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HomeMy WebLinkAbout01.0 SIA1 111111111111111111111111111111111111111111111111111111 571133 10/20/2000 02:43P 81213 P482 M ALSDORF 1 of 9 R 0.00 D 0.00 GARFIELD COUNTY CO SUBDIVISION IMPROVEMENTS AGREEMENT WHITECLOUD RIDGE SUBDIVISION f4 THIS AGREEMENT is made and entered into this / ' day of UJ. (/ S , 1997, by and between THOMAS W. LEVITT and MOLLY G. LEVITT, (hereinafter "Owner") and the BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, STATE OF COLORADO, (hereinafter "County"). WITNESSETH: WHEREAS, approval for the preliminary plan for the Whitecloud Ridge Subdivision (formerly known as the Levitt Subdivision) was obtained under the terms and conditions set forth in letter dated July 9, 1996; and WHEREAS, Owner has submitted to the County for its approval the Final Plat for Whitecloud Ridge Subdivision (hereinafter "Final Plat") for the property described on Exhibit A attached hereto and incorporated herein; WHEREAS, as a condition of approval of the Final Plat and as required by the laws of the State of Colorado, the Owner wishes to enter into this Subdivision Improvements Agreement with the County; and WHEREAS, Owner has agreed to execute and deliver a letter of credit to the County to secure and guarantee its performance of 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 hereinafter. NOW, TH EREFORE, for and in consideration of the premises and the following mutual covenants and agreements, the parties hereby agree as follows: 1. FINAL PLAT APPROVAL. The County hereby accepts and approves the Final Plat, subject to the terms and conditions of this agreement, as well as the terms and conditions of the Preliminary Plan approval, and the requirements of the Garfield County Zoning and Subdivision Regulations. 2. OWNER'S PERFORMANCE. Owner has constructed and installed or shall cause to be constructed and installed, at its own expense, those improvements related to Whitecloud Ridge Subdivision which are required to be constructed by this Agreement, the Final Plat and all applicable Garfield County Zoning and Subdivision Regulations. Those improvements shall be completed on or before October 1, 1998. Additionally, the Owner shall comply with the following: A all plat documents submitted prior to or at the time of the Final Plat approval, which are inccrporated herein by reference, and made a part of this agreement; �rl 1 111111 11111 111111 11111 111111 1111 1111 1 11 111 11111 1111 1111 571153 10/20/2000 02:43P B1213 P483 M ALSDORF 2 of 9 R 0.00 D 0.00 GARFIELD COUNTY CO B. all laws, regulations, orders and resolutions of the County of Garfield, State of Colorado, and affected special districts; and C. all designs, maps, specifications, sketches, and other materials submitted to and approved by any of the above -stated governmental entities. D. the improvements to be constructed by the Owner shall include, but are not limited to the following: (1) water supply and distribution system for the Whitecloud Ridge Subdivision in accordance with plans and specifications submitted to the Colorado Department of Health by transmittal dated September 5, 1996. (2) internal roads, pedestrian ways, drainage features and utility structures, in accordance with the plans and specifications therefor contained in the Final Plat. (3) Improvement of Harmony Lane from Wind River Road to County Road 102 to Secondary Access Standards, including a chip and seal surface. (4) Revegetation in accordance with plans contained in the Final Plat documents. The County agrees that if all improvements are installed in accordance with this agreement, Final 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, then the Owner shall be deemed to have satisfied all terms and conditions of the Zoning and Subdivision Regulations of Garfield County, Colorado. 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 Owner shall deliver a Letter of Credit in a form acceptable to the County in the amount of $502,585.00 which is the estimated cost of completion of the subdivision improvements related to Whitecloud Ridge Subdivision as set forth and certified by a licensed engineer on Exhibit B attached hereto. 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. 4-5106(2) by a bank that is licensed to do business in the State of Colorado, doing business in the State of Colorado, and 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, provided, however, that Subdivision Improvements Agreement Page 2 1111111111111111111111111111111111111111111111111111111 571153 10/20/2000 02:43P B1213 P484 M ALSDORF 3 of 9 R 0.00 D 0.00 GARFIELD COUNTY CO an amount of security adequate to guarantee the survival of plantings shall remain in effect for two (2) years from date hereof.. If the time for completion of improvements is extended by a written agreement to this Agreement, the time period for the validity of the Letter of Credit shall be similarly extended. Additionally, should the Letter of Credit become void or unenforceable for any reason, including the bankruptcy of the Owner or the financial institution issuing or confirming the Letter of Credit, prior to acceptance of the improvements, 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 Letter of Credit. The County shall release portions of the Letter of Credit as portions of the subdivision improvements are completed to the satisfaction of the County. Certification of completion of improvements adequate to authorize 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 Final Plat plans, 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 the Owner, the County may inspect and review the improvements certified as complete, to determine whether or not said improvements have been constructed in compliance with the relevant specifications. If the County determines that all or a portion of the improvements certified as complete are not in compliance with the relevant specifications, the County shall furnish a letter of potential deficiencies to the Owner within fifteen (15) days 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 which identifies a portion of the certified improvements as potentially deficient, then all improvements not so identified in the letter of potential deficiencies shall be deemed accepted and the County shall release the appropriate amount of security as such relates to the certified improvements that are not identified as potentially deficient in the letter. With respect to any improvements certified as complete by the Owner that are identified as potentially deficient in a letter of potential deficiencies as provided in this paragraph, the County shall have thirty (30) days from the date of the letter of potential deficiencies to complete its investigation and provide written confirmation of the deficiency to the Owner. If upon further investigation the County finds that the improvements are acceptable, then appropriate security shall be released to the Owner within ten (1 0) days after completion of such investigation. In the event the improvements are not accepted by the County, the Board of Commissioners shall make a written finding prior to Subdivision Improvements Agjxment Paye 3 1 111111 11111 111111 11111 111111 1111 111111 111 11111 1111 1111 571153 10/20/2000 02:43P B1213 P485 M ALSDORF 4 of 9 R 0.00 D 0.00 GARFIELD COUNTY CO 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. Substitution of Letter of Credit. The County may, at its sole option, permit the Owner to substitute collateral other than a Letter of Credit acceptable to the County for the purpose of securing the completion of the improvements as hereinabove provided. d. Recording of Final Plat. No Final Plat shall be recorded pursuant to this .Agreement until the Letter of Credit described in this Agreement has been received and approved by the County. 4 WATER SYSTEM. All easements and facility sites necessary for the water delivery system within Whitecloud Ridge Subdivision shall be indicated upon the Final Plat as dedicated to the Whitecloud Ridge Homeowners Association (hereinafter the "Association"). Upon completion of the water delivery system the Owner shall transfer to the Association all easements and facilities of the water system, whether within or without the Final Plat, and all water rights, water allotment contracts, well permits, and other water rights necessary to provide domestic water service to the dwelling units approved in the Final Plat as provided in the Whitecioud Ridge Domestic Water System Operating Agreement. 5 ROADS. All streets and roads within the Final Plat shall be dedicated as perpetual, non-exclusive access easements and rights-of-way for the use and benefit of the public subject to the right of appropriate public utility companies and the Association to utilize said streets and roads as utility, irrigation and drainage easements. The Association shall be solely responsible for the maintenance, repair and upkeep of all such roads. The County shall not be obligated to maintain any roads within the Subdivision. 6. INDENLNTTY, To the extent allowed by law, the Owner agrees to indemnify and hold the County harmless and defend the County from all claims which may arise as a result of the Owner's installation of the improvements required pursuant to this agreement. However, the Owner does not indemnify the County for claims made asserting that the standards imposed by the County are improper or the cause of the injury asserted, The County shall be required to notify the Owner of receipt of a notice of claim, or a notice of intent to Sue and shall afford the Owner the option of defending any such claim or action. Failure to notify and provide such written option to the Owner shall extinguish the County's rights under this paragraph. Nothing herein stated shall be interpreted to require the Owner to indemnify the County from claims which may arise from the negligent acts or omissions of the County or its employees. 7. SCHOOL IMPACT FEES. The parties recognize and agree that the approval of the Final Plat constitutes approval of 13 single family lots for a total of 15 dwelling units. Subdivision improvements Agreement Page 4 1111111 11111 111111 IIIII 1111111111 BRIM 11111 11111111 571153 10/20/2000 02:43P B1213 P486 M ALSDORF 5 of 9 R 0.00 D 0.00 GARFIELD COUNTY CO The parties agree that school impact fees shall be determined to be $200.00 per dwelling unit. The Owner specifically agrees that it is obligated to pay the same, herein accepts that obligation, and waives any claim that it is not so obligated or required to pay school impact fees. The Owner agrees that subsequent to recording of the Final Plat, the Owner will not claim, nor is the Owner entitled to, a reimbursement of the school impact fees paid in conjunction with this Subdivision Improvements Agreement. 8. SALE OF LOTS. No lots within the Whitecloud Ridge Subdivision shall be conveyed prior to recording of the Final Plat. 9. ISSUANCE OF BUILDING PERMITS. As one remedy for breach of this agreement, the County may withhold issuance of building permits for any structure within the Subdivision. The parties agree that no building permit shall be issued until the Owner demonstrates to the satisfaction of the Fire District that adequate water is available for the Fire District's purposes at the site of construction. Further, the parties agree that no certificate of occupancy shall be issued for any building or structure within the Subdivision until all subdivision improvements have been completed and are operational, as required by this agreement. Finally, the Owner herein agrees that prior to the conveyance of any lot within this subdivision, it will provide to the purchaser of that lot a signed copy of Exhibit C attached hereto, notifying the owner of the foregoing restrictions upon issuance of building permits and certificates of occupancy. 10. ENFORCEMENT. In addition to any rights which may be provided by Colorado statute, it is mutually agreed that the County or any purchaser of a lot within the Subdivision shall have the authority to bring an action in the District Court of Garfield County, Colorado, to compel enforcement of this agreement. 11. CONSENT TO VACATE PLAT. In the event the Owner fails to comply with the terms of this agreement, including the terms of the Preliminary Plan approval, the County shall have the ability to vacate the final plat as it pertains to Tots 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 Tots shall remain valid. The Owner shall provide a survey and complete legal description with a map showing the location of a portion of the plat so vacated. 12. 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. 13. RECORDING. Upon execution and authorization by the County, the Owner shall record this agreement with the Office of the Clerk & Recorder for Garfield County, Colorado. 14. VENUE AND JURISDICTION. Venue and jurisdiction for any cause arising out of or related to this agreement shall lie in the District Court for Garfield County, Colorado, and be construed pursuant to the laws of the State of Colorado. Subdivision Improvements Agreement page 5 .08/14/97 10 57 V970 945 9769 LARRY GREEN 1 1111 11 11111 1111 1 11111 111111 1111 111111 111 11111 1111 11 1 1 371163 10/20/2000 02:43P 81213 P487 M ALSDORF 6 of 9 R 0.00 D 0.00 GARFIELD COUNTY CO 11008 15. AMENDMENT. The parties hereto mutually agree that this agreement may be amended from time to time, provided such amendment in writing and signed by the parties hereto. 16. NOTICE. All notices required herein shall be tendered by personal service or certified mail upon the following individuals or agents of the parties to this agreement: Board of County Commissioners of Garfield County c/o Mark Bean, Planning Director 109 8th Street, Suite 303 Glenwood Springs, Co 81601 Thomas W. Levitt Molly G. Levitt P Box 414740 Kansas City, MO 64141 with copy to: Lawrence R. Green Delaney & Balcomb, P.C. P.O. Drawer 790 Glenwood Springs, CO 81602 ENTERED INTO the day and year first above /writ / , ATTEST: THOMAS W. LEVITT 11,, 4. `J�ni MOLLY G. LEVITT BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO By Clerk to the Board Igllevitl�.sia.256`Augiyt{' lA, 1997 C1 Subdivision Improvements Agreement Page 6 Chairman 1111111 11111 111111 11111 EMIlli 111E111 1111111111111 571153 10/20/2000 02:43P B1213 P488 M ALSDORF 7 of 9 R 0.00 D 0.00 GARFIELD COUNTY CO EXHIBIT A A PARCEL OF LAND SITUATED 1N THE SW1/4 OF SECTION 28 AND THE SE1/4SE1/4 OF SECTION 29 TOWNSHIP 7 SOUTH, RANGE 87 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO; SAID PROPERTY BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 28, A GARFIELD COUNTY SURVEYOR BRASS CAP IN PLACE, THE TRUE POINT OF BEGINNING; THENCE S 89'55'39" W ALONG THE SOUTHERLY LINE OF SAID SECTION 29 1324.02 FEET TO THE EAST SIXTEENTH CORNER OF SECTION 29 AND SECTION 32; THENCE N 03'37'21" E ALONG THE WESTERLY LINE OF THE SE1/4SE1/4 OF SAID SECTION 29 1376.58 FEET TO THE SOUTHEAST SIXTEENTH CORNER OF SECTION 29; THENCE N 89'27'43" E ALONG THE NORTHERLY LINE OF SAID SE1/4SE1/4 1355.71 FEET TO THE SOUTH SIXTEENTH CORNER OF SECTION 28 AND SECTION 29; THENCE N 04'53'43" E ALONG THE WESTERLY LINE OF SAID SECTION 28 14.•53 FEET TO A POINT IN AN EXISTING FENCE; THENCE LEAVING SAID WESTERLY LINE THE FOLLOWING FIVE (5) COURSES ALONG SAID EXISTING FENCE: 1. S 89'50'52" E 489.38 FEET 2. N 88'49'00" E 162.00 FEET 3. S 89'21'00" E 230.00 FEET 4. N 89'48'00" E 174.98 FEET 5. S 89'00'00" E 277.90 FEET; THENCE LEAVING SAID EXISTING FENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 120.00 FEET AND A CENTRAL ANGLE OF 77'47'32" A DISTANCE OF 162.93 FEET (CHORD BEARS S 42'41'34" W 150.70 FEET); THENCE S 81'35'20" W 281.45 FEET, THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 220.00 FEET AND A CENTRAL ANGLE OF 52'15'54" A DISTANCE OF 200.68 FEET (CHORD BEARS S 55'27'23" W 193.80 FEET); THENCE S 29'19'26" W 99.23 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 280.00 FEET AND A CENTRAL ANGLE OF 17'47'49" A DISTANCE OF 86.97 FEET (CHORD BEARS S 38'13'21" W 86.62 FEET); THENCE S 36'43'42" E 100.68 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 400.00 FEET AND A CENTRAL ANGLE OF 05'08'52" A DISTANCE OF 35.94 FEET (CHORD BEARS S 34'09'16" E 35.93 FEET); THENCE S 31'34'50" E 76.82 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 170.00 FEET AND A CENTRAL ANGLE OF 68'26'41" A DISTANCE OF 203.08 FEET (CHORD BEARS 5 65'48'11" E 101.22 FEET); THENCE N 79'58'28" E 155.83 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 500.00 FEET AND A CENTRAL ANGLE OF 17'43'43" A DISTANCE OF 154.71 FEET (CHORD BEARS N 71'06'37" E 154.09 FEET); THENCE N 62'14'46" E 15.12 FEET TO A POINT ON THE EASTERLY LINE OF SW1/4SW1/4 OF SECTION 28; THENCE S 03'23'54" W ALONG SAID EASTERLY LINE 801.53 FEET TO THE WEST SIXTEENTH CORNER OF SECTION 28 AND SECTION 33; THENCE S 89'40'17" W ALONG THE SOUTHERLY LINE OF SAID SECTION 28 1371.75 FEET TO THE TRUE POINT OF BEGINNING; SAID PARCEL CONTAINING 79.451 ACRES. MORE OR LESS. 11111 1111111 111111 1111 111 111111111101 571153 10/20/2000 02:43P B1213 P489 M ALSDORF /Gh' 8 _f.,.,..-0D0.0 -- RFIELD COUNTY CO GK.W TR Y NGYVEE�lNG ,���� S ENGINEER'S OPINION OF PROBABLE CONSTRUCTION COST FOR WHITECLOUD RIDGE SUBDIVISION PUBLIC IMPROVEMENTS HCE JOB NO.: 95060.05 DATE:6/04/97 ITEM Mobilization & Grading Class 3 ABC Class 6 ABC 18" CMP 18" Flared End Class I Ground Sign 8" DIP Waterline 8" Water Valve 2" Water Line Pump House and Chlor. Fire Hydrant Assembly 1" Water Service Riprap Transformer Vault Exc. 4' Utility Trench Conduit & Warn. Tape Revegetation Tank Appurtances Water Tank (200k gal) Harmony Rd Improvement Mobilization & Grading Class 3 ABC Class 6 ABC Chip and Seal UNIT QUANTITY COST 1 L.S. 30,000.00 3700 C.Y. 15.00 1400 C.Y. 20.00 195 L.F. 27.00 10 Each 130.00 5 Each 200.00 4475 L.F. 29.00 4 Each 600.00 840 L.F. 8.00 1 L.S. 24,000.00 3 Each 2,500.00 13 Each 1,400.00 10 C.Y. 30.00 6 Each 400.00 4200 L.F. 5.00 4200 L.F. 1.00 1 L.S. 7,000.00 1 L.S. 12,000.00 1 L.S. 95,000.00 SUBTOTAL COST 30,000.00 55,500.00 28,000.00 5,265.00 1,300.00 1,000.00 129,775.00 2,400.00 6,720.00 24,000.00 7,500.00 18,200.00 300.00 2,400.00 21,000.00 4,200.00 7,000.00 12, 000.00 95,000.00 $451,560.00 1 L.S. 8,000.00 8,000.00 1050 C.Y. 15.00 15, 750.00 400 C.Y. 20.00 8,000.00 6425 S.Y. 3.00 19,275.00 SUBTOTAL $51,025.00 TOTAL $502,585.00 This opinion of probable construction cost was prepared for estimating purposes only. High Country Engineering, Inc. cannot be held responsible for variances from this estimate as actual costs may vary due to bid and market fluctuations. 923 Cooper Avenue • Glenwood Springs, CO 81601 Telephone: (970) 945-8676 • FAX: (970) 945-2555 EXFIIBIT C NOTICE REGARDING BUILDING PERMITS TO: All purchasers of Lots within Whitecloud Ridge Subdivision YOU ARE HEREBY NOTIFIED that under applicable Garfield County regulation you may not commence construction of a residence within unincorporated Garfield County, including Whitecloud Ridge Subdivision, prior to issuance of a building permit by Garfield County. Additionally, Garfield County shall issue no Certificate of Occupancy for structures within Whitecloud Ridge Subdivision until all of the subdivision improvements required of the Developer have been completed and are operational in accordance with the Subdivision Improvements Agreement between the Developer and Garfield County. Thomas W. Levitt Molly G. Levitt The foregoing Notice regarding building permits was read and understood by the undersigned purchaser of a Lot within Whitecloud Ridge Subdivision this day of , 199 . 1111111 11111 111111 11111 11111 1111 111111 ill 11111 Illi 1111 571153 10/20/2000 02:43P 81213 P490 M ALSDORF 9 of 9 R 0.00 D 0.00 GARFIELD COUNTY CO JOHN A. THULSON EDWARD MULHALL, JR. SCOTT BALCOME LAWRENCE R. GREEN TIMOTHY A. THULSON LORI J. M. SATTERFIELD EDWARD B. OLSZEWSKI DAVID SANDOVAL BALCOMB & GREEN, P.C. ATTORNEYS AT LAW P. 0. DRAWER 790 818 COLORADO AVENUE GLENWOOD SPRINGS, COLORADO 81602 VIA HAND DELIVERY TO: Telephone: 970.945.6546 Facsimile: 970.945.9769 October 13, 2000 Mark Bean, Planning Director Garfield County Building and Planning Department 109 8th Street, Suite 303 Glenwood Springs, CO 81601 Re: Whitecloud Ridge Subdivision Dear Mark: RECEIVED OCT 1 3 2000 OF COUNSEL: KENNETH BALCOMB Enclosed please find the following documents: 1. Two original Amendments to Subdivision Improvements Agreement executed by Mr. and Mrs. Levitt; 2. An Irrevocable Standby Letter of Credit issued by Bank of Colorado -Western Colorado in the amount of $675,000.00 as required by the Amendment to SIA; and 3. A check from the Levitts in the amount of $2,600.00 made payable to the Garfield County Treasurer for School District fees. It is our understanding that you will now present the Amendment to Subdivision Improvements Agreement to the Board of County Commissioners for signature, whereupon the Final Plat of Whitecloud Ridge Subdivision may be recorded. Please let me know when this matter will be submitted to the Board. LRG/bc Encls. xc: Thomas W. Levitt Don Deford, Esq. Very truly yours, BALCOMB & GREEN, P.C. A a� rence ' G fen a0 10 J Va J o -v .J/01.1 L.Ahhi lKL.t.' ROAD MAINTENAN E AGREEMENT THIS AG EEMEAATentered into this day of June, 1996, by and between HARMONY VIEW HOMEOWNERS ASSOCIATION; PINION GROVE HOMEOWNERS ASSOCIATION; JOSEPH'S MEADOWS HOMEOWNERS ASSOCIATION; and LEVITT ALO HOMEOWNERS ASSOCIATION. w.1i,ratou� Lnt �i RECITALS I. Harmony View Subdivision is a subdivision located primarily in Eagle County and partially in Garfield County, Colorado, consisting of seven (7) Tots, six (6) of which utilize a road known as Harmony Lane for access. The owners of each of the six lots within Harmony View Subdivision that utilize Harmony Lane as access are members of the Harmony View Homeowners Association. 2. Pinion Grove Exemption is a subdivision located in Garfield County, Colorado, consisting of four (4) lots. The owners of the 4 lots within Pinion Grove Exemption constitute the members of the Pinion Grove Homeowners Association. 3. Joseph's Meadows Subdivision is a subdivision exemption located in Garfield County, Colorado, consisting of three (3) lots. The owners of the 3 Tots within Joseph's Meadows Subdivision exemption, constitute the pt9mbers of the Joseph's Meadows Homeowners Association. /.{ITEc t 9 6-t 4. Levitt Subdivision is a proposed subdivision located in Garfield County, Colorado, Subdivision, proposed to consist of thirteen (13) lots. The owners of the 13 lots within Levitt Subdivision will constitute the members of the Levitt Subdivision Homeowners Association. 5. The owners of the twenty six (26) lots referenced in paragraphs 1 through 4, inclusive, above, each use portions of Harmony Lane for access to their respective properties, all as more fully set forth hereinbelow. 6. The parties hereto have reached the following agreement with respect to sharing the costs of the future repair and maintenance of Harmony Lane and wish to memorialize said agreement in writing. NOW, 77NEREFORR in consideration of the keeping and performance of the mutual promises and covenants set forth herein, the parties hereto agree as follows: 1. Harmony Lane, Harmony Lane is hereby defined as that certain existing roadway located just westerly of the Eagle County/Garfield County line, from its intersection with Fender Lane 06/06/96 16:37 $970 945 9769 LARRY GREEN (County Road 102) southerly to its intersection with Wind River Road. For purposes of this Agreement, Harmony Lane shall be further divided into three sections, defined as follows: a. North Section shall mean that portion of Harmony Lane of approximately feet in length from the intersection of Harmony Lane and Fender Lane to the intersection of Harmony Lane and the northerly entrance into Harmony View Subdivision; b. Center Section shall mean that section of Harmony Lane of approximately feet in length from the intersection of Harmony Lane and the northerly entrance into Harmony View Subdivision to the intersection of Harmony Lane and the southerly entrance into Harmony View Subdivision, which is the same point as the entrance into Joseph's Meadows Subdivision; c. South Section shall mean the section of Harmony Lane of approximately feet in length from the intersection of Harmony Lane and the southerly entrance into Harmony View Subdivision and Joseph's Meadows Subdivision to the intersection of Harmony Lane and Wind River Road. 2. Use of Harmony Lane and Sharing of Repair and Maintenance Costs. The parties wish to share the ongoing and future repair and maintenance costs of Harmony Lane on a prorata basis, determined according to the number of users of each section of Harmony Lane. The parties therefore agree that the sections of Harmony Lane are used as stated below, and that costs of repair and maintenance of each section of Harmony Lane shall be shared as follows: North Section is used by 26 lots, consisting of 6 Tots in Harmony View Subdi ' :. a.h's Meadows Subdivision, 4 Tots in Pinion Grove Exemption, and 13 lots tt Subs ivisio The cost of ongoing and future repair and maintenance of the North Section : . vided into 26 equal parts and each lot using the North Section will be allocated 1/26th of said cost. b. Subdi 1310 will be 1/24th of said cost. Center Section is used by 24 lots, consisting of 4 lots in Harmony View h's Meadows Subdivision, 4 lots in Pinion Grove Exemption, and The cost of future repair and maintenance of the Center Section equal parts and each lot using the Center Section will be allocated c. South Sec Exemption, and 13 lot in South Section will be div, be allocated 1/17th of said cost. 7 lots, consisting of 4 Lots in Pinion Grove Levitt-Sub.ivision. The cost of repair and maintenance of the o 17 equal s = s and each lot using the South Section will 6;6/96 Draft Road Maintenance Agreement Page 2 !ooa 06%U6-'96 16:ji ' 97U 943 9769 LARRY (ALEN 3. Method of Paypaent of Road Maintenance Costs a. Obligation of Homeowners Association, The obligation to pay the proportionate share of the Harmony Lane repair and maintenance costs, as allocated above, shall be the responsibility of and shall be paid by the Homeowners Association for each affected subdivision. The sums due from each Homeowners Association shall be determined by the number of lots whose owners are members of each such association who use the various sections of Harmony Lane as specified herein. It is anticipated that such Homeowners Association shall assess each lot whose owners are members of such Association such lot's allocated share, provided, however, that the precise manner in which each Homeowners Association collects the monies from the individual lot owners shall be in accordance with the applicable internal documents and procedures of each Homeowners Association. 10006 b. Manner of Assessment. Prior to May 31 during each year of the term of this Agreement, the Presidents, or such other representatives as may be designated in writing, of each Homeowners Association which is a party hereto, shall meet and confer with respect to items of routine repair and maintenance of Harmony Lane which may be expected during the succeeding twelve (12) months. Upon the unanimous agreement of such representatives, each Homeowners Association shall, within twenty (20) days, pay to a joint road maintenance fund the total amount due from each such Association, which shall be equal in amount to the cumulative amount allocated in accordance witih this Agreement to the lots whose owners are members of such Association. Upon reaching such agreement, the representatives shall designate one of their number to negotiate and enter into such contracts for services with third parties as are appropriate to cause the anticipated repair and maintenance to be accomplished. The cost for such services shall then be paid from the sums deposited into the road maintenance fund by the parties hereto. In the event that the representatives of the Homeowners Associations are unable to reach unanimous agreement with respect to items of repair and maintenance and allocations therefor, the Harmony Lane road maintenance allocation for each lot within each subdivision party hereto shall remain the same as said allocation for the preceding year and the amount due from each party hereto shall be the same as in the preceding year. Allocations for emergency or extraordinary repair and maintenance to Harmony Lane shall be made in accordance with the terms of this Agreement and the Homeowners Associations party hereto shall have the authority to contract and pay for such emergency or extraordinary repair and maintenance to Harmony Lane by following the same procedures as those set forth herein for routine repair and maintenance. Rad Maintenance Agreement 6/6/96 Draft Page 3 06/06.96 16:38 $970 945 9769 LARRY GREEN auu7 4. Term of Ay -et -meat. The initial term of this Agreement shall be for a period of ten (10) years, and shall thereafter automatically renew for successive five (5) year periods; provided, however, that this Agreement shall terminate automatically upon the earlier of (i) the acceptance of the responsibility for repair and maintenance of Harmony Lane by any state, county, municipal, or quasi -municipal (such as a road maintenance district) entity, or (ii) the anniversary date of this Agreement in the year 2051.. 5. Additional Users of Harmony Lane. The parties recognize and agree that as of the date hereof there are other users of Harmony Lane who are not parties to this Agreement, and further recognize that there are other lands susceptible of development that may use Harmony Lane as access (hereinafter collectively referred to as "Additional Users of Harmony Lane"). The parties hereby agree that this Agreement may be amended without their further consent by the addition of Additional Users of Harmony Lane so long as such Additional Users of Harmony Lane agree to pay their proportionate share of the repair and maintenance costs of Harmony Lane allocated in accordance with the concepts established by this Agreement, and provided further, that such Additional Users of Harmony Lane execute and deliver to the parties hereto a memorandum indicating their agreement and the necessary changes in the number of users of the various sections of Harmony Lane and the resultant changes in allocation of costs. 6. Miscellaneous. a. Governing Law and Venue. This Agreement shall be governed by, interpreted under, construed and enforced in accordance with the laws of the State of Colorado. The parties agree that any action to enforce any provision of this Agreement shall be brought in the District Court in and for Garfield County, Colorado, and that such court shall be the exclusive venue within Colorado for any such action, b. Entire Agreement. This Agreement contains the entire understanding between the parties with respect to the subject matter hereof and supersedes any prior understandings and agreements between them with respect thereto. c. Recovery of Attorney Fees. In the event suit is brought to enforce or interpret any part of this Agreement, the prevailing party shall be entitled to recover, as an element of its costs of suit and not as damages, reasonable attorney fees as determined by the Court. d. Titles and Captions. The headings used in this Agreement are for purposes of convenience only and shall not be used in interpreting this Agreement. e. Signatures in Counterparts_ This Agreement may be executed in one or more counterparts, all of which shall constitute a single agreement and each of which shall be an Road Maintenance Agreement 6/6/96 Draft Page 4 06;06.9"d 16:22 2Y970 945 9769 LARRY GREEN original for all purposes. It is agreed and understood that the :,iwiatures of the parties on a copy hereof transmitted by facsimile shall be sufficient as if ar. original signature. f. Severability. If any term or provision of this .A.ureerne;tt is held to be invalid, unenforceable or illegal for any reason whatsoever, such provision shall be severed from this Agreement and shall not affect the validity of the remainder of this Agreement. IN W77NESS W1JEREOF, the parties hereto have executed this Agreement as of the day and year first above written. HARMONY vmW HOMEOWNERS ASSOCIATION By President PIINION GROVE HOMEOWNERS :ASSOCIATION By JOSEPH'S MEADOWS HOMEOWNERS ASSOCIATION By President LEVITT SUBDIVISION HOMEOWNERS ASSOCIATION By_ -- Road Maintcnancc Agreement 6/6196 Draft Page 5 President President 06/06/96 16:39 ''970 b45 9769 LARRY GREEN original for all purposes. It is agreed and understood that the signatures of the parties an a copy hereof transmitted by facsimile shall be sufficient as if an original signature. f. Severability. If any term of provision of this Agreement is held to be invalid, unenforceable or illegal for any reason whatsoever, such provision shall be severed from this Agreement and shall not affect the validity of the remainder of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. HAR By OMEOWNERS ASSOCIATION PINI N GROVE President OMEOWNERS ASSOCIATION JOSEPH'S MEADOWS HOMEOWNERS ASSOCIATION President By President LEVITT SUBDIVISION HOMEOWNERS ASSOCIATION By�, President R.ced Maintenance Agramcnt 6/6196 Drift Piga 5 boos 26.9829644 16:30 $970 945 9769 LARRY GREEN original for all purposes. It is agreed and understood that the signatures of the parties on a copy hereof transmitted by facsimile shall be sufficient as if an original signature. f. Severability. If any term or provision of this Agreement is held to be invalid, unenforceable or illegal for any reason whatsoever, such provision shall be severed from this Agreement and shall not affect the validity of the remainder of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. HARMONY VIEW HOMEOWNERS ASSOCIATION By President PINION GROVE HOMEOWNERS ASSOCIATION By JOSEPH'S MEADOWS HOMEOWNERS ASSOCIATION President By S. President LEVITT SUBDIVISION HOMEOWNERS ASSOCIATION By, Road Maintenance Agreement 6/6196 Draft Page 5 President Q008 SUBDIVISION IMPROVEMENTS AGREEMENT WHITECLOUD RIDGE SUBDIVISION tk THIS AGREEMENT is made and entered into this / F � day of /9 U U S 1997, by and between THOMAS W. LEVITT and MOLLY G. LEVITT, (hereinafter "Owner") and the BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, STATE OF COLORADO, (hereinafter "County"). WITNESSETH: WHEREAS, approval for the preliminary plan for the Whitecloud Ridge Subdivision (formerly known as the Levitt Subdivision) was obtained under the terms and conditions set forth in letter dated July 9, 1996; and WHEREAS, Owner has submitted to the County for its approval the Final Plat for Whitecloud Ridge Subdivision (hereinafter "Final Plat") for the property described on Exhibit A attached hereto and incorporated herein; WHEREAS, as a condition of approval of the Final Plat and as required by the taws of the State of Colorado, the Owner wishes to enter into this Subdivision Improvements Agreement with the County; and WHEREAS, Owner has agreed to execute and deliver a letter of credit to the County to secure and guarantee its performance of this agreement, and has agreed to certain restrictions and conditions regarding the issuance ofbuilding permits, certificates of occupancy and sale of properties, all as more fully set forth hereinafter. NOW, THEREFORE, for and in consideration of the premises and the following mutual covenants and agreements, the parties hereby agree as follows: 1. FINAL PLAT APPROVAL. The County hereby accepts and approves the Final Plat, subject to the terms and conditions of this agreement, as well as the terms and conditions of the Preliminary Plan approval, and the requirements of the Garfield County Zoning and Subdivision Regulations. 2. OWNER'S PERFORMANCE. Owner has constructed and installed or shall cause to be con.)tructed and installed, at its own expense, those improvements related to Whitecloud Ridge Subdivision which are required to be constructed by this Agreement, the Final Plat and all applicable Garfield County Zoning and Subdivision Regulations. Those improvements shall be completed on or before October 1, 1998. Additionally, the Owner shall comply with the following: A. all 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; rA r B. all laws, regulations, orders and resolutions of the County of Garfield, State of Colorado, and affected special districts; and C. all designs, maps, specifications, sketches, and other materials submitted to and approved by any of the above -stated governmental entities. D. the improvements to be constructed by the Owner shall include, but are not limited to the following: (1) water supply and distribution system for the Whitecloud Ridge Subdivision in accordance with plans and specifications submitted to the Colorado Department of Health by transmittal dated September 5, 1996. (2) internal roads, pedestrian ways, drainage features and utility structures, in accordance with the plans and specifications therefor contained in the Final Plat. (3) Improvement of Harmony Lane from Wind River Road to County Road 102 to Secondary Access Standards, including a chip and seal surface. (4) Revegetation in accordance with plans contained in the Final Plat documents. The County agrees that if all improvements are installed in accordance with this agreement, Final 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, then the Owner shall be deemed to have satisfied all terms and conditions of the Zoning and Subdivision Regulations of Garfield County, Colorado. 3. 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 Owner shall deliver a Letter of Credit in a form acceptable to the County in the amount of $502,585.00 which is the estimated cost of completion of the subdivision improvements related to Whitecloud Ridge Subdivision as set forth and certified by a licensed engineer on Exhibit B attached hereto. 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. 4-5106(2) by a bank that is licensed to do business in the State of Colorado, doing business in the State of Colorado, and 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, provided, however, that Subdivision Improvements Agreement Page 2 an amount of security adequate to guarantee the survival of plantings shall remain in effect for two (2) years from date hereof.. If the time for completion of improvements is extended by a written agreement to this Agreement, the time period for the validity of the Letter of Credit shall be similarly extended. Additionaliy, should the Letter of Credit become void or unenforceable for any reason, including the bankruptcy of the Owner or the financial institution issuing or confirming the Letter of Credit, prior to acceptance of the improvements, 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 Letter of Credit. The County shall release portions of the Letter of Credit as portions of the subdivision improvements are completed to the satisfaction of the CotAnt% Certification of completion of improvements adequate to authorize release of security must be submitted by a licensed or registered engineer. Such certification authorizing release of securir. shall certify that the improvements have been constructed in accordance with the requirements of this Agreement, including all Final Plat plans, 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 the Owner, the County may inspect and review the improvements certified as complete, to determine whether or not said improvements have been constructed in compliance with the relevant specifications. If the County determines that all or a portion of the improvements certified as complete are not in compliance with the relevant specifications, the County shall furnish a letter of potential deficiencies to the Owner within fifteen (15) days 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 which identifies a portion of the certified improvements as potentially deficient, then all improvements not so identified in the letter of potential deficiencies shall be deemed accepted and the County shall release the appropriate amount of security as such relates to the certified improvements that are not identified as potentially deficient in the letter. With respect to any improvements certified as complete by the Owner that are identified as potentially deficient in a letter of potential deficiencies as provided in this paragraph, the County shall have thirty (30) days from the date of the letter of potential deficiencies to complete its investigation and provide written confirmation of the deficiency to the Owner. If upon further investigation the County finds that the improvements are acceptable, then appropriate security shall be released to the Owner within ten (10) days after completion of such investigation. In the event the improvements are not accepted by the County, the Board of Commissioners shall make a written finding prior to Subdivision Improvements Agreement age 3 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. Substitution of Letter of Credit. The County may, at its sole option, permit the Owner to substitute collateral other than a Letter of Credit acceptable to the County for the purpose of securing the completion of the improvements as hereinabove provided. d. Recordinm of Final Plat. No Final Plat shall be recorded pursuant to this .Agreement until the Letter of Credit described in this Agreement has been received and approved by the County. 4. WA I'LR SYS I EM. All easements and facility sites necessary for the water delivery system within Whitecloud Ridge Subdivision shall be indicated upon the Final Plat as dedicated to the Whitecloud Ridge Homeowners Association (hereinafter the "Association"). Upon completion of the water delivery system the Owner shall transfer to the Association all easements and facilities of the water system, whether within or without the Final Plat, and all water rights, water allotment contracts, well permits, and other water rights necessary to provide domestic water service to the dwelling units approved in the Final Plat as provided in the Whitecloud Ridge Domestic Water System Operating Agreement. 5. ROADS. All streets and roads within the Final Plat shall be dedicated as perpetual, non-exclusive access easements and rights-of-way for the use and benefit of the public subject to the right of appropriate public utility companies and the Association to utilize said streets and roads as utility, irrigation and drainage easements. The Association shall be solely responsible for the maintenance, repair and upkeep of all such roads. The County shall not be obligated to maintain any roads within the Subdivision. 6. LNDEMNITY. To the extent allowed by law, the Owner agrees to indemnify and hold the County harmless and defend the County from all claims which may arise as a result of the Owner's installation of the improvements required pursuant to this agreement. However, the Owner does not indemnify the County for claims made asserting that the standards imposed by the County are improper or the cause of the injury asserted. The County shall be required to notify the Owner of receipt of a notice of claim, or a notice of intent to Sup and shall afford the Owner the option of defending any such claim or action. Failure to notify and provide such written option to the Owner shall extinguish the County's rights under this paragraph. Nothing herein stated shall be interpreted to require the Owner to indemnify the County from claims which may arise from the negligent acts or omissions of the County or its employees. 7. SCHOOL IMPACT FEES. The parties recognize and agree that the approval of the Final Plat constitutes approval of 13 single family lots for a total of 15 dwelling units. Subdivision Improvements Agreement Page 4 The parties agree that school impact fees shall be determined to be $200.00 per dwelling unit. The Owner specifically agrees that it is obligated to pay the same, herein accepts that obligation, and waives any claim that it is not so obligated or required to pay school impact fees. The Owner agrees that subsequent to recording of the Final Plat, the Owner will not claim, nor is the Owner entitled to, a reimbursement of the school impact fees paid in conjunction with this Subdivision Improvements Agreement. 8. SALE OF LOTS. No lots within the Whitecloud Ridge Subdivision shall be conveyed prior to recording of the Final Plat. ISSUANCL OF BUILDING PERMITS. As one remedy for breach of this agi Bement, the County may withhold issuance of building permits for any structure within the Subdivision. The parties agree that no building permit shall be issued until the Owner demonstrates to the satisfaction of the Fire District that adequate water is available for the Fire District's purposes at the site of construction. Further, the parties agree that no certificate of occupancy shall be issued for any building or structure within the Subdivision until all subdivision improvements have been completed and are operational, as required by this agreement. Finally, the Owner herein agrees that prior to the conveyance of any lot within this subdivision, it will provide to the purchaser of that lot a signed copy of Exhibit C attached hereto, notifying the owner of the foregoing restrictions upon issuance of building permits and certificates of occupancy. 10. ENFORCEI' ENT. In addition to any rights which may be provided by Colorado statute, it is mutually agreed that the County or any purchaser of a lot within the Subdivision shall have the authority to bring an action in the District Court of Garfield County, Colorado, to compel enforcement of this agreement. 11. CONSENT TO VACA 1'E PLAT. In the event the 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 the final plat as it pertains to lots for which no building permits have been issued. Any existing lots for which building permits have been issued, shall not be vacated and the plat as to those lots shall remain valid. The Owner shall provide a survey and complete legal description with a map showing the location of a portion of the plat so vacated. 12. 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. 13. RECORDING. Upon execution and authorization by the County, the Owner shall record this agreement with the Office of the Clerk & Recorder for Garfield County, Colorado. 14. VENUE AND JURISDICTION. Venue and jurisdiction for any cause arising out of or related to this agreement shall lie in the District Court for Garfield County, Colorado, and be construed pursuant to the laws of the State of Colorado. Subdivision Improvements Ageement Page _` .0M/14'97 10:57 ^3'970 945 9769 LARRY GREEN 0 008 15. AMENDMENT. The parties hereto mutually agree that this agreement may be amended from time to time, provided such amendment in writing and signed by the parties hereto. l6. NOTICE. All notices required herein shall be tendered by personal service or certified mail upon the following individuals or agents of the parties to this agreement: Board of County Commissioners of Garfield County c/o Mark Bean, Planning Director 109 8th Street, Suite 303 Glenwood Springs, Co 8 i 50l Thomas W. Levitt Molly G. Levitt P.O. Box414740 Kansas City, MO 64141 with copy to: Lawrence R. Green Delaney & Balcomb, P.C. P.O. Drawer 790 Glenwood Springs, CO 81602 ENTERED INTO the day and year first above writ / v ATTEST; --41(1tMOLLY G. LEVITT THOMAS W. LEVITT .moi • , BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO By Clerk to the Board 1g11evitl\sia.256,Augid 1.4, 1997 _ \` Subdivision Improvements. Agement Page 6 Chairman EXHIBIT A r A PARCEL OF LAND SITUATED IN THE SW1/4 OF SECTION 28 AND THE SE1/4SE1/4 OF SECTION 29 TOWNSHIP 7 SOUTH, RANGE 87 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO; SAID PROPERTY BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 28, A GARFIELD COUNTY SURVEYOR BRASS CAP IN PLACE, THE TRUE POINT OF BEGINNING; THENCE E 89'5'39" W ALONG THE SOUTHERLY LINE OF SAIL SECTION 29 1324.07 FEET TO THE EAST SIXTEENTH CORNER OF SECTION 29 AND SEC -ION 32, THENCE N 03'37'21" E ALONC THE WESTERLY LINE CF THE SE1/4SE1/4 OF SAID SECTION 29 1376.58 FEET TO THE SOUTHEAST SIXTEENTH CORNER OF SECTION 29; THENCE N 89'27'43" E ALONG THE NORTHERLY LINE OF SAID SE1/4SE1/4 1355.71 FEET TO THE SOUTH SIXTEENTH CORNER OF SECTION 28 ANO SECTION 29; THENCE N 04'53'43" E ALONG THE WESTERLY LINE OF SAID SECTION 28 14.53 FEET TO A POINT IN AN EXISTING FENCE; THENCE LEAVING SAID WESTERLY LINE THE FOLLOWING FIVE (5) COURSES ALONG SAID EXISTING FENCE: 1. S 89'50'52" E 489.38 FEET 2. N 88'49'00" E 162.00 FEET 3. S 89'21'00" E 230.00 FEET 4. N 89'48'00" E 174.98 FEET 5. S 89'00'00" E 277.90 FEET; THENCE LEAVING SAID EXISTING FENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 120.00 FEET AND A CENTRAL ANGLE OF 77'47'32" A DISTANCE OF 162.93 FEET (CHORD SEARS S 42'41'34" W 150.70 FEET); THENCE S 81'35'20" W 281.45 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 220.00 FEET AND A CENTRAL ANGLE OF 52'15'54" A DISTANCE OF 200.68 FEET (CHORD BEARS S 55'27'23" W 193.80 FEET); THENCE S 29'19'26" W 99.23 FEE;; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 280.00 FEET AND A CENTRAL ANGLE OF 17'47'49" A DISTANCE OF 86.97 FEET (CHORD BEARS S 38'13'21" W 86.62 FEET); THENCE S 36'43'42" E 100.68 FEET; THENCE ALONG THE ARC OF A CURVE TO THE - RIGHT HAVING A RADIUS OF 400.00 FEET AND A CENTRAL ANGLE OF 05'08'52" A DISTANCE OF 35.94 FEET (CHORD BEARS S 34'09'16" E 35.93 FEET); THENCE S 31'34'50" E 76.82 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 170.00 FEET AND A CENTRAL ANGLE CF 68'26'41" A DISTANCE OF 203.08 FEET (CHORD BEARS S 65'48'11" E 191.22 FEET); THENCE N .79'58'28" E 155.83 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 500.00 FEET ANC A CENTRAL ANGLE OF 17'43'43" A DISTANCE OF 154.71 FEET (CHORD BEARS N 71'06'37" E 154.09 FEET); THENCE N 62'14'46" E 15.12 FEET TO A POINT ON THE EASTERLY LINE OF SW1/4SW1/4 OF SECTION 28; THENCE S 03'23'54" W ALONG SAID EASTERLY LINE 801.53 FEET TO THE WEST SIXTEENTH CORNER OF SECTION 28 AND SECTION 33; THENCE S 89'40'17" w ALONG THE SOUTHERLY LINE OF SAIO SECTION 28 1371.75 FEET TO THE rRuE POINT OF BEGINNING; SAID PARCEL CONTAINING 79.451 ACRES, MORE OR LESS. ENGINEER'S OPINION OF PROBABLE CONSTRUCTION COST FOR WHITECLOUD RIDGE SUBDIVISION PUBLIC IMPROVEMENTS HCE JOB NO.: 95060.05 DATE:6/04/97 UNIT ITEM QUANTITY COST COST Mobilization & Grading 1 L.S. 30,000.0L 30,000.00 Class 3 ABC 3700 C.Y. 15.00 55,500.00 Class 6 ABC 1400 C.Y. 20.00 28,000.00 18" CMP 195 L.F. 27.00 5,265.00 18" Flared End 10 Each 130.00 1,300.00 Class I Ground Sign 5 Each 200.00 1,000.00 8" DIP Waterline 4475 L.F. 29.00 129,775.00 8" Water Valve 4 Each 600.00 2,400.00 2" Water Line 840 L.F. 8.00 6,720.00 Pump House and Chlor. 1 L.S. 24,000.00 24,000.00 Fire Hydrant Assembly 3 Each 2,500.00 7,500.00 1" Water Service 13 Each 1,400.00 18,200.00 Riprap 10 C.Y. 30.00 300.00 Transformer Vault Exc. 6 Each 400.00 2,400.00 4' Utility Trench 4200 L.F. 5.00 21,000.00 Conduit & Warn. Tape 4200 L.F. 1.00 4,200.00 Revegetation 1 L.S. 7,000.00 7,000.00 Tank Appurtances 1 L.S. 12,000.00 12,000.00 Water Tank (200k gal) 1 L.S. 95,000.00 95,000.00 SUBTOTAL $451,560.00 Harmony Rd Improvement Mobilization & Grading Class 3 ABC Class 6 ABC Chip and Seal 1 L.S. 1050 C.Y. 400 C.Y. 6425 S.Y. 8,000.00 8,000.00 15.00 15,750.00 20.00 8,000.00 3.00 19,275.00 SUBTOTAL $51,025.00 TOTAL $502,585.00 This opinion of probable construction cost was prepared for estimating purposes 1 only. High Country Engineering, Inc. cannot be held responsible for variances t from this estimate as actual costs may vary due to bid and market fluctuations. 1 V 922 Cooper Avenue < Glenwood SpringgE, CO 81°01 Telephone: (970) 945-8676 • FAX: (970) 945-2555 EXHIBIT C NOTICE REGARDING BUILDING PERMITS TO: All purchasers of Lots within Whitecloud Ridge Subdivision YOU ARE HEREBY NOTIFIED that under applicable Garfield County regulation you may not commence construction of a residence within unincorporated Garfield County, including Whitecloud Ridge Subdivision, prior to issuance of a building permit by Garfield County. Additionally, Garfield County shall issue no Certificate of Occupancy for structures within Whitecloud Ridge Subdivision until all of the subdivision improvements required of the Developer have been completed and are operational in accordance with the Subdivision Improvements Agreement between the Developer and Garfield County. Thomas W. Levitt Molly G. Levitt The foregoing Notice regarding building permits was read and understood by the undersigned purchaser of a Lot within Whitecloud Ridge Subdivision this day of , 199 . JOHN A. THULSON EDWARD MULHALL, JR. SCOTT BALCOMB LAWRENCE R. GREEN TIMOTHY A. THULSON LORI J. M. SATTERFIELD EDWARD B. OLSZEWSKI DAVID SANDOVAL DENDY M. HEISEL HAND DELIVERED TO: DELANEY & BALCOMB, P.C. ATTORNEYS AT LAW P. 0. DRAWER 790 818 COLORADO AVENUE GLENWOOD SPRTNGS, COLORADO 81602 Mark Bean, Director of Planning Garfield County Courthouse 109 Eighth Street Glenwood Springs, CO 81601 Dear Mark: TELEPHONE: 970.945.6546 FACSIMILE: 970.945.9769 November 17, 1997 Re: Whitecloud Ridge Subdivision OF COUNSEL: ROBERT DELANEY KENNETH BALCOMB a NOV 1 7 199f I am writing at your suggestion to memorialize our conversation regarding the status of the Final Plat for Whitecloud Ridge Subdivision. As you may recall, the Final Plat for Whitecloud Ridge, and the related Subdivision Improvements Agreement, were approved and executed by the Board of County Commissioners on August 18, 1997. Since that time Mildred Alsdorf has been holding the Plat and SIA pending delivery of the necessary letter of credit and payment of the fees called for in the SIA. The Garfield County Subdivision Regulation provides that a final plat is to be recorded within ninety days of approval. The Final Plat of Whitecloud Ridge will not be recorded within that period as arrangements for the necessary letter of credit have not been finalized. However, my client and I are working with a local bank and the necessary letter of credit has been approved and will be issued upon completion of the necessary paperwork. I expect that this will occur within the next thirty days and we will be delivering the letter of credit, and paying the fees required by the SIA, within that time period. We will at the same time want to record the Final Plat. Please let me know if you have any questions or concerns about the procedure I have outlined for recording the Whitecloud Ridge Subdivision Final Plat. LRG:bc xc: Don Deford Very truly yours, DELANEY & BALCOMB, P.C. ep,dero'r . /,,,,/, aw ence . Green LAND DESIGN PARTNERSHIP 918 Cooper Avenue, Glenwood Springs, CO 81601 970-945-2246 / Fax 970-945-4066 July 1, 1997 Eric McCafferty, Planner Garfield County Planning Department 109 Eight Street Glenwood Springs, CO 81601 Re: Whitecloud Ridge Subdivision Final Plat Submittal Dear Eric: Three sets of the following documents are presented herewith in satisfaction of the final plat submittal requirements for the Whitecloud Ridge Subdivision: 1. Final Plat (2 sheets) 2. Construction Drawings (8 sheets) 3. Declaration of Protective Covenants of Whitecloud Ridge Subdivision 4. Whitecloud Ridge Domestic Water System Operating Agreement 5. Deed of Easement including Road Maintenance Agreement 6. Articles of Incorporation of Whitecloud Ridge Homeowners Association 7. Bylaws of the Whitecloud Ridge Homeowners Association 8. Subdivider Improvement Agreement 9. Fire District Agreement We have, with these documents, addressed the items identified by your letters of July 9, 1996 and September 20, 1996 and Don DeFord's memo of September 27, 1996. Please forward the appropriate documents to Don DeFord for review. Final mylars of the plat will not be printed until you and Don have made and initial review of the submittal and offered any necessary revisions. The name transition from Levitt Subdivision to the Whitecloud Ridge Subdivision has been addressed in Plat Note # 1. Don's concerns regarding access have been addressed by the Deed of Easement which conveys all of Levitt's easement rights to the Whitecloud Ridge Homeowners Association along with the responsibilities of the Harmony Lane Road Maintenance Agreement. 1 The covenants have been revised to include the Staffs recommendations. Larry Green will be out of town until July 7th. Until Larry returns, please give me a call if I can be of assistance in your review. Sincerely, Ronald B. Liston 2 AMENDMENT TO SUBDIVISION IMPROVEMENTS AGREEMENT WHITECLOUD RIDGE SUBDIVISION THIS AMENDMENT TO SUBDIVISION IMPROVEMENTS AGREEMENT is made and effective this day of , 2000, by and between THOMAS W. LEVITT and MOLLY G. LEVITT ("Owner") and the BOARD OF COUNTY COMMISSIONERS of Garfield County, State of Colorado ("County"). The Owner and County are parties to that certain Subdivision Improvements Agreement for Whitecloud Ridge Subdivision dated August , 1997 ("Whitecloud Ridge SIA"). For and in consideration of the premises, the parties wish to amend the Whitecloud Ridge SIA as follows: 1. Paragraph 2 of the Whitecloud SIA is hereby amended to provide that Owner shall complete the construction and installation of all subdivision improvements required to be completed by the Whitecloud Ridge SIA no later than October 1, 2001. 2. Paragraph 3a of the Whitecloud Ridge SIA is hereby amended to provide that the letter of credit to be delivered to the County by the Owner as security for completion of subdivision improvements related to Whitecloud Ridge Subdivision shall be in the amount of $675,000.00. 3. Owner and the County further agree that the Exhibit attached hereto entitled "Engineer's Opinion of Probable Construction Costs for Whitecloud Ridge Subdivision Improvements Date: 8/11/00" is hereby substituted for and shall replace and supersede Exhibit B attached to the Whitecloud Ridge SIA. Except as expressly amended hereby, all terms and conditions of the Whitecloud Ridge SIA shall remain in full force and effect. Entered into the day and year first above written. ATTEST: Clerk to the Board BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, STATE OF COLORADO By: , Chairman [Owners ' Signature on Following Page] Thomas W. Levitt Molly G. Levitt c:\wp-docALGU.eviu . .9-28-00 Amendment to Subdivision Improvements Agreement Whitecloud Ridge Subdivision Thomas W. and Molly G. Levitt/Board of County Commissioners Page 2 of 2 AUU-14-U0 MON 03:35 PM HGHCOUNTRY ENGINEERING FAX NO. 970 945 2555 P. 01 ENGINEER'S OPINION OF PROHA LX CONSTRUCTION COST FOR W1IIT CLOUL) RIDGX SUP,D.IVISION IMPROVEMENTS HCE JOB NO.: 95050.05 DATE:9/11/00 UNIT ITIM QUANTITY COST COST MOLi1i:ir.iOn & c,racling 1 L.S. 42,000.00 42,000.00 Class 3 AEC 3700 C.Y. 20.00 74,000.00 Class G ABC 1400 C.Y. 25.00 35,000.00 18" CMP 195 L.P. 27.00 5,265.00 18" ;Flared. 2nd10 Each 200.00 2, 000.00 CJJn,r.^ I Ground Sign 5 Each 250.00 1,250.00 8" L)J;G' Waterline 4475 L.F. 30.00 134,250.00 8" Water Valve 4 Each 850.00 3,400.00 2" Water Line 8.40 L.F. 15.00 12,600.00 Pump House and Chlor. 1 T.S. 45,000.00 45,000.00 Fire Hydrant Assembly 3 Each 3,000.00 9,000.00 1" Water SC:Yvice 13 Each 1,200.00 15, 600.00 F.ipr.ap 10 C.Y. 30.00 300.00 Transfortmer. Vault Exc. 6 Each 500.00 3,000.00 4' Ul:il.ity Trench 4200 L.F. 10.00 42, 000.00 Conduit & W.;trn. T p' 4200 L.F, 1.50 6,300.00 E1,,_ot:.ric L'L1J.iuy 1 L.S. 50,000.00 50,000.00 TtlF,l;eAcu/C;1}.�1i: IJCility 1 L.S. 12,600.00 12,600.00 Revyrl.C.:It..i.on 1 L.S. 7,000.00 7,000.00 Trtuk 7ppurt:11c..os 1 L.S. 12, 000.00 12, 000.00 W::1uri T.•.nk (200% gal) 1 L.S. 95, 000.00 95, 000.00 SUBTOTAL $607,565.00 'Harmony 1 cl Improvement mnbilica r.ion & Grading Cl.: s;.. ALC Class G AF{C Chip rrncJ :Sc a1 1 L.S. 1050 C.Y. 400 C.Y. 6425 S.Y. 7,500.00 7,500.00 20.00 21,000.00 25.00 10,000.00 4.50 28,912.50 SUBTOTAL $67,417..50 TOTAL $674, 977.50 NOTE: There will also be addiLioual costs associated with construction staking, c:cnstruction rnaric:rg merit, quality control, and testing. Ti -ii:: opinion of probable construction cost was prepared for estimating purpose_, only. Ilicjh Country Engineering, Inc. cannot be held rc,ponsible fnr variances from this estimate as actual cost., may vary due to bid and mrtrkc-r fluctuations. Post -it" Fax Note 7671 rLOrK7, o.iDopt. 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