All exterior lighting 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. C. One (1) dog will be allowed for each residential unit and the dog shall be required to be confined within the owner's property boundaries. D. No open hearth solid -fuel fireplaces will be allowed anywhere within an exemption. One (1) new solid -fuel burning stove as defied by C.R.S. 25-7- 401, et. seq., and the regulations promulgated there under, will be allowed in any dwelling unit. All dwelling units will be allowed an unrestricted number of natural gas burning stoves and appliances. E. Colorado is a "Right -to -Farm" State pursuant to C.R.S. 35-3-101, et seq. Landowners, residents and visitors must be prepared to accept the activities, sights, sounds and smells of Garfield County's agricultural operations as a normal and necessary aspect of living in a County with a strong rural character and a healthy ranching sector. All must be prepared to encounter noises, odor, lights, mud, dust, smoke chemicals, machinery on public roads, livestock on public roads, storage and disposal of manure, and the application by spraying or otherwise of chemical fertilizers, soil amendments, herbicides, and pesticides, any one or more of which may naturally occur as a part of a legal and non -negligent agricultural operations. F. All owners of land, whether ranch or residence, have obligations under State law and County regulations with regard to the maintenance of fences and irrigation ditches, controlling weeds, keeping livestock and pets under control, using property in accordance with zoning, and other aspects of using and maintaining property. Residents and landowners are encouraged to learn about these rights and responsibilities and act as good neighbors and citizens of the County. A good introductory source for such information is "A Guide to Rural Living & Small Scale Agriculture" put out by the Colorado State University Extension Office in Garfield County. Dated this 8" day of , A.D. 2003. 11E11 II IIIIIi IIIII IIII 11 1111111,111111111111 636574 09/15/2003 04:24P B1518 P829 M ALSDORF 8 of 8 R 0.00 D 0.00 GARFIELD COUNTY CO 1 t/ ATTE$: .. r r' ' r a , r 0. 9 �r is i f Cle+-of the aoard rti .'- • GARFIELD COUNTY BOARD OF COMMISS 'NE, S, GARFIELD COUNT', Upon motion duly made and seconded the fo following vote: John Martin , Aye , Aye , Aye Larry McCown Tresi Houpt STATE OF COLORADO )ss County of Garfield I, , County Clerk and ex -officio Clerk of the Board of County Commissioners in and for the County and State aforesaid do hereby certify that the annexed and foregoing Resolution is truly copied from the Records of the Proceeding of the Board of County Commissioners for said Garfield County, now in my office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at Glenwood Springs, this day of , A.D. 2003 County Clerk and ex -officio Clerk of the Board of County Commissioners 6(40c)011(„ SER. 20. 2004 3:44PM LEAV~ ORTH & KARP 11111111111111(11111111iiiil'rriiji lull III Alli 11111111 657908 08/16/2004 11:03A 61613 P564 K ALSDORF 1 of 5 R 26.00 D 16.39 GARFIELD COUNTY CO GENERAL WARRANTY DEED • NO. 609 P 2 THIS GENERAL WARRANTY DEED made this 11 th day of August, 2004, between Edward J. Hoaglund and Ida Lee Hoaglund, whose address is 4064 County Road 309, Parachute, CO 81635 (hereinafter "Grantor"), and Darter, LLC, a Colorado limited liability company whose address is 786 Valley Court, Grand Junction, Colorado, 81505 (hereinafter "Grantee"); WITNES SETH: That the Grantor, for and in consideration of Ten Dollars and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirtn unto the Grantee, its heirs and assigns forever, all the real property, together with improvements, if any, situate, lying and being in the County of Garfield and State of Colorado, described as follows: Tract H, Valley View Village Subdivision in Battlement Mesa P.U.D., as shown on the final plat thereof recorded in the Office of the Garfield County Clerk and Recorder on December 16, 2003, as Reception No. 643044 Except all water rights and mineral, oil, gas, hydrocarbons, or any other rights appurtenant to the property and owned by Grantor are reserved by Grantor and are not conveyed by this instrument, provided however that Grantor shall cooperate with any requirements of Garfield County relative to subdivision approvals, and Grantor covenants never to allow exploration which would disturb the surface rights. TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever of the Grantor, either in law or equity, of, in and to the above -bargained premises, with the hereditaments and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described with appurtenances, unto the Grantee, its heirs and assigns forever. The Grantor, for itself, its heirs and personal representatives, does covenant, grant, bargain, and agree to and with the Grantee, its heirs and assigns, that at the time of the ensealing and delivery of these presents, it is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions 1:12.0041CIieas1Groce.123d\C3W Aeed.wDd Augusl9, 2004 Page I of 3 Please return to: Leavenworth & Karp, PC P.O. Drawer 2030 Glenwood Springs, CO 81602 S'EP. 20. 2004 3:44PM LEAD ORTH & KARP 1111111111111111111111IIIiiiiii 11111111111111111 67908 08/16/2004 11103A 81813 P565 M ALSDORF 2 of 9 R 26.00 D 16.39 GARFIELD COUNTY CO of whatever kind or nature whatsoever, subject to exceptions set forth on Exhibit "A" attached hereto and incorporated herein by this reference. The Grantor shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of the Grantee, its heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth above. O. 609 P 3 By By STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) ED ARD J. O66.'E"-*"‘P A Acknowledged, subscribed and sworn to before me this L1 day of �5� 2004, by Edward J. Hoaglund. WITNESS my hand and official seal. My Commission expires: ;6?• •fie row6tssieil.... ares 03/04112006 I;\2D 0 4 C17en1,1QTrp11•123110W Deed.wpd Aug16�9,, tVQ Notary Pu. lic ?ago 2 of 3 Please return to: Leavenworth & Karp, PC P.O. Drawer 2030 Glenwood Spring, CO 81602 S'EP. 20. 2004 3:44PM LEAV•ORTH & KARP NO. 639-'P. 4 111111111111 1111111 111 111111 1111131111111111111111111 657908 08/16/2004 11:03A 61613 P566 11 ALSDORF 3 of 6 R 26.00 0 16.39 GARFIELD COUNTY CO STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) Acknowledged, subscribed and sworn to before me this 1) day of 2004, by Ida Lee Hoaglund. WITNESS my hand and official seal. My Commission expires: oFcdc- r as` 1.1F*iOi..,.k0310C2006 I:1200/CHeptelCitoce•121MOW Deed.npd A0099, 2001 Page 3 of 3 Pleaae return to: Leavenworth & Karp, PC P.O. Drawer 2030 Glenwood Springs, CO 8I602 SEF 20. 2004 3:44PM VENWORTH & KARP sr 609 F.5 111111111111111111111111 1111111111111111111111111111 651908 08/16/2004 11:03A 81613 p567 N ALSDORF 4 of 5 R 26.00 D 16.39 GARFIELD COUNTY CO EDIT A EXCEPTIONS File Number: 04000116 1. Rights or claims of parties in possession, not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, confliCts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof, but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this commitment. 6. Unpatented mining claims; reservations or exceptions in patents, or an act authorizing the issuance thereof; water rights, claims or title to water. 7. Any and all unpaid taxes and assessments and any unredeemed tax sales. 8. The effect of inclusions in any general or specific water conservancy, fire protection, soil conservation or other district or inclusion in any water service or street improvement area. 9. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intereect the premises hereby granted, as reserved in United States Patent recorded January 15, 1918 in Book 71 at Page 612 as Reception No. 60295. 10. Right of way for ditches or canals constructed by the authority of the United States, as reserved in United States Patent recorded January 15, 1918 in Book 71 at Page 612 as Reception No. 60295. 11. Battlement Mesa Water and Sanitation District recorded March 23, 1982 in Book 595 at Page 291 as Reception No. 325891. 12. Notice recorded April 23, 1983 in Book 597 at Page 883 as Reception No. 327009. 13. Resolution No. 82-327 Reception No. 335546. recorded December 29, 1982 in Book 615 at Page 880 as 14. Resolution No. 82-330 recorded Reception No. 335549, December 29, 1982 in Book 615 at Page 886 as 15. Agreement recorded April 7, 1993 in Book 858 at Page 771 as Reception No. 445974, 16. Determination - Approval - Certification recorded November 21, 2002 in Book 1409 at Page 475 as Reception No. 615147. 17. Resolution No. 2003-67 recorded September 15, 2003 in Book 1518 at Page 822 as Reception No. 636574. 18. Matters disclosed on the Plat of Gun Stock Ranch Partnership Exemption recorded December 16, 2003 as Reception No. 643038. 19. Annexation Agreement recorded December 16, 2003 in Book 1546 at Page 946 as Reception No. 643039. 20. Quit Claim Deed recorded December 16, 2003 in Book 1546 at Page 954 as reception No. 643041. ewArl Tule of ala:wupl Sprinp, Lot. Exl iblt 1 - Dml Eseepuutw (YDEEDEXCEPT) Rev. 7190 SEP. 20. 2004 3:45PM •VENVORT & KARP Exhibit 1 - Deed Exceptions Continued File Number: 04000116 1111111Mil 1E1111111,111111111111P11111111FHB 657908 08/16/2004 11:03A 81613 P568 M ALSDORF 5 of 5 R 26.00 D 16.39 GARFIELD COUNTY CO 21. Public Service Company of Colorado Easement recorded December 16, 2003 in Book 1546 at Page 960 as Reception No. 643043. 22. Matters disclosed on the Final Plat of Valley View Village Subdivision in Battlement Mesa P.U.D. recorded December 16, 2003 as Reception No. 643044. 23. Subdivision Improvements Agreement (Valley View Village Subdivision - Phase A) recorded December 16, 2003 in Book 1546 at Page 964 as Reception No. 643045. 24. Master Declaration of Covenants, Conditions and Restrictions for Valley View Village Subdivision in Battlement Mesa PUD recorded December 16, 2003 in Book 1546 at Page 979 as Reception No. 643048. 25. Covenants, Conditions and Restrictions recorded October 15, 1981 in Book 583 at Page 456 as Reception No. 320285; Amendment recorded April 19, 1982 in Book 597 at Page 423 as Reception No. 326824; Amended and Restated Declaration of Covenants, Conditions, Restrictions for Battlement Mesa, recorded August 13, 1991 in Book 811 at Page 9 as Reception Aro. 426419; Amendment recorded August 26, 2003 in Book 1510 at Page 748 as Reception No. 634973; and Amendment recorded March 1, 2004 in Book 1564 at Page 829 as Reception No. 647410. 26. First Amendment to the Amended and Restated Bylaws of Battlement Mesa Service Association recorded August 26, 2003 in Book 1510 at Page 750 as Reception No. 634974. • • 16) CV AIN)13 %1° JAN 4 o`� G �-�`� 5\ TO: Mark Bean Garfield County Planning and Development FROM: Edward J. Hoaglund and Ida Lee Hoaglund Darter, LLC, by Terry Lawrence a Darin Carei RE: Valley View Village, Phase B, Submittal We hereby agree to and authorize the submittal of the plans for Phase B of Valley View Village, located within the Battlement Mesa PUD. Edward J. oaglund Ida Lee Hoaglund May 28, 2004 Darter, LLC by Terry Lawrence or Darin Carei • • A WestWater Engineering 2516 FORESIGHT CIRCLE, #1 GRAND JUNCTION, COLORADO 81505 (970) 241-7076 FAX (970) 241-7097 July 7, 2004 Bruce Smith, District Manager Battlement Mesa Consolidated Metro District GARFIELD COUNTY P.O. Box 6116 3UILDING & PLANNING Battlement Mesa, Colorado 81636 RECE . -0 JUL 0 8 2004 RE: Review Comments on Final Plat Submittal for Valley View Subdivision, Phase B Dear Mr. Smith, The following are our review comments on the Final Plat submittal for the proposed Valley View Subdivision, Phase B. As with Phase A our comments are exclusive to the water and sewer systems that the District will ultimately own and maintain. We have separated our comments between the water distribution system and sewer collection system that are summarized below. Water Distribution System 1. Connection to the District's system in either Gregory Lane or Cliff View Circle may require a "Dresser" type coupling that should be specified in the notes calling for removal of the existing blow -off valves installed as part of Phase A. 2. The main line valve at the fire hydrant along Cliff View Circle can be deleted unless otherwise deemed necessary by High Country Engineering. 3. The 111/4 degree bends can be eliminated and the pipe deflected at the pipe joints. This includes the bends at 333/4 degree bends that are a combination of 22'/2 and 111A degree bends. A note should be provided on the Plans where pipe deflection is necessary. Pipe deflection shall not exceed pipe manufacturers recommendations. 4. The water service to Lot 3 should be relocated so that it provides a straighter alignment from the water main. This will most likely require that water service to be located on the north side of the lot rather than the south side as shown. 5. The existing water lines in Phase A should be labeled and shown with dashed lines and all appurtenances with open blocks (i.e. valves, fire hydrants, etc.) to designate the existing system in Phase A. 6. The term Class 200 should be added to the designation of the water line between fittings. T:�DCI1k i Mcs.LLeicrs\Smiih.Re.('wn.VVPhR.rpd • • Bruce Smith July 7, 2004 Page 2 Sewer Collection System 1. The dead-end sewerline between MH -B 1 to MH -B2 along Cliff View Circle does not connect to an existing District sewerline and should be eliminated from Phase B. If Garfield County requires pavement to be completed for the full length of Lot 31, a sewerline should be extended from MH -13 to the west along Cliff View Circle to serve future Lots 14 and 15 that are proposed to be platted in Phase D. It may be worthwhile for the Petitioner to consider including Lots 14 and 15 in Phase B since all of the infrastructure for both lots could be installed as part of Phase B. 2. A note should be provided for connecting to existing MH -C4 to require that the existing stub -out be removed and the new sewerline extended into the manhole. The existing manhole wall and PSX boot is to be re -grouted to provide a watertight seal and the invert grouted as necessary to provide a smooth invert channel. 3. The sewer service to Lot 3 is shown connecting to the sewer main in the opposite direction of the flow. The sewer service should be reconfigured so that it connects to the sewer main in the same flow direction. This may require relocating the sewer service to just downstream of MH -D2. In addition, for sewer services that are not installed perpendicular to the sewer main, the end of the sewer service line should be referenced to the front lot property corners for the District's future reference. The front lot property corner references should be shown on the Utility Composite and Plan portion of the Plan and Profile Sheet. 4. Manhole stationing on the Plan and Profile Sheets should be consistent to the stationing provided on the Utility Composite. In addition, the length of the sanitary sewerline between existing MH -C4 and MH -C3 should be changed on the Utility Composite from 64 -feet to 69 -feet since the 5 -foot stub -out at existing MH -C4 is to be removed and replaced. 5. The term "PVC" should be included to the terminology specifying the distance, pipe size and material between manholes on both the Utility Composite and Plan portion of the Plan and Profile Sheet rather than just the term SDR -35. 6. Directional flow arrows should be provided on both the Utility Composite and Plan portion of the Plan and Profile Sheet for all sewerline segments between manholes. 7. The elevation grid should be provided on the sewerline profile. 8. Clay cut-off walls should be shown and called -out upstream of all manholes. r:vaumm.m M a I,4.rau,wo.w,r a. • • Bruce Smith July 7, 2004 Page 3 9. The existing sewerline in Phase A should be labeled and shown with dashed lines on both the Utility Composite and Plan portion of the Plan and Profile Sheet to designate the existing system in Phase A. The existing sewerline should also be shown with dashed lines in the Profile between existing MH -A9 to existing MH -C4. 10. Existing manholes should be shown with open circles on the Utility Composite and Plan portion of the Plan and Profile Sheet. Existing manholes A9 and C4 should also be shown with dashed lines on the Profile. It will also be necessary for the Petitioner to execute both the Water and Sewerline Extension Applications and Agreements prior to the Plans being approved for construction. It is our understanding that the Petitioner has deposited the required processing fee for review of the Plans. If you have any questions regarding any of our comments please feel free to call. Respectfully, Stephen T. LaBonde Project Manager STL/alp cc: Jim Hardcastle, Garfield County Planning Department Ron Weidler, High Country Engineering Darin Carie, Grace Homes • • Battlement Mesa PUD 1. 8/6/91 Amended and Restated Declaration of Covenants, Conditions and Restrictions for Battlement Mesa (Book 811, Page 9, Reception No. 426419). 2. 4/19/99 Supplemental Declaration for the Annexation of Properties to the Battlement Mesa Service Association (Book 1126, Page 605, Reception No. 544590). 3. 11/17/00 Amended and Restated Bylaws of Battlement Mesa Service Association. 4. 11/7/01 First Amendment to the Amended and Restated Declaration of Covenants, Conditions and Restrictions for Battlement Mesa. 5. 3/26/02 Supplemental Declaration to the Amended and Restated Declaration of Covenants, Conditions and Restrictions for Battle Mesa Applicable only to Willow Creek Village, Section One; Battlement Creek Village, Section One; Battlement Creek Village, Section One; and Stone Ridge Subdivision Properties. 6. 4/16/02 The Amended & Restated Residential Architectural Standards for Battlement Mesa (Book 1354 Page 279, Reception No. 603244). Battlement Mesa Zoning Resolutions (As Applicable to Valley View Village Subdivision) 7. Resolution 82-121 (recorded B610 P445) - re -adopts complete zone district regulations 8. Resolution 82-327 (B615 P880) - subdivides subject property into Tract A and Tract B - Tract A donated to Garfield County 9. Resolution 82-330 (B615 P886) - subjects Tracts A and B to Battlement Mesa PUD guidelines. - zones property into four districts: Neighborhood/Commercial (NC), Medium Density Residential (MDR), Low Density Residential (LDR), Public Space/Residential (PSR) **Note: There is no "public space/residential." Both Resolutions 80-82 and 82-327 do, however, define a "public, semipublic, and recreation" district, which County staffbelieves to apply. I:\2004\Clients\Grace-1238\Index.wpd 1 June 4, 2004 • • - incorporates the "conceptual land use diagram" as the zone district boundary map - applies five specific conditions as set forth in the resolution relating to pedestrian and bike plans, architectural standards, an agreement for maintenance of open space, construction of a pedestrian bridge, and landscaping issues. 10. Resolution 88-049 (B736, P47) - modifies zoning for the `Battlement Mesa PUD" for the MHR, RDR, LDR, MDR, and CAR districts - As applicable here, LDR and MDR district text amended, at Sections 2.1 and 3.1, respectively, to add the following use by right: Temporary real estate sales offices and model homes used only for the purpose of initial sales by the developer of property located within the [Low] [Medium] Density Residential Zone District. - deletes the second paragraph in Section 10.2 of the Supplemental Regulations referring to "mobile bachelor dwellings" as permitted uses. 11. Resolution 90-014 (B772, P440) - adds a definition of "guest suite" and regulations concerning guest suites in the CAR district (not applicable to Valley View Village) 12. Resolution 96-69 (B995 P539) - amends the front yard setback provisions in the MDR zone by replacing Section 3.7(1)(c) with the following: (c) For zero -lot -line and townhouse, attached single-family dwellings: (1-1) No lot shall front on an arterial or collector street. (2-2) Local streets: 20 feet Front Setback from the front lot line, if there is a front - facing garage; no Front Setback if there is a side -facing garage or at least 20 feet of common open space between curb line and lot line. 13. Resolution 97-108 (B1042, P32) - amends the NC zone district regulations to add the following use by right: Section 6.1. Unmanned carwash facilities (coin operated self-service or automatic touch - free) with four or less wash bays and vacuum stations, which must be sited with limited vehicular access. - deletes the phrase "and without car washing facilities" from this section. I:\2004\Clients\Grace-123 8\Index. wpd June 4, 2004 2 • • 14. Resolution 2002-61 (B1367, P525) - further amends Section 6.1 (uses by right in the NC zone district) to add additional uses and to now read as follows: Section 6.1 Uses, by right: Retail commercial establishments not exceeding 15,000 square feet of building area for each principal use, including grocery, dry goods, hardware, bakery, liquor, dug, florist, books, and similar uses. Personal service establishments not exceeding 5,000 square feet of area for each principal use, including barber, beauty, self-service, laundry, dry cleaning, photo and art studios, travel agency, shoe health spa [sic], private clubs, indoor eating and drinking establishments (which may include liquor), banks, and similar uses. Offices for business and professional uses. Gasoline service stations with two or less service bays, which must be sited with limited vehicular access and service areas reasonably screened from public view, self service storage facilities. Unmanned carwash facilities (coin operated self-service or automatic touch - free) with four or less wash bays and vacuum stations, which must be sited with limited vehicular access VALLEY VIEW VILLAGE SUBDIVISION Master Subdivision 15. 9/8/03 Garfield County Resolution No. 2003-67, a Resolution Concerning with the Approval of a Preliminary Plan for Valley View Village PUD Submitted by Darter LLC, on Behalf of Edward and Ida Lee Hoaglund. [Book 1518, Page 822, Reception No. 636574, 9/15/03] . 16. 12/16/03 Master Declaration of Covenants, Conditions and Restrictions for Valley View Village Subdivision in Battlement Mesa PUD. [Book 1546, Page 979, Reception No. 643048, 12/16/03] 17. 12/16/03 Plat of Valley View Village Subdivision in Battlement Mesa PUD. [Reception No. 643044, 12/16/03] 18. 12/16/03 Subdivision Improvements Agreement (Valley View Village Subdivision - Phase A) [Book 1546, Page 964, Reception No. 643045] I:\2004\Clients\Grace-12 3 8 \Index. wpd June 4, 2004 q 9-'20-2004 3:14PM doom FROM WESTWATER ENGR 970 241 7097 P • • 2515 FORESIGHT CIRCLE, 01 GRAND JUNCTION, COLORADO 81505 (970) 241-7076 FAX (970) 241-7097 September 2, 2004 Jeff Nelson Garfield County 108 8t Street, Suite #201 Glenwood Springs, Colorado 81601 RE: Approval of Valley View Village Subdivision, Phase B - Battlement Mesa Metropolitan District Dear Mr. Nelson, High Country Engineering requested that we inform the County that the Battlement Mesa Metropolitan District has approved the Plans for construction of the Waterline and Sewer Line Extensions in the Valley View Village Subdivision, Phase B. The Plans were approved on August 16, 2004. Construction began on August 31, 2004. The work is being completed by Mountain Valley Contracting as a subcontractor to Mays Concrete Construction_ Both Contractors are from Grand Junction. Please let me know if you have any questions. Respectfully, Stephen T. Law* STL/ap cc: Bruce Smith, Battlement Mesa Metropolitan District Ron Weidler, High Country Engineering • • WestWater Engineering 2516 FORESIGHT CIRCLE, #1 GRAND JUNCTION, COLORADO 81505 (970) 241-7076 FAX (970) 241-7097 August 3, 2004 Bruce Smith, District Manager Battlement Mesa Consolidated Metropolitan District P.O.Box 6116 Battlement Mesa, Colorado 81636 RE: Review Comments on Resubmittal of Final Plan Submittal for Valley View Subdivision Phase B Dear Mr. Smith, The following are our review comments on the Final Plans for the Valley View Village Phase B Subdivision that were resubmitted to our office on July 23, 2004 addressing our comments of July 7, 2004. Water Distribution System 1. The water line alignment along Cliff View Lane should be realigned and the pipe deflected as necessary to eliminate the 333/4 degree bend to be replaced with a 22V2 degree bend. The water line can also be realigned to the east if necessary provided the offset from the curb and gutter is no less than 3 -feet. (See original comment #3.) 2. The future Phase D along Cliff View Circle should be labeled on the Utility Composite. 3. Standard Water Line Note #17 should be modified to clarify that disinfection testing is to be accomplished by either the slug or continuous feed method per AWWA. The tablet method for disinfection is not allowed. Sewer Collection System 1. The sewerline between MH -D5 and MH -F1 along Cliff View Circle should be extended to the west so that Lot 15 can be serviced by the extension. This would ultimately save a manhole with similar pipe footage when future Phase D is constructed. (See original comment #1.) 2. The sewer service to Lots 3 and 4 should be realigned so that there is a minimum 5 -foot offset from the property corner. This will allow future access to the service line without encroaching upon the adjoining lot. RECEIVED AUG 0 4 2004 CAt r-ILLO COUNTY BUILDING & F-IANNINt; T:B.ttkmmt MeuWcu.n V.IkYVic.B.RM'an.FP.rpd • • Bruce Smith August 3, 2004 Page 2 3. The existing sewerline between existing MH -A9 and existing MH -C4 should be shown with dashed lines on the Profile. In addition, existing MH -A9 and existing MH -C4 should also be shown with dashed lines in the Profile. (See original comments #9 and #10.) We believe the Water and Sewerline Extension Applications and Agreements have been submitted to the District for approval. Upon addressing the aforementioned comments, the Plans can be approved for construction and the necessary pre -construction conference scheduled with the Petitioner's selected Contractor. Respectfully, Stephen T. LaBonde, P.E. STL/ap cc: Jim Hardcastle, Garfield County Planning Department Ron Weidler, High Country Engineering Darin Carei, Grace Homes 1\Wwewrve.,,Iknk rnl Me..\I 1I SVeIkyV, I3. knrorn.11' Wd • • INTEROFFICE MEMORANDUM To: Jim Hardcastle, Building and Planning Department From: Scott Aibner — Garfield County Surveyor Subject: Valley View Village Subdivision at Battlement Mesa - Review Date: 9/1 0/04 Dear Jim, Upon review of the Valley View Village Subdivision in Battlement Mesa PUD, I have prepared a list of comments or corrections to be made prior to approval for survey content and form as follows: 1. The boundary does not close on its self by 2.04 feet. 2. Gregory Lane, Cliff View Lane and Cliff View Circle centerlines do not close on the subdivision boundary. 3. Distances shown on boundary lines must be accompanied by the bearing of that line either in the line chart or adjacent to the line. (see 29.97 north of Gregory Lane and 23.43, 19.53 South of Gregory Lane also 22.39 at the East end of Cliff View Circle.) 4. Typical Distances for the open space buffer easement and the building envelope need to be added to lots 4-13 along the south side of Cliff View Circle. As Garfield County Surveyor cc Frank Harrington- High Country Engineering, Inc. • • MEMORANDUM To: Jim Hardcastle From: Steve Anthony Re: Comments on Valley View Village Phase B Revegetation Security Date: September 22, 2004 The applicant has stated that the total surface area disturbed in this phase will be six/tenths of an acre. Based on a reclamation rate of $2000 per acre I recommend a security of $1200 to be held until vegetation is successfully reestablished. MEMORANDUM To: Tamara Pregl From: Steve Anthony Re: Comments on Valley View Village Date: October 7, 2003 The applicant has addressed all prior weed management and revegetation concerns. The applicant has stated that 1.09 acres will be disturbed for utility placement. Staff recommendation: Staff e ends a revegetation securic in the amount of $( 2 200. i This is based on a figure of ti $2000 per acre for revegetaon _ The security shall be held by Garfield County until vegetation has been successfully reestablished according to the Reclamation Standards in the Garfield County Weed Management Plan This may be in the form of a letter of credit, if deemed appropriate by the County Attorney's Office, or the funds may be deposited with the County Treasurer. /Ye' - 4 / 1- /22/2004 WED 15:57 FAX 9705230103 • qtace, 4illlllllll4 � ,Ili; acmes REAL ESTATE & CONSTRUCTION • IZ001/001 • Quality • Value • Integrity September 22, 2004 Garfield County Building & Planning Department 108 8th St. Suite 201 Glenwood Springs, CO. 81601 Dear Sir; This letter is written to confirm that David McConaughy, attorney of Levenworth & Karpp is the registered agent for Grace Homes Construction, Inc. and our sister development company Darter, LLC for both the building plat submittal for 0017-0019 Angelica Circle, and for the submittal of final plat for Phase B at Valley View Village Subdivision. If you have any questions or need additional information regarding this notification, please contact me. Sincerely, -1 777 Terry Lawrence, President 786 Valley Court • Grand Junction, Colorado 81505 Office (970) 523-5555 • Fax (970) 523-0103 FEJ ig.F 6 n Q g. g a 0 g 'g 5' �—^ a ar A g • O • 9 • a 7 • n 1111111111111111111111111111111111111111111111111111111 662273 10/22/2004 03 06P B1633 P642 M ALSDORF 9 of 12 R 61.00 D 0.00 GARFIELD COUNTY CO EXHIBIT 1 A --price includes trenching and fittin s---• __ 8" SDR 35 Sewerline • I 12691L.F. i $27.001 $34,263.00 • 4' Dia. Manhole —�_�—��-- --1 - t- 9;Each � $2,200.001 $19,800.00 Connect to Existing Sewer Stub �I!Each 1 $ •001 p0000 4" Sewer Service w 30 Each $500.001 $15,000.00 8" Sewer Stub with Cad _ 1!Each $500.00! _$500.00 SUB TOTAL ". $69,863.00 ,x � - ^yrs - •r A :4 •,.:: : � ; *4. g -isa?� ir" -+1 4' Shallow Utility Trench 1776 L.F. $4.001 $7,104.00 4" electric conduit installation (conduit furnished by utility) 1 1776 L.F. 1 $1.00! $1,776.0C 4" Telt hone Conduit (conduit furnished by contractor) 1 1776 L.F. $2.001 $3,552.0( TransformerVualtExcavation �— 51Each $250.001$1,250.0( 4" Conduit Sleeving @ Roadway Intersections_ 1 412.L.F. � $4.011----$1764-876C 6"Conduit Sleeving @ Roadwa�Intersections . Y�412.L.F. 1 $4.001 $1,648.0( Bonding_M—� _ 1L. S._ $8,570.001 $8,570.0( Street Light Pole (CIP)5 Each $1,500.00, $7,500.0( Survey -- 1 L.S. • 7-$2Q000.00j $20,000.0( s, � j 9Y &.tY 4 a!� SUB TOTAL $81,620.00 8" Water Main Stub and Blowoff Valve. 2 Each $1,0000.00! $2,000.00 Connect to Existing Water Stub 1 2 Each $2,250.00! $4,500.00 --price inc. trenching & fittings service materialprovided by owner-- ! 8" C900 Waterline ! 1505 L.F. $24.00~ $36,120.00 8" Gate Valve 7 Each $900.00 $6,300.00 3/4" Water Service w/ Sin 1 a Meter Pit _—��— 28 Each $900.00: $25,200.00 Fire Hydrant Assembly i 3 Each$2,500.00. $7,500.00 • SUB TOTAL $211,165.00' Mobilizationi 1 L.S. 1 $21,500.00: $21,500.00 Earthwork _ ___ ••_••— i 1 L.S. $35,000.001 $35,000.00 Topsoil Stripp and Stockpile _ 1 L.S. i $5,000.00" $5,000.00 Drill seed and Hydromulch 11L.S. $1,200.00 $1,200.00 Erosion and Sediment Control — -4 11L.S. $2,500.00: $2,500.00 NPDES Permitting1 L.S. $1,500.00 $1,500.00 Traffic Control 1 L.S. $2,500.00 $2,500.00 3" Asphalt ._.__ __. _�-- 4877 S.Y. $9.00$43,893.00 Asphalt, 9" Class 6 ABC under cross�an&gutt s, curb er and walks 1789 C.Y. — $22.001 _ $399358.00 T-6" Mountable Curb & Gutter & 4' Sidewalk 2759 L.F. $20.00 _$55__,80.00 2'-6" Mountable Curb & Gutter 57 L.F. $12.00 $684.00 .- Handicap Ramer 51 Each $250.00 $1,250.00 Class.I Ground Sign (Street,Stop,Speed, Yield) 8 Each $200.001 $1,600.00 R i rv. I 3's �'Zb 4 IITEM - 1 QUANTITY 1 UNIT COST 1 COST March 22, 2004 HCE JOB NO: 2021056.001 k: \gprodatalfile\202\ 1056\costest. xls � c wS y`qa� K ,has T. fi . A ' kyr i t f I F Y M } e S �i urs EXHIBIT 1 A ' .xx . `ay,:.rt mb•i .:. '}lr 4 A '4 2 �P Llf x3'm3 tip T,3+ +.�.! # 6+.� A ' AA Vks6 0 .., ,. i . . .... 41t._. u a„ .:_ .V.6. . ....e.3a,w s. .. de' a. _ k :h .., r• i.9�J.af. *a= •cam-.. ,,: �.',.:... s . :. .. .vs - September 17, 2004 HCE JOB NO: 2021056.00 data \file \202\ 1056\Ieinwaver1056-b.xls ITEM CONTRACT PERCENT UNIT COST COST QUANTITY COMPLETE a.r��x.Y�`.>R a,v.K.r • xc.. �:... �' �k"xa. � . d �' "����.� "�"fFi �hYe '�; •1v am« �n+k4n�yi.�a`..+�, '� z E, � ;2,::::4:';,0'00' �nt; Mobilization 11L.S. 25 .00 $7,000.00 Earthwork 1 L.S. 901 $86,000.00 $77,400.00 Topsoil Stripping and Stockpile 1 L.S. 100T $12,000.001 $12,000.00 Drill seed and Hydromulch 1 L.S. 0 $10,000.001 $0.00 Erosion and Sediment Control / NPDES Permitting 1 L.S. 50 $5,430.00 $2,715.00 Traffic Control 1 L.S. 01 $1,968.00 $0.00 3" Asphalt 4956 S.Y. 0i $44,604.00 $0.00 9" Class 6 ABC under Asphalt, cross curb & gutter and walks 1750 C Y. i 01 $54,250.001 $0.00 pans, 2'-6" Mountable Curb & Gutter & 4' Sidewalk 2817jL.F. 1 0 $780.001 $0.00 2'-6" Mountable Curb & Gutter 1 651L.F. 01 $455,072.00 $0.00 Handic.awp Ramp in -Each 01$3,250.00 $0.00 Class I Ground Sign (Street,Stop, Speed, Yield)8 Each 01 $1,968.00 $0.00 _ SUB TOTAL 1 $99,115.00 ..„ 'mss. si c.1�*y... r _-i. r ,rev .. 4 h .�2�,^. s� �t', ,�."t+., .�. 1���.,�, ., kC'` yn . �a 4a ;_''" a�'"L, ^'fi, t- ih2�''i3, f��"t^....,tS.3' '�'�aa.. �?4!y+,�«KTf��u.,x�°,+�:��{uni �.`�3���.:�.��•�.��"��.�,x"�ts.�-�.. �s"+'4°=V"ti�"�k+'�.� rice inc. trenching & fittings; service materials provided by owner- , __.� 8" C900 Waterline 1531 L.F. $23.001 $0.00 8" Gate Valve --.....F....i......0 Each 01 $850.00; $0.00 3/4" Water Service w/ Single Meter Pit 1 30 Each 0 $1,000.001 $0.00 Fire Hydrant Assembly 1 3 Each 0 $2,800.001 $0.00 8" Water Main Stub and Blowoff Valve 2 Each 1 0 $960.001 $0.00 Connect to Existing Water Stub 21Each 01 $385.0_0 1 $0.00 1 i . 1SUB TOTAL 1 $0.00 . Ma IM --- price includes trenching and fittings -- --price 8" SDR 35 Sewerline ' 1264 L.F. 0 $27.00 $0.00 4' Dia. Manhole 8 Each 0 $1,750.00 $0.00 Connect to Existing Sewer Stub 1 T Each 0 $550.00 $0.00 4" Sewer Service 29 Each 0 $512.00 $0.00 E SUB TOTAL 1 $0.00 Fn . nshe�i"h i.ti+v104X *.L N, 3 �.. t. ., lF a.:I i. 'F..; s •".'i; ,a,7e u�. _ lr4€. $`�T. �:'@i+Z'. i>. _1 as 4' Shallow Utility Trench__ 1779 L.F. 0 $8.00 $0.00_ 4" electric conduit installation (conduit furnished by utility) 1779 L.F. 1 01 $1.00; $0.00 4" Telephone Conduit (conduit furnished by contractor) 1779 L.F. 01 $3.00 $0.00 Transformer Vault Excavation 5 EachL 0 $170.00 $0.00 4" Conduit Sleeving Q Roadway Intersections 412 L.F. 01 $10.00 $0.00 6" Conduit Sleeving Q Roadway Intersections 412 L.F. ! 01 $12.00 $0.00_ Street Light Pole (CIP) 5 EachJ 01 $685.00 $0.00 Half Day Utility Inspections 1 L.S. 01 $5,760.00 $0.00 Geotechnical Testing 1 L.S. 20' $11,000.00 $2,200.00 Survey 1 L.S. 20. $14,090.001 $2,818.00 __. -y-µ SUB TOTAL $5,018.00 y .�y3 xa�v ,4 +-3. Ap�R%,�, .}�. .1:• e H • . ".' t• p 'nx1',7'3 mom. o;k ki B( 9. f....^�'.Tfi' ' '?�'f �� __.�r�fi isk� � -s$ a.w a"v..w'� % ,- 1s 4. Move Topsoil Pile Left by Tammerel 0 1 8/ ', 1IL.S. `• 1001 $8,190.00 $8,190.00 o. O: , ` • Q► I SUB TOTAL 1 $8,190.00 a ' -� w a: j i �� t 5 k. . 51 y: "<ta, 1.._ 3 4,3 f. rp P' i AMOUNT TO DATE! $112,323.00 • ROAD IMPACT FEE CALCULATION WORK SHEET Project/Applicant Road District Land Use Date Prepared VVV Phase B Single Family Dwelling 28 9/21/2004 Base Road Cost $70,000 Road Capacity in ADT 16,200 Road Cost per ADT $ 4.32 ADT per Land Use 9.57 Base Road Impact Fees per Land Use $ 41.35 TAX CREDITS 80% of Annual R & B Property Tax per Land Use $ 0.06 County Discount Rate 2% Road Design Life (Years) 13 Present Worth Factor 11.43 Property Tax Credit $ 0.70 UNADJUSTED ROAD IMPACT FEE S 4046 [Base Road Impact Fee - Property Tax Credit] INFLATION ADJUSTMENT Denver -Boulder CPI Year of Cost Estimate 158.5 Denver -Boulder CPI Year of Impact Fee Calc. 184.4 Inflation Factor 1.1634 [CPI for Collection Year/CPI of Year of Cost Estimate] PRE -CONSTRUCTION INFLATION $ 47.30 ADJUSTED ROAD IMPACT FEE PCIARIF * # of Lots $ 1,324.41 Due at Final Plat, same due at 131' $ 662.20 POST -CONSTRUCTION COST ADJUSTMENT County Discount Rate Term (Years since Construction Compound Interest Multiplier POST -CONSTRUCTION ADJUSTED ROAD IMPACT FEE #N/A 2% 0 1.0000 Prepared by the Garfield County Planning Department • • VVV - Phase B Garfield County Building & Planning Draw Certificate # Original LOC Available LOC amount in SIA $478,050.40 Reduction Cert. # 1 (11/04/04) $112,323.00 Available LOC amount $365,727.40 Reduction Cert. # 2 (5/02/05) $276,022.80 Available LOC amount $89,704.60 Remaining Total Balance LOC A&B $89,704.60 Total Reduction Amounts $388,345.80 • • ACKNOWLEDGMENT OF PARTIAL SATISFACTION SUBDIVISION IMPROVEMENTS AGREEMENT KNOW ALL MEN BY THESE PRESENT that: WHEREAS, Edward and Ida Lee Hoaglund (hereinafter "Owner") and Darter, LLC (hereinafter "Developer"), entered into a Subdivision Improvements Agreement (SIA) with the Board of County Commissioners of Garfield County, Colorado (hereinafter "Board"), recorded in Book 1633 at Page 642 as Reception No. 662273 of the Garfield County records on October 22, 2004, for the improvements of Phase B of Valley View Village Subdivision; and WHEREAS, an irrevocable Letter of Credit was delivered to the County in the amount of $478,050.40 in order to secure the subdivision improvements to be constructed by the Developer as required in the SIA for Phase B; and WHEREAS, on November 11, 2004, the Board approved the first partial release of the Letter of Credit resulting in a balance of $365,727.40 which was recorded in Book 1633 at Page 644 and having a reception no. of 662273; and WHEREAS, the obligations of the Owner and Developer have been partially satisfied, as verified in the attached statement from Ron Weidler, P. E., High Country Engineering dated April 15, 2005, and that work has been completed consistent with improvements described in the Subdivision Improvements Agreement. NOW THEREFORE, at the request of the Owner and Developer and in consideration of the premises and prior agreements, the Board hereby acknowledges the Partial Satisfaction of the Subdivision Improvements Agreement entered into by Owner, Developer and the Board for the second partial release of security in the amount of $276,022.40 for work completed consistent with improvements described in the Subdivision Improvements Agreement leaving a balance of $89,704.60 in the Letter of Credit. STATE OF COLORADO ) )ss COUNTY OF GARFIELD ) By: Chairman The foregoing instrument was acknowledged before me this day of , 2005, 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 CIVIL ENGINEERING April 15, 2005 An Employee -Owned Company Garfield County Building and Planning Department 108 8th Street, Suite 201 Glenwood Springs, CO 81601 Attn: Fred Jarman RE: • LAND SURVEYING RE C'E JVED APR 1 8 2005 GARFIELD COUNTY BUILDING & PLANNING Valley View Village — Phase B - Partial Release #2 HCE Project No. 2021056.03 Gentlemen: I am writing this request for partial release #2 in the amount of $276,022.80 on behalf of Darter, L.L.C., developer of Valley View Village. Please fmd the attached cost estimate of improvements for this partial release number two (2). Listed below please find the tabulation of the balance of the letter of credit for the Subdivision Improvements Agreement: SIA Amount Improvements to Date SIA Balance $478,050.40 $388,345.80 $ 89,704.60 HCE certifies that all materials supplied and work performed is in accordance with the plans and specifications for those items inspected by HCE during periodic construction observations. All costs for which the release is being requested have been incurred in connection with the construction of the Improvements. No funds are being requested for work not completed, or for materials not installed or stored on site. Please consider this letter certification by the Project Engineer, High Country Engineering, Inc. (HCE), that all of the foregoing requirements have been met. This statement of completion shall in no way relieve any other party from meeting requirements imposed by contract or other means. Sincerely, Ron Weidler, P.E. Construction Manager cc: Terry Lawrence, Darter, LLC Bob Fuller, Darter, LLC 1517 Blake Avenue, Suite 101 Glenwood Springs, CO 81601 970.945.8676 phone 970.945.2555 fax www.hceng.com 14 Inverness Drive East, Suite F-120 Englewood, CO 80112 303.925.0544 phone 303.925.0547 fax galley View Village Subdivision -Phase 'BB CONTRACT QUANTITIES February 10, 2005 HCE JOB NO: 2021056.00 April 7, 2005 k:\gprodata\file\202\ 1056\leinwaver1056-b.xls ITEM CONTRACTuart Q lily Quantity Quantity UNIT COST Amount Amount QUANTITY To Date Previous Current Current To Date Grading and Earthwork Mobilization Earthwork .._.-....__..._._........................................-._....._......._..._........__........_........_......_.........._.._......._....... .._.._....._.._..__.__..._...__............._.........._...._..__.__..___._..___.._.....................__..___..__..---..._.. Topsoil Stripping and Stoc kPde Drill seed and Hydromulch Erosion and Sediment Control NPDESPermitting Traffic Control ._._.--!.:--._...-1 3" Asphalt 9" Class 6 ABC under Asphalt, cross pans, curb & gutter and walks 2'-6" Mountable Curb & Gutter & 4Sidewalk 2-6" Mountable Curb & Gutter Handicap Ramp Class I Ground Sign (Street,Stop, Speed, Yield) 1L.S. 1 W1 I 1 1'L.S. 4877 1789 2759 57 5 8 0.5 L.S.._........ ...-.. .........._.... 0.9`.._.........................._...0.91 L.S. I l L.S. 0 L.S. 1 1 L.S._--....1._....._......._...._._......-__1-....___.__0r_ S.Y. j 0 .............. C.Y. 1750 L.F. 2759 L.F. 0 Each 1 5 Each 1 0 0.25! 0.25 .....__....._....._....._...0 1 0 01 0 0.5 0.5 _ 0.51 0.5 �...... 01 0 01, 1750 9.1__ 2759 01 0 00-J 5 01 0 i-- $21,500.001 $5,375.00! ................$35,000.001 _........._......._........_$0.001 _$_5__,0-_0-.0_.00 ....--$-_0__.0.._0._ $1,200.00 $0.00 $2,500.001 $1,250.00 $1,500.00 $750.00 $2,500.001-_.__..._ $0_001 $9.001 $0.001*$0.00 522.00 $38,500.001 $20.001 $55,180.00' $12.001 $0.00 $250.001 $1,250.00 $200.001 $0.00 SUB TOTAL 1 $102,305.00! $10,750.00 ._...................$31 500.00 $5,000.00 $0.00 $2,500.00 $1,500.00 $0.00 $38,500.00 $55,180.00 $0.00 $1,250.00 $0.00 $146,180.00 Domestic Water Price inc trenching &fittings; service materials provided by owner:'_ _ 8" C900 Waterline 8" Gate Valve 3/4" Water Service w/ Single Meter Pit Fire Hydrant Assembly 8" Water Main Stub and Blowoff Valve Connect to Existing Water Stub ___....._____._._.__._...._..._-___._..._....__. ._..__._.__.._........._...._.........__.._..._.....__ 15051L.F. 7 Each 281Each 3 Each 21Each 2 Each -..._._4. ............._.._..__..'• ............_...._......_........_...... 1 1489.51 01 1489.5 ! 71 0i 7 1 281 01 28 31 01 3 1 2t 0 2 21 0 2 ! $24.001 $35,748.001 $900.001 $6,300.00 $900.00 $25,200.00 $2,500001 $7,500.00 $1,000.00 $2,000.00 $2,250.001 $4,500.00 1_._.__ $35,748.00 56,300.00 $25,200.00 $7,500.00 $2,000.00 $4,500.00 .._- SUB TOTAL 1 $81,248.00 $81,248.00 Sewer ---price includes trenching and fittings--- 8" SDR 35 Sewerline 1269 L.F. 4' Dia. Manhole 1 9 Each Connect to Existing Sewer Stub I Each 4" Sewer Service t 30JEach .._..._._._._._...___._..___...._-__..___._..._....._.___._....__...._._._.._.___..___..._._.....-.._..._..... ...._.......-.__....._.._......._._.. 8" Sewer Stub w/cap liEach 1 ........................._......._...................... 12641 01 81 0 ' 1 i _ 0 291 _ - 01 ........................._._._..._....0.....___....-_..-......._.._..4........._..._.__....._...__..._ 1 Oj - ......._ .. -..._.__...1 12641 81 1 291 Oi .--,- $27.001 $34,128.00 $2,200.001 $17,600.00 $300.001 $300.00 $500.001 $14,500.00 ......._.._...._-....__..___-«-_.._...._....._-..-.____...____.__.._______, 500.001 $0.00 L_............ SUB TOTAL 1 566,528.00 $34,128.00 $17,600.00 $300.00 $14,500.00 $0.00 $66,528.00 Miscellaneous 4' Shallow Utility Trench 17761L.F. 4" electric conduit installation (conduit furnished by utility) 17761L.F. 4" Telephone Conduit conduit furnished b contractor 17761-L.F. P l Y ) 1776! 01 _ 17761 01 , _.._.._..._.__..._ 16941 0 17761 $4.00! 1776 $1.00 J._.._...._........_._....._____........_.._......_......._.....__..- 1694 $2.00 $7,104.00 $1,776.00 $3,388.00 $7,104.00 $1,776.00 $3,388.00 t Transformer Vault Excavation 5'Each 4" Conduit Sleeving 9 Roadway Intersections f 412 L.F. 1 6" Conduit Sleeving Roadway Intersections 1 4121L.F. 1 51 -- 0 4121 01 01 0 5 412 0 $250.00 $4.00 $4.00 $1,250.00 $1,648.00 $0.00 $11250.00 $1,648.00 $0.00 Bonding_._._..1_._.._._..11L_S_._. Street Light Pole (CIP) 5 Survey --1- 1 1i_-.--.-..--.--.._...-.__11.....-..__ .............._ 01 ..---.._._.___.l Each 1 Oi 01 0 L.S. 1___ i1._.__....__..__... 0.2 - 0.8.1 , ._...._ $8,570:00 $1,500.00 $20,000.001-_ $8,570.00 $0.00_ $16_000.00* $8,570.00 $0.00 $20,000.00 SUB TOTAL $39,736.00 $43,736.00 SUBTOTAL $289,817.00 8337,692.00 --_.---- __- ..................___.__._.-10% Contingency $28,981.70 $33_769.20_ -.__-__. ...._._..- .4_.. _L. _ __. __...._.._..__.._..._.__..__._.__._.__.....-..--.--._.._.........._..._....--..----.- 1 5% Construction Testing _..._._._.$14,490.85 $16,884.60 1 1 i f....__.......__.._. (TOTAL $333,289.55 - -5388,345.80 X07/ 441V) //), ACKNOWLEDGMENT OF PARTIAL SATISFACTION SUBDIVISION IMPROVEMENTS AGREEMENT KNOW ALL MEN BY THESE PRESENT that: WHEREAS, Edward and Ida Lee Hoaglund (hereinafter "Owner") and Darter, LLC (hereinafter "Developer"), entered into a Subdivision Improvements Agreement (SIA) with the Board of County Commissioners of Garfield County, Colorado (hereinafter "Board"), recorded in Book 1633 at Page 642 as Reception No. 662273 of the Garfield County records on October 22, 2004, for the improvements of Phase B of Valley View Village Subdivision; and WHEREAS, an Irrevocable Letter of Credit was delivered to the County in the amount of $478,050.40 in order to secure the subdivision improvements to be constructed by the Developer as required in the SIA for Phase B; and WHEREAS, on November 11, 2004, the Board approved the first partial release of the Letter of Credit resulting in a balance of $365,727.40 and on May 2, 2005, the Board approved a second partial release of security in the amount of $276,022.40 for work leaving a balance of $89,704.60 in the Letter of Credit; and WHEREAS, the obligations of the Owner and Developer have been partially satisfied, as verified in the attached statement from Ron Weidler, P. E., High Country Engineering dated July 15, 2005, and that work has been completed consistent with improvements described in the Subdivision Improvements Agreement; and NOW THEREFORE, at the request of the Owner and Developer and in consideration of the premises and prior agreements, the Board hereby acknowledges the Partial Satisfaction of the Subdivision Improvements Agreement entered into by Owner, Developer and the Board for the third partial release of security in the amount of $88,324.60 for work completed consistent with improvements described in the Subdivision Improvements Agreement leaving a balance of $1,380.00 in the Letter of Credit. STATE OF COLORADO ) )ss COUNTY OF GARFIELD ) By: Chairman The foregoing instrument was acknowledged before me this day of , 2005, 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