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HomeMy WebLinkAbout1.0 ApplicationC17 Upon recording return to: Garfield County Dept. of Build and c/o Jeff Laurien 109 8th Street Glenwood Springs, CO 81601 'jt RECEIVED AUG 2 (3 200 Planning Wintergreen Homes, LLC c/o Tim Thulson P.O. Box 790 Glenwood Springs, CO 81602 SUBDIVISION IMPROVEMENTS AGREEMENT Cerise Ranch Subdivision Phase 1 THIS AGREEMENT is made and entered into this _ day of August, 2000 by and between the WINTERGREEN HOMES, LLC., a Colorado limited liability company (hereinafter "Owner") and the BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, STATE OF COLORADO, (hereinafter "County"). WITNESSETH: WHEREAS, Owner is the owner and developer of certain real property located within Garfield County, Colorado, known as the Cerise Ranch Subdivision more particularly described on Exhibit A, attached hereto and incorporated herein by this reference. WHEREAS, approval for the preliminary plan for the Cerise Ranch Subdivision was obtained under the terms and conditions set forth in County Resolution No. ; and WHEREAS, the Preliminary Plan approval contemplated development of the Cerise Ranch Subdivision in phases; and WHEREAS, Owner has submitted to the County for its approval the Final Plat for Phase 1 of the Cerise Ranch Subdivision (hereinafter "Final Plat") for a portion of the property ("Subdivision") lying within the Cerise Ranch Subdivision, more particularly described in said Final Plat and set forth in Exhibit B attached hereto and incorporated by reference; and 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 hereinbelow. Subdivision Improvements Agreement Cerise Ranch Subdivision 23 -Aug -00 Page 1 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, 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 the Final Plat which are required to be constructed by Resolution , this Agreement, the Final Plat, and all Garfield County Zoning and Subdivision Regulations. These improvements shall be completed on or before the , 2000. Additionally, the Owner shall comply with the following: a yr—V-1 dao- (-- A. all plat documents, if any, submitted prior to or at the time of the final plat approval, including the terms of the certification for improvements completed prior to the date hereof, which plat documents are incorporated herein by reference, and made a part of this agreement; B. all requirements of Resolution No. , including all requirements of the Garfield County Zoning Code and Garfield County Subdivision Regulations, as they relate to Phase 1 of the Cerise Ranch Subdivision C. all laws, regulations, orders and resolutions of the County of Garfield, State of Colorado, and affected special districts; and 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, but are not limited to the following: (1) water supply and distribution system for Phase 1 of the Cerise Ranch Subdivision, as more particularly described within the plans submitted as part of the Final Plan and identified as: Master Utility Plan (H.C.E. Sheets 19 and 20); Water Detail Sheet (H.C.E. Sheet 24): Pump House Design - Zancanella and Association (Sheet W1); and Water Storage Tank - Zancanella and Associates (Sheet W2). Subdivision Improvements Agreement Cerise Ranch Subdivision 23 -Aug -00 Page 2 and and Owner shall paint in colors consistent with the background terrain, the 300,000 gallon water tank to be constructed under said plans and shall utilize appropriate berming and landscaping to minimize the water tanks' visual impacts. (2) internal roads, drainage features and utility structures, as more particularly described in the plans submitted as part of the Final Plat and identified as: Grading and drainage plan (H.C.E. Sheets 8 and 9); Cerise Ranch Road, Sunflower Loop and West Roundabout Plan and Profile (Sheet 10); Sunflower Loop Plan and Profile (Sheet 11); Cerise Ranch Road Plan and Profile (Sheet 12); Water Tank Access Road and Profile (Sheet 13); Larkspur Drive Plan and Profile (Sheet 14); Larkspur Drive Plan and Profile (Sheet 15); Larkspur Drive Plan and Profile (Sheet 16); Bluestem Court and East Roundabout Plan and Profile (Sheet 17); Bluestem Court and Plan and Profile (Sheet 18); Harris Lateral Extension - Zancanella and Associates (Sheet W3); and Harris Siphon Professional and Details - Zancanella and Associates (Sheet W4). (3) all improvements to Colorado Highway 82 and its intersection with the Cerise Ranch access road (Road A), as more particularly described in the plans submitted as part of the Final Plat and identified as: Highway 82 Improvements Grading and Drainage (Sheet 21); Highway 82 Improvements Site Plan (Sheet 22); and Highway 82 Improvements Sign and Striping Plan (Sheet 23). 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 6Tht* Subdivision Ithprov ments Agreement Cerise Ranch Subdivision 23 -Aug -00 Page 3 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 setter of Credit in a form acceptable to the County in the amount of $ , which is the estimated costs for completion of the subdivision improvements related to Phase 1 of the Cerise Ranch Subdivision as set forth and certified by a licensed engineer on Exhibit C attached hereto, minus the cost of improvements, if any, already completed as certified on Exhibit D 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. 4-5-106(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. With the exception of that portion of the Letter of Credit to be retained for revegetation of landscaping improvements in accordance with paragraph 3(c) herein below, the Letter of Credit must be valid for a minimum of six (6) months beyond the completion date for the improvements set forth herein. If the time for completion of improvements is extended through the execution of a written amendment to this Agreement, the time period for the validity of the Letter of Credit shall be similarly extended. Additionally, should the Letter of Credit become void or unenforceable for any reason, including the bankruptcy of the owner or the financial institution issuing or confirming the Letter of Credit, prior to acceptance 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. Subdivision Improvements Agreement Cerise Ranch Subdivision 23 -Aug -00 Page 4 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 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. The cost of landscaping improvements has been set forth on Exhibit C, including an amount sufficient to provide for full revegetation of the landscaping required by the Preliminary Plan. The Letter of Credit required hereby must provide security for all costs of landscaping. The Certificate of Completion for landscaping improvements shall set forth the costs of revegetation and such amount shall be retained as security for a period not to exceed one (1) year after such completion. At the conclusion of that one (1) year period the amount of security retained for landscaping shall be released by the County upon receipt and acceptance of a certified letter from a landscape professional that such landscaping is complete and is no longer in need of revegetation and that the revegetation is established. d. 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. Subdivision Improvements Agreement Cerise Ranch Subdivision 23 -Aug -00 Page 5 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. 4. DOMESTIC WATER SYSTEM. Prior to , 2000, Owner shall construct and convey through appropriate instrument to the Cerise Ranch Property Owners Association, Inc., a Colorado nonprofit corporation, all appurtenant improvements to the domestic water system located within the Subdivision, including the Water Wells, all treatment facilities, Water Tank, all water mains and lines, and applicable water rights, along with all easements and rights of way necessary to properly operate and maintain the domestic water system improvements as they shall be located and in place. 5. ROADS. All roads within the Final Plat shall be dedicated to the public as public rights-of-way. The homeowners association shall be solely responsible for the maintenance, repair and upkeep of those roads. The County shall not be obligated to maintain any roads within the subdivision. 6. INDEMNITY. To the extent allowed by law, the Owner agrees to indemnify and hold the County harmless and defend the County from all claims which 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 27 single family lots and 3 accessory dwelling units for a corresponding total of 30 dwelling units. The parties agree that school impact fees shall be per dwelling unit or such other amount as may be established by the County at the time of approval of the Final Plat. The Owner specifically agrees that it is obligated to pay the same at the time of recordation of the Final Plat, 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. Subdivision Improvements Agreement Cerise Ranch Subdivision 23 -Aug -00 Page 6 8. FIRE DISTRICT FEES. The parties recognize and agree that the approval of the Final Plat constitutes approval of 27 single family lots and 3 accessory dwelling units for a corresponding total of 30 dwelling units. The parties agree that impact fees for the Carbondale & Rural Fire Protection District shall be $417.00 per dwelling unit or such other amount as may be established by the County at the time of approval of the Final Plat. The Owner specifically agrees that it is obligated to pay the same at the time of recordation of the Final Plat, herein accepts that obligation, and waives any claim that it is not so obligated or required to pay the Fire District 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 Fire District Fees paid in conjunction with this Subdivision Improvements Agreement. 9. CONSULTING ENGINEERING. Owner shall reimburse to the County all professional fees and costs incurred by the County instant to the review and monitoring by an independent geotechnical engineer of all geotechnical mitigation measures required under Owner's Preliminary Plan approval above referenced. 10. SALE OF LOTS. No lots within the Subdivision shall be conveyed prior to recording of the Final Plat. 11. 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 also 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, sewer and the water distribution systems 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 E attached hereto, notifying the owner of the foregoing restrictions upon issuance of building permits and certificates of occupancy. 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 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. 13. 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, 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 Subdivision Improvements Agreemen t Cerise Ranch Subdivision 23 -Aug -00 Page 7 survey and complete legal description with a map showing the location of a portion of the plat so vacated. 14. BINDING EFFECT. This agreement shall be a covenant running with the title to each lot within the Final Plat, and the rights and obligations as contained herein shall be binding upon and inure to the benefit of the Owner, its successors and assigns. 15. 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. 16. 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. 17. AMENDMENT. The parties hereto mutually agree that this agreement may be amended from time to time, provided such amendment is in writing and signed by the parties hereto. 18. NOTICE. All notices required herein shall be tendered by personal service or certified mail upon the following individuals or agents of the parties to this agreement: Board of County Commissioners of Garfield County c/o Mark Bean, Planning Director 109 8th Street, Suite 303 Glenwood Springs, CO 81601 Wintergreen Homes, LLC, a Colorado Limited Liability Company c/o Art Kleinstein. 150 S. Dahlia Denver, CO 80222 with copy to: Timothy A. Thulson Balcomb & Green, P.C. P.O. Drawer 790 Glenwood Springs, CO 81602 Subdivision Improvements Agreement Cerise Ranch Subdivision 23 -Aug -00 Page 8 ENTERED INTO the day and year first above written. WINTERGREEN HOMES, LLC a Colorado Limited Liability Company By Art Kleinstein, Manager BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO By Chairman ATTEST: Clerk to the Board Subdivision Improvements Agreement Cerise Ranch Subdivision 23 -Aug -00 Page 9 Exhibit A (Legal Description of the Cerise Ranch Subdivision) Subdivision Improvements Agreement Cerise Ranch Subdivision 23 -Aug -00 Page 10 �/Gf/ COUNl{� �_—NG/NEE.P/NG CERISE RANCH PROPERTY DESCRIPTION A PARCEL OF LAND SITUATED IN THE SW1/4SE1/4 SECTION 29, LOTS 2, 7, 8, 20, AND 21 SECTION 32, AND THE SW1/4NW1/4NE1/4 AND LOTS 1, 3, 14, 15, SECTION 33, TOWNSHIP 7 SOUTH, RANGE 87 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTIES OF GARFIELD AND EAGLE, STATE OF COLORADO; SAID PARCEL BEING MORE PARTICULARY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 33, A GARFIELD COUNTY SURVEYOR BRASS CAP IN PLACE, THE POINT OF BEGINNING; THENCE S 89°14'52" E ALONG THE NORTHERLY LINE OF SAID SECTION 33 A DISTANCE OF 2743.09 FEET TO THE NORTH QUARTER CORNER OF SAID SECTION 33, A REBAR AND CAP ILLEGIBLE FOUND IN PLACE AND REPLACED WITH A 3-1/4" ALUMINUM CAP L.S. #19598; THENCE LEAVING SAID NORTHERLY LINE S 01°41'36" W ALONG THE NORTH -SOUTH CENTERLINE OF SAID SECTION 33 A DISTANCE OF 664.14 FEET TO THE N -N- C 1/64TH CORNER OF SAID SECTION 33, A REBAR AND CAP L.S. #26626 IN PLACE; THENCE S 89°20'01" E, ALONG THE NORTHERLY LINE OF SAID SW1/4NW1/4NE1/4 A DISTANCE OF 688.32 FEET TO THE NW -NE 1/64TH CORNER OF SAID SECTION 33, A REBAR AND CAP L.S. #14111 IN PLACE; THENCE LEAVING SAID NORTHERLY LINE S 01°43'07" W ALONG THE EASTERLY LINE OF SAID SW1/4NW1/4NE1/4 A DISTANCE OF 663.71 FEET TO THE C -W -NE 1/64TH CORNER OF SAID SECTION 33 A REBAR AND CAP L.S. #14111 IN PLACE; THENCE N 89°17'29" W ALONG THE SOUTHERLY LINE OF SAID SW1/4NW1/4NE1/4 A DISTANCE OF 688.02 FEET TO THE N -C 1/16TH CORNER OF SAID SECTION 33, A REBAR AND CAP L.S. #14111 IN PLACE AND REPLACED WITH A 3-1/4" ALUMINUM CAP L.S. #19598;THENCE N 89°17'29" W ALONG THE NORTHERLY LINE OF LOT 4 OF SAID SECTION 33 A DISTANCE OF 752.39 FEET TO THE NORTHWEST CORNER OF SAID LOT 4, A 3-1/4" ALUMINUM CAP L.S. #19598 SET IN PLACE; THENCE S 02°29'54" W 1146.11 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY OF STATE HIGHWAY NO. 82; THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 2964.79 FEET AND A CENTRAL ANGLE OF 07°12'40", A DISTANCE OF 373.14 FEET, (CHORD BEARS N 75°48'46 W 372.89 FEET) TO A 3-1/4" ALUMINUM CAP L.S. #20677 IN PLACE; THENCE CONTINUING ALONG SAID NORTHERLY RIGHT-OF-WAY N 80°48'38" W 213.65 FEET TO A 3- 1/4" ALUMINUM CAP L.S. #20677 IN PLACE; THENCE CONTINUING ALONG SAID NORTHERLY RIGHT-OF-WAY N 81°30'58" W 1391.80 FEET TO A 3-1/4" ALUMINUM CAP L.S. #20677 IN PLACE; THENCE CONTINUING ALONG SAID NORTHERLY RIGHT-OF-WAY N 81°30'58" W 1023.48 FEET TO A 3-1/4" ALUMINUM CAP L.S. #20677 IN PLACE; 923 Cooper Avenue Glenwood Springs, CO 81601 phone 970 945-8676 • fax 970 945-2555 14 Inverness Drive East, Ste B-144 Englewood, CO 80112 phone 303 925-0544 • fax 303 925-0547 THENCE CONTINUING ALONG SAID NORTHERLY RIGHT-OF-WAY ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 11359.16, AND A CENTRAL ANGLE OF 02°35'06", A DISTANCE OF 512.48 FEET (CHORD BEARS N 80°13'28" W 512.44 FEET) TO A 3-1/4" ALUMINUM CAP L.S. #20677 IN PLACE; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY N 79°35'18" W 872.26 FEET TO A 3-1/4" ALUMINUM CAP L.S. #20677 IN PLACE; THENCE CONTINUING ALONG SAID NORTHERLY RIGHT-OF-WAY S 79°16'02" W 53.85 FEET, A 3-1/4" ALUMINUM CAP L.S. #20677 IN PLACE; THENCE CONTINUING ALONG SAID NORTHERLY RIGHT-OF-WAY N 78°55'58" W 228.74 FEET TO A POINT ON THE NORTH -SOUTH CENTERLINE OF SAID SECTION 32, A REBAR AND CAP L.S. #26626 IN PLACE; THENCE LEAVING SAID NORTHERLY RIGHT- OF-WAY N 01°41'14" E ALONG THE NORTH -SOUTH CENTERLINE OF SAID SECTION 32 A DISTANCE OF 1786.40 FEET TO THE NORTH QUARTER CORNER OF SAID SECTION 32, A STONE IN PLACE; THENCE N 03°25'23" E ALONG THE NORTH -SOUTH CENTERLINE OF SECTION 29 A DISTANCE OF 1363.93 FEET TO THE S -C 1/16TH CORNER OF SAID SECTION 29, A REBAR AND CAP L.S. #11204 FOUND IN PLACE AND REPLACED WITH A 3-1/4" ALUMINUM CAP L.S. #19598; THENCE S 89°26'18" E ALONG THE NORTHERLY LINE OF THE SW1/4SE1/4 OF SAID SECTION 29 A DISTANCE OF 1355.74 FEET TO THE SOUTH 1/16TH CORNER OF SECTION 29 AND SECTION 28 A 3-1/4" CAP L.S. #19598 SET IN PLACE (WHENCE A REBAR AND CAP L.S. #11204 BEARS N 26°16'56" E 2.05 FEET); THENCE S 04°43'14" W ALONG THE EASTERLY LINE OF SAID SW1/4SE1/4 A DISTANCE OF 1376.63 FEET TO THE EAST 1/16TH CORNER OF SAID SECTION 29 AND SECTION 32, A 3-1/4" ALUMINUM CAP L.S. #26626 IN PLACE; THENCE S 88°58'20" E ALONG THE NORTHERLY LINE OF SAID SECTION 32 A DISTANCE OF 1324.03 FEET TO THE POINT OF BEGINNING; SAID PARCEL CONTAINING 300.978 ACRES, MORE OR LESS. K: \W P\99\054\99054DES. doc Exhibit B (Legal Description of Cerise Ranch Subdivision, Phase I) Subdivision Improvements Agreement Cerise Ranch Subdivision 23 -Aug -00 Page 11 CERTIFICATION OF DEDICATION AND OWNERSHIP KNOW ALL MEN BY THESE PRESENTS: A PARCEL OF LAND SITUATED IN THE NORTH 1/2 OF SECTIONS 32 AND 33 AND IN THE SW1 /4SE1 /4 SECTION 29, TOWNSHIP 7 SOUTH, RANGE 87 WEST OF THE 6TH PRINCIPAL MERIDIAN, GARFIELD COUNTY, COLORADO, AND BONG MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 33, A GARFIELD COUNTY SURVEYOR BRASS CAP IN PLACE; THENCE N 88'58'20" W ALONG THE NORTHERLY UNE OF SECTION 33 A DISTANCE OF 982.86 FEET TO THE POINT OF BEGINNING; THENCE LEAVING SAID NORTHERLY UNE S 0616'05" W 375.64 FEET; THENCE S 00'00'00" W 233.37 FEET; THENCE S 0814'49" E 63.57 FEET; THENCE S 06'46'09" E 1405.90 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY OF STATE HIGHWAY NO. 82; THENCE N 81'30'58" W ALONG SAID NORTHERLY RIGHT-OF-WAY 213.50 FEET TO A 3-1/4" ALUMINUM CAP L.S. #20677 IN PLACE; THENCE CONTINUING ALONG SAID NORTHERLY RIGHT-OF-WAY ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 11359.16 FEET AND A CENTRAL ANGLE OF 02'35'06", A DISTANCE OF 512.48 FEET (CHORD BEARS N 80'13'28" W 512.44 FEET) TO A 3-1/4" ALUMINUM CAP L.S. #20677 IN PLACE; THENCE CONTINUING ALONG SAID NORTHERLY RIGHT-OF-WAY N 79'35'18" W 872.26 FEET TO A 3-1/4" ALUMINUM CAP LS. #20677 IN PLACE; THENCE CONTINUING ALONG SAID NORTHERLY RIGHT-OF-WAY S 79'16'02" W 53.85 FEET TO A 3-1/4" ALUMINUM CAP LS. #20677 IN PLACE; THENCE CONTINUING ALONG SAID NORTHERLY RIGHT-OF-WAY, N 78'55'58" W 228.74 FEET TO A REBAR AND CAP L.S. #26626 IN PLACE; THENCE LEAVING SAID NORTHERLY RIGHT-OF-WAY N 01'41'14" E ALONG THE NORTH -SOUTH CENTERUNE OF SAID SECTION 32 A DISTANCE OF 1786.40 FEET TO THE NORTH QUARTER CORNER OF SAID SECTION 32, A STONE IN PLACE; THENCE N 03'25'23" E ALONG THE NORTH -SOUTH CENTERLINE OF SAID SECTION ?9 A DISTANCE OF 1363.93 FEET TO THE SOUTH -CENTER SIXTEENTH CORNER or SAID SECTION 29, A REBAR AND CAP LS. #11204 FOUND IN PLACE AND REPLACED WITH A 3-1/4" ALUMINUM CAP LS. #19598; THENCE S 89'26'18" E ALONG THE NORTHERLY UNE OF THE SW1/4SE1/4 OF SAID SECTION 29 A DISTANCE OF 1355.74 FEET TO THE SOUTH EAST SIXTEENTH CORNER OF SECTION 29, A 3-1/4" ALUMINUM CAP LS. #19598 SET IN PLACE (WHENCE A REBAR AND CAP L.S. #11204 BEARS N 26'16'56" E. 2.05 FEET); THENCE S 04'43'14" W ALONG THE EASTERLY LINE OF THE SW1 /4SE1 /4 OF SAID SECTION 29 A DISTANC[ OF 1376.63 FEET TO THE EAST SIXTEENTH CORNER OF SAID SECTION 29 AND SECTION 32, A 3-1/4" ALUMINUM CAP LS. #26626 IN PLACE; THENCE S 88'58'20" E ALONG THE NORTHERLY LINE OF SAID SECT1ON 32 A DISTANCE OF 341.27 FEET TO THE POINT OF BEGINNING; SAID PARCEL OF LAND CONTAINING 117.579 ACRES, MORE OR LESS. Exhibit C (Certified Construction Costs) Subdivision Improvements Agreement Cerise Ranch Subdivision 23 -Aug -00 Page 12 CERISE RANCH SUBDIVISION - PHASE 1 SUMMARY OF PROBABLE CONSTRUCTION COST August 22, 2000 ITEM QUANTITY HCE JOB NO: 99054.01 lik: k:Sgprodaiallk\59‘050IRcv ro r.xb(PHASE 1 S.I.A.) UNIT COST COST Grading and Earthwork Mobilization 1 L.S. 67,000.00 67,000.00 Earthwork 1 L.S. 90,000.00 90,000.00 Water Tank Base Prep. 1 L.S. 25,000.00 25,000.00 3" Asphalt 12050 S.Y. 8.00 96,400.00 Class 6 ABC 2675 C.Y. 26.00 69,550.00 Geotextile Fabric 12050 S.Y. 1.00 12,050.00 10' Water Tank Access Road 325 L.F. 20.00 6,500.00 5' Drainage Channel 2315 L.F. 10.00 23,150.00 Relocate Irrigation Ditch 4610 L.F. 5.00 23,050.00 Soil Nailing Wall (face area) 1500 S.F. 30.00 45,000.00 Storm Drains 24" HDPE Type S 24" Flared End Section 49"x33" CMP Arch Pipe Headwalls for CMP Arch Pipes 71 "x47" CMP -Arch Pipe Headwalls for CMP Arch Pipes 10" Plastic Irrigation Pipe (PIP) 100 Psi 8" Plastic Irrigation Pipe (PIP) 100 Psi Cleanouts on PIP Concrete Ditch Diversion Structures Drywell for Irrigation Siphon Domestic Water *price includes trenching and fittings 24" DIP Waterline 12" DIP Waterline 12" Gate Valve 10" DIP Waterline 10" Gate Valve 8" DIP Waterline 8" Gate Valve 6" DIP Waterline 6" Gate Valve 1" Water Service Fire Hydrant Assembly Air Vac Pump House 165 L.F. 32.00 6 E.A. 200.00 200 L.F. 65.00 4 E.A. 800.00 135 L.F. 85.00 2 E.A. 5,000.00 990 L.F. 12.00 1620 L.F. 10.00 6 E.A. 250.00 2 E.A. 4,000.00 1 E.A. 2,500.00 300 L.F. 1265 L.F. 4 Each 4690 L.F. 14 Each 2856 L.F. 10 Each 40 L.F. 1 Each 28 Each 16 Each 6 Each 1 Each 1 OF 2 60.00 38.00 1,200.00 35.00 1,000.00 31.00 800.00 28.00 600.00 1, 000.00 3,000.00 3,000.00 20,000.00 5,280.00 1,200.00 13,000.00 3,200.00 11,475.00 10,000.00 11,880.00 16,200.00 1,500.00 8,000.00 2,500.00 18,000.00 48,070.00 4,800.00 164,150.00 14,000.00 88,536.00 8,000.00 1,120.00 600.00 28,000.00 48,000.00 18,000.00 20,000.00 Pump House Appurtenances Water Tank (300,000 gal) Steel Water Tank Appurtenances 10" Water Tank Drain Pipe Shallow Utilities 4' Utility Trench Telemetry Cable - 12 Pair Electric Vault Natural Gas line - ESTIMATE Electric Utility - ESTIMATE Telephone Utility - ESTIMATE 1 L.S. 45,000.00 1 L.S. 225,000.00 1 L.S. 22,000.00 100 L.F. 35.00 8839 L.F. 6350 L.F. 28 Each 4501 L.F. 8839 L.F. 4501 L.F. 8.00 2.50 500.00 10.00 30.00 2.00 45,000.00 225,000.00 22,000.00 3,500.00 70,712.00 15,875.00 14,000.00 45,010.00 265,170.00 9,002.00 Highway 82 Improvements Earthwork 1 L.S. 40,000.00 40,000.00 4" Asphalt - 2 - 2" Lifts Class CX 6180 S.Y. 11.25 69,525.00 6" Class 6 ABC 1040 C.Y. 26.00 27.040.00 12" Class 1 ABC 2080 C.Y. 24.00 49,920.00 Extend 7'x7' Concrete Box Culvert 8 L.F. 1,000.00 8,000.00 Type 3 Guardrail 80 L.F. 40.00 3,200.00 Type 4 Guardrail - Remove and Replace 900 L.F. 55.00 49,500.00 Pavement Striping 1 L.S. 10,000.00 10,000.00 Traffic Control 1 L.S. 45,000.00 45,000.00 Class I Ground Sign 4 Each 250.00 1,000.00 Emergency access Breakaway Gate 1 Each 1,000.00 1,000.00 Miscellaneous Revegetate/Landscape 1 L.S. 30,000.00 30,000.00 Class I Ground Sign 19 Each 250.00 4,750.00 Erosion and Sediment Control 1 L.S. 10,000.00 10,000.00 Augmentation Plan 1 L.S. 1,000.00 1,000.00 SUB TOTAL $2,068,415.00 10% Contingency $206,841.50 TOTAL PHASE 1 $2,275,256.50 This summary of probable construction cost was prepared for estimating purposes only. It does not include estimates for: Soils Testing, construction surveying, construction administration and inspection, or any permitting required by local governments. High Country Engineering, Inc. cannot be held responsible for variances from this estimate as actual costs may vary due to bid and market fluctuations. 2 OF 2 Exhibit D (Certified Costs of Completed Improvements) Subdivision Improvements Agreement Cerise Ranch Subdivision 23 -Aug -00 Page 13 Exhibit E (Notice Regarding Building Permit Restrictions) Subdivision Improvements Agreement Cerise Ranch Subdivision 23 -Aug -00 Page 14 NOTICE REGARDING BUILDING PERMITS TO: All purchasers of Homesites within Phase 1 of the Cerise Ranch Subdivision. YOU ARE HEREBY NOTIFIED, that under applicable Garfield County regulation you may not commence construction of a residence within unicorporated Garfield County, including Phase 1 of the Cerise Ranch Subdivision ("Property"), prior to issuance of a building permit by Garfield County. Under the terms of the Subdivision Improvements Agreement between Garfield County and Wintergreen Homes, LLC ("Wintergreen") and the subdivision approvals issued for the Cerise Ranch Subdivision, Garfield County will not issue building permits for the Property until: 1. There is a demonstration which satisfies the Carbondale & Rural Fire Protection District that there is adequate water available to the construction site for the Fire District's purposes and all applicable Fire District fees have been paid to the District. 2. There is a demonstration which satisfies the Garfield County Department of Building and Planning that all subdivision improvements, including all appropriate water facilities, have been completed and are operational in accordance with the Subdivision Improvements Agreement. WINTERGREEN HOMES, LLC a Colorado Limited Liability Company By Art Kleinstein, Manager The foregoing was read and understood by the undersigned Purchaser of a Homesite within the Property. By Homeowner Building Permit Declaration RECEIVED FEB 2 3 2001 FIRST AMENDMENT TO SUBDIVISION IMPROVEMENTS AGREEMENT C.,:ise Ranch Subdivision Phase 1 THIS FIRST AMENDMENT TO SUBDIVISION IMPROVEMENTS AGREEMENT is made and entered into this day of , 2001by and between CERISE RANCH CO., LLC, a Colorado Limited Liability Company (hereinafter "Owner") and the BOARD OF COUNTY COMMISSIONERS FOR GARFIELD COUNTY, COLORADO (hereinafter "County") WITNESSETH WHEREAS, on , 2000 and pursuant to the provisions set forth within Section 5:31 of the Garfield County Subdivision Regulations, as amended, Wintergreen Homes, LLC and the County executed a Subdivision Improvements Agreement (hereinafter "SIA) addressing and concerning the construction and completion of the public and other improvements to be contained within the Cerise Ranch Subdivision, Phase 1 (hereinafter "Subdivision"), more particularly described within the plat recorded in the records of the Clerk and Recorder for Garfield County, Colorado on December 12, 2000 as Reception No. 573538 (hereinafter "Plat"). The SIA was recorded in the records of the Clerk and Recorder for Garfield County, Colorado on December 12, 2000 in Book 1221 at Page 922 and Reception No. 573539. WHEREAS, Owner is the present owner of the property encompassed within the Subdivision and is the successor -in -interest to Wintergreen Homes, LLC under the SIA WHEREAS, following the execution and filing of the SIA and Plat, Owner discovered during the course of construction of the Subdivision's public and other improvements that various geological and geotechnical considerations precluded construction of the Subdivision's water tank in the location identified in the Plat and required under the SIA. WHEREAS, following consideration of the same at a public hearing, the County approved Owner's request to relocate the Subdivision's water tank approximately three thousand feet (3000') east of the originally approved site and amended the Subdivision's preliminary plan in accordance with the same. WHEREAS, Owner and the County wish to amend SIA to incorporate the new relocated site for the Subdivision's water tank and amendments to the Subdivision's preliminary plan. NOW THEREFORE, for and in consideration of the premises and the following mutual covenants and agreements, Owner and the County agree as follows: Cerise Ranch Subdivision, Phase ! First SIA Amendment Page 1 1. The Second Recital contained within Page 1 of the SIA is amended in its entirety as follows: WHEREAS, approval for the preliminary plan for the Cerise Ranch Subdivision was obtained under the terms and conditions set forth in County Resolution No. 2000-73, as subsequently amended under County Resolution No. 2. Paragraph 2. of the SIA is amended in its entirety as follows: OWNER'S PERFORMANCE. Owner has constructed and installed or shall cause to be constructed and installed, at its own expense, those improvements related to the Final Plat which are required to be constructed by County Resolution Nos. 2000-73 and 2001- , this Agreement, the Final Plat and all Garfield County Zoning and Subdivision Regulations. These improvements shall be completed on or before October 31, 2001. Additionally, Owner shall comply with the following: 3. All references to those documents identified within Paragraph 2.E. of the SIA as: Master Utility Plan (H.C.E Sheet 20 of 25), Pump House Design - Zancanella and Associates (Sheet W1) and Grading and Drainage Plan (H.C.E. Sheet 9 of 25), shall hereinafter refer to the identically entitled documents and submitted by Owner at the County's hearing of and dated 1-10-01, January 2001 and 1-10-01, respectively. 4. Paragraph 2.E.(1) of the SIA is amended in its entirety as follows: water supply and distribution system for Phase 1 of the Cerise Ranch Subdivision, as more particularly described within the plans submitted as part of the Final Plan and identified as: Master Utility Plan (H.C.E. Sheets 19 and 20): Water Detail Sheet (H.C.E. Sheet 24); Pump House Design - Zancanella and Associates (Sheet W1); Water Storage Tank - Zancanella and Associates (Sheet W2), Cerise Ranch Water Tank Screening Plan and Cerise Ranch Pumphouse - DPA Architectural Group (Sheets A3.1 and A4.1). Owner shall paint the water tank in colors consistent with the background terrain and, in accordance with the plans therefore, shall utilize appropriate berming and landscaping to minimize the water tank's visual impacts. 5. Exhibit C of the SIA is replaced and supplanted with the Cerise Ranch Subdivision - Phase 1, Summary of Probable Construction Cost as revised by Vernon D. Hope II on January 17, 2001), a copy of which is attached herewith and incorporated herein as Exhibit A. 6. Coincident with the execution and filing of this First Amendment to Subdivision Improvements Agreement, Owner by quit claim deed shall convey to the Cerise Ranch Property Cerise Ranch Subdivision, Phase I First SIA Anzendment Page 2 Owners Association a nonexclusive access and utility easement, said access and utility easement being more particularly described on within the legal description for the same attached hereto and incorporated herein as Exhibit B. 7. Coincident with the execution and filing of this First Amendment to Subdivision Improvements Agreement, Owner shall cause the Cerise Ranch Property Owners Association to vacate by quit claim deed the access; drainage and utility easement extending from the northern edge of Cerise Ranch and across Lots 51 and 52 to the original location of the Subdivision's water tank. ENTERED INTO the day and year first above written CERISE RANCH COMPANY, LLC a Colorado Limited Liability Company By Manager BOARD OF COUNTY COMMISSIONERS FOR GARFIELD COUNTY, COLORADO By Chairman ATTEST Clerk to the Board Cerise Ranch Subdivision, Phase 1 First SIA Amendment Page 3 Exhibit A CERISE RANCH SUBDIVISION - PHASE 1 SUMMARY OF PROBABLE CONSTRUCTION COST October 12. 2000 Revised January 17. 2001 HCE JOB NO: 99054.01 wrod., i.'.. w PII.\SE ISI S 0.E, ISEDI ITEM QUANTITY UNIT COST COST Grading and Earthwork Mobilization 1 L.S. 62.100.00 62.100.00 Earthwork 1 L.S. 97,950.00 97,950.00 Water Tank Base Prep. 1 L.S. 30.000.00 30,000.00 3" Asphalt 12050 S.Y. 7.35 88.567.50 Class 6 ABC 3954 C.Y. 23.00 90.942.00 Geocextile Fabric 12050 S.Y. 1.10 13.255.00 Mountable Curb and Gutter 675 L.F. 13.25 8.943.75 10' Water Tank Access Road 100 L.F. 65.62 6.562.00 5' Draina;e Channel 2315 L.F. 4.25 9.838.75 Relocate Irrigation Ditch 4607 L.F. 1.52 7,002.64 Storm Drains 24" HDPE Type S 24" Flared End Section 49"x33" CMP Arch Pipe Headwalls for CMP Arch Pipes 71 "x47" CMP -Arch Pipe Headwalls for CMP Arch Pipes 10" Plastic Irrigation Pipe (PIP) 100 Psi 8" Plastic Irrigation Pipe (PIP) 100 Psi Cleanouts on PIP Concrete Ditch Diversion Structures Drywell for Irrigation Siphon Domestic Water *price includes trenching and fittings 12" DIP Waterline 12" Gate Valve 10" DIP Waterline 10" Gate Valve 8" DIP Waterline 8" Gate Valve 4" PVC Waterline (Supply Line) 4" Gate Valve 1" Water Service Fire Hydrant Assembly Air Vac Pump House Pump House Appurtenances Water Tank (300,000 gal) Steel Water Tank Appurtenances 330 L.F. 29.00 9.570.00 9 E.A. 220.00 1.980.00 200 L.F. 50.00 10,000.00 4 E.A. 7,500.00 30,000.00 270 L.F. 92.00 24.840.00 4 E.A. 9,000.00 36,000.00 990 L.F. 13.00 12,870.00 1620 L.F. 11.75 19.035.00 16 E.A. 156.25 2,500.00 3 E.A. 4,570.00 13,710.00 1 E.A. 5,000.00 5,000.00 870 L.F. 32.65 28,405.50 4 Each 1,300.00 5,200.00 4690 L.F. 30.55 143,279.50 14 Each 1,100.00 15,400.00 2856 L.F. 28.35 80,967.60 10 Each 800.00 8.000.00 1575 L.F. 20.00 31,500.00 4 Each 600.00 2,400.00 28 Each 900.00 25,200.00 16 Each 2,600.00 41,600.00 6 Each 3,000.00 18,000.00 1 Each 61,500.00 61,500.00 1 L.S. 115,000.00 115,000.00 1 L.S. 137.550.00 137,550.00 1 L.S. 16,000.00 16,000.00 1 OF 2 10" Water Tank Drain Pipe Shallow Utilities 4' Utility Trench Telemetry Cable - 12 Pair Electric Vault Natural Gas line - ESTIMATE Electric Utility - ESTIMATE Telephone Utility - ESTIMATE 100 L.F. 8839 L.F. 1575 L.F. 28 Each 4501 L.F. 8839 L.F. 4501 L.F. Highway 82 Improvements Earthwork 1 L.S. 4" Asphalt - 2 - 2" Lifts Class CX 6180 S.Y. 6" Class 6 ABC 1040 C.Y. 12" Class 1 ABC 2080 C.Y. Extend 7'x7' Concrete Box Culvert 8 L.F. Type 3 Guardrail 80 L.F. Type 4 Guardrail - Remove and Replace 900 L.F. Pavement Striping 1 L.S. Traffic Control 1 L.S. Class I Ground Sign 4 Each Emergency access Breakaway Gate 1 Each Construct Emergency Access 1 Each Miscellaneous Revegetate/Landscape 1 L.S. Class I Ground Sign 19 Each Erosion and Sediment Control 1 L.S. Augmentation Plan 1 L.S. 22.00 6.75 0.50 550.00 10.00 30.00 2.00 25.000.00 10.20 23.00 22.70 1.425.00 81.25 44.00 4.400.00 14.000.00 300.00 2.000.00 3.000.00 2.000.00 300.00 15.000.00 1.000.00 2,200.00 59.663.25 787.50 15.400.00 45.010.00 265.170.00 9.002.00 25.000.00 63.036.00 23.920.00 47.216.00 11.400.00 6.500.00 39,600.00 4,400.00 14.000.00 1.200.00 2.000.00 3.000.00 2.000.00 5.700.00 15.000.00 1.000.00 SLB TOTAL $1,972,873.99 10% Contingency $197.287.40 TOTAL PHASE 1 $2,170,161.39 This summary of probable construction cost was prepared for estimating purposes only. It does not include estimates for: Soils Testing, construction surveying, construction administration and inspection, or any permitting required by local governments. High Country Engineering, Inc. cannot be held responsible for variances from this estimate as actual costs may vary due to bid and market fluctuations. ,.\ \ N \ 11 1 C • �e• .O N 13* <•‘, :`'v }• °L1939 2 OF 2 Exhibit B CERISE RANCH SUBDIVISION, PHASE 1 WATER TANK AND UTILITY EASEMENT DESCRIPTION A PARCEL OF LAND SITUATED IN THE NE1/4 NW1/4 OF SECTION 33. TOWNSHIP 7 SOUTH, RANGE 87 WEST OF THE 6TH PRINCIPAL MERIDIAN. GARFIELD COUNTY. COLORADO. AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 33, A GARFIELD COUNTY SURVEYOR BRASS CAP IN PLACE; THENCE S 59°41'36" E DISTANCE OF 2029.29 FEET TO THE POINT OF BEGINNING; THENCE N 24°54'16" E 65.97 FEET; THENCE N 19°04'11" E 135.65 FEET; THENCE S 70°55'49" E 195.56 FEET; THENCE S 19°49'07" W 118.14 FEET; THENCE S 17°12'57" E 26.68 FEET; THENCE S 27°04'24" W 44.05 FEET; THENCE N 89°31'02" W 115.28 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 95.00 FEET AND A CENTRAL ANGLE OF 29°49'58"„A. DISTANCE OF 49.46 FEET (CHORD BEARS S 27°33'09" W 48.91 FEET); THENCE N 35°22'41" W 115.41 FEET TO THE POINT OF BEGINNING: SAID PARCEL OF LAND CONTAINING 1.006 ACRES, MORE OR LESS. 923 Cooper Avenue Glenwood Springs, CO 81601 phone 970 945-8676 •fax 970 945-2555 14 Inverness Drive East, Ste B-144 Englewood, CO 80112 phone 303 925-0544 •fax 303 925-0547 R QUIT CLAIM DEED THIS DEED, made this day of , 2001, between CERISE RANCH, LLC, a Colorado limited liability company, ("Grantor"), and CERISE RANCH PROPERTY OWNERS ASSOCIATION, INC., a Colorado non-profit corporation, ("Grantee"): WITNESSETH, That the Grantor, for and in consideration of the sum 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 described as follows: A non-exclusive access and utility easement lying and being in the County of Garfield and State of Colorado as more particularly described on Exhibit A attached hereto. 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 COUNTY OF ) ss CERISE RANCH, LLC, a Colorado limited liability company By: Name: Title: The foregoing instrument was acknowledged before me by , as of Cerise Ranch, LLC, a Colorado limited liability company this day of , 2001. Witness my hand and official seal. My commission expires: Notary Public QUIT CLAIM DEED CERISE RANCH SUBDIVISION, PHASE 1 NATER TANK AND UTILITY EASEMENT DESCRIPTION A PARCEL OF LAND SITUATED IN THE NE1/4 NW1/4 OF SECTION 33. TOWNSHIP 7 SOUTH, RANGE 87 WEST OF THE 6TH PRINCIPAL MERIDIAN. GARFIELD COUNTY, COLORADO. AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 33, A GARFIELD COUNTY SURVEYOR BRASS CAP IN PLACE; THENCE S 59°41'36" E DISTANCE OF 2029.29 FEET TO THE POINT OF BEGINNING; THENCE N 24°54'16" E 65.97 FEET; THENCE N 19°04'11" E 135.65 FEET; THENCE S 70°55'49" E 195.56 FEET; THENCE S 19°49'07" W 118.14 FEET; THENCE S 17°12'57" E 26.68 FEET; THENCE S 27°04'24" W 44.05 FEET; THENCE N 89°31'02" W 115.28 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 95.00 FEET AND A CENTRAL ANGLE OF 29°49'58'', A DISTANCE OF 49.46 FEET (CHORD BEARS S 27°33'09" W 48.91 FEET); THENCE N 35°22'41" W 115.41 FEET TO THE POINT OF BEGINNING_ SAID PARCEL OF LAND CONTAINING 1.006 ACRES, MORE OR LESS. 923 Cooper Avenue Glenwood Springs, CO 81601 phone 970 945-8676 • fax 970 945-2555 EXHIBIT A 14 Inverness Drive East, Ste B-144 Englewood, CO 80112 phone 303 925-0544 • fax 303 925-0547 11 IJ Gtech January 22, 2001 Cerise Ranch c/o Wintergreen Homes Attn: Jeff Spanel P.O. Box 1530 Avon, Colorado 81620 RECEIVED JAS' 2 Hepworth-Pawlak Geotechnical, Inc. 5020 County Road 154 Glenwood Springs, Colorado 81601 Phone: 970-945-7988 Fax: 970-945-8454 hpgeo@hpgeotech.com Job No.100 106 Subject: Interim Report, Subsoil Study for Foundation Design, Proposed Water Storage Tank, Near East End of Larkspur Drive, Cerise Ranch, Garfield County, Colorado Dear Mr. Spanel: We have completed subsurface exploration at the subject site. Two borings were drilled to depths of 34 and 42 feet at the locations shown of Fig. 1. Laboratory testing of samples taken from the borings is underway and we expect the final report will be completed in the near future. The interim findings for planning and preliminary design are presented below. Subsurface conditions encountered in the exploratory borings drilled in the proposed tank area are shown on Fig. 2. The subsoils, below a shallow fill depth caused by drill pad leveling, consist of medium dense silty sand and gravel with cobbles and probable small boulders above stiff to hard clayey sand and silt. Dense gravel alluvium was encountered in Boring 2 at a depth of 36 feet. Groundwater was not encountered in the borings to the maximum explored depth of 42 feet and the subsoils were slightly moist to moist. Based on our findings and experience in the area, the proposed water tank can be founded on a compacted granular base. Footings can be placed on the natural subsoils or compacted structural fill and designed for an allowable bearing pressure of 2,000 psf. The foundation soils appear to be hydrocompressible and there could be differential settlement if the subsoils become wetted. 32001 3 Cerise Ranch January 22, 2001 Page 2 We will forward our project geotechnical report when complete. In the meantime, if you have any questions regarding this report, please contact us. Sincerely, HEPWORTH - PAWLAK GEOTECHNICAL, INC. Trevor L. Knell Rev. by: SLP TLK/tlk cc: High oun P'neerin J'�_•. 'ONAL Eric Tuin 9450 - 9425 9400 LARKS PuF LOT 34 B.IVE APPROXIMATE TOE OF STEEP SLOPE (50%) APPROXIMATE SCALE: 1"=100' CUL-DE-SAC CENTERLINE OF DITCH TO BE ABANDONED LOT 33 101 106 HEPWORTH-PAWLAK GEOTECHNICAL, INC. LOCATION OF EXPLORATORY BORINGS Fig. 1 BORING 1 BORING 2 ELEV.=9415' ELEV.=9403' 0 0 017.0 00 0.r ^• ' :::: :25/12 Q 1 0 0 P ... . x i 14/6,10/0 4' 20/10,10/0 1 0 15 0 01 0°.. • 1 26/12 17/12 15 u .L, o 20 p 11 • : ACa� 20 w „i L., , co OA 14/12 15/12 Ca 25 / ! 25 30• 4 4 •30 6 34/12 28/12 35 11? ..go - .-pf 4 vv` _ 35 Note: Explanation of symbols is shown on Fig.3. 40 alV p:d ,•�.. �q: 40 a ciA. is 1 Bottom of Boring at 42 feet 101 106 HEPWORTH—PAWLAK GEOTECHNICAL, INC. LOGS OF EXPLORATORY BORINGS Fig.2 LEGEND: FILL; clayey sand and gravel with cobbles, loose, slightly moist, brown. SAND AND GRAVEL (SM -GM); silty, slightly clayey, with cobbles and possible small boulders, medium dense, slightly moist to moist, brown, angular to subangular rocks. SAND AND SILT (SM -ML); clayey, scattered gravel, cobbles and boulders, stiff to hard, moist, brown. GRAVEL (GP -GM); with cobbles and small boulders, dense, slightly moist, brown, rounded to subrounded rock. Relatively undisturbed drive sample; 2 -inch I.D. California liner sample. Drive sample; standard penetration test (SPT), 1 3/8 inch I.D. split spoon sample, ASTM D - 1586. Drive sample blow count; indicates that 25 blows of a 140 pound hammer 25/12 falling 30 inches were required to drive the California or SPT sampler 12 inches. T NOTES: Practical drilling refusal on a boulder. Where shown above the bottom of the log, multiple attempts were made to advance the boring. 1. Exploratory borings were drilled on January 19 and 22, 2001 with a 4 -inch diameter continuous flight power auger. 2. Locations of exploratory borings were measured approximately by pacing from features shown on the site plan provided. 3. Elevations of exploratory borings were obtained by interpolation between contours on the site plan provided. Boring logs are drawn to depth. 4. The exploratory boring locations and elevations should be considered accurate only to the degree implied by the method used. 5. The lines between materials shown on the exploratory boring logs represent the approximate boundaries between material types and transitions may be gradual. 6. No free water was encountered in the borings at the time of drilling or when when checked 3 days later. Fluctuation in water level may occur with time. 7. Laboratory Testing Results: WC = Water Content ( % ) DD = Dry Density ( pcf ) +4 = Percent retained on No. 4 sieve. -200 = Percent passing No. 200 sieve. LL = Liquid Limit ( % ) PI = Plasticity Index ( % ) 101 000 HEPWORTH- PAWLAK GEOTECHNICAL, INC. LEGEND AND NOTES Fig. 3 Wright Water Engineers, Inc. 8 18 Colorado Ave. P.O. Box 2 19 Glenwood Springs. Colorado 81602 (970) 945-7755 TEL (970) 945-9210 FAX (303) 893-1608 DENVER DIRECT LINE February 6, 2001 Mr. Mark Bean Garfield County Planning Department Garfield County Courthouse 109 8th Street Glenwood Springs, CO 81601 RE: Cerise Ranch Subdivision — Water Tank Relocation Dear Mark: At your request, Wright Water Engineers, Inc., (WWE) has reviewed the proposed change in the water tank location for the Cerise Ranch Subdivision. Our review included the High Country Engineering summary of probable construction costs dated January 17, 2001, the HP Geotech, January 22, 2001 interim report letter to Wintergreen Homes and engineering drawings Sheet No. 9, 19, 20, W1, A3.1 and A4.1. Based on our review we offer the following comments: COST ESTIMATES The project construction cost estimate for Phase I, appears reasonable and includes the revised water system layout to accommodate the new storage tank location. However, it does not appear to include the cost for a backup power generator. GEOTECHNICAL REPORT The interim report prepared by HP Geotech indicates that the proposed water tank foundation soils appear to be hydro -compressible and wetting of these sub -soils could result in differential settlement. There does not appear to be a plan to address the issue of hydro -compressible soils for the steel tank. The complete geotechnical report should be required prior to any approval. The report should provide recommendations related to mitigating the potential for significant differential settlement from wetting of the sub -soils at the water tank site. The civil engineering drawings should be modified, if necessary, to reflect the HP Geotech recommendations. WATER TANK & UTILITY EASEMENT The proposed water tank and utility easement appears adequate for the site. DENVER (303) 480-1 700 DURANGO (970) 259-7411 BOULDER - (303) 473-9500 Mr. Mark Bean February 6, 2001 Page 2 SYSTEM DESIGN The new tank location requires the entire distribution system to be pressurized by booster pumps. Likewise, the fire protection system will rely on booster pumps to provide the required flow and pressure. The booster pump station must include a backup power generator. In our meetings with High Country Engineering in January, a backup generator was discussed and proposed for the project. The plans and cost estimate do not indicate that a backup generator will be installed. The Carbondale & Rural Fire Protection District should review and approve, in writing, the proposed fire flow booster pump system and hydrants at the pump station/storage tank area. Please call if you have any questions or need additional information. Very truly yours, WRIGHT WATER ENGINEERS, INC. By: Cc: Jim Leuthauser, Assistant Garfield County Attorney Joe Hope, High Country Engineering D:\Work\WWE\921-047.120\Bean regarding Cerise Ranch.doc MichaetJ. rio , P.E. Project Manager Feb -14-01 02:24P Wintergreen Homes 970949994.0 P.02 Cess 5.41`,1) �•1 Gtech III Iitttirlh-I':ntlul. (avlcchlllta . ilir. :11?I) (.'mint% 12natl 15-1 (:It•mruod Springy. ('olonldn `ilhlll 1'l00ut•: 9711-445-7')88 ax: 470-945-8-154 Iinvii(v1 opt lt•t•Ih.t't4n SUBSOIL STUDY FOR FOUNDATION DESIGN PROPOSED WATER STORAGE TANK NEAR EAST END OF LARKSPUR DRIVE CERISE RANCH GARFIELD COUNTY, COLORADO JOB NO. 100 106 JANUARY 30, 2001 PREPARED FOR: CERISE RANCH C/O WINTERGREEN HOMES ATTN: JEFF SPANEL P.O. BOX 1530 AVON, COLORADO 81620 Feb -14-01 02:25P Wintergreen Homes 9709499940 P_03 HEPWORTH - PAWLAK GEOTECHNICAL, INC. January 30, 2001 Cerise Ranch c/o Wintergreen Ilomes Attn: Jeff Spanel Y.O. Box 1530 A von, Colorado 81620 Job No.100 106 Subject: Report Transmittal, Subsoil Study for Foundation Design, Proposed Water Storage Tank, Near East End of Larkspur Drive, Cerise Ranch, Garfield County, Colorado Dear Jeff: As requested, we have conducted a subsoil study for the proposed tank at the subject site. The tank will be steel and have a capacity of 300,000 gallons. Subsurface conditions encountered in the exploratory borings drilled in the proposed tank area, below a shallow fill depth caused by drill pad leveling, consist of medium dense silty sand and gravel with cobbles and probable small boulders above medium dense/stiff clayey sand and silt with gravel zones and layers. Dense gravel alluvium was encountered in Boring 2 at a depth of 36 feet. Groundwater was not encountered in the borings at the time of drilling but was measured in Boring 2 at a depth of 361/2 feet. The upper soils were slightly moist to moist. The proposed water tank can be founded on a compacted granular base. Footings can be placed on the natural subsoils or compacted structural fill and designed for an allowable hearing pressure of 2,000 psf. The foundation soils are generally hydrocotnpressive and there could be long term differential settlement if the subsoils become wetted. The report which follows describes our exploration, summarizes our findings, and presents our recommendations. It is important that we provide consultation during design, and field services during construction to review and monitor the implementation of the geotechnical recommendations. If you have any questions regarding this report, please contact us. Sincerely, HEPWORTH - PAWLAK GEOT CHNICAL, INC. Trevor L. Knell Rev. by: SLP TLK/djg Feb -14-01 02:25P Wintergreen Homes 9709499940 P_04 TABLE OF CONTENTS PURPOSE AND SCOPE OF STUDY 1 PROPOSED CONST'RUCT'ION 1 SITE CONDITIONS 2 FIELD EXPLORATION 2 SUBSURFACE CONDITIONS 2 DESIGN RECOMMENDATIONS 3 FOUNDATION 3 SITE GRADING 4 SURFACE DRAINAGE 4 LIMITA'T'IONS 4 FIGURE 1 - LOCATION OF EXPLORATORY BORINGS FIGURE 2 - LOGS OF EXPLORATORY BORINGS FIGURE 3 - LEGEND AND NOTES FIGURES 4 & 5 - GRADATION TEST RESULTS TABLE I - SUMMARY OF LAI3ORATORY TEST RESULTS H -P GEOTECH Feb -14-01 02:25P Wintergreen Homes 9709499940 PURPOSE AND SCOPE OF STUDY P_ 05 This report presents the results of a subsoil study for a proposed water storage tank to be located near the east end if Larkspur Drive, at Cerise Ranch, Garfield County, Colorado. The project site is shown on Fig. 1. The purpose of the study was to develop recommendations for the foundation design. The study was conducted as a supplement to our proposal for geotechnical engineering services to Cerise Ranch dated September 8, 2000. A field exploration program consisting of exploratory borings was conducted to obtain information on subsurface conditions. Samples of the subsoils obtained during the field exploration were tested in the laboratory to determine their classification and other engineering characteristics. The results of the field exploration and laboratory testing were analyzed to develop recommendations for foundation types, depths and allowable pressures for the proposed tank foundation. This report summarizes the data obtained during this study and presents our conclusions, design recommendations and other geotechnical engineering considerations based on the proposed construction and the subsoil conditions encountered. PROPOSED CONSTRUCTION The proposed tank will be an above ground steel structure with a design bottom elevation of about 6411 feet. The tank will have a capacity of 300,000 gallons with a height of about 12 feet and a diameter of about 65 feet. A 12 inch thick compacted base layer and 2 inches of oiled sand placed on a prepared subgradc is proposed for the tank support. Grading for the structure will involve relatively extensive cuts up to about 20 feet high along the uphill side and 011 up to about 5 feet deep below the downhill side of the tank. A landscape berm about 15 feet high will be constructed along the downhill perimeter of the tank. Final graded slopes of 2 horizontal to 1 vertical are proposed uphill and downhill of the tank. The tank loading will be moderate and mainly from the weight of water. If the tank location, grading or loading information changes significantly from that described, we should be notified to re-evaluate the recommendations contained in this report. H -P GEOTECH Feb -14-01 02:25P Wintergreen Homes 2 9709499940 SITE CONDITIONS The tank site is located near the east end of Larkspur Drive, See Fig. 1. An access road and drill pads had been graded into the tank location at the time of our field work. The ground surface is relatively flat with a moderate slope down to the south. Just uphill to the north the hillside becomes steep. Elevation difference is about 15 feet across the tank area. Vegetation consists of scattered evergreens and scrub oak. Cobbles and boulders were exposed on the ground surface. FIELD EXPLORATION The field exploration for the project was conducted on January 19 and 20, 2001. Two exploratory borings were drilled at the locations shown on Fig_ 1 to evaluate the subsurface conditions. The borings were advanced with 4 inch diameter continuous flight augers powered by a truck -mounted Longyear BK -511-1D drill rig, The borings were logged by a representative of Hepworth-Pawlak Geotechnical, Inc. Samples of the subsoils were taken with 1% inch and 2 inch 1_D. spoon samplers. The samplers were driven into the subsoils at various depths with blows from a 140 pound hammer falling 30 inches. This test is similar to the standard penetration test described by ASTM Method D-1586. The penetration resistance values are an indication of the relative density or consistency of the subsoils_ Depths at which the samples were taken and the penetration resistance values are shown on the Logs of Exploratory Borings, Fig. 2. The samples were returned to our laboratory for review by the project engineer and testing. SUBSURFACE CONDITIONS Graphic logs of the subsurface conditions encountered at the site are shown on Fig. 2. below a shallow fill depth caused by drill pad leveling, the subsoils consist of medium dense silty sand and gravel with cobbles and probable small boulders overlying medium dense/stiff clayey sand and silt with gravel zones and layers. Dense gravel alluvium was encountered in Boring 2 at a depth of 36 feet. Boulders were apparently encountered at depths of 19' and 34 feet in Boring 1 which could not be drilled with the augers. Drilling in the dense gravel alluvium in Boring 2 was difficult due to the H -P GEOTECH P.06 Fb-14-01 02:26P Wintergreen Homs -3 9709499940 P_07 cobbles and boulders and drilling refusal was encountered at 42 feet below the ground surface in the deposit. Laboratory testing performed on samples obtained from the borings included natural moisture content and density, Atterberg limits and gradation analyses. Results of gradation analyses performed on small diameter drive samples (minus 11/2 inch fraction) of the more granular soils are shown on Figs. 4 and 5. The laboratory testing is sutninarized in Table 1. Free water was not encountered in the borings at the time of drilling or when checked 3 days later in Boring 1. Groundwater level was measured in Boring 2 at a depth of 361/2 feet when checked on January 29, 2001. The upper soils were slightly moist to moist. DESIGN RECOMMENDATIONS FOUNDATION AND SUBGRADL Considering the subsurface conditions encountered in the exploratory borings and the nature of the proposed construction, we believe the tank can be founded on a compacted granular base placed on the natural soils or compacted structural fill up to about 5 feet deep. Footings can be designed for an allowable bearing pressure of 2,000 psf, excluding the weight of the water. The upper natural soils are generally hydrocompressive and there could he long term differential settlement it' the subsoils become wetted. Based on experience, we expect initial settlements to be on the order of 1 to 2 inches. Additional settlements could be on the order of 2 to 4 inches or more depending on the depth and extent of wetting. The existing fill and any topsoil should he removed from the tank area. The exposed suhgrade should be moisture treated and compacted to at least 95 % of standard Proctor density. Structural till placed to design suhgrade level should consist of predominantly granular soils compacted to at least 98% of standard Proctor density at near optimum moisture content. The structural fill should extend at least 5 feet beyond the confining ring of the base materials. The tank base materials should he placed and compacted to the project specifications. A representative of the geotechnical engineer should observe the tank suhgrade for bearing conditions and evaluate structural fill construction for placement and compaction_ H -P GEOTECH Feb -14-01 02:26P Wintergreen Homes -4- 9709499940 P_ 08 SITE GRADING Relatively extensive cuts up to about 20 feet high are proposed in the uphill part of the site. The cut and fill slopes will he graded at 2 horizontal to 1 vertical or flatter. Non-structural fills placed for the berm downhill of the tank should be compacted to at least 90% of the maximum standard Proctor density near optimum moisture content. Prior to any new embanlunent fill placement, the suhgrade should he carefully prepared by removing all vegetation, topsoil and existing fill, and compacting to at least 90% standard Proctor density. The fills should he benched into any sloping areas that exceed 20% grade. Permanent unrctained cut and fill slopes should be graded at 2 horizontal to 1 vertical or flatter and protected against erosion by revcgelation or other means. SURFACE DRAINAGE The following drainage precautions should be observed during construction and maintained at all times after the water tank has been completed: 1) Inundation of the tank excavation should be avoided during construction. 2) Landscape fills should be adjusted to near optimum moisture and compacted to at least 90% of the maximum standard Proctor density. 3) The ground surface around the tank should be sloped to prevent ponding. 4) The hillside drainage should be diverted through and around the tank site by a swale with adequate cross section to pass possible peak flows. LIMITATIONS This report has been prepared in accordance with generally accepted geotechnical engineering principles and practices in this area at this time. We make no warranty either express or implied. The conclusions and recommendations submitted in this report are based upon the data obtained from the exploratory borings drilled at the locations indicated on Fig. 1, the proposed type of construction and our experience in the area. Our findings include interpolation and extrapolation of the subsurface conditions identified at the exploratory borings and variations in the subsurface conditions may not become evident until excavation is performed. If conditions encountered during construction appear different from those described in this report, we should be notified so that re-evaluation of the recommendations may be made_ H -P GEOTECH Feb -14-01 02:26P Wintergreen Homes 5 9709499940 P_09 This report has been prepared for the exclusive use by our client for design purposes. We arc not responsible for technical interpretations by others of our information. As the project evolves, we should provide continued consultation and field services during construction to review and monitor the implementation of our recommendations, and to verify that the recommendations have been appropriately interpreted. Significant design changes may require additional analysis or modifications to the recommendations presented herein. We recommend on-site observation of excavations and foundation hearing strata and testing of structural till by a representative of the geotechnical engineer. Sincerely, HEPWORTII PAWLAK GEOTECHNICAL, INC_ dieeC9/C. Trevor L. Knell Reviewed by: '0"" 15222 Steven L. P writ P4F..,a 2 TLK/djg ••••.n.ti. OF c0, "'''. cc: High Country Engineering - Attn: Eric Tuin H -P GEOTECH Feb -14-01 02:26P Wintergreen Hames 9709499940 P.10 9450 9425 LOT 34 9400 100 106 APPROXIMATE SCALE: 1"-100' ROUNDABOUT HEPWORTH-PAWLAK GEOTECHNICAL. , INC . APPROXIMATE TOE OF STEEP SLOPE (5Q%) - • PROPOSED WATER �TANK� BORING 2 r?› CENTERLINE OF DITCH TO BE ABANDONED LOT 33 LOCATION OF EXPLORATORY BORINGS Fig • 1. Feb -14-01 02:27P Wintergreen Homes 9709499940 P.11 Depth Feet BORING 1 FLEV. =9415' BORING 2 ELEV.=9403' 0 _ 0 25/12 '•5 we=7 7 5 10 22/12 L20 27 P1=3 t,1�= 45 tl 15 $P1 0 t 41 20 25 30 35 40 14/6,10/0 2(/12 +4=25 -200=36 14/12 we=8. 5 200,67 LL=24 FI 4 34/12 WC=1 ti. 9 Du=119 -200=73 LL -27 01.8 Note: Explanation of symbols is shown ars Fig. 3. 100 106 HEPWORTH - PAWLAK GEOTECfINNICAL, INC _ 20/10,10/0 17/12 wc.14.3 i4=1.3 -200=45 15/12 8/12 wC=13.1 +4=23 200=35 BOC Coit ot BOrir:Q at 42 fart_ LOOS OF EXPLORATORY BORINGS 10 15 20 25 30 35 40 Fig . 2 F eb 14 U 1 U2 : L / I' wintergreen Homes y 1 U Y 4YY Y 4 O P.12 LEGEND: FILL; clayey sand and gravel with cobbles, loose, slightly moist, brown. SAND AND GRAVEL (SM. -GM); silty, slightly clayey, with cobbles and possible small boulders, medium dense, slightly moist to moist, brown, angular to subangular rocks. SAND AND SILT (SM -ML); clayey, scattered gravel, cobbles and boulders, medium dense/stiff, slightly moist to moist, brown, subangular rocks. GRAVEL (GP --GM); slightly silty, sandy, with cobbles and small boulders, dense, moist to wet, brown, rounded to subrounded rock. Relatively undisturbed drive sample; 2 -inch I.D. California liner sample. Drive sample; standard penetration test (SPT), 1 3/6 inch I.D. split spoon sample, ASTM D - 1586. Drive sample blow count; indicates that 25 blows of a 140 pound hammer 25/12 falling 30 inches were required to drive the California or SPT sampler 12 inches. Groundwater level when checked on January 29, 2001. ---> Caved depth when checked on January 29, 2001. f Practical drilling refusal on a boulder. Where shown above the bottom of the log, multiple attempts were made to advance the boring. NOTES: 1. Exploratory borings were drilled onJanuary 19 and 22, 2001 with a 4 -inch diameter continuous flight power auger. 2 Locations of exploratory borings were measured approximately by pacing from features shown on the site plan provided and the center of tank stake. 3. Elevations of exploratory borings were obtained by interpolation between contours on the site plan provided. Boring logs are drawn to dept -h. 4. The exploratory boring locations and elevations should be considered accurate only to the degree implied by the method used. 5 The lines between materials shown on the exploratory boring logs represent the approximate boundaries between material types and transitions may be gradual. 6 No free water was encountered in the borings at the time of drilling or in Boring 1 when checked 3 days later. Fluctuation in water level may occur with time. Laboratory Testing Results: WC = Water Content ( % ) DD = Dry Density ( pcf ) +4 = Percent retained on No. 4 sieve. -200 = Percent passing No. 200 sieve. LL = Liquid Limit ( % ) PI = Plasticity Index ( % ) 100 106 HE PWORTH - PAWLAK GEOTECHNICAL, INC. LEGEND AND NOTES Fig. 3 Fig .4 Feb -14-01 02:27P Wintergreen Homes 9709499940 P_13 4 II'MR METE4 AVA ,vp1r: 3LevEj AN :J T THE RnA11I NCS I1. S. STAI:11AR11 !:Pn 1i'.^. 1 CLEAR 32UANk: OPENLN :S 24 NR. 7 Illi 11 MIN.11 MIN. lfMT N.1014TN. I MTN. 1 MTN 42 n0 01 nn 11,(; um 4'14 18 T4 1/4 )i1• 1 1/0' 1' 5'h' F' 4 10 s] S JU 411 EH E] 1,0 U 60 L14 ,1) 110 10 1n0 xer J 1- lir i • r J 1 • } .01:1 004.040 .014 .017 .074 .'Ln .200 .600 1.18 2.21 4.'7`_• 9A2.519 DIAMETER OF PARTICLES IN MILLIMETERS CLAY T1) ;T1,1' ':AND F T00 MF.01)11( r^_(..1ANSE r4RT11vF1. P IN£ J COA42..1; Inn 90 7A.) 102 2n1 137 CUtlB L'SS GRAVEL 25 % LIQUID LIMIT SAMPLE OF:Silty Sand and Gravel SANT) 39 2. J In n * SILT AND CLAY 36 % PLASTICITY INDEX FROM: Boring 1 at 15 feet 11YDRO KETER ANAT.Y'7T:1 STFVF ANALY4'. LS TTMR 4Ii1 TNi::: 24 111. 7 1144 4), M1N.11 HCN_OCMTNI0MTN.4 M117.1 MTN. u 1n 431)2 4100 ,. .... 0 ANDARII rFATF.0 } 450 F30 410 00 41 01.1704 4011001. 4PF40T40051 1/11' 1/8• 1 1/4- 1- 5'4- B_ t /0 101 uU 1 0(1 4, 0- i r r • } 100 nu 80 70 Cr) r� ,L F ,. a. n 2 1x1 U 40 ri a. Ju 901 .non. 005 .n0') .010 017 .(174 .1:,0 .)00 .6110 1.14 2.:16 1.75 2.', ,Lv n 17.5 74.7 1!.` 24.1 117 DIAMETER OF PARTICLES IN MILLIMETER (IA Pit 1T,T GRAVEL 13 % LIQUID LIMIT SAMPLE OF: Silly Sand with Gravel AND FINE. SAND 42 M£DIL74 ICOARSE 100 106 HEPWORTH- PAWLAK GEOTECHNICAL, INC. F I11E (12A V RT. t_ U0IILk_: 41 10 (I $ SILT AND CLAY 45 % PLASTICITY INDEX FROM: Boring 2 at 15 feet GRADATION TEST RESULTS Feb -14-01 02:27P Wintergreen Homes 9709499940 P_14 HY OHOM)7L:R ANALYSIS TT148 R M-MAI:1 ..4 HR. 7 ;ll' 7 11 M:N. 1 k1N. '(1MTN.1 ')MT) 4 YT): NTN, #7..1111 y1 nn t'..n t:11: t1h IR t4 0:FVF1 ANa;.Y4TR N.:;. .^.TANrlARil r:rfT47, f.IIAR &)IIAR4 :/PRNTN4.7 10 :0 (:=1 40 F-1 w fZ F �u Ci. 70 RO 00 100 Ji I }i1• 1 1/1• J• 1.11• e• LW) 1 t 4- C Aria L .. 41. On; 00' 11115 .000 074 Cil .1174 1pn .)00 .,o0 1.13 /.16 4.73 v.° 19.0 i7.5 76.2 152 203 i... 5 1.7 DIAMETER OF PARTICLES IN MILLIMETERS ryJY ro ctLM1` GRAVEL 23 TTNF a441P MFITIM (COARSE: J YEL FINE COARSE C: 31%11R SAND 41 % SILT AND CLAY 36 % LIQUID LIMIT $ PLASTICITY INDEX SAMPLE OF: Silty Sand with Gravel 100 106 HEPWORTH-PAWLAK GEOTECHNICAL, INC. FROM: Boring 2 at. 30 feet GRADA'T'ION .TEST RESULTS i i3:��ii�C 0 G7 Fig. 5 1 HEPWORTH-PAWLAK GEOTECHNICAL, INC. TABLE f SUMMARY OF LABORATORY TEST RESULTS JOB NO 100 106 SAMPLE LOCATION NATURAL NATURAL DRY DENSITY (pc11 GRADATION PERCENT ATTERBER0 LIMITS UNCONFINED SOIL OR BEDROCK TYPE BORING DEPTH (feel) MOISTURE CONTENT 1%1 GRAVEL 1%) SAND 1%1 PASSING NO. 200 SIEVE LIQUID LIMIT (9:) MASTIC INDEX 1%1 COMPRESSIVE STRENGTH iPSFI 1 15 6,5 25 39 36 Silty Sand and Gravel 20 8.5 67 24 4 Sandy Silt and Clay with Gravel 30 15.9 119 73 27 8 Sandy Silty Clay 2 5 7.7 45 29 3 Silty Sand with Gravel 15 14.3 13 42 45 Silty Sand with Gravel 30 13.1 23 41 36 Silty Sand with Gravel 0 9 ID -10 (71 CLU Cu ui IDC U1,1J fit i1 1 Ur1 UUUIY l R I CIYU 1 IVCCR 1 IYU FEE. 20. 2001 11:32AM CAREONDALE FIRE DISTRICT • Rl Pcbru. ry 17. 2001 ( fieyd County Planner 109 E ikhih Street, Suite 303 Glo, iwJi'1+i Springs, Co 81601 rt1A PU. JR! dqo COSo BEA FIRE • EMS • RESCUE .Raneh Water Tank Relocation 114i- Mix k: r, UL NO, 2279• P. 3 --- have ri;vimed the drawings for the proposed Cerise Ranch water tank relocation. A systttn t:on;; i:,ti,Il; Or 300,000_gallou water storage tank with a listed fire 50 psi of ho.4-4 is proposed_ The pump system including related controls,l pipingn at and va00lves ve is at p;c0lk}s'•d to be installed in accordance with NFPA 20, " valves o PorAps tar i�ieo Protection" 1999 edition. The system as proposed is the acceptable. of Stationary 1'l4n.c contact the if you have any questions. lfili Gawitc Cc; Joe T t'o1•,ci, i sigh Country Engineering Carbondale & Rural Fire Protection District 300 Mtadowood Drive Carbondale, CO 81623 .970/963-2491 Fax 963-0569 December 16, 2000 Mark Bean, County Planner Garfield County Building and Planning Department 109 8th Street, Suite 303 Glenwood Springs, CO 81601 Re: Cerise Ranch — Partial Release of Collateral HCE Project No. 99054.03 Dear Mark: I am writing on behalf of Wintergreen Homes ("Owners"). In accordance with the terms of the Subdivision Improvement Agreement by and between the Owners and the board of County Commissioners of Garfield County, each request for partial release of collateral must be signed by the Project Engineer, and shall certify that: 1. All costs for which the release is being requested have been incurred in connection with the construction of the Improvements; All work performed and materials supplied are in accordance with the plans and specifications; 3. All work has been performed in a workmanlike manner; 4. No funds are being requested for work not completed, or for materials not installed or stored on site; and 5. The Project Engineer has inspected, approved and has certified that all such improvements have been constructed in accordance with the plans and specifications. Please consider this letter certification by the Project Engineer, High Country Engineering, Inc. (HCE), that all of the foregoing requirements have been met up to the date of this request. The October and November 2000 Payment Requests from DRT2 Construction is attached hereto and incorporated herein by reference. These two (2) invoices total $376,511.15. Also included with this request is the contract for $242,000.00 with Holy Cross Energy for electric service. I have included copies of the checks for payment to Holy Cross Energy and to DRT2 for the November 2000 invoice. DRT2 has already been paid for the October invoice and a copy of the Unconditional Waiver of Lien for that invoice in included. These Lien Waivers are typically 30 days in arrears on this project. The original amount of the Construction Costs for Public 923 Cooper Avenue Glenwood Springs, CO 81601 phone 970 945-8676 • fax 970 945-2555 14 Inverness Drive East, Ste B-144 Englewood, CO 80112 phone 303 925-0544 • fax 303 925-0547 Mr. Mark Bean December 16, 2000 Page 2 Improvements was $2.172,827.51 per the Engineers Estimate of Probable Construction Cost dated October 12, 2000. We are requesting the funds in the amount of $344,359.93 be released and considered complete. Thus, leaving the amount of $1,828,467.58 to complete the remainder of the public improvements. Please contact me if you have any questions or need additional information. Sincerely, GI -.GO RY ENGINEERING, INC. oe Eti)Hope, ' . i.. "l cin ipal _r, r.-- .•_ •Enc C"c:4 Jeff Spariel Wintergreen Homes •Dale .Hoe; W intergreen Homes Tim Thu son. Balcomb and Green Dec -13-00 03:34P Winte,jreen Homes 9709,v_.$9940 P.02 1_/1')/''t1!Jt7 l4:id 7rV70.4__70 11111 111 III III L�iCQ TmoxAt wAivZR OFT. wintergreen Homes �£.0 ; DRT 2 s �Tf C Cerise Ranch Tats uti4acalgned goes hereby release all Mochartic'a Lien Rlghts, resultiztg from labor tr ?o: mattri.is, subcontract work, atjstiptaent or other work roars, scrvict3 or supplies imo-ctofere funuotsed in sud kir tips c•osetactioa, impsoveasstt, tl*ntion and addition., to the above descnsed PM*" Excluding retainage The urtderateaeri has hoe* paid and has meived r progrt:ss pttytnent inSile sum of 41 1 _ _ 5O _ 0 5 for labor, aoreicss. egasptnent or ttsoartat fvTuhcd. 3 TDs Contactor ;peel to d 4 at►4 bold ban leas is Owns fro' cleat o= c;at^tis hertittatlat nulla by Oa Ullsteraglisi and/or ata taatasiat suppliers, sticcontrocwr Of crrtploy:C3, sorvaitta, meats or wig= as Loh persona epmol the project_ It u tulmowled;ed that the 4asisost:wo of tea wove project conantute an sticqusc descrtpt31on of the property rad t:stprovosssente ihr which' dos tstsdert lantd Yrs reco;b.d ccauLdormtioa for tags ukase. it le Potter seerrtracet t%Ad repteaaad that aD such aialres *stout the ursderstitsd Cr the undecsiaoed's svbaoatraicatt sod/or missal Iuppl►est lure 'teen pad or that trreasomoot' satisfactory to the Dwe r hay(' beets made for Bush payment. rhil immune= aoaetistRee s reglad shall nLAts, claim; and detataads of the tutdel%Pod api,ut alas Crime lashing out of or lir taiaitsito the shove referenced project up to mad Including the t dayaf AI.avF+ahPr ,2000. excluding retainage mmtat DRT2, LLC David BYt RippY Tfl2xi Manager nk: 12/13/00 VB u.01,.,41, AL34VS 0 rmawna PPLICATION AND CERTIFICATE FOR PAYMENT AIA DOCUMENT G702 OWNER: (Instructions on rcvcrsc silk) PnGE ONE uF Wintergreen Homes P.O. Box 1530 Cerise Ranch Avon, CO. 81620 M CONTRACTOR: DRT2, LLC. PROJECT': TRACT FOR: NTRACTOR'S APPLICATION cation is made for paytnrnt, as shown below, Inuatl on Shcct, AIA Document G703, Is attach 11(31NAL CONTRACT BUM It zhanpe bi/-Change:-Otdet►s )NTRACT SUM TO DATE (I.Inc I ± 2) TAL COMPLETED & STORED TO DATE ,lurnn G on G703) TAM yAQE: % of Completed Work Columns D + E on G703) of Stored Material Column F on G703) 1 Retainage (Unc 52 + 5b or oral in Column I of G703) AL EARNED LESS RETAINAGE 4 Icss Unc 5 lbtal) VIA ARCIIITECI 1 FOR PAYMENT In connection with the Contract. cd. f 2,326,240.74 2 326,240 74 131,388.95 $ 13,138.90 f f S PREVIOUS CERTIFICATES FOR PAYMENT 6 from prior Certlflcatc) S ;RENT PAYMENT DUE ANCE TO FINISH, INCLUDING RETAIN E 3 Icss Linc G) ', 194 851.79 GE ORDER SUMMARY hangcs approved In tis months by Owner rovcd this Month TOTALS RANGES b Changc Ordcr 0 1 118,250.05 APPLICATION NO.: PERIOD TO: PROJECT NOS.: CONTRACT DATE: PAGES t.5 Distribution to: U OWNER ❑ ARCIIITECT 0 CONTRACTOR 0 11►e undersigned Contractor cern/Ica that to thc bcst of the Contractor's knowledge, mation and belief theWork covered by this Application for Payment has been coml Infos In cd accordancc with the Con,rart Docurnctus, that all amounts have beck' p by tthc Contractor for Vk,rk for which previous Certlflcatcs for Paymcnt were issued and pay- mcnts received from the Owner, 2nd that current paymcnt shown herein is now due_ CONTRACTOR: Statc of: County of: Subscribed and sworn to bcfoSE: mc this Y';`-'4- day of /2/?A/1/1...1.( Notary Public: My Commission ,txpl/s: '7/ OW ) 77 D1IC: My Comrnitsslon Expires 07/03/2 ARCHITECT'S CERTIFICATE FOR PAYMENT In accordance with thc Contract Documcnts, based on on-site observations and thc data comprising thls application, thc Architect certifies to the Owncr that to the bcst of the Architect's knowicdgc, Information and belief the Work has progrcsscd as Indicated, the quality of the Work Is fn accordancc with the Contract Documcnts, 2nd thc Contractor is entiticd to paymcnt of the AMOUNT CERTIFIED. AMOUNT CERTIFIED (Attach erplanatiorr If amount certified differs from the amount applied for. Initial all figures urs This Applications and on the Continuation Sheet that are changed to conform to the amount certified.) ANCI 1ITE(I: I1y: Date: This Certificate Is not negotiable. The AMOUNT CERTIFIED is payable only 10 Ole Con. tractor named herein. Issuance, payment and acceptance of paymcnt arc without prcludiee to any rights of the Owner or Contractor under 11115 Contract. IA DCCUUEur oro2 • APt.t.u.Allt)N AND CERTIFICATE IA )11 IAYAIENT • 1991 ElWIIIIN • AIA' • r ORK VENUE, NW, WMIIIN<i1UN, I)C 21X106 5292 • WARNING: Unlicensed photocopying 1 >I'1'JL • gill' AAll�l f ,:AN 1E11.11 laottIrlli IIP AIoI Tor to I al NEW tion P PY ny vlolate� I1 S. copyright Iowa and will .ubiccl the violator to lepd I,rusecutlun Y011 rllunlld tine en mlr11,101 AIA (income/II which 1109 11119 (Anthill printed In seri A„ (.11111"k'1 n•I'„l,,.., 11,,,1 i�i�•� .v 111 nnl ins ,I n . o1,1- I.. ,1 6702-1992 12/1.2/2000 15:59 970984 6 DR 12, LLC 0204 Atpinc Court Glenwood Spm, CO 81601 BILL TO W 13omaa P.O. Box 978 Avon, CO. 81620 DRT 2 PAGE 81 Invoice DATE INVOICE 0 11/1100 657 Post -le x No 7671 Date / J 9 1, PaJL4'a__. Canso Rauh From`Co.{Oepr. Ca. Pnone r Phone A DESCRIPTION Farr (j�} lj�j 414- /'� 1410 Fax# y7,(� A f A"T-1a1W Pape 1 P.O. NO. TERMS PROJECT Canso Rauh , ITEM DESCRIPTION ESt Amt Prior Amt Prior % QTY RATE Cur % Total % AMOUNT Item 1 Mobilization, mciading say and aII equipment nnceaaary to compkte project. 62,100.00 0.12335 62 ,100.00 123494 123496 7,660.00 Item 2 Grading & earthwork for toad construction 4r drainage including import or ..port of mtiat, clearing & grubbing.topsoil removal, aabgtada ecterificenon, complete & in 97,950.00 0.3 .950.00 30.00% 30.00% 29,385.00 Place Item 3 C3rading do earthwork ria' water tank base prep, including awing & grubbing. topsoil remove'..nbgrede scarification complete & in place 59,955.00 0 ,955.00 0.0094 0.0054 0.00 ham 4 3" Cine CX spbatit pavement, furniah.d & 88,567.50 0 735 0.00% 0.00% 0.00 Metalled complete & in place It= 5 Clea 6 ewe beef: ease 90,442.00 0 23.00 0.00% 0.00% 0.00 (r deep), a battling piecing & compaction complete k in Place Item 6 C1.otextite fabric for eta aepantLon, complete & in place 13,255.00 0 1.10 0.00% 0.0094 0.00 Item 7 Mountable, median type curb 8,943.75 0 13.25 0.00% 0.00% 0.00 & gutter, compete & et place Item 8 Cametrnctivn of 10' wide aroma toed to water t inclerling awe 6 AB.C..ubrada preparation. coMOec4 & in 21,326.50 97.5 65.62 30.00% 30.0095 6,397.95 Pie Thank you for your boeina.r. Total Pape 1 12/12/2000 15:59 970984 ; DRT 2 PAGE 02 DRT2, LLC 0204 Alpine Court Glenwood Spri , CO 81601 BILL TO Wintergreen Homes P.O. Box 978 Avtn, CO. 81620 Invoice DATE INVOICE s 11/1100 657 Page 2 P.O. NO. TERMS PROJECT Cease Ranch ITEM DESCRIPTION Eat Arri Prior Mit Prior % QTY RATE Curr % Total % AMOUNT item 9 Can rection of 5' deep drainage channel, excavation, complete & in pace 9,838.75 0 4.25 0.00% 0.00% 0.00 Item 10 Relocate existing irrigation ditch complete & in place 7,002.64 0 1.52 0.00% 0.00% 0.00 Ilam 11 Sod nailing wail, including any rock excavation or eatable material raaunv>ti and replecentent ae a prep, recomp ecrinn & =serials, complete & in place 51,000.00 0 34.00 0.00% 0.00% 0.00 Item 12 24" HDPE, Type 8 culvert, iurindtag material. excatvatlOrt, bedding, boclall & complete & in 9,570.00 0 .00 0.00:f. 0.00% 0.00 Place Itmu 13 Each 24" Band end iecticet far 1,980.00 0 220.00 0.00% 0.00% 0.00 IMPS Type 3 culvert, compieoe & in place. Item 14 49' x 33° CMP arch curved. 10,000.00 0 50.00 0.00% 0.00% 0.00 Mcluding autetird, excavation, bedding, beckflf & compaction~, complete & in Place Item 15 Foch concrete headwall far 49' x 33" CIS arch culvert complete & in place 30,000.00 0 7,500.00 0.00% 0.00% 0.00 Item 16 71" x 4T CMPA culvert. including on, compacted becJtn. complete 24,340,00 0 92.00 0.00% 0.00% 0.00 & in place. Thank you for baaiaew. your Tota I Page 2 12/12/2000 15:59 9709841 DRT2, LLC 0204 Alpine Court Glenwood Springy, CO 81601 BILL TO Winteig,te.ht Harries P.O. Box 978 Avon, CO. 81620 DRT 2 PAGE 03 Invoice DATE INVOICE* 11/1/00 657 Paye 3 P.O. NO. TERMS PROJECT Cerise Ranch ITEM DESCRIPTION Est Amt Prior Amt Prior % QTY RATE Cur % Taal 94 AMOUNT Item 17 Conczete culvert headwall for 36,000.00 0 9,000.00 0.0094 0.0044 0.00 71' x 47' CMPA culvert, incindieg excavttinn & baclfll. complete dt in place Item 18 24' D,I,P, , Clam 52 water main, including excavation, b comPn, tees, &tinge, plugs, thrust 24,000.00 0 80.00 0.0034 0.00% 0.00 Mocks, bands, tracer wire k testing, complete & m place Item 19 12" D.I_P. , Clime 52 water main, including excavation, bedding, bcompaction. tees , finings, plugs. thrust blocks, bends, trafiar wire & tcstbs& complete & in place 41,302.25 684.47167 32.65 54.11% 54.11% 2:,348.00 Iter 20 Each 12' gate valve, valve box. 5,200.00 2.66308 1,300.00 66.5844 66.58% 3,462.00 Sc appurtenances, complete & is place Item 21 10' D.I.P.., Cham 52 water main, inch4 excavation beddfaa & badtfll, compaction, tees , &nags, plugs, throat biosis, bends, tracer wire & testing, complete 14327930 674.07529 30.55 14.3756 14.37% 20,593.00 & in place Dern 22 Each 10" gate valve, valve box. 15,400.00 4.80273 1,100.00 34.3156 34.3196 S,283.00 & appurtenances, complete & is place Thank you for von/ bvaiaas. Total Paye 3 12/12/2000 15:59 970984; DRT2, LLC 0204 Alpine Court Glenwood Springs, CO 81601 BILL TO Wintergoseti Homes P.O. Box 978 kvon. CO. 81620 DRT 2 PAGE 04 Invoice OATS INVOICE* 11/1/00 657 Page 4 P.O. NO. TERMS PROJECT CeaaeRanch ITEM DESCRIPT1ON Est Amt Prior Amt Pilor % QTY RATE Curr 94 Total % AMOUNT Item 23 8' D.I.P. , anis 52 water mem, including etoavetion, bedding. b adtAIL compaction, tees, plugs, truth blocks. bends, tracer wire & teeing , oar:plate & in place. 80,967.60 744.97351 23.35 26.09% 26.09% 21,120.00 Ittan 24 Each 8" pee valve, valva box 8,000.00 3.0625 800.00 30.635L 30.6355 2,450.00 & apporterances, diets & in pia:u Items 25 6' D_I4. Cie 52 1.022.00 25.40117 25.55 63.50% 63.50% 649.00 , waist main, inctuding excavation. bedding beckffiL comps n, luta, fittings. plugs, thrust blocir& beads, tracer wits & testing. complete & in place Item 26 Each 6' g to valve, valve box 600.00 0 600.00 0.00% 0.00% 0.00 £ mat, complete & in glace /t.em 27 Each 1.0" water aerviice, including corporation stop, tian, ]]���� tti t -of valve, excavacomplete backlit "om mete 25,200.00 0 900,00 0.00% 0.00% 0.00 III pines Item 28 Each isle hydrant may, inchuting excavation. bedding, beck111, compaction. hydltaut 41,600.00 274308 2,600.00 17.14% 17,14% 7,132.00 6" auxiliary valve, tee, 6' hydroa. 6' D.I.P.. lateral pipe, palywrap. & thrust mss, complete & in place. Thank you for your business, Total Page 4 1 /1L/bbb 1J: 5y y(j d4 DRT2, LLC 0204 Alpine Court Glenwood Springs, CO R1601 BILL TO Wintergreen Homes P.O. Bax 978 Avon, CO. 81620 DRT 2 PAGE 05 Invoice DATE INVOICE 0 11/1100 657 Pape 5 P.O. NO. TERMS PROJECT Cerl.e Ranch ITEM DESCRIPTION Est Amt T Prior Mit Prior % QTY RATE Cur % Total % AMOUNT Item 29 Each Air -vie valve & vauh incindiag all valves, appurt:eaaaces, excev+rion. bacilli. & radian, complete & m place 18,000.00 0.13633 3.000.00 2.27% 2_27% 409.00 Item 30 Each incl nding 51.000.00 0 51.000.00 0.00% 0.00% 0.00 pamphou.e, site prep, excavation, compaction, rbanclation. structure, utilities. all maladie 8s instalbsion caplets & in pie Item 31 Purnphowee appurtenances, including site Prep. connectionsn. controls, waves. 25.198.00 0 25,198.00 0.00% 0.00% 0.00 PRP', Plumbin4 etc. convicts & in piece Item 32 Steel wear tend, 300,000 genona,,,Incteding backfill, covering tanX testing, etc. complete & m place 1137550.00 0 137550.00 0.00% 0.00% 0.00 ham 33 Water tank appurtenances including site preparation. ccaaections, controts, valvas, b'. Fig. etc. complete & in place. 16,000.00 0 16,000.00 0.0056 0.00% 0.00 Item 34 10' PVC , &sin from water tank, inctading excavation, bedding becifIL compaction. tees, fitting bet+t* pbugs, thrust ba ori s, restrained joints 2,200.00 0 22.00 0.00% 0.00% 0.00 (where necessary), complete & in place Thenk run for your business. Tota l Pape 5 12/12/2000 15:59 9709842 DRT2, LLC 0204 Akins Court Gli,nwood Springs, CO 81601 BILL TO W1rdergtemtantes P.O. Box 978 Avon, CO. 81620 DRT 2 PAGE 06 Invoice DATE INVOICE 11/1/00 657 Pape 6 P.O. NO. PROJECT 1tHMS Cerise Ranch ITEM DESCRIPTION Est Mt Prior Amt Prior % QTY RATE Cur % Total % AMOUNT Item 35 4' deep utility trench for electic, telephone, cable ds 59,663.25 0 6.75 0.00% 0.0094 0.00 Ss, conduit & warning tape ineoid>,tiaa in nt ity t=each a required by electric . telephone. cable & gar (fit & wising tape provided by ethers) including excsvatkin, bedding, bact.811 & compaction. complete & in place Item 36 10" panic iniggie a pipe (PIP) 12`870.00 0 13.00 0.00% 0.00% 0.00 , lOOpr+, including excavation. bedding. backfill & compaction. committee & in Pace Item 37 1r plastic inigstion pipe (PIP) , 100 poi including ccecsvad bedding.beckall & compaation, complete & in place 19,035.00 0 11.75 0.0044 0.00% 0.00 Item 38 Each PIP clematis, including. excevstion. bedding. Madill. 2,500.00 0 156.25 0.00% 0.0091 0.00 &appurtenances, complete & in plan Item 39 Each Dryad(. including excavation, bedding. baddill & compection, d appurtenance' complete & in place 5,000.00 0 5,000.00 0.00% 0.00% 0.00 Thank yon tar bneine:. your Total Pape 6 12/12/2000 15:59 970934 DRT2, LLC 0204 Alpine Court Glenwood Spray, CO 81601 BILL TO wjnteagrecn Homo; P.O. Box 973 Avant co. 81620 DRT 2 PAGE 07 Invoice DATE , INVOICE 11/1100 657 Page 7 P.O. NO. TERMS PROJECT Cerise Ranch ITEM DESCRIPTION Eat Arrt Prior Amt Prior % I QTY RATE Cur % Toted % AMOUNT Item 40 Each concrete intake structure including funtithing & installing wheel gate bet ectxa, concrete, stop block etc. also includes excavation, backfill & compaction. complete & is plate 13,710.00 0 4,570.00 0.00% 0.00% 0.00 Item 41 12 -par direct bury telemetry cable inatat1ed in own 36' deep trench. inulin all bactIIII, junction boxes, mad spportenancee complete & in 3,175.00 0 0.50 0.00'% 0.00% 0.00 P hear 42 Each electric transformer va /t/ manhole excsvetion, inducting placement await. beck. & ocutinctiort per each 15,400.00 0 550.00 0.00% 0.00% 0.00 HIGHWAY 82 LMPROV EMENT3 Item 43 25,000.00 0 25,000.00 0.00% 0.00% 0.00 Orating & e.erhwnst. for rod conaGcndion & dr insge improvements including import of export of materia(, cleating & grabbing topsoil Iemovfi, rib scarification, tursultable material removal, mplacen ernt, A rroomp.ction. coiupl,ete k in place Itch 44 NO BID 0 0.00 Thank you for your business. Total Page 7 i2./'InJbb 15: 5'j y /1842 DRT2, LLC 0204 Alpine Court Glenwood Siprg% CO 81601 BILL TO Wintergreen Homes F.O. Box 978 A.von CO. 81620 DRT 2 P.O. NO. PAGE 08 Invoice DATE 11/1/00 INVOICE * 657 TER AAS PROJECT cerise Ranch ITEM DESCRIPTION Item 45 4" Class IX eepjlailic psvement, 2" hi, > dlc:d. & metalled complete & in plan Item 46 Cie 6 essiggeta bees Comae (6„ deep) Mauling & placing & cion, complete & in pixy Item 47 Clam 1 aggregate base coupe, 47,216.00 (12" deep), mdodir g hauling, placing & competence', complete & m place Ilam 48 Extend 7 x 7 comma bar 11,400.00 culvert. mfg e, bed:B. &. compaction. complete & in placer Item 49 Guardrail , CDOT Type 3, & irtstalling complete & M plx s Earn 50 Remove & replace ut'811. 39, 600.00 CDOT Type 4, including fbeniehing & installing complete & m place Item 51 '� complete a3 4,400.00 in piece, pet CDOT rpaciffentione Traffic =MI per CBOT 14.000.00 rpeaticatioaut and notice to pmporty a'wr1e41, template & in place Est Ant Prior Amt 63,036.00 23,920.00 6,500.00 Item 52 Thant you far your baatace■. Prior % Peep. 8 RATE Cur% Total % AMOUNT 0 10.20 23.00 22.70 1,425.00 0 81.25 0 44.00 0 4,400.00 0 14,000.00 Total 0. 00% 0.00% 0.00% 0. 00% 0.00% 0.00% 0.00% 0.0096 0.0096 0.00% 0.00% 0.0051 0.00% 0.00% 0.00% 0.00% 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 12/12/2000 15:59 9709842 DRT2, LLC 0204 Alpine Court Glcnwood Springy, CO 81601 BILL TO Wintergreen Mlles P.O. Box 978 Avon, CO. 81620 DRT 2 PAGE 09 Invoice DATE INVOICE % 1(1100 657 Papa 9 P.O. NO. TERMS PROJECT Cerise Ranch T ITEM DESCRIPTKiIJ Est Amt Prior Arnt Prior % QTY RATE Curr 14 Total % AMOUNT Item 53 Conn of amegancy aocasa road across median including Clam ^ JtB.C., earthwork. dratnses improvements. scarification. & compaction convicts & in phice 3,000.00 0 3,000.00 0.0Q%4 0.00% 0.00 Item 54 Each Class I ground sign installation. cosutrncuad according to Colorado Division of Ifigharsys 3-3tandarde , complete & m place 1,200.00 0 300.00 0.00% 0.00% 0.00 Item 55 Each enaget y breakaway gots, inclading farniabing le inking as materials complete 2,000.00 0 2,000.00 0.00% 0.00% 0.00 & in place per each Item 56 Revegstadon £ landscaping of an stew diatarbed by conatructioa, including establishing annual !tram growth, erosion control baton vegetation is eatsbtistied oo®piate & in piece 7,000.00 0 7,000.00 0.0054 0.00!4 0.00 Itmi 57 Each Clan I ground age installation. constructed according to Colorado Division of ffighways 3-3landda , conzpiats dr in place 5.700.00 0 300.00 0.00% 0.0054 0.00 Thank you Ear your butinaut. Total Papa 9 , 12/12/2000 15:59 9709842 DRT2, LLC 0204 Alpin Court Glenwood Springs, CO 81501 BILL TO Wftna vert HOmes P.O. Box 978 Avon, CO. 81630 DRT 2 PAGE 10 Invoice DATE INVOICE 1 1111/00 657 Pse 10 P.O. NO. TERMS PROJECT Cense Ranch ITEM DESCRIPTION Est Avast Prior Amt Prior % QTY IRATE Cur % Total % AMOUNT Item 58 Erosion & sedinmzY control, including NIMES Posit & other Sutures necessary to control erosion during ccmitiw.tiaa activities, drat combo/ (Zen) tolerance), also iaciuding t7 On & and all/ mtrerieie dt equipment, castrate & in place r 15,000.00 0.3 15,000.00 30.00% 30.00% 4,500.00 I Item 59 Diversion &lc exiting csaek 11,000.00 0 11,000.00 0.00% 0.00% 0.00 (mirth , including excavation, backfill, watimd canaria, box culvert fotatdatiou. & weir , complete & is place Item 60 Fencing ail wedande to eliminate distmtiaen daring construction (type to be approved by seghaear ) 3,000.00 0 3,000.00 0.00% 0.00% 0.00 Including niahmg & instal i & in , comp/ea plan & removal sitar construction Item 61 Topsoil amusement including mocxvrtn4 dieting, stroc & rePlac complete & m pian 55,200.00 0 $.5,200.00 0.00% 0.005 0.00 Item 63 Excavation,including, shaping. hauling, dewatsaing, etc complete de in Placa 619200.00 0 614200.00 0.00% 0.00% 0.00 Thank you for your business. Total Pse 10 i'L/ lL/'_btJO 15: 59 9 70984' DRT2, LLC 0204 Alpin Court Glenwood Spins, CO 81601 BILL TO lilintergreen Homes P.O. Bax 978 Avon, CO. 81620 DRT 2 P.O. NO. PAGE 11 Invoice DATE 1111/00 INVOICE* 657 TERMS PROJECT Page 11 AMOUNT 0.00 0.00 0.00 0.00 1,358.93 ITEM DESCRIPTION Est Amt Prior Amt Prior % QTY RATE Curr % Totes % Item 63 Bart 64 Item 65 Item 66 Revegittation sed Intulaciaping around disturbed rare= of lake, inch:sling establishing annual moa 8,000.00 1,400.00 7,590.00 7590.00 0 0 0 0 8,000.00 14.00 11.00 11.00 0.00% 0.00% 0.00% 0.0096 0.00% 0.00% 0.00% 0.00% grams growth, cotrtrot before vegetation is complete do in pia EXCavation for tutanotabie matat* tncundt removal & diapoeMg of oasvitabLe nuitalal & replacing with comFecisd Clams 3 aggregate bust comae, contrasts & in place 1.25' Pune Core tubing including exceysion. bedding. beckfill. completion. tom valves, spa, county to cdsting raping dt to meting honer, complete &int. 1.5' Et0 psi polyethylene pipe, including excavation, bedding, back= compaction. tees, valves, tasting, connections to existing spring & to audatbig house ikon system. complete £ in place. Thank you for your baaraeee. - Total 313 Page 11 AMOUNT 0.00 0.00 0.00 0.00 1,358.93 . rt'L IUAI ION AND CERTIFICATE FOR PAYMENT AIA DOCUML TO OWNER: NT C;702 (Instructions ( tfl rcvcrsc sick) PAGE ()NE OF PAGES PROJECT: Cerise Ranch -Phase I Wintergreen Homes P.O. Box 1530 Avon, CO. 81620 FROM CONTRACTOR: 2ONTRACT FOR: DRT2, LLC 0204 Alpine Court Glenwood Springs, CO. 81601 • VIA ARCHITECT: APPLICATION NO.: 2 PERIOD TO: 11/1_1 PROJECT- NOS.: 11/30 CONTRACT DATE: 11/9/00 Distribution to: ❑ OWNER ❑ ARCHITECT 0 CONTRACTOR 3ONTRACTOR'S APPLICATION FOR PAYMENT ,ppllcation is made for payment as shown below, In connection with the Contract. :ontinuation Sheet, AIA Document G703, is attached. . ORIGINAL CONTRACT SUM . Plat r..hangeby_Change_Ordeta • CONTRACT SUM TO DATE (LInc I ± 2) . TOTAL COMPLETED & STORED TO DATE (Column G on G703) RETAINAGE: a. -__L% of Completed Work (Columns D + E on G703) b. % of Stored Material f (Column F on G703) Tbta1 Retainage (Linc 52 4- 5b or Total in Column I of G703) $ f $ $ 5 2,058,720.74 - 14,850.00 2',043,870.74 ft,:17 376,511.15 11►c undcrsigncd Contractor certifies that to thc best of thc Contractor's knowledge, Infor- mation and belief the Work covered by this Application for Paymcnt has been completed In accordance with the Contract Documents, that all amounts have been paid by the Contractor for Work for which previous Certificates for Paymcnt wcrc issued and pay- mcnts received from thc Owncr, and that current payment shown hcrcln is now due CONTRACTOR: f 37,651.12 TOTAL EARNED LESS RETAINAGE (Line 4 less Line 5 Tbtal) s 338,860.03 LESS PREVIOUS CERTIFICATES FOR PAYMENT 118, 250.05 (Linc 6 from prior Certificate) s CURRENT PAYMENT DUE BALANCE TO FINISH, INCLUDING RETAINAGE (Linc 3 Icss Linc 6) $ s 220,609.98 •IANGE ORDER SUMMARY )(al changes approved in cvious months by Owncr ,131 approved this Month TOTALS iT CHANGES by Change Ordcr ADDITIONS DEDUCTIONS State of: �c7(O/-C2G/ County of: 6-10,-e./0/ Subscribed and sworn to bcfo . mc this 5r- day of Notary Public: My Commission :txp4 S: Date• JACQUELINE S. DORITY NOTARY PUBLIC 22o STATE OF COLORADO My Commission Expirlut: O6t110004 ARCHITECT'S CERTIFICA E OR PAYMENT In accordance with the Contract Documents, based on on-site obscrvatIons and the data comprising this applIcatIon, the Architect ccrlifics to thc Owncr that to thc best of the Architect's knowledge, information and bcllcf thc Work has progrcsscd as Indicated, the quality of thc Vck)rk is in accordancc with thc Contract Documcnts, and thc Contractor is entitled to payment of the AMOUNT CERTIFIED. AMOUNT CERTIFIED 1 (Attach explanation if amount certified differs from the amount applied for. Initial all figures on this Application and on the Continuation Sheet that are changed to conform to the amount certified.) ARC114 FE( l 14 y: Date: This Certificate is not negotiable. •rhe AMOUNT CERTIFIED is payable only to the Con tractor named hcrcln. Issuance. payment and acceptance of payment arc without prejudice to any rights of the Owner or Contractor undo this Contract. AIA IK)CULI[HT 0702 • Ar: (.ICAI ION ANI) CERTIFICATE FUli hM'AIENI• • I'M 11)1114 r0 • AIA' • (Frit • '1 I11 AAII III( Al) 1)4%1111111 (1F Al(.111 I I 1:1', lit•, 111:W YOIIK AVENUE. N W., WAST TING UN 1IC. 2()00 6.$292 • WARNING: Unlicensed photocopying vtolelee U.S. copyrlphl Iowa anal will aublect the violator to I•,pd pru.acullon Yuu uhnllld uee on or lrllnnl AIA ttrrcunicrri which 11114 11114 Cnutlon brinier In rr•rl I\rl e“h:IniJ n•r•uur•4 ll.r 1. ,�n1r •� ,•rill ural I�� 1.. G702-1992 DRT2, LLC 0204 Alpine Court Glenwood Springs, CO 81601 CUSTOMER Wintergreen Homes P.O. Box 978 Avon, CO. 81620 Credit Memo DATE CREDIT NO. 11/27/00 694 P.O. NO. PROJECT Cerise Ranch DESCRIPTION QTY RATE AMOUNT For CTL contract, Line Item #1 -1 14,850.00 -14,850.00 Thank you for your business. Total s-14,850.00 -DRT2, LLC 0204 Alpine Court Glenwood Springs, CO 81601 BILL TO Wintergreen Homes P.O. Box 978 Avon, CO. 81620 Invoice DATE INVOICE # 11/28/00 692 Page 1 P.O. NO. TERMS PROJECT Cerise Ranch ITEM DESCRIPTION Est Amt Prior Amt Prior % QTY RATE Curr % Total % AMOUNT Item 1 Mobilization, including any and all equipment necessary to complete project, 62,100.00 7,660.00 12.34% 0.00242 *********" 12.58% 24.91% 7,810.00 Item 2 Grading & earthwork for road construction & drainage improvements, including import or export of material, clearing & grubbing, topsoil removal, subgrade scarification, complete & in place 97,950.00 29,385.00 30.00% 0.2 97,950.00 20.00% 50.00% 19,590.00 Item 3 Grading & earthwork for water tank base prep, including clearing & grabbing topsoil removal, subgrade scarification complete & in place 59,955.00 0.1768 59,955.00 17.68% 17.68% 10,600.00 Item 4 3" Class CX asphaltic pavement, furnished & installed complete & in place 88,567.50 0 7.35 0.00% 0.00% 0.00 Item 5 Class 6 aggregate base course 90,942.00 0 23.00 0.00% 0.00% 0.00 (8" deep), including furnishing, hauling , placing & compaction, complete & in place Item 6 Geotextlle fabric for aggregate separation, complete & m place 13,255.00 1,000 1.10 8.30% 8.30% 1,100.00 Item 7 Mountable, median type curb 8,943.75 0 13.25 0.00% 0.00% 0.00 & gutter, complete & in place Item 8 Construction of 10' wide access road to water tank, including 21,326.50 6,397.95 30.00% 227.5 65.62 70.00% 100.00% 14,928.55 Class 6 A.B.C. subgrade preparation, complete & in place Thank you for your business. Total Page 1 - DRT2, LLC 0204 Alpine Court Glenwood Springs, CO 81601 BILL TO Wintergreen Homes P.O. Box 978 Avon, CO. 81620 Invoice DATE INVOICE # 11/28/00 692 Page 2 P.O. NO. TERMS PROJECT Cerise Ranch ITEM DESCRIPTION Est Amt Prior Amt Prior % QTY RATE Curr % Total % AMOUNT Item 9 Item 10 Item 11 Item 12 Item 13 Item 14 Item 15 Item 16 Construction of 5' deep drainage channel, excavation, complete & in place Relocate existing irrigation ditch, complete & in place Soil nailing wall, including any rock excavation or unsuitable material removal and replacement, site prep, recompaction & materials, complete & in place 24" HDPE, Type S culvert, including material, excavation, bedding backfill & compaction, complete & in place Each 24" flared end section for HDPE Type S culvert, complete & in place. 49" x 33" CMP arch curvert, including material, excavation, bedding backfill & compaction, complete & in place Each concrete headwall for 49" x 33" CMP arch culvert complete & in place 71" x 47" CMPA culvert, including excavation, bedding, compacted backfill complete & in place. 9,838.75 7,002.64 51,000.00 9,570.00 1,980.00 10,000.00 30,000.00 24,840.00 0 4,000 294.11765 0 0 0 0 0 4.25 1.52 34.00 29.00 220.00 50.00 7,500.00 92.00 0.00% 86.82% 19.61% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 86.82% 19.61% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00 6,080.00 10,000.00 0.00 0.00 0.00 0.00 0.00 Thank you for your business. Total Page 2 DRT2, LLC 0204 Alpine Court Glenwood Springs, CO 81601 BILL TO Wintergreen Homes P.O. Box 978 Avon, CO. 81620 Invoice DATE INVOICE* 11/28/00 692 P.O. NO. TERMS PROJECT Cerise Ranch ITEM DESCRIPTION Est Amt PriorAmt Prior % QTY RATE Curr % Total % AMOUNT Item 17 Item 18 Concrete culvert headwall for 71" x 47" CMPA culvert, including concrete, reinforcement, excavation & backfill complete & in place 24" D,I,P, , Class 52 water main, including excavation, bedding bn'kfill complaction, 36,000.00 24,000.00 0 0 9,000.00 80.00 0.00% 0.00% 0.00% 0.00% 0.00 0.00 Item 19 tees, fittings, plugs, thrust blocks, bends, tracer wire & testing. complete & in place 12" D.I.P. , Class 52 water main, including excavation, bedding, barkfill compaction, 41,302.25 22,348.00 54.11% 0 32.65 0.00% 54.11% 0.00 Item 20 Item 21 Item 22 tees , fittings, plugs, thrust blocks, bends, tracer wire & testing. complete & in place Each 12" gate valve, valve box, & appurtenances, complete & in place 10" D.I.P.., Class 52 water main, including excavation, bedding & backfill, compaction, tees fittings, plugs, thrust blocks, bends, tracer wire & testing, complete & in place Each 10" gate valve, valve box, & appurtenances, complete & in place 5,200.00 143279.50 15,400.00 3,462.00 20,593.00 5,283.00 66.58% 14.37% 34.31% 0.63855 962.80851 1.63636 1,300.00 30.55 1,100.00 15.96% 20.53% 11.69% 82.54% 34.90% 45.99% 830.12 29,413.80 1,800.00 Thank you for your business. Total Page 3 DRT2, LLC 0204 Alpine Court Glenwood Springs, CO 81601 BILL TO Wintergreen Homes P.O. Box 978 Avon, CO. 81620 Invoice DATE INVOICE # 11/28/00 692 Page 4 P.O. NO. TERMS PROJECT Cerise Ranch ITEM DESCRIPTION Est Amt Prior Amt Prior % QTY RATE Curr % Total % AMOUNT Item 23 8" D.I.P. , Class 52 water main, including excavation, bedding, barkfi11 compaction, tees, fittings, plugs, thrush blocks, bends, tracer wire & testing , complete & in place. 80,967.60 21,120.00 26.09% 1159.14815 28.35 40.59% 66.67% 32,861.85 Item 24 Each 8" gate valve, valve box 8,000.00 2,450.00 30.63% 1.9125 800.00 19.13% 49.75% 1,530.00 & appurtenances, complete & in place Item 25 6" D.I.P. , Class 52 water main, including excavation, bedding, barkfill compaction, tees, 1,022.00 649.00 63.50% 0 25.55 0.00% 63.50% 0.00 fittings, plugs, thrust blocks, bends, tracer wire & testing. complete & in place Item 26 Each 6" gate valve, valve box 600.00 0 600.00 0.00% 0.00% 0.00 & appurtenances, complete & in place Item 27 Each 1.0" water service, including corporation stop, shut-off valve, excavation, backfill compaction, complete 25,200.00 23 900.00 82.14% 82.14% 20,700.00 & in place Item 28 Each fire hydrant assembly, including excavation, bedding, barkfhl compaction, hydrant 41,600.00 7,132.00 17.14% 3.38462 2156.81524 17.55% 34.69% 7,300.00 6" auxiliary valve, tee, 6" hydrant, 6" D.I.P.. lateral pipe, polywrap, & thrust blocks, complete & in place. Thank you for your business. Total Page 4 DRT2, LLC 0204 Alpine Court Glenwood Springs, CO 81601 BILL TO Wintergreen Homes P.O. Box 978 Avon, CO. 81620 Invoice DATE INVOICE # 11/28/00 692 Page 5 P.O. NO. TERMS PROJECT Cerise Ranch ITEM DESCRIPTION Est Amt Prior Amt Prior % QTY RATE Curr % Total % AMOUNT Item 29 Each Air -vac valve & vault including all valves, appurtenances, excavation, backfill & compaction, 18,000.00 409.00 2.27% 0 3,000.00 0.00% 2.27% 0.00 complete & in place Item 30 Each pumphouse, including site prep, excavation, compaction, foundation, structure, utilities, all materials 51,000.00 0 51,000.00 0.00% 0.00% 0.00 & installation complete & in place Item 31 Pumphouse appurtenances, including site prep, connections, controls, valves, gauges, plumbing, etc. complete & in place 25,198.00 0 25,198.00 0.00% 0.00% 0.00 Item 32 Steel water tand, 300,000 gallons„including backfill covering tank. testing, etc. complete & in place 137550.00 0 137550.00 0.00% 0.00% 0.00 Item 33 Water tank appurtenances including site preparation, connection, controls, valves, gauges, plumbing etc. complete & in place. 16,000.00 0 16,000.00 0.00% 0.00% 0.00 Item 34 10" PVC , drain from water tank, including excavation, bedding, backfin compaction, tees, fittings, bends, pings, thrust blocks, restrained joints 2,200.00 0 22.00 0.00% 0.00% 0.00 (where necessary), complete & in place Thank you for your business. Total Page 5 DRT2, LLC 0204 Alpine Court Glenwood Springs, CO 81601 BILL TO Wintergreen Homes P.O. Box 978 Avon. CO. 81620 ITEM Item 35 Item 36 Item 37 Item 38 Item 39 DESCRIPTION 4' deep utility trench for electric, telephone, cable & gas, conduit & warning tape installation in utility trench as required by electric , telephone, cable & gas (conduit & waring tape provided by others) including excavation, bedding, backfill & compaction, complete & in place 10" plastic irrigation pipe (PIP) , 100psi, including excavation, bedding, backfill & compaction, complete & in place 8" plastic irrigation pipe (PIP) , 100 psi, including excavation, bedding, backfill & compaction, complete & in place Each PIP cleanouts, including, excavation, bedding, backfill, compaction & appurtenances, complete & in place Each Drywell, including excavation, bedding, backfill & compaction, & appurtenances complete & in place Thank you for your business. Est Mit Prior Am 59,663.25 12,870.00 19,035.00 2,500.00 5,000.00 Invoice DATE INVOICE # 11/28/00 692 P.O. NO. TERMS PROJECT Cerise Ranch Prior % QTY RATE Curr % Total % AMOUNT 0 6.75 0.00% 0.00% 0.00 0 13.00 0.00% 0.00% 0.00 145.98979 11.75 9.01% 9.01% 1,715.38 0 156.25 0.00% 0.00% 0.00 0 5,000.00 0.00% 0.00% 0.00 Total Page 6 DRT2, LLC 0204 Alpine Court Glenwood Springs, CO 81601 BILL TO Wintergreen Homes P.O. Box 978 Avon, CO. 81620 Invoice DATE INVOICE # 11/28/00 692 Page 7 P.O. NO. TERMS PROJECT Cerise Ranch ITEM DESCRIPTION Est Amt Prior Amt Prior % QTY RATE Curr % Total % AMOUNT Item 40 Each concrete intake structure including furnishing & installing wheel gate, bar screen, concrete, stop blocks, etc. also includes excavation, backfill & compaction, complete & in place 13,710.00 0 4,570.00 0.00% 0.00% 0.00 Item 41 12 -pair direct bury telemetry cable installed in own 36" deep trench, including all excavation, bsekfill splices, junction boxes, and appurtenances complete & in place 3,175.00 0 0.50 0.00% 0.00% 0.00 Item 42 Each electric transformer vault/ manhole excavation, including placement of vault, bsdkfill, & compaction per each 15,400.00 0 550.00 0.00% 0.00% 0.00 HIGHWAY 82 IMPROVEMENTS Item 43 Grading & earchwork for road construction & drainage improvements including import or export of material, clearing & grubbing, topsoil removal, subgrade scarification, unsuitable material removal, replacement, & recompaction, complete & in place 25,000.00 0 25,000.00 0.00% 0.00% 0.00 Item 44 NO BID 0 0.00 Thank you for your business. Total Page 7 DRT2, LLC 0204 Alpine Court Glenwood Springs, CO 81601 BILL TO Wintergreen Homes P.O. Box 978 Avon, CO. 81620 Invoice DATE INVOICE # 11/28/00 692 Page 8 P.O. NO. TERMS PROJECT Cerise Ranch ITEM DESCRIPTION Est Amt Prior Amt Prior % QTY RATE Curr % Total % AMOUNT Item 45 Item 46 Item 47 Item 48 Item 49 Item 50 Item 51 Item 52 4" Class CX asphaltic pavement, 2" lifts, furnishced & installed complete & in place Class 6 aggregate base course (6" deep) including furnishing. hauling / AAcing & compaction, complete & in place Class 1 aggregate base course, (12" deep), including furnishing, hauling, placing & compaction., complete & in place Extend T x T concrete box culvert, including, excavation, bedding, backfill & compaction, complete & in place Guardrail , CDOT Type 3, including fiuni.shing. & installing complete & in place Remove & replace gurardrail, CDOT Type 4, including furnishing & installing complete & in place Pavement striping, complete & in place, per CDOT specifications Traffic control per CDOT specifications, and notice to property owners, complete & in place 63,036.00 23,920.00 47,216.00 11,400.00 6,500.00 39,600.00 4,400.00 14,000.00 0 0 0 0 0 0 0 0 10.20 23.00 22.70 1,425.00 81.25 44.00 4,400.00 14,000.00 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00/ 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Thank you for your business. Total Page 8 DRT2, LLC 0204 Alpine Court Glenwood Springs, CO 81601 BILL TO Wintergreen Homes P.O. Box 978 Avon, CO. 81620 Invoice DATE INVOICE* 11/28/00 692 Page 9 P.O. NO. TERMS PROJECT Cerise Ranch ITEM DESCRIPTION Est Amt Prior Amt Prior % QTY RATE Curr % Total % AMOUNT Item 53 Item 54 Item 55 Item 56 Item 57 Construction of emergency access road across median including Class A A.B.C., grading earthwork, drainage improvements, scarification, & compaction complete & in place Each Class I ground sign installation, constructed according to Colorado Division of Highways S-Standsrds , complete & in place Each emergency breakaway gate, including furnishing & installing all materials complete & in place per each Revegetation & landscaping of all areas disturbed by construction, including establishing annual grass growth, erosion control before vegetation is established complete & in place Each Class I ground sign installation, constructed according to Colorado Division of Highways 8 -Standards , complete & in place 3,000.00 1,200.00 2,000.00 7,000.00 5,700.00 0 0 0 0 0 3,000.00 300.00 2,000.00 7,000.00 300.00 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00 0.00 0.00 0.00 0.00 Thank you for your business. Total Page 9 DRT2, LLC 0204 Alpine Court Glenwood Springs, CO 81601 BILL TO Wintergreen Homes P.O. Box 978 Avon, CO. 81620 Invoice DATE INVOICE # 11/28/00 692 Page 10 P.O. NO. TERMS PROJECT Cerise Ranch ITEM DESCRIPTION Est Amt Prior Arnt Prior % QTY RATE Curr % Total % AMOUNT Item 58 Erosion & sediment control, including NPDES Permit & other features necessary to control erosion during constriction activities, dust control (zero tolerance), also including excavation & backfill and all necessary materials & equipment, complete & in place 15,000.00 4,500.00 30.00% 0.45 15,000.00 45.00% 75.00% 6,750.00 Item 59 Diversion for existing creek (north spring), including excavation, bsickfill wetland concerns, box culvert, foundation, & weir , complete 11,000.00 0 11,000.00 0.00% 0.00% 0.00 & in place Item 60 Fencing all wetlands to eliminate disturbance during construction (type to be approved by engineer ) including fimiishing & installing , complete & in place 3,000.00 1 3,000.00 100.00% 100.00% 3,000.00 & removal after construction Item 61 Topsoil management including excavaton, cleazmg, stockpiling, & replacing. complete & in place 15,000.00 0 15,000.00 0.00% 0.00% 0.00 Item 62 Excavation, including, shaping hauling, dewatering, etc complete & in place 138225.00 24,250 2.85 50.00% 50.00% 69,112.50 Item 62A 30 Mill Pond liner 177100.00 0 0.70 0.00% 0.00% 0.00 Item 62B Placement of Topsoil on proposed beans 30,000.00 0 30,000.00 0.00% 0.00% 0.00 Thank you for your business Total Page 10 • DRT2, LLC 0204 Alpine Court Glenwood Springs, CO 81601 BILL TO Wintergreen Homes P.O. Box 978 Avon, CO. 81620 Invoice DATE INVOICE # 11/2.8/00 692 Page 11 P.O. NO. TERMS PROJECT Cerise Ranch ITEM DESCRIPTION Est Amt Prior Amt Prior % QTY RATE Curr % Total % AMOUNT Item 63 Item 64 Item 65 Item 66 Revegetation and landscaping around disturbed areas of lake, including establishing annual grass growth, erosion control before vegetation is established, complete & in place Excavation for unsuitable material, including removal & disposing of unsuitable material & replacing with compacted Class 3 aggregate base course, complete & in place 1.25" Pure Core tubing. including excavaton, bedding, backfill, compaction, tees, fittings, valves, testing, connectional to existing spring & to existing house, complete & in place 1.5" 80 psi polyethylene pipe, including excavation, bedding, backfill compaction, tees, 8,000.00 1,100.00 7,590.00 7,590.00 0 0 0 0 8,000.00 11.00 11.00 11.00 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00 " 0.00 0.00 0.00 fittings, valves, testing, connections to existing spring & to existing house irrigation system, complete & in place. Thank you for your business. Total S245,122.20 Page 11 DRT2, LLC 0204 Alpine Court Glenwood Springs, CO 81601 BILL TO Wintergreen Homes P.O. Box 1530 Avon, CO. 81620 Invoice DATE INVOICE # 11/30/00 693 P.O. NO. TERMS PROJECT Cerise Ranch Extras DESCRIPTION QTY RATE AMOUNT 790 LF of 10" Water stabilization on Larkspur 790 5.00 3,950.00 4 Rolls of Fabric, Dodson 1 1,352.00 1,352.00 Pipe under pipe 3' 11/6/00 100 LF 11/7/00 2OLF 11/9/00 140 LF 11/10/00 100 LF 11/14/00 20 LF 11/16/00 140 LF 520 LF = 232 CY 232 14.00 3,248.00 Pipe Over 3' 11/9/00 80 LF 11/10/00 100 LF 11/14/00 70 LF 11/16/00 140 LF 390 LF = 174 CY 174 11.00 1,914.00 Thank you for your business. Total 510,464.00 e GROSS . SPG24 r �., S S O'6O November 16, 2000 Mr. Dale Hope Wintergreen Homes P.O. Box 1530 Avon, CO 81 620 Re: Cerise Ranch Dear Dale: 3799 HIGHWAY 82 • P.O. DRAWER 2150 GLENWOOD SPRINGS, COLORADO 81602 (970) 945-5491 • FAX (970) 945-4081 Total estimated cost of underground construction $242,000.00 Construction deposit consisting of equivalent overhead credits (refundable) $150,000.00 Contribution in aid of construction (nonrecoverable) 92,000.00 Total payment required before starting work on the project $242,000.00 The above figures are only estimates. After the job has been completed, the actual cost of construction will be determined. Your contribution and deposit will be adjusted to reflect the actual cost by making a refund or further assessment. Execution of this document constitutes agreement to pay any further assessment in a timely manner. Adjusted construction deposits are available for refund over a ten year period as specified by Holy Cross Energy's Line Extension Policy. Our power facilities must be installed on an easement. Please execute and return the enclosed document. The following conditions are hereby noted: 1. Lot corners or other locations will be provided by the developer as needed to ensure that our facilities are installed as shown on the attached sketch. 2. Holy Cross Energy has implemented a policy which requires that project owners provide all excavation, backfill, compaction and cleanup needed for installation of the underground power system extension to serve their new development. The owner must also set all vaults and install all conduits as specified by Holy Cross Energy's design for the project and the enclosed construction specifications. Holy Cross Energy will supply all material which can be picked up by the owner at the appropriate storage yard. The cost of this material is included in the job cost estimate. The attached Trench Agreement must be properly executed and returned prior to the start of excavation. 3. Secondary voltage available will be 1 20/240, single-phase for the lot. 4. Secondary voltage available will be 480Y/277, three-phase for the two pumps Dale Hope November 16, 2000 Page Two 5. Secondary voltage will be made available at a pad -mounted transformer located within a reasonable distance of each lot. It will be the lot owner's responsibility to extend underground secondary entrance conductors from the point of power usage to the designated transformer. When reaching the designated transformer involves a road crossing, a conduit will be installed during construction of the primary voltage system. It will be the lot owner's responsibility to maintain the conduit(s) associated with his lot. 6. It shall be the consumer's responsibility to protect their electric equipment from temporary over voltage or under voltage situations resulting from causes beyond the control of Holy Cross Energy. 7. We attempt to complete all projects in a timely manner. However, highest priority is given to maintaining service to our existing consumers. This fact, along with inevitable construction delays, will not allow us to guarantee a project completion date. 8. All Holy Cross Energy rules and regulations will be followed. When Holy Cross Energy is in receipt of your check in the amount of $242,000.00, all necessary executed easements, other permits, if required, a completed "Application For Electric Service" form, the executed trench agreement, and the signed original of this letter agreement (below), the job can be scheduled for construction. If you have any questions, please contact me. Sincerely, HOLY CROSS ► ERGY effrey A Staking ng mer jAF:vw Enclosure W/O#00-1 7275:66-40:Cerise Ranch Franke\Hope2 The above terms and conditions are h eby agreed to and .ccepted Date: 54 52 51 53 50 49 /48 EXHIBIT A CERISE RANCH T.7S, R.87W, SEC.32&33 LOC. 66-40 W/0 17275 47 45 44 43 42 6 67 68 41 40 39 38 37 36 35 34 33 32 31 8 415 29 DAKOTA COURT .4334 LEGEND O 0 Proposed 1 Phos UG Tronsformer Proposed 3 Phase UG Transformer Proposed UG Largo Vault OProposed UG Small Noah • Proposed OH Pd. UG LJns IED VALLEY iCt%PO RAN OIS1- T TRENCH, CONDUIT, AND VAULT AGREEMENT This agreement is made and entered into this day of between CERISE RANCH LLC, A COLORADO LIMITED LIABILITY COMPANY, whose mailing address is 150 South Dahlia Street, Denver, Colorado 80246, hereinafter called "Owner", and Holy Cross Energy, a Colorado corporation whose mailing address is P. O. Drawer 21 50, Glenwood Springs, Colorado 81602, a Colorado Corporation, hereafter called "Holy Cross". WHEREAS, Holy Cross has been requested by the Owner to provide underground electric service within an easement traversing certain real property described as follows: a parcel of land situated in Sections 32 and 33, Township 7 South, Range 87 West of the 6' P.M. as more fully described in book 1209, at pages 872 and 888 of the Garfield County Courthouse, Glenwood Springs, Colorado; and WHEREAS, installation of such underground electric service will require trench and other excavations both within and outside of the above described project property; and WHEREAS, the Owner is required to provide all excavation, conduit and vault installation, backfill, compaction and cleanup needed to construct the required underground electric facilities. NOW THEREFORE, the Owner and Holy Cross agree as follows: 1. The Owner shall provide all excavation, conduit and vault installation, backfill, compaction and cleanup necessary for installation of underground electric service to the above mentioned project. Such excavation shall be located as shown on the construction drawing and performed as specified by Holy Cross. a. All excavation, both within and outside the above described project property, shall be within dedicated or conveyed and recorded utility easements. The top of all power facilities, excluding vaults, will be installed 48" below final grade. b. Holy Cross will supply the necessary conduit and vaults for installation by the Owner upon completion of contractual arrangements. Owner assumes responsibility for all material lost or damaged after such material has been issued to and signed for by Owner. Alternatively, Owner may provide its' own conduit and vaults meeting Holy Cross specifications for use on the project. After installation by the Owner, Holy Cross shall continue as the owner of the conduit, vaults and related structures and facilities. c. In the event that conduits or any other installation provided by Owner are found to be unusable or improperly constructed, irrespective of whether such discovery is made during or after installation, Owner will be responsible for correcting said problems at its expense as specified by Holy Cross and Owner shall reimburse Holy Cross for all additional costs resulting from said conduits or other installation being unusable or improperly constructed. 2. Despite the fact that Holy Cross reserves the right to specify acceptable excavation, the Owner shall perform work hereunder as an independent contractor, including, but not limited to, the hiring and firing of its own employees, providing its own tools and equipment, payment of all wages, taxes, insurance, employee withholdings, and fees connected with its work on the project. 3. The Owner shall obtain all necessary digging permits and utility locations prior to excavation. The Owner shall repair all damage caused during excavation promptly and at its expense. No excavation will be undertaken within five (5) feet of existing underground power lines except under the on site supervision of a qualified Holy Cross employee. 4. The Owner shall indemnify, save, and hold harmless Holy Cross, its employees and agents, against any and all loss, liability, claims, expense, suits, causes of action, or judgments for damages to property or injury or death to persons that may arise out of work performed hereunder. The Owner shall promptly defend Holy Cross whenever legal proceedings of any kind are brought against it arising out of work performed hereunder. In the event Owner shall fail to promptly defend Holy Cross, it shall be liable to Holy Cross, and shall reimburse it, for all costs, expenses and attorney fees incurred in defending any such legal proceeding. The Owner agrees to satisfy, pay, and discharge any and all judgments and fines rendered against Holy Cross arising out of any such proceedings. The above indemnification clause shall not apply to state and local governments or local service districts. In lieu thereof, whenever the Owner is a government or district it shall procure and maintain in effect at least Si ,000,000 of public liability insurance covering the acts, damages and expenses described in the above indemnification clause. Upon Holy Cross' request, such an Owner shall furnish a Certificate of Insurance verifying the existence of such insurance coverage. 5. The Owner shall repair any excavation settlement and damage to asphalt paving or other surface improvements caused by such settlement resulting from work performed hereunder, both within and outside the above described project property, for a period of two (2) years from the date backfill and cleanup are completed. 6. In the event the Owner shall not promptly complete all of the obligations hereinabove agreed to be performed by Owner, Holy Cross may give written notice by registered or certified mail demanding Owner to complete the work and obligations undertaken by Owner herein, and if such is not completed within 30 days after receipt by Owner, Holy Cross may complete the work and obligations hereof. If Holy Cross shall be required to complete the work, all costs of completion shall be chargeable and collectible from the Owner. In the event that litigation is necessary to collect such obligation, I-loly Cross shall be entitled to its reasonable attorney fees and costs of suit. 7. As set forth in paragraph 1 a above, Owner covenants that the trench, and all facilities within the trench shall be located within dedicated or conveyed and recorded utility easements and at the proper depth below finished grade. It shall be the obligation of the Owner to properly locate and construct the facilities within the easement. After completion of construction, if it should later be discovered that such facilities have not been properly located within dedicated or conveyed and recorded utility easements, it shall be the obligation of the Owner to provide new easements for the actual location of the facilities, or to relocate the facilities within the easement, all of which shall be at the sole cost and expense of the Owner. 8. The Owner covenants that it is the owner of the above described property and that said property is free and clear of encumbrances and liens of any character, except those held by the following: The promises, agreements and representations made by the Owner herein shall be covenants that run with the land and shall be binding upon the successors in interest, and assigns, of the property hereinabove described. Holy Cross Energy, a Colorado corporation By: Richard D. Brinkley, General Manager - Regulated Services CERISRANCH LL , S . %• DO LIMITED LIABILITY COMPANY W/0#00-1 7275:66-40:Cerise Ranch:1 1-16-00 \ v nager da\Franke Revised 1-18-00 STATE OF OYG(kk ) ss. COUNTY OF The fp • • instrument yvas acknowledged before me this (911 ,day of 1\1 6\l e by (t4 as Manager of ERISE LIABILITY COMPA Y. WITNESS my hand and official seal. My commission expires: Id-z)'f- COUNTY OF ) 20 A COLORADO LIMITED Address: The foregoing instrument was acknowledged before me this day of , 20 by Richard D. Brinkley, General Manager - Regulated Services of Holy Cross Energy, a Colorado corporation. WITNESS my hand and official seal. My commission expires: W/O#00-1 7275:66-40:Cerise Ranch:1 1-16-00 Address: Notary Public Veda\Franke\Hope2 Revised 1-18-00 FEB -15-01 THU 01:04 PM HIGH COUNTRY ENGINEERING I Hri NU, d t u no Cool [VI eat() 1•t;: Tim -11 1son - `7'15- fYle" < From: Fric'1't)in Date: February 15, 2001 Re: Cerise Rauch Subdivision ME C'E Pro ject No: 99054.03 L, V1 As requested, the following is a summary of the changes made to the Phase 1 cost estimate. ItemOririnal.Lstimate _ Revised Estimate Difference _- Water Tank Base Prep. 59,955.00 30,000.00 -29,955.00 0.00 -14,764.00 10' Water Tank Access Rd 21,326.50 6,56 0.00 -1 ,764.00 Soil Nailing Wall 51,000.00 24" DIP Waterline 24,000.00 0.00 -24,000.00 12" DIP Waterline 41,302.25 28,405.50 -12,896.75 6" 1)1P Waterline 1,022.00 0.00 -1,022.00 6" {.fate Valve 600.00 0.00 -600.00 4" PVC Waterline (supply) 0.00 31,500.00 31,500.00 4" Gate Valve 0.00 2,400.00 2,400.00 KutUp I louse 51,000.00 61,500.00 10,500.00 Pump 'louse Appurtenances 25,198.00 115,000.00 89,802.00 3,175.00 -_ 787.00 -2,388.00 278,578.25 276,154.50 -2,424.25 Totals Let me know if you have any other questions. 923 Coma Avenue, 14 Inverness Drive East Suite 13-144 Glenwood Springs, CO81U)1 Englewood, CO 80112 'n lephon (910) 945-8676 - Fax (970) 945-1555 .Telephone (303) 925-0544 - Fax (303) 925-0547 JAN -04-01 THU 10:29 AM HIGH COUNTRY ENGINEERING FAX N0. 970 945 2555 P. 01 January 4, 2001 Murk Bean, County Planner Garfield County HuiIding and Planning Department 109 S �;ireet, Suite 303 Cileliwood Springs, CO 81601 Re,; Cerise Ranch -- Partial Release of Collateral - Revised 11CI'; Project No. 99054.03 1)ear Mark: 1 ant writing on behalf of Wintergreen I lollies ("Owners"). In accordance with the terms of the Subdivision Improvement Agreement by and between the Owners and the board of County Commissioners of Garfield County, each request for partial release of collateral must be signed by the Project Engineer, and shall certify that: 1. All costs for which the release is being requested have been incurred in connection with the construction of the Improvements; 2. All work performed and materials supplied are in accordance with the plans and specifications; 3. All work has been performed in a workmanlike manner; 4. No funds are being requested for work not completed, or for materials not installed or stored on site; and 5. The Project Engineer has inspected, approved and has certified that all such improvements have been constructed in accordance with the plans and specifications. Plca.se consider this letter certification by the Project Engineer, High Country Engineering, inc. (TICE,), that all of the foregoing requirements have been met up to the date of this request. The October and November 2000 Payment Requests from DRT2Construction is attached hereto and incorporated herein by reference. These two (2) invoices total $376,511.15. Also included with this reglic ;t is the contract for $242,000.00 with Holy Cross Energy for electric service. I have included copies of the checks for payment to Holy Cross Energy and to DRT2 for the November 2000 invoice. DRT2 has already been paid for the October invoice and a copy of the Unconditional Waiver of Lien for that invoice in included. These Lien Waivers are typically 30 days in arrears on this project. The original amount of the Construction Costs for Public Improvements was $2,172,827.51 per the Engineers Estimate of Probable Construction Cost 923 Cooper Avenue Glenwood Springs, CO 81601 phone 970 945-8676 • fax 970 945.2555 14 Inverness Drive East, Ste It -144 Englewood, CO 80112 phone 303 925-0544 • fax 303 925-0547 JAN -04-01 THU 10:29 AM HIGH COUNTRY ENGINEERING FAX NO. 970 945 2555 P. 02 Mr. Mark Bean January 4, 2001 Page 2 dated October 12, 2000. We are requesting the funds in the amount of $618,511.15 be released and considered complete. Thus, leaving the amount of $1,554,316.36 to complete the remainder of thc public iinprovements. Please contact me if you have any questions or need additional information. Sincerely, IIIGI1 COUNTRY ENGINEERING, INC. /oc 1). I1apc, Principal Enc Cc, Jeff Spancl, Wintergreen Homes Dale 11ope, Wintergreen Homes Tim 'Hudson, Baleornb and Green January 4, 2001 Mark Bean, County Planner Garfield County Building and Planning Department 109 8th Street, Suite 303 Glenwood Springs, CO 81601 Re: Cerise Ranch — Partial Release of Collateral - Revised HCE Project No. 99054.03 Dear Mark: RECEIVED JAN 0 4 2001 I am writing on behalf of Wintergreen Homes ("Owners"). In accordance with the terms of the Subdivision Improvement Agreement by and between the Owners and the board of County Commissioners of Garfield County, each request for partial release of collateral must be signed by the Project Engineer, and shall certify that: 1. All costs for which the release is being requested have been incurred in connection with the construction of the Improvements; 2. All work performed and materials supplied are in accordance with the plans and specifications; 3. All work has been performed in a workmanlike manner; 4. No funds are being requested for work not completed, or for materials not installed or stored on site; and - 5. The Project Engineer has inspected, approved and has certified that all such improvements have been constructed in accordance with the plans and specifications. Please consider this letter certification by the Project Engineer, High Country Engineering, Inc. (HCE), that all of the foregoing requirements have been met up to the date of this request. The October and November 2000 Payment Requests from DRT2 Construction is attached hereto and incorporated herein by reference. These two (2) invoices total $376,511.15. Also included with this request is the contract for $242,000.00 with Holy Cross Energy for electric service. I have included copies of the checks for payment to Holy Cross Energy and to DRT2 for the November 2000 invoice. DRT2 has already been paid for the October invoice and a copy of the Unconditional Waiver of Lien for that invoice in included. These Lien Waivers are typically 30 days in arrears on this project. The original amount of the Construction Costs for Public Improvements was $2,172,827.51 per the Engineers Estimate of Probable Construction Cost 923 Cooper Avenue Glenwood Springs, CO 81601 phone 970 945-8676 • fax 970 945-2555 14 Inverness Drive East, Ste B-144 Englewood, CO 80112 phone 303 925-0544 • fax 303 925-0547 Mr. Mark Bean January 4, 2001 Page 2 dated October 12, 2000. We are requesting the funds in the amount of $618,511.15 be released and considered complete. Thus, leaving the amount of $1,554,316.36 to complete the remainder of the public improvements. Please contact me if you have any questions or need additional information. Sincerely, HIGH COUNTRY ENGINEERING, INC. oe D. Hope, P.E. Principal Enc Cc. Jeff Spanel, Wintergreen Homes Dale Hope, Wintergreen Homes Tim Thulson, Balcomb and Green RECEIVED JAN 0 4 2001 January 4, 2001 Planner la Mark Bean, County pand planning Department Garfield County Building art 109 8`'' Street, Suite 3 81601 Glenwood Springs, CO rtial Release of Collateral -Revised Cerise Ranch — Pa 9054 03 Re: Project No. 9 with the terms of the accordance board of County Dear Mark: Homes ("Owners"). Ina the must be signed Wintergreen and between the Owners and behalf ofe Agreement by partial release of collateral m 1 aul writing on fie Agount request for Improvement County, each req in Subdivision P Garfield that: haVe been incurred Commissioners °f Engineer, and shall certify being requested by the Project Eng the release is Improvements; which construction of the Imp with the All costs for ith the constru 1 • connection lied are in accordance All work performed and materials supe 2• plans and specifications; workmanlike manner; p ed in a workm been perform feted, or for materials All work has work not comp 3. requested for No funds are being on site, and that all 4.or stored roved and has Certified tans not installed inspected, approved with the P Engineer has insp in accordance The Project Eng nts have been constructed 5 such improvements Inc. h Country Engineering, and specifications. High this request. The Project Engineer, bytheProj et up to the date of attached hereto and certification have been m is ath chided with requirements TZ Construction Also in please consider this letteregoing from DRT2 have Payment Requests$376,511.15.ice • I (HCE), that all of the er 2000 Paym invoices total for electr2 fservice. r he November These two (2) Cross Energy October and November c and to DRT herein by reference ,000.00 with Holy and a copy of the incorporated h contract for for payment to Holy Cross Energy typically 30 request is the for aym aid for the October invoice waivers are this req of the checks P These Lien Public copies already been p included. Costs for P Cost included P TZ has that invoice in Construction Construction 2000 invoice. DR ofUen for original amount of the Probable Unconditional WaiverThe orig Estimate of Pro Uncon 2per the Engineers E Ste rust days in arrears on this project. ,821.51 co 80112 Inverness Drive East, was $2, 14 In°Englewood, 303 925-0$47 Improvements 925-0544' fax 923 �p67ax 9 81601 phone 303 Glenwood Springs, � 970 945-2555 phone 970 945 8676 f Mr. Mark Bean January 4, 2001 Page 2 dated October 12, 2000. We are requesting the funds in the amount of $618,511.15 be released and considered complete. Thus, leaving the amount of $1,554,316.36 to complete the remainder of the public improvements. Please contact me if you have any questions or need additional information. Sincerely, HIGH COUNTRY ENGINEERING, INC. oe D. Hope, P.E. Principal Enc Cc. Jeff Spanel, Wintergreen Homes Dale Hope, Wintergreen Homes Tim Thulson, Balcomb and Green December 16, 2000 Mark Bean, County Planner Garfield County Building and Planning Department 109 8th Street, Suite 303 Glenwood Springs, CO 81601 Re: Cerise Ranch — Partial Release of Collateral HCE Project No. 99054.03 Dear Mark: (✓f t RECEIVED DEC 1 8 2000 1 L/ s --/m <_zr? I am writing on behalf of Wintergreen Homes ("Owners"). In accordance with the terms of the Subdivision Improvement Agreement by and between the Owners and the board of County Commissioners of Garfield County, each request for partial release of collateral must be signed by the Project Engineer, and shall certify that: 1. All costs for which the release is being requested have been incurred in connection with the construction of the Improvements; 2. All work performed and materials supplied are in accordance with the plans and specifications; 3. All work has been performed in a workmanlike manner; 4. No funds are being requested for work not completed, or for materials not installed or stored on site; and 5. The Project Engineer has inspected, approved and has certified that all such improvements have been constructed in accordance with the plans and specifications. Please consider this letter certification by the Project Engineer, High Country Engineering, Inc. (HCE), that all of the foregoing requirements have been met up to the date of this request. The October and November 2000 Payment Requests from DRT2 Construction is attached hereto and incorporated herein by reference. These two (2) invoices total $376,511.15.' Also included with this request is the contract for $242,000.00 with Holy Cross Energy for electric service. I have included copies of the checks for payment to Holy Cross Energy and to DRT2 for the November 2000 invoice. DRT2 has already been paid for the October invoice and a copy of the Unconditional Waiver of Lien for that invoice in included. These Lien Waivers are typically 30 days in arrears on this project. The original amount of the Construction Costs for Public 923 Cooper Avenue Glenwood Springs, CO 81601 phone 970 945-8676 • fax 970 945-2555 14 Inverness Drive East, Ste B-144 Englewood, CO 80112 phone 303 925-0544 • fax 303 925-0547 Mr. Mark Bean December 16, 2000 Page 2 Improvements was $2,172,827.51 ?er the Engineers Estimate of Probable Construction Cost dated October 12, 2000. We are requesting the funds in the amount of $344,359.93.be released and considered complete. Thus, leaving the amount of $1,828,467.58 to complete the remainder of the public improvements. Please contact me if you have any questions or need additional information. Sincerely, 9G.. H \GN4 >.Y OiENGINEERING, INC. �' -�'O. S! `pal Pe�,~ 1 ,Y ✓ ,` .u. fnc • ('."le ?,' Jeff SpaneJ,'Wintergreen Homes r {• a'l;l$a P .,;:Wintergreen Homes 'Tim Thu son, Balcomb and Green Dec -13-00 03:34P Wintergreen Homes 9709499940 12,1`:/''Zi 1b 1u: ate •5 rJ�oti�_�o m P _ OZ 3r1LCr: LayragsraCilliAt WAIVER Of LIEN wintergreen gomes DRT2 Cerise Ranch The tattaarsipad does hereby tclasaae Ill Morblate' Laos Rights, vaulting horn Isbnr a o: megahols, cubcoetract wok, egWpeant or other work, rants, services Or supplies luretofete furttiahted in anti For the aotseavctlot, iraerevemteeur, alagtioa and additions to thc above described PaP)act. FXCluding retainage The uoderatgnedbar bean pod sad hos aesdhM a pregrcu ptgm cnr in d1e sum Of 4 118.. 50...„ (1.5 fat labor, services. equipment or motorial fvtnsshcd. 3 The Contractor weer to dsRtad and !told harmless the Owns from Any clean a claims hereinafter made by the uttdentstud sad/Or tta t>iiiOtittt suppl.ers, subcontractor pr cmployoe3, terventi, agnate or snipat► twit woh persons simnel the project. it .s sciroowledged that the designation of the shelve proJeu coautunrs en seiceitaatc dcscnptSaon of the proptrry end improvements ter which the uasdenaigrred ?tae rece;wd cotutdaratioa for is:a urease. it 1s ft tThir wsrmeled iM represeaced that all 'ugh whams against the undersigned cr the undersigned's wbaoatrackss sed/or material supplies' have been pad er that smtngomonn satieficrottry to the Owner have been made tor sash wawa. t. T'3tis inaauaferat,00aetawtae',MAW atoll rights, claim mite domande of thc undorstgnad against Qts O«reer vie* out of as pelmas tiagto the chore tefeseroced project up to and including the ___1___ day af_Agazeitehpr 200O, excluding retainage mmoc DRT2, LLC David Rippy BY t TITL I Manager DATE: 12/13/00 VO utwawy31 D® A13ivS ® NVIOUVflO VS unXiauy aWnO,� A VS NVIOHVOO kPPLICATION AND CERTIFICATE FOR PAYMENT AIA DOCUMENT G702Inslructio 3 OWNER: (Instructions ()II reverse sicic) PAGE: ONE OF Wintergreen Homes P.O. Box 1530 Avon, CO. 81620 OM CONTRACTOR: DRT2, LLC. INTRACT FOR: • PAGES PROJECT: Cerise Ranch VIA ARCIIITECT: )NTRACTOR'S APPLICATION FOR PAYMENT uinuation Sheet. AIA Document G703. Is attached. DRIGINAL CONTRACT SUM APPLICATION NO.: 1 PERIOD TO: PROJECT NOS.: CONTRACT DATE: Distribution to: ❑ OWNER ❑ ARC! IITECT 0 CONTRACTOR 0 0 )licatlon is made for payment, as shown below, in eonnectlon with thc Contract. f Ret ge-by_'Change_Ordets 2,326,240.74 ONTRACT SUM TO DATE (Line I f 2) 5 i,326,240.74 TOTAL COMPLETED & STORED TO DATE _ Column G on G703) 131,388.95 IETAMAGE: % of Completed %W rk s 13,138.90 (Columns D + E on G703) 96 of Stored Material $ (Column F on G703) ltal Retainage (Unc 5a + 5b or Total in Column I of G703) 7TAL EARNED LESS RETAINAGE Inc 4 less Line 5 Tbtal) ESS PREVIOUS CERTIFICATES FOR PAYMENT Inc 6 from prior Certificate) - 0 JRRENT PAYMENT DUE S 118,250.05 (LANCE TO FINISH, INCLUDING RETAINA2E nc 3 less Line 6) $ , 19 4 , 851.79 'NGE ORDER SUMMARY I changes approved In ions months by Owner [pprovcd this Month ADDITIONS DEDUCTIONS TOTALS CHANGES b Change Order AIA DOCUMENT D702 • AVENUE, NAv WA -SI IIN<iIUN, DC. 20006-5292 • WARNING: Unlicensed holoco photocopying violates U.S. copyright laws and will sublect the violator to lege! prosecution. G702-1992 3N: You should use an original AIA document which hag Ih19 cntrllon I)rinted In red Ar, rrrlr Ir,nl n w I 99nrr9 Ilial �-�•�„�r,ry ill nnl lir. ..i.. -�urr rt n ; n,r,), nrrur v:Iv•r, rLv-umrnr� �,., The undersigned Contractor certifies that to the best of the Contractors knowledge, Infor- mation and belief the Work covered by this Application for Payment has been completed in accordance with thc Contract Documents, that all amounts have been paid by thc Contractor for Work for which previous Certificates for Payment were Issued and pay- ments received from the Owner. and that current payment shown herein is now due CONTRACTOR: State of: County of: Subscribed and sworn to befog me this t�- day of /71i011 Date• My Commission Expires 07/03/ Notary Public: My Commission txpil�Es: '—yoz7/j ARCHITECT'S CERTIFICATE FOR PAYMENT In accordance with the Contract Documents, based on on-site observations and thc data comprising this application, the Architect certifies to thc Owner that to the best of thc Architect's knowledge, information and belief the Work has progressed as indicated, the quality of thc Work is fn accordance with thc Contract Documents, and thc Contractor is entitled to payment of thc AMOUNT CERTIFIED. AMOUNT CERTIFIED r (Attach explanation if amount certified differs from the amount applied for. Initial al/ figures w( gills Application and on the Continuation Sheet that are changed to conform to the amount certified.) ARCIIITE :F: [ly: Date: This Certificate is not negotiable. The AMOUNT CERTIFIED is payable only to the Con- tractor named herein. Issuance, payment and acceptance of payment arc without prejudice to any rights of the Owner or Contractor under this Contract. API 'LICA1ION AND CERTIFICATE FOR IA\Ati:NT • I992 HID IDN • AIA' • rj194)2 • '1'111'. AAIF:H.] ICAN INS'III11'IE OF ARCM] TS. 1715 NEW YORK 12/12/2000 15:59 9709842296 DRT2, LIC 0204 Alpine Court Glenwood Springs, CO 81601 BILL TO Wintergreen Homes P.O. Box 978 Avon, CO. 81620 DRT 2 PAGE 01 Invoice DATE INVOICE tr 11/1/00 657 Post -Ir F x 7671 Date /lab/ Dag a. /, To paJL From a mt Co ./Dept. Co. ITEM Phone K Est Amt Phone # Prior % Fax NI 040 Fax Vail,AA96) Page 1 P.O_ NO. TERMS PROJECT Cease Ranch ITEM DESCRIPTION Est Amt Prior And Prior % QTY T RATE Curr 96 -- Total % AMOUNT Item 1 Mobilisation. including any and an equipment ne y to complete project, 62.100.00 0.12335 62,100.00 123496 12.3496 7,660.00 Item 2 Grading & es:thwogk for road conetructicat & &dnege improvements, including import or export of metarisi, clawing & grubbing, topsoil removal. anbgrade ecreificetion, complete & in 97,950.00 0.3 97,950.00 30.00% 30.00% 29,385.00 Place Item 3 Grading & earthwork for water tank bare prep, including ung & gabbing, topsoil removal. subgtade eauf " nion complete & in place 59,955.00 0 59,955.00 0.00% 0.00% 0.00 Item 4 r Claes cx aphakic pavement, Annisked & trundled dlled complete & in place 88,567.50 0 7.35 0.00% 0.00% 0.00 Item 5 Claw 6 eggt+egale bare cetera 90,942.00 0 23.00 0.00% 0.0046 0.00 (r SpA including hauling , Placing & compaction. complete & in Pim Item 6 Cleotw fle fabric for tangos 13,255.00 0 1.10 0.00% 0.00% 0.00 separation. complete & in place Item 7 Mountable, median type curb & guttae complete & in place 8,943.75 0 13.25 0.0046 0.0035 0.00 Bean 8 Con of 10' wide accarm 21,326.50 97.5 65.62 30.00% 30.00% 6,397.95 toed to water tank, intluding Clare 6 A.B.C. subgrsde pe>aptradoat, complete & in place Thank you fot your business. Total Page 1 r2/12/2000 15:59 9709842296 DRTZ LLC 0204 Alpine Court Clexlwood Springs, CO 81601 BILL TO Wittmgreen Hwa P.O. Box 978 Avon. CO. 81620 DRT 2 PAGE 02 Invoice DATE INVOICE % 11/1/00 657 Pape 2 P.O. NO. TERMS PROJECT Cerise Ranch ITEM DESCRIPTION Elk Amt Prior Amt Prior % QTY RATE Curr % Total 96 AMOUNT Item 9 Cooction of 5' deep drainage amnia excavation, complete dtin Place 9,838.75 0 4.25 0.0055 0.0045 0.00 Item 10 Relocate existing irrigation ditch. complete & in place 7,002.64 0 1.52 0.0096 0.0096 0.00 Item 11 Sod nailing wall, including any rock excavation or tmsuitabble material removal end site prep, recompection & materials, complete & in place 51.000.00 0 34.00 0.00% 0.0086 0.00 Item 12 24" HDPE, Type 5 cv1vett, inchul ng material, excavation, bedding, back1t1 & compaction. cantplete & in 9,570.00 0 29.00 0.0096 0.0096 0.00 Place Item 13 Each 24" flared end section for 1,980.00 0 220.00 0.0094 0.0096 0.00 11UPB Type 3 culvert, complete & in place. Item 14 49" x 33" CMP arch culvert, including material bedding, backlit & compaction, complete & in 10,000.00 0 50.00 0.0055 0.00% 0.00 Nam Item 15 Each concrete headwall for 49" x 33" CMP arch culvert coanplete & in place 30.000.00 0 7,500.00 0.0046 0.0096 0.00 Item 16 71" x 47" CMPA culvert, including eorcavation, bedding compacted back=II, complete 24,840.00 0 92.00 0.00% 0.00% 0.00 & in place. Thant you for your buttiesas. 1 Total Pape 2 1'2/12/2000 15:59 9709842296 DRTZ LLC 0204 Alpine Court Glenwood Sprrnp, CO 81601 BILL TO Whuergreeut Tisanes P.O. Box 978 Avon, CO. 81620 DRT 2 PAGE 03 Invoice DATE INVOICE 11/1/00 657 Page 3 P.O. NO. TERMS PROJECT Cerise Ranch ITEM ITEM DESCRIPTION Est Amt Prior M1t Prior % OTY RATE Curr % TOtaI % 1 - AMOUNT Item 17 Concrete culvert headwall for 36,000.00 0 9,000.00 0.0096 0.0034 0.00 71" x 47" CMPA culvert, concrete,including reinforcement, excavition & bactiSlL complete & in place Item 18 24" D,I,P. , Clare 52 water main, including excavation, beading backfill, complaction, tees. &tictge. plugs, thrust blocks, bends, tracer wire & testing complete & in place 24,000.00 0 80.00 0.00% 0.0094 0.00 Item 19 12" D.I.P. , Case 52 water rutin, inchiding excavation, bedding bscckSll, compaction, tees , fitting& per. thrust blocks. bends. Irscer wire & testing. complete & in place 41,302.25 684.47167 32.65 54.1196 54.1196 22,348.00 Item 20 Each 12' gate valve, valve box. 5,200.00 2.66308 1,300.00 66.5886 66.5854 5,462.00 & appurtenances, complete & in place Uma 21 10" D.I.P.., tis 52 water main. including ea cavatiat4 bedding & bac1t811, compactice'. tees , plugs, thrust blocks, bends, nicer wire & seating complete 143279.50 674.07529 30.55 14.37% 14.37% 20, 593.00 & in place hem 22 Each 10" gate valve, valve box. 15,400.00 4.80273 1,100.00 34.31% 34.3196 5,283.00 & sppurtenances, casrtplete & in place Thank you for your business. Total Page 3 12/12/2000 15:59 9709842296 DRT2, LLC C 0204 Alpine Court Glenwood Ste, CO 81601 BILL TO Wintergreen Howes P.O. Box 978 Avon. CO. 81620 DRT 2 PAGE 04 Invoice DATE INVOICE a 11/1100 657 Page 4 P.O. NO. TERMS PROJECT Cerise Ranch ITEM DESCRIPTION Eat Amt Prior Ant Prior % OTY RATE Our % Total % AMOUNT Item 23 8" D.I.P. , Clem 52 water main. including excavation. bedding backfill, conga bon, tees, fittings. plugs, thrash blocks, bends, tracer wire & meting , complete dk in place. 80,967.60 744.97354 28.35 26.09% 26.09% 21,120.00 Itean 24 Each 8" gate valve, valve box 8,000.00 3.0625 800.00 30.63% 30.63% 2.450.00 & appurtenances, complete & in place Items 25 6" D.I.P. , Clam 52 water main. including excavation. bedding bacilli', compaction, tees, plugs. thrust blocks. bends, bitter was & testing complete ®tin place 1.022.00 25.40117 25.55 63.50% 63.50% 649.00 Item 26 Each 6' gee valve, valve box 600.00 0 600.00 0.00% 0.00% 0.00 & oppurtenteices, complete & m place Itom 27 Each 1.0" water service, including corporation stop, shut-otgwlve. exeavation, backftli. compaction. complete 25,200.00 0 900.00 0.00% 0.00% 0.00 & in place Item 28 Each Ere hydtnttt assembly, excavation. bedding beddlll, compaction, hydra' 41,600.00 274308 2,600.00 17.14% 17.14% 7,132.00 6" auxiliary valve. tee, 6" hydrant, 6" D.I.P.. lateral pipe, polywrap, & thrust blocks, cote * in place. Thsmk you for your Nuttiest Total Page 4 iL/ 1L/. utou iD: 5y '3 /W3234'2'3b DRT2, LLC 0204 Alpine Court Glenwood Spam, CO R16O1 BILL TO Waterman Homes P.O. Box 978 Avon, CO. 81620 UHT 2 PAGE 65 Invoice DATE INVOICE 4 1111/00 637 Page 5 P.O. NO. TERMS PROJECT Cerise Ranch ITEM DESCRIPTION Est Amt Prior Amt Prior % QTY RATE Curr % Total % AMOUNT Item 29 11,Ili I §Pt 18,000.00 0.13633 3,000.00 2.27% 227% 409.00 Item 30 51,000.00 0 51.000.00 0.00% 0.00% 0.00 Item 31 25.198.00 0 25,198.00 0.00% 0.00% 0.00 kern 32 137550.00 0 137550.00 0.00% 0.00% 0.00 Item 33 16,000.00 0 16,000.00 0.0056 0.0096 0.00 Item 34 2,200.00 0 22.00 0.0056 0.00% 0.00 Iluutk you for your business. Total Page 5 12/12/2000 15:59 9709842296 DRT2, LLC 0204 Arc Court Glenwood sem, COS 1601 BILL TO Winuagneen Hwa P.O. Bou 978 Avon, CO. 81620 DRT 2 PAGE 06 Invoice DATE INVOICE 8 11/1/00 657 Pape e P.O. NO. TERMS PROJECT Cerise Ranch ITEM DESCRIPTION Eat And Prior And Prior % QTY RATE Czar % Total % AMOUNT Item 35 4' deep utility trench for electric telephone. cable & go, conduit & wig tape ineteiletion in qty bench as requited by electric . telephone, cable di ga! (conduit & wetting tape provided by others) including excavatio, bedding backfill & compaction. complete & in place 59,663.25 0 6.75 0.0096 0.0094 0.00 Item 36 10" plastic faigetinn pipe (PrP) 12,870.00 0 13.00 0.00% 0.00% 0.00 , 100pai, including excavation, bedding, backfill & camtplete & in Place Item 37 8" plastic irrigation pipe (PIP) , 100 pal, including excavation. bedding, bacilli & compaction. complete & in 19,035.00 0 11.75 0.0094 0.00% 0.00 Pie Item 38 Each PIP c1eanonte•, Including, excavation, bedding, back!!!, compaction At appurtenances, complete & in place 2,500.00 0 156.25 0.00% 0.00% 0.00 Item 39 Each Dirndl. including excavation, bedding, backM & 5,000.00 0 5,000.00 0.0096 0.0094 0.00 COMPOCtiall. B& ipputteriencee conipleie & in piece Thank you for your busing_ Total Pape e 12/12/2000 15:59 9709842296 DRT2, LLC 0204 Alpine Cote Glenwood Springs, CO 81601 BILL TO Wintergreen Homes F.O. Box 978 Avon, CO. 81620 DRT 2 P.O. NO. PAGE 07 Invoice DATE INVOICE M 11/1/00 657 TERMS PROJECT Pape 7 ITEM DESCRIPTION Est Art, Prior Amt OTY RATE • AMOUNT Ham 40 Items 41 Item 42 Item 43 Item 44 Each concrete intake savant* including &might% & installing wheel gets, bac eaten conczete, stop blocks, etc_ also inehtdee eatavision, backfill & compaction. complete & in place 12 -pear direct bury telemetry cable installed is own 36" deep trench including all micavetion. batten. Viten jnnaton bones, and appurtenances complete & in Vacs Each electric transfbrmer vault/ manhole atrcavetion, including placcsnsst avant bacldili, & compaction per each HIGHWAY 82 IMPROVEMENTS Grading & earthwork for road construction & drainage improvements inchsling impoit or expo!t of metenit clearing & grubbing topsoil iemtovd, nibgrade eceaifica00m, unsuitable mataiiel removal, replactintelh. & suownpection, complete & ht place NO HID 13,710.00 3,175.00 15,400.00 25,000.00 0 0 0 0 2.5,000.00 0 4,570.00 0.50 550.00 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00 0.00 0.00 0.00 0.00 Thank You for Your blueness. Total Pape 7 1'Z/ 1.'/'ZiUU 15:59 '3/L1'3842296 DRT2, LLC 0204 di4ine Court Glenwood Ste, CO 81601 Blit. TO Wintergreen Homes F.O. Box 978 Avon, CO. 81620 DIRT 2 PAGE 08 Invoice DATE INVOICE # 11/1/00 657 Paps 8 P.O. NO. TERMS PROJECT cacao R.6nch ITEM DESCRIPTION Est Amt Prior Amt Prior % QTY RATE Curr 96 Total 96 AMOUNT Item 45 42Z i 63,036.00 0 10.20 0.0046 0.0056 0.00 & installed complete & in place Item 46 Cis 6 aggregate bane course 23,920.00 0 23.00 0.00% 0.00% 0.00 (6" deep) including hauling. placing & compaction, complete & m place Item 47 Class 1 aggregate base comae, 47,216.00 0 22.70 0.0046 0.00% 0.00 (12" deep), including ilunieltitig, hauling, placing & compaction, conpleta & in place Item 48 Extend 7 x 7 concrete box 11,400.00 0 1,425.00 0.0096 0.00% 0.00 culvert, melodaeg excavation, bedding. backfin & compaction, complete & in Place Item 49 Guardrail . CDOT Type 3, including & 6,500.00 0 81.25 0.0036 0.00% 0.00 installing complete & in place Item 50 Remove & replace Imo' 1. (MOT Typo 4, including 39,600.00 0 44.00 0.0094 0.0046 0.00 furnishing & installing complete & in piece Item 51 in Pavement striping complete & place, pm CDOT 4,400.00 0 4,400.00 0.00% 0.00% 0.00 trona Item 52 Tic control per CDOT end notice to 14,000.00 0 14,000.00 0.0096 0.00% 0.00 property owners, complete & in place Thank you for your badinage. Total Paps 8 12/12/2000 15:59 9709842296 DRT2, LLC 0204 Alpine Court Glenwood Sptgs, CO 81601 BILL TO W Homes P.O. Boat 478 Avon. CO. 81620 DRT 2 PAGE 09 Invoice DATE INVOICE g 11/1100 657 Paps 9 P.O. NO. TERMS PROJECT Cerise Ranch ITEM DESCRIPTION Est Amt Prior Amt Prior % QTY RATE Cur % Total 96 AMOUNT Item 53 Cant uctton of emergency access road across median including Claw ^ ARC., grading earthwork. drainage 3.000.00 0 3,000.00 0.00% 0.00% 0.00 P. pion. & compaction complete & in place Item 54 Each Q. I ground sign installation. conetrooted according to Colorado Division of iishways S-Standarde . complete & is place 1,200.00 0 300,00 0.0096 0.00% 0.00 Item 55 Each emergency breakaway get, including lhmiehing & installing as materials complete 2.000.00 0 2,000.00 0.0045 0.00% 0.00 & in place per each Item 56 Revegetadon & landscaping of aB areas disturbed by construction. inchiding establishing annual its 7,000.00 0 7,000.00 0.0096 0.0095 0.00 &+owtl4 erosion control before vegetation is established complete & in place Items 57 Each Class I ground sign constructed according to Colorado Division of Highways 3 -Standards , 5,700.00 0 300.00 0.0096 0.009E 0.00 complate & in place Thank you for your business_ y Total Paps 9 12/12/2000 15:59 9709842296 DRT2, LLC 0204 Alpine Corot Glenwood Springs, CO 81601 BILL TO Winuirgreen Homes P.O. Box 978 Avon, CO. 81620 DRT 2 PAGE 10 Invoice DATE P.O. NO. INVOICES 11/1/00 657 Cerise Ranch .1 DESCRIPTION Pape 10 P.O. NO. TERMS PROJECT Cerise Ranch ITEM DESCRIPTION Est Amt Prior Amt Prior % OTY RATE Curr % Total % AMOUNT Item 58 Erosion & sediment control, including NPDBS Permit & other Mores necessary to control e:odon during construction activltlee, dust t control (sero tolerance). also indudieg excavation & bairn'', end alt necessity materials & equipment. complete & in place 15,000.00 0.3 15,000.00 30.00% 30.00% 4,500.00 Item 39 Digression Dzir existing mak 11,000.00 0 11,000.00 0.00% 0.00% 0.00 (north , including dsvetiaa,. berksll, wetland COMMA, box culvert fouadsticm. & weir . complete & in place Item 60 Fencing all wetlands to elimiaaoe dirtntbance during con (type to be epproved by ens) including punishing & installing , complete & in place 3,000.00 0 3,000.00 0.00% 0.00% 0.00 & remavd alter construction Item 61 Topsoil amusement including ewcdrvston, cam, stockpiling & replacing complete & in place 55,200.00 0 55,200.00 0.00% 0.00% 0.00 Item 62 Excavatum, inclndina, shaping. hauling, dewatering etc coompleoe & in place 619200.00 0 519200.00 0.00% 0,00% 0.00 Thaah you for your business. Total Pape 10 iL/1L/.Ji 15:59 91 842295 DRT2, LLC 0204 Alpino Court Oienwood Springs, CO 81601 BILL TO Wintergreen Homes P.O. Box 978 Avon, CO. 81620 DRT 2 PAGE 11 Invoice DATE INVOICE 11/1/00 657 Page 11 P.O_ NO. TERMS PROJECT Cerise Ranch ITEM DESCRIPTION Est Amt Phot Amt Prior % QTY RATE Cur % Total % AMOUNT Item 63 Item 64 Item 65 Item 66 Revageoition sad landscaping around diatutbed anis of lupe, including estabhating annual 8,000.00 1,400.00 7,590.00 7,590.00 0 0 0 8,000.00 0 14.00 11.00 11.00 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00 0.00 0.00 0.00 grass growth. erosion control before vegetation is established, complete & in Educe Excava lon for unenitable matatial, including removal & disposing of unsuitable material & replaces with convected Clan 3 aggregate base comae, complete & in Place 1.25" Pure Core tubing, including e:cavium. bedding WWII, compaction, tees, valvae. testing, connectional to existing spring * to existettg house, complete & in place 1.5" 80 psi polyethylene pipe, including excavation. bedding, back=R, compaction. tees, fives, Wig, connections to existing spring & to exiting house irrigation system, complete & in place. Thank you for your business. Total 5131,388.95 Page 11 APPLICATION AND CERTIFICATE TO OWNER: Wintergreen Homes P.O. Box 1530 Avon, CO. 81620 FROM CONTRACTOR: CONTRACT FOR: DRT2, LLC 0204 Alpine Court Glenwood Springs, CO. 81601 b FOR PAYMENT AIA DOCUMI'NI• G702 (instructions on reverse PROJECT Cerise Ranch -Phase I VIA ARCHITECT: CONTRACTOR'S APPLICATION FOR PAYMENT Continuation Sheet, AIA Document G703, Is attached. I. ORIGINAL CONTRACT SUM 2. Net_change-by-Change.ortiets 3• CONTRACT SUM TO DATE (Linc I t 2) s -27,043,870.74 I. TOTAL COMPLETED &STORED TO DATE $ 376,511.15 APPLICATION NO.: 2 PERIOD TO: 11/1-1 PROJECT NOS.: 11/30 CONTRACT DATE: 11/9/00 Side) PAGE ONE OF PAGES Distribution to: D OWNER ❑ ARCHITECT ❑ CONTRACTOR 0 Application is made for payment, as shown below. In connection with thc Contract. $ 2,058,720.74 $ - 14,850.00 (Column G on G703) • RETAINAGE: 2• --IQ-% of Completed Work = 3 7 , 651.12 (Columns D + E on G703) b. 96 of Stored Material (Column F on G703) Total Retainage (Line 5a + 5b or Total in Column I of G703) f f . TOTAL EARNED LESS RETAINAGE (Line 4 Icss Linc 5 7bta1) . LESS PREVIOUS CERTIFICATES FOR PAYMENT 118,250.05 (Linc 6 from prior Certificate) f . CURRENT PAYMENT DUE $ 338,860.03 1 S 220,609.98 . BALANCE TO FINISH, INCLUDING RETAINAGE (Linc 3 less Line 6) $ �IIANGE ORDER SUMMARY Iota! changes approved In )revious months by Owner tbtal approved this Month TOTALS JET CHANGES by Change Order Tog ADDITIONS DEDUCTIONS DEDUCTIONS The undersigned Contractor certifies that to the best of the Contractors knowledge, infor- mation and belief the Work covered by this Application for Payment has been completed In accordance with the Contract Documents, that all amounts have been paid by the Contractor for Work for which previous Certificates for Payment were Issucd and pay- ments received from thc Owner, and that current payment shown herein Is now due. CONTRACTOR: State of: d70/-066.9 County of: 64(4,/ail Subscribed and sworn to befogec me this /5r day of Notary Public: My Commission txpi: C Date: JACQUELINE S. DORITY NOTARY PUBLIC 011TATE OF COLORADO My Commission Expire,: 09,1812004 ARCHITECT'S CERTIFICA E OR PAYMENT In accordance with the Contract Documents, based on on-site observations and thc data comprising this application, the Architect certifies to the Owner that to the best of thc Architect's knowledge, Information and belief thc Work has progressed as indicated, the quality of the Work Is In accordance with the Contract Documents, and thc Contractor is entitled to payment of the AMOUNT CERTIFIED AMOUNT CERTIFIED (Attach explanation if amount certified differs from Ibe amount applied for. Initial all figures on this Application and on Ibe Continuation Sheet that are cbanged to conform to the amount certified.) ARCI I rrr:c:T: liy: Date: This Certificate is not negotiable. The AMOUNT CERTIFIED is payable only to the Con- tractor named herein. Issuance, payment and acceptance of payment arc without prejudice to :my rights of the Owner or Contractor under this Contract. AIA DOCUMENT GM • APPLICATION AND CERTIFICATE FOR PAYMENT • IW Ei)I1I1IN • AIA' AVENUE. N.W., WASI11NDTUN, D.C. 20xx,6-5292 • WARNING: Unikensed photocopying violates U.S.I copyright lay.*ia hand wCANllll� sublecl the violator ) to }legal prosecution. Yoson. .IITION: You should use en origlnnl AfA document which has lhIs cRu!Ion printed In red An nrlr Inns n I 991,,,q Ilial rr•,„trlr•q will riot Rs nrrnr v.•L,, ,. G702-1992 DRT2, LLC 0204 Alpine Court Glenwood Springs, CO 81601 CUSTOMER Wintergreen Homes P.O. Box 978 Avon, CO. 81620 Credit Memo DATE CREDIT NO. 11/27/00 694 P.O. NO. PROJECT Cerise Ranch DESCRIPTION QTY RATE AMOUNT For CTL contract, Line Item #1 -1 14,850.00 -14,850.00 Thank you for your business. Total s_14,850.00 DRT2, LLC 0204 Alpine Court Glenwood Springs, CO 81601 BILL TO Wintergreen Homes P.O. Box 978 Avon, CO. 81620 Invoice DATE INVOICE # 11/28/00 692 Page 1 P.O. NO. TERMS PROJECT Cerise Ranch ITEM DESCRIPTION Est Amt Prior Amt Prior % QTY RATE Curr % Total % AMOUNT Item 1 Mobilization, including any and all equipment necessary to complete project, 62,100.00 7,660.00 12.34% 0.00242 *********" 12.58% 24.91% 7,810.00 Item 2 Grading & earthwork for road construction & drainage improvements, including import or export of material, clearing & grubbing, topsoil removal, subgrade scarification, complete & in place 97,950.00 29,385.00 30.00% 0.2 97,950.00 20.00% 50.00% 19,590.00 Item 3 Grading & earthwork for water tank base prep, including clearing & grubbing, topsoil removal, subgrade scarification complete & in place 59,955.00 0.1768 59,955.00 17.68% 17.68% 10,600.00 Item 4 3" Class CX asphaltic pavement, furnished & installed complete & in place 88,567.50 0 7.35 0.00% 0.00% 0.00 Item 5 Class 6 aggregate base course 90,942.00 0 23.00 0.00% 0.00% 0.00 (8" deep), including furnishing, hauling , placing & compaction, complete & in place Item 6 Geotextile fabric for aggregate separation, complete & in place 13,255.00 1,000 1.10 8.30% 8.30% 1,100.00 Item 7 Mountable, median type curb 8,943.75 0 13.25 0.00% 0.00% 0.00 & gutter, complete & in place Item 8 Construction of 10' wide access road to water tank, including 21,326.50 6,397.95 30.00% 227.5 65.62 70.00% 100.00% 14,928.55 Class 6 A.B.C. subgrade preparation, complete & in place Thank you for your business. Total Page 1 DRT2, LLC 0204 Alpine Court Glenwood Springs, CO 81601 BILL TO Wintergreen Homes P.O. Box 978 Avon, CO. 81620 Invoice DATE INVOICE # 11/28/00 692 Page 2 P.O. NO. TERMS PROJECT Cerise Ranch ITEM DESCRIPTION Est Amt Prior Amt Prior % QTY RATE Curr % Total % AMOUNT Item 9 Construction of 5' deep drainage channel, excavation, complete & in place 9,838.75 0 4.25 0.00% 0.00% 0.00 Item 10 Relocate existing irrigation ditch, complete & in place 7,002.64 4,000 1.52 86.82% 86.82% 6,080.00 Item 11 Soil nailing wall, including any rock excavation or unsuitable material removal and replacement, site prep, recompaction & materials, complete & in place 51,000.00 294.11765 34.00 19.61% 19.61% 10,000.00 Item 12 24" HDPE, Type S culvert, including material, excavation, bedding, backfill & compaction, complete & in place 9,570.00 0 29.00 0.00% 0.00% 0.00 Item 13 Each 24" flared end section for 1,980.00 0 220.00 0.00% 0.00% 0.00 HDPE Type S culvert, complete & in place. Item 14 49" x 33" CMP arch culvert, including material, excavation, bedding, backfill & compaction, complete & in place 10,000.00 0 50.00 0.00% 0.00% 0.00 Item 15 Each concrete headwall for 49" x 33" CMP arch culvert complete & in place 30,000.00 0 7,500.00 0.00% 0.00% 0.00 Item 16 71" x 47" CMPA culvert, including excavation, bedding, compacted backfill complete 24,840.00 0 92.00 0.00% 0.00% 0.00 & in place. Thank you for your business. Total Page 2 DRT2, LLC 0204 Alpine Court Glenwood Springs, CO 81601 BILL TO Wintergreen Homes P.O. Box 978 Avon, CO. 81620 Invoice DATE INVOICE # 11/28/00 692 Page 3 P.O. NO. TERMS PROJECT Cerise Ranch ITEM DESCRIPTION Est Amt Prior Amt Prior % QTY RATE Curr % Total % AMOUNT Item 17 Concrete culvert headwall for 36,000.00 0 9,000.00 0.00% 0.00% 0.00 71" x 47" CMPA culvert, including concrete, reinforcement, excavation & backfill, complete & in place Item 18 24" D,I,P, , Class 52 water main, including excavation, bedding, backfill complaction, 24,000.00 0 80.00 0.00% 0.00% 0.00 tees, fittings, plugs, thrust blocks, bends, tracer wire & testing, complete & in place Item 19 12" D.I.P. , Class 52 water main, including excavation, bedding, backfill, compaction, tees , fittings, plugs, thrust blocks, bends, tracer wire & testing. complete & in place 41,302.25 22,348.00 54.11% 0 32.65 0.00% 54.11% 0.00 Each 12" gate valve, valve box, & appurtenances, complete & in place 5,200.00 3,462.00 66.58% 0.63855 1,300.00 15.96% 82.54% 830.12 Item 20 Item 21 10" D.I.P.., Class 52 water main, including excavation, bedding & backfill, compaction, tees , fittings, plugs, thrust blocks, bends, tracer wire & testing, complete 143279.50 20,593.00 14.37% 962.80851 30.55 20.53% 34.90% 29,413.80 & in place Item 22 Each 10" gate valve, valve box, & appurtenances, complete & in place 15,400.00 5,283.00 34.31% 1.63636 1,100.00 11.69% 45.99% 1,800.00 Thank you for your business. Total Page 3 DRT2, LLC 0204 Alpine Court Glenwood Springs, CO 81601 BILL TO Wintergreen Homes P.O. Box 978 Avon, CO. 81620 Invoice DATE INVOICE # 11/28/00 692 Page 4 P.O. NO. TERMS PROJECT Cerise Ranch ITEM DESCRIPTION Est Amt Prior Amt Prior % QTY RATE Curr % Total % AMOUNT Item 23 8" D.I.P. , Class 52 water main, including excavation, bedding, backfill compaction, tees, 80,967.60 21,120.00 26.09% 1159.14815 28.35 40.59% 66.67% 32,861.85 fittings, plugs, thrush blocks, bends, tracer wire & testing , complete & in place. Item 24 Each 8" gate valve, valve box 8,000.00 2,450.00 30.63% 1.9125 800.00 19.13% 49.75% 1,530.00 & appurtenances, complete & in place Item 25 6" D.I.P. , Class 52 water main, including excavation, bedding, backfill, compaction, tees, fittings, plugs, thrust blocks, bends, tracer wire & testing, complete & in place 1,022.00 649.00 63.50% 0 25.55 0.00% 63.50% 0.00 Item 26 Each 6" gate valve, valve box 600.00 0 600.00 0.00% 0.00% 0.00 & appurtenances, complete & in place Item 27 Each 1.0" water service, including corporation stop, shut-off valve, excavation, backfill, compaction, complete 25,200.00 23 900.00 82.14% 82.14% 20,700.00 & in place Item 28 Each fire hydrant assembly, including excavation, bedding, backfill compaction, hydrant 41,600.00 7,132.00 17.14% 3.38462 2156.81524 17.55% 34.69% 7,300.00 6" auxiliary valve, tee, 6" hydrant, 6" D.I.P.. lateral pipe, polywrap, & thrust blocks, complete & in place. Thank you for your business. Total Page 4 DRT2, LLC 0204 Alpine Court Glenwood Springs, CO 81601 BILL TO Wintergreen Homes P.O. Box 978 Avon, CO. 81620 Invoice DATE INVOICE # 11/28/00 692 Page 5 P.O. NO. TERMS PROJECT Cerise Ranch ITEM DESCRIPTION Est Amt Prior Arnt Prior % QTY RATE Curr % Total % AMOUNT Item 29 Each Air -vac valve & vault including all valves, appurtenances, excavation, backfill, & compaction, complete & in place 18,000.00 409.00 2.27% 0 3,000.00 0.00% 2.27% 0.00 Item 30 Each pumphouse, including site prep, excavation, compaction, foundation, structure, utilities, all materials 51,000.00 0 51,000.00 0.00% 0.00% 0.00 & installation complete & in place Item 31 Pumphouse appurtenances, including site prep, connectionss, controls, valves, gauges, plumbing, etc. complete & in place 25,198.00 0 25,198.00 0.00% 0.00% 0.00 Item 32 Steel water tand, 300,000 gallons„including backfill, covering tank, testing, etc. complete & in place 137550.00 0 137550.00 0.00% 0.00% 0.00 Item 33 Water tank appurtenances including site preparation, connections, controls, valves, gauges, plumbing, etc. complete & in place. 16,000.00 0 16,000.00 0.00% 0.00% 0.00 Item 34 10” PVC , drain from water tank, including excavation, bedding, backfill, compaction, tees, fittings, bends, plugs, thrust blocks, restrained joints 2,200.00 0 22.00 0.00% 0.00% 0.00 (where necessary), complete & in place Thank you for your business. Total Page 5 DRT2, LLC 0204 Alpine Court Glenwood Spring, CO 81601 BILL TO Wintergreen Homes P.O. Box 978 Avon, CO. 81620 Invoice DATE INVOICE # 11/28/00 692 Page 6 P.O. NO. TERMS PROJECT Cerise Ranch ITEM DESCRIPTION Est Amt Prior Amt Prior % QTY RATE Curr % Total % AMOUNT Item 35 4' deep utility trench for electric, telephone, cable & gas, conduit & warning tape installation in utility trench as required by electric , telephone, cable & gas (conduit & waring tape provided by others) including excavation, bedding, backfill & compaction, complete & in place 59,663.25 0 6.75 0.00% 0.00% 0.00 Item 36 10" plastic irrigation pipe (PIP) 12,870.00 0 13.00 0.00% 0.00% 0.00 , 100psi, including excavation, bedding, backfill & compaction, complete & in place Item 37 8" plastic irrigation pipe (PIP) , 100 psi, including excavation, bedding, backfill & compaction, complete & in place 19,035.00 145.98979 11.75 9.01% 9.01% 1,715.38 Item 38 Each PIP cleanouts, including, excavation, bedding, backfill compaction & appurtenances, complete & in place 2,500.00 0 156.25 0.00% 0.00% 0.00 Item 39 Each Drywell, including excavation, bedding, backfill & compaction, & appurtenances complete & in place 5,000.00 0 5,000.00 0.00% 0.00% 0.00 Thank you for your business. Total Page 6 DRT2, LLC 0204 Alpine Court Glenwood Springs, CO 81601 BILL TO Wintergreen Homes P.O. Box 978 Avon, CO. 81620 Invoice DATE INVOICE # 11/28/00 692 Page 7 P.O. NO. TERMS PROJECT Cerise Ranch ITEM DESCRIPTION Est Amt Prior Amt Prior % QTY RATE Curr % Total % AMOUNT Item 40 Each concrete intake structure including furnishing & installing wheel gate, bar screen, concrete, stop blocks, etc. also includes excavation, backfin & compaction, complete & in place 13,710.00 0 4,570.00 0.00% 0.00% 0.00 Item 41 12 -pair direct bury telemetry cable installed in own 36" deep trench, including all excavation, backfill, splices, junction boxes, and appurtenances complete & in place 3,175.00 0 0.50 0.00% 0.00% 0.00 Item 42 Each electric transformer vault/ manhole excavation, including placement of vault, backfill, & compaction per each 15,400.00 0 550.00 0.00% 0.00% 0.00 HIGHWAY 82 IMPROVEMENTS Item 43 Grading & earchwork for road construction & drainage improvements including import or export of material, clearing & grubbing, topsoil removal, subgrade scarification, unsuitable material removal, replacement, & recompaction, complete & in place 25,000.00 0 25,000.00 0.00% 0.00% 0.00 Item 44 NO BID 0 0.00 Thank you for your business. Total Page 7 DRT2, LLC 0204 Alpine Court Glenwood Springs, CO 81601 BILL TO Wintergreen Homes P.O. Box 978 Avon, CO. 81620 Invoice DATE INVOICE # 11/28/00 692 Page 8 P.O. NO. TERMS PROJECT Cerise Ranch ITEM DESCRIPTION Est Amt Prior Amt Prior % QTY RATE Curr % Total % AMOUNT Item 45 4" Class CX asphaltic pavement, 2" lifts, furnishced 63,036.00 0 10.20 0.00% 0.00% 0.00 & installed complete & in place Item 46 Class 6 aggregate base course 23,920.00 0 23.00 0.00% 0.00% 0.00 (6" deep) including furnishing, hauling, placing & compaction, complete & in place Item 47 Class 1 aggregate base course, (12" deep), including furniahing, hauling, placing & compaction, complete & in place 47,216.00 0 22.70 0.00% 0.00% 0.00 Item 48 Extend 7' x 7' concrete box culvert, including, excavation, bedding, backfill & compaction, complete & in place 11,400.00 0 1,425.00 0.00% 0.00% 0.00 Item 49 Guardrail , CDOT Type 3, including furnishing & installing complete & in place 6,500.00 0 81.25 0.00% 0.00% 0.00 Item 50 Remove & replace gurardrail, CDOT Type 4, including furnishing & installing complete & in place 39,600.00 0 44.00 0.00% 0.00% 0.00 Item 51 Pavement striping, complete & in place, per CDOT specifications 4,400.00 0 4,400.00 0.00% 0.00% 0.00 Item 52 Traffic control per CDOT specifications, and notice to property owners, complete & in place 14,000.00 0 14,000.00 0.00% 0.00% 0.00 Thank you for your business. Total Page 8 DRT2, LLC 0204 Alpine Court Glenwood Springs, CO 81601 BILL TO Wintergreen Homes P.O. Box 978 Avon, CO. 81620 Invoice DATE INVOICE # 11/28/00 692 Page 9 P.O. NO. TERMS PROJECT Cerise Ranch ITEM DESCRIPTION Est Amt Prior Amt Prior % QTY RATE Curr % Total % AMOUNT Item 53 Construction of emergency access road across median including Class ^ A.B.C., grading, earthwork, drainage improvements, scarification, & compaction complete & in place 3,000.00 0 3,000.00 0.00% 0.00% 0.00 Item 54 Each Class I ground sign installation, constructed according to Colorado Division of Highways S-Standsrds , complete & in place 1,200.00 0 300.00 0.00% 0.00% 0.00 Item 55 Each emergency breakaway gate, including furnishing & installing all materials complete 2,000.00 0 2,000.00 0.00% 0.00% 0.00 & in place per each Item 56 Revegetation & landscaping of all areas disturbed by construction, including establishing annual grass growth, erosion control before vegetation is established complete & in place 7,000.00 0 7,000.00 0.00% 0.00% 0.00 Item 57 Each Class I ground sign installation, constructed according to Colorado Division of Highways S -Standards , complete & in place 5,700.00 0 300.00 0.00% 0.00% 0.00 Thank you for your business. Total Page 9 DRT2, LLC 0204 Alpine Court Glenwood Springs, CO 81601 BILL TO Wintergreen Homes P.O. Box 978 Avon, CO. 81620 Invoice DATE INVOICE # 11/28/00 692 Page 10 P.O. NO. TERMS PROJECT Cerise Ranch ITEM DESCRIPTION Est Amt Prior Amt Prior % QTY RATE Curr % Total % AMOUNT Item 58 Erosion & sediment control, including NPDES Permit & other features necessary to control erosion during construction activities, dust control (zero tolerance), also including excavation & backfill, and all necessary materials & equipment, complete & in place 15,000.00 4,500.00 30.00% 0.45 15,000.00 45.00% 75.00% 6,750.00 Item 59 Diversion for existing creek 11,000.00 0 11,000.00 0.00% 0.00% 0.00 (north spring), including excavation, backfill, wetland concerns, box culvert, foundation, & weir , complete & in place Item 60 Fencing all wetlands to eliminate disturbance during construction (type to be approved by engineer ) including furnishing & installing , complete & in place 3,000.00 1 3,000.00 100.00% 100.00% 3,000.00 & removal after construction Item 61 Topsoil management including excavators, clearing, stockpiling, & replacing, complete & in place 15,000.00 0 15,000.00 0.00% 0.00% 0.00 Item 62 Excavation, including, shaping, hauling, dewatering, etc complete & in place 138225.00 24,250 2.85 50.00% 50.00% 69,112.50 Item 62A 30 Mill Pond liner 177100.00 0 0.70 0.00% 0.00% 0.00 Item 62B Placement of Topsoil on proposed berms 30,000.00 0 30,000.00 0.00% 0.00% 0.00 Thank you for your business. Total Page 10 DRT2, LLC 0204 Alpine Court Glenwood Springs, CO 81601 BILL TO Wintergreen Homes P.O. Box 978 Avon, CO. 81620 Invoice DATE INVOICE # 11/28/00 692 Page 11 P.O. NO. TERMS PROJECT Cerise Ranch ITEM DESCRIPTION Est Amt Prior Amt Prior % QTY RATE Curr % Total % AMOUNT Item 63 Revegetation and landscaping around disturbed areas of lake, including establishing annual grass growth, erosion control before vegetation is established, complete & in place 8,000.00 0 8,000.00 0.00% 0.00% 0.00 Item 64 Excavation for unsuitable material, including removal & disposing of unsuitable material & replacing with compacted Class 3 aggregate base course, complete & in place 1,100.00 0 11.00 0.00% 0.00% 0.00 Item 65 1.25" Pure Core tubing, including excavaton, bedding, backfill compaction, tees, fittings, valves, testing, connectionsl to existing spring 7,590.00 0 11.00 0.00% 0.00% 0.00 & to existing house, complete & in place Item 66 1.5" 80 psi polyethylene pipe, including excavation, bedding, backfill, compaction, tees, fittings, valves, testing, connections to existing spring 7,590.00 0 11.00 0.00% 0.00% 0.00 & to existing house irrigation system, complete & in place. Thank you for your business. Total $245,122.20 Page 11 DRT2, LLC 0204 Alpine Court Glenwood Springs, CO 81601 BILL TO Wintergreen Homes P.O. Box 1530 Avon, CO. 81620 Invoice DATE INVOICE # 11/30/00 693 P.O. NO. TERMS PROJECT Cerise Ranch Extras DESCRIPTION QTY RATE AMOUNT 790 LF of 10" Water stabilization on Larkspur 790 5.00 3,950.00 4 Rolls of Fabric, Dodsons 1 1,352.00 1,352.00 Pipe under pipe 3' 11/6/00 100 LF 11/7/00 2OLF 11/9/00 140 LF 11/10/00 100 LF 11/14/00 20 LF 11/16/00 140 LF 520 LF = 232 CY 232 14.00 3,248.00 Pipe Over 3' 11/9/00 80 LF 11/10/00 100 LF 11/14/00 70 LF 11/16/00 140 LF 390 LF = 174 CY 174 11.00 1,914.00 Thank you for your business. Total $10,464.00 ' •GOSS F tirj �Ft< 3799 HIGHWAY 82 • P.O. DRAWER 2150 • GLENWOOD SPRINGS, COLORADO 81602 • r dam® ti November 16, 2000 Mr. Dale Hope Wintergreen Homes P.O. Box 1 530 Avon, CO 81620 Re: Cerise Ranch Dear Dale: Total estimated cost of underground construction $242,000.00 Construction deposit consisting of equivalent overhead credits (refundable) $1 50,000.00 Contribution in aid of construction (nonrecoverable) 92,000.00 Total payment required before starting work on the project $242,000.00 The above figures are only estimates. After the job has been completed, the actual cost of construction will be determined. Your contribution and deposit will be adjusted to reflect the actual cost by making a refund or further assessment. Execution of this document constitutes agreement to pay any further assessment in a timely manner. Adjusted construction deposits are available for refund over a ten year period as specified by Holy Cross Energy's Line Extension Policy. Our power facilities must be installed on an easement. Please execute and return the enclosed document. The following conditions are hereby noted: 1. Lot corners or other locations will be provided by the developer as needed to ensure that our facilities are installed as shown on the attached sketch. 2. Holy Cross Energy has implemented a policy which requires that project owners provide all excavation, backfill, compaction and cleanup needed for installation of the underground power system extension to serve their new development. The owner must also set all vaults and install all conduits as specified by Holy Cross Energy's design for the project and the enclosed construction specifications. Holy Cross Energy will supply all material which can be picked up by the owner at the appropriate storage yard. The cost of this material is included in the job cost estimate. The attached Trench Agreement must be properly executed and returned prior to the start of excavation. 3. Secondary voltage available will be 120/240, single-phase for the lot. 4. Secondary voltage available will be 480Y/277, three-phase for the two pumps Dale Hope November 16, 2000 Page Two 5. Secondary voltage will be made available at a pad -mounted transformer located within a reasonable distance of each lot. It will be the lot owner's responsibility to extend underground secondary entrance conductors from the point of power usage to the designated transformer. When reaching the designated transformer involves a road crossing, a conduit will be installed during construction of the primary voltage system. It will be the lot owner's responsibility to maintain the conduit(s) associated with his lot. 6. It shall be the consumer's responsibility to protect their electric equipment from temporary over voltage or under voltage situations resulting from causes beyond the control of Holy Cross Energy. 7. We attempt to complete all projects in a timely manner. However, highest priority is given to maintaining service to our existing consumers. This fact, along with inevitable construction delays, will not allow us to guarantee a project completion date. 8. All Holy Cross Energy rules and regulations will be followed. When Holy Cross Energy is in receipt of your check in the amount of $242,000.00, all necessary executed easements, other permits, if required, a completed "Application For Electric Service" form, the executed trench agreement, and the signed original of this letter agreement (below), the job can be scheduled for construction. If you have any questions, please contact me. Sincerely, HOLY CROSS ► ERGY effrey A. Staking ng lifer JAF:vw Enclosure The above terms and conditions are h eby agreed to and .ccepted W/O#00-1 7275:66-40:Cerise Ranch Franke\Hope2 55 56 54 • et • 67 • 52 53 68 EXHIBIT A CERISE RANCH T.7S, R.87W, SEC.32&33 LOC. 66-40 W/0 17275 48 50 49 47 4 5 LEGEND 0 0 11 Proposed 1 Phose UG Transformer Proposed 3 Phase UG Transformer Proposed UG Large Vault O Proposed UG Small Vault ;♦ Proposed OH Pole ---------- Proposed UG Line 46 45 8 44 10 11 43 42 41 40 39 38 37 36 35 34 33 32 31 30 16 17 18 19 20 21 5D. 4554 DAKOTA COURT 4554 B4 L -a tee 9 r 31 OPEN SPACE RI 4554 KID VALLEY METR.,ITAN DISTRICT TRENCH, CONDUIT, AND VAULT AGREEMENT This agreement is made and entered into this day of , between CERISE RANCH LLC, A COLORADO LIMITED LIABILITY COMPANY, whose mailing address is 150 South Dahlia Street, Denver, Colorado 80246, hereinafter called "Owner", and Holy Cross Energy, a Colorado corporation whose mailing address is P. O. Drawer 21 50, Glenwood Springs, Colorado 81602, a Colorado Corporation, hereafter called "Holy Cross". WHEREAS, Holy Cross has been requested by the Owner to provide underground electric service within an easement traversing certain real property described as follows: a parcel of land situated in Sections 32 and 33, Township 7 South, Range 87 West of the 6th P.M. as more fully described in book 1209, at pages 872 and 888 of the Garfield County Courthouse, Glenwood Springs, Colorado; and WHEREAS, installation of such underground electric service will require trench and other excavations both within and outside of the above described project property; and WHEREAS, the Owner is required to provide all excavation, conduit and vault installation, backfill, compaction and cleanup needed to construct the required underground electric facilities. NOW THEREFORE, the Owner and Holy Cross agree as follows: 1 The Owner shall provide all excavation, conduit and vault installation, backfill, compaction and cleanup necessary for installation of underground electric service to the above mentioned project. Such excavation shall be located as shown on the construction drawing and performed as specified by Holy Cross. a. All excavation, both within and outside the above described project property, shall be within dedicated or conveyed and recorded utility easements. The top of all power facilities, excluding vaults, will be installed 48" below final grade. b. Holy Cross will supply the necessary conduit and vaults for installation by the Owner upon completion of contractual arrangements. Owner assumes responsibility for all material lost or damaged after such material has been issued to and signed for by Owner. Alternatively, Owner may provide its' own conduit and vaults meeting Holy Cross specifications for use on the project. After installation by the Owner, Holy Cross shall continue as the owner of the conduit, vaults and related structures and facilities. c. In the event that conduits or any other installation provided by Owner are found to be unusable or improperly constructed, irrespective of whether such discovery is made during or after installation, Owner will be responsible for correcting said problems at its expense as specified by Holy Cross and Owner shall reimburse Holy Cross for all additional costs resulting from said conduits or other installation being unusable or improperly constructed. 2. Despite the fact that Holy Cross reserves the right to specify acceptable excavation, the Owner shall perform work hereunder as an independent contractor, including, but not limited to, the hiring and firing of its own employees, providing its own tools and equipment, payment of all wages, taxes, insurance, employee withholdings, and fees connected with its work on the project. 3. The Owner shall obtain all necessary digging permits and utility locations prior to excavation. The Owner shall repair all damage caused during excavation promptly and at its expense. No excavation will be undertaken within five (5) feet of existing underground power lines except under the on site supervision of a qualified Holy Cross employee. 4. The Owner shall indemnify, save, and hold harmless Holy Cross, its employees and agents, against any and all loss, liability, claims, expense, suits, causes of action, or judgments for damages to property or injury or death to persons that may arise out of work performed hereunder. The Owner shall promptly defend Holy Cross whenever legal proceedings of any kind are brought against it arising out of work performed hereunder. In the event Owner shall fail to promptly defend Holy Cross, it shall be liable to Holy Cross, and shall reimburse it, for all costs, expenses and attorney fees incurred in defending any such legal proceeding. The Owner agrees to satisfy, pay, and discharge any and all judgments and fines rendered against Holy Cross arising out of any such proceedings. The above indemnification clause shall not apply to state and local governments or local service districts. In lieu thereof, whenever the Owner is a government or district it shall procure and maintain in effect at least $1,000,000 of public liability insurance covering the acts, damages and expenses described in the above indemnification clause. Upon Holy Cross' request, such an Owner shall furnish a Certificate of Insurance verifying the existence of such insurance coverage. 5. The Owner shall repair any excavation settlement and damage to asphalt paving or other surface improvements caused by such settlement resulting from work performed hereunder, both within and outside the above described project property, for a period of two (2) years from the date backfill and cleanup are completed. 6. In the event the Owner shall not promptly complete all of the obligations hereinabove agreed to be performed by Owner, Holy Cross may give written notice by registered or certified mail demanding Owner to complete the work and obligations undertaken by Owner herein, and if such is not completed within 30 days after receipt by Owner, Holy Cross may complete the work and obligations hereof. If Holy Cross shall be required to complete the work, all costs of completion shall be chargeable and collectible from the Owner. In the event that litigation is necessary to collect such obligation, Holy Cross shall be entitled to its reasonable attorney fees and costs of suit. 7. As set forth in paragraph 1 a above, Owner covenants that the trench, and all facilities within the trench shall be located within dedicated or conveyed and recorded utility easements and at the proper depth below finished grade. It shall be the obligation of the Owner to properly locate and construct the facilities within the easement. After completion of construction, if it should later be discovered that such facilities have not been properly located within dedicated or conveyed and recorded utility easements, it shall be the obligation of the Owner to provide new easements for the actual location of the facilities, or to relocate the facilities within the easement, all of which shall be at the sole cost and expense of the Owner. 8. The Owner covenants that it is the owner of the above described property and that said property is free and clear of encumbrances and liens of any character, except those held by the following: The promises, agreements and representations made by the Owner herein shall be covenants that run with the land and shall be binding upon the successors in interest, and assigns, of the property hereinabove described. Holy Cross Energy, a Colorado corporation By: Richard D. Brinkley, nager CERIS RANCH LL DO LIMITED LIABILITY COMPANY General Manager - Regulated Services W/0#00-17275:66-40:Cerise Ranch:1 1-16-00 da\Franke Revised 1-18-00 STATE OF :I) `SNC kD ss. COUNTY OF The fq instrument as acknowledged before me this ' 1 ,tlay of by %T� %- J�. as Manager of LIABILITY COMPAIJY. \ ' WITNESS my hand and official seal. My commission expires: 1 -,?J— STATE OF COUNTY OF , 20, A COLORADO LIMITED The foregoing instrument was acknowledged before me this day of 20_, by Richard D. Brinkley, General Manager - Regulated Services of Holy Cross Energy, a Colorado corporation. WITNESS my hand and official seal. My commission expires: W/O#00-17275:66-40:Cerise Ranch:1 1-16-00 Notary Public Address: Veda\Franke\Hope2 Revised 1-18-00 Ovv .y '•W.G.. .10 RECEIVED DEC 1 3 2000 CERISE RANCH WINTERGREEN HOMES, LLC BOX 978 • 970-949-5072 AVON, COLORADO 81620 PAY TO THE Garfield County Treasurer ORDER OF Eight Thousand Six Hundred Fifty -Four and 58/100*****************'************************************************* WESTSTAR BANK 0015 BENCHMARK RD., P.O. BOX 3219 AVON, CO 81620 (970) 949-5995 MECHANICS LIEN WAIVER By endorsing this check, payee waives and releases any mechanics lien rights which payee may have with respect to work performed or materials lumished by payee for which payment is made by this check. 82-311/1021 12/11/00 **8,654.58 MEMO Garfield County Treasurer c/o Garfield County Planning Dept. 109 8th Street Suite 303 Glenwood Springs, CO 81601 RE -1 school district impact fees 1/111110 CERISE RANCH Garfield County Treasurer [:] SECURITY FEATURES INCLUDED. DETAILS ON SACK. [1 1000 WG -Cerise Ranch # RE -I school district impact fees 5248 DOLLARS PAP 12/11/00 5248 8,654.58 8,654.58 ARFELD COUNTY TREASURER DATE RECEIVED: RECEIVED BY: TRANSACTION: PAYOR: CERISE RANCH SCHOOL 001 001 952 952 952 952 T00 T00 12/13/2000 JB 9001213081937 RE1SCHOOL 0000 1000 0400 0307 0442 0346 0442 1000 0442 1000 2210 0307 0000 1000 0000 2110 Submitted by Received by REFERENCE: CHECK 5248 & PARKSITE ACQ PAYABLE RE -1 0000 0000 (D) 0000 1330 (C) 1401 1380 (C) 1401 0000 (C) 1401 0000 (D) 1401 1330 (D) 0000 0000 (D) 0000 0000 (C) RECEIPT M0003486 AMOUNT 8,654.58 TOTAL RECEIVED GENERAL FUND - CASH IN BANK TREASURER FEES - MISC RECEIPTS SCHOOL ACQ RE -1 SCH ACQ RE -1 -CASH IN BANK SCH ACQ RE -1 -CASH IN BANK TREASURER FEE - MR TREASURER - CASH ON HAND DUE TO FUND TOTAL DISTRIBUTION 8,654.58 8,654.58 8,654.58 -s VECTRABANK Banking wherever, whenever you like IRREVOCABLE STANDBY LETTER OF CREDIT CONFIRMING BANK: Vectra Bank Colorado, National Association Telephone: 720-947-7148 Fax: 720-947-71 21 8000 E. Belleview Avenue, Suite A Greenwood Village, CO 80111 APPLICANT: BENEFICIARY: Cerise Ranch LLC Board of County Commissioners P.O. Box nc8 Garfield County, State of Colorado Avon, CO 81620 Suite 300, 109 Eighth Street Glenwood Springs, CO 81601 UP TO AN AGGREGATE AMOUNT OF U.S. $2324 Dollars Dear Sirs: We hereby issue our Irrevocable Standby Credit a of er U S. $ 165 0 56-6002 2 in your favor by for your of Cerise Ranch LLC for a sum or sums not exceedingtotal ional Association, draft(s) at sight drawn on Vectra 80111 a Bcompanied by the following documents: E. Belleview Avenue, Greenwood Village, CO 1. Beneficiary's Certificate, purportedly signed by one of its officials, reading: ion Improvement Age hereby certifythatubdivisilont , Phahas s 2, dated September, 2001,ccurred under the rswhich after proper Agreement, Cerise Ranch notice has been cured." 2. The original of this Letter of Credit. Partial drawings are permitted. Vectra ank All drafts drawn under this Credit mustbe marked: September 24Drawn , 2001"uandreach drawBi g must be endorsed on onal Association Credit No. 1651056-6002 dated Se p the reverse side of this original Credit. Authorized Signature Page 1 of 3 09/09/2003 01:23 9709499940 AAA Wintvreen To: Dawn Thompson From: Jeff Sponel CC: Dale Hope. Rose Celio, Paula Yunker, Timothy Thulson, & Art Kleinstein Dote: April 10, 2002 Re: Cerise Ranch Collateral Release File: 12,5 Via: Fax WINTERGREEN HOMES PAGE 02 memorandum Wintergreen Homes, LLC 77 Metcalf Rood, Box 1530 Avon, Colorado 81620 970/949.4120 Fax: 970/949-9940 This document may contain PQIVi,FGED and/or CONFIDENTIAL information intended ONLY for the use of the specific individual or entity named above. If you are not the intended recipient, you are hereby notified that any unauthorized dissemination or copying of this document or the iniormotion contained in it Is strictly prohlbited. If you have received this document in Error. please notify the sender at once by telephone and return the original document 10 the above address via the US Postal Service. Thank you. Attached please find a copy of an `Acknowledgement of Partial Satisfaction - Subdivision Improvements Agreement" from Garfield County. This reduces the collateral requirement to $5,000.00. The work of Phase 1 is complete, and the remaining $5,000.00 was to guarantee the completion of revegetation required in Phase 2. The leiter of Credit for Phase 1 may be reduced to $0.00 and Phase 2 reduced to $5,000.00. The revegetation in Phase 2 was completed last week, and I have asked Timothy Thulson (our attorney) to process a final release of the Subdivision Improvements Agreement with the County. If you have any questions, please call. 09/09/2003 01:23 9709499940 04/10/2002 13:20 FAX 19709459769 WINTERGREEN HOMES PAGE 03 l�001 LARRY GREEN BALCOMB & GREEN, P.C. Attorneys at Law P.O. Drawer 790 818 Colorado Avenue Glenwood Springs, CO 81601 TELEPHONE: (970) 945-6548 TELECOPIER: (970) 945.9769 FACSIMILE TRANSMISSION NOTE Date: # of Pages: April 10, 2002 2, including cover sheet To: Jeff Spanel FAX # 970-949-9940 From: Timothy A. Thulson In case of a problem call BRITT at (970) 945-6546 LAWRENCE R. GREEN'S TELECOPIER NUMBER IS 970-945-9769 BALCOMB & GREEN, P.C.'S MAIN TELECOPIER NUMBER IS 970-945.8902 Comments/Instructions: I enclose herewith all of the releases in satisfaction of the Subdivision Improvements Agreement for Cerise Ranch. As you will note, while these documents appear to release all of the amounts secured instant to the Cerise Ranch Subdivision (except for the $5,000.00 retained for revegetation) the releases do not distinguish between the SIA's for Phases 1 and 2. I believe that it would be appropriate to have executed with the County and Cerise Ranch, LLC a document confirming the releases as they relate to the applicable SIA's. This document could be generated fairly quickly and I believe could be presented to the Board of County Commissioners under their consent agenda (thus requiring no public hearing) and as such would be a fairly inexpensive proposition. Please call so we can discuss this matter further, THIS FACSIMILE TRANSMISSION IS CONFIDENTIAL The information contained in this facsimile message is protected by ATTORNEY/CLIENT AND/OR THE ATTORNEY/WORK PRODUCT PRIVILEGES. It is intended only for the use of the individual named above, and the privileges are not waived by virtue of this having been sent by facsimile. If the person actually receiving this facsimile or any other reader of the facsimile is not the named recipient, or the employee or agent responsible to deliver it to the named recipient, any use, dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, peace immediately notify us by telephone, and return the original message to tic at the above address via the U.S. Postal Service. Thank you. 63/09/2663 61:23 9769499946 WINTERGREEN HOMES 0470/2002 188:20 FAX 19709450789 11116141101111111 III41111111111111111 Ilt 11111 NIi 111 597588.02/2ef2ee2 3e:4OR e2338 P426 M atSDORF 1 at 3 R 0.8®Q ®.''' GARP1a COUNTY CO ACKNOWLEDGMENT OF PARTIAL SATISFACTION SUBDIVISION IMPROVEMENTS AGREEMENT LARRY GREEN PAGE 04 (4,002 KNOW ALL MEN BY THESE PRESENT that: WHEREAS, Wintergreen Homes, LLC (hereinafter "owner', entered into a Subdivision Improveaner;ts Agreement with the Board of County Commissioners of Garfield County, Colorado (hereinafter "Board"), recorded in Book 1221 at Page 922 as ReeeptionNo. 573539 ofthe Garfield County records on December 12, 2000. for the improvements of the Cerise Ranch subdivision; and WHEREAS, the obligations of the Owner have been satisfied, as verified in attached statement from Vernon 1). Hope, P. E., High Country Engineering, Inc. dated January 22, 2002, that work has been partially cornpleted 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 satisfaction ofthe Subdivision Improvements Agreement entered into by Owner and the Board for the release of security in the amount of S232,472.24 for work completed consistent with improvements descried iu the Subdivision Improvements Agreement, and retaining $5,000.00 fir the improvements remaining. STATE OF COLORADO )ss COUNTY OF GARFIELD ) The foregoing instrument was acknowledged before the this 6) day of 2002, by John Martin, as Chairman of the Board of County Commissioners of Garfield • , Colorado. By: :, ; gip., LAb 0909/2003 01:23 9703499940 WINTERGREEN HOMES LARRY GREEN 04/10/2002 13:21 FAX, 19709459769 11111111111111111 IIII 111111 Ill 11111111111 111111111111 89'1599 e2/2e/2eE2 10:4tP 81330 P427 M R.S OI F 2 of 3 R 0.0e D 0.00 6ARFIELD COUK�Y CO January 22, 2002 Mark can, County Platter Garfield County Building and Planning Depart -nem 109 8°Street, Suite 303 Glenwood Springs, CO 81601 RECEIVED JAN 2 s 2002 Re: Cerise Ranch — Release of Collateral For Phase 2 - Revised HCE Project No. 99054.03 Dear Marls: I am writing on behalf of Wintergreen Homes ("Owners"). In accordance with the terms of the Subdivision improvement Agreement (SIA) by and between the Owners and the Board of County Commissioners of Garfield County, each request for release of collateral must be signed by the Project Engineer, and shall certify that 1. All costs for which the release is being requested have been inputted in connection with the construction of the Improvements; 2. All work performed and materials supplied are in accordance with the plans and specifications; 3. All work has been performed in a workmanlike spanner; 4, No funds are being requested for work. not completed, or for materiels not installed or stored on site; and 5. The Project Engineer has inspected, approved and has certified that all such improvements have been constructed in accordance with the plans and specifications. Please consider this letter certification by the Project Engineer, High Country Engineering, Inc. (HCE), that all ofthe foregoing requirements have been mat.. Per the SIA the amount fair the public improvements and security held by the county is 5232,472.24. This phase of the project i.s'cbrplete; we are therefor requesting -that the 1 S17 Blake Avenue, Sie. 101 Glenwood Springs. CO 81601 phone 970 905.8676 • fax 970 945-2555 141mq:rneasDrive Eon $e D-136 Englewood, CO 80112 phone 303 925-0544 •far 303 925.0547 PAGE 05 11003 Gond Junction. CO 80501 phone 970 858-0933 fax 970 858-0775 09/09/2003 01:23 9709499940 04•%10/2002 19:21 FAX 19709459769 Mr. Mark Bean January 22, 2002 Page 2 security for the project be released in the amount of 5227,472.24. This leaves 55,000.00 in security for Revegetation which will remain in place for one year. Please contact me if you have any questions or need additional information. WINTERGREEN HOMES LARRY GREEN 1111111111111111111111111111111111i111181111111111111 0!75.99 02/2$/Z002 13:4iR 31330 P423 M ALSDORF 3 of 3 R 0.00 0 0.00 GRRFIE1.D COUNTY Co Sincerely, HIGH Cdt:t�" NJhTgJNFERING, INC. I = GOON• Cf��,'/! fi'rnJi ernda Y. HiRe . _ � J Prineifi,. JDH/blf i -/e4L E'r' +.N\,�� Enc. cc. Jeff Spanel, Wintergreen Homes Dale Hope, Wintergreen Homes Tim Thulson, Balcomb & Green PAGE 06 16004 09/09/2003 01:23 9709499940 WINTERGREEN HOMES 04/10/2002 13:21 FAX 19709459769 LARRY GREEN - .1111111111E1111 Ilia 11111 1111111 111 1111111111111 696005 01/22!2002 10/23A 01322 P631 M ALSDORF 1 of 3 R 0.00 D 0,00 GARFIELD COUN'T1' CO ACKNOWLEDGMENT OF SATISFACTION SUBDIVISION Th4PROVEMENTS AGREEMENT KNOW ALL MEN BY THESE PRESENT that: PAGE 07 4005 WHEREAS, Wintergreen Homes, LLC (hereinafter "owner"), enter into a Subdivision Improvements Agreement with the Board of County Commissioners of Garfield County, Colorado (hereinafter "Board"), recorded in Book 1221 at Page 922 as Reception No. 573 539 of the Garfield County records on December 12, 2000, for the improvements of the Cerise Ranch subdivision; and WHEREAS, the obligations of the Owner have been satisfied, as verified in attached statement from 'Vernon D. Hope, P. E., High Country Engineering, Inc. dated March 27, 2001, that work has been completed consistent with improvements described in the Subdivision Improvements Aunt. NOW THEREFORE, at the request of the Owner and m consideration of the premises and prior agreements, the Board hereby acknowledges the satisfaction of flu Subdivision Improvements Agreement entered into by Owner and the Board for the release of security in the amount of S191,731.40 for work completed consistent with improvements descrllbed in the Subdivision Improvements Agreement. STATE OF COLORADO ) COUNTY OF GARFIELD ) )ss The foregoing instrument was acknowledged before me this . day of cTietitru j}R V , 2002, by John Martin, as Chairman of the Board of County Commissioners of Garfield Couty, Colorado, • WITNESS wwy iaantj„ypii official seal. / ti eomxtketser ". glee ?. _ A / CaRA4 e•. Id County Clerk r, 09/09/2003 01:23 9709499940 WINTERGREEN HOMES 04)10/2002 13:21 FAX 19709459789 LARRY GREEN WRITENTIBPll111111111111lir111111111f11123A B132Z P832 M ALSDORF GARFIELO COUNTY CO January 10, 2002 �J rEL v:Al l0 t Mark Bean, County Planner Garfield County Building and Planning Department 109 8th Street, Suite 303 Glenwood Springs, CO 81601 Re; Cerise Ranch — Final Release of Collateral HCE Project No. 99054.03 Dear Mark: I am writing on behalf of Wintergreen Homes ("Owners"). In accordance with the terms of die Subdivision Innprovem nt Agreement by and between the Owners and the Board of County Connrnissioners of Garfield County, each request for partial release of collateral must be signed by the Project Engineer. and shall certify tbat 1. All costs for which the release is being requested have been incurred in connection with the construction of the Improvements; 2. All work performed and materials supplied are in accordance with the plans and specifications; 3. All work has been performed in a workmanlike manner; 4. No funds are being requested for work not completed, or for materials not installed or stored on site; and 5. The Project Engineer has inspected, approved and has certified that all such improvements have been constructed in accordance with the plans and specifications. Please consider this letter certification by the Project Engineer, High Country Engineering, Inc. (HCE), that all of the foregoing requirements have been met. Per the previous partial release the remaining amount of the public improvements is $191,731.40. Thus, leaving the amount of $ 191,731,40 to be released for the completion 1517 Blake Avenue, Ste, 101 Glenwood Springs, CO 81601 pke.e 970 945-8676 •fir 970645-2555 id Inverness Drive Eats, Ste. D-136 Englewvvat CO 80112 phoat 303 925-0544 . fire 303 925-0547 PAGE 0B 1J 006 Grand Junction, CO 80501 phone 970 8580933 • jax 970 858-0275 v9/A9/ 7RGt9 F17 ; ?9 9717194999cin 04/10/2002 13:22 FAX 19 0 451TO Mr. Mark Bean January 10, 2002 Page 2 of the project. The project is complete and this letter is requesting that the. security for the project be released in full. WINTEPGRFFN HOMES PAGE �9 L..RRY GREEN I� O07 11111 1110 11111(1M f 111 x!!101 �686s 01/22/2002 10:23A 81322 P633 M AL.SOORF 3 of 3 R 0.00 D 0.00 GARFIELD COUNTY CO Please contact me if you have any questions or need additional information. Sincerely, HIGH COUNTRY ENG ,I l(NC. Vemoza D. Hope, P.E. ". 3C�?9 Principal % aI JDH/blf ' f r -,'"r A.',_ Enc, cc. Jeff Spanel, Wintergreen Homes Dale Hope, Wintergreen Homes Tim Matson, Balcomb & Green 09/09/2003 01:23 9709499940 03/10/2002 13:22 FAX 19709459769 l it Il l IIIIII !I1 �1i1111 Ill I11ltll Il 11111 Ill SII a 7 30183/Ze01 53:40P 81292 P680 ti RSDGRF 1 of 3 R 0.00 0 O. CARP1ELD COUNTY Co LARRY GREEN WINTERGREEN HOMES PAGE 10 1Q1008 ACKMOWLEDGMENT OF PARTIAL SATISFACTION SUBDIVISION IMPROVEMENTS AGREEMENT KNOW ALL MEN BY THESE PRESENT that: WfIEREAS, Wintergreen Homes, LLC (hereinafter "owner"), entered intoe Subdivision Improvements Agrees with the Board of County Commissioners of Garfield County, Colorado (hereinafter "Board"), recorded in Book 122I at Page 922 as Reception No. 573539 of the Garfield County records on December 12, 2000, for the improvements of the Cerise Ranch subdivision; and WHEREAS, the obligations of the Owner have been satisfied, as verified in attached statement from Vernon D. Hope, P. E., LBO CouutryT._nginearing, Inc. dated September 10, 2001, that work has been partially completed consisumt with improvements descrr1ed in the Subdivision Crnprovenrnts Agreement. NOW T1iEREFORE, at the request of the Owner and in consideration of the premises and prior agreearents, the Board hereby aeknfowledges the eariattction of the Subdivision Improvements Agreement =wad into by Owner and the Hoard kr the release of sccwity in the amount of 31,057,391.11 for work completed consistent with improvements described in the Subdivision Improvements Agteemertl, and retaining ,131.40 for the improvements remaining. STATE OF COLORADO ) )ss COUNTY OF GARFIELD ) By: The foregoing instrument was acknowledged before me this , 2001, by John Martin, as Chairman of the Board of Count,, GarSetd Comity, Colorado. ,' S -d= tJ= WITNESS my hand and official seal. Garfield County Clerk. 09/09/2003 01:23 9709499940 04/10/2002 13:22 FAX 19709459769 WINTERGREEN HOMES LARRY GREEN 1 IIIIG Ip1! ILI1111! Ef 1IIl1III I P NI 11111 II1I1111 580447 10I 2/01 ®ah46P 91241 P$81 13 ALSDORF 2 of a R 0.000 p.00 GARP1EI,o COUNTY co September 10, 2001 Mark Bean, County Planner Garfield County Building and Planning Department 109 8Street, Suite 303 Glenwood Springs, CO 81601 Rom Cerise Ranch — 2°0 Partial Release of Collateral I4CE. Project No. 99054.03 Dear Mark: 1 am writing on behalf of Wintergreen Homes ("Owners"). In accordance with the terms of the Subdivision Improvement Agreement by and between the Owners and the Board of County Commissioners of Garfield County, each request for partici! release of collateral rouabc signed by the Project Engineer, and grail certify their 1. Ail costs for which the release is being requested have been incurred in connection with the construction of the Improvements; 2. Al! work performed and materials supplied aro in accordance with the plans and specifications; 3. All work has been performed in a workmanlike manner; 4. No funds ane being =quested for work not eettlpleted, or for materials not installed or stored on site; and 5. The Project Engineer has inspected, approved and hoa certifier) slyer all such improvements have been constructed in accordance with the plans and specifications. Please consider this letter certification by thc Penjoct Engineer; High Country Engineering. Inc, (ECE), that all of the foregoing requirements have been met ip to thc dabs of this request. The June 2001 Payment Request from DAT2 Constmetion is auaebcd hcraty and incorporated herein by reference. 'these four (4) invoices total $446,866.88. Per the last partial release the remaining amount of the public improvements was $ 1,249,122.51. The DRT2 pay request indicates a 'Total Completed and Stored to .Date"in the amount of $1,904,257.99. There have been $ 341,74550 in change orders that were not secured, however DRT2 has only completed S200,000 of the change orders to date. Therefore, only $200,000.00 of the change orders are part of this pay request. Reducing the total completed by the amount previously released amount ($ 646,866.88) and the change orders completed to date 923 Oatyer A.eaat Gfr,,w ed Springs. COJ21ie1 plume 910 9as.86hr •lar %a t451s55 tf Samwnrr Prue Zgu. 9m &Ifr male►eo{ QO 90711 phew 3E3 9J54144./ 309 acjUISt1 PAGE 11 ia000 09/09/2003 01:23 9709499940 04/10/2002 13:22 FAX. 19709459769 Mr, Mark Bean September 10, 2001 Page 2 WINTERGREEN HOMES LARRY GREEN 1 II1o1 el l IIiI 111 11111IH III (11111111111111111 Illi 89447 1 02/2001 e3.g8p 01291 P582 1 nLSpORf 3 of 3 R 0.00 0 0.90 GRAFIEL0 COUNTY CO (5200,000.00) brings the amount of this request kr release to S 1,057,391.11. This is detailed below: S 1,904,257.99 $ - 200,000,00 S- 666.gg S 1457,391.11 Total Completed and Stored to Date Less Completed rJnsmtred Change Orders Loss Previously Released Amount Total Release Amount Thus, leaving the amount of$ 191,731.40 to complete the reminder of the public improvements. This letter is requesting that the security for she projoct be reduced to this amount. Please contact me if you have any questions or ntxd additional information. Sincerely, „..0Ntttt 1l INEERR4G, INC. �uarl oN�,� i„ 14Pt ttU.. EnG ce. Jeff span!; Wirttergree, Homes Dale Nope, Wintergreen homes Tim Tbulson, 8alcomb & Green PAGE 12 [6010 09/09/2003 01:23 9709499940 04,110/200213:23 FAX 19709459769 LARRY GREEN WINTERGREEN HOMES PAGE 13 2011 1 tIIlll III 11111111111111111111111111191111111E 1111 578207 04/18/2001 02:17P 51245 P410 M ALSDORF 1 of 3 R 0.00 D 0.00 GPRFa£LD COUNTY CO ACKNOWLEDGMENT OF PARTIAL SATISFACTION SUBDIVISION IMPROVEMENTS AGREEMENT KNOW ALL MEN BY THESE PRESENT that: WHEREAS. WintergreenHomes, LLC (hereinafter "owner"). entered into a Subdivision Improvements Agreement with the Board of County Commissioners of Garfield County, Colorado (hereinafter "Beard"), recorded in Book 1221 et Page 422 as Reception No 573539 of the Garfield County records on December 12, 2000, for the improvements of the Cerise Ranch subdivision; and WFtEREAS, the obligations of the Owner have been satisfied, as verified in attached statement from Vernon D. Hope, P. E., High Country Engineering, Inc. dazed Mach 27, 2001, tbaz work has been partially completed consistent with improvements described int the Subdivision Improvements Agreement NOW T} EREFOR.E, at the request of the Owner and in consideration of the premises and prior agreements, the Board hereby acknledges the satisfaction of the Subdivision Improvements Agreement entered into by Owner and the =card for the release •f county in the amount of $923,705.00 for work completed consistent : improvem » s de - ibed in the Subdivision Improvements ,Agreement, and retaining 51,249.122. for the ', prOvemems r STATE OF COLORADO ) )so COUNTY OF GARFIELD ) The foregoing instrument was acknowledged before esc this �•A.14,, day of J 2001, by John Martin, as Chairman of the Board of County Commissioners of eld unty, Colorado. By; WITNESS my hand and official seal. My commission expires N'f! 09/09/2003 01:23 9709499940 04/10/2002 13:23 FAX 19709459769 March 29, 2001 WINTERGREEN HOMES LARRY GREEN RECEIVED MAR 2 8 2001 11 illi 1I1��l21 1111111111111111 }I{ 11111 IN11t11 2of 3R0.0000.00t:ARFIELDCOU$'[Yco Mark Bean. County Planner Garfield County Building and Planning Department 109 8's Stroct, Suitc 303 Glenwood Springs, CO 81401 Rc Cerise Ranch - Partial Release of Collateral - Revised HCE Project No. 9905403 Dear Mark: 1 am writing on behalf of Wintergreen Hoses ('Owners"). In atmonlance with the terms of the Subdivision Improvement Agreement by and between the Owners and the card of Counry Commissioners of Garfield County. ascii lupuaet for partial reloaae of collateral must he signed by thc Project Engineer. and shall certify that 1. All corp for which the release is being requstcd have been incurred in connection with thc construction of the Improvements: 2. All work performed and materials supplied arc is accordance wish the plans and specifications; 3. All work has been performed in a woakmanliire manner. 4. No funds are being requested for work not completed, or for materials not iastalled or stored on site; and 5. The Project Engineer has inspected. approved and has certified that all such improvements have been constructed in accordance with the plans and spcciloarions. Please consider this letter certifcation by the Project Engineer, High Country Eagizsecriu8, lite. (HCE'), that all of the foregoing requirements is have been met tip to the dale of this request. The October & November 2000 and January & March 2001 Payment Requests from DJa Construction is attached hereto and incorporated herein by reference. These four (4) invoices total 5646,866.88. Also included with this request is the contract for 5242,000.00 with Holy Cross Energy for electric service. In the SIA. the cost for electric was an estimate. The actual cost for the electric in lower than the S26S,I70.00 shown in the estimate. This release will request the higher amount be released. We have also Included the contract for Qwest in the emount of St5,3l 4.00. The SIA 927 Coop.. Nerve aten►.eof Spew CO 81641 Nona 970 ads4d7a ..Ian fl8 94S.2SJ1 14 tartwousIbtre 8we s.411 -III J:nt! woe4, CO IOU Mone NO 9210544 •fax XI 9a3.O547 PAGE 14 1¢1012 09/09/2003 01:23 9709499940 04i1012002 13:23 FAX 19709459769 LARRY GREEN Mr. Mark Bean March 27, 2001 Page 2 WINTERGREEN HOMES 1101111 IINI 1111111111)1 I IIR 111IIIB11911111 ILII INI 5?11295 34116/21 02.17P 8124 P412 Ii aLSO0RP 3 of 3 P 0.00 0 0.00 catnap =MITT CO estimated this cost at 59.002.00. This release requests the higher amount be rcieased 771e original amount of the Construction Costs for Public improveanenrc was S2,177.,$27.51 per the Engineers Estimate of Probable Construction Cost dated October 12, 2000, However, based on the new tank locations a new Engineers Estimate of Probable Construction Cost dated Januar' 17, 2001 was submitted to the County- This estimated the construction eoSt at $2,170,161.39 for a difference of $2,666.12. This difference will be requested in this release as well. We are requesting the funds in the amount of $923,705.00 be released end considered campie e. This amount was reached ae follows! S 646,$66.88 T3,14.T2 Invoices S 265, 00.00 70.00 Electric $ 9,002.00 Phone S 2.666.12 Revised Cost Estimate Difference $ 923,705.00 Total Release Amount Thus, leaving the amount o1 $1,249,12251 to coatpletc the remainder of rho public improvements. please eontoet tie if you Laws any questions or need edditioeal information. Sineermy, Hx3i3 CO `TzwiiNGINEER1NO, INC, 1Lyo�aDe FQit�� W' t yogi VctJronme'Hopc,P. lf,, Pri est 309,29 —• Enc. cc. Jeff Spanel, Wintergreen Homes Dale Hope, Wintergreen Homes Tim Matson, Baleomb t Green PAGE 15 4013 1E111111111111 111111 1111111IIIIIIII1111111111111111 579295 04/16/2001 02:17P B1245 P470 M ALSDORF 1 of 3 R 0.00 D 0.00 GARFIELD COUNTY CO ACKNOWLEDGMENT OF PARTIAL SATISFACTION SUBDIVISION IMPROVEMENTS AGREEMENT KNOW ALL MEN BY THESE PRESENT that: WHEREAS, Wintergreen Homes, LLC (hereinafter "owner"), entered into a Subdivision Improvements Agreement with the Board of County Commissioners of Garfield County, Colorado (hereinafter "Board"), recorded in Book 1221 at Page 922 as Reception No. 573539 of the Garfield County records on December 12, 2000, for the improvements of the Cerise Ranch subdivision; and WHEREAS, the obligations of the Owner have been satisfied, as verified in attached statement from Vernon D. Hope, P. E., High Country Engineering, Inc. dated March 27, 2001, that work has been partially 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 ackno ledges the satisfaction of the Subdivision Improvements Agreement entered into by Owner and the : oard for the release of security in the amount of $923,705.00 for work completed consistent .. improveme s des ribed in the Subdivision Improvements Agreement, and retaining $1,249,122, for the i provements r-maining. STATE OF COLORADO ) )ss COUNTY OF GARFIELD ) By: The foregoing instrument was acknowledged before me this , 2001, by John Martin, as Chairman of the Board of County Commissioners of Ga eld County, Colorado. day of WITNESS my hand and official seal. My commission expires N/ rl/Gfs' �OUNlA �r�NG/NEfiP/NG March 27, 2001 RECEIVED MAR 2 8 2001 111111111111111111111111111111111111111 111 1111111111111 579295 04/16/2001 02:17P B12 2 of 3 R 0.00 D 0.00 GARFIELD COUNTY CO Mark Bean, County Planner Garfield County Building and Planning Department 109 8th Street, Suite 303 Glenwood Springs, CO 81601 Re: Cerise Ranch — Partial Release of Collateral - Revised HCE Project No. 99054.03 Dear Mark: I am writing on behalf of Wintergreen Homes ("Owners"). In accordance with the terms of the Subdivision Improvement Agreement by and between the Owners and the Board of County Commissioners of Garfield County, each request for partial release of collateral must be signed by the Project Engineer, and shall certify that: 1. All costs for which the release is being requested have been incurred in connection with the construction of the Improvements; 2. All work performed and materials supplied are in accordance with the plans and specifications; 3. All work has been performed in a workmanlike manner; 4. No funds are being requested for work not completed, or for materials not installed or stored on site; and 5. The Project Engineer has inspected, approved and has certified that all such improvements have been constructed in accordance with the plans and specifications. Please consider this letter certification by the Project Engineer, High Country Engineering, Inc. (HCE), that all of the foregoing requirements have been met up to the date of this request. The October & November 2000 and January & March 2001 Payment Requests from DRT2 Construction is attached hereto and incorporated herein by reference. These four (4) invoices total $646,866.88. Also included with this request is the contract for $242,000.00 with Holy Cross Energy for electric service. In the SIA, the cost for electric was an estimate. The actual cost for the electric is lower than the $265,170.00 shown in the estimate. This release will request the higher amount be released. We have also included the contract for Qwest in the amount of $6,314.00. The SIA 14 Inverness Drive East, Ste B-144 Englewood, CO 80112 phone 303 925-0544 • fax 303 925-0547 923 Cooper Avenue Glenwood Springs, CO 81601 phone 970 945.8676 • fax 970 945.2555 1 1111111111111111111111111111 11 111111111111111111111111 Mr. Mark Bean March 27, 2001 Page 2 estimated this cost at $9,002.00. This release requests the higher amount be released. The original amount of the Construction Costs for Public Improvements was $2,172,827.51 per the Engineers Estimate of Probable Construction Cost dated October 12, 2000. However, based on the new tank locations a new Engineers Estimate of Probable Construction Cost dated January 17, 2001 was submitted to the County. This estimated the construction cost at $2,170,161.39 for a difference of $2,666.12. This difference will be requested in this release as well. We are requesting the funds in the amount of $923,705.00 be released and considered complete. This amount was reached as follows: 579295 04/15/2001 02:17P B1245 P472 M ALSDORF 3 of 3 R 0.00 D 0.00 GARFIELD COUNTY CO $ 646,866.88 DRT2 Invoices $ 265,170.00 Electric $ 9,002.00 Phone $ 2,666.12 Revised Cost Estimate Difference $ 923,705.00 Total Release Amount Thus, leaving the amount of $1,249,122.51 to complete the remainder of the public improvements. Please contact me if you have any questions or need additional information. Sincerely, HIGH COUNTI y ENGINEERING, INC.II Vesi�oni): Hope, P.E.. Pri41 30939 `' • JDH9):40, • , • 04' • Enc. cc. Jeff Spanel, Wintergreen Homes Dale Hope, Wintergreen Homes Tim Thulson, Balcomb & Green 1111111111111111111111111111111111111111111111111111111 589447 10/02/2001 03:46P B1291 P680 M ALSDORF 1 of 3 R 0.00 D 0.00 GARFIELD COUNTY CO ACKNOWLEDGMENT OF PARTIAL SATISFACTION SUBDIVISION IMPROVEMENTS AGREEMENT KNOW ALL MEN BY THESE PRESENT that: WHEREAS, Wintergreen Homes, LLC (hereinafter "owner"), entered into a Subdivision Improvements Agreement with the Board of County Commissioners of Garfield County, Colorado (hereinafter 'Board"), recorded in Book 1221 at Page 922 as Reception No. 573539 of the Garfield County records on December 12, 2000, for the improvements of the Cerise Ranch subdivision; and WHEREAS, the obligations of the Owner have been satisfied, as verified in attached statement from Vernon D. Hope, P. E., High Country Engineering, Inc. dated September 10, 2001, that work has been partially 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 satisfaction of the Subdivision Improvements Agreement entered into by Owner and the Board for the release of security in the amount of $1,057,391.11 for work completed consistent with improvements described in the Subdivision Improvements Agreement, and retaining '. `1,731.40 for the improvements remaining. STATE OF COLORADO ) COUNTY OF GARFIELD ) The foregoing instrument was acknowledged before me this 15 ! ' y' „ ©c:ii , 2001, byJohn Martin, as Chairman of the Board of County C, oilers 6:f r." c7 )ss By: Cha' Garfield County, Colorado. WITNESS my hand and official seal. ,Y ) ‘Z; CQ Garfield County Clerk10 U � 53) �iYG/NE�,p/.i/G 1111111 11111 111111 13111111 1111111111111 11111 11111111 589447 03:46P B1291 P681 M ALSDORF 2 of 3 R 0.00 D 0.00 GARFIELD COUNTY CO September 10, 2001 Mark Bean, County Planner Garfield County Building and Planning Department 109 8th Street, Suite 303 Glenwood Springs, CO 81601 Re: Cerise Ranch — 2"d Partial Release of Collateral HCE Project No. 99054.03 Dear Mark: I am writing on behalf of Wintergreen Homes ("Owners"). In accordance with the terms of the Subdivision Improvement Agreement by and between the Owners and the Board of County Commissioners of Garfield County, each request for partial release of collateral must be signed by the Project Engineer, and shall certify that: 1. All costs for which the release is being requested have been incurred in connection with the construction of the Improvements; 2. All work performed and materials supplied are in accordance with the plans and specifications; 3. All work has been performed in a workmanlike manner; 4. No funds are being requested for work not completed, or for materials not installed or stored on site; and 5. The Project Engineer has inspected, approved and has certified that all such improvements have been constructed in accordance with the plans and specifications. Please consider this letter certification by the Project Engineer, High Country Engineering, Inc. (HCE), that all of the foregoing requirements have been met up to the date of this request. The June 2001 Payment Request from DRT2 Construction is attached hereto and incorporated herein by reference. These four (4) invoices total $646,866.88. Per the last partial release the remaining amount of the public improvements was $ 1,249,122.51. The DRT2 pay request indicates a "Total Completed and Stored to Date" in the amount of $1,904,257.99. There have been $ 341,745.50 in change orders that were not secured, however DRT2 has only completed $200,000 of the change orders to date. Therefore, only $200,000.00 of the change orders are part of this pay request. Reducing the total completed by the amount previously released amount ($ 646,866.88) and the change orders completed to date 923 Cooper Avenue Glenwood Springs, CO 81601 phone 970 945-8676 • far 970 945-2555 14 Inverness Drive East, Ste B-144 Englewood, CO 80112 phone 303 925-0544 • fax 303 925-0547 Mr. Mark Bean September 10, 2001 Page 2 1 1111111111111111111111111111 111 IIIIIII 111 11111 1111 IIII 03:46P B1291 P682 M ALSDORF 3 of 3 R 0.00 D 0.00 GARFIELD COUNTY CO ($200,000.00) brings the amount of this request for release to $ 1,057,391.11. This is detailed below: $ 1,904,257.99 $ - 200,000.00 $ - 646,866.88 $ 1,057,391.11 Total Completed and Stored to Date Less Completed Unsecured Change Orders Less Previously Released Amount Total Release Amount Thus, leaving the amount of $ 191,731.40 to complete the remainder of the public improvements. This letter is requesting that the security for the project be reduced to this amount. Please contact me if you have any questions or need additional information. Sincerely, `%\‘‘\\t1 HICst1 1Q NGMEERING, INC. •°N 0. • '� �(TVA,/ y---- Pyifpal -,a- • .LJ JDHPN "Vir'NAL ET"-. k% Enc. cc. Jeff Spanel, Wintergreen Homes Dale Hope, Wintergreen Homes Tim Thulson, Balcomb & Green ACKNOWLEDGMENT OF PARTIAL SATISFACTION SUBDIVISION IMPROVEMENTS AGREEMENT KNOW ALL MEN BY THESE PRESENT that: WHEREAS, Wintergreen Homes, LLC (hereinafter "owner"), entered into a Subdivision Improvements Agreement with the Board of County Commissioners of Garfield County, Colorado (hereinafter "Board"), recorded in Book 1221 at Page 922 as Reception No. 573539 of the Garfield County records on December 12, 2000, for the improvements of the Cerise Ranch subdivision; and WHEREAS, the obligations of the Owner have been satisfied, as verified in attached statement from Vernon D. Hope, P. E., High Country Engineering, Inc. dated September 10, 2001, that work has been partially 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 satisfaction of the Subdivision Improvements Agreement entered into by Owner and the Board for the release of security in the amount of $1,057,391.11 for work completed consistent with improvements described in the Subdivision Improvements Agreement, and retaining $191,731.40 for the improvements remaining. STATE OF COLORADO ) )ss COUNTY OF GARFIELD ) By: Chairman The foregoing instrument was acknowledged before me this day of , 2001, by John Martin, as Chairman of the Board of County Commissioners of Garfield County, Colorado. WITNESS my hand and official seal. Garfield County Clerk September 10, 2001 Mark Bean, County Planner Garfield County Building and Planning Department 109 8th Street, Suite 303 Glenwood Springs, CO 81601 Re: Cerise Ranch — 2"d Partial Release of Collateral HCE Project No. 99054.03 Dear Mark: I am writing on behalf of Wintergreen Homes ("Owners"). In accordance with the terms of the Subdivision Improvement Agreement by and between the Owners and the Board of County Commissioners of Garfield County, each request for partial release of collateral must be signed by the Project Engineer, and shall certify that: 1. All costs for which the release is being requested have been incurred in connection with the construction of the Improvements; 2. All work performed and materials supplied are in accordance with the plans and specifications; 3. All work has been performed in a workmanlike manner; 4. No funds are being requested for work not completed, or for materials not installed or stored on site; and 5. The Project Engineer has inspected, approved and has certified that all such improvements have been constructed in accordance with the plans and specifications. Please consider this letter certification by the Project Engineer, High Country Engineering, Inc. (HCE), that all of the foregoing requirements have been met up to the date of this request. The June 2001 Payment Request from DRT2 Construction is attached hereto and incorporated herein by reference. These four (4) invoices total $646,866.88. Per the last partial release the remaining amount of the public improvements was $ 1,249,122.51. The DRT2 pay request indicates a "Total Completed and Stored to Date" in the amount of $1,904,257.99. There have been $ 341,745.50 in change orders that were not secured, however DRT2 has only completed $200,000 of the change orders to date. Therefore, only $200,000.00 of the change orders are part of this pay request. Reducing the total completed by the amount previously released amount ($ 646,866.88) and the change orders completed to date 923 Cooper Avenue Glenwood Springs, CO 81601 phone 970 945-8676 • fax 970 945-2555 14 lnverness Drive East, Ste B-144 Englewood, CO 80112 phone 303 925-0544 • jar 303 925-0547 Mr. Mark Bean September 10, 2001 Page 2 ($200,000.00) brings the amount of this request for release to $ 1,057,391.11. This is detailed below: $ 1,904,257.99 $ - 200,000.00 $ - 646,866.88 $ 1,057,391.11 Total Completed and Stored to Date Less Completed Unsecured Change Orders Less Previously Released Amount Total Release Amount Thus, leaving the amount of $ 191,731.40 to complete the remainder of the public improvements. This letter is requesting that the security for the project be reduced to this amount. Please contact me if you have any questions or need additional information. Sincerely, HIG I IQ'1 /SNGINEERING, INC. mo• oNo. > ye on �'• P.l,' P it ipal ',a: JDH%b� Enc. cc. Jeff Spanel, Wintergreen Homes Dale Hope, Wintergreen Homes Tim Thulson, Balcomb & Green John A. Thulson Edward Mulhall, Jr. Scott Balcomb Lawrence R. Green Timothy A. Thulson Lori J. M. Satterfield Edward B. Olszewski David Sandoval Christopher L. Geiger Anne Marie Callahan Balcomb & Green, P.C. Attorneys at Law P. 0. Drawer 790 818 Colorado Avenue Glenwood Springs, Colorado 81602 Telephone: 970.945.6546 Facsimile: 970.945.8902 February 23, 2001 RECEIVED FEB 2 3 2001 Of Counsel: Kenneth Balcomb Mark Bean Garfield County Building and Planning Department 109 8th Street Glenwood Springs, CO 81601 RE: Cerise Ranch Subdivision, Phase I/Application for Expedited Preliminary Plan Amendment/Request for Partial Release of Letter of Credit Dear Mark: Relevant to the above referenced matter, I provide herewith for your review, the following identified documents with my comments thereto, which I believe complete the Application for the Preliminary Plan Amendments necessary for Cerise Ranch, LLC to relocate its water tank within the subdivision. Although many of these documents have previously been forwarded to you, I have included three complete packages herewith. These documents are as follows: 1. First Amendment to Subdivision Improvements Agreement - this Amendment will: a. Incorporate all revised construction and design requirements appurtenant to the construction of the relocated water tank, access road and pump house facility and incident to the same, incorporate all representations made by the Owner which are either incorporated in this Application or made at the anticipated Public Hearing before the Board of County Commissioners; b. Consistent with the revised construction and design documents, update the estimated costs to be incurred incident to said construction (Exhibit A of the Amendment). As we discussed, relocating the water tank to the proposed new location will actually result a cost savings of $2,424.25 (see Mark Bean February 23, 2001 Page 2 breakdown identified below); accordingly, the letter of credit posted in accordance with the estimated costs contained within the original SIA remains adequate. Michael Erion has reviewed these revised costs and has approved the same in his letter to you dated February 6, 2001, a copy of which is identified below and provided herewith; c. Require the Owner to vacate the existing easement at the original water tank site and convey a new access and utility easement to the homeowners association at the new site. This vacation and conveyance will be conveyed by the Quit Claim Deeds identified below and provided herewith. 2. Quit Claim Deed from the Cerise Ranch Property Owners Association, Inc. to Cerise Ranch Company, LLC — as discussed above, this Quit Claim Deed will vacate the existing easement at the original water tank location. 3. Quit Claim Deed from Cerise Ranch Company, LLC to the Cerise Ranch Property Owners, Inc. — as discussed, this Quit Claim Deed will provide the property owners association with the access necessary to service and maintain the water tank at its new location. 4. Cerise Ranch Grading and Drainage plan sheet 9 of 25 (Revised 10 -Jan -01) prepared by High Country Engineering, Inc. 5. Cerise Ranch Master Utility Plan sheet 20 of 25 (Revised 10 -Jan -01) prepared by High Country Engineering, Inc. 6. Cerise Ranch Pumphouse Design sheet W-1 (revised) prepared by Zancanella and Associates, Inc. 7. Architectural Design for the Cerise Ranch Pump House sheet A-3.1 prepared by Architectural Group, P.C. 8. Architectural Design for Cerise Ranch Pump House sheet A-4.1 prepared by Architectural Group, P.C. 9. Cerise Ranch Water Tank Screening Plan prepared by High Country Engineering, Inc. 10. HP Geotech Interim Report - addressing the subsoil study for foundation design for the new water tank location. This incomplete study formed the basis for Michael Erion's initial review report of February 6, 2001 and the comment that a "compete geotechnical report should be required prior to any approval." Mark Bean February 23, 2001 Page 3 11. Correspondence from Michael Erion to Mark Bean of February 6, 2001 - addressing his review of the engineered materials submitted as part of this application. With regard to Michael's letter, I would note that under the heading "Cost Estimates," Michael questions why the revised costs did not include the cost for backup power generator. It is my understanding in this regard that a backup generator would only be required if requested by the Carbondale Rural and Fire Protective District. As explained to me, the present design will allow a tanker truck to hook directly to the system, thus obviating the need for any such backup system. As is evidence in his correspondence of February 17, 2001, Bill Gavette of the Carbondale & Rural Fire Protection District has approved this design. As discussed above, when Mr. Erion drafted this correspondence he had yet to receive the completed subsoil study from HP Geotech. Michael has since been provided a copy of this completed report (identified and provided below); in my discussions with him regarding the same, Michael has related to me that he had no outstanding concerns regarding this study and that it appeared satisfactory to him. As of this writing, I have not yet been provided with a written copy of Michael's regard. 12. HP Geotech SUBSOIL STUDY FOR FOUNDATION DESIGN, PROPOSED WATER STORAGE TANK NEAR EAST END OF LARSPUR DRIVE, CERISE RANCH, GARFIELD COUNTY, COLORADO (January 30, 2001) 13. Correspondence from Bill Gavette, regarding review by Carbondale & Rural Fire Protection District of Cerise Ranch Water Tank Relocation. (17 -Feb -01) I have also provided herewith for your review (3) copies of the Request for Partial Release of Collateral originally filed in your office on December 16, 2000 (which request was subsequently rescinded by letter dated January 16, 2001. As we discussed and as is represented above, that proposed change of water tank location will result in a cost savings as compared to the construction costs originally collateralized under the original SIA. I have attached herewith for your review a comparison prepared by High Country Engineering, Inc. highlights the differences in these construction cost estimates. Given that the original letter of credit is as such more than adequate to ensure construction of all Phase 1 public improvements (including the relocated water tank) I would by this letter renew the our request for the County to process this collateral reduction request. Mark Bean February 23, 2001 Page 4 Your cooperation in this regard has been greatly appreciated. If you should have any questions or concerns, please feel free to contact me at your convenience. TAT:nmk Enclosures Very truly yours, BALCOMB & G11' N, OPimoe` y A. Thulson By Upon recording return to: Garfield County Dept. of Build and c/o Jeff Laurien 109 8`'h Street Glenwood Springs, CO 81601 /l ( c d 5735.9 / /r2 -/wood Planning Wintergreen Homes, LLC c/o Tim Thulson P.O. Box 790 Glenwood Springs, CO 81602 SUBDIVISION IMPROVEMENTS AGREEMENT Cerise Ranch Subdivision Phase 1 THIS AGREEMENT is made and entered into this day of , 2000 by and between the WINTERGREEN HOMES, LLC., a Colorado limited liability company (hereinafter "Owner") and the BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, STATE OF COLORADO, (hereinafter "County"). WITNESSETH: WHEREAS, Owner is the owner and developer of certain real property located within Garfield County, Colorado, known as the Cerise Ranch Subdivision more particularly described on Exhibit A, attached hereto and incorporated herein by this reference. WHEREAS, approval for the preliminary plan for the Cerise Ranch Subdivision was obtained under the terms and conditions set forth in County Resolution No. 2000-73; and WHEREAS, the Preliminary Plan approval contemplated development of the Cerise Ranch Subdivision in phases; and WHEREAS, Owner has submitted to the County for its approval the Final Plat for Phase 1 of the Cerise Ranch Subdivision (hereinafter "Final Plat") for a portion of the property ("Subdivision") lying within the Cerise Ranch Subdivision, more particularly described in said Final Plat and set forth in Exhibit B attached hereto and incorporated by reference; and 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 hereinbelow. NOW, THEREFORE, for and in consideration of the premises and the following mutual covenants and agreements, the parties hereby agree as follows: Subdivision Improvements Agreement Cerise Ranch Subdivision 16 -Oct -00 Page 1 1. 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. 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 the Final Plat which are required to be constructed by County Resolution No. 2000-73, this Agreement, the Final Plat, and all Garfield County Zoning and Subdivision Regulations. These improvements shall be completed on or before the October 31, 2001. Additionally, the Owner shall comply with the following: A. all plat documents, if any, submitted prior to or at the time of the final plat approval, including the terms of the certification for improvements completed prior to the date hereof, which plat documents are incorporated herein by reference, and made a part of this agreement; B. all requirements of County Resolution No. 2000-73, including all requirements of the Garfield County Zoning Code and Garfield County Subdivision Regulations, as they relate to Phase 1 of the Cerise Ranch Subdivision C. all laws, regulations, orders and resolutions of the County of Garfield, State of Colorado, and affected special districts; and 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, but are not limited to the following: (1) water supply and distribution system for Phase 1 of the Cerise Ranch Subdivision, as more particularly described within the plans submitted as part of the Final Plan and identified as: Master Utility Plan (H.C.E. Sheets 19 and 20); Water Detail Sheet (H.C.E. Sheet 24): Pump House Design - Zancanella and Association (Sheet W1); and Water Storage Tank - Zancanella and Associates (Sheet W2). Owner shall paint in colors consistent with the background terrain, the 300,000 gallon water tank to be constructed under said plans and shall utilize appropriate berming and landscaping to minimize the water tanks' visual impacts. and Subdivision Improvements Agreement Cerise Ranch Subdivision 16 -Oct -00 Page 2 and (2) internal roads, drainage features and utility structures, as more particularly described in the plans submitted as part of the Final Plat and identified as: Grading and drainage plan (H.C.E. Sheets 8 and 9); Cerise Ranch Road, Sunflower Loop and West Roundabout Plan and Profile (Sheet 10); Sunflower Loop Plan and Profile (Sheet 11); Cerise Ranch Road Plan and Profile (Sheet 12); Water Tank Access Road and Profile (Sheet 13); Larkspur Drive Plan and Profile (Sheet 14); Larkspur Drive Plan and Profile (Sheet 15); Larkspur Drive Plan and Profile (Sheet 16); Bluestem Court and East Roundabout Plan and Profile (Sheet 17); Bluestem Court and Plan and Profile (Sheet 18); Harris Lateral Extension - Zancanella and Associates (Sheet W3); and Harris Siphon Professional and Details - Zancanella and Associates (Sheet W4). (3) all improvements to Colorado Highway 82 and its intersection with the Cerise Ranch access road (Road A), as more particularly described in the plans submitted as part of the Final Plat and identified as: Highway 82 Improvements Grading and Drainage (Sheet 21); Highway 82 Improvements Site Plan (Sheet 22); and Highway 82 Improvements Sign and Striping Plan (Sheet 23). 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 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 $2,172,827.51, which is the estimated cost for completion of the subdivision improvements related to Phase 1 of the Cerise Ranch Subdivision as set forth and certified by a licensed engineer on Exhibit C attached hereto, minus the cost of Subdivision Improvements Agreement Cerise Ranch Subdivision 16 -Oct -00 Page 3 improvements, if any, already completed as of the date of the filing of the Final Plat as are certified on Exhibit D 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. 4-5-106(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. With the exception of that portion of the Letter of Credit to be retained for revegetation of landscaping improvements in accordance with paragraph 3(c) herein below, the Letter of Credit must be valid for a minimum of six (6) months beyond the completion date for the improvements set forth herein. If the time for completion of improvements is extended through the execution of a written amendment to this Agreement, the time period for the validity of the Letter of Credit shall be similarly extended. Additionally, should the Letter of Credit become void or unenforceable for any reason, including the bankruptcy of the owner or the financial institution issuing or confirming the Letter of Credit, prior to acceptance 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. Subdivision Improvements Agreement Cerise Ranch Subdivision 16 -Oct -00 Page 4 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 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. The cost of landscaping improvements has been set forth on Exhibit C, including an amount sufficient to provide for full revegetation of the landscaping required by the Preliminary Plan. The Letter of Credit required hereby must provide security for all costs of landscaping. The Certificate of Completion for landscaping improvements shall set forth the costs of revegetation and such amount shall be retained as security for a period not to exceed one (1) year after such completion. At the conclusion of that one (1) year period the amount of security retained for landscaping shall be released by the County upon receipt and acceptance of a certified letter from a landscape professional that such landscaping is complete and is no longer in need of revegetation and that the revegetation is established. d. 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. 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. 4. DOMESTIC WATER SYSTEM. Prior to October 31, 2001, Owner shall construct and convey through appropriate instrument to the Cerise Ranch Property Owners Association, Inc., a Colorado nonprofit corporation, all appurtenant improvements to the domestic water system located within the Subdivision, including the Water Wells, all treatment facilities, Water Tank, all water mains and lines, and applicable water rights, along with all easements and rights of way necessary to properly operate and maintain the domestic water system improvements as they shall be located and in place. 5. ROADS. All roads within the Final Plat shall be dedicated to the public as public rights-of-way. The homeowners association shall be solely responsible for the maintenance, repair and upkeep of those roads. The County shall not be obligated to maintain any roads within the subdivision. Subdivision Improvements Agreement Cerise Ranch Subdivision 16 -Oct -00 Page 5 6. INDEMNITY. To the extent allowed by law, the Owner agrees to indemnify and hold the County harmless and defend the County from all claims which 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 27 single family lots and 3 accessory dwelling units for a corresponding total of 30 dwelling units. The parties agree that school impact fees shall be per dwelling unit or such other amount as may be established by the County at the time of approval of the Final Plat. The Owner specifically agrees that it is obligated to pay the same at the time of recordation of the Final Plat, 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. FIRE DISTRICT FEES. The parties recognize and agree that the approval of the Final Plat constitutes approval of 27 single family lots and 3 accessory dwelling units for a corresponding total of 30 dwelling units. The parties agree that impact fees for the Carbondale & Rural Fire Protection District shall be $417.00 per dwelling unit or such other amount as may be established by the County at the time of approval of the Final Plat. The Owner specifically agrees that it is obligated to pay the same at the time of recordation of the Final Plat, herein accepts that obligation, and waives any claim that it is not so obligated or required to pay the Fire District 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 Fire District Fees paid in conjunction with this Subdivision Improvements Agreement. 9. CONSULTING ENGINEERING. Owner shall reimburse to the County all professional fees and costs incurred by the County instant to the review and monitoring by an independent geotechnical engineer of all geotechnical mitigation measures required under Owner's Preliminary Plan approval above referenced. 10. SALE OF LOTS. No lots within the Subdivision shall be conveyed prior to recording of the Final Plat. Subdivision Improvements Agreement Cerise Ranch Subdivision 16 -Oct -00 Page 6 11. 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 also 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 and the water distribution systems 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 E attached hereto, notifying the owner of the foregoing restrictions upon issuance of building permits and certificates of occupancy. 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 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. 13. 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, 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. 14. BINDING EFFECT. This agreement shall be a covenant running with the title to each lot within the Final Plat, and the rights and obligations as contained herein shall be binding upon and inure to the benefit of the Owner, its successors and assigns. 15. 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. 16. 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. 17. AMENDMENT. The parties hereto mutually agree that this agreement may be amended from time to time, provided such amendment is in writing and signed by the parties hereto. 18. NOTICE. All notices required herein shall be tendered by personal service or certified mail upon the following individuals or agents of the parties to this agreement: Subdivision Improvements Agreement Cerise Ranch Subdivision 16 -Oct -00 Page 7 Board of County Commissioners of Garfield County c/o Mark Bean, Planning Director 109 8th Street, Suite 303 Glenwood Springs, CO 81601 Wintergreen Homes, LLC, a Colorado Limited Liability Company c/o Art Kleinstein. 150 S. Dahlia Denver, CO 80246 with copy to: Timothy A. Thulson Balcomb & Green, P.C. P.O. Drawer 790 Glenwood Springs, CO 81602 Subdivision Improvements Agreement Cerise Ranch Subdivision 16 -Oct -00 Page 8 ENTERED INTO the day and year first above written. WINTERGREEN HOMES, LLC a Colorado Limited Liability Company By Art Kleinstein, Manager BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO By Chairman ATTEST: Clerk to the Board Subdivision Improvements Agreement Cerise Ranch Subdivision 16 -Oct -00 Page 9 Exhibit A (Legal Description of the Cerise Ranch Subdivision) Subdivision Improvements Agreement Cerise Ranch Subdivision 16 -Oct -00 Page 10 CERISE RANCH PROPERTY DESCRIPTION A PARCEL OF LAND SITUATED IN THE SWI/4SE1/4 SECTION 29, LOTS 2. 7. 8, 20, AND 21 SECTION 32, AND THE SW1/4NW1/4NE1/4 AND LOTS 1, 3, 14, 15, SECTION 33, TOWNSHIP 7 SOUTH, RANGE 87 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTIES OF GARFIELD AND EAGLE, STATE OF COLORADO; SAID PARCEL BEING MORE PARTICULARY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 33, A GARFIELD COUNTY SURVEYOR BRASS CAP IN PLACE, THE POINT OF BEGINNING; THENCE S 89°14'52" E ALONG THE NORTHERLY LINE OF SAID SECTION 33 A DISTANCE OF 2743.09 FEET TO THE NORTH QUARTER CORNER OF SAID SECTION 33, A REBAR AND CAP ILLEGIBLE FOUND IN PLACE AND REPLACED WITH A 3-1/4" ALUMINUM CAP L.S. #19598; THENCE LEAVING SAID NORTHERLY LINE S 01°41'36" W ALONG THE NORTH -SOUTH CENTERLINE OF SAID SECTION 33 A DISTANCE OF 664.14 FEET TO THE N -N- C 1/64TH CORNER OF SAID SECTION 33, A REBAR AND CAP L.S. #26626 IN PLACE; THENCE S 89°20'01" E, ALONG THE NORTHERLY LINE OF SAID SW1/4NW1/4NE1/4 A DISTANCE OF 688.32 FEET TO THE NW -NE 1/64TH CORNER OF SAID SECTION 33, A REBAR AND CAP L.S. #14111 IN PLACE; THENCE LEAVING SAID NORTHERLY LINE S 01°43'07" W ALONG THE EASTERLY LINE OF SAID SW1/4NW1/4NE1/4 A DISTANCE OF 663.71 FEET TO THE C -W -NE 1/64TH CORNER OF SAID SECTION 33 A REBAR AND CAP L.S. #14111 IN PLACE; THENCE N 89°17'29" W ALONG THE SOUTHERLY LINE OF SAID SW1/4NW1/4NE1/4 A DISTANCE OF 688.02 FEET TO THE N -C 1/16TH CORNER OF SAID SECTION 33, A REBAR AND CAP L.S. #14111 IN PLACE AND REPLACED WITH A 3-1/4" ALUMINUM CAP L.S. #19598;THENCE N 89°17'29" W ALONG THE NORTHERLY LINE OF LOT 4 OF SAID SECTION 33 A DISTANCE OF 752.39 FEET TO THE NORTHWEST CORNER OF SAID LOT 4, A 3-1/4" ALUMINUM CAP L.S. #19598 SET IN PLACE; THENCE S 02°29'54" W 1146.11 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY OF STATE HIGHWAY NO. 82; THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 2964.79 FEET AND A CENTRAL ANGLE OF 07°12'40", A DISTANCE OF 373.14 FEET, (CHORD BEARS N 75°48'46 W 372.89 FEET) TO A 3-1/4" ALUMINUM CAP L.S. #20677 IN PLACE; THENCE CONTINUING ALONG SAID NORTHERLY RIGHT-OF-WAY N 80°48'38" W 213.65 FEET TO A 3- 1/4" ALUMINUM CAP L.S. #20677 IN PLACE; THENCE CONTINUING ALONG SAID NORTHERLY RIGHT-OF-WAY N 81°30'58" W 1391.80 FEET TO A 3-1/4" ALUMINUM CAP L.S. #20677 IN PLACE; THENCE CONTINUING ALONG SAID NORTHERLY RIGHT-OF-WAY N 81°30'58" W 1023.48 FEET TO A 3-1/4" ALUMINUM CAP L.S. #20677 IN PLACE; 923 Cooper Avenue Glenwood Springs, CO 81601 phone 970 945-8676 • fax 970 945-2555 14 Inverness Drive East, Ste B-144 Englewood, CO 80112 phone 303 925-0544 • fax 303 925-0547 THENCE CONTINUING ALONG SAID NORTHERLY RIGHT-OF-WAY ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 11359.16, AND A CENTRAL ANGLE OF 02°35'06", A DISTANCE OF 512.48 FEET (CHORD BEARS N 80°13'28" W 512.44 FEET) TO A 3-1/4" ALUMINUM CAP L.S. #20677 IN PLACE; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY N 79°35'18" W 872.26 FEET TO A 3-1/4" ALUMINUM CAP L.S. #20677 IN PLACE; THENCE CONTINUING ALONG SAID NORTHERLY RIGHT-OF-WAY S 79°16'02" W 53.85 FEET, A 3-1/4" ALUMINUM CAP L.S. #20677 IN PLACE; THENCE CONTINUING ALONG SAID NORTHERLY RIGHT-OF-WAY N 78°55'58" W 228.74 FEET TO A POINT ON THE NORTH -SOUTH CENTERLINE OF SAID SECTION 32, A REBAR AND CAP L.S. #26626 IN PLACE; THENCE LEAVING SAID NORTHERLY RIGHT- OF-WAY N 01°41'14" E ALONG THE NORTH -SOUTH CENTERLINE OF SAID SECTION 32 A DISTANCE OF 1786.40 FEET TO THE NORTH QUARTER CORNER OF SAID SECTION 32. A STONE IN PLACE; THENCE N 03°25'23" E ALONG THE NORTH -SOUTH CENTERLINE OF SECTION 29 A DISTANCE OF 1363.93 FEET TO THE S -C 1/16TH CORNER OF SAID SECTION 29, A REBAR AND CAP L.S. #11204 FOUND IN PLACE AND REPLACED WITH A 3-1/4" ALUMINUM CAP L.S. #19598; THENCE S 89°26'18" E ALONG THE NORTHERLY LINE OF THE SW1/4SE1/4 OF SAID SECTION 29 A DISTANCE OF 1355.74 FEET TO THE SOUTH 1/16TH CORNER OF SECTION 29 AND SECTION 28 A 3-1/4" CAP L.S. #19598 SET IN PLACE (WHENCE A REBAR AND CAP L.S. #11204 BEARS N 26°16'56" E 2.05 FEET); THENCE S 04°43'14" W ALONG THE EASTERLY LINE OF SAID SW1/4SE1/4 A DISTANCE OF 1376.63 FEET TO THE EAST 1/16TH CORNER OF SAID SECTION 29 AND SECTION 32, A 3-1/4" ALUMINUM CAP L.S. #26626 IN PLACE; THENCE S 88°58'20" E ALONG THE NORTHERLY LINE OF SAID SECTION 32 A DISTANCE OF 1324.03 FEET TO THE POINT OF BEGINNING; SAID PARCEL CONTAINING 300.978 ACRES, MORE OR LESS. K AVP\99\054\99054DES. doc Exhibit B (Legal Description of Cerise Ranch Subdivision, Phase I) Subdivision Improvements Agreemen t Cerise Ranch Subdivision 16 -Oct -00 Page 11 CERTIFICATION OF DEDICATION AND OWNERSHIP KNOW ALL MEN BY THESE PRESENTS: A PARCEL OF LAND SITUATED IN THE NORTH 1/2 OF SECTIONS 32 AND 33 AND IN THE SW1 /4SE1 /4 SECTION 29, TOWNSHIP 7 SOUTH, RANGE 87 WEST OF THE 6TH PRINCIPAL MERIDIAN, GARFIELD COUNTY, COLORADO, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 33, A GARFIELD COUNTY SURVEYOR BRASS CAP IN PLACE; THENCE N 88'58'20" W ALONG THE NORTHERLY UNE OF SECTION 33 A DISTANCE OF 982.86 FEET TO THE POINT OF BEGINNING; THENCE LEAVING SAID NORTHERLY UNE S 06'16'05" W 375.64 FEET; THENCE S 00'00'00" W 233.37 FEET; THENCE S 08'14'49" E 63.57 FEET; THENCE 5 06'46'09" E 1405.90 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY OF STATE HIGHWAY NO. 82; THENCE N 81'30'58" W ALONG SAID NORTHERLY RIGHT-OF-WAY 213.50 FEET TO A 3-1/4" ALUMINUM CAP L.S. #20677 IN PLACE; THENCE CONTINUING ALONG SAID NORTHERLY RIGHT-OF-WAY ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 11359.16 FEET AND A CENTRAL ANGLE OF 02'35'06", A DISTANCE OF 512.48 FEET (CHORD BEARS N 8013'28" W 512.44 FEET) TO A 3-1/4" ALUMINUM CAP L.S. #20677 IN PLACE; THENCE CONTINUING ALONG SAID NORTHERLY RIGHT-OF-WAY N 79'35'18" W 872.26 FEET TO A 3-1/4" ALUMINUM CAP L.S. #20677 IN PLACE; THENCE CONTINUING ALONG SAID NORTHERLY RIGHT-OF-WAY S 7916'02" W 53.85 FEET TO A 3-1/4" ALUMINUM CAP L.S. #20677 IN PLACE; THENCE CONTINUING ALONG SAID NORTHERLY RIGHT—OF—WAY, N 78'55'58" W 228.74 FEET TO A REBAR AND CAP L.S. #26626 IN PLACE: THENCE LEAVING SAID NORTHERLY RIGHT-OF-WAY N 01'41'14" E ALONG THE NORTH -SOUTH CENTERLINE OF SAID SECTION 32 A DISTANCE OF 1786.40 FEET TO THE NORTH QUARTER CORNER OF SAID SECTION 32, A STONE IN PLACE; THENCE N 0325'23" E ALONG THE NORTH -SOUTH CENTERUNE OF SAID SECTION ?9 A DISTANCE OF 1363.93 FEET TO THE SOUTH -CENTER SIXTEENTH CORNER OF SAID SECTION 29, A REBAR AND CAP LS. #11204 FOUND IN PLACE AND REPLACED WITH A 3-1/4" ALUMINUM CAP L.S. #19598; THENCE S 89'26'18" E ALONG THE NORTHERLY LINE OF THE SW1/4SE1/4 OF SAID SECTION 29 A DIST INCE OF 1355.74 FEET TO THE SOUTH EAST SIXTEENTH CORNER OF SECTION 29, A 3-1/4" ALUMINUM CAP L.S. #19598 SET IN PLACE (WHENCE A REBAR AND CAP L.s. #11204 BEARS N 2616'56" E, 2.05 FEET); THENCE S 04'43'14" W ALONG THE EASTERLY LINE OF THE SW1/4SE1/4 OF SAID SECTION 29 A DISTANCC OF 1376.63 FEET TO THE EAST SIXTEENTH CORNER OF SAID SECTION 29 AN() SECTION 32, A 3-1/4" ALUMINUM CAP L.S. #26626 IN PLACE; THENCE 5 88'58'20" E ALONG THE NORTHERLY LINE OF SAID SECTION 32 A DIS1 ANCE OF 341.27 FEET TO THE POINT OF BEGINNING; SAID PARCEL OF LAND CONTAINING 117.579 ACRES, MORE OR LESS. Exhibit C (Certified Construction Costs) Subdivision Improvements Agreement Cerise Ranch Subdivision 16 -Oct -00 Page 12 p CERISE RANCH SUBDIVISION - PHASE 1 SUMMARY OF PROBABLE CONSTRUCTION COST October 12, 2000 HCE JOB NO: 99054.01 rlc k.,gprotlara fllc99\054kRev cocl.ri,(PHASE t S.I.A.) ITEM QUANTITY UNIT COST COST Grading and Earthwork Mobilization 1 L.S. 62,100.00 62,100.00 Earthwork 1 L.S. 97,950.00 97,950.00 Water Tank Base Prep. 1 L.S. 59,955.00 59,955.00 3" Asphalt 12050 S.Y. 7.35 88,567.50 Class 6 ABC 3954 C.Y. 23.00 90,942.00 Geotextile Fabric 12050 S.Y. 1.10 13,255.00 Mountable Curb and Gutter 675 L.F. 13.25 8,943.75 10' Water Tank Access Road 325 L.F. 65.62 21,326.50 5' Drainage Channel 2315 L.F. 4.25 9,838.75 Relocate Irrigation Ditch 4607 L.F. 1.52 7,002.64 Soil Nailing Wall (face area) 1500 S.F. 34.00 51,000.00 Storm Drains 24" HDPE Type S 24" Flared End Section 49"x33" CMP Arch Pipe Headwalls for CMP Arch Pipes 71"x47" CMP -Arch Pipe Headwalls for CMP Arch Pipes 10" Plastic Irrigation Pipe (PIP) 100 Psi 8" Plastic Irrigation Pipe (PIP) 100 Psi Cleanouts on PIP Concrete Ditch Diversit;n Structures Drywell for Irrigation Siphon Domestic Water *price includes trenching and fittings 24" DIP Waterline 12" DIP Waterline 12" Gate Valve 10" DIP Waterline 10" Crate Valve 8" DIP Waterline 8" Gate Valve 6" DIP Waterline 6" Gate Valve 1" Water Service 330 L.F. 29.00 9,570.00 9 E.A. 220.00 1,980.00 200 L.F. 50.00 10,000.00 4 E.A. 7,500.00 30,000.00 270 L.F. 92.00 24,840.00 4 E.A. 9,000.00 36,000.00 990 L.F. 13.00 12,870.00 1620 L.F. 11.75 19,035.00 16 E.A. 156.25 2,500.00 3 E.A. 4,570.00 13,710.00 1 E.A. 5,000.00 5,000.00 300 L.F. 1265 L.F. 4 Each 4690 L.F. 14 Each 2856 L.F. 10 Each 40 L.F. 1 Each 28 Each 923 Cooper Avenue Glenwood Springs, CO 81601 phone 970 945-8676 • fax 970 945-2555 1 OF 2 80.00 32.65 1,300.00 30.55 1,100.00 28.35 800.00 25.55 600.00 900.00 24,000.00 41, 302.25 5,200.00 143,279.50 15,400.00 80,967.60 8,000.00 1,022.00 600.00 25,200.00 14 Inverness Drive East, Ste B-144 Englewood, CO 80112 phone 303 925-0544 • fax 303 925-0547 Fire Hydrant Assembly Air Vac Pump House Pump House Appurtenances Water Tank (300,000 gal) Steel Water Tank Appurtenances 10" Water Tank Drain Pipe Shallow Utilities 4' Utility Trench Telemetry Cable - 12 Pair Electric Vault Natural Gas line - ESTIMATE Electric Utility - ESTIMATE Telephone Utility - ESTIMATE 16 Each 2,600.00 6 Each 3,000.00 1 Each 51,000.00 1 L.S. 25,198.00 1 L.S. 137,550.00 1 L.S. 16,000.00 100 L.F. 22.00 8839 L.F. 6350 L.F. 28 Each 4501 L.F. 8839 L.F. 4501 L.F. 6.75 0.50 550.00 10.00 30.00 2.00 41.600.00 18.000.00 51,000.00 25,198.00 137,550.00 16.000.00 2,200.00 59,663.25 3,175.00 15,400.00 45,010.00 265,170.00 9,002.00 Highway 82 Improvements Earthwork 1 L.S. 25,000.00 25,000.00 4" Asphalt - 2 - 2" Lifts Class CX 6180 S.Y. 10.20 63,036.00 6" Class 6 ABC 1040 C.Y. 23.00 23,920.00 12" Class 1 ABC 2080 C.Y. 22.70 47,216.00 Extend 7'x7' Concrete Box Culvert 8 L.F. 1,425.00 11,400.00 Type 3 Guardrail 80 L.F. 81.25 6,500.00 Type 4 Guardrail - Remove and Replace 900 L.F. 44.00 39,600.00 Pavement Striping 1 L.S. 4,400.00 4,400.00 Traffic Control 1 L.S. 14,000.00 14,000.00 Class I Ground Sign 4 Each 300.00 1,200.00 Emergency access Breakaway Gate 1 Each 2,000.00 2,000.00 Construct Emergency Access 1 Each 3,000.00 3,000.00 Miscellaneous Revegetate/Landscape 1 L.S. 2,000.00 Class I Ground Sign 19 Each 300.00 Erosion and Sediment Control 1 L.S. 15,000.00 Augmentation Plan 1 L.S. 1,000.00 2,000.00 5,700.00 15,000.00 1,000.00 SUB TOTAL $1,975,297.74 1 10% Contingency $197CiIST�p,�} � TOTAL PHASE 1 $2,1748#,It 'it • 431 i3 1 j i This summary of probable construction cost was prepared for estimating purpos e - ��1i �J only. It does not include estimates for: Soils Testing, construction' surveying, construction" . " , ' •,,,' administration and inspection, or any permitting required by local governments. gill D..FE. v"� = High Country Engineering, Inc. cannot be held responsible for variances from this estimate as actual costs may vary due to bid and market fluctuations. l'1'Iuwa-�►> 2 OF 2 Exhibit D (Certified Costs of Completed Improvements) Subdivision Improvements Agreement Cerise Ranch Subdivision 16 -Oct -00 Page 13 Exhibit E (Notice Regarding Building Permit Restrictions) Subdivision Improvements Agreement Cerise Ranch Subdivision 16 -Oct -00 Page 14 NOTICE REGARDING BUILDING PERMITS TO: All purchasers of Homesites within Phase 1 of the Cerise Ranch Subdivision. YOU ARE HEREBY NOTIFIED, that under applicable Garfield County regulation you may not commence construction of a residence within unincorporated Garfield County, including Phase 1 of the Cerise Ranch Subdivision ("Property"), prior to issuance of a building permit by Garfield County and no residences may be occupied prior to the issuance of a certificate of occupancy by Garfield County. Under the terms of the Subdivision Improvements Agreement between Garfield County and Wintergreen Homes, LLC ("Wintergreen") and the subdivision approvals issued for the Cerise Ranch Subdivision, Garfield County will not issue building permits for the Property unless it can be demonstrated to the satisfaction of the Carbondale & Rural Fire Protection District that there is adequate water available to the construction site for the Fire District's purposes and all applicable Fire District fees have been paid to the District. Furthermore, no certificate of occupancy for any residences contained within the Property will be issued by Garfield County unless it can be demonstrated to the satisfaction of the Garfield County Department of Building and Planning that all subdivision improvements, including all appropriate water facilities, have been completed and are operational in accordance with the Subdivision Improvements Agreement. WINTERGREEN HOMES, LLC a Colorado Limited Liability Company By Art Kleinstein, Manager The foregoing was read and understood by the undersigned Purchaser of a Homesite within the Property. By Homeowner Building Permit Declaration 16 -Oct -00 March 27, 2001 Mark Bean, County Planner Garfield County Building and Planning Department 109 8th Street, Suite 303 Glenwood Springs, CO 81601 Re: Cerise Ranch — Partial Release of Collateral - Revised HCE Project No. 99054.03 Dear Mark: RECEIVED MAR 2 8 2001 I am writing on behalf of Wintergreen Homes ("Owners"). In accordance with the terms of the Subdivision Improvement Agreement by and between the Owners and the Board of County Commissioners of Garfield County, each request for partial release of collateral must be signed by the Project Engineer, and shall certify that: 1. All costs for which the release is being requested have been incurred in connection with the construction of the Improvements; 2. All work performed and materials supplied are in accordance with the plans and specifications; 3. All work has been performed in a workmanlike manner; 4. No funds are being requested for work not completed, or for materials not installed or stored on site; and 5. The Project Engineer has inspected, approved and has certified that all such improvements have been constructed in accordance with the plans and specifications. Please consider this letter certification by the Project Engineer, High Country Engineering, Inc. (HCE), that all of the foregoing requirements have been met up to the date of this request. The October & November 2000 and January & March 2001 Payment Requests from DRT2 Construction is attached hereto and incorporated herein by reference. These four (4) invoices total $646,866.88. Also included with this request is the contract for $242,000.00 with Holy Cross Energy for electric service. In the SIA, the cost for electric was an estimate. The actual cost for the electric is lower than the $265,170.00 shown in the estimate. This release will request the higher amount be released. We have also included the contract for Qwest in the amount of $6,314.00. The SIA 923 Cooper Avenue Glenwood Springs, CO 81601 phone 970 945-8676 • fax 970 945-2555 14 Inverness Drive East, Ste B-144 Englewood, CO 80112 phone 303 925-0544 • fax 303 925-0547 Mr. Mark Bean March 27, 2001 Page 2 estimated this cost at $9,002.00. This release requests the higher amount be released. The original amount of the Construction Costs for Public Improvements was $2,172,827.51 per the Engineers Estimate of Probable Construction Cost dated October 12, 2000. However, based on the new tank locations a new Engineers Estimate of Probable Construction Cost dated January 17, 2001 was submitted to the County. This estimated the construction cost at $2,170,161.39 for a difference of $2,666.12. This difference will be requested in this release as well. We are requesting the funds in the amount of $923,705.00 be released and considered complete. This amount was reached as follows: $ 646,866.88 DRT2 Invoices $ 265,170.00 Electric $ 9,002.00 Phone $ 2,666.12 Revised Cost Estimate Difference $ 923,705.00 Total Release Amount Thus, leaving the amount of $1,249,122.51 to complete the remainder of the public improvements. Please contact me if you have any questions or need additional information. Sincerely, HIGH COUNm ENGINEERING, INC. 4®sA136-;1/11 \ l''• Vernon Pk -Hope, P.E.-a•. ,?` Primal 3 939 z-. � • • JDHibit, .4y- Enc. cc. Jeff Spanel, Wintergreen Homes Dale Hope, Wintergreen Homes Tim Thulson, Balcomb & Green AT&T Broadband 201 AABC Aspen, CO. 81611 • Wintergreen Homes February 6, 2001 77 Metcalf Rd. Avon, CO. 81620 Dear Dale Hope: I have mapped out a conduit plan for the Cerise Ranch Subdivision. AT&T has requested in the past with High Country Engineering, that conduit be placed throughout the project for purposes of our current upgrading process that is taking place throughout the Roaring Fork Valley. The upgrade would include high speed Internet, extended cable programming and the possibility of telephone services. The need for conduit is that we can place multiple cables in the conduits for additional services without digging up streets and private property. AT&T hopes that you will understand our request for conduit. I have marked the footages and conduit sizes on the maps. Please contact me if you have any questions about the maps I would be happy to meet on site to review any concerns that you may have about this project. You can contact me at 970-925-4311 or fax at 970-924-4106. Sincerely, _ Michael Johnson Construction Coordinator AT&T Broadband GFtoss ti(cs 0 3799 HIGHWAY 82 • P.O. DRAWER 2150 GLENWOOD SPRINGS, COLORADO 81602 (970) 945-5491 • FAX (970) 945-4081 SSO November 16, 2000 Mr. Dale Hope Wintergreen Homes P.O. Box 1 530 Avon, CO 81620 Re: Cerise Ranch Dear Dale: Total estimated cost of underground construction $242,000.00 Construction deposit consisting of equivalent overhead credits (refundable) Contribution in aid of construction (nonrecoverable) Total payment required before starting work on the project $1 50,000.00 92,000.00 $242,000.00 The above figures are only estimates. After the job has been completed, the actual cost of construction will be determined. Your contribution and deposit will be adjusted to reflect the actual cost by making a refund or further assessment. Execution of this document constitutes agreement to pay any further assessment in a timely manner. Adjusted construction deposits are available for refund over a ten year period as specified by Holy Cross Energy's Line Extension Policy. Our power facilities must be installed on an easement. Please execute and return the enclosed document. The following conditions are hereby noted: 1. Lot corners or other locations will be provided by the developer as needed to ensure that our facilities are installed as shown on the attached sketch. 2. Holy Cross Energy has Implemented a policy which requires that project owners provide all excavation, backfill, compaction and cleanup needed for installation of the underground power system extension to serve their new development. The owner must also set all vaults andinstall all conduits as specified by Holy Cross Energy's design for the project and the enclosed construction specifications. ' Holy Cross Energy will supply all material which can be picked up by the owner at the appropriate storage yard. The cost of this material is included in the job cost estimate. The attached Trench Agreement must be properly executed and returned prior to the start of excavation. 3. Secondary voltage available will be 120/240, single-phase for the lot. 4. Secondary voltage. available will be 480Y/277, three-phase for the two pumps Dale Hope November 16, 2000 Page Two 5. Secondary voltage will be made available at a pad -mounted transformer located within a reasonable distance of each lot. It will be the lot owner's responsibility to extend underground secondary entrance conductors from the point of power usage to the designated transformer. When reaching the designated transformer involves a road crossing, a conduit will be installed during construction of the primary voltage system. It will be the lot owner's responsibility to maintain the conduit(s) associated with his lot. 6. It shall be the consumer's responsibility to protect their electric equipment from temporary over voltage or under voltage situations resulting from causes beyond the control of Holy Cross Energy. 7. We attempt to complete all projects in a timely manner. However, highest priority is given to maintaining service to our existing consumers. This fact, along with inevitable construction delays, will not allow us to guarantee a project completion date. 8. All Holy Cross Energy rules and regulations will be followed. When Holy Cross Energy is in receipt of your check in the amount of $242,000.00, all necessary executed easements, other permits, if required, a completed "Application For Electric Service" form, the executed trench agreement, and the signed original of this letter agreement (below), the job can be scheduled for construction. If you have any questions, please contact me. Sincerely, HOLY CROSS ► ERGY effrey A. Staking ng JAF:vw Enclosure er The above terms and conditions are h _ eby agreed to and . ccepted W/0#00-17275:66-40:Cerise Ranch Franke\Hope2 U S WEST Developer Contact Group P.O. Box 1720 Denver, Colorado 80201 January 2, 2001 Re: Control Number CO22209 WINTER GREEN HOMES Attn: JEFFERY SPANEL P.O. BOX 978 AVON, CO 81620 /3.x.2 A &64/.5g* Qwest -s- Dear Developer: Enclosed are two (2) originals of our Land Development Agreement for your signature. Pursuant to the tariffs that were approved by the Public Utilities commission on 01 -JUN -1996, the execution of this agreement is necessary prior to placement of U S WEST telecommunication facilities in your development known as CERISE RANCH PHASE 1. The date on these agreements should be left blank. This information will be provided upon execution by U S WEST. In paragraph 4.C, please provide the critical scheduling dates. Please sign and return the two (2) original agreements and the non- refundable payment of SIX THOUSAND THREE HUNDRED FOURTEEN DOLLARS AND 0 CENTS ($6314.00) within 90 days to USW at the above address. Once the contracts are signed and dated by U S WEST, you will receive an original of the fully executed agreement. If the signed agreements have not been received by U S WEST within 90 days, they will be canceled and new agreements will have to be initiated by contacting the Developer Contact Group. Should you have any questions regarding this agreement, please contact the Developer Contact Group on 1(800)-526-3557. Sincerely, JOANN MURRAY DCG Coordinator Enclosures: 2 QWEST CORPORATION Developer Contact Group P.O. Box 1720 Denver, Colorado 80201 DEVELOPER: PLEASE NOTE: On pclgc 3, items C.2, and C.3 have blanks for dates. It is necessary for the Developer to fill in these datess as Qwest is unable to execute this agreement without them. Agreements received without dates shall be returned to the Developer and notification to Engineering to proceed shall be placed on hold until the agreement can be properly executed. If you have any questions regarding proper dates contract the Qwest Engineer with whom you have worked on this project. OVERNIGHT ADDRESS QWEST CORPORATION Jo Ann Murray 6912 S. Quentin Street Rm 100A Eng lcwood, Co 801 12 1 -800-526-3557 Control Number: 0022209 Job Number: 0227833 Agreement For The Engineering, Design, Placement And Splicing of Facilities By U S WEST THIS AGREEMENT (hereinafter "Agreement") is made and entered into this day of , by and between U S WEST, a Colorado corporation (hereinafter "USW") and WINTER GREEN HOMES (hereinafter "Developer/Builder). 1. RECITALS WHEREAS Developer/Builder is undertaking construction of a development known as CERISE RANCH PHASE 1 (hereinafter "Development"), projected to contain TWENTY-EIGHT (28) dwellings occupied within 36 months, which is more fully described as being located in , CARBONDALE exchange, GARFIELD County, State of COLORADO; and, WHEREAS USW has been requested by Developer/Builder to provide distribution facilities (hereinafter "Facilities") within its Development prior to the construction of buildings or living units. Facilities will be adequate to serve TWENTY-EIGHT (28) lots in Development; and, WHEREAS USW is willing and agrees to place Facilities, as more fully described in Exhibit A, attached hereto and incorporated herein, in accordance with the terms and conditions of this Agreement and with any applicable Tariffs on file with the Colorado Public Utilities Commission; NOW, AND IN CONSIDERATION of the mutual promises and covenants hereinafter set forth, the parties agree as follows: 2. DEFINITIONS Access Line: The telecommunications circuit that extends from the customer's termination point in a completed residence to a central office. -2 - Central Office: A switching unit in a telephone system, providing service to the general public, having the necessary equipment and operating arrangements for terminating and interconnecting access lines. Distribution Facilities: All telephone plant between the feeder facilities and the customer's termination point. Feeder Facilities: The telephone plant between the central office and distribution facilities. Service Lateral: The wires and the trench between the serving terminal and the Standard Network Interface (SNI) at the entrance of a residential dwelling where service terminates. 3. EASEMENTS Any easements, rights-of-way or property rights required by USW for the Development shall be given to USW by Developer/Builder, in writing, in recordable form. Application fees, permit fees or any other governmental charges, special study costs, any costs incurred due to unusual conditions (e.g. rock, swamp, asphalt) and overhead for placing facilities, at no charge, with no restrictions or exceptions, prior to the commencement of any construction by USW. Developer/Builder shall be responsible for clearing and establishing final grade within six inches throughout the easement area before USW is expected to start construction. All survey property stakes will be placed by Developer/Builder to identify the physical location of said easements and rights-of-way within the Development. Developer/Builder shall be required to reimburse USW for right- of-way costs pursuant to the Agreement. In the event of re - platting, re -zoning, or change -of -use during the term of this Agreement, Developer/Builder or its permitted assignees or successors shall be responsible for any additional relocation or replacement costs (which costs shall be non-refundable) relating to affected Facilities. 4. TRENCHING AND SERVICE LATERALS Developer/Builder shall provide trenches and service laterals ("Trench") and backfill operations, as shown on Exhibit A, in accordance with USW standards. -3- A. Developer/Builder shall be responsible, at its sole expense, for obtaining any permits, licenses, bonds or other consents or approvals necessary for USW to move, park, and maneuver equipment on the job site, to store tools and materials, to barricade or close streets, alleys or walks, and to use electric power, water and sewers, and to dispose of soil within the Development. All permits, licenses, bonds or other types of approvals shall be in Developer/Builder's name and shall not commit USW to any obligations not identified under this Agreement. Developer/Builder shall take necessary safety precautions as required by federal, state and local authorities to protect pedestrian and vehicular traffic in the development, including, but not limited to, maintenance of adequate warning signs, barricades, lights, guard fences, walks and bridges. Developer/Builder will be required to furnish and install conduit for sleeving of streets or concrete drives, in accordance with USW standards. B. Developer/Builder shall coordinate applicable schedules hereunder with USW's representative: TOM ECKES 307-772-4001 . C. Critical Scheduling Dates: Developer/Builder shall select start and completion dates for Trench excavation and backfill which are compatible with USW's engineering, material ordering and construction schedules. C.1 Developer/Builder shall begin Trench excavation within five days of the date USW's representative notifies Developer/Builder that material is available ("Start Date"). C.2 The Trench Date for purposes of the Agreement is on or about , C.3 Developer/Builder shall provide USW an addressed, recorded plat in electronic, digital or written format on If USW does not receive complete address information the development schedule may be delayed. C.4 Developer/Builder shall provide USW twenty-one (21) days' notice prior to the completion date of living units with Development. C.5 Developer/Builder shall schedule a pre -construction utility coordination meeting. -4- D. Developer/Builder shall complete the work as soon as practicable, but no later than fourteen (14) days from Sart Date. Trench must be maintained by Developer/Builder for a minimum of three days after notifying USW to allow USW adequate time to place facilities, without interference from other contractors. Developer/Builder shall provide sufficient backfill to protect USW's cable after cable placement. Any changes to the time limits stated herein must be given prior approval by USW's authorized representative. E. If Developer/Builder has not commenced Trench excavation_ within fourteen (14) days of Start Date, Developer/Builder shall reimburse USW for any and all carrying charges, penalty fees, and shipping costs related to the storage, return, and reorder of materials associated with Facilities. In addition, Developer/Builder shall reimburse USW for lost time by USW personnel due to Trench failures or insufficient Trench. F. Developer/Builder's Trench and backfill operations shall conform to the National Electric Safety Code (NESC) and to USW's approved job prints and standards. USW shall be afforded the opportunity to inspect all Trench and backfill. All Trenches provided by Developer/Builder shall be within rights-of-way or the dedicated easements of the Development and within six inches of final grade. G. In the event Developer/Builder damages USW's Facilities, Developer/Builder shall bear the full expense of repair or replacement of such damaged Facilities, at USW's sole option. H. Developer/Builder shall restore all improved and unimproved surfaces to their original condition, in accordance with rules and regulations of the governmental authority having jurisdiction in the development, and shall guarantee said restorations against settlement or other defects for a period of five years from the date of final acceptance of the work by USW. 5. INSTALLATION OF FACILITIES USW agrees that initial Distribution Facilities will be in place within 120 days after execution ("Start Date") of this Agreement. In no event shall USW's failure to complete the work by the above specified date constitute a breach of this Agreement by USW, nor shall it relieve Developer/Builder of any of its obligations hereunder, if the delay is caused by unavailability of equipment or material, delays in receiving equipment or material, delays in obtaining easements or rights-of-way, unusual working conditions, unusual terrain, delay caused by Developer/Builder, or any other circumstances beyond the reasonable control of USW. -5 - Insofar as possible, the parties shall coordinate their construction work. 6. INDEMNITY Developer/Builder shall indemnify and hold harmless USW and its agents and employees from and against any and all claims, losses, actions, damages, expenses and all other liabilities, including, but not limited to, costs and attorneys fees, including the proper placement of the Trench within the appropriate easement, arising out of or resulting from the performance or non- performance of Developer/Builder pursuant to the Agreement, unless directly caused by negligence of USW. 7 CHARGES USW will engineer and design, secure all materials, and provide the labor necessary to place, splice, and test Facilities in the Development, using standard USW specifications. USW will bill Developers/Builder a NON-REFUNDABLE charge of SIX THOUSAND THREE HUNDRED FOURTEEN DOLLARS AND 0 CENTS ($6314.00) for such services upon execution of this Agreement. 8. GENERAL CLAUSES A. Developer/Builder understands and agrees that the payment made to USW hereunder is a charge for the cost of providing distribution facilities in the Development and is not: (1) a deposit for security for individual customers, or (2) applicable to installation charges or regular monthly charges or such service as provided in USW's filed tariffs. Developer/Builder shall not represent to any individual that Developer/Builder's deposit satisfies any line extension charge, construction charges which may be payable as required by tariff, or alleviate any customer's responsibility to pay other appropriate charges when required by tariff. Payments made hereunder to USW shall not grant Developer/Builder or any subscriber any ownership in Facilities OR RESERVE ANY CENTRAL OFFICE EQUIPMENT OR ANY FEEDER FACILITIES. B. USW reserves the right to construct excess capacity pursuant to this Agreement. The additional costs of such excess capacity are not included in the Facility charge stated above. -6- C. Any notices required to be given by either party shall be given in writing, hand delivered or deposited in the United States mail, addressed to: U S WEST Developer/Builder Contact Grp PO Box 1720 Denver, CO 80201 1-800-526-3557 WINTER GREEN HOMES JEFFERY SPANEL P.O. BOX 978 AVON, CO 81620 Notices shall be effective when hand delivered or postmarked, whichever is earlier. Either party may change designations pursuant to this paragraph upon written notice to the other party. D. This Agreement may not be assigned by Developer/Builder without the prior written consent of USW, which shall not be unreasonably withheld. Assignment requests to USW must be accompanied by a non-refundable processing fee of $50.00 (fifty dollars) per request. E. A failure of USW to enforce any provision of this Agreement on any occasion shall not constitute a general waiver of its right to enforce that or any other provision of this Agreement on any other occasion. F. This Agreement shall inure to the benefit of and be binding upon the successors in interest and permitted assignees of the parties hereto. G. This Agreement may be amended only by a written document signed by both parties. H. Neither party shall be liable to the other for delays or failure in performance, or for loss or damage, due to fire, explosion, power blackout, earthquake, volcanic action, nuclear, flood, strike, war, civil disturbance, governmental requirements, acts of God, or other causes beyond its control. I. Use of the term "day" herein shall refer to calendar days, unless otherwise specified. J. This Agreement and the obligations of the parties hereunder shall be construed and governed in accordance with the laws of the state in which Facilities are provided hereunder. -7- K. This Agreement is subject to the applicable tariffs filed by USW with the appropriate agency of the state in which Facilities are provided hereunder. In the event that applicable tariffs are modified, superseded, or suspended prior to performance by USW hereunder, then this Agreement shall become null and void, and the parties may elect to enter into a new agreement to conform to such new tariffs. L. All claims arising out of this Agreement shall be resolved by arbitration in accordance with the then current rules of the American Arbitration Association. The arbitration shall be conducted by a single arbitrator engaged in the practice of law. The arbitrator's decision and award shall be final and binding and may be entered in any court with jurisdiction. M. Developer/Builder agrees not to enter into an exclusive promotional arrangement with another local provider of telecommunications services for a period of thirty-six (36) months after the execution of this Agreement. Nothing in this Agreement affects the right of any end user customer within the Development to select the end user's telecommunication services provider(s) of choice. IN WITNESS WHEREOF, the parties have executed this Agreement effective the day and year appearing on the first page of this Agreement. U S WEST By Manager (DEVELOPER/BUILDER) 7-1 Ti e °i! TTEST/WITNESS By CERISE RANCH, LLC DRT2 Date Type Reference 10/24/2000 Bill 651 10/24/2000 Bi11 652 10/25/2000 Bill 653 11/01/2000 Bi11 659 11/09/2000 Bill 658 01/31/2001 Bill 4 01/31/2001 Bill 726 1000 Cerise Ranch #4168 LR2200M1 SIR SPEEDY PRINT 303-272.8301 Original Amt. 450.00 1,250.76 900.00 990.00 6,940.00 167,882.29 1,745.00 3/1/2001 Balance Due Discount 450.00 payment 1,250.76 450.00 900.00 1.250.76 990.00 900.00 6,940.00 990.00 167,882.29 6,940.00 1,745.00 167,882.29 1,745.00 Check Amount 180,158.05 5029 180,158.05 PRINTED IN U.S.A. r�t�tii Iv►� /4',1U UL H 1 IFICAI t FOR PAYMENT MA DOCUMENT G702 on1e5 IJLO TO OWNER: =ROM CU TRA 2ONTRACT FOR: (Instructions un ((verse sick) PAc;r ot+r Or PAGE:.t • PROJECT VIA ARCIIITECT /Se APPLICATION NO.: I'ERUOD TO: E'ROI ECT NOS : CONTRACT DATE: Distribution to: ❑ OWNEF r-1 A1UT!11I LONTRACI U1, I1 :ONTRACTOR'S APPLICATION .PPIIcation Is made for payment, as shown below, :ontlnuatlon Sheet, AIA Document G703, is attach . ORIGINAL CONTRACT SUM • Nat tanoeby-Change-Orders FOR PAYMENT In connection with the Contract. ed. • CONTRACT SIJU TO DATE (Line I t 2) • TOTAL COMPLETED & STORED TO DATE (Column G on G703) . RETIE.• a. - I.tIL% of Completed Work (Columns D + E on G703) s 4,4a, 721D17(( gi vio,00 3/ s o ,5016.67 b. % of Stored Material (Column F on G703) Tbal Retainage (Line 5a + 5b or Total in Column I of G703) t /n TOTAL EARNED LESS RETAINAGE s w Q4b 1 (Line 4 Icss Line 5 Thal) LESS PREVIOUS CERTIFICATES FOR PAYMENT / j ,� q ! Q \T I. 1 (Linc 6 from prior Ccnlficatc) f �{/1 9 CURRENT PAYMENT DUE [2_1614 291 r �Q BALANCE TO FINISH, INCLUDING RETAINA?Eij5I (Linc 3 less Linc 6) s 7 0�10 t 7 MANGE ORDER SUMMARY Xtal changes approved in rcvious months by Owncr ?a�rovcd this Month ADDITIONS TOTALS ET CHANGES b Chante Ordcr DEDUCTIONS The undersigned Contractor (emit cs that to thc best of thc Contractor's knowledge. infor- mation and belief the Work covered by this Application for Payment has been completed In accordance with thc Contract Documents, that all amounts have bccn paid by thc Contractor for Work for which previous Certificates for Payment were Lssucd and pay- mcnts received from thc Owner, and that current paymcnt shown hcrcln is now due CONTRACTOR: State of: ( l r ; G c7E L' County of: ( /' (,{ Subscribed and syrn to befot_�/ mc this „'(f _ day of Notary Public: My Commission .expi s: Date' / ,��� / JACQUELINE S. DORITY 2C C' NOTARY PUBLIC STATE OF COLORADO My Commission Expires: 06/18/2004 7 1 ARCHITECT'S CERTIFI AT 'FOR PAYMENT In accordance with the Contract Documents, based on on-site observation and the data comprising this application, the Architect certifies to the Owncr that to the best of thc Architect's knowledge, Information and belief the Work has progrcsscd as indicated, the quality of the Work Is In accordance with thc Contract Documents, and the Contractor is cnliticd to paymcnt of thc AMOUNT CERTIFIED. AMOUNT CERTIFIED (Attach explanation if amount certified differs from the amount applied for. Initial all figures on this Application and on the Continuation Sheet that are changed to conform to rhe amount certified.) A ItCl II.1-EC f: Iiy: Dale: Thls Certificate Is not ncgollable. The AMOUNT CERTIFIED is payable only to he Con tractor namcd herein. Issuance, paymcnt and acceptance of paymcnt arc without prejudice to any rights of the Owner or Contractor under this Contract AEA DOCUMENT (7702 • API'IJ(A11ON AND CFRI IPI('.S1lf 1'r)R I'M'AIPNI. • I'/'1/ 10111ON • AIA' • '01'711 • 1111 nl.11111( All 0,111 ['ft AVLNUL, N.W., WA.SI IIN(.ION. 111. 106 5191 • WAIINING: Unlicensed (lw l,,,. ovylog vlol•Ic• ll'; colryi lUlil i.`v• •,kl v. -In 0110N ,f)11 ghnlll(l llgr• /1 11/ IIIA (1 r)r:ullll'1l1 wllll'1, lira', 11,1•, r ,, Ilan rIr)Irrl 1n rrJ 7,11 11 AI(I 11111 i I'. 1 r 1'1 NI U' 11 I Ilia vIol•lor 11> i*V•r l,n,•e..u(lon t,/O2-1992 Sheetl Page 1 Cerise Ranch Pay equest Jan. 31 2001 Desci ion Unit Unit Price Total Previous Payments Current Pay Request Total to Date Balance to Finish 1 62,f00.00 Mob tion 62,100.00 17,320.00 1,000.00 18,320.00 43,780.00 ra•' • &earthwork •rroa• LS 1 97,950.00 97,950.00 48,975.00 48,975.00 48,975.00 SJ Grading & earthwork for water tank LS 1 59,955.00 59,955.00 10,600.00 10,600.00 49,355.00 3' Class CX asphaltic pavement SY 1 050 7.35 88,567.50 0.00 - 88,567.50 5 Class 6 agg. base course 8' deep 3954 23.00 90,942.00 0.00 90,942.00 6 Geotextile fabric for agg. separation SY 1.1 12,050.00 13,255.00 1,100.00 325.00 1,425.00 11,830.00 7 Mountable, median .e curb & •utter LF 675 13.25 8,943.75 0.00 8,943.75 8 10' wide access road to water tank LF 325 65.62 21,326.50 21,326.50 21,326.50 0.00 9 5' dee • draina•e channel LF 23 5 4.25 9,838.75 4,919.38 4,919.38 4,919.37 10 Relocate existing irrigation ditch LF 4607 .52 7,002.64 7,002.64 7,002.64 0.00 11 Soil nailing wall SF 1500 34.00 51,000.00 20,711.00 20,711.00 30,289.00 12 24' HDPE, Type S culvert F 330 29.00 9,570.00 0.00 9,570.00 13 24' flared end section for Type S culvert each 9 220.00 1,980.00 0.00 1,980.00 14 49' x 33' CMP arch culvert LF 200 50.00 10,000.00 5,314.00 5,314.00 4,686.00 15 Concrete headwai for 49' x 33' CMP each 4 270 7,500.00 92.00 30,000.00 24,840.00 16,190.00 0.00 16,190.00 30,000.00 8,650.00 11• 71' x 47' CMPA culvert Concrete headwall 71' x 47' CMPA each 4 9,000.00 36,000.00 0.00 36,000.00 24' a .I.P. , Class 52 water main LF 300 80.00 24,000.00 0.00 24,000.00 12' D.I.P. , Class 52 water main LF 1265 32.65 41,302.25 36,823.00 36,823.00 4,479.25 20 12' gate valve, valve box, complete each 4 1,300.00 5,200.00 4,746.12 4,746.12 453.88 21 10' D.I.P. Class 52 water main L 4690 30.55 143,279.50 50,006.80 54,025.00 --03-05.00 104,031.80 13,688.00 39,247.70 1,712.00 22 10' gate valve, valve box complete each 4 1,100.00 15,400.00 7,083.00 8' D.I.P. , Class 52 water main LF 2856 28.35 80,967.60 53,981.85 19,328.00 73,309.85 7,657.75 24 8' gate valve, valve box complete each 10 800.00 8,000.00 3,980.00 849.00 4,829.00 3,171.00 25 6' D.I.P., Class 52 water main LF 40 25.55 1,022.00 649.00 373.00 1,022.00 0.00 26 6' • ate valve, valve box com • lete each 1 600.00 600.00 0.00 600.00 .0' ater Service each 28 900.00 25,200.00 20,700.00 4,500.00 25,200.00 0.00 28 Fire drant assembly complete each 6 2,600.00 41,600.00 17,032.00 7,800.00 24,832.00 16,768.00 29 Air -vac valve & vault com•lete each 6 3,000.00 18,000.00 409.00 2,126.00 2,535.00 15,465.00 30 Pum • house inc. site prep , complete each 1 51,000.00 51,000.00 0.00 51,000.00 31 Pumphouse appurtenances LS 1 25,198.00 25,198.00 0.00 25,198.00 32 Steel Water tank 300,000 gallons LS 1 137,550.00 137,550.00 0.00 137,550.00 33 Water tank appurtenances com • lete LS LF 1 00 16,000.1 0 22.00 16,000.00 2,200.00 0.00 0.00 16,000.00 2,200.00 10' P.V.C. , drain from water tank 35 4' • eep utility trench, elec, tele, cable,gas L 8839 6.75 59,663.25 0.00 59,663.25 36 10' plastic irrigation pipe LF 990 13.00 12,870.00 0.00 12,870.00 37 8' plastic irrigation pipe LF 1620 11.75 19,035.00 9,370.38 9,370.38 9,664.62 38 PIP cleanouts complete each 16 156.25 2,500.00 0.00 2,500.00 39 Drywef complete & in place each 1 5, 101.00 5,000.00 0.00 5,000.00 Concrete intake structure com•lete each 3 4,5 0.00 13,710.00 0.00 13,710.00 41 12 -pair direct bury telmetry cable comp. LF 6350 0.50 3,175.00 400.00 400.00 2,775.00 42 Electric transformer vault/manhole each 28 550.00 15,400.00 0.00 15,400.00 HIGHWAY 82 IMPROVEMENTS 0.00 0.00 Page 1 Shee11 43 Grading & earthwork for road const. LS i 1 25,000.00 25,000.00 0.00 25,000.00 44 NO BID 0.00 0.00 45 4' Class CX Asphaltic pavement SY 6180 10.20 63,036.00 0.00 63,036.00 46 Class 6 agg base course CY 1040 23.00 23,920.00 0.00 23,920.00 47 Class 1 agg base course CY 2080 22.70 47,216.00 0.00 47,216.00 48 Extend 7' x 7' concrete box culvert LF 8 1,425.00 11,400.00 0.00 11,400.00 49 Guardrail, CDOT , Type 3 LF LF 80 900 81.25 44.00 6,500.00 39,600.00 0.00 0.00 6,500.00 39,600.00 Wemove & replace guardrail, CDOT Type 4 51 Pavement stripping complete LS LS 1 1 4,400.00 14,000.00 4,400.00 14,000.00 0.00 0.00 4,400.00 14,000.00 M'Traffic 53 control per CDOT Const. of emergency access road LS 1 3,000.00 3,000.00 0.00 3,000.00 54 Class I ground sign installation each 4 300.00 1,200.00 0.00 1,200.00 55 Emergency breadaway gate each 1 2,000.00 2,000.00 0.00 2,000.00 56 Revegetation & landscaping LS 1 7,000.00 7,000.00 0.00 7,000.00 57 Class I ground sign each 19 300.00 5,700.00 0.00 5,700.00 58 59 Erosion & sediment control LS 1 15,000.00 15,000.00 15,000.00 15,000.00 0.00 Diversion for epstincreek LS LS 1 1 11,000.00 3,000.00 11,000.00 3,000.00 3,000.00 0.00 11,000.00 60 Fencing al wetlands ands 3,000.00 0.00 61-Top sod management LS 1 15,000.00 15,000.00 15,000.00 15,000.00 0.00 62 Excavation, shay g, hauling & dewatering CY SF 48500 253000 2.85 0.70 138,225.00 177,100.00 124,414.50 13,810.50 138,225.00 0.00 0.00 177,100.00 62A 30 Mil Pond Liner 62B Placement of Topsoil on proposed berms LS LS CY 1 1 100 30,000.00 8,000.00 11.00 30,000.00 8,000.00 1,100.00 22,500.00 22,500.00 7,500.00 63 Revegetaion & landscaping , take area 0.00 0.00 8,000.00 1,100.00 64 Exc. for unsuitable material 65 56 1.25' Pure Core Tubing -E 690 11.00 7,590.00 0.00 7,590.00 1.5 80 psi polyethylene pipe LF 690 11.00 7,590.00 0.00 7,590.00 Total Contract 2,058,720.74 474,630.79 174,664.88 649,295.67 1,409,425.07 CHANGE ORDERS CO/1 Credit LS 1 -3,861.00 -3,861.00 CO #2 Credit Memo, Line item #1 LS 1 -14,850.00 -14,850.00 CO #2 Additional pit run LS 1 2,100.00 2,100.00 2,100.00 2,100.00 CO #3 Water stabilization LS 1 10,464.00 10,464.00 10,464.00 10,464.00 1,407.00 CO/3 Structural fill under pipe LS 1 1,407.00 1,407.00 1,407.00 Grand Total 2,053,980.74 476,730.79 186,535.88 663,266.67 1,390,714.07 Retainage Withheld 47,673.08 18,653.59 66,326.67 66,326.67 Retainage Release 1,457,040.74 Actual Payment 429,057.71 167,882.29 596,940.00 Pogo 2 DRT2, LLC 0204 Alpine Court Glenwood Springs, CO 81601 BILL TO Wintergreen Homes P.O. Box 978 Avon, CO. 81620 Invoice DATE INVOICE # 1/31/01 724 Page 1 P.O. NO. TERMS PROJECT Cerise Ranch ITEM DESCRIPTION Est Amt Prior Amt Prior % QTY RATE Curr % Total % AMOUNT Item 1 Mobilization, including any and all equipment necessary to complete project, 62,100.00 27,320.00 43.99% 0.0161 62,100.00 1.61% 45.60% 1,000.00 Item 2 Grading & earthwork for road construction & drainage improvements, including import or export of material, clearing & grubbing, topsoil removal, subgrade scarification, complete & in place 97,950.00 48,975.00 50.00% 0 97,950.00 0.00% 50.00% 0.00 Item 3 Grading & earthwork for water tank base prep, including clearing & grubbing, topsoil removal, subgrade scarification complete & in place 59,955.00 10,600.00 17.68% 0 59,955.00 0.00% 17.68% 0.00 Item 4 3" Class CX asphaltic pavement, furnished & installed complete & in place 88,567.50 0 7.35 0.00% 0.00% 0.00 Item 5 Class 6 aggregate base course 90,942.00 0 23.00 0.00% 0.00% 0.00 (8" deep), including furnishing, hauling , placing & compaction, complete & in place Item 6 Geotextile fabric for aggregate separation, complete & in place 13,255.00 1,100.00 8.30% 295.45455 1.10 2.45% 10.75% 325.00 Item 7 Mountable, median type curb 8,943.75 0 13.25 0.00% 0.00% 0.00 & gutter, complete & in place Item 8 Construction of 10' wide access road to water tank, including 21,326.50 21,326.50 100.00% 0 65.62 0.00% 100.00% 0.00 Class 6 A.B.C. subgrade preparation, complete & in place Total Page 1 DRT2, LLC 0204 Alpine Court Glenwood Springs, CO 81601 BILL TO Wintergreen Homes P.O. Box 978 Avon, CO. 81620 Invoice DATE INVOICE # 1/31/01 724 Page 2 P.O. NO. TERMS PROJECT Cerise Ranch 1 ITEM DESCRIPTION Est Amt Prior Amt Prior % QTY RATE Curr % Total % AMOUNT Item 9 Construction of 5' deep drainage channel, excavation, complete & in place 9,838.75 1157.50118 4.25 50.00% 50.00% 4,919.38 Item 10 Relocate existing irrigation ditch, complete & in place 7,002.64 7,002.64 100.00% 0 1.52 0.00% 100.00% 0.00 Item 11 Soil nailing wall, including any rock excavation or unsuitable material removal and replacement, site prep, recompaction & materials, complete & in place 51,000.00 20,711.00 40.61% 0 34.00 0.00% 40.61% 0.00 Item 12 24" HDPE, Type S culvert, including material, excavation, bedding, backfill & compaction, complete & in place 9,570.00 0 29.00 0.00% 0.00% 0.00 Item 13 Each 24" flared end section for 1,980.00 0 220.00 0.00% 0.00% 0.00 HDPE Type S culvert, complete & in place. Item 14 49" x 33" CMP arch curvert, including material, excavation, bedding, backfill & compaction, complete & in place 10,000.00 106.28 50.00 53.14% 53.14% 5,314.00 Item 15 Each concrete headwall for 49" x 33" CMP arch culvert complete & in place 30,000.00 0 7,500.00 0.00% 0.00% 0.00 Item 16 71" x 47" OMPA culvert, including excavation, bedding, compacted backfill, complete 24,840.00 175.97826 92.00 65.18% 65.18% 16,190.00 & in place. Total Page 2 DRT2, LLC 0204 Alpine Court Glenwood Springs, CO 81601 BILL TO Wintergreen Homes P.O. Box 978 Avon, CO. 81620 Invoice DATE INVOICE# 1/31/01 724 Page 3 P.O. NO. TERMS PROJECT Cerise Ranch T ITEM DESCRIPTION Est Amt Prior Amt Prior % QTY RATE Curr % Total % AMOUNT Item 17 Concrete culvert headwall for 36,000.00 0 9,000.00 0.00% 0.00% 0.00 71" x 47" CMPA culvert, including concrete, reinforcement, excavation & backfill., complete & in place Item 18 24" D,I,P, , Class 52 water main, including excavation, bedding, backfill complaction, 24,000.00 0 80.00 0.00% 0.00% 0.00 tees, fittings, plugs, thrust blocks, bends, tracer wire & testing, complete & in place Item 19 12" D.I.P. , Class 52 water main, including excavation, bedding, backfill compaction, 41,302.25 36,823.00 89.16% 0 32.65 0.00% 89.16% 0.00 tees , fittings, plugs, thrust blocks, bends, tracer wire & testing, complete & in place Item 20 Each 12" gate valve, valve box, & appurtenances, complete & in place 5,200.00 4,746.12 91.27% 0 1,300.00 0.00% 91.27% 0.00 Item 21 10" D.I.P.., Class 52 water main, including excavation, bedding & backfill, compaction, tees , fittings, plugs, thrust blocks, bends, tracer wire & testing. complete 143279.50 50,006.80 34.90% 1768.41244 30.55 37.71% 72.61% 54,025.00 & in place Item 22 Each 10" gate valve, valve box, & appurtenances, complete & in place 15,400.00 7,083.00 45.99% 6.00455 1,100.00 42.89% 88.88% 6,605.00 Total Page 3 DRT2, LLC 0204 Alpine Court Glenwood Springs, CO 81601 BILL TO Wintergreen Homes P.O. Box 978 Avon, CO. 81620 Invoice DATE INVOICE # 1/31/01 724 Page 4 P.O. NO. TERMS PROJECT Cerise Ranch ITEM DESCRIPTION Est Amt Prior Amt Prior % QTY RATE Curr % Total % AMOUNT Item 23 8" D.I.P. , Class 52 water main, including excavation, bedding, backfill, compaction, tees, fittings, plugs, thrush blocks, bends, tracer wire & testing , complete & in place. 80,967.60 53,981.85 66.67% 681.76367 28.35 23.87% 90.54% 19,328.00 Item 24 Each 8" gate valve, valve box 8,000.00 3,980.00 49.75% 1.06125 800.00 10.61% 60.36% 849.00 & appurtenances, complete & in place Item 25 6" D.I.P. , Class 52 water main, including excavation, bedding, backfill compaction, tees, fittings, plugs, thrust blocks, bends, tracer wire & testing. complete & in place 1,022.00 649.00 63.50% 14.59883 25.55 36.50% 100.00% 373.00 Item 26 Each 6" gate valve, valve box 600.00 0 600.00 0.00% 0.00% 0.00 & appurtenances, complete & in place Item 27 Each 1.0" water service, including corporation stop, shut-off valve, excavation, backfill, compaction, complete 25,200.00 20,700.00 82.14% 5 900.00 17.86% 100.00% 4,500.00 & in place Item 28 Each fire hydrant assembly, including excavation, bedding, backfill compaction, hydrant 41,600.00 17,032.00 40.94% 3 2,600.00 18.75% 59.69% 7,800.00 6" auxiliary valve, tee, 6" hydrant, 6" D.I.P.. lateral pipe, polywrap, & thrust blocks, complete & in place. Total Page 4 DRT2, LLC 0204 Alpine Court Glenwood Springs, CO 81601 BILL TO Wintergreen Homes P.O. Box 978 Avon, CO. 81620 Invoice DATE INVOICE # 1/31/01 724 Page 5 P.O. NO. TERMS PROJECT Cerise Ranch ITEM DESCRIPTION Est Amt Prior Amt Prior % QTY RATE Curr % Total % AMOUNT Item 29 Each Air -vac valve & vault including all valves, appurtenances, excavation, backfill, & compaction, complete & in place 18,000.00 409.00 2.27% 0.70867 3,000.00 11.81% 14.08% 2,126.00 Item 30 Each pumphouse, including site prep, excavation, compaction, foundation, structure, utilities, all materials 51,000.00 0 51,000.00 0.00% 0.00% 0.00 & installation complete & in place Item 31 Pumphouse appurtenances, including site prep, connections, controls, valves, gauges, plumbing, etc. complete & in place 25,198.00 0 25,198.00 0.00% 0.00% 0.00 Item 32 Steel water tand, 300,000 gallons„including backfill 137550.00 0 137550.00 0.00% 0.00% 0.00 covering tank, testing, etc. complete & in place Item 33 Water tank appurtenances including site preparation, connection, controls, valves, • singes, plumbing, etc. complete & in place. 16,000.00 0 16,000.00 0.00% 0.00% 0.00 Item 34 10” PVC , drain from water tank, including excavation, bedding, backfill compaction, 2,200.00 0 22.00 0.00% 0.00% 0.00 tees, fittings, bends, plugs, theist blocks, restrained joints (where necessary), complete & in place Total Page 5 DRT2, LLC 0204 Alpine Court Glenwood Springs, CO 81601 BILL TO Wintergreen Homes P.O. Box 978 Avon, CO. 81620 Invoice DATE INVOICE # 1/31/01 724 Page 6 P.O. NO. TERMS PROJECT Cerise Ranch ITEM DESCRIPTION Est Amt Prior Amt Prior % QTY RATE Curr % Total % AMOUNT Item 35 4' deep utility trench for electric, telephone, cable & gas, conduit & warning tape installation in utility trench as required by electric , telephone, cable & gas (conduit & waring tape provided by others) including excavation, bedding, backfill & compaction, complete & in place 59,663.25 0 6.75 0.00% 0.00% 0.00 Item 36 10" plastic irrigation pipe (PIP) 12,870.00 0 13.00 0.00% 0.00% 0.00 , 100psi, including excavation, bedding, backfill & compaction, complete & in place Item 37 8" plastic irrigation pipe (PIP) , 100 psi, including excavation, bedding, backfill & compaction, complete & in place 19,035.00 9,370.38 49.23% 0 11.75 0.00% 49.23% 0.00 Item 38 Each PIP cleanouts, including. excavation, bedding backfill 2,500.00 0 156.25 0.00% 0.00% 0.00 compaction & appurtenances, complete & in place Item 39 Each Drywell, including excavation, bedding, backfill & compaction, & appurtenances complete & in place 5,000.00 0 5,000.00 0.00% 0.00% 0.00 Total Page 6 DRT2, LLC 0204 Alpine Court Glenwood Springs, CO 81601 BILL TO Wintergreen Homes P.O. Box 973 Avon, CO. 81620 Invoice DATE INVOICE # 1/31/01 724 Page 7 P.O. NO. TERMS PROJECT Cerise Ranch ITEM DESCRIPTION Est Amt Prior Amt Prior % QTY RATE Curr % Total % AMOUNT Item 40 Each concrete intake structure including furnishing & installing wheel gate, bar screen, concrete, stop blocks, etc. also includes excavation, backfill & compaction, complete & in place 13,710.00 0 4,570.00 0.00% 0.00% 0.00 Item 41 12 -pair direct bury telemetry cable installed in own 36" deep trench, including all excavation, backfill, splices, junction boxes, and appurtenances complete & in place 3,175.00 400.00 12.60% 0 0.50 0.00% 12.60% 0.00 Item 42 Each electric transformer vault/ manhole excavation, including placement of vault, backfill, & compaction per each 15,400.00 0 550.00 0.00% 0.00% 0.00 HIGHWAY 82 IMPROVEMENTS Item 43 Grading & earchwork for road construction & drainage improvements including import or export of material, clearing & grubbing, topsoil removal, subgrade scarification, unsuitable material removal, replacement, & recompaction, complete & in place 25,000.00 0 25,000.00 0.00% 0.00% 0.00 Item 44 NO BID 0 0.00 Total Page 7 DRT2, LLC 0204 Alpine Court Glenwood Springs, CO 81601 BILL TO Wintergreen Homes P.O. Box 978 Avon, CO. 81620 Invoice DATE INVOICE # 1/31/01 724 Page 8 P.O. NO. TERMS PROJECT Cerise Ranch ITEM DESCRIPTION Est Amt Prior Amt Prior % QTY RATE Curr % Total % AMOUNT Item 45 4" Class CX asphaltic pavement, 2" lifts, furnishced 63,036.00 0 10.20 0.00% 0.00% 0.00 & installed complete & in place Item 46 Class 6 aggregate base course 23,920.00 0 23.00 0.00% 0.00% 0.00 (6" deep) including furnishing, hauling, placing & compaction, complete & in place Item 47 Class 1 aggregate base course, (12" deep), including furnishing, hauling, placing & compaction, complete & in place 47,216.00 0 22.70 0.00% 0.00% 0.00 Item 48 Extend 7' x 7' concrete box culvert, including, excavation, bedding, backfill & compaction, complete & in place 11,400.00 0 1,425.00 0.00% 0.00% 0.00 Item 49 Guardrail , CDOT Type 3, including fiunishing & installing complete & in place 6,500.00 0 81.25 0.00% 0.00% 0.00 Item 50 Remove & replace gurardrail, CDOT Type 4, including furnishing & installing complete & in place 39,600.00 0 44.00 0.00% 0.00% 0.00 Item 51 Pavement striping, complete & in place, per CDOT specifications 4,400.00 0 4,400.00 0.00% 0.00% 0.00 Item 52 Traffic control per CDOT specifications, and notice to property owners, complete & in place 14,000.00 0 14,000.00 0.00% 0.00% 0.00 Total Page 8 DRT2, LLC 0204 Alpine Court Glenwood Springs, CO 81601 BILL TO Wintergreen Homes P.O. Box 973 Avon, CO. 81620 Invoice DATE INVOICE # 1/31/01 724 P.O. NO. TERMS PROJECT Cerise Ranch ITEM DESCRIPTION Est Amt Prior Amt Prior % QTY RATE Curr % Total % AMOUNT Item 53 Construction of emergency access road across median including Class A A.B.C., grading, earthwork, drainage improvements, scarification, & compaction complete & in place 3,000.00 0 3,000.00 0.00% 0.00% 0.00 Item 54 Each Class I ground sign installation, constructed according to Colorado Division of Highways S-Standsrds , complete & in place 1,200.00 0 300.00 0.00% 0.00% 0.00 Item 55 Each emergency breakaway gate, including furnishing & installing all materials complete 2,000.00 0 2,000.00 0.00% 0.00% 0.00 & in place per each Item 56 Revegetation & landscaping of all areas disturbed by construction, including establishing annual grass growth, erosion control before vegetation is established complete & in place 7,000.00 0 7,000.00 0.00% 0.00% 0.00 Item 57 Each Class I ground sign installation, constructed according to Colorado Division of' Highways S -Standards , complete & in place 5,700.00 0 300.00 0.00% 0.00% 0.00 Total Page 9 DRT2, LLC 0204 Alpine Court Glenwood Springs, CO 81601 BILL TO Wintergreen Homes P.O. Box 978 Avon, CO. 81620 Invoice DATE INVOICE # 1/31/01 724 Page 10 P.O. NO. TERMS PROJECT Cerise Ranch ITEM DESCRIPTION Est Amt Prior Amt Prior % QTY RATE Curr % Total % AMOUNT Item 58 Erosion & sediment control, including NPDES Permit & other features necessary to control erosion during construction activities, dust control (zero tolerance), also including excavation & backfill and all necessary 15,000.00 15,000.00 100.00% 0 15,000.00 0.00% 100.00% 0.00 materials & equipment, complete & in place Item 59 Diversion for existing creek 11,000.00 0 11,000.00 0.00% 0.00% 0.00 (north spring), including excavation, backfill, wetland concerns, box culvert, foundation, & weir , complete & in place Item 60 Fencing all wetlands to eliminate disturbance during construction (type to be approved by engineer ) including furnishing & installing , complete & in place 3,000.00 3,000.00 100.00% 0 3,000.00 0.00% 100.00% 0.00 & removal after construction Item 61 Topsoil management including excavaton, clearing, stockpiling, & replacing, complete & in place 15,000.00 1 15,000.00 100.00% 100.00% 15,000.00 Item 62 Excavation, including, shaping, hauling, dewatering, etc complete & in place 138225.00 124414.50 90.01% 4845.78947 2.85 9.99% 100.00% 13,810.50 Item 62A 30 Mill Pond liner 177100.00 0 0.70 0.00% 0.00% 0.00 Item 62B Placement of Topsoil on proposed berms 30,000.00 0.75 30,000.00 75.00% 75.00% 22,500.00 Total Page 10 DRT2, LLC 0204 Alpine Court Glenwood Springs, CO 81601 BILL TO Wintergreen Homes P.O. Box 978 Avon, CO. 81620 Invoice DATE INVOICE # 1/31/01 724 Page 11 P.O. NO. TERMS PROJECT Cerise Ranch ITEM DESCRIPTION Est Amt Prior Amt Prior % QTY RATE Curr % Total % AMOUNT Item 63 Item 64 Item 65 Item 66 Revegetation and landscaping around disturbed areas of lake, including establishing annual grass growth, erosion control before vegetation is established, complete & in place Excavation for unsuitable material, including removal & disposing of unsuitable material & replacing with compacted Class 3 aggregate base course, complete & in place 1.25" Pure Core tubing, including excavaton, bedding, backfill compaction, tees, 8,000.00 1,100.00 7,590.00 7,590.00 0 0 0 0 8,000.00 11.00 11.00 11.00 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00 0.00 0.00 0.00 fittings, valves, testing, connectionsl to existing spring & to existing house, complete & in place 1.5" 80 psi polyethylene pipe, including excavation, bedding, backfill compaction, tees, fittings, valves, testing, connections to existing spring & to existing house irrigation system, complete & in place. Total $174,664.88 Page 11 Cerise Rana,. Subdivision — Phase 1 Change Orde - #1 November 1- , 2000 Page 2 of 2 does :lot include any wall below the water tank base. Nc change in price. Change to C,)NTRACT PRICE: $ -3,861.00 Original CONTRACT PRICE: $ 2,058,720.74 Current CONTRACT PRICE adjusted by previous CHANGE ORDER $ 2.058,72(1.74 The CONTRACT PRICE due to this CHANGE ORDER will be (decreased) by $ -3,861.00 The New CONTRACT PRICE including this CHANGE ORDER will be 054.85 74 Cha ',fie to C( >NTRACT TIME: The CONTR.\CT TIME will be (increased) (decreased) by The .late for .:ompletion of all work will be APPROVALS REQUIRED: App oved by Engineer: Zero Calendar days. July 31, 2001 (Date). 5�- Acce pted by. Contractor: Acce ted and Approved by Owner: CO -2 HCE Job No. 99054.01 CHANGE ORDER Order No. ft - Date: Agreement Date NAME OF PP.OJEC,T�: Cerise Ranch - Phase I OWNER: Ai IN (e ' C.,a 10 g61( 6 CONTRACT( )R: The following changes are hereby made to the CONTRACT DOCUMENTS: Justification: Change to C( NTRACT PRICE: $ /A r 750 .t D Original COr\ TRACT PRICE: $ 01,lb 6'6 ,Sao 114 Current CONTRACT PRICE adjusted by previous CHANGE ORDER $ , 0 1, 764, ?y G �m 64q per j 1 /. 'i 1 q -11/,?54/66 100,00 1a,?56,60 The CONTRACT PRICE due to this CHANGE ORDER will be (increased) decreased)by $-/x,'750,op The New CC \ITRACTPRICE including this CHANGE ORDER will be $ Change to CONTRACT TIME: The CONTR CT TIME will be (increased) (decreased) by Calendar days. The date for ;completion of all work will be (Date). APPROVAL 3 REQUIRED: Approved b3 Engineer: Accepted by Contractor: Accepted an, Approved by Owner: Federal Agency Approval (where applicable): co -1 DRT2, LLC 0204 Alpine Court Glenwood Springs, CO 81601 CUSTOMER Wintergreen Homes P.O. Box 978 Avon, CO. 81620 Credit Memo DATE CREDIT NO. 11/27/00 694 P.O. NO. PROJECT Cerise Ranch DESCRIPTION QTY RATE AMOUNT For CTL contract, Line Item #1 -1 14,850.00 -14,850.00 Thank you for your business. Total s-14,850.00 DRT2, LLC 0204 Alpine Court Glenwood Springs, CO 81601 BILL TO Wintergreen Homes P.O. Box 1530 Avon, CO. 81620 Change Order DATE INVOICE # 12/29/00 719 P.O. NO. TERMS PROJECT Extra Gravel DESCRIPTION QTY RATE AMOUNT Line Item #19 Additional pit run, 262 Cubic yards of Trench fill per Dale Hope 1 2,100.00 2,100.00 Thank you for your business. Total 52,100.00 HCE Job No. 99054.01 CHANGE ORDER Order No. Date: Agreement Date NAME OF POJECT: Cerise Ranch - Phase I OWNER: JipJ1_.3 /fit rle5 CONTRACTOR: era., , Lit The followint changes are hereby made to the CONTRACT DOCUMENTS: Justification: Change to C( NTRACT PRICE: $ 1/ k g 1.7/ D 0 bet NV (o43 /4, h8p & 1 od '7A5 1401,00 Original COI• TRACT PRICE: $ , ig q ll, 'I J , oo Current COI` 'RA T PRICE adjusted by previous CHANGE ORDER $ 6,tgL, /off+i44 The CONTR '.CT PRICE due to this CHANGE ORDER will be tincreased (decreased) by $ /01'7/160 The New CC \ TRACT PRICE including this CHANGE ORDER will be $ Q53 Change to C( >NTRACT TIME: The CONTR \.CT TIME will be (increased) (decreased) by Calendar days. The date for ;ompletion of all work will be (Date). APPROVAL 3 REQUIRED: Approved b} Engineer: Accepted by Contractor: Accepted an . Approved by Owner: Federal Age icy Approval (where applicable): CO -1 DRT2, LLC 0204 Alpine Court Glenwood Springs, CO 81601 BILL TO Wintergreen Homes P.O. Box 978 Avon, CO. 81620 Change Order DATE INVOICE # 1/31/01 725 P.O. NO. TERMS PROJECT Cerise Ranch DESCRIPTION QTY RATE AMOUNT Structural fill under pipe 201 cy 201 7.00 1,407.00 Thank you for your business. Total $1,407.00 DRT2, LLC 0204 Alpine Court Glenwood Springs, CO 81601 BILL TO Wintergreen Homes P.O. Box 1530 Avon, CO. 81620 Invoice DATE INVOICE # 11/30/00 693 P.O. NO. TERMS PROJECT Cerise Ranch Extras DESCRIPTION QTY RATE AMOUNT 790 LF of 10" Water stabilization on Larkspur 790 5.00 3,950.00 4 Rolls of Fabric, Dodsons 1 1,352.00 1,352.00 Pipe under pipe 3' 11/6/00 100 LF 11/7/00 2OLF 11/9/00 140 LF 11/10/00 100 LF 11/14/00 20 LF 11/16/00 140 LF 520 LF = 232 CY 232 14.00 3,248.00 Pipe Over 3' 11/9/00 80 LF 11/10/00 100 LF 11/14/00 70 LF 11/16/00 140 LF 390 LF = 174 CY 174 11.00 1,914.00 Thank you for your business. Total $10,464.00 'LICAT )N AND CERTIFICATE FOR PAYMEN , AIA DOCUM[N 1 G702 Ilnstt tic -lions On (cvcisc %NER: si(Ic) PA(;1. ()NE OP PAGES Wintergreen Homes P.O. Box 1530 Avon, CO. 81620 :ONTRAC OR: DRT2, LLC. ACT FOR: PROJECT: Cerise VIA ARCIIITECT: Ranch APPLICATION NO.: PERIOD TO: PROJECT NOS.: CONTRACT DATE: 1 TRACTOR'S APPLICATION FOR PAYMENT Ion is made for payment, as shown below. In connection with thc Contract. Won Sheet, ALA Document G703. Ls attached INAL CONTRACT SUM hawa-by change_Otdeta TRACT SUM TO DATE (line I± 2) ( --",326,240.74 2,326, 240.74 L COMPLETED & STORED TO DATE f nn G on G703) 131,388.95 _CIE:13,138.90 % of Completed Veloric i lunuu D + E on G703) % of Stored Material Iumn F on G703) ctalnage (Unc 52 + 5b or tl In Column I of G703) . >i EARNED LESS RETAINAGE $ less Unc 5 1bta1) PREVIOUS CERTIFICATES FOR PAYMENT from prior Certificate) _NT PAYMENT DUE ICE TO FINISH, INCLUDING RETAINAGE_ less Line 6) , 94, 851.79 0 I 118,250.05 ORDER SUMMARY ngcs approved In months by Owner roved this Month TOTALS 1NGES b Chan:c Order ADDITIONS DEDUCTIONS Distribution to: ❑ OWNER ❑ ARCHITECT ❑ CONTRACTOR 11te undersigned Contractor certifies that to the bat of thc Contractor's knowledge, infor- mation and belief the Work covered by this Application for Payment has been completed In accordance with thc Contract Documents, that all amounts have been paid by the Contractor for Mork for which previous Certificates for Payment were issued and pay- ments received from thc Owner, 2nd that current payment shown herein is now due_ CONTRACTOR: f`. • J}X — State of: County of: Subscribed and sworn to befoyE. me this LS' �` day of /%l'(71//S Notary Public: My Commission expirfs: /r/ VONA LEE NOTARY PUBLIC STATE OF COLORADO My Commission Expires 07/03/2104 lJ ARCHITECT'S CERTIFICATE FOR PAYMENT In accordance with the Contract Documents, based on on -slue observations and the data comprising this application, the Architect certifies to the Owner that to the best of the Architect's knowledge, Information and belief the Work has progressed as indicated, thc quality of the Work is In accordance with the Contract Documents, and the Contractor is entitled to payment of the AMOUNT CERTIFIED. AMOUNT CERTIFIED (.lttacb ex/planation if amount certified differs from the amount applied for. initial all figures u., ,Ms Application and on the Continuation Sbeel Ibal are cbanged to confornz to the amount certified.) ARCIIIT'f(:'T: Iiy: Dale: This Certificate Is not negotiable. The AMOUNT CERTIFIED is payable only () Ute Con- tractor named herein. Issuance, payment and acceptance of payment arc without prejudice to any lights of the Owncr or Conuaclor mulct. Oils Contract. DOCUMENT ai02 • API'LtCA1IUN ANI) CERTIFICATE ( FUR 1'AYA1ENl' • 171! Eon 11)N • AIA' • ')IY'u •'1111, null Itis AN IN`,1111111 ur AItt:1I1 I I ('t\, 17)5 NI W 5 ItK NUE, N.W. WA-SIIIN(;1UN• 11C 1U(x,S.$292 • WARNING: Unlicensed photocopying violate. ll S copyright laws E)d wIll subject the vlol.tur to legal Ixu•ecullon 'ou should use en orlgInnl /NIA doc intenl which hnv 11)I9 caution printed In cert A1) n l 1, nl I r IL I,.• ��to �1 „ G702-1992 12/12/2000 15:59 9709842296 DRT2, LLC 0204 Alpine Court Glcnwood Springs, CO 81601 BILL TO Vrintargraen liaaaaa P.O. Sox 978 Avon, CO. 8162+0 DRT 2 PAGE al Invoice DATE INVOICE s 11/U00 657 Post -le Fx P.O. NO. 7671 Date /a ,/4 r J IICo/Dept.paia_ To Cann Ranch �f Co. ITEM Pnone w Est Mit Prior Amt Prior % QTY RATE Phone a Total 54 AMOUNT PaY♦ L I q' L 1 40 Fa- a r7 ! d (/,,p -A y1 t 6 Page 1 P.O. NO. TERMS PROJECT Cann Ranch T ITEM DESCRIPTION Est Mit Prior Amt Prior % QTY RATE Cur 54 Total 54 AMOUNT Item 1 Mobilization, including any end an equipment neceatery to cn ProlI. 62,100.00 0.12335 62,100.00 123454 123496 7,660.00 Item 2 Orwling & oatiiwork for rod commotion & drains6p import or export of clawing & grubbing, topsoil ramovni, mDgrade ecmilication, complete & in 97,950.00 0.3 .950.00 30.00% 30.0094 29,385.00 Piece Item 3 Grading * earthwork for mete[ tank bane induct 59,955.00 0 ,955.00 0.0056 0.00% 0.00 prep, ttg de:Mg & grabbitg, topsoil removsk snbgtttle ecaciIIaaon complete & in Place Inn 4 3' Cis CX eaphdtic pavement, furnished & 8x,567.50 0 735 0.00% 0.0096 0.00 Metalled & in complete place Item 5 Clem 6 spat egale base 90.942.00 0 23.00 0.0056 0.00!6 0.00 carie cr"deep>,g finnigaing 6•placing & compaction, complete do in P Item 6 OavtaxLila flit is for aggregate oepenattion. complete &inplace 13,255.00 0 1.10 0.00% 0.0056 0.00 Item 7 Mountable, median type cnxb 8,943.75 0 13.25 0.00% 0.00'i4 0.00 & getter. complete & in place 1t n 9 Camannction of 10' wills arcane rood to water twk, including 21,326.50 97.5 65.62 30.0054 30.0056 6,397.95 Clans 6 A.B.C. nob rida & in Place Thank you far boainean. year Total Page 1 12/12/2000 15:59 9709842296 DRT2, LLC 0204 Alpine Court Glenwood Springs, CO 81601 BILL TO Wintergreen Homes P.O. Box 978 Avon. CO. 81620 DRT 2 PAGE 02 Invoice DATE INVOICE I 11/1/00 657 P.O. NO. TERMS PROJECT Cerise Ranch ITEM DESCRIPT}ON Eat Amt Prior Amt Prior % QTY RATE Cur % Total % AMOUNT item 9 Cacnrnctson of 5' deep drainage channel, excavation, complete lE in Piece 9.838.75 0 4.25 0.0056 0.00% 0.00 Iteam 10 Ralocsta existing Miguel= ditch complete & in piece 7,002.64 0 1.52 0.00% 0.00% 0.00 Iiem 11 Sold nailing well. including any rock excavation or unsuitable material ramovei and repiactment sae pm, recompection & matnriala, complete & in place 51,000.00 0 34.00 0.00% 0.0031 0.00 Item 12 24" HDPE, Type 3 calvett. material, excavation. bedding. bill & convection. complete & is 9,570.00 0 29.00 0.00% 0.00% 0.00 Awe Item 13 Each 24" iced and section for 1.980.00 0 220.00 0.00% 0.00% 0.00 MPS Type 3 culvert, caapieoe ik m place. Item 14 49' x 33" CUP arch etnveti. including mama excavation, bedding beckE& & compaction, complete & in place 10,000.00 0 50.00 0.00% 0.00% 0.00 Item 15 Each concrete headwall far 49' x 33' OAP arch culvert complete & in place 30,000.00 0 7,500.00 0.00% 0.00% 0.00 Rem 16 71' x 47' CIPA advert. including on• compacted beck= complete 24,840.00 0 92.00 0.00% 0.00% 0.00 & in plan. Thank you for your buaiaew. Total 12/12/2000 15:59 9709842296 DRT2, LLC 0204 Alpine Court Glenwood Springs, CO 81601 SILL TO lyv it Ham P.O. Box 978 Avon, CO. 81630 DRT 2 PAGE 03 Invoice DATE INVOICE * 657 Page 3 P.O. NO. TERMS PROJECT Cerise Ranch I i REM DESCRIPTION Est Amit Prior Arta 1 Prim % QTY RATE I Cur 94 Total % AMOUNT Item 17 Concrete culvert headwall for 36,000.00 0 9,000_0 0.00% 0.000,4 0.00 71" x 47* CMPA culvert, including concrete, reinforcement Lavation & backf 1. complete & in place Item 18 24"D,1.P, , Claw 52 water main, including excsystien, bedding, °omPlaaron, 24.000.00 0 80.00 0.0034 0.00% 0.00 tees, fitting:, pugs, thsu.t blocks, bends, tracer wire & testing. complete & is place It 19 12" D_IP. , Class 52 water main. mebndins excavation, bedding, back1111, compaction, reel , . piulA thrust blocks, beads. tracer was & 41.302.25 684.47167 32.65 54.11% 54.11% 22,348.00 CCQtplste al in Ph" Item 20 Each 12" grate valve, valve box 5.200.00 2.66308 1,300.00 6638% 66.58% 3,462.00 & appurtenances, umpires & in place Item 21 10' D.LP.., Clea 52 "este( stain, iricluding excavation bedding & Wil d>i, comps:non, tees , fittings, purge, thrust blocks, bends, tracer wire & tetras complete 143279.50 674.07529 30.55 14.37% 14.37% 20,593.00 Goin place Ilam 22 Each 10• gme valve. valve box 15,400.00 4.80273 1,100.00 34.31% 34.31% 5,283.00 & eppta►geienr.., complete & in place Thank you for your business. Total Page 3 12/12/2000 15:59 9709842296 DRT2, LLC 0204 Alpine Court Glenwood Ste, CO 81601 BILL TO w'mtergeen /irons P.O. Box 978 Avon. CO. 81620 DRT 2 PAGE 04 Invoice DATE INVOICE* 11/1/00 657 Pape 4 P.O. NO. TERMS PROJECT Cease Ranch ITEM DESCRIPTION Est Amt Prior Amt Prior % QTY RATE Cur % Total % AMOUNT Item 23 8' D.1P. , Chan 52 water main. including awcaystion. beddin& backfill, cosnperban, tem, phtgt. drub blocks, beds. tracer wire & test , complete ekinplace. 80,967.60 744.97354 2E.35 26.09% 26.0995 21,120.00 Item 24 Each 8" gate valve, valve box 8,000,00 3.062S 800.00 30.6335 30.6355 2,450.00 & appurtenersces, complete & in place Items 25 6" D.I.P. Clam 52 1,02200 25.40117 2.5.55 63.5095 63.5054 649.00 , water Milt ceding excavation. bedding. bean convection teas, onip ,teas, finings, , legs, thrust blocks. bends, tracer wire & tasting. comfdeui &Inplace heat 26 Each 6" gate valve, valve box complete in glace 600.00 0 600.00 0.0054 0.00% 0.00 /tern 27 Each �1.0°WSlerservice, iwwlndiztgexcavation.tionstop, shut-off valve. backfill. compaction. complete 25,200.00 0 900.00 0.00% 0.00% 0.00 & in pieta Item 28 Each fire hydrae assembly, backlit compaction. hydrant 41,600.00 274308 2,600,00 17.14% 17,14% 7,132.00 6" andliery valve, tee, 6' hydrant, 6" D.IP.. latent pipe., palywrap, & tbrna blocks, convicts & in place. Thank you for your lantinetse. Total Pape 4 1G/1L/41Cun y/bytf42'Lyb DRT2, LLC 0204 Alpine Court Glenwood Sperms, CO 81601 BILL TO Wintergreen Homes P.O. Box 478 Avon, CO. 81620 URF 2 PAGE e� Invoice DATE 11/1100 INVOICE X 657 Papa 5 P.O. NO. TERMS PROJECT Cerise Ranch ITEM DESCRIPTION Am Eat t r Prior Amt Prior % T QTY RATE Curr % Total % AMOUNT 1 Item 29 Foch Air -vac valve & yang inducting ail varves, mei. ezwavation. backfill dt compaction, complete & in place 18,000.00 0.13633 3.000.00 2.2754 227% 409.00 Bean 30 Each posimphouee, including 51,000.00 0 51.000.00 0.00% 0.00% 0.00 Me prep, toocivetioa, ompaction. inundation, afiecinra, utilities. ell measure 8a iatatlirion complete & is Place Item 31 25.198.00 0 25,19E_00 0.00% 0.00% 0.00 Pump/man appurtenances, inchiding rite prep, ca_rwctiors_ controls. waves. gauges, plumbing. etc. complete & in Pias Ham 32 sad wear trod, 300.000 oovadng tank. tenting. etc. complete & m piece i 37550.00 0 137550.00 0.0054 0.00% 0.00 ham 33 Welter tali apputtemapoes inchidinb site pc per9tion. connections, connote. vaiveR gauges, plumbeng, etc. sous b in place. 16.000.00 0 16,000.00 0.00% 0.00% 0.00 Item 34 10' PVC , drain from weer tank. including to caverna, bedding, beckE0. compaction. tees, fanny, beads, plop, Outlet blacks, 2,200.00 0 22.00 0.0054 0.00% 0.00 restrained joints (where neoteny), complete b in place Thank yon for your bemuses. Total Papa 5 12/12/2000 15:59 9709842296 DRT2, LLC 0204 Alpine Court Glenwood Springs, COs 1601 BILL TO Wintergreen Iicensa P.O. Bo.x 975 Awn, CO. 81620 DRT 2 PAGE 06 Invoice DATE INVOICE* 11/1100 657 Pap. 0 P.0, NO. TERMS PROJECT Cerise Ranch ITEM 0ESCRIPTION Eat Amt Prior Amt Prior % QTY RATE Cum % Total % AMOUNT Item 35 Item 36 Item 37 Item 3a Item 39 4' deep utility trench for electric, tam, cable & mss. conduit & warning tape inacailatioa in coley trench ow required by electric . telephone. table & gat (conduit & wwting tape provided by others) tnctnding excavation bedding, backfill & compaction. complete & is glace 10" plastic irtfgatine pap. (PIP) , 100pq ezcavadon, bedding,bacltlill & compaction complete & in place S" plastic urticas pipe (PIP) . 100 pI. including so csvKi bedding. baci8Zl & compaction. comp/ate loin I Each PIP cbaooats, factndigg, cxenpection Jrsppartanancee, complete at in Placa Each Drywall, including excavation, bedding backfIll & compaction 4 appurtenances complete & is pinta 59,66325 11,870.00 19,035.00 2500.00 5.000.00 0 0 0 0 0 6.75 1100 11.75 156.25 5,000.00 0.00% 0.00% 0.00% 0.00% 0.00% 0.00%, 0.00% 0.00% 0.00% 0.00% 0.00 0.00 0.00 0.00 0.00 Thank you for your bu®,em_ Total Pap. 0 12/12/2000 15:59 9709842296 DRT2, LLC 0204 Alpine Court Glenwood Sprig CO 81601 BILL TO Winteagoen Hostas P.O. Box 373 Avon. CO. 31620 DRT 2 P,:3E 07 Invoice DATE NVO4CE 657 Pagel P.O. NO. TERMS PROJECT Cerise Ranch ITEM DESCRIPTION En Arra Prior A1nt Prior % QTY RATE Cur % Total % AMOUNT Item 40 Item 41 hem 42 Itun 43 Item 44 Each concrete intake structure including & imaging Wheel Heti, ber sccxa. mets, stop blocks, etc. also include. backfill & compaction. complete & in place 12 -pair direct bury telemetry cable b mailed is owe 36" deep trench. including all excavation. btickffII. Wheel jmnaian boxes, and appurtenance. cornpl.ee & in Place Each electric tramdbaner vita/ manhole 13,710.00 3,175.00 154400.00 25,000,00 0 0 0 0 4,570.00 0 0.50 550.00 2..5,000.00 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00 0.00 0.00 0.00 0.00 excay.poq aim placement of vomit bei & compaction per each HIGHWAY 82 Orading * earthwork for road construction & drainage import or export of mussel, daring & grabbing. topsoil removal, intigrade scarification, >sastitabie maternal removal, replaceateau. A recompsetien. complete & in Nam NO HID Thank von for your basins.. Total Pagel 1'_'/ 1'L/ Ltltlt) 15:55 5 /d5b42296 DRTZ LLC 0204 Alpine Court G1enwood Springs, CO 81601 6iLt. TO Wmtei nc.0 Hcimei P . Box 918 A.tici CO. $ 1620 DRT 2 DATE PAGE 08 Invoice INVOICE * 657 P.O. NO. TERMS PROJECT Cerise Ranch ITEM DESCRIPTION Est Arrt Pr1or Amt I Prior % QTY RATE Cur % Total % AMOUNT Item 45 4' Clean CX Item 46 Item 47 Item 4$ Item 49 Iasi 50 est pri'lentrif, lift, fonioticed as installed complete & in piece Cissa 6 eggrgst bass course (6' damp) including forigithing, placing& complete & m place Chia 1 aggregate base course, (12' deep). including furnishing healing placing & compaction, campiets & in ply Extend T x 7 crorscreta beat 6 bedding, backfill & convection. diets 4 in P 3, installing complete ficin plata 63,036.00 23,920,00 47,216.00 11,400.00 6,500.00 0 0 0 0 0 10.20 23.00 22.70 1,425.00 8125 0.00% 0.00% 0.00'/. 0.00% 0.00f1; 0.O0% 0.009E 0.00% 0.00% 0.00% 0.00 0.00 0.00 0.00 0.00 51 Item 52 Remove & replacs ganipilrga. CDOT Type 4, including finusishing to installing complete &MOweItem Paa vsiesrt striping, complete 4 in plats, pot C DOT specifications Metric control per CDOT epecifications, and notice to pmpe ty own °weal, complete & in place 39,600.00 4,400.00 14,000.00 0 0 0 14,000.00 44.00 4,400.00 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00 0.00 0.00 Ilse* you for your business. Total 12/12/2000 15:59 9709842296 DRT2, LLC 0204 Alpine Court clued sem, CO 8i6oi BILL TO Wintergreen Homes P.O. Bax 978 Avon, CO. 81620 DRT 2 PAGE 09 Invoice DTE INVOICE 11/1/00 657 Page 9 P.O. NO. TERMS PROJECT Cerise Ranch ITEM DESCRIPTION Est ,t n( Prior pmt Prior % QTY RATE Gx► 96 Total 96 AMOUNT Item 53 Coon of emergency access road acmes median including Cine ^ A.B.C., earthwork. drainage mac :mam >ta, scasilication. at compaction complete a in 3,000.00 0 3,000.00 0.00% 0.00% 0.00 Plwa Item 54 Each (lar I ground sign installation. constructed according to Colorado Division of Ifighways 5 -Standard, , complete te in place 1,200.00 0 300.00 0.O0% 0.00% 0.00 Item 55 Each emergency breatawsy gate, inclacting funnelling A 2.000.00 0 2.000.00 0.00% 0.00% 0.00 Metalling ea nheoemate complete & in place per each Item 56 Revegetation a Lodecaping of all mem disturbed by comdoction. mdoding establishing Must Irmo growth, erosion control before vegetation is estabtishod complete ! in place 7,000.00 0 7,000.00 0.00% 0.0034 0.00 Item 57 Each Class I ground sign it Matic rt constructed according to Colorado Division of HIghuye 3-3taadseda , contp3ete dr in place 5,700.00 0 300.00 0.00% 0.00% 0.00 Thank yon for your butinar. Total Page 9 ,12/12/2000 15:59 9709842296 DRT2, LLC 0204 Alpine Court Glenwood Springs, CO 81601 t31LL TO Winret&ree,t Homes P.O. Sox 973 Avon. CO. 81620 DRT 2 PAGE 10 Invoice GATE INVOICE S 11/1/00 657 Pipe 10 P.O. NO. TERMS PROJECT Cerise Ranch ITEM 19114 dg ij !9 Est Amt Prior Arrt Prior % QTY RATE Our % Total % AMOUNT Item 58 15.000.00 0.3 15,000.00 30.00% 30.00X 4,500.00 Item 59 11,000.00 0 11,000.00 0.00% 0.00% 0.00 Rem 60 3~000.00 0 3.000.00 0.00% 0.00% 0.00 Item 61 55,200.00 0 55,200.00 0.0094 0.00% 0.00 Item 62 619200.00 0 619200.00 0.00% 0.0094 0.00 1haii you for your basemen. Total Pipe 10 i'L/ lG/-bt7b 15: 5y 9/09842296 DRT2, LLC 0204 Alpine Court Glenwood Springs, CO 81601 BILL TO Wituergreen Homes P.O. Box 978 Avon. CO. 81620 DRT 2 PAGE 11 Invoice GATE 1111100 INVOICE 657 Page 11 P.Q. NO. TERMS PROJECT Census Ranch ITEI,4 DESCRIPTION Est Ant Prior Amt Prior % QTY RATE Ctrr % Total % AMOUNT Item 63 Item 64 item 65 Item 66 Revegetnion and landscaping aroaad tbourbed stem of lake, mcla 8,000.00 1,400.00 7,590.00 7,590.00 0 0 0 8,000.00 0 14.00 11.00 11.00 0.00% 0.00% 0.00% 0.00% 0.005$ 0.00% 0.00% 0.00% 0.00 0.00 0.00 0.00 gime growth, srosinn control before vegetation is complete & in Pace Excavation for tournatahis material, including removal & disposing of unsuitable material b mincing with compacted Ciao 3 agwe * base coarse. complete & in place 1 including axcavaton. bedding, fittings, mews. teeth% cow to existing spring A to a toting home, errltpirte bin piece 1.5" 80 psi polyethylene pipe, including mention, bedding, back= carepecticex ins, vstvas, testing, comuKtie= to existing Irk; b to existfig boom irrigation erten, Ante bin place. Thank yon for your business. Total 3131,388.95 Page 11 CERISE RANCH, LLC DRT2 1000 Cerise Ranch #4168 Draw 3 Ep22p6N1 SIR SPEEDY PRINT 303-232-S301 1/29/01 " '- 1129101 5020 90,197.68 90,197.68 PRINTED IN U.S.A. APPLICATION AND CERTIFICATE FOR PAYMENT AIA nOni im mI 6702 (instructions On reverse side) PAG, ONE OF TO OWNER: Wintergreen Homes P.O. Box 1530 Avon, CO. 81620 FROM CONTRACTOR: CONTRACT FOR: DRT2, LLC 0204 Alpine Court Glenwood Springs, PROJECT: Cerise Ranch -Phase I APPLICATION NO.: 3 PERIOD TO: 12/1/00 PROJECT NOS : 12/29/00 VIA ARCHITECT: CO 81601 • CONTRACT DATE: 11/9/00 PACES Distribution to: ❑ OWNER ❑ ARC/ IITECI ❑ CONTRACTOR a CONTRACTOR'S APPLICATION FOR PAYMENT ,pplIcation Is made for payment, as shown bclow, In conncctlon with thc Contract. 2ontInuation Sheet, AIA Document G703, Is attached. . ORIGINAL CONTRACT SUM g 2,058,720.74 dat-trhange y -Change Ordets • CONTRACT SUM TO DATE (Line I ± 2) $ • TOTAL COMPLETED & STORED TO DATE S (Column G on G703) - 12,750.00 2,045,970.74 476,730.79 • RET/AGE: a-% of Completed Work 5 4 7, 6 7 3 .0 8 (Columns D + E on G703) b. % of Stored Material $ (Column F on G703) Tbtal Retainage (Linc 5a + 5b or Total in Column 1 of G703) f TOTAL EARNED LESS RETAINAGE f 429,057.71 (line 4 less Line 5 Ibtal) LESS PREVIOUS CERTIFICATES FOR PAYMENT (Line 6 from prior Certificate) $ 338,860.03 CURRENT PAYMENT DUE BALANCE TO FINISH, INCLUDING RETAINAGE (Linc 3 Icss Linc 6) $ s 90,197.68 :MANGE ORDER SUMMARY otal changes approved In rcvious months by Owner btal approved this Month TOTALS ET CHANGES by Change Order ADDITIONS DEDUCTIONS 77tc undersigned Contractor certifies that to the bcst of the Contractor's knowledge, infor- mation and belief the Work covered by this Application for Payment has been completed in accordance with the Contract Documents, that all amounts have been paid by thc Contractor for Work for which previous Certificates for Paymcnt were Issued and pay- mcnts rccelvcd from thc Owncr, and that current payment shown herein Is now due CONTRACTOR: State of: ..�10/ad-C-). County of: 6c2r- (2/ci Subscribed and sworn to befog mc this r day of jail (4.-a`1 Notary Public: My C m,t l Ission xX}pir,Es: t,—/ `)1]a �/ ARCHITECT'S CE "TV • DWG.' JACQUELINE S. DORITY NOTARY PUBLIC STATE OF COLORADO My Commission Er.pires: 06118/2004 CATE FOR PAXMIENT In accordance with thc Contract Documcnts, based on on-site observations and the data comprising thls application, Mc Architect ccrtlfics to the Owner that 10 the best of the Architect's knowlcdgc, Information and belief the Work has progressed as lndlcatcd, the quality of thc Work Is In accordance with the Contract Documcnts, and the Contractor is entitled to payment of thc AMOUNT CERTIFIED. AMOUNT CERTIFIED 3 (Attach explanation if amount certified differs from the amount applied for. Initial all figures 011 Ibis Application and on the Continuation Sheet that are changed to conform to the amount certified.) ARC:111TE(a•. ny: Date: crtificatc is not ncgotlablc. The AMOUNT CERTIFIED is payable only to the Con tractor named Therein. Issuance, payment and acceptance of payment arc without prejudice to any rights of the Owner or Contractor under this Contract. AIA DOCUMENT G7)2 • API'LI(JCI ION AND CER'IIl I( ATE 0)R I'AVAMENI • 19'11 11)1111 W • AIA' • ';1'711 • .1111 ANI Int AN IN%1.1111(1 ill' All( 111'1 rr-.. 171S NI Y...... AVENUE. NCV WA.S IIINoIUN, I)C 2100G-5292 • WARNING: Unlicensed photocopying violates U S. copyright Irv.a and will sublet, the violator to Iaga prosecution JTION: You should use en original AIA document which hnq tidy cnl,tlnn printed In red An ,d 11,itnn1 e,t.n,,,.., G702-1992 DRT2, LLC 0204 Alpine Court Glenwood Springs, CO 81601 BILL TO Wintergreen Homes P.O. Box 978 Avon, CO. 81620 Invoice DATE INVOICE # 12/29/00 712 Page 1 P.O. NO. TERMS PROJECT Cerise Ranch ITEM DESCRIPTION Est Amt Prior Amt Prior % QTY RATE Curr % Total % AMOUNT Item 1 Mobilization, including any and all equipment necessary to complete project, 62,100.00 15,470.00 24.91% 0.00725 *********" 2.98% 27.89% 1,850.00 Item 2 Grading & earthwork for road construction & drainage improvements, including import or export of material, clearing & grubbing, topsoil removal, subgrade scarification, complete & in place 97,950.00 48,975.00 50.00% 0 97,950.00 0.00% 50.00% 0.00 Item 3 Grading & earthwork for water tank base prep, including clearing & grubbing, topsoil removal, subgrade scarification complete & in place 59,955.00 10,600.00 17.68% 0 59,955.00 0.00% 17.68% 0.00 Item 4 3" Class CX asphaltic pavement, furnished & installed complete & in place 88,567.50 0 7.35 0.00% 0.00% 0.00 Item 5 Class 6 aggregate base course 90,942.00 0 23.00 0.00% 0.00% 0.00 (8" deep), including furnishing, hauling , placing & compaction, complete & in place Item 6 Geotextile fabric for aggregate separation, complete & in place 13,255.00 1,100.00 8.30% 0 1.10 0.00% 8.30% 0.00 Item 7 Mountable, median type curb 8,943.75 0 13.25 0.00% 0.00% 0.00 & gutter, complete & m place Item 8 Construction of 10' wide access road to water tank, including 21,326.50 21,326.50 100.00% 0 65.62 0.00% 100.00% 0.00 Class 6 A.B.C. subgrade preparation, complete & in place Thank you for your business. Total Page 1 DRT2, LLC 0204 Alpine Court Glenwood Springs, CO 81601 BILL TO Wintergreen Homes P.O. Box 978 Avon, CO. 81620 Invoice DATE INVOICE # 12/29/00 712 Page 2 P.O. NO. TERMS PROJECT Cerise Ranch ITEM DESCRIPTION Est Amt Prior Amt Prior % QTY RATE Curr % Total % AMOUNT Item 9 Construction of 5' deep drainage channel, excavation, complete & in place 9,838.75 0 4.25 0.00% 0.00% 0.00 Item 10 Relocate existing irrigation ditch, complete & in place 7,002.64 6,080.00 86.82% 607 1.52 13.18% 100.00% 922.64 Item 11 Soil nailing wall, including any rock excavation or unsuitable material removal and replacement, site prep, recompaction & materials, complete & in place 51,000.00 10,000.00 19.61% 315.02941 34.00 21.00% 40.61% 10,711.00 Item 12 24" HDPE, Type S culvert, including material, excavation, bedding. backfill & compaction, complete & in place 9,570.00 0 29.00 0.00% 0.00% 0.00 Item 13 Each 24" flared end section for 1,980.00 0 220.00 0.00% 0.00% 0.00 HDPE Type S culvert, complete & in place. Item 14 49" x 33" CMP arch curvert, including material, excavation, bedding. backfill & compaction, complete & in place 10,000.00 0 50.00 0.00% 0.00% 0.00 Item 15 Each concrete headwall for 49" x 33" CMP arch culvert complete & in place 30,000.00 0 7,500.00 0.00% 0.00% 0.00 Item 16 71" x 47" CMPA culvert, including excavation, bedding, compacted backfill, complete 24,840.00 0 92.00 0.00% 0.00% 0.00 & in place. Thank you for your business. Total Page 2 DRT2, LLC 0204 Alpine Court Glenwood Springs, CO 81601 BILL TO Wintergreen Homes P.O. Box 978 Avon, CO. 81620 Invoice DATE INVOICE # 12/29/00 712 Page 3 P.O. NO. TERMS PROJECT Cerise Ranch ITEM DESCRIPTION Est Amt Prior Amt Prior % QTY RATE Curr % Total % AMOUNT Item 17 Concrete culvert headwall for 36,000.00 0 9,000.00 0.00% 0.00% 0.00 71" x 47" CMPA culvert, including concrete, reinforcement, excavation & backfill complete & in place Item 18 24" D,I,P, , Class 52 water main, including excavation, bedding, backfill complaction, tees, fitting, plugs, thrust blocks, bends, tracer wire & testing. complete & in place 24,000.00 0 80.00 0.00% 0.00% 0.00 Item 19 12" D.I.P. , Class 52 water main, including excavation, bedding, backfill, compaction, tees , fittings, plugs, thrust blocks, bends, tracer wire & testing. complete & in place 41,302.25 22,348.00 54.11% 486.55436 29.75002 35.05% 89.16% 14,475.00 Item 20 Each 12" gate valve, valve box, & appurtenances, complete & in place 5,200.00 4,292.12 82.54% 0.34923 1,300.00 8.73% 91.27% 454.00 Item 21 10" D.I.P.., Class 52 water main., including excavation, bedding & backfill 143279.50 50,006.80 34.90% 0 30.55 0.00% 34.90% 0.00 compaction, tees , fittings, plugs, thrust blocks, bends, tracer wire & testing. complete & in place Item 22 Each 10" gate valve, valve box, & appurtenances, complete & in place 15,400.00 7,083.00 45.99% 0 1,100.00 0.00% 45.99% 0.00 Thank you for your business. Total Page 3 DRT2, LLC 0204 Alpine Court Glenwood Springs, CO 81601 BILL TO Wintergreen Homes P.O. Box 978 Avon, CO. 81620 Invoice DATE INVOICE # 12/29/00 712 Page 4 P.O. NO. TERMS PROJECT Cerise Ranch ITEM DESCRIPTION Est Amt Prior Amt Prior % QTY RATE Curr % Total % AMOUNT Item 23 8" D.I.P. , Class 52 water main, including excavation, bedding, backfill compaction, tees, 80,967.60 53,981.85 66.67% 0 28.35 0.00% 66.67% 0.00 fittings, plugs, thrush blocks, bends, tracer wire & testing , complete & in place. Item 24 Each 8" gate valve, valve box 8,000.00 3,980.00 49.75% 0 800.00 0.00% 49.75% 0.00 & appurtenances, complete & in place Item 25 6" D.I.P. , Class 52 water main, including excavation, bedding, backfill compaction, tees, 1,022.00 649.00 63.50% 0 25.55 0.00% 63.50% 0.00 fittings, plugs, thrust blocks, bends, tracer wire & testing, complete & in place Item 26 Each 6" gate valve, valve box 600.00 0 600.00 0.00% 0.00% 0.00 & appurtenances, complete & in place Item 27 Each 1.0" water service, including corporation stop, shut-off valve, excavation, backfill compaction, complete 25,200.00 20,700.00 82.14% 0 900.00 0.00% 82.14% 0.00 & in place Item 28 Each fire hydrant assembly, including excavation, bedding, backfill, compaction, hydrant 41,600.00 14,432.00 34.69% 1 2,600.00 6.25% 40.94% 2,600.00 6" auxiliary valve, tee, 6" hydrant, 6" D.I.P.. lateral pipe, polywrap, & thrust blocks, complete & in place. Thank you for your business. Total Page 4 DRT2, LLC 0204 Alpine Court Glenwood Springs, CO 81601 BILL TO Wintergreen Homes P.O. Box 978 Avon, CO. 81620 Invoice DATE INVOICE # 12/29/00 712 Page 5 P.O. NO. TERMS PROJECT Cerise Ranch ITEM DESCRIPTION Est Amt Prior Amt Prior % QTY RATE Curr % Total % AMOUNT Item 29 Each Air -vac valve & vault including all valves, appurtenances, excavation, backfill & compaction, 18,000.00 409.00 2.27% 0 3,000.00 0.00% 2.27% 0.00 complete & in place Item 30 Each purnphouse, including site prep, excavation, compaction, foundation, structure, utilities, all materials 51,000.00 0 51,000.00 0.00% 0.00% 0.00 & installation complete & in place Item 31 Pumphouse appurtenances, including site prep, connections, controls, valves, gauges, plumbing, etc. complete & in place 25,198.00 0 25,198.00 0.00% 0.00% 0.00 Item 32 Steel water tand, 300,000 gallons„including backfill, covering tank, testing, etc. complete & in place 137550.00 0 137550.00 0.00% 0.00% 0.00 Item 33 Water tank appurtenances including site preparation, connections, controls, valves, gauges, plumbing, etc. complete & in place. 16,000.00 0 16,000.00 0.00% 0.00% 0.00 Item 34 10” PVC , drain from water tank, including excavation, bedding, backfill compaction, 2,200.00 0 22.00 0.00% 0.00% 0.00 tees, fittings, bends, plugs, thrust blocks, restrained joints (where necessary), complete & in place Thank you for your business. Total Page 5 DRT2, LLC 0204 Alpine Court Glenwood Springs, CO 81601 BILL TO Wintergreen Homes P.O. Box 978 Avon, CO. 81620 Invoice DATE INVOICE # 12/29/00 712 Page 6 P.O. NO. TERMS PROJECT Cerise Ranch ITEM DESCRIPTION Est Amt Prior Amt Prior % QTY RATE Curr % Total % AMOUNT Item 35 4' deep utility trench for electric, telephone, cable & gas, conduit & warning tape installation in utility trench as required by electric , telephone, cable & gas (conduit & waring tape provided by others) including excavation, bedding, backfill & compaction, complete & in place 59,663.25 0 6.75 0.00% 0.00% 0.00 Item 36 10" plastic irrigation pipe (PIP) 12,870.00 0 13.00 0.00% 0.00% 0.00 , 100psi, including excavation, bedding backfill & compaction, complete & in place Item 37 8" plastic irrigation pipe (PIP) , 100 psi, including excavation, bedding. backfill & compaction. complete & in place 19,035.00 1,715.38 9.01% 651.48936 11.75 40.22% 49.23% 7,655.00 Item 38 Each PIP cleanouts, including. excavation, bedding backfill, compaction & appurtenances, complete & in place 2,500.00 0 156.25 0.00% 0.00% 0.00 Item 39 Each Drywell, including excavation, bedding. backfill & compaction, & appurtenances complete & in place 5,000.00 0 5,000.00 0.00% 0.00% 0.00 Thank you for your business. Total Page 6 DRT2, LLC 0204 Alpine Court Glenwood Springs, CO 81601 BILL TO Wintergreen Homes P.O. Box 978 Avon, CO. 81620 Invoice DATE INVOICE # 12/29/00 712 Page 7 P.O. NO. TERMS PROJECT Cerise Ranch ITEM DESCRIPTION Est Amt Prior Amt Prior °rho QTY RATE Curr % Total % AMOUNT Item 40 Each concrete intake structure including furnishing & installing wheel gate, bar screen, concrete, stop blocks, etc. also includes excavation, backfill & compaction, complete & in place 13,710.00 0 4,570.00 0.00% 0.00% 0.00 Item 41 12 -pair direct bury telemetry cable installed in own 36" deep trench, including all excavation, backfill splices, 3,175.00 800 0.50 12.60% 12.60% 400.00 junction boxes, and appurtenances complete & in place Item 42 Each electric transformer vault/ manhole excavation, including placement of vault, backfill & compaction per each 15,400.00 0 550.00 0.00% 0.00% 0.00 HIGHWAY 82 IMPROVEMENTS Item 43 Grading & earchwork for road construction & drainage improvements including import or export of material, clearing & grubbing, topsoil removal, subgrade scarification, unsuitable material removal, replacement, & recompaction, complete & in place 25,000.00 0 25,000.00 0.00% 0.00% 0.00 Item 44 NO BID 0 0.00 Thank you for your business. Total Page 7 DRT2, LLC 0204 Alpine Court Glenwood Springs, CO 81601 BILL TO Wintergreen Homes P.O. Box 978 Avon, CO. 81620 Invoice DATE INVOICE # 12/29/00 712 Page 8 P.O. NO. TERMS PROJECT Cerise Ranch ITEM DESCRIPTION Est Amt Prior Amt Prior % QTY RATE Curr % Total % AMOUNT Item 45 4" Class CX asphaltic pavement, 2" lifts, furnishced 63,036.00 0 10.20 0.00% 0.00% 0.00 & installed complete & in place Item 46 Class 6 apegate base course 23,920.00 0 23.00 0.00% 0.00% 0.00 (6" deep) including furnishing, hauling. placing & compaction, complete & in place Item 47 Class 1 aggregate base course, (12" deep), including furnishing, hauling, placing & compaction, complete & in place 47,216.00 0 22.70 0.00% 0.00% 0.00 Item 48 Extend 7' x 7' concrete box culvert, including, excavation, bedding, backfill & compaction, complete & in place 11,400.00 0 1,425.00 0.00% 0.00% 0.00 Item 49 Guardrail , CDOT Type 3, including furnishing & installing complete & in place 6,500.00 0 81.25 0.00% 0.00% 0.00 Item 50 Remove & replace gurardrail, CDOT Type 4, including furnishing & installing complete & in place 39,600.00 0 44.00 0.00% 0.00% 0.00 Item 51 Pavement striping, complete & in place, per CDOT specifications 4,400.00 0 4,400.00 0.00% 0.00% 0.00 Item 52 Traffic control per CDOT specifications, and notice to property owners, complete & in place 14,000.00 0 14,000.00 0.00% 0.00% 0.00 Thank you for your business. Total Page 8 DRT2, LLC 0204 Alpine Court Glenwood Springs, CO 81601 BILL TO Wintergreen Homes P.O. Box 978 Avon, CO. 81620 Invoice DATE INVOICE # 12/29/00 712 Page 9 P.O. NO. TERMS PROJECT Cerise Ranch ITEM DESCRIPTION Est Arnt Prior Amt Prior % QTY RATE Curr % Total % AMOUNT Item 53 Construction of emergency access road across median including Class ^ A.B.C., grading, earthwork, drainage improvements, scarification, & compaction complete & in place 3,000.00 0 3,000.00 0.00% 0.00% 0.00 Item 54 Each Class I ground sign installation, constructed according to Colorado Division of Highways S-Standsrds , complete & in place 1,200.00 0 300.00 0.00% 0.00% 0.00 Item 55 Each emergency breakaway gate, including furnishing & installing all materials complete 2,000.00 0 2,000.00 0.00% 0.00% 0.00 & in place per each Item 56 Revegetation & landscaping of all areas disturbed by construction, including establishing annual grass growth, erosion control before vegetation is established complete & in place 7,000.00 0 7,000.00 0.00% 0.00% 0.00 Item 57 Each Class I ground sign installation, constructed according to Colorado Division of Highways S -Standards , complete & in place 5,700.00 0 300.00 0.00% 0.00% 0.00 Thank you for your business. Total Page 9 DRT2, LLC 0204 Alpine Court Glenwood Springs, CO 81601 BILL TO Wintergreen Homes P.O. Box 978 Avon, CO. 81620 Invoice DATE INVOICE # 12/29/00 712 Page 10 P.O. NO. TERMS PROJECT Cerise Ranch ITEM DESCRIPTION Est Amt Prior Amt Prior % QTY RATE Curr % Total % AMOUNT Item 58 Erosion & sediment control, including NPDES Permit & other features necessary to control erosion during construction activities, dust control (zero tolerance), also including excavation & backfill and all necessary 15,000.00 11,250.00 75.00% 0.25 15,000.00 25.00% 100.00% 3,750.00 materials & equipment, complete & in place Item 59 Diversion for existing creek 11,000.00 0 11,000.00 0.00% 0.00% 0.00 (north spring), including excavation, backfill, wetland concerns, box culvert, foundation, & weir , complete & in place Item 60 Fencing all wetlands to eliminate disturbance during construction (type to be approved by engineer ) including furnishing & installing , complete & in place 3,000.00 3,000.00 100.00% 0 3,000.00 0.00"o 100.00% 0.00 & removal after construction Item 61 Topsoil management including excavaton, clearing, stockpiling, & replacing, complete & in place 15,000.00 0 15,000.00 0.00% 0.00% 0.00 Item 62 Excavation, including, shaping, hauling, dewatering, etc complete & in place 138225.00 69,112.50 50.00% *********" 2.85 40.01% 90.01% 55,302.00 Item 62A 30 Mill Pond liner 177100.00 0 0.70 0.00% 0.00% 0.00 Item 62B Placement of Topsoil on proposed berms 30,000.00 0 30,000.00 0.00% 0.00% 0.00 Thank you for your business. Total Page 10 DRT2, LLC 0204 Alpine Court Glenwood Springs, CO 81601 BILL TO Wintergreen Homes P.O. Box 978 Avon, CO. 81620 Invoice DATE INVOICE # 12/29/00 712 Page 11 i s )1 (,9101(, 4 ,RB 307, /4 P.O. NO. TERMS PROJECT Cerise Ranch ITEM DESCRIPTION Est Arnt Prior Amt Prior % QTY RATE Curr % Total % AMOUNT Item 63 Item 64 Item 65 Item 66 Revegetation and landscaping around disturbed areas of lake, including establishing annual grass growth, erosion control before vegetation is established, complete & in place Excavation for unsuitable material, including removal & disposing of unsuitable material & replacing with compacted Class 3 aggregate base course, complete & in place 1.25" Pure Core tubing. including excavaton, bedding, backfill compaction, tees, 8,000.00 1,100.00 7,590.00 7,590.00 0 0 0 0 8,000.00 11.00 11.00 11.00 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00 0.00 0.00 0.00 fittings, valves, testing, connectional to existing spring & to existing house, complete & in place 1.5" 80 psi polyethylene pipe, including excavation, bedding, backfill compaction, tees, fittings, valves, testing, connections to existing spring & to existing house irrigation system, complete & in place. Thank you for your business. Total $98,119.64 Page 11 i s )1 (,9101(, 4 ,RB 307, /4 DRT2, LLC 0204 Alpine Court Glenwood Springs, CO 81601 BILL TO Wintergreen Homes P.O. Box 1530 Avon, CO. 81620 Change Order DATE INVOICE # 12/29/00 719 ago �A/0,00 P.O. NO. TERMS PROJECT Extra Gravel DESCRIPTION QTY RATE AMOUNT Line Item #19 Additional pit run, 262 Cubic yards of Trench fill per Dale Hope 1 2,100.00 2,100.00 Thank you for your business. Total x2,100.00 ago �A/0,00 r LJ. LvvV . 1• .JCJ1-1I 1 rIhllI :..-.N1-111..=.4,1-1 FROM: TO: PROJECT: UNCONDITIONAL WAIVER OF LIEN DRT2, LLC Wintergreen Homes Cerise Ranch The undersigned does hereby release all Mechanic's Lien Rights, resulting from labor ado materiels, subcontract work, equipment or other work, rents, services or supplies heretofore furnished in and for the construction, improvement, alteration and additions to the above described project. Excluding Retainage 2. The undersigned has been paid and has received a progress payment in the sum of $ ? ? n, h 0 9 ._9.g for labor, services, equipment or material furnished. The Contractor agrees to defend and hold harmless the Owner from any claim or claims hereinafter made by the undersigned and/or its material suppliers, subcontractor or employees, servants, agents or assigns or such persons against the project. K. It :s acknowledged that the designation of the above project constitutes an adequate descriptgion of the property and improvements for which the undersigned has received consideration for this release. 5. It is further warranted and represented that all such clajms against the undersigned or the undersigned's subcontractors and/or material suppliers have been paid or that arrangements satisfactory to the Owner have been trade for such payment. 6. This instrument constitutes a release of all rights, claims and demands of the undersigned against the Owner arising out of or pertaining to the above referenced project up to and including the 22 day of December , 2000. FIRM: DRTT., LLC BY: DAvid Rippy TITLEt Manager DATE: 1/3/00 Oec 04 00 12:14p Glenwood Office 'VENTERAtie COMPANIES BILL TO: DRT2, INC. ATTN: ACCOUNTS PAYABLE 0204 ALPINE RD GLENWOOD SPRINGS, COLORADO 81601 OC: Phone # Fax TY TRULOVE 970-984-2295 970-984-2296 DESCRIPTI MOBILIZATION/DEMOBILIZATION FOREMAN DRILLER/LABORER FURAKAWA 9 DRILL COMPRESSOR GROUT PLANT 1 -TON SUPPORT TRUCK NO. 10 THREADBAR GROUT LODGING AND PER DIEM (ENGINEER) ENGINEERING .0/e - DATE PO #. INVOICE #: 7005201 YENTER JOB #. 2000-70-052 (9701 945-5380 p 2 INVOICE 12/4!00 WORK COMPLETED THRU 11/17/200( CERISE RANCH TANK STABILIZATION SERVICES BILLABLE P€R UNIT aANTITY AMOUNT 2 = $ 1 000.00 40.00 HR 540.00 EA 35.0050 = $ 2.000.00 $100 = • $ 3,500.00 $ HR 18 _ $ 1,746.00 $ 97.00 HR F _ $ 100 00 $ 20.00 HR 5 ^ $ 75.00 $ 15.00 HR 4 = $ 270.00 $ 50.00 DAY 60 = $ 270.00 $ 4.50 LF $ 10.00 BAG 35 = S 350.00 7 = $ 420.00 $ 60.00 NT $ 70.00 HR 15 = $ 1,050.00 INVOICE TOTAL PAYMENT DUE UPON RECEIPT OF INVOICE OTHERWISEUNLESS WILL BE ASSESED ATCONTRACTED EST 1/2% PER MONTHH COPY TO: Customer, AR, JC Remit to: 20300 W. Highway 72, Arvada, CO 80007 • 303/279-4458 • Fax 303/279-0908 $ 10,711.00 CTLITHOMPSON, INC. CONSULTING GEOTECHNICAL AND MATERIALS ENGINEERS 1971 WEST 12TH AVENUE • DENVER, COLORADO 80204 • (303) 825-0777 INVOICE L� 121183 STATEMENT FOR PROFESSIONAL SERVICES Job Number: GS3202 Billing Date: 11/30/00 Client: DRT 2 Client Code: 800936 204 Alpine Court Glenwood Spgs., CO 81601 Attn: Ty Trulove Description: Compaction Testing'Services Cerise Ranch Garfield/Eagle County, Colorado TERMS: Net 30 Days 1 l/2% per month will be charged on all past due accounts Date Report/ID Number Engr/Tech Units Reg Hrs OT Hrs 10/23/00 Barto 0 2.00 .00 10/24/00 Barto 0 2.00 .00 10/25/00 Barto 0 2.00 .00 0 6.00 .00 Totals Engineering Technician 6.00 HOURS @ 60.00 360.00 Review 3.00 REPORTS @ 30.00 90.00 Total Amount Due 450.00 Total Billed To -Date Job GS3202: $600.00 (970) 945-2233 ligiKeeiud Pnoducte, 9itc. 0033 MARAND ROAD SALES FAX # (970) 945-5530 P.O. BOX 248 ACCT FAX # (970) 945-2300 GLENWOOD SPRINGS, CO 81602 SOLD 10; DRT2 DRT2 ;204 ALPINE CT, PLEHWOOD SPRINGS, CO 81601 Cttttl11; INVOI ttttttllt Invoice , Inv Cie... _L.. - SHIP T0: CERISE. RANCH WATER SUPPLY & DISTRIBUTION SEWAGE COLLECTION & DISPOSAL DRAINAGE & STABILIZATION LAWN, TURF & AG. IRRIGATION 0)7\ 1t1 '1EP1 WILL BE CLOSED MONDAY, DECEMBER 25TH FOR CHRISTMAS & MONDAY, JANUARY 1ST FOR NEW BEAR'S DAY. i+('','F'I HOLIDAYS111 J • Ph sr , --c'm''r`',_.. JEFF Teras: erg;: Shit 'J CUSTOMER PICK UP Salesman: TLG FOS: Origin Batch No: 0163 y t ( 1PFL2vc Cls Description ec.._ iveu By: Gty Ord Gt'y Shp 7ty EO PIP 6' PIP 1004 SOC 22 1/2 ELL P:P 6" PIP 10011 SOC TEE 220 6' 100 PSI PIP CAP SOCKETED Print Name: Date Rec'd: 11ITHANC YOU FOR YOUR ORDERttt 6.00 1.00 1.00 6.00 1,n;, Price 15,644 ,':7`_ E..krfie11 County Tax Freight PLEASE PAY THIS AMOUNT; TERMS OF SALE AND WARRANTY ON REVERSE SIDE to Ccpy = Master File Pink Copy = Mail to Customer Yellow Copy Customer F ie Gold CIi = ;_et•r..—%Deliver- Receipt (970) 945-2233 EMAjWitekai Pawls, 91tc. 0033 MARAND ROAD SALES FAX # (970) 945-5530 P.O. BOX 248 ACCT FAX # (970) 945-2300 GLENWOOD SPRINGS, CO 81602 AL: -INE CT, i_ENWHII! SPRINGS, CO SHIP TO: CERISE FANCr. WATER SUPPLY & DISTRIBUTION SEWAGE COLLECTION & DISPOSAL DRAINAGE & STABILIZATION LAWN, TURF & AG. IRRIGATION pHF DEP! WILL BE CLOSED MONDAY, DECEMBER 25TH FOR CHRISTMAS & MONDAY, JANUARY 1ST FOR NEW YEAR'S :SAY. HPPy, HOLIDAYSU Cust..._r P:_,. JEFF Terms: NET _. 3t. CUSTOMER PICK OF Sa1Esman: TL!; FO Origin Batch No: 01291 t Nu ter Cls Description 72:=IPFL2DE • PI` 6" PIP LOO* SOC 22 1/2 ELL SLU 725 QUART CEMENT WET OR DRY Becei rd By: Print Na!i•e Cate-Fa_'di LTH • It. YOU FOR YOUR URDERH Qty Ord Ott Shp C.ty OC 2.0c, 1,00 `reightt PLEASE PAY THIS AMOUNT, TERNS OF SALE AND WARRANTY ON REVERSE SIDE L'ountY TeX ite Cop - MastEr File Pink Copy = Mail to Customer 'fellow Copy = Customer File `old 1:1),:, LLSt '1 ri;€'i! Er ReCei, 0046os (970) 945-2233 gigimexect NANA 9a. 0033 MARAND ROAD SALES FAX # (970) 945-5530 P.O. BOX 248 ACCT FAX # (970) 945-2300 GLENWOOD SPRINGS, CO 81602 �. -7'HE CT. tG]= SPRINGS, CO �1 :MUM INVOICE Invoice q Inv Dat, -4 SHIP TO: CERISE RANCH WATER SUPPLY & DISTRIBUTION SEWAGE COLLECTION & DISPOSAL DRAINAGE & STABILIZATION LAWN, TURF & AG. IRRIGATION ?t: DEF! WILL BE CLOSED MONDAY, DECEMBER 23TH FOR CHRISTMAS & MONDAY, JANUARY IST FOR NEW YEAR'S DAY. HAPPY HOLIDAYS;*: .u., ;EFF Teras: MET 5h_ ":T1 TRUCK Salesman: TLS Fisc. " _gin Batch No: 016370 M_;:t: -! Description Pi' 20' 1251 PIF GSKT PIPE •::SIL-P=i,C= Fr"i; 7'%100'12130 SILT FENCE W!4'STAY,ES F:ece;',.'d by: Print NaKe: Oty Ord Qty Shp Qty n 160,00 1.00 1.0_ 'r lce0 u?rfiEi i'C Tax C olor adc. Date Recd: Freight. IttTHA'NK 'r)!! FOR YOUR ORDERtit PLEASE PAY TlilS AMOUNT: TERMS OF SALE AND WARRANTY ON REVERSE SIDE :shite Copy = ;'aster File Pink Copy = Mail to Customer Yellow Copy = Customer File Gold C.py = .'::_tomer/Delivery Receipt. (970) 945-2233 0033 MARAND ROAD SALES FAX # (970) 945-5530 P.O. BOX 248 ACCT FAX # (970) 945-2300 GLENWOOD SPRINGS, CO 81602 SJL" DRT2 ..r., ALPINE CT. T.LE4.00D SPRINGS, CO fli501 WATER SUPPLY & DISTRIBUTION SEWAGE COLLECTION &DISPOSAL ttttItttt DRAINAGE & STABILIZATION INVOICE LAWN, TURF & AG. IRRIGATION !UMW Invoite 11 037M2 : Gt' Inv Date: 11/28/0r: : c= 0 SHIP TO: ttt DEFT WILL BE CLOSED MONDAY, DECEMBER 25TH FOR CHRISTMAS & MONDAY, JANUARY 1ST FOR NEW VEAF "-' :f. HAPPY HGLIDAYEtIt Job Ph2:iel Customer P.0:1 TERRY -. - . _ _ Tecros: NET 30 Ship V:_ CUSTOMER PICK UP Salesman: JCS FOB: Origin Batch No: 016021 Number Cls Description Oty Ord Dty Shp Oty PO ;;'_>'O6 DIP 6' CL 52 DUCTILE PIPE W/ GOND STRAPS 40.00 40.00 -'lCe hYi7,:' 7.4705.:: Recei ed By: Sib -Tot.. yyyj GariiF'„ 001A TiY 2.3 Print Name: l .crOso Date Rt:c'd: Freigh`. tttTHANK 'YGU FOR YOUR ORDERttt PLEASE FAY THIS AMOUNT, TERMS OF SALE AND WARRANTY ON REVERSE _.DE n:te Copy = Master File Pink Copy = Mail to Customer Yellow Copy = Customer File G:;ld Copy = Custc4•• "eli'ery Receipt Do4es (970) 945-2233 0033 MARAND ROAD SALES FAX # (970) 945-5530 P.O. BOX 248 ACCT FAX # (970) 945-2300 GLENWOOD SPRINGS, CO 81602 DRT2 Dr:•. •„ � ''i4 ALPINE CT, JLENWOOD SPRINGS, CO MMM INVOICE IMMit Invoice * nz'_,; Inv Bats: SHIP TO: WATER SUPPLY & DISTRIBUTION SEWAGE COLLECTION & DISPOSAL DRAINAGE & STABILIZATION LAWN. URF & AG. IRRIGATION III DPI WILL BE CLOSED MONDAY, DECEMBER 25TH FOR CHRISTMAS & MONDAY, JANUARY 1ST FOR NEW YEAR'S DAY. ' Jon Eh;_ Dustog-:c P.0.. JEFF „ Terms: NET 30 Ship V_a: CUSTOMER PICK UP Salesman: JCS FOR: Origin Batch No: 016044 Moaner- Cis Description DIPP10 M,IP 10° DI PUSH -IN PLUG W/EARS Receivel By: Print Name: Date RE:'d: )UTHANK YOU FOR YOUR ORDERItt Oty Ord Oty Shp :qty 6C /• 1,00 0 1..11,0 772 'Y HOLIDAYS : Price Garfield 0ourt'' i'X Coiorad' �3i8i Tai Freight PLEASE PAY THIS AMOUNT% $ TERMS OF SALE AND i4ARRANTY ON REVERSE SIDE :te Copy . r•. -.-2r File Pink Copy = Mail to Customer Yellow Copy = Customer File Gold Copy = Custom, 9elivery Receipt 0044 08 (970) 945-2233 Eligiateetad. Naduci, 9Kc. 0033 MARAND ROAD SALES FAX # (970) 945-5530 P.O. BOX 248 ACCT FAX # (970) 945-2300 GLENWOOD SPRINGS, CO 81602 X: TO: DRT2 :):':'4 ALPINE CT, LENWIOOD SPRINGS, CO 81601 itl3¢:4Ki INVOICE KttttIltX Invoice i G. _• Inv Da+a; 11,,'2 SHIP Tr,: c ISE RP LES PAST CATHER!`+E ON LEFT SIDE OF HNY 21. WATER SUPPLY & DISTRIBUTION SEWAGE COLLECTION & DISPOSAL DRAINAGE & STABILIZATION LAWN, TURF & AG. IRRIGATION ,h,r RAMC-. $14 DF 1 WILL BE CLOSED MONDAY, DECEMBER 25TH FOR CHRISTMAS & MONDAY, JANUARY 1ST FOR 4E1 YFAR'` HOLIDAY'S144 F: -.1E?: 000.000 IISt /i .0.: JEFF. SEPI TRUCK F08: Origin 4ergis: STET Salesman: KEG Batch No: 016(- Noober Cls Description Oty Ord Pty Shp Oty r;il CMP 24' SPIRAL 16 GA CMP :14H8 CMP 24° DIP HUGGER BAND Received Ey: Print dame: Date RPc'd: itITHAKK YOU FOR YOUR ORDERttt 40.00 40.00 1.00 1.0 Price .354 Garfield Cour', Tax Colorado Sala -ix Freight PLEASE PAY THIS AMOUNT TERNS OF SALE AND WARRANTY ON REVERSE SIDE hh:te Copy = Master File Pink Copy = Mail to Custoaer Yellow Copy = Custoaer File Gold Copy = :Pstoser/Deliver),:..c :.. (970) 945-2233 i wguteeiwa( Phoducta, 9mc. 0033 MARAND ROAD SALES FAX # (970) 945-5530 P.O. BOX 248 ACCT FAX # (970) 945-2300 GLENWOOD SPRINGS, CO 81602 ORT2 I-20.1 ALPINE Cl. 'ILEA WOCi) SPRINGS, CO 8!501 ttttittO INVOICE tttIit�6i Invoice & Inv Date: 11:. SHIP TO: _ER1JERCH RISE F'AFr 2-3 MI ES FAST SATHERE ON LEFT SIDE OF HWY EciI WATER SUPPLY & DISTRIBUTION SEWAGE COLLECTION & DISPOSAL DRAINAGE & STABILIZATION LAWN, TURF & AG. IRRIGATION ted DEPT WILL BE CLOSED MONDAY, DECEMBER 25TH FOR CHRISTMAS d MONDAY, JANUARY 1ST FOR NER YEAR'S PY HOLIDAY'' `+- pe 000.000 Costog?, .6.. JEFF Ship VE: DERI TRUCK F;2; Origin Terms: MET 10 Salesgan: JCS Batch No: 015925 rt '�oh.r C1. Description Qty Ord Sty Shp Qty B' 9FC' . FAB 15' Y' 7!0' 7.0 21 DRiy FABRIC (190N) Rei EiY�:'1 Dv: Print 2.4E: '.'ate R c p' : ttiTHANK YOU FOR YOUR 0RDERt*t 3.00 Oarfie.,; 'a.. _si'redo :,.ales Ta;' Fr21Q(: PLEASE PAY THIS AMOUNT TERMS OF SALE AND WARRANTY ON REVERSE SIDE 4h:te Cop; = Master File Pink Copy = Mail to Customer Yellow Copy = Customer File Cold Cop; [_star .O,?livery Fece:. Oo4s (970) 945-2233 Eltgimexact Phw4ut',t6, 9nc. 0033 MARAND ROAD SALES FAX # (970) 945-5530 P.O. BOX 248 ACCT FAX # (970) 945-2300 GLENWOOD SPRINGS, CO 81602 SCLC TO: DRT2 :SRT 0204 ALPINE CT. 5_EN OOD SPRINGS, CO BB1601 Ittltft1 INVOICE tttttftft Invoice a 07, 7'i SHIP TO: WATER SUPPLY & DISTRIBUTION SEWAGE COLLECTION & DISPOSAL DRAINAGE & STABILIZATION LAWN, TURF & AG, IRRIGATION Sh:p Itt EPI WILL BE CLOSED MONDAY, DECEMBER 25TH FOR CHRISTMAS i MONDAY, JANUARY 1ST FOR NEW YEAR';AY. 4APPY HOLIDAY 101; "h= -tee: Customer P.O.: KENT p Teras: NET 30 Ship 'la: CUSTOMER PICK UP Salesman: JCS FOB: Origin Batch No: 01603 Number Cls Description Qty Ord Oty Shp Qty DO CMP 24' SPIRAL 16 GA CMP Received By: Print `tome: Dt Re:'d: tf3THANK YOU FOR YOUR ORDERttt 20.00 20 , 00 Price Sub-Tota r-- Sub-Tota Garfield Cour Tara ColoraL Sal: as Freight PLEASE PAY THIS AMOUNT, 'r TERMS OF SALE AND WARRANTY ON REVERSE SIDE ,bite Copy = Master File Pink Copy = Mail to Customer Yellow Copy Customer File Gold Copy = Customer/Delivery P ;.e!ut 11,1,1k1". 111A1111..f.4 r111NAf e% (970) 945-2233 E 4KwIaS Plaucie, 9Kc. 0033 MARAND ROAD SALES FAX # (970) 945-5530 P.O. BOX 248 ACCT FAX # (970) 945-2300 GLENWOOD SPRINGS, CO 81602 T2 7 ;SPINE CT. 4OJD SPRINGS, CO 81601 tztttutt INYUICE tttttilAt Invoice g !-.374E Inv����n.,._: e, -_ SHIP TO: WATER SUPPLY & DISTRIBUTION SEWAGE COLLECTION & DISPOSAL DRAINAGE & STABILIZATION LAWN, TURF & AG. IRRIGATION Ur - til ;'EPI WILL BE CLOSED MONDAY, DECEMBER 25TH FOR CHRISTMAS & MONDAY, JANUARY 1ST FOR NEW YEAR'E aY, jotc'esE,: Ter s: NE' 30 , Salesaan: RJ? Batch No: 0162Y) iCustc-,1,r =.0.: TERRY Ship ,ia DEPI TRUCK FOB: Origin u95 - Cls Description; Qty Ord Qt' Shp ;;t', EC ,_ORG rLi+ WT1; BLB JAR GRANULAR CHLORINE R'e:ei ed Dy: Print Name: Date Recd: 11$THANK YOU FOR YOUR ORDERttt 2.00 2.''0 ,FPY HOLIDA'i',Fit Sarfteld Co 'i Tax Colors?o _ F rei'1nt PLEASE PAY THIS AMOUPN / TERMS OF SALE AND WARRANTY ON REVERSE SIDE Ahite Copy = Master File Pink Copy = Mail to Customer Yellow Copy = Customer File I.ant+ Gold Copy = Cus__/,er(Delivery RE'E=i.;• r.TT" I AID C` (970) 945-2233 EMUMita P?w4cte, OMC. 0033 MARAND ROAD SALES FAX # (970) 945-5530 P.C. BOX 248 ACCT FAX # (970) 945-2300 GLENWOOD SPRINGS, CO 81602 Ti: 0ST2 SHIP T0: =04 ALPINE CT. NWOOD SPRINGS, CO 91x01 11; i1=Pl JILL BE CLOSED MONDAY, DECEMBER 25TH FOR CHRISTMAS & MONDAY, JANUARY 1S7 FOP J I- ,,; T1 CUSTOMER PICK UP F[ii' Origin Cis Description Terre: NE Salesian: JC: Batch No: Os_r` - Qty Ord Gty Shp !'1D04733.5510 MB=A 1" MAC PACIMIF ADAPT -47535510 (FOR PVC; Yi4 PICA 1° COMP 1 FIP ADAPT -475411:j MCD 1° S.S. STIFFNEP-613310T0 (CTS) :L0Tit'.-'1P BU! 1/4 PT RECTORSEAL LO -TEMP TEFLON PASTE Pece . ,;d Print 'date: Date Recd: 4t$THA15K YDU FOR YOUR 0RDERItt 2.00 2.,-1!!! 2.0i) 2.00 2.00 1.00 WATER SUPPLY & DISTRIBUTION SEWAGE COLLECTION & DISPOSAL DF.AINAGE & STABILIZATION LAWN, TURF & AG. IRRIGATION `'r a.. • BAR'S DP. , 2Pv HSL 1.)r :1 it Prip -rfie'.c Ecu.;ax PLEASE PAY In :)UNI TERMS OF SALE AND WARRANTY ON REVERSE SIDE ie Copy : Master File Fink Copy = Mail to Customer Yellow Copy = Customer File = Custoe Deliver; =ct..`. DEP Do4es (970) 945-2233 Eitgistwied Phoductd, 9wc. 0033 MARAND ROAD SALES FAX # (970) 945-5530 P.O. BOX 248 ACCT FAX # (970) 945-2300 GLENWOOD SPRINGS, CO 81602 TO: ORT2 ttttt$u, INV0I"E ttt4tilt I:1vgico ^v SHIP TO: WATER SUPPLY & DISTRIBUTION SEWAGE COLLECTION & DISPOSAL DRAINAGE & STABILIZATION LAWN, TURF & AG. IRRIGATION J4 A �H021 %RINE=} 20 tk8 OEP1 WILL BE CLOSED MONDAY, DECEMBER 25TH'FOR CHRISTMAS & MONDAY, JANUARY 1ST FOR NE, Jets Phase: F.n. , JEFF Terms: NET 7.1 Shi,o CUSTOMER PICK UP - Salesman: JEN :OE; Origin Batch No: 01085 f'•utbe: Lis Description Oty Ord Qty Smp 0475410 ICA 1' COMP X FIP ADAPT -475410T ,_24i30 GAL 1' X S' EALV NIP. '::i0517.7;1Org MCD 1' S.S. STIFFNER-e110T0 (CTS) &;iL 1" SAL') COMP CF'L 6 Print Name: Date R c is IIITHA0.: YOU FOR YOUR OPCER411 2.00 1.00 2.00 2.00 ae-Told Serf field COLT' Colorado Freight HOLIOUS ;i! PLEASE PP ;5 MOUNT; t TERMS OF SALE AND WARRANTY ON REVERSE SIDE Iite Copy = luster File Pink Copy = Mail to Customer Yellow Copy = Customer File Solo Copy = Cas,tol Delivery Pr;cei. r n. uanc. PITT=A!ese% EN9isigeted Pnoducte. 9Nc. Dednit (970) 945-2233 0033 MARAND ROAD SALES FAX # (970) 945-5530 P.O. BOX 248 ACCT FAX # (970) 945-2300 GLENWOOD SPRINGS, CO 81602 ::1LPINE CT, .Fki GE, CC Sii61 SHIP TO: CERISFPC.. CERISE RA CH 2-7 MILES PAST '.4iTHERRIldr ON LEFT ID[ C" HtiY Sr WATER SUPPLY & DISTRIBUTION SEWAGE COLLECTION & DISPOSAL DRAINAGE & STABILIZATION LAWN, TURF & AG. IRRIGATION Iib DEPT WILL BE CLOSED MONDAY, DECEMBER 25TH FOR CHRISTMAS & MONDAY, JANUARY 1ST FOR NES '"R'S DAY. HF -,,.,Ar P.5.; cPT f Terms: NET '', , ";.TOMER PICK UP Saiesaar; 2EA ,l'r;; r, alp Batch No; 01h3?3 Description FEN 3'11612170 1213) SILT FENCE V4'STAKES FOR YOUR ORDERtt# Oty Ord Qty E !t?.. BO 3.i)0 ;AI j- T''• Garfield C ui;. Lc!.uradc '3- i _._ creicht PLEASE PAY THIIL A.10U:;i TERMS OF SALE AND WARRANTY ON REVERSE SIDE HOLIDAYS1! le C. = Master Fiie Pink Copy = Mail to Customer Ye11c4 Cop',,' = Customer ''r1.,_rY r I u•nr+ CITTIN1P`_G` 1)04:14014 (970) 945-2233m,�,�, �', 9a.I INVOICE INVOICE CE Itttitti5 Invoice t 11;7112 Inv 0033 MARAND ROAD SALES FAX # (970) 945-5530 P.O. BOX 248 ACCT FAX # (970) 945-2300 GLENWOOD SPRINGS, CO 81602 OC�2 204 ALFINB CT. ''LEN 00D SPRINGS, CO 1G!Ji SHIP TO: WATER SUPPLY & DISTRIBUTION SEWAGE COLLECTION & DISPOSAL DRAINAGE & STABILIZATION LAWN, TURF & AG. IRRIGATION Order R: t Oet : zit DEPT WILL BE CLOSED THURSDAY NOV. 23RD & FRIDAY NOV. 24TH FOR THANKSGIVING Ilt CLst;,r,_r P.O.: KENT Teras: NET CUST0.ER PICK UP Salesman: ICS FOE: Origin Batch No: 015913 :act P: saber Cls Description Oty Ord Ot) Shp 0t^ S =RO .00 125'_,6 FAB 12.5' X 360' C-300 MOVEN 6.0 01 FABRIC 2.00 ,15DB CMP 15' CMP DIMPLE BAND 2.00 VSCRNSO2c: F'PV 2` X 20' SCH40 6E 'PIPE 140.00 IP,PVSCH4HSC:15 PPV 2 1/2° X 20' SCH4O BE PIPE 20.00 )-‹ v Print 4; e: 1)3te S c'd: 1 T1:W IOU FOR YOUR ORDERIII 140.0I" 0::;raft PLEASE PAY T;iIS 0JUNT; TERMS OF SALE AND WARRANTY ON REVERSE SIDE te Copy = Master File Pink Copy = Mail to Customer Yellow Copy = Customer File Goid Ccw 'Dan* bujimeettad Ninth, 9ite. (970) 945-2233 0033 MARAND ROAD SALES FAX # (970) 945-5530 P.O. BOX 248 ACCT FAX # (970) 945-2300 GLENWOOD SPRINGS, CO 81602 TS: DRT2 4 ALPINE CT. i✓rL1i'i SPR?NGS, CO Sl6'i tttttiOt INVOICE ttttlttii Invcica n Inv Date: 17Y_• SHIP TO: WATER SUPPLY & DISTRIBUTION SEWAGE COLLECTION & DISPOSAL DRAINAGE & STABILIZATION LAWN, TURF & AG. IRRIGATION Ceds- D tit DPI WILL BE CLOSED MONDAY, DECEMBER 25TH FOR CHRISTMAS & MONDAY, JANUARY 1ST FOR NEW 'fEAR'C DAY. *. ;ei JEFF 2nip CUSTOMER PICK UP FOB. Orlin Cis Description Terms: iET, 71 Salesman: JCS Batch Mc: 016F0 M:'c :2' DI MJ CAP L/ACC C_ !. 112' - 2' SS HOSE CLAMP INS 2' INSERT COUPLINS ?rirt Name: Date Rec'o: • iitTHAN): YOU FOR YOUR ORDERtIt.. nSl y'JL IDAYS r Qty Ord Qty Ship `r: DL 1.00 4.00 2.00 4.00 -.0C {,L4Q (hk,, AN\-U\AA 5ar`iei.i C,../n' lax Loiorad3 Ta.4 Freight PLEASE PAY THIS AMOi!NTi TERMS OF SALE AND WARRANTY ON REVERSE SIDE 5ri: e Cc.p. = Master File Pink Copy = Mail to Customer Yeti^v Copy = Customer File Cu.'' Lop; _ to.a;./Deli.ver; DEF (970) 945-2233 E wgiKwIad Phodutto, 9Kc. 0033 MARAND ROAD SALES FAX # (970) 945-5530 P.O. BOX 248 ACCT FAX # (970) 945-2300 GLENWOOD SPRINGS, CO 81602 04T2 _04 ALPINE CT. _ ENAGOC SPRINGS, _= S1=1 ttttiiitt INVOICE ittit�tit i Invoice i .-7'- _.. LDv Date: i:'cS;V SHIP TO: CERISEPCP "LES PAST CAIrER'N` ON LEFT SIDE OF H'v 8 2 DEN WILL BE CLOSED MONDAY, DECEMBER 25TH FOR CHRISTMAS & MONDAY, JANUARY i='D Pnase. 009,000 2ustoer P.O;: JESS h_f: .._. CUSTOMER PICK UP Origin Cla Description WATER SUPPLY & DISTRIBUTION SEWAGE COLLECTION & DISPOSAL DRAINAGE & STABILIZATION LAWN, URF & AG. IRRIGATION IST FOR NEW YEAR'S D. ° Y HOLDAYS A Teras: NEl 20 Salesaar: KEG Batch No: 016017 Qty Ord Qty Shp Qts BC JL 10' Di MJ 45 ELL L/ACt: UNI 10' DI MEGA LUG GLAND ONLY MJY: 10' MJ ETD GSKT MR T/4" X 3 1/2' T BOLT W/NUT Foaceiv-e,7 BY: 'rt• t 5e: Cate Re'., d: ttMTHAN:; YOU FOR YOUR ORDERiit 4.00 8.00 8.00 64.00 4,C'fl 8.00 8.00 .i4, i; t0 Sun- :,tal Garfield Count Colorad_• -ala. Fright PLEASE PA'( THIS AMOUNT > 761 TERMS OF SALE AND WARRANTY ON REVERSE SIDE :e Copy = Master File Fink Copy = Mail to Customer Yellow Copy Customer Mile Gold Copy _::. elivery 3e7:etrr EMgitewAd Pnoaluete. Deism (970) 945-2233 0033 MARAND ROAD SALES FAX # (970) 945-5530 P.O. BOX 248 ACCT FAX # (970) 945-2300 GLENWOOD SPRINGS, CO 81602 INVOICE ittMM Invoice 5 03747 Inl: ._9 T0: DRT2 SHIP TO: CEP:'EPci-' 3572 CERISE RANCH 0 ?4 ALPINE CT 2-3 MILES PAST CATH'EFTNF ON LEFT SIDE OF HWY 32 SLE W00D SPRINSS, CO ]i601 WATER SUPPLY & DISTRIBUTION SEWAGE COLLECTION & DISPOSAL DRAINAGE & STABILIZATION LAWN, TURF & AG. IRIRIGATION Soip lit 'gl WILL BE CLOSED MONDAY, DECEMBER 25TH FOR CHRISTMAS & MONDAY, JANUARY IST FOR NEW YEAR'S DAY. -.IPPY HOLIDA tt: - o =-.. 000.000 :_--.,_2r P.O.: TERRY • Terms: VET DEPI TRUCK Sales,ac: KEG 73 Origin Batch No: 015214 U . Cls Description Oty Ord Oty SLI: Oty 5O r'"ice 3Di 'lei MLL 10° DI MJ 22 ii2 ELL L/ACC 1.00 1.0(: � 22) 'NIE8111: UNI 10° DI MEGA LUG GLAND ONLY 2.00 2.00 5.4=') 1GS1) MJK 10° MJ STD GSKT 2.00 2,0C. 2.864. ?7R735 MJK 3/4` X 3 1/2° T BOLT W/NUT 16.00 16.00 0.720 Rece_.iFc By: Garf.dd Count; Ta,: P ir'. Hale: Co101.;0 5 .>:. Tax Date Itt7-4 . YOU FOR YOUR ORDERtti PLEASE PAY THIS AMOUNT TERMS OF SALE AND NARRANTY ON RE'1ERSE SIDE Oita Cc�.y = Master File Pink Copy = Mail to Custooer Yellow Copy = Custr•4 r File Sold Cop; . Cus rlDeliveri Re _. :Ie P� i `yeui 1 r = ping/Receiving 6a1dFnro - 3 File or S.AI1AtEFI SUP'PLeY & DISTRIBUTION (970) a4 -22i SEWAGE COLLECTION & DISPOSAL t#tti',..bfi DRAINAGE & STABILIZATION E LAWN, TURF & AG. IRRIGATION a• U1 !CE 0033 MARAND ROAD SALES FAX # (970) 945-5530 P.O. BOX 248 ACCT FAX # (970) 945-2300 GLENWOOD SPRINGS, CO 81602 SLE, )RT2 ALPINE CT, 61E'.WOOD SPRINGS, CO 81601 i4Mtitl 0:7711Q Inv Date: 121* SHIP TO: rcotcprH CERISE RANCH 2-3 MILES PAST CATHERRINE ON LEFT SIDE OF HWY 82 Fix DEPI WILL BE CLOSED MONDAY, DECEMBER 25TH FOR CHRISTMAS & MONDAY, JANUARY 1ST FOR NEW YEAR'S DAY. HAPPY HOLIDAYS::! :ustoa;e, F.0.: JEFF Teas; NET0 =hip VL: DEPI TRUCK Salesman: RJR Origin Batch No: 016162 Nticb• • Cls Description Oty Ord Oty Shp Oty r0 DIP 10' CL 52 DUCTILE FIFE W/ COND STRAPS MJS 10' X 12' DI MJ SOLID SLEEVE L/ACC :;Fi11i:GE� UNI 10' DI MEGA LUG KIT 4/ACC 140.00 1.00 2.00 140,0) 1,00 ,rlr, 54,050 :0F Recei el B)• Sut-Tu a1 ,'2" - Sarfielo Count) • '.q.'. Print N.e; Colora{i, Sales 5?..:1 ;'ate ReC d: Freight H *THAM Y0,1 FOR YOUR ORDERtt* PLEASE PAY THIS AMOUNT: TERMS OF SALE AND WARRANTY OM REVERSE SIDE •rite Copy = !'!aster File Pink Copy = Mail to Customer Yellow Copy = Custoter File Gold Copy = Cu:toter'Delivery Receipt 03/27/2001 16:35 9709842296 Post- I Fax Not 7871 Datei7 *� ► 1 To y p� Fmin p'r +ter Co./ t, Co. Phooe M on Phe Fax# ��j i)N%5....A55. J rax• V � ti z 6a 0 • a W 4 � a w 0 0 _U M L U x o 00 C tt1 W O Z n) O • • ▪ cL a U 4 Cerise Ranch PROJECT NOS TO OWNERr z 0 filo Agg " d!:11 VIA ARC' IITECT: DRT2, LLC. C N = N 4� Q `c°: + cc t9 w Es Oli to ,AA I wfl1I 0 00 84 A FFa N 0 r •FN w 131,388.95 N DPT 2 Z CC O PAGE 01 13,138.90 M ✓ v cc lib 118,250.05 N 194,851.79 OEDUCT]ONS O 5 G702 1992 (`1 w 0 ?.PPLICATION AND CERTIFICATE FOR PAYMENT AIA !)OCUMLN°1 G702 itoslructinns (In reverse sick, 1AC:1 not cif TO OWNER: Wintergreen Homes P.O. Box 1530 Avon, CO. 81620 FROM CONTRACTOR: DR T 2 , LLC 0204 Alpine Court Glenwood Springs, CO. 81601 CONTRACT FOR: PROJECT. Cerise Ranch -Phase I VIA ARCI (ITEC.T: APPLICATION NO.: 2 PERIOD TO: 11/1-1 PROJECT NOS.: 11/30 CONTRACT DATE. 11/9/00 Distribution to: ❑ OWNER 0 A RCI IITF_CT ❑ CONTRACTOR 0 0 CONTRACTOR'S APPLICATION EOR PAYMENT 4ppac*1oo b wade for payment, u shown blow. In connection with the Contract. Coodnuation Sbect, MA Document G703. its attached. 1. ORIGINAL CONTRACT SUM s 2,658,720.74 2. , .F- $ - 14,850.00 3. COt+ITRACI' Stix 7o DATE (Um t t 2) s 2,043,870.74 CN 4. TOM. COMPLETED & STORED TO DAM $ (Column G on G703) 976984229E Cr) m 376,511.15 5. nenuttme a Cacttplctod ARAf 37,651.12 (Goltmuns D t E on G703) b. 'A of Stored Material (Column F on 6703) 1bta1 Retatrage (Unc 5a + 5b or Tbta1 in Column 1 of G703) 1 6. TcJIAI. EARNED LESS RETA1MAGE (Linc 4 las Linc 5 Total) 7 . LESS PREVIOUS CERTIFICATES FOR PAYMENT (Line 6 from prior Certificate) 8. CURRENT PAYMENT DUE 1 338,860.03 118,250.05 1 220,609.98 9. BALANCE TO FINISH, INCLUDING RETAINAGE )Linc 3 (us Linc G) 1 CHANGE ORRER SUMMARY ADDITIONS DEDUCTIONS 1bta1 changes approved in previous months by Owllcr Total approved this Month TOTALS S NET CHANGES by Chane Order LL]rIJJ AIA DOcUIIEltt n702 • API•I RAI 1( )N ANI, l.ton 11IC ATF 1.118 1N\ A11NI • I'/1! t t-11 II IN • AIA. AV tilt It. Nm WA4111t1C:11/1/. I U. )IIIn S1Yl • WAliNINC: UMIc.n.cA photo<oprinct Nol.l.l ('A1111Cllt v.... _•. ... ...• ._ The untie/signed Contractor certldca that tothe best (gibe Cantatao(1s icn wiec14 in/a- mnion and belief the Work covered by this Application dor Payment has bean completed In accordance with the Contract Dorauarnir, that VI amounts have been pald by the Contractor for Rbrk for which previous Certificates for Paymeu were issued and pay- ments received (torn the Ownci, and that cement payment shown hcrcln is now due. CONTRACTOR: .lam 1 / State af: 6(Orode , County of: 6‘)r4ee./ Subscribed and swum to beiroi : me this /5r day of Notary Public: My Commission Lxplgc's: ARCHITECT'S CERTIFICA'E JACQUELINE S. DORITY NOTARY PUBUC O TATE OF COLORADO MY Commlaeior Exoi►M: M 1a1200't -• R PAYMENT In accordance with the Contract Documents, based on onsite observations and the data comprising this applIcatiort, the Architect certifies to the Owner that to the best of the Architect's knowledge, information and belle( die Vlbrk has progressed u ridiculed, the quality of Pitt Work Is In accordance with the Contract Documents, and the Contractor Is entitled to payment of the AMOUNT CERTIFIED. AMOUNT CERTIFIED . 5 (Attacb explanation If amount certified differs from the amount applied for. initial all figures on ibis Application and on the Continuation Sheet !bat are awned to confornr to !be amount certified.) ARCtlrrr( 7 Ily 0a1e: This Certificate is not negotiable The AMOUNT CERT/TIED is payable only u1 Flu- Con tractor named herein_ lssua„cc• payment and acceptance of payment arc wlthour Ilrrfurliec In :1ny rights of the Owner or Contractor under 11113 COM racd • 1,11•/l: • 1111 ALIT 1414 A,: 114\4111.11 111 ARC 14111 r -I\ I44% MAL' Yr /MK V S Copyttpl•1 Ial..e and w J a1A4,,I Il •. vlolalor M Feil./ pro..Cvldorl G 70 2 1g 97 M APPLICATION AND CERTIFICATE FOR PAYMENT AIA 1)0x:11MEN1 0702 illytlliLtlnns 1111 revels( sac) P,t.r 1)Nt lir l., mf0 OWNER: w 2 Wintergreen Homes P.O. Box 1530 Avon, CO. 81620 -ROM CONTRA(, [OR: :ONTRACT FOR: DRT2, LLC 0204 Alpine Court Glenwood Springs, PROJECT: Cerise Ranch -Phase I VIA ARCIIITECT: CO 81601 • APPLICATION NO.: 3 PERIOD TO: 12/1/00 PROJECT NOS : 12/29/00 CONTRACT•11/9/00 Distribution to 0 OWNER AROUTECT O CONTRACTOR 0Q ;CONTRACTOR'S APPLICATION FOR PAYMENT ,pplkttl on is made for paymau, ss shown blow, in connection with the Contract. :cntinuadon Sheet, AIA Document G703, to attached JOVIAL CONTRACT SIM Chango_Dedoes .. t ca+inAcr sum m DATE (Litre i # 2j s 1 c l . TOTAL COMPLETED & STORED TO DAM 1_ (Colson O on G703) ____ :of Completed V6rtt: (Columns 0 a Bon G703) b. % of Seo ed Mastarhl 1 (Column P G703) lbtal itesaieage (Unc Sa + Sb or 7btal in Column I of G703) 1 TOTAL EARNED LESS RETAINAGE 1 429,057..71 (lire 4 less Line 5 ibuf) 1 '4 PfiEVTOUS CERIWF1CATEB FOR PAYMENT (. . 6 from prior Certificate) m m 2,058,720.74 - 12,750.00 2,045,970.74 476,730.79 1 47,673.08 v CURRENT PAYMENT DUE N cn 338,860.03 l 1 90,197.68 BALANCE TO FINISH, INCLUDING RETAINAGE (Linc 3 Less Linc 6) m :NANCE ORDER SUMMARY ADDITIONS DEDUCTIONS ,D foul changes approved in ' ,rcviuus months by Owncr ,but approved this Month TOTALS LET CHANGES by Change Order The undersigned Coni acfnr certifies that lo the best of the Contra knowledge, infor- mation and belief the Work covered by this ApplicatRan for Payment has been cotapieted In accordance wkithe hContract Documents, Out an amounts bare been paid by the Contractor for wt�rk for which prcrtotss Certificates for Payment were issued and pay- ments ayments recchred limen the Owner, and that current payment shown herein is now due. OONTRACTOR: State of: County of: Subscribed and sworn Io bcIo (. tree this day of Noury Public: My Cortimissktn txpil2fs: ARCHITECT'S CERTIFICATE FOR PAYMENT In accordance with the Contract Documents, based on on-site obacrvatIocis and the data comprising this application, the Architect certifies to the Owner that in the best orate Architect's knowledge, information and belief the Work has progressed as indicated, the quality of the Work Is in accordance with the Contract Documents, and the Contractor Is cndticd to payment of the AMOUNT CERTIFIED. AMOUNT CERTIFIED (Attach explanation if amount certified differs from the amount applied for. initial all figures on this Application and on the Continuation Sheet that are changed to conJvrr to the amount certified.) ARCI Iirrt -r: ily _ D2Ic: cr*UAcaie Is not negnriablc. The AMOUNT CERTIFIED is payable only In the Con lnctnr named herein. Issuance, payment and acceptance of payment 2(C without prejudice in uiy rights of the (iwncr nr Contractor under this Comm( • It 1111t! 41111611.,I,l,f 11x.•14, ,.,I.11.,ei A In ,lo, .,u„,.1 .. 1,1. 41I.n 11, AIA D0OutmENT ann • API- tl4 A -111)N RNID 4 444111 44 AI I' 14111 1'A\1.11 NI • IT)! 11111111N • Am' • ',11'r,4 • 1111 A4111411 AN I1.1\11 r1111 411 4.444 111111 1'. 1.45 N1 u' 1'1'I:•. '1'I 1441/. Hu, WA.%1 I1Nt;141N, 111 !1414.4i41 WAiIl I/Nli t/nrlc..l.f.l 4,1.01114. c.ly1,.V 11k4.144 II!. <..r>ytiyhl l.*. •. Kl will •.,tutee vld.ln. 11> 1.V.1 rw0.t,'.at10,1 (102 *992 03/27/2001 16:35 9709842296 z m 2 O V w Z 66l -ZOLJ z n • ^ ? n n - ^r47, --i n 147% > R 'kr " n • u R • n 2 3 C1312111:W INnowv 4, 00, DRT 2 a h!L 9 02. ;m w 0 A M M M •. S P► ir d ilia 0111 35. t6 2 it s� lziT, -r ifs G as114k4rr1f PAGE 04 1 o D o10 O 12 C7 3 A -.-\_, g > 7 J33.iuiDJV VIA 00❑0❑v 0 • 0 z f� P • 25 0 z 6 4PPLICATIOIv AND CERTIFICATE FOR PAYMENT MA r)OcuMt?NT G702 to- -0 OWNER: w w 0 (InsiruCIIOnS on CC VCrSC Skit) YALE ONE Of I'Ac; s Wintergreen Homes P.O. Box 1530 Avon, CO. 81620 ROM CONTRACIUR: DRT2, LLC ONTRACT FOR: PROJECT: Cerise VIA ARCIUITECT: Ranch APPLICATION NO.: 5 PERIOD TO: 2/28/01 PROJECT NOS.: CONTRACT DATE: Distribution to: ❑ OWNER ❑ ARCM -TEC] D CONTRACTOR O U ►ORiRACTOR'S APPLICATION FOR PAYMENT wakening' li wade for payment. as shown blow in aoallerik n with the contract. onelntirtion Sheet, AIA Doeumatt G703. is attached ORIGINAL CONTRACT Sufi f — 4,740.00 . Slim to atrE (Use t ,t ) s 2,053.980.74 2,058,720.74 " TOTAL COMPLETED it STS TO DTE $ 794.060.50 (Goiania G on G703) aE _ Completed Ilbtt : 79,406.05 (Coiuotns D +eat G7a3) bt. % or Stated Palatal (Cabana P on G703) Tbeal Rebinage (tine Sa + 5b or Thai In Column I of G703) s TOTAL EARNED LESS RETAINAGE (Linc 4 lest Line 5 Total) m LESS PREVIOUS CERTIFICATES FOR PAYMENT cc;', (Line 6 from prior Ceni(kaae) s v QW -1 CURRENT PAYMENT DUE m m BALANCE TO FINISH, INC(..UDING RETAINAGE (Linc 3 less Lira 6) s 1,339,17E...29 $ 714,654.45 596,940.00 $ 117,714.45 iIANGE ORDER SUMMARY (I;-realchanges approved in —Irevious months by Owner coxal approved this Month © 'TOTALS CV ET CHANGt,by Change Order CV ADDITIONS DEDUCT I' The undeu%ncd twnhtactor =trim that no the best of the Contractors knowlci kike- nation and Mdsef then act covered by tills Application kc Payment has been completed In ttceorc3trine with the Contract Docvmatis, that all amounts hams been paid by the Canttactot Por vbk rot which previous certificates for Payment ®erre Issued and pay- ments received from the Owner, artd that =rent payment attown herein Is now due. Stats of: County of; Subicrtbed and sworn to bac*: me this day of Notary public: My Commission ,xpI `s: Date: ARCHITECT'S CERTIFICATE FOR PAYMENT in accordance with the Contract Documents, based on on-site observations and the data comprising this 2ppikatious, the Architect certifies to the Owner that to the best o1 the Architect's knowledge, information and belief the ' brk has progressed as Indicated, the quality of the Vthric is In accordance with the Contract Documents, and the Contractor is entitled w payment of the AMOUNT CERTIFIED. AMOUNT CERTIFIED ........... ... 1 (Attach erplanarrou r/ amount certified rias. -c !num The amount applied for Initial all figures on Ibis Application and on the wntlrruallors Sheet Mal are changed lu conform to the amount certified.) ARrICITF. T IIy: Date: phis Certificate is not ncgotiablc. The AMOUNT CERTIFIED is I.syahlc only ul the Con tractor named herein. Issuance, payment and acceptance of payment arc without Ixcln<licr- to :Illy rights of the Owner tar Contractor under this Contract mC441AMA DOCUMENT 0702 • A 1 AI ION AND C.£43 7111/ A1I tt 1 I I'AIAIFNI Al'rNI n N w w,,a nrlr:xiN, 111. t/rrr(, 51')1 • WARNING. u.,flc.nscd 171041 Yn1v nhr1u1t1 ., .1,./., t,1 /NIA tlnritol,ell „ III rI hnv 1111. 19.11 141111. .N • Au'. pholocopykg vtolaler • 6411./! • 1111 An/ Hit AN W0).11[1111 1 )i A,'• ".,t, It 1111 Ir S. copyright taws .nd wMl .ubtecl Nur • 1'f ,