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HomeMy WebLinkAbout1.0 ApplicationGARFIELD COUNTY Building & Planning Department 108 8th Street, Suite 201 Glenwood Springs, Colorado 81601 Telephone: 970.945.8212 Facsimile: 970.384.3470 www.garfield-county.com Subdivision Application Form ➢ Subdivision Name: GENERAL INFORMATION (To be completed by the applicant.) Valley View Village Subdivision - Phases C and D ➢ Type of Subdivision (check one of the following types): Sketch Plan Preliminary Plan Final Plat xx ➢ Name of Property Owner (Applicant): ➢ Address: 786 Valley Court Darter, LLC ➢ City: Grand Junction. State: Co Telephone: 970-523-5555 Zip Code: 81505 FAX: ➢ Name of Owner's Representative, if any (Attorney, Planner, etc): David H. McConaughy, Esq., Leavenworth & Karp, P.C. D. Address: P.O. Box 2030, Glenwood Springs Telephone: (970) 945-2261 ➢ City: Glenwood Springs State: co Zip Code: 81602 FAX: (970) 945-7336 ➢ Name of Engineer: ➢ Address: High Country Engineering, Inc. Telephone: 970-945-8676 ➢ City: Glenwood Springs State: co Zip Code: 81601 FAX: 970-945-2555 ➢ Name of Surveyor: ➢ Address: High Country Engineering, Inc. ➢ City: Glenwood Springs Telephone: 970-945-8676 State: co Zip Code: 81601 FAX: 970-945-25'.5 ➢ Name of Planner: ➢ Address: Land Design Partnership Telephone: 970-945-2246 ➢ City: Glenwood Springs State: GO Zip Code: 81601 FAX: 97Q,-94 it.0� ' �' Kis) JUN 2 g 2005 GARFIELD COUNTY BUILDING & PLANNING GENERAL > Location of Property: Section ➢ Practical Location / Address INFORMATION continued... 18 Township 7 South Range 95 West, 6th of Property: ➢ Current Size of Property ➢ Number of Tracts / Lots Created ➢ Property Current Land Use 1. Property's Current 2. Comprehensive Plan Proposed Utility Service: > Proposed Water Source: > Proposed Method of Sewage > Proposed Public Access ➢ Easements: Utility: Ditch: ➢ Total Development Area to be Subdivided (in within the Proposed Designation: Zone District: acres): 7.007 Subdivision: NC, MDR, LDR, 15 PSR Map Designation: Central water Mesa Community distribution provided by the Battlem Consolidated Metro District Disposal: Central treatment provided by BMCCMD VIA: Battlement Mesa Parkway & Stone Quarry Road power line, gas main (fill in the appropriate boxes below): (1) Residential Units / Lots Size (Acres) Parking Provided Single -Family Duplex Multi-Family 37 units 5.575 Mobile Home Total 37 units 5.575 Floor Area (sq. ft.) Size (Acres) Parking Provided (2) Commercial (3) Industrial (4) Public / Quasi-Public 1 .219 (5) Open Space /Common Area 0.213 Total 7.007 Base Fee: Sketch Plan - $325.00; Prelim Plan - $675.00; Final Plat - $200 ➢ Plat Review Fee (see attached fee schedule) paid on 2 • • 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 Plat 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://www.garfield-countv.com/buildinq and planninq/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 which is correct and accurate to the best of my knowledge. (Signatuof applicant/owner) �-, Date Last Revised: 11/21/2002 8 • • SECOND SUPPLEMENTAL DECLARATION TO THE MASTER DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR VALLEY VIEW VILLAGE SUBDIVISION IN BATTLEMENT MESA, PUD THIS SECOND 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 , 2005, 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 Phases C and D ("Phases C and D") is a resubdivision of Tracts F and G on the Property according to the plat recorded on , 2005 as Reception No. in the office of the Clerk and Recorder of Garfield County, Colorado ("Phases C and D 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 Phases C and D, according to the Phases C and D 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 Phases C and D, 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 Phases C and D. All I:\2005\Clients1Grace-1238\Documents\Supp Dec Phase CD.wpd June 12, 2005 -1- After recording please return to: Leavenworth & Karp, PC P. O. Drawer 2030 Glenwood Springs, CO 81602 • • of the above Recitals are true and arc incorporated into the terms of this Supplemental Declaration. 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 Phases C and D 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. STATE OF COLORADO ) ss. COUNTY OF By 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:\2005\Clients\Grace-1238\Documents\Supp Dec Phase CD.wpd June 12, 2005 -2- Notary Public After recording please return to: Leavenworth & Karp, PC P. O. Drawer 2030 Glenwood Springs, CO 81602 • • SUBDIVISION IMPROVEMENTS AGREEMENT (Valley View Village Subdivision - Phases C and D) THIS AGREEMENT is made and entered into this day of , 2005, 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 Phases C and D in Battlement Mesa P.U.D., and legally described as Tract F and Tract G, 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 F and Tract G, Valley View Village Subdivision in Battlement Mesa P.U.D." I:\2005\Clients\Grace-1238\Agreements\SIA-Phase CD.wpd June 21, 2005 1 After recording please return to: Leavenworth & Karp, PC P. O. Drawer 2030 Glenwood Springs, CO 81602 • • "Plat Documents" means the Construction Documents for Phases C & D, Valley View Village, P.U.D. prepared by High Country Engineering under Project No. 2021056.00, dated May 27, 2005 and also including the Final Plat. "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 contained with the final plat recorded as Reception No. 662272. "Phases C and D" means the Subdivision or the Property. "Future Phases" means Lot 47 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 Phases C and D 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 Phases C and D 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 Phases C and D of the Subdivision; C. All laws, regulations, orders and resolutions of the County and all affected special districts; I:\2005\Clients\Grace-1238\Agreements\SIA-Phase CD.wpd June 21, 2005 2 After recording please return to: Leavenworth & Karp, PC P. O. Drawer 2030 Glenwood Springs, CO 81602 • • D. All designs, maps, specifications, sketches, and other materials submitted to and approved by any of the above -stated governmental entities; 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, Phases C and D; (2) internal roads as depicted on the Final Plat; drainage features and utility structures; (3) (4) sanitary sewer facilities; 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 $584,279.30, which is the estimated cost for completion of the Improvements and includes adequate contingencies as set forth and certified by High Country Engineering, Inc. on Exhibit A attached hereto and incorporated herein by this reference, minus security for revegetation ($6,000.00), 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 licensed 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 1:\2005\Clients\Grace-1238\Agreements\SIA-Phase CD.wpd June 21, 2005 3 After recording please return to: Leavenworth & Karp, PC P. O. Drawer 2030 Glenwood Springs, CO 81602 • • any reason, including the bankruptcy of the Owner or the financial institution issuing or confirming the Letter of Credit, prior to acceptance 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 I:\2005\Clients\Grace-1238\Agreements\SIA-Phase CD.wpd June 21, 2005 4 After recording please return to: Leavenworth & Karp, PC P. O. Drawer 2030 Glenwood Springs, CO 81602 • • Approval and shall be secured by a letter of credit or other security acceptable to the County in the amount of $6,000 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 Phases C and D 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 $875.05 have been paid upon execution of this Agreement as required by the Preliminary Plan Approval. Additional traffic impact fees in the amount of $23.65 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). Pursuant to the subdivision improvements agreement for Phase B, Owner has a credit of 1.591 acres of open space from Phases A and B to apply to Phases C, D, and the Future Phases. Phases C and D comprise a total of 7.007 acres. Thus, the total open space requirement for Phases C and D is 1.752 acres. Phases C and D include open space equal to 0.213 acres in Tract I, 0.132 acres I:\2005\Clients\Grace-I238\Agreements\SIA-Phase CD.wpd June 21, 2005 5 After recording please return to: Leavenworth & Karp, PC P. O. Drawer 2030 Glenwood Springs, CO 81602 • • in Tract J, and 0.454 acres in the open space buffer areas which count as additional open space, for a total of 0.799 acres. This amount, plus the credit of 1.591 acres, satisfies the open space requirements for Phases C and D and leaves a credit of 0.638 acres for the 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. Multifamily Platting Process. Under the Preliminary Plan, the County previously authorized the resubdivision of the lots shown on the preliminary plan as Lots 23, 24, 25, and 26 into a total of 24 multi -family units. The lots shown on the Preliminary Plan as Lots 23-25 have been combined into a single lot shown as Lot 23 on the Final Plat, and Lot 26 as shown on the Preliminary Plan is now Lot 24 on the Final Plat. The total acreage and density within these lots remains the same (24 multi -family units), although the Owner has elected to construct all of the units in four-plex buildings instead of a combination of duplexes and six-plexes. The County finds that this modification is not a substantial change to the Preliminary Plan, and it is therefore approved. Before any individual dwelling unit in such multifamily buildings may be conveyed into separate ownership, Owner shall submit amended final plats depicting the actual ownership boundaries of each unit within each building. Such plats shall be based upon as -built surveys of the foundations of the buildings if the unit boundaries are defined in reference to party walls or, if applicable, based upon airspace surveys of the units after construction has been substantially completed if the boundaries are defined by airspace. No individual dwelling unit within any multifamily building shall be conveyed into separate ownership until the multifamily plat depicting such unit, as well as the declaration of covenants, conditions and restrictions defining the rights and duties associated with the ownership of each unit, have been approved by the County and recorded in the Office of the Garfield County Clerk and Recorder. The multifamily plats shall be I:\2005\Clients\Grace-1238\Agreements\SIA-Phase CD. wpd June 21, 2005 6 After recording please return to: Leavenworth & Karp, PC P. O. Drawer 2030 Glenwood Springs, CO 81602 • • processed by the County in accordance with this Agreement and the procedures and requirements of Section 5:00 of the County Subdivision Regulations. 12. 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. 13. 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. 14. 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 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. 15. 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. 16. Recording. Upon execution and authorization by the County, the Owner shall record this Agreement in the Office of the Garfield County Clerk and Recorder. 17. 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. 18. Amendment. This agreement may be amended from time to time only in writing and signed by all parties hereto. I:\2005\Clients\Grace-1238\Agreements\SIA-Phase CD.wpd June 21, 2005 7 After recording please return to: Leavenworth & Karp, PC P. O. Drawer 2030 Glenwood Springs, CO 81602 • • 19. 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 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 , 2005 by John Martin as Chairman of the Board of County Commissioners of Garfield County. I:\2005\Clients\Grace-1238\Agreements\SIA-Phase CD.wpd June 21, 2005 8 After recording please return to: Leavenworth & Karp, PC P. O. Drawer 2030 Glenwood Springs, CO 81602 • • (SEAL) My commission expires: STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) Notary Public Subscribed and sworn to before me this day of , 2005 by Terry Lawrence as President of Darter, LLC. (SEAL) My commission expires: 1:\2005\Clients\Grace-1238\Agreements\S1A-Phase CD.wpd June 21, 2005 Notary Public 9 After recording please return to: Leavenworth & Karp, PC P. O. Drawer 2030 Glenwood Springs, CO 81602 Valley View Village Subdivision -Phases and D' SUMMARY OF ENGINEER'S ESTIMATED PRELIMINARY CONSTRUCTION COST June 20, 2005 HCE JOB NO: 2021056.04 kAcostest-PHASES C AND D.xls ITEM 1 QUANTITY UNIT COST COST Grading and Earth work Mobilization 1 L. S . $20,000.00 Earthwork 1 T6p.soi1 Stripping and Stockpile 1 Drill seed and Hydromulch Erosion and Sediment Control NPDES Permitting Traffic Control 3" Asphalt $20,000.00 L.S. L $70,000.00 $70,000.00 L.S. $10,000.00 $10,000.00 1 L.S. $6 IlL.S. $5:000"1°°00 $$65;000000..0000 flL.S. $1,500.00 $1,500. 1 L.S. $1,000.00i . 4407 I S.Y. $1,000.00 i- $10.501 $46,273.50 2" Asphalt Offstreet Parking 3 61s.Y. 9" Class 6 ABC under Asphalt, cross pans, curb & gutter and walks 1590!C.Y. „. $3$88i00751 $3,115.00 $60,420.00 2'-6" Mountable Curb & Gutter & 4' Sidewalk 1822iL.F. $28.00 $51,016.00 2'-6" Mountable Curb & Gutter 9111L.F. Concrete Cross Pan with Aprons 1035 S.F. $16.00 $14,576.00 $5.00 $5,175.00 Handicap Ramp .....7Each $1,100.00 $7,700.00 Class I Ground Sign (Street,Stop, Speed, Yield) 3LEach $200.00 $600.00 SUB TOTAL Domestic Water $302,375.50 ---price inc. trenching & fittings; service materials provided by owner--- • i 8" C900 Waterline ! 1296 $22.00 !L.F. ! $28,512.00 8" Gate Valve 81Each i $1,120.00 i $8,960.00 6" 40L.F. C900 Waterline $20.00! $800.00 3/4" Water Service w/ Single Meter Pit 35iac Eh 1 $900.00' $31,500.00 Fire Hydrant Assembly 4 Each I $3,900.00 $15,600.00 Connect to Existing Water Stub 31Each $1,150.00 $3,450.00 Sewer SUBTOTAL $88,822.00 --priceincludes trenching and fittings:7. .. 8" SDR 3Sewerline _ _ _ _ .._ ... ._ ......... 1254L.F. $28.00 $35,112.00 4' Dia. Manhole 101Each $2,600.061 $26,000.00 Connect to Existing Sewer Stub 1 Each $1,150.00: $1,150.00 4 Sewer Service 36Each i $700.00: $25,200.00 . + SUB TOTAL $87,462.00 Miscellaneous 4' Shallow Utilly Trench 4" electric conduit installation (conduit furnished by utility) 1357 i L.F. 1357 L.F. i $$61..5000F $8,142.00 4" Teleyhone Conduit (conduit furnished by contractor) 1357 . . : $2,035.50 . $3.00 2' Shallow Utility Trench $4,071.00 5547L.F. $3.50 $1,939.00 $250.00 Transformer Vault Excavation 61Each $1,500.00 4" Conduit Sleeving @ Roadway Intersections 227 L F $4.00 6"Conduit Sleeving @ Roadway Intersections 227 L.F. $4.00 $$909088..00°° .- . Demolition (Gregory Lane) 1 L.S. $2,000.00 $2,000.00 Street Light Pole (CIP) 10 Each $1,500.00 $15,000.00 Survey $16,000.00 $16,000. 'SUB TOTAL $52,503.50 _____ ........ ______ .... .... ........ __ SUB TOTAL $531 163.00 or ....... __ If - ... ............. .......... ....... ................. .................. .. ..... ..........._ ...... .... ............ . _ 5 % CohliiigencL. $26,558.15 iF ll 2 i/2% Construction Testing — $13,279.08 _ . F !W .- '....7.0.• II • ., ,,.._,..., ..a .....,..4...., It e^s, ...•• 0.. f TOTAL $584,279.30 These bids. . 414*(4 nCtii';5 ,..r.ae engineering services, surveying, tap fees, construction administration or utility soft costs. High Country !‘4k%, Engineering, Inc. ir . ponsible for variances from its estimate as actual costs may vary due to bidding, final contracting and market fluctuations. 2 1/2%Bonding $13,279.08 .salqqn; Grading and Earthwork Mobilization 1L.S. $20,000.00 Earthwork 1 L.S. $70,000.00 Topsoil Stripping and Stockpile 1[L.S. $10,000.00 Dnll seed and Hydromulch Erosion and Sediment Control NPDES Permitting Traffic Control 3" As halt 1 L.S. $6,000.00 1 L.S. $5,000.00 1 L.S. $1,500.00 1L.S. $1,000.00 4407 .Y. $10.50 2 Asphalt Offstreet Par ' i 3561S.Y. i $8.75 $3,115.00 : 9" Class 6 ABC under Asphalt, cross pans, curb & gutter and walks I 1590C.Y. $38.00 $60,420.00 2'-6" Mountable Curb & Gutter & 4' Sidewalk ! 18221L.F. i $28.00i $51,016.00 2-6" Mountable Curb & Gutter ; 911 L.F. ! $16.00! $14,576.00 ; 1035S.F. ! $5.00! $5,175.00 ! Handicap Ramp 7 Each ! $1,100.001 ! . $7,700.00 Class I Ground Sign (Street,Stop, Speed, Yield) . Each L $200.00 $600.00. ! SUB TOTAL, $302,375.50 $20,000.00 $70,000.00 $10,000.00 $6,000.00 $5,000.00 $1,500.00 $1,000.00 $46 273 50 Concrete Cross Pan with Aprons • • Valley View Village Subdivision -Phases 'C and D' SUMMARY OF ENGINEER'S ESTIMATED PRELIMINARY CONSTRUCTION COST June 20, 2005 ITEM QUANTITY HCE JOB NO: 2021056.04 k: \ costest-PHASES C AND D. UNIT COST COST Domestic Water ---price inc. trenching & fittings; servic 8" C900 Waterline 8" Gate Valve 6" C900 Waterline 3/4" Water Service w/ Single Meter Pit Fire Hydrant Assembly Connect to Existing Water Stub e materials provided by owner --- 1296 L.F. $22.001 $28,512.00 8 Each $1,120.00 $8,960.00 40 L.F. $20.00' $800.00 35 Each $900.00 $31,500.00 4fEach 7 $3,900.00 $15,600.00 3 Each $1,150.00 $3,450.00 ; ! iSUB TOTAL $88,822.(X) --price includes trenching and fittings --- 8" SDR 35 Sewerline i 12541L.F. i $28.00 4' Dia. Manhole 10 Each $2,600.00 onnect to Existin' g Sewer Stub 1 !Each $1,150.00 4" Sewer Service 36 Each $700.00 !SUB TOTAL $35,112.00 $26,000.00 $1,150.00 $25,200.00 $87,462.00 4' Shallow Utility Trench 1357L.F. 4" electric conduit installation (conduit furnished by utility) i 1357L.F. 4" Telephone Conduit (conduit furnished by contractor) 1357 L.F. 2' Shallow Utility Trench 1 554IL.F. Transformer Vault Excavation 6 Each 4" Conduit Sleeving a Roadway Intersections 227IL.F. 6" Conduit Sleeving a Roadway Intersections ,. Demolition (Gregory Lane) Street Light Pole (CIP) Survey Mese bids anr1 g%laing SCIVICeS, surveying, tap tees, construction administration or utility soft costs. High Country Engineering, lnc..C114zsebi le for variances from its estimate as actual costs may vary due to bidding, final contracting and market —t, mm fluctuations. $$61..50001 $8,142.00 i $2,035.50 $3.00; $4,071.00 $3.50! $1,939.00 $250.00 t- $4.00 $1,500.00 $908.00 $4.00 $908.00 1L.S. $2,000.00 $2,000.00 10 Each $1,500.00 $15,000.00 1 L.S. $16,000.00 $16,000.00 SUB TOTAL $52,503.50 SUB TOTAL $531,163.00 5% Contingency] $26,558.15 2 172% Construction Testi% $13,279.08 12 1/2%Bonding $13,279.08 .• .•• . ! ' TOTAL $584,279.30 Valley View Village Subdivision -Phases 'C and D' SUMMARY OF ENGINEER'S ESTIMATED PRELIMINARY CONSTRUCTION COST June 20, 2005 HCE JOB NO: 2021056.04 k: \ costest-PHASES C AND D.xls ITEM 1 QUANTITY UNIT COST COST Grading and Earthwork Mobilization Earthwork Topsoil Stripping and Stockpile Drill seed and Hydromulch1IL.S. Erosion and Sediment Control NPDES Permitting Traffic Control 3" Asphalt 2" Asphalt Offstreet Parking •9" Class 6 ABC under Asphalt, cross pans, curb & gutter and walks 2'-6" Mountable Curb & Gutter & 4' Sidewalk 2-6" Mountable Curb & Gutter Concrete Cross Pan with Aprons Handicap Ramp Class I Ground Sign (Street,Stop, Speed, Yield) ! ! : i . 1 L.S. 1L.S. 1 L.S. 1 L.S. IlL.S. 1 L.S. 4407.S.Y. 356 S.Y. 1590 C.Y. 1822 L.F 9111L.F. 1 1035IS.F. . 7rEach : 3IEach I . ; $20,000.00 L $70,000.00 $10,000.00 : , .00 1 $5,000.00! 1 $1,500.001_ $1,000.00 _ $10.50 $8.75 $38.00 $28.00 $16.00 $5.00 $1,100.00 $200.00 SUB TOTAL $20,000.00 $70,000.00 $10,000.00 r $6,000.00 $5,000.00 $1,500.00 $1,000.00 $46,273.50 $3,115.00 $60,420.00 $51,016.00 $14,576.00 $5,175.00 $7,700.00 $600.00 $302,375.50 Domestic Water ---price inc. trenching & fittings; service materials provided by owner--- 8 C900 Waterline 8" Gate Valve 6" C900 Waterline40LF. 3/4" Water Service w/ Single Meter Pit Fire Hydrant Assembly Connect to Existing Water Stub ! • t . • 1296IL.F. . 8rEach I 1. I 35 Each 4 Each : 3 !Each . • • $22.00. $1,120.00 $20.00 $900.00 $3,900.00 $1,150.00, SUB TOTAL . $28,512.00 $8,960.00 $800.00 $31,500.00 • $15,600.00 $3,450.00 . S88,822.(X) Sewer ---price includes trenching and fittings --- 8" SDR 35 Sewerline ! . 4' Dia. Manhole Connect to Existing Sewer Stub+ 4" Sewer Service i ! 12541L.F. i 10!Each 1 Each 36 I Each : f $28.00 $2,600.00 $1, 5 . $700.00 SUB TOTAL i $35,112.00 i $26,000.00 $1,150.00 $25,200.00 $87,462.00 HiSCeilaneOUS 4' Shallow Utility Trench 4 electric conduit installation (conduit furnished by utility) 4" Telephone Conduit (conduit furnished by contractor) 2Shallow Utility Trench Transformer Vault Excavation 4" Conduit Sleeving 0 Roadway Intersections 6" Conduit Sleeving @ Roadway Intersections Demolition (Gregory Lane) Street Light Pole (CIP) Survey ..........94.11,,,,,„ 1) '"' P C ‘ 1 i 1357 L. F. . $6.00 1357iL.F. ! $1.50! . : 1357 L.F. 1 $3.001 5541..F. $3.50 61Each i $250.00 i 227L.F. 00 i- . 227 L.F. I $4.00 1 L. S. $2,000.00 i 10 Each $1,500.00. 1L.S. I $16,000.00 — ., SUB TOTAL 1 $8,142.00 $2,035.50 $4,071.00 $1,939.00 $1,500.00 $908.00 $908.00 $2,000.00 $15,000.00 $16,000.00 $52,503.50 ' • , _ / 1 'it 0 ''_-1-;NE"..' - ' 0, --v (,-....... 8 e c • i SUB 5% 2 1/2% Construction 2 - • i • : i TOTAL TOTAL 1 Contingency Testing 1/2%Bonding . $531,163.00 $26,558.15 $13,279.08 $13,279.08 $584,279.30 '....- e...6.--- ,.-_-• Cf, 6z 1.c. 561 ,...:. 1. 41: . ---- 61.19 "Z...0 41 • ' •••._ .••• ‹. • _ engineering Engineering, I loft services, surveying, tap tees, construction administration or utility soft costs. High Country ible for variances from its estimate as actual costs may vary due to bidding, final contracting and market fluctuations. --(- LOYAL E. LEAVENWORTH SANDER N. KARP DAVID H. McCONAUGHY JAMES S. NEU SUSAN W. LAATSCH NICOLE D. GARRIMONE ANNA S. ITENBERG MICHAEL J. SAWYER CASSIA R. FURMAN BETH E. K1NNE* *Admitted in Washington LEAVENWORTH & KARP, P.C. ATTORNEYS AT LAW 201 14T" STREET, SUITE 200 P. O. DRAWER 2030 GLENWOOD SPRINGS, COLORADO 81602 Telephone: (970) 945-2261 Facsimile: (970) 945-7336 crf@lklawfirm.com September 28, 2005 Fred Jarman, AICP, Senior Planner Garfield County Building and Planning Department 108 Eighth Street, Suite 201 Glenwood Springs, CO 81601 Re: Valley View Village Subdivision, Phases C and D Dear Fred: DENVER OFFICE:* 700 WASHINGTON ST. STE 702 DENVER, COLORADO 80203 Telephone: (303) 825-3995 Facsimile: (303) 825-3997 *(Please direct all correspondence to our Glenwood Springs Office) This letter responds to your comments dated August 5, 2005 regarding the Final Plat for Phases C and D of Valley View Village Subdivision. 1) Phases C and D Ownership. Darter, LLC will acquire title to Phases C and D, Valley View Village Subdivision (the "Property") from Edward and Ida Hoagland prior to the recording of the Final Plat. On September 13, 2001, the parties entered into a Contract to Buy and Sell Real Estate. That contract has since been amended by several documents, including the Agreement to Amend/Extend Contract dated May 24, 2003 (the "Option Agreement"). Pursuant to the Option Agreement, Darter, LLC has the exclusive option to purchase the Hoaglands' Valley View Village property, including Phases C and D. We have attached the form General Warranty Deed for the conveyance. We will submit a Statement of Authority authorizing David McConaughy to act on behalf of Darter, LLC in all matters related to the development of Valley View Village Subdivision under separate cover. There is no lender for the Property, and the Final Plat will be revised accordingly. 9) Proof of Ad Valorem Taxes. Attached please find proof of ad valorem property taxes for tax year 2004. 10) Bryan Loop. Consistent with the Final Plat for Valley View Village Subdivision recorded on December 16, 2003 in the Office of the Garfield County Clerk and Recorder as Reception No. 643044, all private roads within the Subdivision, including Bryan Drive, shall be dedicated to the Valley View Village Homeowners Association (the "Master Association"). Pursuant to Section 1.7 of the Master Declaration of Covenants, Conditions and Restrictions for Valley View Village Subdivision recorded in the Office of the Garfield County Clerk and Recorder as Reception No. 643048 ("Master Declaration"), all streets and roads located within the I:120051Glints`.Grace-123E1.1c sVarman-3 wpd • • LEAVENWORTH & KARP, P.C. Page 2 September 28, 2005 Subdivision shall be dedicated to the public, except for those private roads and driveways within the multi -family lots, including Bryan Loop. Repair and maintenance of the public and private streets and roads within the subdivision shall be the sole responsibility of the Master Association. We have attached a form easement deed conveying easements for Bryan Loop and other common elements in Phases C and D to the Master Association. 11) Open Space. Paragraph 8 of the draft subdivision improvements agreement for the Property addresses this issue exactly. Pursuant to the subdivision improvements agreement for Phase B, the applicant has a credit of 1.591 acres of open space from Phases A and B to apply to Phases C, D, and the Future Phases. Phases C and D comprise a total of 7.007 acres. Thus, the total open space requirement for Phases C and D is 1.752 acres. Phases C and D include open space equal to 0.213 acres in Tract I, 0.132 acres in Tract J, and 0.454 acres in the open space buffer areas which count as additional open space, for a total of 0.799 acres. This amount, plus the credit of 1.591 acres, satisfies the open space requirements for Phases C and D and leaves a credit of 0.638 acres for the Future Phases. Please do not hesitate to contact David or myself if you have any questions or continents regarding this matter. Very truly yours, LEAVENWORTH & KARP, P.C. �dIA Cassia R. Furman Enclosure cc: Terry Lawrence \2005\Clients \Grace-1238\Lencrs\Jarman-1 wpd • • GENERAL WARRANTY DEED THIS GENERAL WARRANTY DEED made this th day of , 2005, 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"); WITNESSETH: 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 confirm 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: Tracts F and G, 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 of whatever kind or nature whatsoever, subject to exceptions set forth on Exhibit "A" attached hereto and incorporated herein by this reference. 1:\2005\Clients\Grace-1238\Documents\GWD PhaseCD.wpd September 28, 2005 Page 1 of 2 Please return to: Leavenworth & Karp, PC P.O. Drawer 2030 Glenwood Springs, CO 81602 • • 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. By By STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) EDWARD J. HOAGLUND IDA LEE HOAGLUND Acknowledged, subscribed and sworn to before me this day of , 2005, by Edward J. Hoaglund. WITNESS my hand and official seal. My Commission expires: STATE OF COLORADO COUNTY OF GARFIELD ) ss. Notary Public Acknowledged, subscribed and sworn to before me this day of , 2005, by Ida Lee Hoaglund. WITNESS my hand and official seal. My Commission expires: I:\2005\Clients\Grace-1238\Documents\G W D PhaseCD.wpd September 28, 2005 Notary Public Page 2 of 2 Please return to: Leavenworth & Karp, PC P.O. Drawer 2030 Glenwood Springs, CO 81602 Report Date: 09/27/2005 02:26PM • • GARFIELD COUNTY TREASURER Page: 1 CERTIFICATE OF TAXES DUE CERT #: 200504578 SCHEDULE NO: R040986 ASSESSED TO: HOAGLUND, EDWARD J. & IDA LEE ORDER NO: G. HOMES VENDOR NO: LEAVENWORTH & KARP, P.C. P 0 DRAWER 2030 4064 COUNTY ROAD 309 PARACHUTE, CO 81635-9108 GLENWOOD SPRINGS, CO 81602 LEGAL DESCRIPTION: SECT,TWN,RNG:18-7-95 SUB:VALLEY VIEW VILLAGE SUB -DIV LOT:TR G DESC: FUTURE PHASE PRE:R400438 BK:0615 PG:0487 BK:1546 PG:979 RECPT:643048 BK:1546 PG:964 RECPT:643045 BK:1546 PG:954 RECPT:643041 BK:1546 PG:946 RECPT:643039 BK:1518 PG:822 RECPT:636574 BK:0748 PG:0893 BK:0642 PG:0065 BK:0641 PG:0278 PARCEL: 2407-181-02-008 SITUS ADD: PARACHUTE TAX YEAR CHARGE TAX AMOUNT INTEREST FEES PAID TOTAL DUE 2004 TAX 744.84 22.35 0.00 767.19 0.00 TOTAL TAXES 0.00 GRAND TOTAL DUE AS OF 09/27/2005 0.00 ORIGINAL TAX BILLING FOR 2004 TAX DISTRICT 080 - 16-EDTHFZ Authority Mill Levy Amount Values Actual Assessed GARFIELD COUNTY 10.745 134.00 VACANT LAN 43,000 12,470 GRAND VALLEY FIRE 3.267 40.74 COLO RIVER WATER CONS 0.252 3.14 TOTAL 43,000 12,470 WEST DIVIDE WATER CON 0.137 1.71 GRAND RIVER HOSPITAL 5.597 69.79 GRAND VALLEY CEMETERY 0.075 0.94 SCHOOL DISTRICT 16 15.978 199.25 COLORADO MTN COLLEGE 3.997 49.84 PARA/BATTLEMENT REC 3.570 44.52 CONSOLIDATED METRO 13.202 164.63 GARFIELD COUNTY - ROAD & BRIDGE 0.868 10.82 GARFIELD COUNTY - CAPITAL EXPEND 1.042 12.99 GARFIELD COUNTY - SOCIAL SERVICE 1.000 12.47 TAXES FOR 2004 59.730 744.84 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, 2005, REAL PROPERTY - OCTOBER 1, 2005 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. I, 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 27th day of September, 2005. TREASURER, GARFIELD COUNTY, GEORGIA CHAMBERLAIN, BY P. O. Box 1069 Glenwood Springs, CO 81602-1069 (970) 945-6382 J Report Date: 09/27/2005 02:27PM • • GARFIELD COUNTY TREASURER Page: 1 CERTIFICATE OF TAXES DUE CERT #: 200504579 SCHEDULE NO: R040985 ASSESSED TO: HOAGLUND, EDWARD J. & IDA LEE ORDER NO: G. HOMES VENDOR NO: LEAVENWORTH & KARP, P.C. P 0 DRAWER 2030 4064 COUNTY ROAD 309 PARACHUTE, CO 81635-9108 GLENWOOD SPRINGS, CO 81602 LEGAL DESCRIPTION: SECT,TWN,RNG:18-7-95 SUB:VALLEY VIEW VILLAGE SUB -DIV LOT:TR F DESC: FUTURE PHASE PRE:R400438 BK:0615 PG:0487 BK:1546 PG:979 RECPT:643048 BK:1546 PG:964 RECPT:643045 BK:1546 PG:954 RECPT:643041 BK:1546 PG:946 RECPT:643039 BK:1518 PG:822 RECPT:636574 BK:0748 PG:0893 BK:0642 PG:0065 BK:0641 PG:0278 PARCEL: 2407-181-02-007 SITUS ADD: PARACHUTE TAX YEAR CHARGE TAX AMOUNT INTEREST FEES PAID TOTAL DUE 2004 TAX 744.84 22.35 0.00 767.19 0.00 TOTAL TAXES 0.00 GRAND TOTAL DUE AS OF 09/27/2005 0.00 ORIGINAL TAX BILLING FOR 2004 TAX DISTRICT 080 - 16-EDTHFZ Authority Mill Levy Amount Values Actual Assessed GARFIELD COUNTY 10.745 134.00 VACANT LAN 43,000 12,470 GRAND VALLEY FIRE 3.267 40.74 COLO RIVER WATER CONS 0.252 3.14 TOTAL 43,000 12,470 WEST DIVIDE WATER CON 0.137 1.71 GRAND RIVER HOSPITAL 5.597 69.79 GRAND VALLEY CEMETERY 0.075 0.94 SCHOOL DISTRICT 16 15.978 199.25 COLORADO MTN COLLEGE 3.997 49.84 PARA/BATTLEMENT REC 3.570 44.52 CONSOLIDATED METRO 13.202 164.63 GARFIELD COUNTY- ROAD & BRIDGE 0.868 10.82 GARFIELD COUNTY - CAPITAL EXPEND 1.042 12.99 GARFIELD COUNTY - SOCIAL SERVICE 1.000 12.47 TAXES FOR 2004 59.730 744.84 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, 2005, REAL PROPERTY - OCTOBER 1, 2005 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. I, 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 27th day of September, 2005. TREASURER, GARFIELD COUNTY, GEORGIA CHAMBERLAIN, BY P. O. Box 1069 Glenwood Springs, CO 81602-1069 (970) 945-6382 /414// yC 3®sj,LORAO -47O i Yv!w.�JW �6 be�eO • • EASEMENT DEED THIS EASEMENT DEED made this day of , 2005, 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., Tract J, the buffer easement, and a private access, egress, ingress, emergency access, drainage and utility easement fourteen (14) feet on either side of the centerline shown for Bryan Loop within Lot 24, as such easements and tracts are depicted on the Final Plat for Valley View Subdivision, Phases C and D, recorded in the Office of the Garfield County Clerk and Recorder on , 2005, as Reception No. No development of any kind, including without limitation fences or any other improvements, shall be allowed within the easements. The easements 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 , 2005, by as of Darter, LLC. WITNESS my hand and official seal. My Commission expires: Notary Public I:\2005\Clients\Grace-1238\Documents\PhCD Easement Deed.wpd Page 1 of 1 September 28, 2005 g Please return to: Leavenworth & Karp, PC P.O. Drawer 2030 Glenwood Springs, CO 81602 • CIVIL ENGINEERING October 7, 2005 Garfield County Planning Department 108 8th Street Suite 201 Glenwood Springs, CO 81601 Attn. Andy Schwaller An Employee -Owned Company RE: Valley View Village Phases C and D -Response to Comments • LAND SURVEYING ? _1 C OCT r 0 2005 dUILDIN G . yLI NTY NG Responses to the comments from the Battlement Mesa Consolidated Metro District's Engineer (Letter dated September 9th , 2005): High Country Engineering has revised the water and sewer plans per your comments dated September 9, 2005. Please find included with this submittal revised plans, and the comment that you provided in your review of the plans with the response to that comment. 1. The waterline should be looped for the entire length of Bryon Loop to connect at both intersections with Cliff View Court. This will require a second tee and set of valves at the south intersection of Cliff View Court. The size of the waterline could also be reduced to 6 -inch diameter. The waterline has been looped for the entire length of Bryan Loop as requested. The waterline has also been reduced to a 6 -inch line. 2. Since the waterline is proposed to loop back to the District's distribution system at two separate locations along Cliff View Circle and Gregory Lane it is not necessary to connect to the existing distribution system at the proposed third location in Valley View Drive unless it is deemed necessary by the Petitioner's Engineer, High Country Engineering (HCE). If HCE elects to provide this third connection, the existing valve shown outside the street right-of-way is to be removed with a note specifying that the connection is to be made with a "dresser" type coupling if necessary. There is also some question whether designation that would imply it is a proposed new valve. Also the as - built Plans for Phase A did not indicate that any valves were placed at the tee on the water main as shown on the Phase C and D Plans that should be field verified. The valves have been changed in the plan to accurately represent the existing utility layout. The connection to Valley View Drive from Bryan Loop has also been removed from the design as requested and the existing valve has been removed. 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 • • 3. The note that a "dresser" type coupling may be required for connection to the existing waterline should also be indicated for the connection to the existing waterline in Cliff View Circle similar to the note shown for the waterline connection in Gregory Lane. The above-mentioned note has been added to the connections referenced. 4. The water service lines to the four-plex unit C 1-4 should be relocated to the waterline along Bryon Loop that will be extended in front of the four-plex as part of the requirement to loop the waterline along Bryon Loop (see Item 1 above). The water services for the four Alex unit C1-4 have been moved to Gregory Lane so that the unit will be served from the rear. 5. The street name for Bryon Loop should be labeled on the Utility Composite Sheet 17. The street name, Bryan Loop, has been added to Sheet 17. 6. The fire hydrant proposed between Lots 17 and 18 should be relocated to either Lot 28 or between Lots 27 and 28 so that the fire hydrant leg does not cross the sanitary sewer line. The fire hydrant has moved across the street to Lot 28 to avoid crossing the sanitary sewer main. 7. The fire hydrant at the corner of Cliff View Circle and Gregory Lane should be relocated to the south so that it is along the side of the proposed handicap ramp rather than directly behind the ramp as shown. The fire hydrant has been moved south so that it will be below the handicap ramp. 8. The water service lines for all single family lots should be relocated so that they are a minimum of 10 -feet offset from the property lines. As presently configured they are 5 - feet offset. The water services have been revised to a distance of 7.5 feet. The District Engineer was willing to accept this based on the conflicts with the water meters and the placement of the driveways that were encountered during Phase B. 9. The water service lines to Lots 21 and 22 should be relocated so that they do not conflict with the proposed electrical transformers (see also Item 8 above), The water service lines have been moved away from the transformers. 10. A note should be provided on the street Plan and Profile Sheets 13 and 14 to state that all fill material along Cliff View Court is to be placed to the street subgrade and compacted to 95% (AASHTO T-99) prior to installation of the waterline. The note mentioned above has been added to sheets 13 and 14 as requested. 11. The inline valve along Cliff View Court near Lot 28 can be deleted since adequate valving is in place at the intersection of Cliff View Lane and Cliff View Circle to isolate the waterline. The valve has been removed as requested. 12. The District's Standard Waterline Detail Sheet(s) will need to be included with the final Plans approved for construction. The detail sheet(s) have been added. Sewer Collection System 1. A note should be provided on the Utility Composite and Plan portion of the Plan and Profile Sheet 22 specifying the method of connection to the existing stub out from MH - A6. Per the Plans approved for construction for Phase A, the stub out alignment and grade is to be verified by the Contractor and the District Engineer to determine if it matches the proposed sewer line alignment and grade. If the alignment or grade differs from that of the proposed sewer line, the stub out is to be removed and the sewer line extended the full length from MH -A6 to MH -B 1. If this is required, the Contractor will obtain any necessary Utility Permit(s) from Garfield County for work within the Valley View Drive right-of-way. If the District Engineer approves the stub out, connection shall be made using a PVC bell -by -bell closure coupling. The above -said note had been added to the plan and profile sheets. 2. Existing MH -A6 should be shown with dashed lines in the Profile and notes as an existing manhole. The existing stub out should also be shown with dashed lines in the Profile. The manhole and stub have been dashed and shaded back to better show that the manhole is existing. 3. The existing invert -out and invert -in elevations should be shown for MH -A6 on the sewer line profile. The invert ins and outs have been added to the profile as requested. 4. MH -A6 should be stationed as 0+00 and all stationing revised accordingly. The District requires stationing to start at 0+00 rather than stationing starting at 1+00 as proposed. All stationing including sewer service taps in the reference table will need to be revised accordingly. • • The stationing for the sanitary sewer mains have been changed to have the beginning station as 0+00. 5. An equation station should be provided for tee MH -B3 with the station for the sewer line along Bryon Loop starting at 0+00. MH -B3 now shows the beginning station for the sanitary sewer line on Bryan Loop and also the sewer line on Cliff View Court and the beginning stations have been changed to 0+00. 6. The deflection angle at MH -B3 between the sewer line along Bryan Loop to the outlet sewer along Cliff View Circle appears to be at an acute angle (less than 90°) that the District does not allow. The alignment of the sewer line along Bryan Loop should be revise and MH -B3 relocated so that the sewer line on Bryan Loop is located in the center of the lane. This may also require relocating MH -B9 to the centerline of the street. As currently proposed it appears that the sewer line along Bryan Loop is less than 3 -feet from the edge of the gutter that also does not meet the District's Standards. MH -B10 should also be relocated to the center of the lane. All of these items need to be met when realigning the sewer line along Bryan Loop. The sewer line alignment along Bryan Loop has been adjusted to place the manholes in the center of the driving lane. The entrance angle into MH -B3 is the 90° as required. 7. The inlet sewer at tee MH -B3 should be shown on the manhole profile. Invert information for MH -B3 is shown in the sanitary sewer profiles. 8. The four sewer services for the four-plex unit Al -4 should be separated so that each service aligns with the proposed building plumbing service line from each unit. The services have been separated as requested. 9. The sewer service and water service reference table on the Utility Composite should be separated into two separate tables for ease of reference by the District rather than one common table. One table should be solely for sewer service references, the other for water service references. This was not required on Phases A and B but the District staff expressed their preference to have separate tables on future submittals for their ease of reference. The water services and sewer services have been separated into two different tables. 10. A note should be provided on Plan and Profile Sheet 22 to state that all fill material over the sanitary sewer line between MH -A6 and MH -B3 is to be placed to the finished street subgrade and compacted to 95% (AASHTO T-99) prior to installation of the sanitary sewer line. • • The requested note has been added to the plan and profile sheet. 11. The match line reference to Sheet 19 on the Utility Composite should be removed since it does not apply to the project. In addition, all of the utilities in Phases A and B should be shown with dashed lines and existing appurtances (i.e. manholes and water valves) with open designations (i.e. open circle for manholes). Existing manholes should also be labeled on the Utility Composite Sheets 17 and 18. The match line reference to Sheet 19 has been removed as requested and all existing manholes have been labeled. All existing utilities from Phases A and B have been shaded back and dashed as requested. The existing manholes have also been shown with open circles. 12. The slope between MH -A6 and MH -B1 should be reduced to 0.45% to provide additional cover over the sewer line through the compacted fill areas at MH -B 1. This will also require adjusting the slope between MH -B2 and MH -B3. The slopes have been adjusted per your request. 13. The phase line between Phase B and Phase D should be designated to identify which lots were located within previous Phase B and clearly separates and distinguishes Phase B from Phase D. Phase B should also be labeled on the Utility Composite and Plan portion of the Plan and Profile Sheet 18 similar to labeling shown on Sheet 6 and referenced as previously constructed. The phase line has been added to the composite plan as well as on the sanitary sewer plan and profile sheets as requested. 14. The Utility Composite match line between Sheet 17 and 18 should be moved so that all of the sewer line along Bryan Loop is shown on either Sheet 17 or 18. The plan has been shifted to show all of Bryan Loop on Sheet 17 of the plan. 15. The sewer services to the four-plex unit B 1-4 should be relocated so that they are oriented similar to the four-plex unit C1-4 where two service lines are located within the courtyard between two units. This will better align the sewer services with building plumbing services rather than having four service lines located in the center courtyard of the four-plex building. The sewer services B1-4 have been adjusted as requested. 16. Sewer services to the single family lots should be relocated so that they are a minimum of 15 -feet offset from the property lines to avoid any encroachment upon neighboring lots for future maintenance of the service line. As presently configured the sewer services are approximately 5 -foot offset from the property line. • • All of the single-family sewer services have been relocated to 15 -feet off of the property line as requested. 17. Stations for all sewer services should be shown on the Plan portion of the Plan and profile Sheets for the District's ease of reference. The stations for all of the sewer services have been added to the plan and profile sheets as requested. 18. The slope between MH -B7 and MH -B8 does not correspond to the invert elevation and distance between manholes that should be revised to the appropriate slope. The manhole stations have been rounded to the nearest foot on the profiles so the slopes will not be exact. The slopes have been recalculated to show the correct information. 19. The stationing on the sewer line profile title along Cliff View Circle (Sheets 22 and 23) notes that the stationing is from right to left that appears to be in error. Stationing in the Profile is. left to right. The annotation below the profile has been corrected. 20. The term "PVC" should be included for each segment of sewer line between manholes shown on the Profile rather than just the term "8 -inch SDR -35". The term "PVC" has been included for each segment of the sewer line between manholes on the profile as requested. 21. Directional flow arrows should be provided on each segment of sewer line between manholes on the Utility Composite and Plan portion of the Plan and Profile Sheets that are not consistently shown. Flow arrows have been added to the base drawing so that they show up in every drawing as requested. 22. The vertical control benchmark and horizontal coordinate system should be specified and labeled on the Utility Composite and Plan and Profile Sheets for the District's future reference. The benchmark information is available on the grading plan and shown on the key map of the plan and profile and utility sheets. This is the same benchmark that was used for Phase A and Phase B. It is the East ''/ corner of Section 18 on the southeast corner of the development. • • 23. The District's Standard Sanitary Sewer Detail Sheet will need to be included with the final Plans approved for construction. The detail sheet has been added to the plans as requested. Responses to the comments from the County Planning Department: 1. While Darter, LLC appears to be the owner of the subject property, please provide a deed showing which entity owns the subject property and who is eligible to sign the plat as well as a letter providing you authority to act on behalf of the owner in this matter. Is there a mortgage involved in the ownership? This is also important as to what entity will sign the Subdivision Improvements Agreement. Has the property been transferred to Darter, LLC? If so, provide the deed of conveyance. Phases C and D Ownership. Darter, LLC will acquire title to Phases C and D, Valley View Village Subdivision (the "Property') from Edward and Ida Hoagland prior to the recording of the Final Plat. On September 13, 2001, the parties entered in to the Contract to Buy and Sell Real Estate. That contract has since been amended by several documents, including the Agreement to Amend/Extend Contract dated May 24, 2003 (the "Option Agreement"). Pursuant to the Option Agreement, Darter, LLC has the exclusive option to purchase the Hoaglands' Valley View Village property, including Phases C and D. We have attached the form General Warranty Deed for the conveyance. We will submit a Statement of Authority authorizing David McConaughy to act on behalf of Darter, LLC in all matters related to the development of Valley View Village Subdivision under separate cover. 2. Please sign and submit an "Agreement to Pay" form. The Agreement to Pay form has been signed as requested. 3. The first line of the Surveyors Certificate on the plat needs to be amended to read, "I, Frank W. Harrington, do hereby state certify that I am..." The Certificate has been changed to read as shown above. 4. Plat note no. 8 should read, "All exterior lighting will be the minimum amount necessary and all exterior lighting will be directed inward and downward towards..." The plat note has been changed to read as indicated above. 5. The Land Use Summary on Sheet 1 or 2 of the Final Plat needs to be amended to show lots in MDR in Phase C and LDR in Phase D. Further, it needs to show the correct total of the number of lots as well as their corresponding Lot number. For example, Lots 29 and 30 are not shown on the Summary but are included on the plat. Please address. The Land Use Summary is accurately shown on the plat. 6. The Certificate of Dedication and Ownership needs to be modified to reflect the required language in Section 14:00 of the Subdivision Regulations of 1984, as amended and is also provided here: • • DEDICATION KNOWN ALL MEN BY THESE PRESENTS: That the undersigned is/are the owner(s) of that real property situated in the County of Garfield, State of Colorado, and being a part of as shown on the accompanying plat, said real property being more particularly described as follows: That said owner has caused the said real property to be laid and surveyed as , a subdivision of a part of Garfield County, Colorado. That said owner does hereby dedicate and set apart all of the streets and roads as shown on the accompanying plat to the use of the public forever, and hereby dedicate to the Public Utilities those portions of said real property which are labeled as utility easements on the accompanying plat as perpetual easements for the installation and maintenance of utilities, irrigation and drainage facilities, including but not limited to electric lines, gas lines, telephone lines; together with the right to trim interfering trees and brush; with perpetual right of ingress and egress for installation and maintenance of such lines. Such easements and rights shall be utilized in a reasonable and prudent manner. That all expense for street paving or improvements shall be furnished by the seller or purchaser, not by the County of Garfield. IN WITNESS WHEREOF said owner has caused his name to be hereunto subscribed this day of STATE OF COLORADO COUNTY OF GARFIELD )SS. , A.D., 2005. The foregoing dedication was acknowledged before me this day of A.D., 2005, by My commission expires: WITNESS MY HAND AND SEAL Notary Public The dedication has been changed to read as stated above. 7. Please amend the dates in the Board of County Commissioners and Clerk and Recorder's Certificates on Sheet 1 of 2 of the Final Plat to state 2005 rather than 2004. The date has been changed to 2005 as requested. 8. The engineering plans all need to need to be marked with "Approved for Construction." The plans have been marked with "Approved for Construction." • • 9. No information was provided that demonstrates that the all of the required ad velorum taxes have not been paid. Please provide evidence that these taxes have been paid. Proof of Ad Valorem Taxes. Attached please find proof of ad valorem property taxes for tax year 2004. 10. Please provide letters from the appropriate waste/water service providers (Metro or Service Districts) stating that they can and will serve the development in Phases C & D. The letters have been provided as requested. 11. The fourth line in plat note 19 needs to read as follows: "... moisture from saturating the soils and thus reduce the overall potential for..." The fourth line has been adjusted to read as stated above. 12. Please add a plat note after No. 19 as follows: "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." The above -stated note has been added to the plat. 13. Condition No. 9 of Resolution 2003-67 requires that all roads be dedicated to the public except for Bryan Loop, among others. Because this road will be private, please provide what entity will own and maintains this road. In doing so, please provide the form deed conveying the road to the appropriate entity and also indicate where maintenance is covered in the covenants. Bran Loop. Consistent with the Final Plat for Valley View Village Subdivision recorded on December 16, 2003 in the Office of the Garfield County Clerk and Recorder as Reception No. 643044, all private roads within the Subdivision, including Bryan Drive, shall be dedicated to the Valley View Village Homeowners Association (the "Master Association"). Pursuant to Section 1.7 of the Master Declaration of Covenants, Conditions and Restrictions for Valley View Village Subdivision recorded in the Office of the Garfield County Clerk and Recorder as Reception No. 643048 ("Master Declaration'), all streets and roads located within the Subdivision shall be dedicated to the public, except for those private roads and driveways within the multi- family lots, including Bryan Loop. Repair and maintenance of the public and private streets and roads within the subdivision shall be the sole responsibility of the Master Association. We have attached a form easement deed conveying easements for Bryan Loop and other common elements in Phases C and D to the Master Association. 14. Condition No. 10 requires that the project shall provide a total of 9 acres of open space for all of Valley View Village PUD. Please show how much open space has been platted to date and how the full 9 acres will be achieved with subsequent filings. Open Space. Paragraph 8 of the draft subdivision improvements agreement for the Property addresses this issue exactly. Pursuant to the subdivision improvements agreement for Phase B, the applicant has a credit of 1.59 acres of open space from . • • Phases A and B to apply to Phases C, D, and the Future Phases. Phases C and D comprise a total of 7.007 acres. Thus, the total open space requirement for Phases C and D is 1.752 acres. Phase!, C and D include open space equal to 0.213 acres in Tract I, 0.132 acres in Tract J, and 0.454 acres in the open space buffer areas which count as additional open space, for a total of 0.799 acres. This amount, plus the credit of 1.591 acres, satisfies the open space requirements for Phases C and D and leaves a credit of 0.638 acres for the Future Phases. 15. Please provide this office with three (3) paper copies with the amendments listed above at your earliest convenience so this office may continue processing the final plat. Three paper copies have been provided with this letter. Note, this letter does not contain additional comments which are forthcoming from the County Attorney's office regarding the content and form of the Subdivision Improvements Agreement and the protective covenants. I look forward to reviewing the additional information requested in this letter. Do not hesitate to contact this office should you have any questions. Please contact me if you have any questions regarding the revised submittal. Respectfully, Dan Dennison Project Manager / • A WestWater Engineering • 2516 FORESIGHT CIRCLE, #1 GRAND JUNCTION, COLORADO 81505 (970) 241-7076 November 4, 2005 Bruce Smith, District Manager Battlement Mesa Consolidated Metro District P.O. Box 6116 Battlement Mesa, Colorado 81636 • FAX (970) 241-7097 RE: Review Comments on Resubmittal of Final Plans for Valley View Village Subdivision, Phases C and D Dear Bruce, The following are our review comments on the resubmitted Plans for Phases C and D of the proposed Valley View Village Subdivision. The Plans were revised in response to our comments dated September 9, 2005. The District directed us to review the resubmitted Plans per your letter of October 25, 2005. We have again separated our comments between the water system and sanitary sewer system for ease of reference. Water Distribution System 1. The water service lines to the four plex units C 1 through C4 are still being proposed to connect to the water line along Gregory Lane that is along the back of the units. Since the water line along Byron Loop is now looped back to Cliff View Court, the water services should be relocated to the front of the buildings and served off the water line in Byron Loop (See previous comment #4). 2. The existing water valves shown in Phase B on Utility Composite Sheet 18 should be shown with open designations to clearly designate that they are existing. (See original sanitary sewer comment #11). 3. The District's Standard Water Line Detail Sheet should be renumbered in accordance with the index sheet (Sheet 35). Sanitary Sewer Collection System 1. The note referring to connection to the District's existing MH A-6 in Valley View Drive shown on Sheet 22 should be revised to state the following, 'the stub out alignment and grade of MH A-6 is to be field verified by the Contractor and the • • Bruce Smith November 4, 2005 Page 2 District Engineer to determine if it matches the proposed sewer line alignment and grade. If the alignment or grade differs from that of the proposed sewer line, the stub out is to be removed and the sewer line extended the full length from MH A-6 to MH B-1. If this is required the Contractor will be required to obtain the necessary utility permits from Garfield County for work within the Valley View Drive right-of-way. If the District Engineer approves the stub out, connection shall be made using a PVC bell by bell closure coupling". This note should also be placed on Utility Composite Sheet 17. (See original comment #1). 2. Existing MH A-6 should be noted as existing in the Profile on Sheet 22. (See original comment #2). 3. An equation station should be provided for MH B-3 to reference the stations between the sewer line along Byron Loop and the sewer line along Cliff View Court. (See original comment #6). 4. The Phase line designation shown on the Utility Composite should be realigned so that the proposed fire hydrant at the intersection of Gregory Lane and Cliff View Circle is clearly shown that is currently over laid by the Phase line. 5. The invert -in elevation from the east at MH B-3 should be reduced to a maximum of 0.3 feet above the invert out in lieu of the 0.57 feet proposed. This will also require revising the grade between MH B-3 and MH B-9 in Byron Loop. 6. The sewer main between MH B-9 and MH B-10 should be extended so that the sewer services to Units B3 and B4 can be installed in the court yard area between the Units, rather than underneath the asphalt driveway as shown. This may require a slight realignment of the sanitary sewer line and water line along Byron Loop. 7. For sewer service lines that are not perpendicular to the sewer main, the end of the service lines that are stubbed into the property should be referenced to the front of property corners for the District's future reference. This would appear to apply to the sewer service lines to Units F3 and F4 and the service lines to Units B3 and B4. 8. The District's Standard Sanitary Sewer Detail Sheet should be renumbered in accordance with the index sheet (Sheet 36). The Plans should be revised to address the aforementioned comments and resubmitted to the District for final review. We are still not sure what the status of approval is on the Final Plat with Garfield County that should also be approved prior to the District approving the Plans for .TO • • Bruce Smith November 4, 2005 Page 3 construction. This will ensure that the County's requirements have been met and the final plat is recorded. If you have any questions regarding our comments please feel free to contact us. Respectfully, Stephen T. LaBonde Project Manager STL/bw Encl. cc: Jim Hardcastle, Garfield County Planning Department Ron Weidler, High County Engineering Darin Carei, Grace Homes Ted Anderson, Battlement Mesa Consolidated Metro District ,IWwuxveget ,11•111...n MeuV,tn.,miN.r.vura...md CIVIL ENGINEERING November 11, 2005 Garfield County Planning Department 108 8th Street Suite 201 Glenwood Springs, CO 81601 Attn. Andy Schwaller An Employee -Owned Company RE: Valley View Village Phases C and D -Response to Comments LAND SURVEYING Responses to the comments from the Battlement Mesa Consolidated Metro District's Engineer (Letter dated November 4, 2005): 1 4 2005 High Country Engineering has revised the construction drawings per your comments dated November 4, 2005. Please find included with this submittal revised plans, and the comment that you provided in your review of the plans with the response to that comment. 1. The water service lines to the four plex units Cl through C4 are still being proposed to connect to the water line along Gregory Lane that is along the back of the units. Since the water line along Byron Loop is now looped back to Cliff View Court, the water services should be relocated to the front of the buildings and served off the water line in Byron Loop (See previous comment #4). The water service lines to the four plex units Cl through C4 have been relocated to the front of the buildings and serve off the water line in Byron Loop. 2. The existing water valves shown in Phase B on Utility Composite Sheet 18 should be shown with open designations to clearly designate that they are existing. (See original sanitary sewer comment #11). The existing water valves shown in Phase B on the Utility Composite Sheet 18 have been updated with open designations. 3. The District's Standard Water Line Detail Sheet should be renumbered in accordance with the index sheet (Sheet 35). The District's Standard Water Line Detail Sheet has been renumbered Sheet 35. Sanitary Sewer Collection System 1. The note referring to connection to the District's existing MH A-6 in Valley View Drive shown on Sheet 22 should be revised to state the following, 'the stub out alignment and grade of MH A-6 is to be field verified by the Contractor and the District Engineer to determine if 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 • it matches the proposed sewer line alignment and grade. If the alignment or grade differs from that of the proposed sewer line, the stub out is to be removed and the sewer line extended the full length from MH A-6 to MH B-1. If this is required the Contractor will be required to obtain the necessary utility permits from Garfield County for work within the Valley View Drive right-of-way. If the District Engineer approves the stub out, connection shall be made using a PVC bell by bell closure coupling'. This note should also be placed on Utility Composite Sheet 17. (See original comment #1). The note has been added verbatim on Sheet 22 and Sheet 17. 2. Existing MH A-6 should be noted as existing in the Profile on Sheet 22. (See original comment #2). Existing MHA -6 has been identified as existing in the profile on Sheet 22. 3. An equation station should be provided for MH B-3 to reference the stations between the sewer line along Byron Loop and the sewer line along Cliff View Court. (See original comment#6). An equation station has been added for MH B-3 that reference the stations between the sewer line along Byron Loop and the sewer along Cliff View Court. 4. The phase line designation shown on the Utility Composite should be realigned so that the proposed fire hydrant at the intersection of Gregory Lane and Cliff View Circle is clearly shown that is currently over laid by the phase line. The phase line designation shown on the Utility Composite site has been realigned so that the fare hydrant at the intersection of Gregory Lane and Cliff View Circle is clear. 5. The invert -in elevation from the east at MH B-3 should be reduced to a maximum of 0.3 feet above the invert out in lieu of the 0.57 feet proposed. This will also require revising the grade between MH B-3 and MH B-9 in Byron Loop. The invert -in elevation from the east at MHB-3 has been reduced to the standard 0.2 foot drop. The grade between MH B-3 and MH B-9 in Byron Loop has been updated. 6. The sewer main between MH B-9 and MH B-10 should be extended so that the sewer services to Units B3 and B4 can be installed in the court yard area between the Units, rather that underneath the asphalt driveway as shown. This may require a slight realignment of the sanitary sewer line and water line along Byron Loop. The sewer main between MHB-9 and MH B-10 has been extended, and the services to Units B3 and B4 will be installed in the court yard between the Units. The waterline has been slightly realigned along Byron Loop. • • 7. For sewer service line that are not perpendicular to the sewer main, the end of the service line that are stubbed into the property should be referenced to the front of property corners for the District's future reference. This would appear to apply to the sewer services lines to Units F3 and F4 and the services line to Units B3 and B4. The sewer service lines that are not perpendicular to the sewer main have been referenced (swing tie) to firehydrants or sewer manholes and are listed in the accompanying chart on Sheets 17 and 18. 8. The District's Standard Sanitary Sewer Detail Sheets should be renumbered in accordance with the index sheet (Sheet 36). The District's Standard Sanitary Sewer Detail Sheet has been renumbered Sheet 36. Please contact me if you have any questions regarding the revised submittal. Respectfully, Dan Dennison Project Manager ■■■■■RES URC E • ■ ■■■■ ■ ■■■■ E N G I N E E R I N G I N C. Mr. Fred Jarman E :: September 20, 2005 Garfield County Building and Planning Department SEP 2 2 2005 108 Eighth Street, Suite 201 Glenwood Springs CO 81601 CARE IE i;Ol,.iNTl'' `"BUILDING & PLANNING RE: Valley View Village Phase C & D, Final Plat Dear Fred: At the request of Garfield County, Resource Engineering, Inc. (RESOURCE) has reviewed the Final Plat submittal for Phases C and D of the Valley View Village PUD near Battlement Mesa. The submittal includes the plat and engineering drawings prepared by High Country Engineering. Inc. dated June 17. 2005. Our review is based on compliance with BOCC Resolution No. 2003-67, GARCO Subdivision Regulations, and standard engineering practices. Our comments are presented below. WATER AND WASTEWATER Water and Wastewater are provided by the Battlement Mesa Metropolitan District (BMMD). The water and sewer infrastructure design meets County criteria and is subject to final approval by BMMD. DRAINAGE The drainage plan appears to be consistent with the overall drainage concept and predevelopment patterns. The sediment and erosion control plan is adequate. SOILS The appropriate plat notes have been included to notify buyers of the design requirements for foundations and structures. The roadway design has incorporated the design recommendations for poor soil conditions as outlined by H.P. Geotech. Please call if you have any questions or need additional information. Sincerely, RESOURCE ENGINERING, INC. 75 Michael J. Erio-, P.E. Water Resource Engineer MJE/mmm 885-30.0 E:\Client\885\fj vvv phase c & d final plat 885.doc Consulting Engineers and Hydrologists 909 Colorado Avenue ■ Glenwood Springs, CO 81 601 • (970) 945-6777 Fax (970) 945-11 37 • A WestWater Engineering 2516 FORESIGHT CIRCLE, #1 September 9, 2005 GRAND JUNCTION, COLORADO 81505 (970) 241-7076 FAX (970) 241-7097 Bruce Smith, District Manager Battlement Mesa Consolidated Metro District P.O. Box 6116 Battlement Mesa, Colorado 81636 c. a=u:„,,, gdllii olo RE: Review Comments on Final Plans for Valley View Village, Phase C and D Dear Bruce, The following are our review comments on the final Plans for Phases C and D of the proposed Valley View Subdivision that were submitted to our office by Darter, LLC along with the Waterline and Sewer Line Extension Applications and Agreements on August 10, 2005. We were subsequently directed by the Consolidated Metropolitan District to review the Plans on behalf of the District. Our comments are exclusive to the water and sewer systems that the District will own and maintain. We have separated comments on the water system from the sanitary sewer system for ease of reference: Water Distribution System 1. The waterline should be looped for the entire length of Byron Loop to connect at both intersections with Cliff View Court. This will require a second tee and set of valves at the south intersection of Cliff View Court. The size of the waterline could also be reduced to 6 -inch diameter. 2. Since the waterline is proposed to loop back to the District's distribution system at two separate locations along Cliff View Circle and Gregory Lane it is not necessary to connect to the existing distribution system at the proposed third location in Valley View Drive unless it is deemed necessary by the Petitioner's Engineer, High Country Engineering (HCE). If HCE elects to provide this third connection, the existing valve shown outside the street right-of-way is to be removed with a note specifying that the connection is to be made with a "dresser" type coupling if necessary. There is also some question whether the valve shown is an existing valve or a proposed valve that is shown with a solid designation that would imply it is a proposed new valve. Also the as -built Plans for Phase A did not indicate that any valves were placed at the tee on the water main as shown on the Phase C and D Plans that should be field verified. 3. The note that a "dresser" type coupling may be required for connection to the existing waterline should also be indicated for the connection to the existing waterline in Cliff View Circle similar to the note shown for the waterline connection in Gregory Lane. Mwmwr.<UmplBwknxm M.s.t SmithR.Cw.C&D.wpd • • Bruce Smith September 9, 2005 Page 2 4. The water service lines to four-plex unit C1-4 should be relocated to the waterline along Byron Loop that will be extended in front of the four-plex as part of the requirement to loop the waterline along Byron Loop (see Item 1 above). 5. The street name for Byron Loop should be labeled on the Utility Composite Sheet 17. 6. The fire hydrant proposed between Lots 17 and 18 should be relocated to either Lot 28 or between Lots 27 and 28 so that the fire hydrant leg does not cross the sanitary sewer line. 7. The fire hydrant at the corner of Cliff View Circle and Gregory Lane should be relocated to the south so that it is along the side of the proposed handicap ramp rather than directly behind the ramp as shown. 8. The water service lines for all single family lots should be relocated so that they are a minimum of 10 -feet offset from the property lines. As presently configured they are 5 -feet offset. 9. The water service lines to Lots 21 and 22 should be relocated so that they do not conflict with the proposed electrical transformers (see also Item 8 above). 10. A note should be provided on the street Plan and Profile Sheets 13 and 14 to state that all fill material along Cliff View Court is to be placed to the street subgrade and compacted to 95% (AASHTO T-99) prior to installation of the waterline. 11. The inline valve along Cliff View Court near Lot 28 can be deleted since adequate valving is in place at the intersection of Cliff View Lane and Cliff View Circle to isolate the waterline. 12. The District's Standard Waterline Detail Sheet(s) will need to be included with the final Plans approved for construction. Sanitary Sewer Collection System 1. A note should be provided on the Utility Composite and Plan portion of the Plan and Profile Sheet 22 specifying the method of connection to the existing stub out from MH -A6. Per the Plans approved for construction for Phase A, the stub out alignment and grade is to be verified by the Contractor and the District Engineer to determine if it matches the proposed sewer line alignment and grade. If the alignment or grade differs from that of the proposed sewer line, the stub out is to be removed and the sewer line extended the full length from MH -A6 to MH -Bl. If this is required, the Contractor will obtain any necessary Utility Permit(s) from Garfield County for work within the Valley View Drive right-of-way. If the District Engineer approves the stub out, connection shall be made using a PVC bell -by -bell closure coupling. ,Ww„„Y..v...xOiatil,n�..n • • Bruce Smith September 9, 2005 Page 3 2. Existing MH -A6 should be shown with dashed lines in the Profile and noted as an existing manhole. The existing stub out should also be shown with dashed lines in the Profile. 3. The existing invert -out and invert -in elevations should be shown for MH -A6 on the sewer line profile. 4. MH -A6 should be stationed as 0+00 and all stationing revised accordingly. The District requires stationing to start at 0+00 rather than stationing starting at 1+00 as proposed. All stationing including sewer service taps in the reference table will need to be revised accordingly. 5. An equation station should be provided for tee MH -B3 with the station for the sewer line along Byron Loop starting at 0+00. 6. The deflection angle at MH -B3 between the sewer line along Byron Loop to the outlet sewer along Cliff View Circle appears to be at an acute angle (less than 90°) that the District does not allow. The alignment of the sewer line along Byron Loop should be revised and MH -B3 relocated so that the sewer line on Byron Loop is located in the center of lane. This may also require relocating MH -B9 to the center line of the street. As currently proposed it appears that the sewer line along Byron Loop is less than 3 -feet from the edge of gutter that also does not meet the District's Standards. MH -B10 should also be relocated to the center of lane. All of these items need to be met when realigning the sewer line along Byron Loop. 7. The inlet sewer at tee MH -B3 should be shown on the manhole profile. 8. The four sewer services for the four-plex unit Al -4 should be separated so that each service aligns with the proposed building plumbing service line from each unit. 9. The sewer service and water service reference table on the Utility Composite should be separated into two separate tables for ease of reference by the District rather than one common table. One table should be solely for sewer service references, the other for water service references. This was not required on Phases A and B but the District staff expressed their preference to have separate tables on future submittals for their ease of reference. 10. A note should be provided on Plan and Profile Sheet 22 to state that all fill material over the sanitary sewer line between MH -A6 and MH -B3 is to be placed to the finished street subgrade and compacted to 95% (AASHTO T-99) prior to installation of the sanitary sewer line. 1\Wwurve.n latt1.mni Mcm,1411a.l\milh NeveorK D.,d • • Bruce Smith September 9, 2005 Page 4 11. The match line reference to Sheet 19 on the Utility Composite should be removed since it does not apply to the project. In addition, all of the utilities in Phases A and B should be shown with dashed lines and existing appurtances (i.e. manholes and water valves) with open designations (i.e. open circle for manholes). Existing manholes should also be labeled on the Utility Composite Sheets 17 and 18. 12. The slope between MH -A6 and MH -Bl should be reduced to 0.45% to provide additional cover over the sewer line through the compacted fill areas at MH -B 1. This will also require adjusting the slope between MH -B2 and MH -B3. 13. The phase line between Phase B and Phase D should be designated to identify which lots were located within previous Phase B and clearly separates and distinguishes Phase B from Phase D. Phase B should also be labeled on the Utility Composite and Plan portion of the Plan and Profile Sheet 18 similar to labeling shown on Sheet 6 and referenced as previously constructed. 14. The Utility Composite match line between Sheet 17 and 18 should be moved so that all of the sewer line along Byron Loop is shown on either Sheet 17 or 18. 15. The sewer services to the four-plex unit B1-4 should be relocated so that they are oriented similar to the four-plex unit C 1-4 where two service lines are located within the courtyard between two units. This will better align the sewer services with building plumbing services rather than having four service lines located in the center courtyard of the four- plex building. 16. Sewer services to the single family lots should be relocated so that they are a minimum of 15 -feet offset from the property lines to avoid any encroachment upon neighboring lots for future maintenance of the service line. As presently configured the sewer services are approximately 5 -foot offset from the property line. 17. Stations for all sewer services should be shown on the Plan portion of the Plan and Profile Sheets for the District's ease of reference. 18. The slope between MH -B7 and MH -B8 does not correspond to the invert elevations and distance between manholes that should be revised to the appropriate slope. 19. The stationing on the sewer line profile title along Cliff View Circle (Sheets 22 and 23) notes that the stationing is from right to left that appears to be in error. Stationing in the Profile is left to right. 20. The term "PVC" should be included for each segment of sewer line between manholes shown on the Profile rather than just the term "8 -inch SDR -35." ,W.ve+.TveYenl. 1.1.mlX R. C€. CRI) *pd • • Bruce Smith September 9, 2005 Page 5 21. Directional flow arrows should be provided on each segment of sewer line between manholes on the Utility Composite and Plan portion of the Plan and Profile Sheets that are not consistently shown. 22. The vertical control benchmark and horizontal coordinate system should be specified and labeled on the Utility Composite and Plan and Profile Sheets for the District's future reference. 23. The District's Standard Sanitary Sewer Detail Sheet will need to be included with the final Plans approved for construction. The Plans should be revised to address the aforementioned comments to meet the District's Standards and Specifications and resubmitted to the District for further review. Due to the level of comments the District should also reserve the right to make additional comments on future resubmittals. We are also not sure what the status is on approval of the final Plat with Garfield County. The Plat should be approved by Garfield County prior to the District approving the Plans for construction to ensure the County's requirements have been met and the final Plat is recorded. 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 Carei, Grace Homes Ted Anderson, Battlement Mesa Consolidated Metro District ,Ww.xrveVmOlLnk a Alw1xiter.\\milARevem.D..wTMl • • SUPPLEMENTAL DECLARATION TO THE SUPPLEMENTAL DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR FOR VALLEY VIEW VILLAGE TOWNHOMES THIS SUPPLEMENTAL DECLARATION TO THE SUPPLEMENTAL DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR VALLEY VIEW VILLAGE TOWNHOMES ("Supplemental Declaration") is made and entered into this day of , 2005, by DARTER, LLC ("Declarant"). RECITALS WHEREAS, Declarant is the owner of Lots 23 and 24, Valley View Village, according to plat recorded in the office of the Clerk and Recorder of Garfield County, Colorado on , 2005 as Reception No. ("Phases C and D Plat") except individual units previously conveyed to others; and WHEREAS, a Master Declaration of Covenants, Conditions and Restrictions for the Subdivision was recorded in the office of the Clerk and Recorder of Garfield County, Colorado on December 16, 2003 at Book 1546, Page 979, Reception No. 643048 (the "Master Declaration"), and a Supplemental Declaration of Covenants, Conditions and Restrictions for Valley View Village Subdivision for Valley View Village Townhomes was recorded in Book 1630 at Page 263 as Reception No. 661556 (the "Townhome Declaration"); WHEREAS, Section 1.7 of the Townhome Declaration provides that additional lands within the Valley View Village Subdivision may be subjected to the Townhome Declaration by the Declarant; and WHEREAS, Declarant proposes to construct multi -family units on Lots 23 and 24; and WHEREAS, in making this Supplemental Declaration, Declarant reserves all of its rights specified in the Master Declaration and Townhome Declaration and does not waive or release any of those rights by making this Supplemental Declaration. NOW, THEREFORE, Declarant hereby declares that Lots 23 and 24, according to the Phases C and D Plat, shall be held, sold, and conveyed subject to the Townhome 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 Lots 23 and 24, 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 Townhome Declaration. All terms and conditions of the Townhome Declaration shall be applicable to Lots 23 and 24. All of the above Recitals are true and are incorporated into the terms of this Supplemental Declaration. I:\2005\Clients\Grace-1238\Documents\Supp Dec 23-24.wpd September 30, 2005 -1- • • 2. Effect of Resubdividing. Membership in the Association, and assessments levied by the Association as provided in the Townhome Declaration, after recording ofthis Supplemental Declaration, shall be amended to reflect the increase in the number of Units in Lots 23 and 24 caused by recording of the Phases C and D Plat, any additional amended townhome plats, 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. Common Areas. All areas within Lots 23 and 24 outside the building envelopes are designated as general common elements subject to a) the Master Association private access, ingress, egress, emergency access, utility and drainage easement known as Bryan Loop as shown on the Phases C and D Plat and as described on the Easement Deed recorded in the Office of the Garfield County Clerk and Recorder as Reception No. , and b) the Declarant's reserved right to file and record amended plats creating additional units, general common elements, and limited common elements for Lots 23 and 24. 4. 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. STATE OF COLORADO ) ss. COUNTY OF By DECLARANT: DARTER, LLC Terry Lawrence Acknowledged, subscribed, and sworn to before me this day of , 2005, by Terry Lawrence, of Darter, LLC. WITNESS my hand and official seal. My Commission expires: I:\2005\Clients\Grace- 1238\Documents\Supp Dec 23-24.wpd September 30, 2005 -2- Notary Public • • EASEMENT DEED THIS EASEMENT DEED made this day of , 2005, 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., Tract J, the buffer easement, and a private access, egress, ingress, emergency access, drainage and utility easement for Bryan Loop within Lot 24, as such easements and tracts are depicted on the Final Plat for Valley View Subdivision, Phases C and D, recorded in the Office of the Garfield County Clerk and Recorder on 2005, as Reception No. No development of any kind, including without limitation fences or any other improvements, shall be allowed within the easements. The easements 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. STATE OF COLORADO ) COUNTY OF GARFIELD ) by By ss. Darter, LLC Acknowledged, subscribed and sworn to before me this day of , 2005, as of Darter, LLC. WITNESS my hand and official seal. My Commission expires: I:\2005\Clients\Grace-1238\Documents\PhCD Easement Deed.wpd September 30, 2005 Notary Public Page 1 of 1 Please return to: Leavenworth & Karp, PC P.O. Drawer 2030 Glenwood Springs, CO 81602 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 CASSIA R. FURMAN LEAVENWORTH & KARP, P.C. ATTORNEYS AT LAW 201 14T1 STREET, SUITE 200 P. O. DRAWER 2030 GLENWOOD SPRINGS, COLORADO 81602 Telephone: (970) 945-2261 Facsimile: (970) 945-7336 crf@lklawfirm.com June 21, 2005 Fred A. Jarman, AICP Assistant Planning Director Garfield County Building and Planning Department 108 8th Street, Suite 201 Glenwood Springs, CO 81601 Re: Valley View Village, Phases C and D Dear Fred: 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) This letter supplements the enclosed application for Final Subdivision Plat approval for Valley View Village Subdivision, Phases C and D. Attached for your review are: (1) three (3) copies of the Final Plat and engineering documents; (2) the County's Subdivision Application Form; (3) the Second Supplemental Declaration to the Master Declaration of Covenants, Conditions and Restrictions for Valley View Subdivision in Battlement Mesa PUD; (4) draft Subdivision Improvements Agreement for Phases C and D with attached cost estimates; and (5) check in the amount of $200.00 satisfying Garfield County's requirement for Final Plat. We will forward signed mylar originals of the Final Plat upon approval by the County. Please do not hesitate to contact David or myself if you have any questions or comments related to this application. Very truly yours, LEAVENWORTH & KARP, P.C. Cassia R. Furman Enclosure cc: Terry Lawrence 1: \2005\CIients\Grace-1238\Letters\arman-2. wpd RE c E WED JUN 2 2 2005 GARFIELD COUNTY BUILDING & PLANNING IIHRINI113111111111 II "'11111111111111IIII 636574 09/15/2003 04:2 8 P822 M ALSDORF '1,of_8 R 0.00 D 0.00 GARFIELD COUNTY CO STATE OF COLORADO )ss County of Garfield L., L. 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. 2 00 3- 6 7 A RESOLUTION CONCERNED WITH THE APPROVAL OF A PRELIMINARY PLAN 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 I/, 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 1 11111111 0II11 ■uIII■ minis I..iii ■■ In•us•t iii minium mai u.i 636574 09/15/2003 04:24P B1518 8823 M ALSDORF 2 of 8 R 0.00 D 0.00 GAP" :L* NTY 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. 04, 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 ty 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. 1 IM•111 ■•111 ■.111■ ■I11■ .toll) ■■ 111�1��1 111 ■•i.. 1111 mai 636574 09/15/2003 04:24P B1518 $94 M ALSDORF of 8 'R •0.00 D 0.00 GARFIF 'Y 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. 7. The following geologic hazard mitigation measures shall be adhered, as well as Plat notes and in the Protective Covenants: The recommendations by Hepworth-Pawlak Geotechnical, Inc. ("HP V 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. 1MO.111 ■illi nuns ■ltil 1■.IH ■■ III.I..I 111 ■.iii ■1.1 L.I 636574 09/15/2003 04:24P B151 b825 M ALSDORF 4 of'8 R 0.00 D 0.00 GAF 7.L NTY CO 8. • 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. 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. Prior to the First Final Plat, the Applicant shall comply with the recommendations of the Garfield County Road and Bridge Department, 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 Depaitment: 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 drivewa s within the multi -family lots (i.e. Angelica Circle, Jessica Lane an 1 Milli caul ■UI1111 ■III■ IUUIII IN III■I■■I 111 11111 1111 1111 636574 09/15/2003 04:24P B1518 M ALSDORF 5 of 8 R 0.00 D 0.00 GARFIr ( 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. 1 4.1k 10. The project shall provide for 9 acres of Common Open Space (25% of 36 acres) (1.---' 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 j District, the Applicant shall address and provid written confirmation that the items scji 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 t' 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. 1 Ii•iu ■1111 ■uIII■ ■iii• 111.111 ■■ III■1■■1 111 ■Mil■ Mill 1■■1 636574 09/15/2003 04:24P B1518 P ' M ALSDORF 6 of 8 R 0.00 D 0.00 GARFIE C CO \�1 cia,D(44 14. 13. \' (./ C. • 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 teiuis 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. Soil Plan: i. The Revegetation Guidelines also request that the Applicant provide a Soil Management Plan that includes: a) b) c) Provisions for salvaging on-site topsoil. A timetable for eliminating topsoil and/or aggregate piles. A plan that provides for soil cover if any disturbances or stockpiles will sit exposed for a period of 90 days or more. 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. 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 �A 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. 1111!!111111 111111 111111 111111 11 111E111 111111111 1111 636574 09/15/2003 04:24P P"1811) 1 M ALSDORF 7 of 8 R 0.00 D 0.00 GARP. J .tY 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 penults 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 31 day of , A.D. 2003. 1 111111 11111 111111 11111 111111 11 11111111111 11111 1111 1111 636574 09/15/2003 04:24P 81.51 ?9 M ALSDORF 8 of 8 R 0.00 D 0.00 GHRF .D11. 4TY CO ,..';'0‘"1"1"1.146-. ATTES ': . P • GARFIELD COUNTY BOARD OF COMMISS dNE"ti S, GARFIELD COUNTY, COLO Cler 6f the $oard Upon motion duly made and seconded the fo following vote: John Martin Larry McCown Tresi Houpt STATE OF COLORADO ) )ss County of Garfield ) , Aye , Aye , Aye 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 PRELIMINARY CON:3TRUCTION PLAN DOCUMENTS FOR Vi'IIY VIS ;J�`�' weir rLL� G� , -, SITUATED IN SECTION 18, TOWN§ -HI TOWNS-HIp 7 SOUTH, RANGE 95 WEST OF THE 6TH FR F GARFIELD COUNTY, COLORADO BATLaM_ (NC) 1E11109 MBIA dII-10 s-- 6) H 0 z m 0 c .14 D o r o MINIM CLI F VIEW -CIRCLE (LDR) PROJECT LAYOUT SCALE: 1" = 100' VICINITY MAP SCALE: 1' - 2000' SHEET INDEX SHEET NUMBER Tm_E. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25 COVER SHEET PLAT - SIGNATURES PLAT - EXISTING CONDITIONS PLAT - MAPPING PLAT - MAPPING PHASING PLAN ZONING MAF' GRADING and DRAINAGE PLAN GRADING EARTHWORK SHEET VALLEY VIEW DRIVE - PLAN and PROFILE w/ BURIED UTILITIES VALLEY VIEW DRIVE - PLAN and PROFILE w/ BURIED UTILITIES ANGELICA CIRCLE and JESSICA LANE - PLAN and PROFILE w/ BURIED UTILITIES BRYAN LOOP, GREGORY LANE and CLIFF VIEW CIRCLE/COURT - PLAN and PROFILE w/ BURIED UTILITIES CLIFF VIEW LANE and CLIFF VIEW CIRCLE - PLAN and PROFILE w/ BURIED UTILITIES CLIFF VIEW CIRCLE - PLAN and PROFILE w/ BURIED UTILITIES MULTI -FAMILY PARKING AREA LAYOUTS - LOTS 26 and 46 MASTER UTILITY PLAN MASTER UTILITY PLAN MASTER UTILITY PLAN ROAD CROSS SECTION DETAIL SHEET SANITARY SEWER and MISC. DETAIL SHEET WATER and MISC. DETAIL SHEET STORM WATER DETAIL SHEET MISCELLANEOUS DETAIL SHEET LANDSCAPE PLAN OWNER: DARTER, LLC 786 VALLEY COURT GRAND JUNCTION, CO 81505 tele: (970) 523-5555 /-yam /��L�-OUA�TYY r^G/.YEER/NG.- �Illlll1/ ENGINEER: HIGH COUNTRY ENGINEERING, INC. CONSULTING ENGINEERS AND SURVEYORS 1517 SLAKE AVENUE, STE. 101 GLENWOOD SPRINGS, CO 81601 PH.(970) 945-8676 FX.(970) 945-2555 14 INVERNESS DR. EAST, STE. D136 ENGLEW00D, CO 80112 PH.(303) 925-0544 FX.(303) 925-0547 or P REL IMI NY 0 3/3/03 �iS IELtrain kaaren camnotookeonn .0 01.1.0 1.041 bk0 -acrywo .010 nco, .0.61on aoto.nor fa IMMO 0101.41.1.-i TWO 00Z9-1,15 Z961-ZZ6-008-1 00010100 ,40 141116.0 “010.06a1.00 1.1.110 TVS ONISVHd :311A co/c/c aiva Mr0 AB NOISIA38 3.LVO ON mra •s3a 010-06 MOW XV4 P190-06 (COC) 34314,1 zuce oo '000.4t3lOte 31.8 I.ev3 arm mamma n Sscmis (0IA) ILI-Sttl 3014.1 Kate 03 'somas 000mpano UZ 212'annexv mrrie as OFJI 'ONIU2JNION3 AbuNnoo HUH a_ STONE QUARRY ROAD ----. , • ,.. \ ' \ --1.11 r-- '''''''''' ''•- ,,. • • . . . ... . . ,. . , , . t.. ' I „..,- ' , 1 . • N \ \ '' --- -4 xi i I ? ----1 • 1 . / i I-- "\ \ ". • . \ N ., –__ –..... A>." I i ' / ,f , lot .. ; \ .„ • __ — //--- I i. 1 \ . , \ s u, \ \ ili -,..... _ '''''' .„.' .1/ I v i / 1 11 : .q "''.. (‘'. 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'k" -,1 ( • - ..,, \ - t,_.... ..' , 2 1 , < ___1------___ _ t, . „,.., \ .• • 1I •-\• \ ists • \ '•.' , FIVid ONISVH.1 and 'aoNfTlVt MBIA A3T1VA 00V/30103 ',u.N003 013138V0 '83.1.21V0 Li T- -r f \ " I F-tt‘ \ i \-1 t \ \ ' \ I / \\O •,.. , • \ \!, • - . . ..-,•.? „lr/ / - 1 I \ \------7'..T .‘4.-../.. ...----' , ,,,t , 1/•-,, 1 t r i- - 7,_i..............".... _ ‘/ . . \,... \ \.• ------; • t. . ' \ ' \ ..•III\ ll'i \ r / r., \ fl ( 6,- i \ ,., k 1 \ / , • ' • '-' '' M ) 1 1 I I 1 \ / ''' ; r 1-- ----7/ . • _ k, L ii ;\ I„, /A. .-u%1, " i • 7 ./ /: ' ' ,/ ,' / ,- . „, i .3 1 .; ,.. / / l / ' `-- 1 i / :. : ",.. -ss N ' ' , / / / / \_ \ ( l't \ 't - 1-, "' ') rIjis; /;)\'/: /'/ // //11)//, \ j I / -r \ , f ..• , ' ; \ \i fax / ) , ki.,,,,i )<, ,i ../ / (a, \ \ 1 - I ,‘,/ .00, ) , \ ,. t.c ii \`; I './ if , \ I 1 \ LO k A , , i y ' \\ 1 i \ ' \ , A \ , , p, L. .---•, / / / //,,, \ \ , \ \ \ ir \ \ i \ .1,i51,r5 1 \1,1 ‘ to • i , ' ',/1 i I 1 i ' A 1 \ .J? fi, ".." 'K. /,\,./ ./ ( 1 I ‘ \ , - -yr 1 l 1 I A "- NI ---- "./ -i- /7 - , \ \ \ \ \ --. j ,, \ \ ; ., \ .... VIEWLANE r_ D tD • et e'''PirCVM a r g — a NEN LIMN 11019 \ \d11 cs, „ 0 0 0 / //////// / ! ! N 5979'34 E V LLEY VI PRELIMINARY PLAT TILLAGE SUBDIVISION A PARCEL OF LAND. SITUATED IN SE1/4NW1/4 SECTION 18, T.7S., R.95W, OF THE 6TH P.M. COUNTY OF GARFIELD, STATE OF COLORADO SHEET 4 OF 4 \ J J - / N 897505' E. Z 20., LOT -25 8 075.596. 50. FT. t --' $ 0.355 ACRES ' g� 5 ! 2 SETS f / I 14 6028'24'6. ,2�Ir 4- n a" 13'-UAITY �E - EASEMENT �'"1 1 ilia ,J 1. Pi'. a g 4. LOT 24 / i g s iJ;E o= g_5 ¢: 2 UMTS / ° o . 14 . 00'34 E m ?D.J. 110.15' - 1.17 __.-- _ wain (7.°"°', / g OCR LOT 20 BEARS 350'48'01'7 al 23135• 100' up --r 0 L149R.T 14 29'4400• 5-"••••..- - ` • PPPIATE ACCEDE NOM. 8.1 EGRESS EMERGENCY ACCESS. MEM. 4403 DRAINAGE EASEMENT b I ' ••°0ENTEx+E 15 S0' OAS LOS EA06T REF 540.. 221322 TO OE VACATED N 0577007 "7 FLOOR 1t l LIE \ SEE 4401E 15 TRACT (OPEN SP 131.405 3Q.. 17�� 231.30' �• L50 ��SE COR.LDT 46- \_.__ 9EAR5 STr30'01'E 4 W6i5 \! 885.37' LOT N -- N. -BEARS ss45aS5 E` Ts \.\ \\, .515}7' „Y \1213 / 2144 D6.RGENCV ...7 ACCESS EASEMENT \ EASEMENT1-24 9 1145,.. 5E .COR LOT 28 El BEARS 34425'54'7 -'-' 35.36' AKIEFER ST LOT 23 0 15010.30. ET.t „• $ 0.356 ACRES: 2-14 NNS 10.0' GOOd- 20.9• 214 n l a I �iEf 9915'54' E •- 120.18' T 4A Lox 22 100101 80. ET. t I 0.246 ACRES t II. N O'23$4'E' 120.12 , i Ci LOT 21r11- / 0015 SQ.:FT. t $ ' $ % 0.7m AaES 4 14497: rs4 y N 501054' E • C 19012 l i ' ^^ ' LOT 20 "', Cap I $ " a Ams* 14$0 ? •a C) / IG ri I ' X33-, 4 '14511' GREGORY,LANE 1 {S9!QaT. LDT Ze 170.11' -fin 7F TO SM Calx Po� •BuaD9a ENVELOPES 140.11• i 4, 110.00' / 35.11 13' 14)054 T \ p.i LOT 34. � 8.741 SQ. ET. t , 8. 8a SE . sc. rr. t A 27 8..200 MLAO t 8'199 ACRES t {� NOTE %17 4401E /13. r N 09'522,'7 220.01 \y �\\ J V ., \\\°0 4' 47 PIOVATE NOES7. \�\ \\ \• . �7' / mess 44413 A99Q \'\ UTLITY. 4466'08601 02000594T' \5' . MEWS MOM '''1 ' PRIVATE AIXLS5. MESS. EGRESS`:COMCY ACCESS. i / U1lfTl' Md • FA�4QFr SEARS CDRLOT f .7 .' 5 / tars SE CCR L0T 26 W9` BEARS 572]8'07N1� G / 153. 8 is _, r N 9925'54' E 12020 LOT 19' 10.06.1 510 87.2 0.231 0421125 t 8.S N \ .. 17'7 7p.Li ' 2" • •LOT 18\ $,\ 13,077. 98. Ft: t 0. � 11305 AERIES * b • \ 44 . ;s s '.-j s // 9. Q -yd\ l 11001 LOT '29 7.700. 50. FT. 2 0.170 ACRES* N 8'5221' w 119.01' \ LOT 30 7.622 SQ. FT. t 0.174 AM.N-S * K \ 33.72 9 058 �1O'd LOT 35 9.179, SQ. FT. t s • 0.210 ACRE21 j-• id UTCtTY LAMENT N 9918'21. 7 110.00 i LOT 32 7,700 50. FT. 2 0.176 AGES t \ 220.01• „090 4 LOT 31 8.600 S0. FT.2 0.101 ACRES* six NOTE /17 b ,143 1d UTILITY d! `(1 EMINENT _..L_. 11001' r 11 194.1.71. Ls 151 5 esonr 10' 01.120 76.00 75.00 7 jt__noo• ; ok LAsodurr „, ,20.(90' LO7' 36 .....„1/24/4 8.1/204 ACRES t N 905421' 7 12cLca LOT 37 x'8.040. SO. FT.* 0.164 ACRES* 12003' • 90.00' 8 IDRELOPE O I 11S/' . >E COR LDT"N C ieARs SNI -48.20"E ~, 4Y'r��Fl 5 r 40' PRIVATE ACCESS. 4406.55. ECM= EMERGENCY ANO MANAGER SENT J s COR LOT. N NEARS 551171'25'E 401.56' 208, LS 10.32' 5 5014'20- W 1.19 67.16' N 0972'54' F L45 60.17 5 2251'16' W LINE TABLE L6 N 62'4727' W 1.20 3493' 5 00'34'08' E 1.46 9597 N 670244' W UNE LENGTH BEARING L7 15.94' 35.36' 54 2708'44" W 1.21 51.40' 5 7013'14' W 147 L412 1.49 50.17' 134.00' 60,17 N 225116' E N 6708'44' w N 225116' E L2 57.39' N 0029'46' W LB 2828' 567'51'16' W 122 98.62' N 702318' E 5,3 26.00' S 8915'54' W 19 20.28' N 2201544' w 123 87.85' 5 197032' E 150 L51 134.00' 50.17 N 970644' W N 223116' E L4 43.14 5 220816' E 110 25.13' 5 5014'20' W L24 75.25' 5 091554' W \ ` L11 8559' 5 2n2'39' w L23 91,20' N 00'34'06' w - ".. 5 112 139.98' 5 0079'46' E L26 92.40' N 8975'54' E 1.52 9038' N 9759'44' W \' \ ` 1.13 187.22 N 271239' 0 127 69.06' 14 00 W 74'06` 153 7.20' N 2859'50' w " " \ �' L14 100.25' 5 8915'54' W L28 75.56' N 6708'44' W L54 80.75' 5 271239' W Lia 51.40' 5 701314' w L29 50,47 N 001459" w L55 84.25' N 6708'44' W ,, \ \ \ L16 154.71' N 892554' E L30 70.29' 5 895014' W 4.56 15,77 N 2208'44' W ..2445ee. . •.... 1,17 90.47 5 8915'54" W 131 68.82' 5 0019'46' E 137 74.23' 14 271739' E \ \ y \ \ - 1,18 96 52' 1 00'34'06' W L32 92 81' 5 6950'74' w L58 5281' N 82'4721' W \ \ b\ \ 133 103.06' 5 0019'46' E 159 103.53' N 271239' E \ L34 92.81' $ 99'30'14'•W L60 92.81' N 624721' W \ 4' \ \ 5,j L35 10306' 5 0079'46' E 161 103.53' N 2712'39' E , \ \\ S t \\ \ \ \ •\ \ \ ` L36 L37 95.97' 94.81' N 6708'44' W N 225118' 0 L82 L63 1.64 103.53' 9281' 103.53' N 2712'39' E N 524721' W 5 2712'39' W \ L38 95.97 5 6708'44' 0 \ --� \ \ \7' `�" \\ L39 94.81' 5 2251'16' W 165 9281' N 62'47'21' W ` \ aa s 140 134.00' N 8700'44' W L86 108.25' N 2712'39' E M ' y \ \\ Ari\ L41 60.17' 14 225116' 0 L67 36.72' 5 42'47'21' E , \ 'a • \ 1142 134.00' 5 6708'44' E 1.58 9.24' 5 5014'20' W _ ....7„,...,"\ \,..,„ \ J5, 4f �\ 143 80.17' 5 225115' W L69 41.86' S 2712'39' W • K_ \8 "'4(tJ• \ \\ L44 95.97 N 575644' W 1.70 92.81' N 624721' W (T1FaIL)\ N \ \ NETS \ _ \. \ \ , ' y�1 LOT 46 6` \l°>o- 8\\\ • 152. 50. FT..2._ \ \ _ \ •\ 00- } '-•/ _ \N ` `„'-_ \2. \ L71 8082' N 6300'70' F L72 49 20' 5 2639'50' E L73 17.63' 5 6708'44' E L74 59.00' S 2712'39' W L75 9.24' 5 5014'20' W 7 . " SE CM 1.01' 44 541-2734'E - 737.22 • 1192030 4 1754113',.... • / TRACT E (OPEN SPACE) 46,867. 50. FT. t 1.070 AMES 4 ,. LOT 46--- \\" \ \7 ." PRCPO8ED 50' NOE'� 9' 208,65$.30. PT.* \\.,.,,. '^-\ 719 04004 (1 / '.4.700 ACRO 2 J ` 40• PRIVATE ACk3S. "7 54/ .. UNITS" / 'LC5RS3 ENFNf8'NL.'LJ.O .JA L- ax _ 1717t7TY. No�MINAOE F'A7HE M s COR LOT N - 1 ...._. 56.058. 574'445,4 _I -- 251.30'-' UNITS i \, \ \ \\� '. N 909400. \ MATCH \TO\SHEET 3 1� „ b.. -r s 000.1 f 46 _EEGRESS Dm004 Y A0205, 1456.055 Ss1'{T3o'E UTILITY, TO OPANACE EASEMENT i - 378.57 l0' UI UTY s WR LOT 46. .__EASSp1T BEANS 58.7;43'13'7 120.15 54 005221. 7 lart SEE NOTE #17 0.00 ACRID 7. 0.176 ACRO 10 trTurr EASEMENT 70.02 -CUFF VIEW -CIRCLE ;„ 74692 / -600342221 Mem Redly 176192.4d--"- mom RAW UNE • • WIDE: KONOINO T3 MOW, UV VW WET WM. MT LEW ,..626 WED WON ANY DEFECT IN MS SLITTC WITHIN loccE1 Mhos AFT6 YOU F1161. DISCOYEN WED, IN NO MIR SW on ACT,. now TIE DATE 6 6NTIFIcoc16 6,704 HENECT. 24 75.00 70.00' 577.00 05 12734' 3 9930'14 w 12730 470.00 69.07 7000' 9234' N s�`'' 12003. 9E17. * itf 0.202 ACRE5 * C1265 ACRES 0- 10' USUTY EASIDADIT 34.20 EASIEO5ED \ • , OM -1M 6.05666.447 • L _._- 06S5NOFA51.9606..9 :Ir OULDINC _E -- � AiU1915 SE OOP LOT 46 64529'23''E �E30 21.21' 103.214' 4 > \\•or ;74 4 33 TO ROAN CLPF ORME 135.32 .0.313 ACRES 2 2 170 min. wow cans t. mo *ems PALMED ..„,,r 20.0. 0.250 ATES 2 10' U111417 LEGEND 1203150 9:525 -MIS ISSUE BOUNDARY LINE 0813P0500 BUILDING DNELOPE SHEET MATCH LINE CENTERLINE EASEMENT/R.O.W. SECTION LINE BUFFER 0ASEMOIT P.O. Box e000 meant woo, co alm mow .; PH.(970) 945-111%%70) 945-8676 FX.(303) 925-F05003) 925-0547 FX.(970) 945435P70) 945-2555 ;OPEN SPACE WRIER EASDIDD CURVE RADIUS LENGTH CURVE TABLE BEARING CHORD DELTA 03 270.00' 29332' 278.90 66.591 129 30' 274225' 05 270.00' 20101r E 391045' Ca 270.00' 07 ca 98.97 451814' g 150.02 20.57' 19 8050'07" E 134.16' 75.29' 35,1 14 7038'49' E 200.00' 300.00' 260.57 144.90' 300.00' 5319'55" E 95.14' 021 50.31' 555720* 50.23' 41.97 240.00' 116.06' 761814' E 154.93' 300.00' 145.07 73.96 14165 27'42'25' 157.99' 500.92 1 42.07 150.00' 003947" E 150.00' 700.00 11.42 06.0002- E 125,09' 77'25'49' 032 22.20' 44.92' 16 50' 337002 035 5500' 26.02' 8771000" E 47.04' 5.62' 11.17 67.89' C39 75.00' 117.03' 451814' E C40 1191412* 58.91' C42 27.841 54.34' 203007' E 2515'03' C44 25.27 14.201 125729' 14 4014817' W 77.46 6000 3014'15' W BB 05' 54.03' 60.00' 14 3214732' 01109.82' 13271502 N 111411' w 46.72 175.00' 051 175.00' 30.07 511012' E 225.00' 44.151 0.29' A/ 220234' w C59 33.03' 64,92' CSO 240.00' 564,11' 85.41' 201017" E 20.37 54 354379' E 39.92' 033 129 89' 065 52 00' 30.50 15.72' 85,00' 27.98' 21 0512105" 0 53.16' 1.33' 0512 207110' E 70.00 17,32' 11 827030" E 141247" C72 225.00' 70.40 47,91' 114.57' 15,30' N 324379' 31.94' 25' OAS ANO CPEN WWI SUFFER EMEMDIT 2407-083-00-112 Battlement Mesa Realty Partners P.O. Box 6000 Battlement 14sea, 00 81836-8000 imt 3/3/03 PACE 5 VALLEY VIEW SOHO ON SUBDIVISION IMPROVEMENTS AGREEMENT (Valley View Village Subdivision - Phases C and D) THIS AGREEMENT is made and entered into this day of , 2005, 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 Phases C and D in Battlement Mesa P.U.D., and legally described as Tract F and Tract G, 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 Phases C and D in Battlement Mesa P.U.D., a Subdivision of Tract F and Tract G, Valley View Village Subdivision in Battlement Mesa P.U.D." I:\2005\Clients\Grace- 1238\Agreements\SIA-Phase CD-4.wpd December 7, 2005 1 After recording please return to: Leavenworth & Karp, PC P. O. Drawer 2030 Glenwood Springs, CO 81602 "Plat Documents" means the Construction Documents for Phases C & D, Valley View Village, P.U.D. prepared by High Country Engineering under Project No. 2021056.00, dated May 27, 2005 and also including the Final Plat. "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 fmal subdivision plat recorded as Reception No. 643044. "Phase B" means the property contained with the final plat recorded as Reception No. 662272. "Phases C and D" means the Subdivision or the Property. "Future Phases" means Lot 47 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 Phases C and D 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 Phases C and D 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 Phases C and D of the Subdivision; C. All laws, regulations, orders and resolutions of the County and all affected special districts; I:\2005\Clients\Grace- 1238\Agreements\SIA-Phase CD-4.wpd December 7, 2005 2 After recording please return to: Leavenworth & Karp, PC P. O. Drawer 2030 Glenwood Springs, CO 81602 D. All designs, maps, specifications, sketches, and other materials submitted to and approved by any of the above -stated governmental entities; 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, Phases C and D; (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 record 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 with respect to the installation of the Improvements. 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 $584,279.30, representing the full estimated cost of completing the Improvements, including a sufficient contingency, minus $69,000, the cost of Improvements already completed as of the date of execution of this Agreement, i.e. $515,279.30, as set forth and certified by Owner's certified engineer on Exhibits A and B attached hereto and incorporated herein by this reference, minus security for revegetation ($6,000.00), 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 licensed 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 I:\2005\Clients\Grace-1238\Agreements\SIA-Phase CD-4.wpd December 7, 2005 3 After recording please return to: Leavenworth & Karp, PC P. O. Drawer 2030 Glenwood Springs, CO 81602 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 ofthe Owner or the financial institution issuing or confirming the Letter of Credit, prior to acceptance of the Improvements, then the approval of the Final Plat shall be deemed null and void and this Agreement shall become void and of no force and effect and the Final Plat shall be vacated pursuant to the terms of this Agreement. B. Partial Releases of Security. The County shall release portions ofthe 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 record 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. I:\2005\Clients\Grace- 1238\Agreements\SIA-Phase CD-4.wpd December 7, 2005 4 After recording please return to: Leavenworth & Karp, PC P. O. Drawer 2030 Glenwood Springs, CO 81602 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 amount of $6,000 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 Letters 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 Phases C and D 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, except for Bryan Loop, which shall remain a private road but with dedicated public easements for utilities and emergency ingress and egress. Bryan Loop shall be conveyed to the Valley View Village Homeowners' Association at the time of the recording of the Final Plat. 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 $875.05 have been paid upon execution of this Agreement as required by the Preliminary Plan Approval. Additional traffic impact fees in the amount of $23.65 per lot or residential unit shall be paid at the time of application for a building permit for such lot or unit. I:\2005\Clients\Grace- 1238\Agreements\SIA-Phase CD-4.wpd 5 December 7, 2005 After recording please return to: Leavenworth & Karp, PC P. O. Drawer 2030 Glenwood Springs, CO 81602 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). Pursuant to the subdivision improvements agreement for Phase B, Owner has a credit of 1.591 acres of open space from Phases A and B to apply to Phases C, D, and the Future Phases. Phases C and D comprise a total of 7.007 acres. Thus, the total open space requirement for Phases C and D is 1.752 acres. Phases C and D include open space equal to 0.213 acres in Tract I, 0.132 acres in Tract J, and 0.454 acres in the open space buffer areas which count as additional open space, for a total of 0.799 acres. This amount, plus the credit of 1.591 acres, satisfies the open space requirements for Phases C and D and leaves a credit of 0.638 acres for the 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 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. Multifamily Platting Process. Under the Preliminary Plan, the County previously authorized the resubdivision of the lots shown on the preliminary plan as Lots 23, 24, 25, and 26 into a total of 24 multi -family units. The lots shown on the Preliminary Plan as Lots 23-25 have been combined into a single lot shown as Lot 23 on the Final Plat, and Lot 26 as shown on the Preliminary Plan is now Lot 24 on the Final Plat. The total acreage and density within these lots remains the same (24 multi -family units), although the Owner has elected to construct all of the units in four-plex buildings instead ofa combination of duplexes and six-plexes. The County finds that this modification is not a substantial change to the Preliminary Plan, and it is therefore approved. Before any individual dwelling unit in such multifamily buildings may be conveyed into separate ownership, Owner shall submit amended final plats depicting the actual ownership boundaries of each unit within each building. Such plats shall be based upon as -built surveys of the foundations of the buildings if the unit boundaries are defined in reference to party walls or, if applicable, based upon airspace surveys of the units after construction has been substantially completed if the boundaries are defined by airspace. No individual dwelling unit within any I:\2005\Clients\Grace- 1238\Agreements\SIA-Phase CD-4.wpd December 7, 2005 6 After recording please return to: Leavenworth & Karp, PC P. O. Drawer 2030 Glenwood Springs, CO 81602 multifamily building shall be conveyed into separate ownership until the multifamily plat depicting such unit, as well as the declaration of covenants, conditions and restrictions defining the rights and duties associated with the ownership of each unit, have been approved by the County and recorded in the Office of the Garfield County Clerk and Recorder. The multifamily plats shall be processed by the County in accordance with this Agreement and the procedures and requirements of Section 5:00 of the County Subdivision Regulations. 12. 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. 13. 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. 14. 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 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. 15. 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. 16. Recording. Upon execution and authorization by the County, the Owner shall record this Agreement in the Office of the Garfield County Clerk and Recorder. 17. 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. l:\2005\Clients\Grace-1238\Agreements\SIA-Phase CD-4.wpd December 7, 2005 7 After recording please return to: Leavenworth & Karp, PC P. O. Drawer 2030 Glenwood Springs, CO 81602 18. Amendment. This agreement may be amended from time to time only in writing and signed by all parties hereto. 19. 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 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: John Martin, Chairman ATTEST: Clerk to Board I:\2005\Clients\Grace- 1238\Agreements\SIA-Phase CD-4.wpd O December 7, 2005 8 After recording please return to: Leavenworth & Karp, PC P. O. Drawer 2030 Glenwood Springs, CO 81602 STATE OF COLORADO ) COUNTY OF GARFIELD ) ss. Subscribed and sworn to before me this President of Darter, LLC. (SEAL) My commission expires: I:\2005\Clients\Grace-I 238\Agreements\SIA-Phase CD-4.wpd December 7, 2005 DARTER, LLC By: Terry Lawrence, President day of , 2005 by Terry Lawrence as Notary Public 9 After recording please return to: Leavenworth & Karp, PC P. O. Drawer 2030 Glenwood Springs, CO 81602 02/21/2007 14:45 9702538020 • 115 RANK PAGE 02 IRREVOCABLE STANDBY LETTER OF CREDIT Reference #: 863 Date of Issue: January 19, 2006 Beneficiary: Board of County Commissioner,. r Garfield County ("Beneficiary" or "BOCC") 10$ E. 81b Street, Suite 213 Glenwood Springs, CO 81601 ACCOUNT PARTY: Grace Homes Construction, Inc and Darner, LLC We hereby open an. Irrevocable Standby Letter of Credit No, $63 , for the account of Grace Hones Construction and Darter, LLC which is available for payment against Beneficiary Draft(s) at sight, drawn on WestStar Bank, in favor of the above identified beneficiary far any sum or sums not exceeding a total of $6,000.00 (Six Thousand dollars and 00/100). Partial draws on this Letter of Credit ate permitted. Scope of Work: Vegetation This letter of credit expires at WestStar Bank, at 5:Q0 p.m. Mountain Standard Time on January 19 , 200 8 . This letter of credit is for an agate total of U.S. Dollars $ Six Thousand Dollars and 00/100 Cents in U S.Dao ar t nnot to exceed a Draft submitted must be accompanied by the following documents: 1 • Beneficiary's signed statement executed by the Chairman of the BOCC or their authorized designee stating: a. HgSes C UC 0 developer of -�'� Darter LLC p _Kelley View Village Subdivision [P.U.D.] is indefault of its obligations set forth in that certain subdivision improvements agreezneat between Grace �Iotnea Cor�ntctio.n c. and Darter, LLC and the BOCC, dated and recorded as Reception Number in Book at Page of the Real Estate Records of the office of the Garfield County Clerk and Recorder, 2. 'The original letter of credit for endorsement. Drafts must be marked under: Drawn tinder West$ ar Bank, Page 1 of 2 02/21/2007 14:45 9702635020 I_I; BANK PAGE 03 • Irrevocable Standby Letter of Credit Number 863 This letter of credit must be returned to us for cancellation with a statement signed by the Beneficiary stating: "This Letter of Credit" is no longer required by the BOCC and is hereby returned to the issuing bank for cancellation" We hereby agree to honor each draft drawn in compliance with the terms of this letter of credit if presented, together with the documents above specified, to WestStar Bank, 2448 F Road Grand Junction, Colorado 81505 on or before the date of expiration identified above, The BOCC shall authorize periodic reductions in the face amount of this Letter of Credit so that the revised face amount shall be evidenced by a separate Reduction Certificate, approved and executed by the BOCC or their authorized representative. This letter of credit is issued subject to the uniform customs' and practices of documentary credit (1993 Revision), International Chamber of Commerce Publication Number 500 and the Uniform Commercial Code at Section 4.1.101 et seq., C.R.S., as amended. WestStar Bank By , ,- Name Richard K, Broyvi2 Title Retzoxai Prejidettt Page 2 of 2 02/21/2007 14:45 Reference #: Date of issue; 9702538020 • II; BANK IRREVOCABLE STANDBY LETTER 861 January 10, 2006 pate Received: • Fort #: /y' Loan It: File Name: File Tab: Le Initials; OF CREDTI' FADE 04 Beneficiary; Board of County Commissioners of Garfield County ("Beneficiary" or "BOCC") 108 E, ate Street, Suite 213 Glenwood Springs, CO 81601 ACCOUNT PARTY; Grace Homes Construction, Inc and Darter, LLC We hereby open an Irrevocable Standby Letter of. Credit 1`(o, $61 , for the account of Grace Homes Construction and Darter, LLC which is available for payment against Beneficiary Draft(s) at sight, drawn on WestStar Bank, in favor of the above identified beneficiary far any such or sums not exceeding a total of $515,279.30 (Five Hundred Fifteen Thousand Two Hundred Seventy Nine dollars and 30/100), Partial draws ort this Letter of Credit are permitted. 'This letter of credit expires at est$tar Bank, at 5:00 nim Mattntain Standard Tirrie ori January 0 200 ? total of U.S. Dollars $ Five Hundred F (keen Thousand, Twp Hundred �Sevcnty Nide . This letter of credit is far an aggregate amount not to exceed a Dollars and 30/100 Cants in U.S. Dollars. Draft submitted must be accompanied by the following documents: Beneficiary's signed statement executed by the Chairman of the $OCC or their 1. authorized designee stating: a- Grace limes Co ction Inc. and D r+er. , developer ofle ew 71a a Subdivisi on [P.U.D.} is in default of its obligations set forth in that certain subdivision improvements agreement between Ciace Homes Construction Inc. and Dartj,J,LC and the BOCC, dated and recorded as Reception Number in Book at Page of the Real Estate Records of the office of the Garfield County Clerk and Recorder. 2. The original letter of credit for endorsement. Drafts must be marked under: Drawn under WestStar` _Bank, Page 1 of 2 02121/2007 14:46 9702638020 lmmlIMMEmk s I_IS BANK Irrevocable Standby Letter of Credit Num her $g! This letter of credit must be retut'nod to us for cancellation with a statement signed by the Beneficiary stating: "This Letter of Cr+:dit" is no longer required by the BOCC and is hereby returned to the issuing bank for cancellc.tion." We hereby agree to honor eact, !raft drawn in compliance with the terms of this letter of credit if presented, together with the documents above specified, to WestStar .Bank, 2448 F Road Grand Junction, Colorado 81505 on or before the date of expiration identified above. The BOCC shall authorize periodic reductions in.the face amount of this Letter of Credit so that the revised face amount shall be evidenced by a separate Reduction Certificate, approved and executed by the BOCC or their authorized representative. This letter of credit is issued subject to the uniform customs and practices of documentary credit (1993 Revision), International Chamber of Commerce Publication Number 500 and the. Uniform Commercial Code at Section 4.1.101 et seq., C.R.S., as amended. est tar 13y Name Rich IC. Brown Title Regional$resident Bank Page 2 of 2 PAGE 05 ACKNOWLEDGMENT OF PARTIAL SATISFACTION SUBDIVISION IMPROVEMENTS AGREEMENT KNOW ALL MEN BY THESE PRESENT that: See WHEREAS, Darter, LLC (hereinafter "Owner") entered into a Subdivision Improvements Agreement (SIA) with the Board of. County Commissioners of Garfield County, Colorado (hereinafter "Board"), recorded in Book 1754 at Page 986 as Reception No. 688326 of the Garfield County records on December 14, 2005, for the improvements of Phases C & D of Valley View Village Subdivision; and WHEREAS, an irrevocable Letter of Credit was delivered to the County in the amount of $515,279.30 in order to secure the subdivision improvements to be constructed by the Owner as required in the SIA; and WHEREAS, the obligations of the Owner have been partially satisfied, as verified in the attached statement from Chris Hale, Mountain Cross Engineering, Inc dated January 3, 2007, that certain work has been completed consistent with improvements described in the Subdivision Improvements Agreement. NOW THEREFORE, at the request of the Owner 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 and the Board for the ninth release of security in the amount of $60,070.55 for work completed consistent with improvements described in the Subdivision Improvements Agreement leaving a balance in the irrevocable Letter of Credit of $25,320.75. STATE OF COLORADO )ss COUNTY OF GARFIELD ) By: Chairman The foregoing instrument was acknowledged before me this 15`" day of January, 2007, 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 January 3, 2007 RECEIVED JAN 0 9 2007 GAF FIELD COUNTY BUILDING & PLANNING Mr. Fred Jarman Garfield County Planning 108 8th Street, Suite 401 Glenwood Springs, CO 81601 MOUNTAIN CROSS ENGINEERING, INC. CIVIL AND ENVIRONMENTAL CONSULTING AND DESIGN RE: Security Reduction No. 9 for Valley View Village, Phases C and D Dear Fred: It is the purpose of this correspondence to inform you that the work is substantially complete for Valley View Village, Phase C and D. Only the following items remain and are scheduled to be completed in the spring of 2007: • Drill Seed and Hydromulch: $6,000.00 • 2" Asphalt Offstreet Parking: $3,115.00 • Street Light Poles: $15,000.00 The remaining items to be completed total $24,115.00 in estimated construction costs. If a 5% contingency is retained on the costs of the above items, the total would be $25,320.75. In the professional opinion of Chris Hale, as a professional engineer licensed in the State of Colorado, #35964, and a representative of Mountain Cross Engineering, Inc, the total amount of security could be reduced to the above total amount. The previous security, less previous reductions should be $85,391.30. This amount less $25,320.75 would reduce the total security amount by $60,070.55, leaving the total amount of security at $25,320.75. Feel free to call if any of the above needs clarification or if you have any questions or comments. Sincerely, " Mountain Cross 1yyyLngineeOng, Inc. Ehris Hale, PE v Attachments C: Mr. Chad Hensley, Grace Homes Mr. David McConaughy, Garfield & Hecht 826 1/2 Grand Avenue • Glenwood Springs, CO 81601 PH: 970.945.5544 • FAX: 970.945.5558 • www.mountaincross-eng.com Valley View Village Phases C and D OPINION OF PROBABLE COST for Security Reduction January 3, 2007 Description Quantity Units Price Cost Percent Complete Remaining Cost Grading and Earthwork Mobilization 1 LS 20,000.00 $ 20,000.00 100% $ - Earthwork 1 LS 70,000.00 $ 70,000.00 100% $ - Topsoil Stripping and Stockpile 1 LS 10,000.00 $ 10,000.00 100% $ - Drill Seed and Hydromulch 1 LS 6,000.00 $ 6,000.00 0% $ 6,000.00 Erosion and Sediment Control 1 LS 5,000.00 $ 5,000.00 100% $ - NPDES Permitting 1 LS 1,500.00 $ 1,500.00 100% $ - Traffic Control 1 LS 1,000.00 $ 1,000.00 100% $ - 3" Asphalt 4407 SY 10.50 $ 46,273.50 100% $ - 2" Asphalt Offstreet Parking 356 SY 8.75 $ 3,115.00 0% $ 3,115.00 9" Class 6 ABC 1590 CY 38.00 $ 60,420.00 100% $ - 2'-6" Mountable C&Gutter and 4' Sidewalk 1822 LF 28.00 $ 51,016.00 100% $ - 2'-6" Mountable Curb & Gutter 911 LF 16.00 $ 14,576.00 100% $ - Concrete Cross Pan with Aprons 1035 SF 5.00 $ 5,175.00 100% $ - Handicap Ramp 7 EA 1,100.00 $ 7,700.00 100% $ - Class I Ground Sign 3 EA 200.00 $ 600.00 100% $ - Subtotal = $ 302,375.50 $ 9,115.00 Potable Water 8" C900 Water Line 1296 LF 22.00 $ 28,512.00 100% $ -. 8" Gate Valves 8 EA 1,120.00 $ 8,960.00 100% $ - 6" C900 Water Line 40 LF 20.00 $ 800.00 100% $ - 3/4" Water Service 35 EA 900.00 $ 31,500.00 100% $ - Fire Hydrants 4 EA 3,900.00 $ 15,600.00 100% $ - Connect to Existing Water Stub 3 EA 1,150.00 $ 3,450.00 100% $ - Subtotal = $ 88,822.00 $ - Sanitary Sewer 8" SDR 35 Sewer Line 1254 LF 28.00 $ 35,112.00 100% $ - Sewer Manhole 10 EA 2,600.00 $ 26,000.00 100% $ - Connect to Existing Stub 1 EA 1,150.00 $ 1,150.00 100% $ - 4" Sewer Service 36 EA 700.00 $ 25,200.00 100% $ - Subtotal = $ 87,462.00 $ - Miscellaneous Construction 4' Shallow Utility Trench 1357 LF 6.00 $ 8,142.00 100% $ - 4" Electric Conduit Installation 1357 LF 1.50 $ 2,035.50 100% $ - 4" Telephone Conduit 1357 LF 3.00 $ 4,071.00 100% $ - 2' Shallow Utility Trench 554 LF 3.50 $ 1,939.00 100% $ - Transformer Vault Excavation 6 EA 250.00 $ 1,500.00 100% $ - 4" Conduit Sleeving @ Roadway Intersection 227 LF 4.00 $ 908.00 100% $ - 6" Conduit Sleeving @ Roadway Intersection 227 LF 4.00 $ 908.00 100% $ - Demolition 1 LS 2,000.00 $ 2,000.00 100% $ - Street Light Pole 10 EA 1,500.00 $ 15,000.00 0% $ 15,000.00 Survey 1 LS 16,000.00 $ 16,000.00 100.00% $ - Subtotal = $ 52,503.50 $ 15,000.00 Subtotal = $ 531,163.00 $ 24,115.00 5% Contingency $ 26,558.15 95.46% $ 1,205.75 2 1/2% Construction Testing $ 13,279.08 100% $ - 2 1/2% Bonding $ 13,279.08 100% $ - Total = 584,279.30 $ 25,320.75 1. Costs are based on the Engineer's Estimated Construction Costs Prepared by High Country Engineering, Inc. on 12/07/05 (attached for reference). 2. Mountain Cross Engineering, Inc. has no control over the cost of labor, materials, equipment, services furnished by others, or market conditions therefore does not guarantee that proposals, bids, or actual construction cost will not vary from the above opinion of cost. 28 Rmv Exst 2" Blowoff wt Vlv 29 8" C900 PVC Water Main 30 2" Blowoff Assembly 31 8" Gateway Valve 32 8" Tea 33 8" MJ 22.5 Degree Bend 34 8" MJ 45 Degree bend 35 8" MJ 90 Degree Bend 36 Standard F Bury Fire Hyd Assy 37 3/4" Water Services 38 MISCELLANEOUS 39 Utility Trenching & Backfill 40 4" Conduit Sleeving @ Roadway 41 4" Electrical Conduit 42 4" Telephone Conduit 43 Transformer Vault Exc & Bckf1 44 6" C900 PVC Wtr Main 45 6" Gate Valve 46 6" MJ 22,5 Degree Bend 47 6" MJ 45 Degree Bend 48 8" x 6" MJ Reducer CO 01 Fix Manhole Swr Stub/Patch St CO 02 Addl Trenching & SIv$ PO 952-1 CO 03 Addtl Overiot Grading PO 952-2 CO 05 Construct Rock Walls Dec -OI -06 06:46am From -MAYS CONCRETE INC. 9702452661 T-412 P.02/04 F-113 item Description Units Contracted Unit of measure Unit Price Total Unita in Place Units in Place this Period Current Billing 2.00 EA 400.00 2.00 890,00 LF 26.00 890.00 1.00 EA 1,000.00 8.00 EA 1,120.00 7.00 3.00 EA 450.00 3.00 4.00 EA 305.00 4.00 2.00 EA 305.00 2.00 EA 305.00 4.00 EA 3,325.00 4.00 35.00 EA 870.00 35.00 2,185.00 1..F 8.00 2,185.00 600.00 LF 3.50 600.00 2,185.00 LF 2.00 2,185.00 2,185.00 LF 4,00 7.00 EA 350.00 7.00 475.00 LF 22.00 475.00 2.00 EA 750.00 2.00 2.00 EA 250.00 2.00 3.00 SA 250.00 3.00 1.00 EA 250.00 1,00 1.00 LS 6,600.00 1.00 1,00 LS 4,640,00 1.00 1.00 LS 35,000.00 1.00 10,214 50 SF 3.00 10,214.50 0.25 1.650.00 2,886.00 Total Amount due this Invoice Contract Summar/ Original contract amount Approved changes Revised contract amount Invoiced to date Remaining to invoice Percent billed Retainage balance Darter, LLC 153652Nalley View Village Phs C & 0 Invoice Sub -total Retainage Held 556,621.00 76 203.50 632, 824.50 612 074.50 20,750.00 96.72 % 30,362.48 2,886.00 -144.30 $2,741.70 invoice ID: 8854 Date: 11/30/06 Page 2 of 2 Dec -01-06 06:46am From -MAYS CONCRETE INC, Darter, LLC 786 Valley Ct. Grand Junction, CO 61505 CONTRACT ID: 153652 Valley View Village Phs C & D LOCATION: Battlement Mesa, CO PO #952 9702452661 T-412 P.01 F-113 CONT R A C T O R 2399 River Road PO. BOX 4150 Grand Junction, Colorado 81502 (970) 243.5669 • Fax (970) 245-2661 INVOICE ID: 8854 DRAW ID: 15365200022 DATE: November 30,2006 CUSTOMER ID: DA10004 Item Description Units Contracted Unit of measure Unit Price Total Units in Place Units in place this Period Current Billing 01 ROADWORK 02 Mobilization 03 Earthwork 04 Boulder Splitting 05 Construct Retaining Walls 06 Riprap Chill to Detention Pond 07 Item Deleted 08 -Erosion & Sediment Control 09 3' Asphalt Paving for Streets 10 Asphalt Parking Areas 11 Adjust Manhole Rings to Final 12 Adjust Wtr Valve Boxes to Fnl 13 Cl 6 Agg Base Course 14 6'•6" Mono Driveover C&G, SW 15 30" Driveover Curb & Gutter 16 Combo Fillets, Crosspan$, ADA 17 4' Wide Concrete Scupper 18 CI 1 Ground Sign (St. & Stop) 19 Traffic Control 20 SEWER 21 Connect to Existing Stub 22 8" SDR 35 PVC Sewer Main 23 8" SDR 35 PVC Swr Main Stub 24 Concrete Sewer Encasement 25 Standard 48" Manhole 26 4" SDR 35 PVC Sewer Services 27 Rmv Exst Gate Valve & Stub 1.00 LS 33.000.00 1.00 1.00 LS 100,000.00 1,00 12.00 EA 275.00 6.00 8,800,00 SF 3.00 8,600.00 1.00 LS 1,825.00 1.00 SY 7.00 1.00 LS 6,500.00 1,00 4,600.00 SY 10.00 4,600.00 3,200.00 SF 2.00 10.00 EA 480-00 10.00 12.00 EA 200.00 12.00 1,525.00 CY 33.00 1,525.00 1,795.00 LF 22.00 1,795.00 825.00 LF 15.00 825.00 1,650.00 SF 5.00 1,650.00 1.00 EA 1,500.00 i.00 3.00 EA 412,00 3.00 3.00 1,238.00 1.00 LS 600.00 1.00 2.00 EA 630.00 1.00 1,214,00 LF 30.00 1,214.00 40.00 LF 30.00 51.00 20.00 LF 52.00 10.00 EA 2,010.00 10.00 35,00 EA 560.00 35.00 1.00 EA 500.00 TERMS: Net due upon receipt of invoice. Finance Charge; Interest at the rate 01 2% per month (24% annually) will be charged on all accOUnts 30 days past due, together with any costs of collection, including reasonable attorneys lees, incurred in collecting the amounts due and owing. Thank You ACKNOWLEDGMENT OF PARTIAL SATISFACTION SUBDIVISION IMPROVEMENTS AGREEMENT KNOW ALL MEN BY THESE PRESENT that: WHEREAS, Darter, LLC (hereinafter "Owner") entered into a Subdivision Improvements Agreement (SIA) with the Board of County Commissioners of Garfield County, Colorado (hereinafter "Board"), recorded in Book 1754 at Page 986 as Reception No. 688326 of the Garfield County records on December 14, 2005, for the improvements of Phases C & D of Valley View Village Subdivision; and WHEREAS, an irrevocable Letter of Credit was delivered to the County in the amount of $515,279.30 in order to secure the subdivision improvements to be constructed by the Owner as required in the SIA; and WHEREAS, the obligations of the Owner have been partially satisfied, as verified in the attached statement from Chris Hale, Mountain Cross Engineering, Inc dated April 20, 2006, that work has been completed consistent with improvements described in the Subdivision Improvements Agreement. NOW THEREFORE, at the request of the Owner 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 and the Board for the first release of security in the amount of $4190.00 for work completed consistent with improvements described in the Subdivision Improvements Agreement leaving a balance in the irrevocable Letter of Credit of $492,089.30. STATE OF COLORADO ) COUNTY OF GARFIELD .) )ss By: Chairman The foregoing instrument was acknowledged before me this 8t' day of May, 2006, 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 April 20, 2006 REEF, APR 2 0 2006 G fA•R F I E...l.,i ... I E:, TY t � r Mr. Fred Jarman Bdii..G�i°W'J � P LAr'. ;s.°'sem Garfield County Planning 108 8th Street, Suite 401 Glenwood Springs, CO 81601 MOUNTAIN CROSS ENGINEERING, INC. CIVIL AND ENVIRONMENTAL CONSULTING AND DESIGN RE: Security Reduction No. 3 for Valley View Village, Phases C and D Dear Fred: It is the purpose of this correspondence to confirm the work performed to date by Mays Concrete and SurvCo on Valley View Village, Phases C and D. Based on the attachments, the following has been completed since the last Security Reduction request on February 10, 2006: • Erosion and Sediment Control: 50% complete: $5,000 * 50% = $2,500 • Survey: 10.5625% complete: $16,000 * 10.5625% _ $1,690 In the professional opinion of Chris Hale, as a professional engineer licensed in the State of Colorado, #35964, and a representative of Mountain Cross Engineering, Inc, the total amount of security could be reduced by $4,190, the above total amount. The previous security, less previous reductions should be $496,279.30. This amount less the $4,190 • would reduce the total from $496,279.30 to $492,089.30. Feel free to call if any of the above needs clarification or if you have any questions or comments. Sincerely, Mountain'Cross Engin e4ring, Inc. J Chris Hale, PE Attachments C: Mr. Chad Hensley, Grace Homes Ms. Cassia Furman, Leavenworth & Karp 826 1/2 Grand Avenue • Glenwood Springs, CO 81601 PI -1. 4711 claq gcdd • FAX• Q711 4dq S�R • www mnIIntaincrncc-Pnsr_rnm Valley View Village Phases C and D OPINION OF PROBABLE COST for Security Reduction April 19, 2006 Description Quantity Units Price Cost Percent Complete Remaining Cost Grading and Earthwork Mobilization 1 LS 20,000.00 $ 20,000.00 50% $ 10,000.00 Earthwork 1 LS 70,000.00 $ 70,000.00 95% $ 3,500.00 Topsoil Stripping and Stockpile 1 LS 10,000.00 $ 10,000.00 100% $ - Drill Seed and Hydromulch 1 LS 6,000.00 $ 6,000.00 0% $ 6,000.00 Erosion and Sediment Control 1 LS 5,000.00 $ 5,000.00 50% $ 2,500.00 NPDES Permitting 1 LS 1,500.00 $ 1,500.00 100% $ - Traffic Control 1 LS 1,000.00 $ 1,000.00 0% $ 1,000.00 3" Asphalt 4407 SY 10.50 $ 46,273.50 0% $ 46,273.50 2" Asphalt Offstreet Parking 356 SY 8.75 $ 3,115.00 0% $ 3,115.00 9" Class 6 ABC 1590 CY 38.00 $ 60,420.00 0% $ 60,420.00 2'-6" Mountable C&Gutter and 4' Sidewalk 1822 LF 28.00 $ 51,016.00 0% $ 51,016.00 2'-6" Mountable Curb & Gutter 911 LF 16.00 $ 14,576.00 0% $ 14,576.00 Concrete Cross Pan with Aprons 1035 SF 5.00 $ 5,175.00 0% $ 5,175.00 Handicap Ramp 7 EA 1,100.00 $ 7,700.00 0% $ 7,700.00 Class I Ground Sign 3 EA 200.00 $ 600.00 0% $ 600.00 Subtotal = $ 302,375.50 $ 211,875.50 Potable Water 8" C900 Water Line 1296 LF 22.00 $ 28,512.00 0% $ 28,512.00 8" Gate Valves 8 EA 1,120.00 $ 8,960.00 0% $ 8,960.00 6" C900 Water Line 40 LF 20.00 $ 800.00 0% $ 800.00 3/4" Water Service 35 EA 900.00 $ 31,500.00 0% $ 31,500.00 Fire Hydrants 4 EA 3,900.00 $ 15,600.00 0% $ 15,600.00 Connect to Existing Water Stub 3 EA 1,150.00 $ 3,450.00 0% $ 3,450.00 Subtotal = $ 88,822.00 $ 88,822.00 Sanitary Sewer 8" SDR 35 Sewer Line 1254 LF 28.00 $ 35,112.00 0% $ 35,112.00 Sewer Manhole 10 EA 2,600.00 $ 26,000.00 0% $ 26,000.00 Connect to Existing Stub 1 EA 1,150.00 $ 1,150.00 0% $ 1,150.00 4" Sewer Service 36 EA 700.00 $ 25,200.00 0% $ 25,200.00 Subtotal = $ 87,462.00 $ 87,462.00 Miscellaneous Construction 4' Shallow Utility Trench 1357 LF 6.00 $ 8,142.00 0% $ 8,142.00 4" Electric Conduit Installation 1357 LF 1.50 $ 2,035.50 0% $ 2,035.50 4" Telephone Conduit 1357 LF 3.00 $ 4,071.00 0% $ 4,071.00 2' Shallow Utility Trench 554 LF 3.50 $ 1,939.00 0% $ 1,939.00 Transformer Vault Excavation 6 EA 250.00 $ 1,500.00 0% $ 1,500.00 4" Conduit Sleeving @ Roadway Intersection 227 LF 4.00 $ 908.00 0% $ 908.00 6" Conduit Sleeving @ Roadway Intersection 227 LF 4.00 $ 908.00 0% $ 908.00 Demolition 1 LS 2,000.00 $ 2,000.00 0% $ 2,000.00 Street Light Pole 10 EA 1,500.00 $ 15,000.00 0% $ 15,000.00 Survey 1 LS 16,000.00 $ 16,000.00 11% $ 14,310.00 Subtotal = $ 52,503.50 $ 50,813.50 Subtotal = $ 531,163.00 $ 438,973.00 5% Contingency $ 26,558.15 0% $ 26,558.15 2 1/2% Construction Testing $ 13,279.08 0% $ 13,279.08 2 1/2% Bonding $ 13,279.08 0% $ 13,279.08 Total = 584,279.30 $ 492,089.30 1. Costs are based on the Engineer's Estimated Construction Costs Prepared by High Country Engineering, Inc. on 12/07/05 (attached for reference). 2. Mountain Cross Engineering, Inc. has no control over the cost of labor, materials, equipment, services furnished by others, or market conditions therefore does not guarantee that proposals, bids, or actual construction cost will not vary from the above opinion of cost. t' 7'20ii5 4:5 PM'M •LEAVENWORTH & KARPItKiN :, - -__ _NO.343y � p `f-r16/:p. June aa, 2005 - - -- Hae ]OB NO: 2021056.04 QUANTITY 1 UNIT COST 1 COST ITEM Mobilization Earthwork soil Stripping and Stockpile 3"s- 1 520,000 oo 520,00;00 1.L.S- $70,000.001 570 000.00 1 it -S- _ $10,000.00'2 S10,000.00 Drill teed and Hydrarnolcb 1 !L.3 56,000.00i 562000.00 Erosion and Sediment Control111.-5- _. 55.000.00' 551000.00 WI'DPS Permitting _ ,L.1 L.S. St,500.00 - 51=500.00 Traffic Control 1;1.-5- • $1,000.00; 51,000.00 3" Asphalt 4407.S.Y. $1050 546,273.50 2" Asphalt Offstreet Parlan4 , 3565.Y. 28.75; $3115.00 9" Class 6ABC trader • •- . uThum s curb d1 ; tter and walla . 1590sC.Y_ 538.00; 560,420.00 2'-6" Mteniteble Cutb & Gutter dc4' Sidewalk 1522 L.F_ i 528.001 1 9111-F- 516.00; 2'-6 Mountable Club & (Sutter 541,016_30 514,576.00 Contcate Cissa Pan with Aprtms i, 103515 F. 45 4.00E $5,175.00 Handicap Ramp 7 -F,sch f 51.100 Class I Ground Sigtt (Sas$c,Stop2_52t,Yield) E 3'..ac1i 5200.001 57,700.00 8600.00 ---pries ins. tronehia-& Sttiuig; Beivies =eerie: vrovided owner— $" c9o0 waterline. � 12963._F. liEnch 1 31,120-00t 58,960.00 401L.F. ; 320.00, 5800.00 522001— szs.512-00 8" Gate valve 6" C900 Waterline 3/4" Water Service est Sithe Meir Pit Fuc Hydrant As:emb Connect to Existent Water Stub 3 354Eatb. ; 5900.001 531,540.00 4iih + 900.00, 515600.00 1 3F 53, F.ach 51,150.00; 53,450.00 i zSUJ1 TOTAL S88 812.00 —price includes trsochin� and _ t 8" SDR 35 Sawa:line 1254:L.F. $28.00: 535,112.00 1013sch 51.600.00: 526,000.00 1 iTcaeh 51 150.00: 31,150.00 361Eac1 5700.001 525.200.00 • . { j}• 'SUE TOTAL ' 4 D. Manhole Connect to Existinz Sewer Stub 4` Sewer Services 387,462.00 4' Shellac/ Utility 1Ytattat 1351L.F. ` 56.00! 38,142.00 4" electric conduit installation conduitfiani3bed by %malty). 1357;1-F- 51.501 52 03550 4" Telephone Conduit (conduit flattighed bycontractor) , 1357;1-F. 33 A0+ 54,071.00 Z' Utility Trench 554;L.F_ 1 S3.501 51,939.00 TtansibtrtterVault Excavation 6'Each i 5250.00; $1,500.00 4" Conduit Sleeving Roadway3nt®geLtiorts i 227 `:1...,P. i 54.00- 5908.00 6^.Conduit Sleevint0 Raadwq Interssctinas 227 ;L.F. ' 54.00 _5908.00 Damciition tyGn Lane 1;1_3. 52` 52,000.00 3n -eat Light Pole (C1P) 10':}act 1 51500.001 14-5.516,000.001 ( 515,000.00 516,000.00 Sum ;SUB TOTAL 552 '4350 ;SUR TOTAL 5531,163.00 52.6.558.15 594 Continzeneeyyl ; 2 112% Construction Testirtgj 513,279-05 . . ;212i4Batdinni 513x279.04 - i - _ • �+ Z _L--- ;TOTS,, 5584,27930 JONA._r vKe...6a the tItITTlitz do uos ic:ctuce ' ' 'a ser lvzs• inar"sym& t'P Sees, c.al, svcoo¢+bi auun7i4' rAn r1, ¢ii Camtr ascotpeti*<15nesponaleftrimritceesanteie=lenttsa:;coalcoosmayvery them bid&a.littslerentetio21714mstkct ACKNOWLEDGMENT OF PARTIAL SATISFACTION SUBDIVISION IMPROVEMENTS AGREEMENT KNOW ALL MEN BY THESE PRESENT that: WHEREAS, Darter, LLC (hereinafter "Owner") entered into a Subdivision Improvements Agreement (SIA) with the Board of County Commissioners of Garfield County, Colorado (hereinafter "Board"), recorded in Book 1754 at Page 986 as Reception No. 688326 of the Garfield County records on December 14, 2005, for the improvements of Phases C & D of Valley View Village Subdivision; and WHEREAS, an irrevocable Letter of Credit was delivered to the County in the amount of $515,279.30 in order to secure the subdivision improvements to be constructed by the Owner as required in the SIA; and WHEREAS, the obligations of the Owner have been partially satisfied, as verified in the attached statement from Chris Hale, Mountain Cross Engineering, Inc dated October 16, 2006, that certain work has been completed consistent with improvements described in the Subdivision Improvements Agreement. NOW THEREFORE, at the request of the Owner 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 and the Board for the seventh release of security in the amount of $93,571.44 for work completed consistent with improvements described in the Subdivision Improvements Agreement leaving a balance in the irrevocable Letter of Credit of $135,664.80. STATE OF COLORADO ) COUNTY OF GARFIELD ) )ss By: Chairman The foregoing instrument was acknowledged before me this 6th day of November , 2006, 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 October 16, 2006 Mr. Fred Jarman Garfield County Planning 108 8th Street, Suite 401 Glenwood Springs, CO 81601 MOUNTAIN CROSS ENGINEERING, INC. CIVIL AND ENVIRONMENTAL CONSULTING AND DESIGN RE: Security Reduction No. 7 for Valley View Village, Phases C and D Dear Fred: It is the purpose of this correspondence to confirm the work performed to date by Mays Concrete on Valley View Village, Phases C and D. Based on the attachments, the following has been completed since the last Security Reduction request on September 25, 2006: • Mobilization: additional 10% complete: $20,000 * 10% = $2,000.00 • Earthwork: additional 5% complete: $70,000 * 5% = $3,500.00 • Traffic Control: additional 50% complete: $1,000 * 50% = $500.00 • 9" Class 6 ABC: additional 8.2% complete: $60,420 * 8.2% = $4,954.44 • 2'-6" Mountable C&Gutter and 4' Sidewalk: 100% complete = $51,016.00 • 2'-6" Mountable Curb & Gutter: 100% complete = $14,576.00 • Concrete Cross Pan with Aprons: 100% complete = $5,175.00 • Handicap Ramp: 100% complete = $7,700.00 • Survey: additional 25.9375% complete: $16,000 * 25.9375% = $4,150.00 In the professional opinion of Chris Hale, as a professional engineer licensed in the State of Colorado, #35964, and a representative of Mountain Cross Engineering, Inc, the total amount of security could be reduced by $93,571.44, the above total amount. The previous security, less previous reductions should be $229,236.24. This amount less the $93,571.44 would reduce the total from $229,236.24 to $135,664.80. Feel free to call if any of the above needs clarification or if you have any questions or comments. Sincerely, Mountain Cross Engineering, Inc. ti LChris Hale, PE Attachments C: Mr. Chad Hensley, Grace Homes 826 1/2 Grand Avenue • Glenwood Springs, CO 81601 PH. 97f1.94S_SS44 • FA) 97(1 94S ccqu • www mntintninirncc-ono rnm Valley View Village Phases C and D OPINION OF PROBABLE COST for Security Reduction October 16. 2006 Description Quantity Units Price Cost Percent Complete Remaining Cost Grading and Earthwork Mobilization 1 LS 20,000.00 $ 20,000.00 100% $ - Earthwork 1 LS 70,000.00 $ 70,000.00 100% $ - Topsoil Stripping and Stockpile 1 LS 10,000.00 $ 10,000.00 100% $ - Drill Seed and Hydromulch 1 LS 6,000.00 $ 6,000.00 0% $ 6,000.00 Erosion and Sediment Control 1 LS 5,000.00 $ 5,000.00 80% $ 1,000.00 NPDES Permitting 1 LS 1,500.00 $ 1,500.00 100% $ - Traffic Control 1 LS 1,000.00 $ 1,000.00 100% $ - 3" Asphalt 4407 SY 10.50 $ 46,273.50 0% $ 46,273.50 2" Asphalt Offstreet Parking 356 SY 8.75 $ 3,115.00 0% $ 3,115.00 9" Class 6 ABC 1590 CY 38.00 $ 60,420.00 100% $ - 2'-6" Mountable C&Gutter and 4' Sidewalk 1822 LF 28.00 $ 51,016.00 100% $ - 2'-6" Mountable Curb & Gutter 911 LF 16.00 $ 14,576.00 100% $ - Concrete Cross Pan with Aprons 1035 SF 5.00 $ 5,175.00 100% $ - Handicap Ramp 7 EA 1,100.00 $ 7,700.00 100% $ - Class I Ground Sign 3 EA 200.00 $ 600.00 0% $ 600.00 Subtotal = $ 302,375.50 $ 56,988.50 Potable Water 8" C900 Water Line 1296 LF 22.00 $ 28,512.00 100% $ - 8" Gate Valves 8 EA 1,120.00 $ 8,960.00 100% $ - 6" C900 Water Line 40 LF 20.00 $ 800.00 100% $ - 3/4" Water Service 35 EA 900.00 $ 31,500.00 100% $ - Fire Hydrants 4 EA 3,900.00 $ 15,600.00 100% $ - Connect to Existing Water Stub 3 EA 1,150.00 $ 3,450.00 100% $ - Subtotal = $ 88,822.00 $ - Sanitary Sewer 8" SDR 35 Sewer Line 1254 LF 28.00 $ 35,112.00 100% $ - Sewer Manhole 10 EA 2,600.00 $ 26,000.00 100% $ - Connect to Existing Stub 1 EA 1,150.00 $ 1,150.00 100% $ - 4" Sewer Service 36 EA 700.00 $ 25,200.00 100% $ - Subtotal = $ 87,462.00 $ - Miscellaneous Construction 4' Shallow Utility Trench 1357 LF 6.00 $ 8,142.00 100% $ - 4" Electric Conduit Installation 1357 LF 1.50 $ 2,035.50 100% $ - 4" Telephone Conduit 1357 LF 3.00 $ 4,071.00 100% $ - 2' Shallow Utility Trench 554 LF 3.50 $ 1,939.00 100% $ - Transformer Vault Excavation 6 EA 250.00 $ 1,500.00 100% $ - 4" Conduit Sleeving @ Roadway Intersection 227 LF 4.00 $ 908.00 100% $ - 6" Conduit Sleeving @ Roadway Intersection 227 LF 4.00 $ 908.00 100% $ - Demolition 1 LS 2,000.00 $ 2,000.00 0% $ 2,000.00 Street Light Pole 10 EA 1,500.00 $ 15,000.00 0% $ 15,000.00 Survey 1 LS 16,000.00 $ 16,000.00 46.50% $ 8,560.00 Subtotal = $ 52,503.50 $ 25,560.00 Subtotal = $ 531,163.00 $ 82,548.50 5% Contingency $ 26,558.15 0% $ 26,558.15 2 1/2% Construction Testing $ 13,279.08 0% $ 13,279.08 2 1/2% Bonding $ 13,279.08 0% $ 13,279.08 Total = 584,279.30 $ 135,664.80 1. Costs are based on the Engineer's Estimated Construction Costs Prepared by High Country Engineering, inc. on 12/07/05 (attached for reference). 2. Mountain Cross Engineering, Inc. has no control over the cost of labor, materials, equipment, services furnished by others, or market conditions therefore does not guarantee that proposals, bids, or actual construction cost will not vary from the above opinion of cost. dari Sep -29-06 11:29am From -MAYS CONCRETE !NC, aHE ■ 411 Darier, LLC 786 Valley Ct. Gra,rd Junction, CO 81505 CONTRACT JTRACT I D: 153652 Valley View Village Phs C & 0 LOCATION: Battlement Mesa, CO PO #952 9702452661 T-098 P.01/02 F-191 CONTRACTORS 2399 River Road P.O. Box 4150 g 7�4l6Grand Junction, Colorado 81502 INVOICE ID: (9243-5669 • Fax (970) 245-2661 DRAW ID: 1155533365200019 DATE: September 29,2006 CUSTOMER ID: DA10004 Item Description Units Unit of Unit Total Units Units in Current Contracted measure Price in Place Place this Billing Period 01 ROADWORK • 02 Mobilization 03 Earthwork 04 Boulder Splitting 05 Conauuat Retaining Walls 06 Riprap Chnl to Detention Pond 07 Erosion Control Slope Matting 08 Erosion & Sediment Control 09 3" Asphalt Paving for Streets 10 Asphalt Parking Areas 11 Adjust Manhole Rings to Final 12 Adjust Wtr Valve Boxes to Fnl 13 C16 Agg Base Course 14 6'-6" Mono Driveover C&G, SW 15 30" Driveover Curb & Gutter 16 Combo Fillets, Crosspans, ADA 17 4' Wide Concrete Scupper 18 CI 1 Ground Sign (St & Stop) 19 Traffic Control 20 SEWER 21 Connect to Existing Stub 22 8" SDR 35 PVC Sewer Main 23 8" SDR 35 PVC Swr Main Stub 24 Concrete Sewer Encasement 25 Standard 48" Manhole 26 4" SDR 35 PVC Sewer Services 27 Rmv Exst Gate Valve & Stub 1.00 LS 1.00 LS 12.00 EA 8,800.00 SF 1.00 LS 2,355.00 SY 1.00 LS 4,600.00 SY 3,200.00 SF 10.00 EA 12.00 EA 1,525.00 CY 1,795.00 LF 825.00 LF 1,850.00 SF 1.00 EA 3.00 EA 1.00 LS 33,000.00 1.00 100,000.00 1.00 275.00 6.00 0.10 3,300.00 0.05 5,000.00 3.00 19,014.50 7,214.50 21,643.50 1,825.00 1.00 1.00 1,825.00 7.00 8,600.00 0.80 10.00 2,00 480.00 200.00 33.00 1,525.00 125.00 4,125.00 22.00 1,795,00 1,795.00 39,490.00 15.00 825.00 825.00 12,375.00 5.00 1,650.00 1,650.00 8,250.00 1,500.00 1.00 1.00 1,500.00 412.00 600.00 1.00 0.50 300.00 2,00 EA 630.00 1.00 1,214.00 LF 30,00 1,214.00 40.00 LF 30.00 51.00 20.00 LF 52.00 10.00 EA 2,010.00 10.00 35.00 EA 560.00 35.00 1.00 EA 500.00 TERMS: Net due upon receipt of invoice. Finance Charge: interest at the rate of 2% per month (24% annually) will be charged on at accounts 30 days past due, together with any costa of collection, including reasonable attorneys fees. incurred in collecting the amounts due and owing. Thank You Sep -29-06 11:30am From -MAYS CONCRETE INC, Item Description I Units Contracted Unit of measure 9702452661 7-098 P.02/02 F-191 unit Price Total Units Units in in Place Place this Period 28 Rmv Exst 2" Blowoff w/ Vlv 2.00 EA 400.00 2.00 29 8" 0900 PVC Water Main 890,00 LF 28.00 890.00 30 2" RlowoffAssembly 1.00 EA 1,000.00 31 8" Gateway Varve 8.00 EA 1,120.00 7.00 32 8" Tee 3.00 EA 450.00 3.00 33 8" MJ 22.5 Degree Bend 4.00 EA 305.00 4.00 34 8" MJ 45 Degree Bend 2,00 EA 305.00 2.00 35 8" MJ 90 Degree Bend EA 305.00 36 Standard 5' Bury Fire Hyd Assy 4.00 EA 3,325.00 4.00 37 3/4" Water Services 35.00 EA 870.00 35.00 38 MISCELLANEOUS 39 Utility Trenching & Backfill 2,185.00 LF 8.00 2,185.00 40 4" Conduit Sleeving T4 Roadway 800,00 LF 3.50 600.00 41 4" Electrical Conduit 2,185,00 LF 2.00 2,185.00 42 4' Telephone Conduit 2,185.00 LF 4.00 43 Transformer Vault Exc & Bcktl 7.00 EA 350.00 7.00 44 6" C900 PVC Wtr Main 475.00 LF 22.00 475,00 45 6" Gate Valve `2.00 EA 750.00 2.00 46 6" MJ 22.5 Degree Bend 2,00 EA 260.00 2.00 47 6" MJ 45 Degree Bend 3.00 EA 250.00 3.00 48 8" x 6" MJ Reducer 1.00 EA 250.00 1.00 CO 01 Fix Mani -foie Swr Stub/Patch St CO 02 Addl Trenching & Siva PO 952-1 CO 03 Addtl Overlot Grading PO 952-2 Total Amount due this Invoice 1.00 1,00 1.00 6,600.00 4,640.00 35.000,00 0.75 1.00 1.00 Current Billing 0.50 17,500.00 115,308.50 Invoice Sub -total 115,308.50 Retainage Held -5,785.43 Contract Summary Original contract amount 556,621.00 Approved changes 62,045.00 Revised contract amount 618,668.00 Invoiced to date 554,288.50 Remaining to invoice 64,377.50 Percent billed 89.59 Retainage balance 27,473.18 Darter, LLC Invoice ID: 8670 153652Nailey View Village Phs C & D Date: 9/29/06 Page 2 of 2 $109,543.07 S URVCD, INC. RTK GPS AND CONVENTIONAL LAND SURVEYING SERVICES 8261 GRAND AVENUE P.D. Box 2782 GLENWOOD SPRINGS, CO. 01602-2782 PH: 970-945-5945 Pax: 970-945-5946 EMAIL: SURVCO@EARTHLINK.NET Statement of Services Tuesday, June 20, 2006 Darter LLC 786 Valley View Court Grand Junction, CO. 81505 RECEIVED JUN 2 3 2006 BY: RE: PO No. 906 — Valley View Village C and D Billing period thru: Tuesday, June 20, 2006 Field Services: 1:1 Recover survey control U Stake shallow utilities Office Services: ❑ Gen Admin. LI Calculations for shallow utility staking Other direct costs: $ 50.00 Previous balances due: $ -0- SURVCD, INC. RTK BPS AND CONVENTIONAL LAND SURVEYING SERVICES 8261/2 GRAND AVENUE P.O. Box 2782 GLENWOOD SPRINGS, CO. Si 602-2782 PH: 970-945-5945 FAX: 970-945-5946 EMAIL: SURVCO@Q EARTHLINK.NET Statement of Services Friday, August 04, 2006 Darter, LLC Attn: Accounts Payable 786 Valley Court Grand Junction, CO. 81505 RE: P.O. No. 906 Valley View Village PUD, Phases C and D Billing period thru: Saturday, April 15, 2006 AUG 0 7 2006 Field Services: ❑ Stake locations of 2 multi -family units (units B and C) (33%) complete ❑ Stake locations of two single family residences (lots 14 and 15) (15% complete) Office Services: Calculations for staking Other direct costs: $ -0- Previous balances due: $ -0- TOTAL BALANCE DUE THIS STATEMENT: $ 800.00 SuRvC®, INC RTK OPS AND CDNVENTID NAL LAND SURVEYING SERVICES AUC, 7 ?006 826'/2 GRAND AVENUE P.D. Box 2792 GLENWOOD SPRINGS, CO. 81 602-2782 PH: 970-945-5945 FAx: 970-945-5946 EMAIL: SURVCO@EARTHLINK.NET Statement of Services Tuesday, August 15, 2006 Darter, LLC 786 Valley Court Grand Junction, CO. 81505 RE: PO No. 906 Billing period thru: Tuesday, August 15, 2006 Field Services: U Recover local survey control ❑ Stake Curb and Gutter Valley View Village Phase C and D Office Services: ❑ Gen Admin. ❑ Calculations for Staking Other direct costs: $ -0- Previous balances due: $ -0- TOTAL BALANCE DUE THIS STATEMENT: $ 2,000.00 S URVQo, INC. RTK GPS ANO CONVENTIONAL LAND SURVEYING SERVICES 8261/. GRAND AVENUE P.O. Sax 2782 GLENWOOD SPRINGS, CO. 81 602-2782 PH: 970-945-5945 FAx: 970-945-5946 EMAIL: SURVCQ@EARTHLINK.NET Statement of Services Friday, August 04, 2006 Darter, LLC Attn: Accounts Payable 786 Valley Court Grand Junction, CO. 81505 RE: P.O. No. 971-1 Valley View Village PUD, Phases C and D Billing period thru: Friday, August 04, 2006 Field Services: ❑ Stake as directed - (100%) complete Office Services: ❑ Calculations for staking (100%) complete Other direct costs: $ -0- Previous balances due: $ -0- TOTAL BALANCE DUE THIS STATEMENT: $ 750.00 AUG 0 7 200e Sep -29.06 11 :29am From -MAYS CONCRETE INC, Darter, LLC 786 Valley Ct. Grand Junction, CO 81505 CONTRACT ID: 153652 Valley View Village Phs C & D LOCATION: Battlement Mesa, CO PO #952 9702452661 T-098 P.01/02 F-191 CONTRACTORS 2399 River Road PO. Box 4150 Grand Junction, Colorado 81502 INVOICE ID: (S6) 43-5669. Fax (970) 245-2661 DRAW ID: 15365200019 DATE: September 29,2006 CUSTOMER ID: DA10004 Item Description Units Unit of Unit Total Units Units in Current Contracted measure Price In Place Place this Billing Period 01 ROADWORK • 02 Mobilization 03 Earthwork 04 Boulder Splitting 05 Construct Retaining Walls 06 RIprap Chnl to Detention Pond 07 Erosion Control Slope Matting 08 Erosion & Sediment Control 09 3" Asphalt Paving for Streets 10 Asphalt Parking Areas 11 Adjust Manhole Rings to Final 12 Adjust Wtr Valve Boxes to Fnl 13 CI 6 Agg l3ase Course 14 t3-13" Mono Driveover C&G, SW 15 30" DriveoverCurb & Gutter 16 Combo Fillets, Crosspans, ADA 17 4' Wide Concrete Scupper 18 Cl 1 Ground Sign (SL & Stop) 19 Traffic Control 20 SEWER 21 Connect to Existing Stub 22 8" SDR 35 PVC Sewer Main 23 8" SDR 35 PVC Swr Main Stub 24 Concrete Sewer Encasement 25 Standard 48" Manhole 26 4" SDR 35 PVC Sewer Services 27 Rmv Exst Gate Valve & Stub 1.00 LS 1.00 LS 12.00 EA 8,800.00 SF 1,00 LS 2,355.00 SY 1.00 LS 4,600.00 SY 3,200.00 SF 10.00 EA 12.00 EA 1,525.00 CY 1,795.00 LF 825.00 LF 1,850.00 SF 1.00 EA 3.00 EA 1.00 LS 33,000,00 1.00 100,000.00 1.00 0.05 5,000- 00 275.00 6.00 3.00 19,014.50 7,214.50 21,643.50 1,825.00 1.00 1.00 1,825,00 7.00 8,800.00 0,80 10.00 2.00 480.00 200.00 33.00 1,525.00 126.00 4,125.00 22.00 1,795.00 1,795.00 39,490.00 15.00 825.00 825.00 12,375.00 5.00 1,650.00 1,650.00 8,250.00 1,500.00 1.00 1.00 1,500.00 412.00 600.00 1.00 0.50 300.00 0.10 3,300.00 2.00 EA 630.00 1,00 1,214.00 LF 30,00 1,214.00 40.00 LF 30.00 51.00 20.00 LF 52.00 10.00 EA 2,010.00 10.00 35.00 EA 560.00 35,00 1.00 EA 500.00 TERMS: Net due upon recelpt of invoice. Finance Charge: Interest al the rate of 2% per month (24% annually) will be charged on aH accounts 30 days past due, together with any costs of collection, including reasonable attorneys fees, incurred in collecting the amounts due and owing. Thank You Sep -29-06 11:30am Frain -MAYS CONCRETE INC, 9702452661 T-098 P.02/02 F-191 Item Description Units Contracted Unit of measure Unit Price Total Units in Place Units in Place this Period Current Billing 28 Rmv Exst 2'' Blowoff w/ Vlv 29 8" C900 PVC Water Main 30 2" Blowoff Assembly 31 8" Gateway Valve 32 8" Tee 33 8" MJ 22.5 Degree Bend 34 8" MJ 49 Degree Bend 35 8" MJ 90 Degree Bend 36 Standard 5' Bury Fire liyd Assy 37 314" Water Services 38 MISCELLANEOUS 39 Utility Trenching & Backfill 40 4" Conduit Sleeving Roadway 41 4" Electrical Conduit 42 4" Telephone Conduit 43 Transformer Vault Exe & Bckfl 44 6' C900 PVC Wtr Main 45 6' Gate Valve 46 6" MJ 22.5 Degree Bend 47 6" MJ 45 Degree Bend 48 8" x 6" MJ Reducer CO 01 Fix Manhole Swr Stub/Patch St CO 02 Addl Trenching & Siva PO 952-1 CO 03 Addtl Overlot Grading PO 952-2 Total Amount due this Invoice Contract Summary Original contract amount Approved changes Revised contract amount Invoiced to date Remaining to invoice Percent billed Retainage balance Darter, LLC 2.00 EA 400.00 890,00 LF 26.00 890.00 1.00 EA 1.000.00 8.00 EA 1,120.00 7.00 3.00 EA 450,00 3.00 4.00 EA 305.00 4.00 2.00 EA 305.00 2.00 EA 305,00 4.00 EA 3,325.00 4.00 35.00 EA 870.00 35.00 2.00 2,185.00 LF 8.00 2,185.00 600,00 LF 3.50 600.00 2,185.00 LF 2.00 2,185.00 2,185.00 LF 4.00 7.00 EA 350.00 7.00 475.00 LF 22.00 475,00 '2.00 EA 760.00 2.00 2,00 EA 250.00 2.00 3.00 EA 250.00 3.00 1.00 EA 250.00 1.00 1,00 6,600.00 0.75 1.00 4,640.00 1.00 1.00 35.000,00 1.00 Invoice Sub -total Retainage Held 556,621.00 62,045.00 618,666.00 554,288.50 64,377.50 89.59 % 27,473.18 0.50 17,500.00 115,308.50) 115,308.50 -5,765.43 $109,543.07 153652Nalley View Village Phs C & D Invoice ID: 8670 Date; 9/29/06 Page 2 of 2 1/ B URvC®, INC. RTK GPS AND CONVENTIONAL LAND SURVEYING SERVICES 826'/2 GRAND AVENUE P.O. Box 2782 GLENWOOD SPRINGS, CO. 81602-2782 PH: 970-945-5945 FAx: 970-945-5946 EMAIL: SURVDCI EARTHLINK.NET Statement of Services Tuesday, June 20, 2006 Darter LLC 786 Valley View Court Grand Junction, CO. 81505 RECEIVED JUN 2 3 2006 BY: RE: PO No. 906 — Valley View Village C and D Billing period thru: Tuesday, June 20, 2006 Field Services: Recover survey control CM Stake shallow utilities Office Services: ❑ Gen Admin. CI Calculations for shallow utility staking Other direct costs: $ 50.00 Previous balances due: $ -0- SURVCO, !NO. RTIC GPS AND CONVENTIONAL LAND SURVEYING SERVICES 8261/z GRAND AVENUE P.O. BOX 2782 GLENWOOD SPRINGS, CO. 81602-2782 PH: 970-945-5945 FAX: 970-945-5946 EMAIL: SURVCO@ARTHLINK.NET Statement of Services Friday, August 04, 2006 Darter, LLC Attn: Accounts Payable 786 Valley Court Grand Junction, CO. 81505 RE: P.O. No. 906 Valley View Village PUD, Phases C and D Billing period thru: Saturday, April 15, 2006 AUG 0 7 2006 Field Services: ❑ Stake locations of 2 multi -family units (units B and C) (33%) complete U Stake locations of two single family residences (lots 14 and 15) (15% complete) Office Services: Calculations for staking Other direct costs: $ -0- Previous balances due: $ -0- TOTAL BALANCE DUE THIS STATEMENT: $ 800.00 SURVC®, {NC. RTK GPS AND CONVENTIONAL LAND SURVEYING SERVICES ? 7 2006 B26'/2 GRAND AVENUE P.O. BOX 2782 GLENWOOD SPRINGS, CO. 81 602-2782 PH: 970-945-5945 FAX: 970-945-5946 EMAIL: S URVDO@EARTHLINK.NET Statement of Services Tuesday, August 15, 2006 Darter, LLC 786 Valley Court Grand Junction, CO. 81505 RE: PO No. 906 Billing period thru: Tuesday, August 15, 2006 Field Services: Li Recover local survey control Li Stake Curb and Gutter Valley View Village Phase C and D Office Services: ❑ Gen Admin. Ci Calculations for Staking Other direct costs: $ -0- Previous balances due: $ -0- TOTAL BALANCE DUE THIS STATEMENT: $ 2,000.00 S URVCD, i NC. F2TK GPS AND CONVENTIONAL LAND SURVEYING SERVICES 826/ GRAND AVENUE P.O. Sax 2782 GLENWOOD SPRINGS, CO. 8 1 602-2782 PH: 970-945-5945 FAX: 970-945-5946 EMAIL: SURVCD@EARTHLINK.NET Statement of Services Friday, August 04, 2006 Darter, LLC Attn: Accounts Payable 786 Valley Court Grand Junction, CO. 81505 RE: P.O. No. 971-1 Valley View Village PUD, Phases C and D Billing period thru: Friday, August 04, 2006 Field Services: ❑ Stake as directed - (100%) complete Office Services: Li Calculations for staking (100%) complete Other direct costs: $ -0- Previous balances due: $ -0- TOTAL BALANCE DUE THIS STATEMENT: $ 750.00 AUG 0 7 20015 ACKNOWLEDGMENT OF PARTIAL SATISFACTION SUBDIVISION IMPROVEMENTS AGREEMENT KNOW ALL MEN BY THESE PRESENT that: WHEREAS, Darter, LLC (hereinafter "Owner") entered into a Subdivision Improvements Agreement (SIA) with the Board of County Commissioners of Garfield County, Colorado (hereinafter "Board"), recorded in Book 1754 at Page 986 as Reception No. 688326 of the Garfield County records on December 14, 2005, for the improvements of Phases C & D of Valley View Village Subdivision; and WHEREAS, an irrevocable Letter of Credit was delivered to the County in the amount of $515,279.30 in order to secure the subdivision improvements to be constructed by the Owner as required in the SIA; and WHEREAS, the obligations of the Owner have been partially satisfied, as verified in the attached statement from Chris Hale, Mountain Cross Engineering, Inc dated September 25, 2006, that work has been completed consistent with improvements described in the Subdivision Improvements Agreement. NOW THEREFORE, at the request of the Owner 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 and the Board for the sixth release of security in the amount of $58,465.56 for work completed consistent with improvements described in the Subdivision Improvements Agreement leaving a balance in the irrevocable Letter of Credit of $229,236.24. STATE OF COLORADO ) COUNTY OF GARFIELD ) )ss By: Chairman The foregoing instrument was acknowledged before me this 16th day of October, 2006, 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 September 25, 2006 Mr. Fred Jarman Garfield County Planning 108 8th Street, Suite 401 Glenwood Springs, CO 81601 !, MOUNTAIN CROSS ENGINEERING, INC. CIVIL AND ENVIRONMENTAL CONSULTING AND DESIGN SEP 2 7 2006 RE: Security Reduction No. 6 for Valley View Village, Phases C and D Dear Fred: It is the purpose of this correspondence to confirm the work performed to date by Mays Concrete on Valley View Village, Phases C and D. Based on the attachments, the following has been completed since the last Security Reduction request on August 4, 2006: • Mobilization: additional 10% complete: $20,000 * 10% = $2,000 • Erosion and Sediment Control: additional 10% complete: $5,000 * 10% = $500 • 9" Class 6 ABC: 91.8% complete = $55,465.56 • Traffic Control: 50% complete = $500.00 In the professional opinion of Chris Hale, as a professional engineer licensed in the State of Colorado, #35964, and a representative of Mountain Cross Engineering, Inc, the total amount of security could be reduced by $58,465.56, the above total amount. The previous security, less previous reductions should be $287,701.80. This amount less the $58,465.56 would reduce the total from $287,701.80 to $229,236.24. Feel free -to call if any of the above needs clarification or if you have any questions or comments. Sincerely, Mountain Cross Engineering, Inc. l f1 ``Chris Hale, PE Attachments C: Mr. Chad Hensley, Grace Homes 826 1/2 Grand Avenue • Glenwood Springs, CO 81601 PH: 970.945.5544 • FAX: 970.945.5558 • www.mountaincross-eng.com Valley View Village Phases C and D OPINION OF PROBABLE COST for Security Reduction September 25, 2006 Description Quantity Units Price Cost Percent Complete Remaining Cost Grading and Earthwork Mobilization 1 LS 20,000.00 $ 20,000.00 90% $ 2,000.00 Earthwork 1 LS 70,000.00 $ 70,000.00 95% $ 3,500.00 Topsoil Stripping and Stockpile 1 LS 10,000.00 $ 10,000.00 100% $ - Drill Seed and Hydromulch 1 LS 6,000.00 $ 6,000.00 0% $ 6,000.00 Erosion and Sediment Control 1 LS 5,000.00 $ 5,000.00 80% $ 1,000.00 NPDES Permitting 1 LS 1,500.00 $ 1,500.00 100% $ - Traffic Control 1 LS 1,000.00 $ 1,000.00 50% $ 500.00 3" Asphalt 4407 SY 10.50 $ 46,273.50 0% $ 46,273.50 2" Asphalt Offstreet Parking 356 SY 8.75 $ 3,115.00 0% $ 3,115.00 9" Class 6 ABC 1590 CY 38.00 $ 60,420.00 91.8% $ 4,954.44 2'-6" Mountable C&Gutter and 4' Sidewalk 1822 LF 28.00 $ 51,016.00 0% $ 51,016.00 2'-6" Mountable Curb & Gutter 911 LF 16.00 $ 14,576.00 0% $ 14,576.00 Concrete Cross Pan with Aprons 1035 SF 5.00 $ 5,175.00 0% $ 5,175.00 Handicap Ramp 7 EA 1,100.00 $ 7,700.00 0% $ 7,700.00 Class I Ground Sign 3 EA 200.00 $ 600.00 0% $ 600.00 Subtotal = $ 302,375.50 $ 146,409.94 Potable Water 8" C900 Water Line 1296 LF 22.00 $ 28,512.00 100% $ - 8" Gate Valves 8 EA 1,120.00 $ 8,960.00 100% $ - 6" C900 Water Line 40 LF 20.00 $ 800.00 100% $ - 3/4" Water Service 35 EA 900.00 $ 31,500.00 100% $ - Fire Hydrants 4 EA 3,900.00 $ 15,600.00 100% $ - Connect to Existing Water Stub 3 EA 1,150.00 $ 3,450.00 100% $ - Subtotal = $ 88,822.00 $ - Sanitary Sewer 8" SDR 35 Sewer Line 1254 LF 28.00 $ 35,112.00 100% $ - Sewer Manhole 10 EA 2,600.00 $ 26,000.00 100% $ - Connect to Existing Stub 1 EA 1,150.00 $ 1,150.00 100% $ - 4" Sewer Service 36 EA 700.00 $ 25,200.00 100% $ - Subtotal = $ 87,462.00 $ - Miscellaneous Construction 4' Shallow Utility Trench 1357 LF 6.00 $ 8,142.00 100% $ - 4" Electric Conduit Installation 1357 LF 1.50 $ 2,035.50 100% $ - 4" Telephone Conduit 1357 LF 3.00 $ 4,071.00 100% $ - 2' Shallow Utility Trench 554 LF 3.50 $ 1,939.00 100% $ - Transformer Vault Excavation 6 EA 250.00 $ 1,500.00 100% $ - 4" Conduit Sleeving @ Roadway Intersection 227 LF 4.00 $ 908.00 100% $ - 6" Conduit Sleeving @ Roadway Intersection 227 LF 4.00 $ 908.00 100% $ - Demolition 1 LS 2,000.00 $ 2,000.00 0% $ 2,000.00 Street Light Pole 10 EA 1,500.00 $ 15,000.00 0% $ 15,000.00 Survey 1 LS 16,000.00 $ 16,000.00 20.563% $ 12,710.00 Subtotal = $ 52,503.50 $ 29,710.00 Subtotal = $ 531,163.00 $ 176,119.94 5% Contingency $ 26,558.15 0% $ 26,558.15 2 1/2% Construction Testing $ 13,279.08 0% $ 13,279.08 2 1/2% Bonding $ 13,279.08 0% $ 13,279.08 Total = 584,279.30 $ 229,236.24 1. Costs are based on the Engineer's Estimated Construction Costs Prepared by High Country Engineering, Inc. on 12/07/05 (attached for reference). 2. Mountain Cross Engineering, Inc. has no control over the cost of labor, materials, equipment, services furnished by others, or market conditions therefore does not guarantee that proposals, bids, or actual construction cost will not vary from the above opinion of cost. Darter, LLC 786 Valley Ct. Grand Junction, CO 81505 RECEIVED SEP 1 1 2006 BY: CONTRACT ID: 153652 Valley View Village Phs C & D LOCATION: Battlement Mesa, CO PO #952 INC CONTRACTORS 2399 River Road PC. Box 4150 Grand Junction, Colorado 81502 (970) 243-5669 • Fax (970) 245-2661 INVOICE ID: 8593 DRAW ID: 15365200016 DATE: August 31,2006 CUSTOMER ID: DA10004 Item Description Units Unit of Unit Total Units Units in Current Contracted measure Price in Place Place this Billing Period 01 ROADWORK 02 Mobilization 03 Earthwork 04 Boulder Splitting 05 Construct Retaining Walls 06 Riprap Chnl to Detention Pond 07 Erosion Control Slope Matting 08 Erosion & Sediment Control 09 3" Asphalt Paving for Streets, 10 Asphalt Parking Areas 11 Adjust Manhole Rings to Final 12 Adjust Wtr Valve Boxes to Fnl 13 CI 6 Agg Base Course 14 6'-6" Mono Driveover C&G, SW 15 30' Driveover Curb & Gutter 16 Combo Fillets, Crosspans, ADA 17 4' Wide Concrete Scupper 18 CI 1 Ground Sign (St. & Stop) 19 Traffic Control 20 SEWER 21 Connect to Existing Stub 22 8" SDR 35 PVC Sewer Main 23 8" SDR 35 PVC Swr Main Stub 24 Concrete Sewer Encasement 25 Standard 48" Manhole 26 4" SDR 35 PVC Sewer Services 27 Rmv Exst Gate Valve & Stub 1.00 LS 1.00 LS 12.00 EA 8,800.00 SF 1.00 LS 2,355.00 SY 1.00 LS 4,600.00 SY 3,200.00 SF 10.00 EA 12.00 EA 1,525.00 CY 1,795.00 LF 825.00 LF 1,650.00 SF 1.00 EA 3.00 EA 1.00 LS 2.00 EA 1,214.00 LF 40.00 LF 20.00 LF 10.00 EA 35.00 EA 1.00 EA 33,000.00 0.90 100,000.00 0.95 275.00 6.00 0.10 3,300.00 3.00 11,800.00 3,000.00 9,000.00 1,825.00 7.00 8,500.00 0.80 0.10 850.00 10.00 2.00 480.00 200.00 33.00 1,400.00 1,400.00 46,200.00 22.00 15.00 5.00 1,500.00 412.00 600.00 0.50 0.50 300.00 630.00 30.00 30.00 52.00 2,010.00 560.00 500.00 1.00 1,214.00 51.00 10.00 35.00 TERMS: Net due upon receipt of invoice. Finance Charge: Interest at the rate of 2% per month (24% annually) will be charged on all accounts 30 days past due, together with any costs of collection, including reasonable attorneys fees, incurred in collecting the amounts due and owing. Thank You Item Description Units Unit of Unit Total Units Units in Current Contracted measure Price in Place Place this Billing Period 28 Rmv Exst 2" Blowoff wl VIv. 29 8" C900 PVC Water Main 30 2" Blowoff Assembly 31 8" Gateway Valve 32 8" Tee 33 8" MJ 22.5 Degree Bend 34 8" MJ 45 Degree Bend 35 8" MJ 90 Degree Bend 36 Standard 5' Bury Fire Hyd Assy 37 3/4" Water Services 38 MISCELLANEOUS 39 Utility Trenching & Backfill 40 4" Conduit Sleeving @ Roadway 41 4" Electrical Conduit 42 4" Telephone Conduit 43 Transformer Vault Exc & Bckfl 44 6" C900 PVC Wtr Main 45 6" Gate Valve 46 6" MJ 22.5 Degree Bend 47 6" MJ 45 Degree Bend 48 8" x 6" MJ Reducer CO 01 Fix Manhole Swr Stub/Patch St CO 02 Addl Trenching & Slvs PO 952-1 GO 03 Addtl Overlot Grading PO 952-2 CO 04 Exc & Bckfl Basements 17 & 18 2.00 EA 890.00 LF 1.00 EA 8.00 EA 3.00 EA 4.00 EA 2.00 EA EA 4.00 EA 35.00 EA 2,185.00 LF 600.00 LF 2,185.00 LF 2,185.00 LF 7.00 EA 475.00 LF 2.00 EA 2.00 EA 3.00 EA 1.00 EA 1.00 1.00 1.00 1.00 400.00 26.00 1,000.00 1,120.00 450.00 305.00 305.00 305.00 3,325.00 870.00 8.00 3.50 2.00 4.00 350.00 22.00 750.00 250.00 250.00 250.00 6,600.00 4,640.00 35,000.00 15,000.00 2.00 890.00 7.00 3.00 4.00 2.00 4.00 35.00 2,185.00 600.00 2.185.00 7.00 475.00 2.00 2.00 3.00 1.00 0.75 1.00 0.50 0.50 0.50 17,500.00 0.50 7,500.00 Total 84,650.00 Amount due this invoice Contract Summary Original contract amount Approved changes Revised contract amount Invoiced to date Remaining to invoice Percent billed Retainage balance Invoice Sub -total Retainage Held 556,621.00 77,045.00 633,666.00 446, 480.00 187,186.00 70.46 % 22, 082.75 84,650.00 -4,232.50 $80,417.50 Darter, LLC Invoice ID: 8593 153652Nalley View Village Phs C & D Date: 8/31/06 Page 2 of 2 • • ACKNOWLEDGMENT OF PARTIAL SATISFACTION SUBDIVISION IMPROVEMENTS AGREEMENT KNOW ALL MEN BY THESE PRESENT that: WHEREAS, Darter, LLC (hereinafter "Owner") entered into a Subdivision Improvements Agreement (SIA) with the Board of County Commissioners of Garfield County, Colorado (hereinafter "Board"), recorded in Book 1754 at Page 986 as Reception No. 688326 of the Garfield County records on December 14, 2005, for the improvements of Phases C & D of Valley View Village Subdivision; and WHEREAS, an irrevocable Letter of Credit was delivered to the County in the amount of $515,279.30 in order to secure the subdivision improvements to be constructed by the Owner as required in the SIA; and WHEREAS, the obligations of the Owner have been partially satisfied, as verified in the attached statement from Chris Hale, Mountain Cross Engineering, Inc dated June 8, 2006, that work has been completed consistent with improvements described in the Subdivision Improvements Agreement. NOW THEREFORE, at the request of the Owner 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 and the Board for the first release of security in the amount of $85,070.10 for work completed consistent with improvements described in the Subdivision Improvements Agreement leaving a balance in the irrevocable Letter of Credit of $394,775.40. STATE OF COLORADO ) COUNTY OF GARFIELD ) )ss By: Chairman The foregoing instrument was acknowledged before me this 19th day of June, 2006, 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 • • June 08, 2006 Mr. Fred Jarman Garfield County Planning 108 8th Street, Suite 401 Glenwood Springs, CO 81601 JUN 1 2 2006 MOUNTAIN CROSS ENGINEERING, INC. CIVIL AND ENVIRONMENTAL CONSULTING AND DESIGN RE: Security Reduction No. 5 for Valley View Village, Phases C and D Dear Fred:. It is the purpose of this correspondence to confirm the work performed to date by Mays Concrete and SurvCo on Valley View Village, Phases C and D. Based on the attachments, the following has been completed since the last Security Reduction request on May 12, 2006: • Mobilization: additional 10% complete: $20,000 * 10% _ $2,000 • 8" C900 Water line: additional 88.77% complete: $28,512 * 88.77% _ $25,310.10 • Fire Hydrants: additional 75% complete: $15,600 * 75% _ $11,700 • Water Line Construction: 100% complete = $44,710 • Survey: additional 8.4375% complete: $16,000 * 8.4375% _ $1,350 In the professional opinion of Chris Hale, as a professional engineer licensed in the State of Colorado, #35964, and a representative of Mountain Cross Engineering, Inc, the total amount of security could be reduced by $85,070.10, the above total amount. The previous security, less previous reductions should be $394,775.40. This amount less the $85,070.10 would reduce the total from $394,775A0 to $309,705.30. Feel free to call if any of the above needs clarification or if you have any questions or comments. Sincerely, M$ unt 'n Cross n awe ing, Inc. is Hale, PE Attachments C: Mr. Chad Hensley, Grace Homes 826 1/2 Grand Avenue • Glenwood Springs, CO 81601 PH: 970.945.5544 • FAX: 970.945.5558 • www.mountaincross-eng.com • Valley View Village Phases C and D OPINION OF PROBABLE COST for Security Reduction June 08, 2006 Description Quantity Units Price Cost Percent Complete Remaining Cost Grading and Earthwork Mobilization 1 LS 20,000.00 $ 20,000.00 70% $ 6,000.00 Earthwork 1 LS 70,000.00 $ 70,000.00 95% $ 3,500.00 Topsoil Stripping and Stockpile 1 LS 10,000.00 $ 10,000.00 100% $ - Drill Seed and Hydromulch 1 LS 6,000.00 $ 6,000.00 0% $ 6,000.00 Erosion and Sediment Control 1 LS 5,000.00 $ 5,000.00 60% $ 2,000.00 NPDES Permitting 1 LS 1,500.00 $ 1,500.00 100% $ - Traffic Control 1 LS 1,000.00 $ 1,000.00 0% $ 1,000.00 3" Asphalt 4407 SY 10.50 $ 46,273.50 0% $ 46,273.50 2" Asphalt Offstreet Parking 356 SY 8.75 $ 3,115.00 0% $ 3,115.00 9" Class 6 ABC 1590 CY 38.00 $ 60,420.00 0% $ 60,420.00 2'-6" Mountable C&Gutter and 4' Sidewalk 1822 LF 28.00 $ 51,016.00 0% $ 51,016.00 2'-6" Mountable Curb & Gutter 911 LF 16.00 $ 14,576.00 0% $ 14,576.00 Concrete Cross Pan with Aprons 1035 SF 5.00 $ 5,175.00 0% $ 5,175.00 Handicap Ramp 7 EA 1,100.00 $ 7,700.00 0% $ 7,700.00 Class I Ground Sign 3 EA 200.00 $ 600.00 0% $ 600.00 Subtotal = $ 302,375.50 $ 207,375.50 Potable Water 8" C900 Water Line 1296 LF 22.00 $ 28,512.00 100% $ - 8" Gate Valves 8 EA 1,120.00 $ 8,960.00 100% $ - 6" C900 Water Line 40 LF 20.00 $ 800.00 100% $ - 3/4" Water Service 35 EA 900.00 $ 31,500.00 100% $ - Fire Hydrants 4 EA 3,900.00 $ 15,600.00 100% $ - Connect to Existing Water Stub 3 EA 1,150.00 $ 3,450.00 100% $ - Subtotal = $ 88,822.00 $ - Sanitary Sewer 8" SDR 35 Sewer Line 1254 LF 28.00 $ 35,112.00 100% $ - Sewer Manhole 10 EA 2,600.00 $ 26,000.00 100% $ - Connect to Existing Stub 1 EA 1,150.00 $ 1,150.00 100% $ - 4" Sewer Service 36 EA 700.00 $ 25,200.00 100% $ - Subtotal = $ 87,462.00 $ - Miscellaneous Construction 4' Shallow Utility Trench 1357 LF 6.00 $ 8,142.00 0% $ 8,142.00 4" Electric Conduit Installation 1357 LF 1.50 $ 2,035.50 0% $ 2,035.50 4" Telephone Conduit 1357 LF 3.00 $ 4,071.00 0% $ 4,071.00 2' Shallow Utility Trench 554 LF 3.50 $ 1,939.00 0% $ 1,939.00 Transformer Vault Excavation 6 EA 250.00 $ 1,500.00 0% $ 1,500.00 4" Conduit Sleeving @ Roadway Intersection 227 LF 4.00 $ 908.00 0% $ 908.00 6" Conduit Sleeving @ Roadway Intersection 227 LF 4.00 $ 908.00 0% $ 908.00 Demolition 1 LS 2,000.00 $ 2,000.00 0% $ 2,000.00 Street Light Pole 10 EA 1,500.00 $ 15,000.00 0% $ 15,000.00 Survey 1 LS 16,000.00 $ 16,000.00 20.563% $ 12,710.00 Subtotal = $ 52,503.50 $ 49,213.50 Subtotal = $ 531,163.00 $ 256,589.00 5% Contingency $ 26,558.15 0% $ 26,558.15 2 1/2% Construction Testing $ 13,279.08 0% $ 13,279.08 2 1/2% Bonding $ 13,279.08 0% $ 13,279.08 Total = 584,279.30 $ 309,705.30 1. Costs are based on the Engineer's Estimated Construction Costs Prepared by High Country Engineering, Inc. on 12/07/05 (attached for reference). 2. Mountain Cross Engineering, Inc. has no control over the cost of labor, materials, equipment, services furnished by others, or market conditions therefore does not guarantee that proposals, bids, or actual construction cost will not vary from the above opinion of cost. • 7.20(5U. 4:5UPNI'M.. •LEAVENWORTH & KARPI EEINU i-- WErP A 9 June 20, 2005 NO. 343 HC E 1OB NO: 2021055.04 Vcastest.pt4A 6 c it0tD D-xlg ITEM QUANTITY UNIT COST COST S20 _00 120,000.00 ~ Earthwork 1 •l -S- $701000.00'. 1'/0 000.00 T_Vsoil Stripping and Stockpile -4- I ILS. • 210,000.001 110,000.00 Drill seed and Ffydrotnulob 1 SL S SG.Ofl0.00i S6 000.00 Erosion and Sediment Control:LS. 55,000.00' - 35,000 00 . _,t NPDES Permitting 1 1. -S. 11,500.001 51,500.00 _ . hart Control j 1;3-S- • $1,000.00; $1 000.00 3" Asphalt 4407.S.Y. $1050 146,273.50 2" Aspitalc OiPstreet pat IauB ; 355 s.Y. ? mS.75i $3,115.00 9" Clara 6 ABC anderA ,hath trona pans, sorb & war and 1590 €C Y. $35.00'$60.410.00 " Mow:abie Cwb & Outter & 4' $idevealk ��-1822 L.F. i 3211.001 $51,01630 2'-6" Mountable Ciub & Gutta, 9t1�I..P_ 116.09__,I) Concrete Cross Pan with Aprons ; 10354SY. `-. 55.00` 55,175.00 _ Handicap Vamp 7 Each E SI,100I 577700.00 Class 1 Gtouttd 3i>�1(8aeet,Stap, SQtxdl,Yield) t 3 Each 1 5200,401 S600A0 — -- - _�......r. IUB AL $5 375.50 sriec inc- trenehinE& fitiilw; aetvice lbart*:ials provided by ow{ier— $" C500 Waterline i, 1296.1..F. 522.000 128.512.00 _ 8„ Gabe Valve • ! 121Pach S1,120.00i $8,960.00 6" C900 Waterline i 40lL.F. 520.40; $800.00 3/4" Water Service wt Sine Meter Pit '? 359Encb 1._, 5900.004 $31,5Q 00 Valli drant AassmblY4� Fah i S3,900.001 $15 600.00 Cotttuct to Existing Wate r Stub 1 3; Each 51,150.0 S3 450.00 5 ISUN TOTAL ' S88 822..00 - Tricc inaludas tnnolling and M inp— i . 8" SDR35 Sewerfne " 1254:L.P. 328.00: $35,112.00 8" 4' Dla. Manhole 1 10:Haab - =.600.00i 526,000.00 Connect to flsdbtiro= Sewer Stub i i iib 1 $ t15, 0. 91,150.00 S` Sewer Service Miliacb.___jr__ 5700.00' 525.200.00 1 :SUB TOTAL 8$7,/42.00 •1Yench 4' Shallow Utility 1357LP. 1 56.00 i 58,142.00 4" electric Conduit Installation (conduit furnished by utility) i_ I357;LF- c $1.50: $2,03550 _ rt^Telephone Cattduit (tonduitilartishcdbycontractor) 1.357;L -F- • 5309_,I $4,071.00 2' Shallow UO2/ Trench 554; L.F. . S3.901 $1,939.00 Transfcmiler Vault Excavation; 6'Each 1 5250.00 11500.00 d" Conduit Slee Roadway Intersections i 227;1..F_ 1 Sd_o0 5908.00 54 00 $908 6' Conduit Sleevirl� Roadway htostsecdorls �7 X.F. . epn Lane 1 tLS. 12,0 0�; 12,000.00 Damliti Street Light Pole CUD_ 1 10':6 1----$1,500.00; , 111,000.00 gum, 1iL� S. ' $16,000.0____24_:_,7 $16,000.00 -- j 1 i ;SUB TOTAL SS2 3.50 ;SUS TOTAL , 5531,163.00 i Po 54s Consia talc l . 826 558.15 L i a 1296 Construetion Ttstingj $13,219.08 '•.l .i . . r2112%Bondin 513,279.05 L- - NOTAL S584,279.30 trnm the CStimslc do not inch en�duvmg sm icca, vmvcylnS, hp ¶, COM bOO a�cnrsn:m�oa or un7�b Bali co,�6. r,-.,..;. r.......•,..., cannot Oe gala respofls bk for wait= Wait =dental: octroi torts maYwY knit la bidding. flail contracting tett market ACKNOWLEDGEMENT OF PARTIAL SATISFACTION SUBDIVISION IMPROVEMENTS AGREEMENT KNOW ALL MEN BY THESE PRESENT that: WHEREAS, Darter, LLC (hereinafter "Owner"), entered into a Subdivision Improvements Agreement with the Board of County Commissioners of Garfield County, Colorado (hereinafter "Board"), recorded in Book 1754, at Page 986 as Reception No. 688326 of the Garfield County records on December 14, 2005, for the improvements of Phases C & D of Valley View Subdivision; and WHEREAS, an irrevocable Letter of Credit was delivered to the County in the amount of $515,279.30 in order to secure the subdivision improvements to be constructed by the Owner as require3d in the SIA; and WHEREAS, the obligations of the Owner have been partially satisfied in part, as verified in a statement from Chris Hale, Mountain Cross Engineering., dated August 4, 2006 that work has been completed consistent with improvements described in the Subdivision Improvements Agreement. NOW THEREFORE, at the request of the Owner and in consideration of the premises and prior agreements, the Board hereby acknowledges the partial satisfaction of the Subdivision Improvements Agreement entered into by the Owner and the Board for the release of security in the amount of $22,003.50 for work completed consistent with improvements described in the Subdivision Improvements Agreement leaving a balance in the irrevocable Letter of Credit of $287,701.80. STATE OF COLORADO )ss COUNTY OF GARFIELD ) By: Chairman The foregoing instrument was acknowledged before me this day of , 2006, 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 August 04, 2006 RECEIVED AUG 0 7 2006 Mr. Mark Bean GARFIa LD COUNTY Garfield County PlanningBUILDING & PLANNING 108 8th Street, Suite 401 Glenwood Springs, CO 81601 MOUNTAIN CROSS ENGINEERING, INC. CIVIL AND ENVIRONMENTAL CONSULTING AND DESIGN RE: Security Reduction No. 5 for Valley View Village, Phases C and D Dear Mark: It is the purpose of this correspondence to confirm the work performed to date by Mays Concrete on Valley View Village, Phases C and D. Based on the attachments, the following has been completed since the last Security Reduction request on June 8, 2006: • Mobilization: additional 10% complete: $20,000 * 10% = $2,000 • Erosion and Sediment Control: additional 10% complete: $5,000 * 10% = $500 • 4' Shallow Utility Trench: 100% complete = $8,142.00 • 4" Electric Conduit Installation: 100% complete = $2,035.50 • 4" Telephone Conduit: 100% complete = $4,071.00 • 2' Shallow Utility Trench: 100% complete = $1,939.00 • Transformer Vault Excavation: 100% complete = $1,500.00 • 4" Conduit Sleeving @ Roadway Intersection: 100% complete = $908.00 • 6" Conduit Sleeving @ Roadway Intersection: 100% complete = $908.00 In the professional opinion of Chris Hale, as a professional engineer licensed in the State of Colorado, #35964, and a representative of Mountain Cross Engineering, Inc, the total amount of security could be reduced by $22,003.50, the above total amount. The previous security, less previous reductions should be $309,705.30. This amount less the $22,003.50 would reduce the total from $309,705.30 to $287,701.80. Feel free to call if any of the above needs clarification or if you have any questions or comments. Sincerely, Mount 41n Cross . n: ineering, Inc. Chris Hale, PE Attachments C: Mr. Chad Hensley,. Grace Homes 826 1/2 Grand Avenue • Glenwood Springs, CO 81601 PH: 970.945.5544 • FAX: 970.945.5558 • www.mountaincross-eng.com Valley View Village Phases C and D OPINION OF PROBABLE COST for Security Reduction AUGUST 04, 2006 Description Quantity Units Price Cost Percent Complete Remaining Cost Grading and Earthwork Mobilization 1 LS 20,000.00 $ 20,000.00 80% $ 4,000.00 Earthwork 1 LS 70,000.00 $ 70,000.00 95% $ 3,500.00 Topsoil Stripping and Stockpile 1 LS 10,000.00 $ 10,000.00 100% $ - Drill Seed and Hydromulch 1 LS 6,000.00 $ 6,000.00 0% $ 6,000.00 Erosion and Sediment Control 1 LS 5,000.00 $ 5,000.00 70% $ 1,500.00 NPDES Permitting 1 LS 1,500.00 $ 1,500.00 100% $ - Traffic Control 1 LS 1,000.00 $ 1,000.00 0% $ 1,000.00 3" Asphalt 4407 SY 10.50 $ 46,273.50 0% $ 46,273.50 2" Asphalt Offstreet Parking 356 SY 8.75 $ 3,115.00 0% $ 3,115.00 9" Class 6 ABC 1590 CY 38.00 $ 60,420.00 0% $ 60,420.00 2'-6" Mountable C&Gutter and 4' Sidewalk 1822 LF 28.00 $ 51,016.00 0% $ 51,016.00 2'-6" Mountable Curb & Gutter 911 LF 16.00 $ 14,576.00 0% $ 14,576.00 Concrete Cross Pan with Aprons 1035 SF 5.00 $ 5,175.00 0% $ 5,175.00 Handicap Ramp 7 EA 1,100.00 $ 7,700.00 0% $ 7,700.00 Class I Ground Sign 3 EA 200.00 $ 600.00 0% $ 600.00 Subtotal = $ 302,375.50 $ 204,875.50 Potable Water 8" C900 Water Line 1296 LF 22.00 $ 28,512.00 100% $ - 8" Gate Valves 8 EA 1,120.00 $ 8,960.00 100% $ - 6" C900 Water Line 40 LF 20.00 $ 800.00 100% $ - 3/4" Water Service 35 EA 900.00 $ 31,500.00 100% $ - Fire Hydrants 4 EA 3,900.00 $ 15,600.00 100% $ - Connect to Existing Water Stub 3 EA 1,150.00 $ 3,450.00 100% $ - Subtotal = $ 88,822.00 $ - Sanitary Sewer 8" SDR 35 Sewer Line 1254 LF 28.00 $ 35,112.00 100% $ - Sewer Manhole 10 EA 2,600.00 $ 26,000.00 100% $ - Connect to Existing Stub 1 EA 1,150.00 $ 1,150.00 100% $ - 4" Sewer Service 36 EA 700.00 $ 25,200.00 100% $ - Subtotal = $ 87,462.00 $ - Miscellaneous Construction 4' Shallow Utility Trench 1357 LF 6.00 $ 8,142.00 100% $ - 4" Electric Conduit Installation 1357 LF 1.50 $ 2,035.50 100% $ - 4" Telephone Conduit 1357 LF 3.00 $ 4,071.00 100% $ - 2' Shallow Utility Trench 554 LF 3.50 $ 1,939.00 100% $ - Transformer Vault Excavation 6 EA 250.00 $ 1,500.00 100% $ - 4" Conduit Sleeving @ Roadway Intersection 227 LF 4.00 $ 908.00 100% $ - 6" Conduit Sleeving @ Roadway Intersection 227 LF 4.00 $ 908.00 100% $ - Demolition 1 LS 2,000.00 $ 2,000.00 0% $ 2,000.00 Street Light Pole 10 EA 1,500.00 $ 15,000.00 0% $ 15,000.00 Survey 1 LS 16,000.00 $ 16,000.00 20.563% $ 12,710.00 Subtotal = $ 52,503.50 $ 29,710.00 Subtotal = $ 531,163.00 $ 234,585.50 5% Contingency $ 26,558.15 0% $ 26,558.15 2 1/2% Construction Testing $ 13,279.08 0% $ 13,279.08 2 1/2% Bonding $ 13,279.08 0% $ 13,279.08 Total = 584,279.30 $ 287,701.80 1. Costs are based on the Engineer's Estimated Construction Costs Prepared by High Country Engineering, Inc. on 12/07/05 (attached for reference). 2. Mountain Cross Engineering, Inc. has no control over the cost of labor, materials, equipment, services furnished by others, or market conditions therefore does not guarantee that proposals, bids, or actual construction cost will not vary from the above opinion of cost. 4 7.20()5 4:5U01 -.LEAVENWORTH & KARPIEEHING NO. 343 Itmc 20,2005 WE JOB NO: 2021056.04 eecettafremAzszCANDDxis ITEM QUANITTY UNIT COST COST Mobilization IILs 1:20,130(1o0i 520,000.00 Earthwork 1 1. L9-=-- $70,000.00'. _S. S70 .00.00 SIO ,00o.00 S6 000.00 Tgeoil Stripping and Stockpile + 1 ELSl0 000 100 l SL•S. 16 000.001 Thrill Beed and Hydmmulcb Erosion and Sediment Control 1 iL.S• SS,000.00 • 55 "40.00 NPDESPermitting ; 1 LS• i S 500.00! -t--- 1;1....S. •_ S1,000.00; Sl •0.00 51 000.00 Traffic Control 3" Asphalt I. 44071S.Y. ; S10.90' 356,S•Y• $8.75; 546,173.501 53 115.00 a" Asphalt offstreet Prig 9" Class 6 ABC wader • -halt cross ••• s, crib &; strand araban . 1590tC.Y. $38.00; 160,420.00 2'-6" Mountable C uib & Guth & 4' Sidewalk 18221L.P. i 528.001 911 LR 516.001 # 10351SF. `: 55.00`• 551,016-00 $14 76.00 551175.20 2'-6" Mountable Club & Cutter Concrete Cross Pan with Aprons Handicap Ramp • 7 Each t S1,100� 3;Eaach 5200,001 5,700.00 5600.00 Class I Ground Si�rxt (Sasec,Ssatst SQeedf Yd} - SUB AJ 53 375.50 528.512.00 58,960.00 inc. rrenehia� & lrstdagf.; service materials •Itire S' 0900 Waterline 12963..F. L 522.00] 8" Gate Valve {> i 8jEach t 51,120.001 6" 0900 Waterline, 40+LF. ; $20.00' 5800.00 531,5010.00 515,600.00 • 53 450.00 314" Wats Setrvioe w/ Si C Meter Pit h 351E h ; soon, Fur Hydrant Assembly 1 4tbach 53,900.00 i 31 -Each ; 31,150.00; Connect to Existin: Water Stab e 5 ,StlB TOTAL , 588 82.2.00 j 1254=.L2. i 528.00: • $35,112.00 --price includes trc0ching and fitting- 8." SDR35 Sewer -line 4' Dta. Manhole ; 10.Bach 1 32. 00.00i 526,000.00 51,150.00 Connect toByvstina3srvaStub 4' Sewer Sm -vice I'Ele2t i SI1_000' 36iiEach 5700.001 5251200.00 587, L00 • 1 :SUE TOTAL i 1357 L.F. 56.001 38142.00 4' Shallow 1.761it , "rr tch 4" electric conduit installation (canduit furnished by uuh y) - 1357;1_F•51.50', 52,03530 , 13 5; .1...F.' S3 001 '4 071.00 ____13_:_50-1_______1113_94 A" Telephone Conduit (conduit furnished by contractor) 2' Shallow' Utility T•enc11554L.F• '1'ransibmter Vault 2xcavatiort w 6!Each ; 5250.00 I,,9 d" Conduit Sleeving �Rnadwaly lrttr8aalon8 i 2274-f -ISd_ 5908.00 6" Conduit Sleevinv2 Roadway kloansgcdods 227 ;LF. 54.00; 5908.00 Dealolltion ere Lane 1;L.$. a-- 52 D2 00.00 $2,000.00 Street Light Pole tCjP) Y.-,". 10`:Each 1 SI 00.00' 1',LS. ; $1.5 000.00 515,000.00 S16,000.00 Survey 1-----1- 1 ;SUB TOTAL ' SS2 3.S0 _ ;51131 TOTAL 5531463.00 126.558.15 313,279.06 613,279-08 �M 5% Contingence i 2 1/29k Cocrscuetion Te tin] -,r ~'j .� irlldBonding -- � iTOTAL : 5584,279.30 -71" Ste csnnittc do nos include wheaai8 semcco, airr"eying. tap Saes, aarzmecnoe 211n14»ratioq or un1i9' sail coma Hi b Country =nor b bald tesponslbk for varisaces 8o1a id =irate as actual cots ;nay very silo m bidding. Eitel ooatraaing and market Jia! -27-06 12:38pm From -RAYS CONCRETE INC, Darter, LLC 785 Valley Ct. Grand Junction, CO 81505 CONTRACT 1D: 153652 Valley View Village Phs C & D LOCATION: Battlement Mesa, CO PO 0952 Item Description 01 ROADWORK 02 Mobilization 03 Earthwork 04 Boulder Splitting 05 Construct Retaining Walls 06 Riprap Chni to Detention Pond 07 Erosion Control Slope Matting 08 Erosion & Sediment Control 09 3" Asphalt Paving for Streets' 10 Asphalt Parking Areas 11 Adjust Manhole Rings to Final 12 Adjust Wtr Valve Boxes to Fnl 13 Cl 6 Agg BaSe Course 14 6'4" Mono Driveover C&G, SW 15 30" Driveover Curb & Gutter 16 Combo Fitters, Crosspans, ADA 17 4' Wide Concrete Scupper 18 CI 1 Ground Sign (St. & Stop) 19 Traffic Control 20 SEWER 21 Connect to Existing Stub 22 8" SDR 35 PVC Sewer Main 23 8" SOR 35 PVC Swr Main Stub 24 Concrete Sewer Encasement 25 Standard 48" Manhole 26 4" SDR 35 PVC Sewer Services 27 Rmv Exst Gate Valve & Stub Units Contracted 9702452661 T-603 P.01/02 F-267 CONTRACTORS 2399 River Road P.O. Box 4150 Grand Junction, Colorado 81502 (970) 243.5669 • Fax (970) 245-2661 INVOICE ID: 8449 DRAW ID: 15365200014 DATE: July 27,2006 CUSTOMER ID: DA10004 Unit of Measure Unit .Price Total Units In Place Units in Place this Period current Billing 1.00 LS 33,000.00 1,00 LS 100,000.00 12.00 EA 275.00 8,800.00 SF 3,00 1.00 LS 1,825.00 2,355.00 SY 7,00 1.00 LS 8,500.00 4,600.00 SY 10.00 3,200.00 SF 2.00 10.00 EA 480.00 12.00 EA 200.00 1,525.00 CY 33.00 1,795.00 LF 22.00 825.00 LF 15.00 1,650.00 SF 5.00 1.00 EA 1,500.00 3.00 EA 412.00 t.00 LS 600.00 2,00 EA 530.00 1,214.00 LF 30.00 40.00 LF 30.00 20.00 LF 52.00 10-00 EA 2,010.00 35.00 EA 580.00 1,00 EA 500.00 0.80 0.10 3,300.00 0.95 6.00 6.00 1650.00 8,800.00 0.70 1.00 1,214.00 51.00 10.00 35.00 0.10 850.00 INC. TERMS: Net due upon receipt of invoice. Finance Charge: Interest at the rate of 2% per month (24% annually) will be Charged on all accounts 30 days past due, together with any costs of collection, including reasonable attorneys fees, incurred in collecting the amounts due and owing. Thank You .Jul -27-06 12:38pm From -MAYS CONCRETE INC, 9702462661 T-803 P.02/02 F-267 item Description Units contracted Unit of measure 28 Rmv Exst 2" Blowoff w/ Vlv 2.00 EA 29 8" C900 PVC Water Main 890.00 LF 30 2" Blowoff Assembly 1.00 EA 31 8" Gateway Valve 8.00 EA 32 8" Tee 3.00 EA 33 8" MJ 22.5 Degree Bend 4.00 EA 34 8" MJ 45 Degree Bend 2.00 EA 35 8" MJ 90 Degree Bend EA 36 Standard 5' Bury Fire Hyd Assy 4.00 EA 37 3/4" Water Services 35.00 EA 38 MISCELLANEOUS 39 Utility Trenching & Backfill 2,185.00 LF 40 4" Conduit Sleeving @ Roadway 600.00 LF 41 4" Electrical Conduit 2,185.00 LF 42 4" Telephone Conduit 2,185,00 LF 43 Transformer Vault Exc & Bckfl 7.00 EA 44 6" C900 PVC Wtr Main 475.00 LF 45 6" Gate Valve 2.00 EEA 46 6" MJ 22,5 Degree and 2.00 EA 47 6" MJ 45 Degree Bend 3,00 EA 48 8" x 6" MJ Reducer 1.00 EA CO 2 LS CO 01 Fix Manhole Swr Stub/Patch St 1.00 CO 02 Add) Trenching & SIvs PO 952-1 1.00 CO 03 Addtl Overlot Grading PO 962.2 1.00 L Total Invoice Sub -total Retainage Held Amount due this Invoice Contract Summary Original contract amount Approved changes Revised contract amount Invoiced to date Remaining to invoice Percent billed Retainage balance Darter, LLC 153652Nalley View Village Phs C & D Unit Price Total Units Units in Current in Plsce Place this Billing Period 400,00 26.00 1,000.00 1,120.00 450,00 305.00 305.00 305,00 3,325,00 870,00 8.00 3.50 2.00 4.00 350.00 22.00 750.00 250,00 250.00 250.00 9,225.00 6,600.00 4,640,00 35,000.00 558,621.00 82,045.00 618,666.00 361,830.00 256, 836.00 58.49 % 17,850.25 2.00 890.00 7.00 3.00 4.00 2.00 4,00 35.00 2,185.00 800.00 2,185.00 7.00 475.00 2.00 2,00 3,00 1.00 0.75 1.00 0.75 4,950.00 1,00 4,640.00 15, 390.00 15,390.00 -769.50 $14,620.50 Invoice ID: 8449 Date: 7/27/06 Page 2 of 2 Units In i Place this I Period Jun -26-06 03:27pm From -MAYS CONCRETE INC, Darter, LLC 786 Valley Ct. Grand Junction, CO 81505 CONTRACT ID: 153652 Valley View Village Phs C & D LOCATION: BBa llement Mesa, CO ham Description Units Contracted 01 ROADWORK 02 Mobilization 03 Earthwork 04 Boulder Splitting 05 Construct Retaining Walls 06 Riprap Chili to Detention Pond 07 Erosion Control Slope Matting OB Erosion & Sediment Control 09 3" Asphalt Paving for Streets 10 Asphalt Parking Areas 11 Adjust Manhole Rings to Final 12 Adjust Wtr Valve Boxes to FnI 13 Cl 6 Agg Base COurse 14 6'4" Mono Driveaver C&G, SW 15 30" Driveover Curb & Gutter 16 Combo Fillets, Crosspans, ADA 17 4' Wide Concrete Scupper 18 CI 1 Ground Sign (St. & Stop) 19 Traffic Control 20 SEWER 21 Connect to Existing Stub 22 8" SDR 35 PVC Sewer Main 23 8" SCR 35 PVC Swr Main Stub 24 ConCrete Sewer Encasement 25 Standard 48" Manhole 26 4" SDR 35 PVC Sewer Services 27 Rmv Exst Gate Valve & Stub Unit of measure 9702452661 T-643 P.01/02 F-843 INC. C O NT R A C T O R S 2399 River Road P.O. Box 4150 Grand Junction, Colorado 81502 (970) 243-5669 • Fax (970) 245.2661 INVOICE ID: 8346 DRAW ID: 15365200013 DATE: June 25,2006 CUSTOMER ID: DA10004 Unit Price Total Units in Place 1.00 LS 33,000.00 0.70 1.00 LS 100,000.00 0.95 12.00 EA 275.00 8,800.00 SF 3.00 8,800.00 1.00 LS 1,825,00 2,355.00 SY 7.00 1,00 LS 8,500.00 0,60 4,600.00 SY 10.00 3,200.00 SF 2.00 10.00 1=A 480.00 12.00 EA 200,00 1,525.00 CY 33.00 1,795.00 LF 22.00 825,00 LF 15.00 1,650.00 SF 5.00 1_00 EA 1,500.00 3.00 EA 412.00 1.00 LS 600.00 2.00 EA 630.00 1,214.00 LF 30.00 40.00 LF 30.00 20.00 LF 52.00 10.00 EA 2,010,00 35.00 EA 560,00 1.00 EA 500.00 1.00 1,214.00 51.00 10.00 35.00 TERMS: Nei due upon receipt of invoice. Finance Charge: Interest at the rate of 2% per month (24% annually) will be charged on all accounts 30 days past due, together with any costs of collection. including reasonable attorneys fees, Incurred in collecting the amounts due and owing. Current Billing Thank Yoi Jun -26-O6 03:27pm From -MAYS CONCRETE INC, Item Description 28 Rrnv Exst 2" Blowoff w/ VIv 28 8" C900 PVC Water Main 30 2" Blowoff Assembly 31 8" Gateway Valve 32 8" Tee 33 8" MJ 22.5 Degree fiend 34 8" MJ 45 Degree Bend 35 8" MJ 90 Degree Bend 36 Standard 5' Bury Fire Hyd Assy 37 314" Water Services 38 MISCELLANEOUS 39 Utility Trenching & Eer <fill 40 4" Conduit Sleeving 41 4" Electrical Conduit 42 4" Telephone Conduit 43 Transformer Vault Ecc & Bckfl 44 6" C900 PVC Wtr Main 45 6" Gate Valve 46 6" MJ 22.5 Degree Bend 47 8" MJ 45 Degree Bend 48 8" x 6" MJ Reducer Units Contracted Unit of measure 9702452661 T-643 P.02/02 F-643 Unit Price Total Units in Place 2.00 EA 400.00 2.00 890.00 LF 26.00 $90,00 1.00 EA 1,000.00 8.00 EA 1,120.00 7.00 3.00 EA 450.00 3.00 4.00 EA 305.00 4.00 2,00 EA 305,00 2.00 6A 305.00 4.00 EA 3,325.00 4.00 35,00 EA 870.00 35.00 Units in Place this Period Current Billing 2,185.00 LF 8.00 2,185.00 2,185.00 17,480.00 Roadway 600.00 LF 3.50 600.00 600.00 2,100.00 2,185.00 LF 2.00 2,185.00 2,185.00 4,370.00 2,185,00 LF 4.00 7.00 EA 350,00 7.00 7,00 2,450.00 475.00 LF 22.00 475.00 2.00 EA 750.00 2.00 2.00 EA 250,00 2.00 3.00 EA 250.00 3.00 1.00 EA 250,00 1.00 Total Amount due this Invoice Contract Sumrnary Original contract amount Approved changes Revised contract amount Invoiced to date Remaining to invoice Percent billed Retainage balance Invoice Sub -total Retainage Held 556,621.00 15.805.00 572,426.00 346,440.00 225,986.00 60.52 % 17,080.75 Darter, LLC 153652NaHey View Village Phs C & D 26,400.00 26,400.00 -1,320.00 $25,080.00 Invoice ID: 8346 Date: 6/25/06 Page 2 of 2 • • QUIT CLAIM DEED THIS QUIT CLAIM DEED made this _ day of December, 2005, 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"); WITNESSETH: 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 remised, released, sold, conveyed and QUIT CLAIMED, and by these presents does remise, release, sell, convey and QUIT CLAIM unto the Grantee, its successors and assigns, forever, all the right, title, interest, claim and demand which the Grantor has in and to the following described real property, together with improvements, if any, situate, lying and being in the County of Garfield and State of Colorado, described as follows: Tracts I and J in Valley View Village Subdivision in Battlement Mesa P.U.D., as shown on the final plat for Valley View Village, Phases C and D recorded in the Office of the Garfield County Clerk and Recorder on December , 2005, as Reception No. TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the Grantor, either in law or equity, to the only proper use, benefit and behoof of the Grantee, its successors and assigns forever. IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth above. STATE OF COLORADO ss. COUNTY OF GARFIELD By Darter, LLC Terry Lawrence, Manager Acknowledged, subscribed and sworn to before me this Lawrence as Manager of Darter, LLC. WITNESS my hand and official seal. My Commission expires: I:\2005\Clients\Grace-1238tDocumentsCD open spa= QC.wpd day of _ , 2005, by Terry Notary Public After recording please return to: Leavenworth & Karp, PC P. O. Drawer 2030 Glenwood Springs, CO 81602 • • EASEMENT DEED THIS EASEMENT DEED made this day of , 2005, 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., Tract J, the buffer, utility, pedestrian and gas easement, and a private access, egress, ingress, emergency access, drainage and utility easement for Bryan Loop within Lot 24, as such easements and tracts are depicted on the Final Plat for Valley View Subdivision, Phases C and D, recorded in the Office of the Garfield County Clerk and Recorder on , 2005, as Reception No. No development of any kind, including without limitation fences or any other improvements, shall be allowed within the easements with the exception of improvements necessary for the construction of Bryan Loop. The easements 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 Terry Lawrence, Manager Acknowledged, subscribed and sworn to before me this day of , 2005, by Terry Lawrence as Manager of Darter, LLC. WITNESS my hand and official seal. My Commission expires: I:\2005\Clients\Grace- 1238\Documents\PhCD Easement Deed.wpd December 7, 2005 Notary Public Page 1 of 1 Please return to: Leavenworth & Karp, PC P.O. Drawer 2030 Glenwood Springs, CO 81602 • • December 07, 2005 Mr. Fred Jarman Garfield County Planning 108 8th Street, Suite 201 Glenwood Springs, CO 81601 MOUNTAIN CROSS ENGINEERING, INC. CIVIL AND ENVIRONMENTAL CONSULTING AND DESIGN RE: Security Reduction for Valley View Village, Phases C and D Dear Fred: It is the purpose of this correspondence to confirm the work performed to date by Mays Concrete on Valley View Village, Phases C and D. Based on the attached, "Summary of Engineer's Estimated Preliminary Construction Costs", the following has been completed: • Mobilization: approximately 25% complete: $20,000 * 25% _ $5,000 • Earthwork: approximately 75% complete: $70,000 * 75% _ $52,500 • Topsoil Stripping and Stockpile: 100% complete = $10,000 • NPDES Permitting: 100% complete = $1,500 In the professional opinion of Chris Hale, as a professional engineer licensed in the State of Colorado, #35964, and a representative of Mountain Cross Engineering, Inc, the total amount of security could be reduced by $69,000, the above total amount. This would reduce the total from $584,279.30 to $515,279.30. Feel free to call if any of the above needs clarification or if you have any questions or comments. Sincerely, Mountaain Cross Engineering, Inc Chris Hale, PE Attachment C: Ms. Cassia Furman, Leavenworth & Karp Mr. John Lawrence, Grace Homes 826 1/2 Grand Avenue • Glenwood Springs, CO 81601 PI -I. (1711 0L1 dd • FA V• 0711 0i1Z ZR • 1AiIAn4i mn. m4nind-rncc_nna enm • DEC. 7. 20 One Cntim9te da not include mitt ur g services, surveying, lap ices, em,serttenon adminisfiatio4 or utility saIi rasa. Hig1t Country Mellor be nala respOli ible lbr variances Dottie, estimate as lanai tests rely vary due to bidding final contracting and market June 20, 2005 BCE 30B N0: 2021055.04 Veciatest.rsAnasc.- DD.xie ITEM QUAN'ITTY UNIT COST COST Mobilisatioii l L,S. $20,000.00 $20,000.00 )earthwork 1 1,1-,5• t $90,000.00'. $701000.00 Topsoil St2P in8 and Stoe.V.ie _.•, . » I -...}.. _ 1 iL-S. ". $10 000002 Dri11 seed andHxdrumWab '. �1 U-4: $6,000. 9.1 $6 000A0 „w._.SS 00.... -.-• »� ,.,.,..•. Erosion and Sediment control----.�, ..- .._.._ ------._._-- .�, . -- 1 L.S. _ __ - _i _ 35 000,00 NFDES_Pernsittie .._......... _ M,�.-._ ___._... r N.�- 1 iL.S. �"...i_ . $1 00.00; ,._. $1 500.0 i T1afuiccntra1 1ELS- � •W $1,000,80 $11000.0D __--.�._.., ......, ,...-..,..I..._._._ �..,.. .,..�_. ............ 3" Asphalt _ 4407S.Y S10.50 j- . _ _ 2 f1s alt 0_t reet?skih8 VnMM. - p, ,».I,..,�I„ . �,... 256;S.Y. ~.t,.,l,..»- .,--• $8.75; ....,_.§46,273.$0$ i 15.00 9" Class ABC under Asphalts =sumps o, ttrb 8'" svol. and walks 1 15901C.Y. _.!.,» _ $3$.OD -"I.�.,._-S60.420.00 2'-66"' Mountable Curb dti Gutter tic 4' Sidewalk -� i 832aL.F. ---$25.00 i $51,010.00 2`-6" Mountable Curb & Guttae 9i S IL.F. i $16.001 si 4 j26.00 Concrete Cross Pap w►th Aprons 1035 S_F. ' 55.00`• s5 175.00 . •.!- Handicap tamp.,. .. ,II.�•-y-� ,- - 7`poh l ... $1100.00-1 57 00,00 Class 127295 d 3iE►Icr.52t0Ea Se Yield,,-_._.____._ 3 EaEl'-i____ 52024923„_-_ $600AC I I._-_ _ B .4x.11,. --..,,•.. Vol- 375.50 .v =ricc44. uenhing& 1tt s service marerialL Prov deddAtow cr- 3, ` „I,,.I,,..._. --,...-- r C900 Waterline - i -13961-F £22.00) $28.512.00 8" Gate Valve il$ach � ��$11120 OOj -� $8,960.00 6" 0900 Waterliae '� 401LF. i 5A0.001 $800.00 � I•__n,M-,"„II/,-_M.Ir,��n._..�___.-•T�Nyl.yprl_„�-,.-,•-.-n.. n,.n_. Y.Ir_..m__Y, __ 314" Water Service wl Single Meter Pit 't 3S $900, $31,500.00 Fire 14 zrint Aase;ntblz 4;1.5341 1 s,90Q.00 S15y660A0 ...., , .I ,.,,-�-_ . ��..._ ..,,.._.. .-- Connect to Fatisk Water Stub +� i 3�41 L eh -1 51,150.00 $3,450,00 -,..,._ _....... ,.�. s t-__ _.- .- YO'SA. -,----._. UB1 488 822.00 --.... :l price includes t enti_ im and Rims= 8" 5DR33 Sewerline _._....,,_.__._.,..,,,....--= .„.112544GF, $28.00: '5'',i1170-15 4' Dia. Manhole .----•••--..-, ,.,,--..�...,.__.,.._ . 10 Bach -.. s... ,..,...., M1d00.Ob S2fi000,00 Connectt_E tin $eaverStub...._. selt...t _-.$1,1150a0 ....._ 31,150.00 ___-_------.-..-=•,.••III 4' sewer' Service i -- 8 Each 4700. '525 200.00 _ ;SUB TOTAL ; $87,462.00 .,• ...,, ''-/:: - ._ - - - - ---------- --- ;i,11: - -Utility 4' Shallow UtilTrench __... ' 1357 GF, I $6.00 $8 142,00 _ 4" a sat s conduit installat on/conduit fumishad b5 utility),..... j• 13571LF.- $l• i $ 035.50 w • , ,50 ,2,•11.1..•.._ 4' Telephone Conduit,�conduitfinrnishsdbecvntraetor M i357;LF. $3.00i- $4,0071.00 t.,-•. - „,-- 2' Shallow Ut litV,.Trench............,.,_"--11......1..1i -- 554;; ... $3.501,,, ,.._,.,.,...-. $1,939.00 f inpsformer vault Excavation ; 6':Eseh 1' 5250,001 $1 500.00 i" Conduit Sleavia... Road wtxinterssctione _ _ i 227 I $4.00• - $$08.00 6" ,'Qu'''it Sleevir (,kaadwa2 va ecc ;..,,.. �......-'''•».-.-.... ....., �.. »...... 2 .L,L,--..I.... 1r, to ions ' "aa7;1.�. ,,y,•, �1;a,00� ...$908.00 Dernoliifon�OreTnn l:&ne1....__.,.•..._�.__-.�.. ''''...,.,_.. -1iLS. 52 000.0D, ...$2000.00 crept Pit Pole (C i 10:=241 i $1500. 00' �-$154000.00 Sur 1T $ $16000.00 --C 2 _,S ; ;50H ro1AT,SSZ 503.50 �.-�.---�-- -y�. ...---....,..•-..-_,._._,.---..... r .,.._.,j_- .... iSLJl3OTA[,..._,j.� . $5311163,00 "...--5%cat'A.R.nc'1,1 $36458,15 . .t-......r,..-� tog---------... ,-_-......-€._ = 21'2% construction Testin 8 � „1-124.7..9.01 __.,,.._.,.-•_..... ,"li Ili.m. «...,..._....__ �.,._,._,.,._,..� ' .I_.,.,.. i/2%Bondin 1,,..,,.....$7 79.05 -TOTAL $584,279.30 One Cntim9te da not include mitt ur g services, surveying, lap ices, em,serttenon adminisfiatio4 or utility saIi rasa. Hig1t Country Mellor be nala respOli ible lbr variances Dottie, estimate as lanai tests rely vary due to bidding final contracting and market • Valley View Village 5 °xbdivisian-Phases 'C and D' SUMMARY OF ENGINEER'S;. ESTIMATED IMINAR ' CONSTRUCTION COST June 20, 2005 EXHIBIT I A HCE JOB NO: 2021056.04 k:\costest-PHASES C AND D.xls ITEM QUANTITY UNIT COST COST g and Earthwork Mobilization 1 L.S: $20,000.00 $20,000.00 Earthwork 1 L.S. $70,000.00 $70,000.00 Topsoil Stripping and Stockpile 4 1 L.S. 1 $10,000.00: $10,000.00 Drill seed and Hydromulch __- 1 L.S. $6,000.00 $6,000.00 Erosion and Sediment Control 1 L.S. . $5,000.00 __—$5 ;000.00 NPDES Permitting _.._..—.___._._...._._._ 1 L.S. $1,500.00 $1,500.00 Traffic Control 1 L.S. $1,000.00 $1,000.00 3" Asphalt 1 4407 S.Y. $10.50 $46,273.50 2" Asphalt Offstreet Parking356:S.Y� -- -- $8:75- $3,115.00 9" Class 6 ABC under Asphalt, cross ans, curb & gutter and walks . 1590 C.Y. 1 $38.00: $60,420.00 2'-6" Mountable Curb & Gutter & 4' Sidewalk 1822:L.F. $28.00; $51,016.00 2'-6" Mountable Curb &Gutter € 911L.F. $16.00: $14,576.00 Concrete Cross Pan with Aprons 1035:S.F. : $5.00 $5,175.00 Handicap Ramp -___...__.__...___....------•- 7€Each - $1,100.00 $7,700.00 Class Ground Sign (Street,Stop, Speed, Yield) 3Each $200.00 $600.00 'SUB TOTAL $302,375.50 Domestic.1 ester •---price inc. trenching & fittings; service materials provided by owner --- 8" C900 Waterline 1296 L.F. $22.00: $28,512.00 8" Gate Valve 8:Each . $1,120.00: $8,960.00 6" C900 Waterline : 40 L.F. i.$20.00. $800.00 3/4" Water Service w/ Single Meter Pit 35iEach $900.00' $31,500.00 Fire Hydrant Assembly 4Each $3,900.00 $15,600.00 Connect to Existing Water Stub 3Each i $1,150.00 $3,450.00 `SUB TOTAL $88.822.00 -_-price includes trenching and fittings_- 8" SDR 35 Sewerline i1254L.F. 0 $28.0 $35,112.00 4' Dia. Manhole 10:Each $2,600.00 $26,000.00 Connect to Existing Sewer Stub lEach $1,150.00; $1,150.00 4" Sewer Service : 36.Each $700.00 $25,200.00 • :SUB TOTAL ' $87,462.00 4' Shallow Utility Trench 1357: L. F. $6.00; $8,142.00 ( y utility) - - e ectrtc conduit installation conduit furnished b- 1357 L.F. - _ -• 4" TelePhone Conduit conduit furnished bycontractor) __........._........... .--------._...._ _..._.__._µ 1357 L.F. _......1.._......_..__...._$3.00€ $4,071.00 2' Shallow Utility Trench _........._.._..__...._._..._. __........__............._. ___. _. _. _. 554: L.F. $3.50 $1,939.00 Transformer Vault Excavation 6 i Each $250.00 $1,500.00 4" Conduit Sleeving -------_._.__._._._...�.___..._._... mg COC Roadway Intersections __...._ ._. _._. 227'•.L.F. $4.00 $908.00 • 6" Conduit Sleeving @ Roadway Intersections 227: L. F. $4.00 $908.00 Demolition (Gregory Lane) 1 L.S. $2,000.00 Street Light Pole (CIP) 10 Each Survey __...._...._.._ 1 L. S. $1.50: $2,035.50 5617.... b These bids Engineering, fluctuations. $1,500.00 $15,000.00 $16,000.00_ $16,000.00 SUB TOTAL $52,503.50 _.__._._._....._.._.. SUB TOTAL $531,163.00 5 %Contingency $26_558:15 2 1/2% Construction Testing -- $13,279.08 i :21/2%Bonding $13.279.08 • TOTAL 1 $584,279.30 engineering services, surveying, tap fees, construction administration or utility soft costs. High Country ible for variances from its estimate as actual costs may vary due to bidding, final contracting and market DEC. 7, 2005 4:50FM'IMELE \NORTH & K \JO. 343 P. ' . . .. . . • 1 ' • • — June 20, 2005 • - .. ... —:- , r • j - HCE .103 NO: 2021056.04 P...4ceptest-liumms c .- D axle ITEM QUANT/TY UNIT COST COST . .... __. .. .. . .. . ..... . ... _ .. _ Mobilisation I L.S.520,000.00 I 520,000.00 Earthwork .7.F_IM.1.§Y.33.122,,T.IVT1 _Stolile „_,.,._.,... ....... .2.rig-Et4n-1..ng.T.g.?ulEL.... ., Erosion and Sediment 'Control NPDES Jier.r.niti.n.g.. Mg,. II Traffic Control 1" Asphalt 1 , L,s. I. $70,000.00! $70 000.00 $6 oo6.65 ,,...111,ps2,00 , 51 000.00 $46,273.50 ss iMo L- . • 1 I LS. 1 sis poO.ocii 1 i LS. ; 53,000,00i !.r... . i • ;v/ 1 il.-S • $1 000.00; 4407 S.'"r. ' SICL)1... . , $5.7s 1 2,'2.4s..allt Oft -street Purkiak ......,.,. ,. . r Class 6 ABC under ,cylhaiss.eass_par)1,ciwtb & t4ter arur Walks '1590 tO.Y. i $38.00° ...i............emili..../...omm ,+_...._.! 18221L.F. ; 323.001 i I 5111.F- i $16.00L 1... ' I0351S_F $5 00i S60,420.00 -51,01a-90 $14,576.00 S5 175.00 2'-6" Iviountable Curb i Outter & 4' Sidewalk 2'-6" Mountable Curb & Clutter Concrete Cross Pan with Ayrons 7 ' Zach i si lob. j 3 irsach, 5,200 00 57 700.00 $600 00 &HI Ofound Sign (Street Sloe Speed Yield? ; AL $302 375.50 • , . . .. ..... __ -•-• - • • - . =mice iltc. trensh•irm# Atte,. .......................................... r C900 Waterlfne _ _ . _ _ .. ___ .. j $28,51E00 SS 90 , 60.0... S800.00 ....4L 1296;1-F, i $22.001 . -L.1.20_ 1 3 Era71 1S100i 8" Gate Valve . 6" C900 Waterline__. ____ 3/4' Water Service ve SinFle Meter Pit -... ,. . 11.-F. ; 320 00i 40 i 35 Much $900.0_04 J ....4___ Each i 33,900.00% 3 3 . 1 3rEach j S1,150.661 $31,500.00 16 00.00 $6 2 Fire Htcirant Assembly .4- Connect to Exitig Water Stub ., $3 450.00 _....t_ 822.00 :SUN TOTAL i888 . • . • : • ... • . .. • .... _...._ _.... . __. --zrice i7,11.1q08 Irenctiatas411Mia, ..r=___............... 8" SDP. 33 Sewelle _ . , . . . y.5,112q0 ig,656:66 . 61,150.00 I35200.00 „.„_i__11544...F. __I..... ....... ..... $28.00: . ill Eac-Ti t S2 ioo.o-ol- ... r . Iiseh i __...111150,294 "1 '''' 361E16_4 S700.001 4' Ma. Manhole _._. .,....,,, 4" Sewer Service .....m.xlmoamplantram... . $€1,462.06 o . 1 SUB TetA17 1?:::i.:;•;7;.',;;;;, - ---- -- 4' Shrallow tjtility Trench 4; .. ke."5":5i909itk)FspatoEonsluit furaiu'lidy_Lstilieg) • - "•- ..... -• ' 1357 L,F, 1 $6 001 _i__ 1357:L.F. ...,.i..,___ $ I ,30.11035.S0 '' -125r.L.F. ' Sr.001-- - ' $8 142.00 ....t - $4 07l .00 sa,93s.00 $1 300.00 5008.00 $90g.00 1, 1s6.,giRti5o d56 7ti" Telephone don'duit conl.i. it funlished.by e.oturactor/.._ In / Mlle 1•1 MI 111 2Shallow UtilikIrench Iiiiiiiii ....................... . Vlau 1 ft ,:ciavatoni 4CO9C3U it SlIvirig.. Roadwax Itgarseetions. 6" COMalilit Sleevino Roadway boarseetions i 554 ;L-Fi si70 1 6!Each i 8250.00: i 2271:1..f. I saor - l 227 r1...F. a 134,00; 1I_5. laa„MR174C.M. FY..../A19......-......... --.....-,----. §4-1eiltOt _4...„..__,,S6633614:::::::::12906156 000 5i 1Ii—Et7.24 ,— ._-..... iEt,6j22-.0061,_._„,,... ___...........__1 ,a iSUB TOTAL t S52 503.50 . . . .._. ._ ...___ . . .... -• ;SUB TOTAL 1 I ,..1 +.-+— 111 Si4 Contingency.' $53111§3,00 $28.1q 51.3279.os i5S4,279.30 .,m,••••••mosammommimeup.•01=1,11.1•1•4ma=lm -4. ; 2 li2i4 Construction TestwAl . .2 1/214BortdinA ; -55iAL— • . . h_...._...._—. • ne the eglinate net Include engneerina *crimes, surveying, tap fess, ethstInseriee admstrator' or Malty son eosZ. Hies Coustry minor be ilind r*SPOI1gible for vaiticeo Rom itt estimate as actual cors rev vary due to bidding, nuiemiramsngaid market • A WestWater Engineering 2516 FORESIGHT CIRCLE, #1 GRAND JUNCTION, COLORADO 81505 (970) 241-7076 FAX (970) 241-7097 November 29, 2005 Bruce Smith, District Manager Battlement Mesa Consolidated Metro District P.O. Box 6116 Battlement Mesa, Colorado 81636 RE: Review Comments on Resubmittal of Final Plans for Valley View Village Subdivision, Phases C & D Dear Bruce, We have reviewed the revised Plans for the Valley View Village Subdivision, Phases C & D that we received from High County Engineering on November 14, 2005. The revised Plans were in response to our comments dated November 4, 2005. All of our comments have been addressed and the Plans can be approved for construction. We have requested four full sets of the Plans once they are approved. We will retain two sets at our office, and forward two sets to the District for your use during construction. We have not been notified of a construction schedule or the Contractor selected by Grace Homes. Unless we hear from you differently, we assume that the District will provide inspection services during construction. The District should also check with Garfield County to ensure that the County has approved the Plat and Plans and all of the County's requirements have been met. Please let us know if you have any questions regarding the final approval of the Valley View Village Subdivision, Phases C & D. Respectfully, 04,\/(1, Stephen T. LaBonde Project Manager STL/bw cc: Darin Carei, Grace Homes Dan Dennison, High Country Engineering Fred Jarman, Garfield County Ted Anderson, Battlement Mesa Metro District 09/28/2005 WED 16:35 FAX 97052 0103 GRACE HOMES Il STATEMENT OF AUTHORITY • I, Terry Lawrence, as Member of Darter, LLC, a Colorado limited liability company whose primary address is 786 Valley Court, Grand Junction, CO 81505, hereby authorize David H. McConaughy, Esq., to act on behalf of and by the authority of Darter, LLC in all matters relating to the development of Valley View Village Subdivision. I220051Clients'Grace• 1238\Decumencs\DHM aulhority.wpd September 28, 2005 Terry Lawrence Member, Darter, LLC Dated: 0002/002 • • Garfield County INTEROFFICE MEMORANDUM SURVEYOR SCOTT AIBNER, P.L.S To: Fred Jarman, Building and Planning Department From: Scott Aibner — Garfield County Surveyor Subject: Valley View Village Sub. Phase C and D in Battlement Mesa PUD - Review Date: 11/7/05 Dear Fred, Upon review of the Valley View Village Subdivision, Phase C and D in Battlement Mesa PUD plat, I have prepared a list of comments or corrections to be made prior to approval for survey content and form. ✓l. Center line and Tract information is needed for the curve at the top of Bryan Loop. /2. A distance is needed for the north line of lot 23. Once these comments have been addressed, the surveyor may prepare the mylar for record pending further requirements from your office Sincerely, Scott Aibner As Garfield County Surveyor cc Frank Harrington- High Country Engineering, Inc. 109 8 th Street ,Suite 201 • Glenwood Springs, C081601 • (970)945-1377 • Fax: (970)384-3460 • e-mail:saibner@garfield-county_com • • GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT AGREEMENT FOR PAYMENT FORM (Shall be submitted with application) GARFIELD COUNTY (hereinafter COUNTY) and (hereinafter APPLICANT) agree as follows: I I / 1. APP ICANT has submitted to COUNTY an application for V a I I c( V iG frtJ ��t 0� Slit kd 1 V I s/ � (7I t5GS C I- D (hereinafter, THE PROJE T). J 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. 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 acknowledges 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 Signature v 0 2—(k, ti -Ai 169 - Date: / (/ / / S T6 /0/ G\14- 60 Print Name i. C-- Mailing ✓ Mailing Address: 14 IV d J ,t,' e. 770 4) Co 7 t9 A-t(F ' 10/2004 Page 4