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Home My WebLink About2.0 Request for Financial Release ApplicationASPEN OFFICE 601 East Hyman Avenue Aspen, Colorado 81611 Telephone (970) 925-1936 Facsimile (970) 925-3008 GLENWOOD SPRINGS OFFICE The Denver Centre 420 Seventh Street, Suite 100 Glenwood Springs, Colorado 81601 Telephone (970) 947-1936 Facsimile (970) 947-1937 GARFIELD & HECHT, P.C. ATTORNEYS AT LAW (Via) Hand Delivery Mr. Fred Jarman, Planning Director Garfield County Planning Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 Since 1975 www.garfieldhecht.com March 31, 2010 Re: Darter, LLC Valley View Commons Revegetation AVON OFFICE 0070 Benchmark Road Post Office Box 5450 Avon, Colorado 81620 Telephone (970) 949-0707 Facsimile (970) 949-1810 BASALT OFFICE River View Plaza 100 Elk Run Drive, Suite 220 Basalt, Colorado 81621 Telephone (970) 927-1936 Facsimile (970) 927-1939 David D. Smith Glenwood Springs Office dsmitht@garfieldhecht.com Dear Fred: Enclosed please find the following original documents related to the above -referenced matter: Deposit check in the amount of $17,250.00 W-9 Treasurer's Deposit Agreement, executed by Darter, LLC Once the TDA has been signed by all parties, I would appreciate receiving a copy for my file. Please feel free to contact me with any questions. Si erely, GARF 'ELD & HE , , P.C. _,/ David D. ith DDS/kam Enclosures 535,816-1 ®Printed on recycled paper 2010 GARFIELD COUNTY TREASURER'S DEPOSIT AGREEMENT Owner: Darter, LLC VALLEY VIEW COMMONS REVEGETATION THIS 2010 GARFIELD COUNTY TREASURER'S DEPOSIT AGREEMENT - VALLEY VIEW COMMONS REVEGETATION ("Deposit Agreement") is entered into by and between the Garfield County Board of County Commissioners ("BOCC" or "beneficiary"), the Garfield County Treasurer, Georgia Chamberlain ("Treasurer"), and DARTER, LLC. ("Owner"). Recitals 1. The County approved the Owner's Application for a grading permit ("Permit") which is incorporated by this reference. 2. The Permit requires provision of Security for Revegetation, and Owner wishes to deposit good funds for such security. 3. The BOCC is willing to allow Owner's use of a Garfield County Treasurer's Deposit Agreement as such financial assurance. 4. The Treasurer is willing and able to hold such funds in accordance with the Treasurer's statutory duties outlined in Sections 30-10-701, et seq. and 30-1-102, C.R.S., as amended. Agreement NOW THEREFORE, in consideration of the foregoing Recitals, the parties agree as follows: 1. Valley View Commons Revegetation Treasurer's Account. Owner shall deposit with the Treasurer the sum of seventeen thousand two hundred and fifty dollars ($17,250) to secure revegetation as required in the Resolution. In consideration of the service fee payable to the Treasurer, identified in Paragraph 2, below, the Treasurer shall place the funds in an interest bearing account and disburse funds therefrom in accordance with the terms of this Deposit Agreement. Such account shall be known as the "Valley View Commons Revegetation Treasurer's Account" and shall be subject to the terms and conditions of this Deposit Agreement. 2. Treasurer's Service Fee. The Treasurer's service fee shall be, in accordance with Section 30-1-102(1)(c), C.R.S., as amended, one percent (1.0%) of the deposited funds, i.e., one 531323-1. 1 hundred seventy two dollar and fifty cents ($172.50). The service fee covers administrative costs incurred by the Treasurer in distributing and accounting for the Valley View Commons Revegetation Treasurer's Account. Such fee shall be paid by Owner in cash or by check made payable to the Garfield County Treasurer, as noted in the "Receipt" section of this Deposit Agreement (page 6), on or before the date of execution of this Deposit Agreement. The service fee is deemed to be earned by the Treasurer upon execution of this Deposit Agreement. Interest earned on the Valley View Commons Revegetation Treasurer's Account shall be paid to Owner as part of the single disbursement detailed in Paragraph 3., below. The Treasurer shall thereafter provide to Owner a report of interest earned, as required by state and federal tax law. Owner shall provide a completed Form W-9 to the Treasurer at the time the deposit is made. 3. Disbursement Procedure. Disbursement from the Valley View Commons Revegetation Treasurer's Account shall be made by the Treasurer upon the written direction of the BOCC, as follows: A. Request for Review and Approval. Upon complying with the revegetation requirements, Owner shall obtain written approval by the Garfield County Vegetation Management Department of the required revegetation work; or B. Substitution Security. Upon the posting of substitute security in a form acceptable to the BOCC. C. Deficiencies. If the Garfield County Vegetation Management Department refuses approval of the success of revegetation, the Garfield County Vegetation Management Department shall provide written notice of deficiency in substantial compliance with the provisions of the Permit, and Owner shall correct the identified deficiencies. D. Single Request for Disbursement. This Deposit Agreement does not provide for successive partial releases or disbursements from the Valley View Commons Revegetation Treasurer's Account. One (1) final disbursement shall be requested by Owner, upon completion of Revegetation or delivery of substitute security. E. Request for Disbursement/Release. Owner shall request disbursement by means of a written "Request for Disbursement," addressed to the BOCC and delivered to the Garfield County Building and Planning Department. The Request for Disbursement shall be made only upon satisfaction with the requirements of subsections (A) or (B) above. 531323-1 _ 2 F. BOCC's Acknowledgment. and Direction. Upon review of the submittals required by subparagraph E., above, if the BOCC approves the disbursement it shall issue its `Acknowledgment of Satisfaction and Direction to Treasurer", in a form substantially similar to that document attached to and incorporated herein by reference as `Exhibit A". G. BOCC's Completion of Revegetation. If Owner's revegetation success is deemed unsatisfactory, in the sole discretion of the BOCC, within the period of time defined in Paragraph 4, below, or if the BOCC determines that Owner will not or cannot complete the revegetation, the BOCC may withdraw and employ from the Valley View Commons Revegetation Treasurer's Account such funds as may be necessary to carry out the revegetation. If funds are inadequate, responsibilityto complete remaining Revegetation shall be that of the Owner, not the BOCC. If the BOCC elects to complete the Owner's revegetation work, expenditure on the effort shall be no more than the principal amount of the Valley View Commons Revegetation Treasurer's Account, plus interest, if interest is due Owner. If the cost of the revegetation to the BOCC is less than the amount available, the BOCC shall return the overage to Owner within a reasonable period of time following completion by the BOCC. 4. Term. The term of this Deposit Agreement shall begin on the date of execution, as defined below, and run for a period of one year. If Owner has failed to complete the Revegetation within this term, all funds held under this Agreement shall continue to be maintained by the Treasurer until needed for completion of revegetation by the BOCC under paragraph 3G. 5. Waiver, Consent and Indemnity. Owner consents to the disbursement procedure and other actions authorized and provided for by the terms of this Deposit Agreement. Owner waives any claim against the BOCC, the Treasurer, their officers, employees, agents and contractors, on account of each of their good faith performance of their obligations under this Deposit Agreement. Owner shall defend, indemnify and hold harmless the BOCC, the Treasurer, their officers, employees, agents and contractors, from and against any claim made on account of this Deposit Agreement. 6. Indemnification of Treasurer. Owner and the BOCC each shall mutually defend, indemnify and hold the Treasurer harmless from any claim made. Owner and the BOCC each waive any claim against the Treasurer involving this Deposit Agreement, unless such claim is premised upon the wanton and willful misconduct of the Treasurer. 531323-1 3 7. Binding Effect. This Deposit Agreement shall be binding on the successors and assigns of all parties and shall terminate upon final disbursement of funds held by the Treasurer in the Valley View Commons Revegetation Treasurer's Account.. 8. Immunity. Nothing contained in this Deposit Agreement constitutes a waiver of governmental immunity applicable to the BOCC under Colorado law. 9. No Agency. The making and execution of this Deposit Agreement shall not be deemed to create a partnership, joint venture, or agency or fiduciary relationship among the parties. 10. Integration. This Deposit Agreement constitutes the entire agreement among the parties pertaining to the method of deposit and disbursement of the Valley View Commons Revegetation Treasurer's Account. No supplement, modification or amendment of this Deposit Agreement, other than changes as to notice information, shall be binding unless executed in writing in a document of equal formality as this Deposit Agreement. 11. Notices. Any notice required or permitted by this Deposit Agreement shall be given in writing and shall be effective upon the date of delivery, or attempted delivery if delivery is refused. Delivery shall be made in person, or by certified return receipt requested U.S. Mail or receipted delivery service to: BOCC c/o Building & Planning Dept attn: Fred Jarman, Director 108 8th Street, 4th Floor Glenwood Springs, CO 81601 Phone: (970) 945-8212 Garfield County Treasurer Georgia Chamberlain 109 8th Street, Suite 204 Glenwood Springs, CO 81601 Phone: (970) 945-6382 Owner Darter, LLC c/o Terry Lawrence 786 Valley Court Grand Junction, CO 81505 Phone: (970) 523-5555 531323-1 4 With Copy To: David D. Smith Garfield & Hecht, P.C. 420 Seventh Street, Suite 100 Glenwood Springs, CO 81601 Changes in address, phone number and identity of contact person(s) shall be made in writing, and may be made without formal amendment of this Deposit Agreement. WHEREFORE, the parties have caused this Deposit Agreement to be effective on the date of execution by the BOCC, as beneficiary, noted below. ATTEST: BENEFICIARY: BOARD OF COUNTY COMMISSIONERS GARFIELD COUNTY, COLORADO By: Clerk to the Board John Martin, Chairman Date: 531323-1 DEPOSIT HOLDER: GARFIELD COUNTY TREASURER By: Date: Georgia Chamberlain, Treasurer DEPOSITOR/OWNER: DARTER, LLC -' %^ By: r 11;11,\7„.... , Date: er y Law. ce, Manager 5 State of Colorado �� 4 County of � ee' ' )ss. } Subscribed and sworn to before me this day of March, 2010, by terry Lawrence, manager of Darter, LLC. Witness my hand and official seal. My Commission expires: RECEIPT Check No. Cash ; or Form W-9: Received By: Date: c_ 44nu-,2- Notary Public Print Name: Title: Office of the Treasurer Form 1099 shall be sent to: TIN: (Taxpayer Identification Number) 531323-1 6 EXHIBIT A ACKNOWLEDGMENT OF SATISFACTION AND DIRECTION TO TREASURER TREASURER'S DEPOSIT AGREEMENT Recitals 1 • , [a Colorado 1 [an individual], entered into a 2009 Garfield County Treasurer's Deposit Agreement with the Board of County Commissioners of Garfield County, Colorado ("BOCC") and the Treasurer of Garfield County, Colorado ("Treasurer") dated and recorded as Reception Number of the Real Estate Records of the Garfield County Clerk and Recorder ( "Deposit Agreement"). 2. has presented certification to the BOCC from a licensed engineer that construction of Improvements is final and/or written approval from the Garfield County Vegetation Manager that revegetation is successful and in accordance with the Improvements Agreement between the BOCC and , recorded as Reception Number ("IA"). Acknowledgement NOW THEREFORE, at the request of and in consideration of the premises and the prior agreements contained in the Deposit Agreement and the IA, the BOCC hereby: 1. acknowledges full satisfaction of the security requirements of the IA; 2. authorizes disbursement of funds from the Treasurer's Account in the amount of $ , resulting in a remaining balance of $ -0- 3. authorizes and directs the Treasurer to release the funds held in the Treasurer's Account to an authorized representative of BOARD OF COUNTY COMMISSIONERS ATTEST: OF GARFIELD COUNTY, COLORADO Clerk to the Board By: Date: John Martin, Chairman 531323-1 7 Form s9 (Rev. November 2005) Department of the Treasury Internal Revenue Service Request for Taxpayer 1.4....1.:i'w..4.1.... M......16......,..... "......4:S:—.....1.:— IUGIILIII%.CILIVII I\1111 UVJ CHILI 6oVI 1i11Lrc1LIVI1 Give form to the requester. Do not send to the IRS. Print or type See Specific Instructions on page 2. Name (as shown on your income tax retum) Darter, LLC Business name, if different from above Check appropriate Individual/ Corporation ► LLC box: Sole Panne ship Other Exempt from backup proprietor withholding Address (number, street, and apt. or suite no.) 786 Valley Court Requester's name and address (optional) ResortQuest Hawaii - STARs Online 2155 Kalakaua Ave. 5th FI. Honolulu, HI 96815-2398 City, state, and ZIP code Grand Junction, CO List account number(s) here (optional) Part I Taxpayer Identification Number (TIN) Enter your 11N in the appropriate box. The TIN provided must match the name given on Line 1 to avoid backup withholding. For individuals, this is your social security number (SSf'). However, for a resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other entities, it is your employer identification number (Ell'. If you do not have a number, see How to get a TIN on page 3. Note. If the account is in more than one name, see the chart on page 4 for guidelines on whose number to enter. Social security number ii+I1-III or Employer identification number Part II Certification Under penalties of perjury, I certify that 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and 2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been noted by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report ail interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and 3. I am a U.S. person (including a U.S. resident alien). Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the Certification, but you must provide your correct 11N. (See the instructions on page 4.) Sign Here Signature of U.S. person ► erure— Purpose of Form A person who is required to file an information retum with the IRS, must obtain your correct taxpayer identification number (TIN) to report, for example, income paid to you, real estate transactions, mortgage interest you paid, acquisition or abandonment of secured property, cancellation of debt, or contributions you made to an IRA. U.S. person. Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN to the person requesting it (the requester) and, when applicable, to: 1. Certify that the TIN you are giving is correct (or you are waiting for a number to be issued), 2. Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withholding if you are a U.S. exempt payee. In 3 above, if applicable, you are also certifying that as a U.S. person, your allocable share of any partnership income from a U.S. trade or business is not subject to the withholding tax on foreign partners' share of effectively connected income. Note. If a requester gives you a form other than Form W-9 to request your 11N, you must use the requester's form if it is substantially similar to this Form W-9. For federal tax purposes, you are considered a person if you are: Date ► ?j —� j " �Q • An individual who Is a citizen or resident of the United States, • A partnership, corporation, company, or association created or organized in the United States or under the laws of the United States, or • Arty estate (other than a foreign estate) or trust. See Regulations sections 301.7701-6(a) and 7(a) for additional information. Special rules for partnerships. Partnerships that conduct a trade or business in the United States are generally required to pay a withholding tax on any foreign partners' share of income from such business. Further, in certain cases where a Form W-9 has not been received, a partnership is required to presume that a partner is a foreign person, and pay the withholding tax. Therefore, if you are a U.S. person that is a partner in a partnership conducting a trade or business in the United States, provide Form W-9 to the partnership to establish your U.S. status and avoid withholding on your share of partnership income. The person who gives Form W-9 to the partnership for purposes of establishing its U.S. status and avoiding withholding on its allocable share of net income from the partnership conducting a trade or business in the United States is in the following cases: • The U.S. owner of a disregarded entity and not the entity, Cat. No. 10231X Form W-9 (Rev. 11-2005)