HomeMy WebLinkAbout1.1 Supplemental App InfoACKNCI,TLEDGMEIVI oF PARTIAL SATISFACTION oF
SUBDIVISION IMPROVEIITENTS AGREEI.IENT
KIVO9{ ALL MEN BY I}IESE PRESET,IT ThaT:
hiirEREAS, Def iance, Ltd., (hereinafter "Deve10per, ), entered into aSubdivision Improvements Agreement dated October 30, L9g7 | recorded inBook 723' at Page 744 "as-neception lro. jeiros ot lne G.iiuio coun.yrecords on october ]0, tg}l, t:i tr,e impiJvlmenr of rhe Mitcherr creekp.U.D. (hereinafter ,The propertyn ) anO; --'!r-v,v
WHEREAS' the obligations of the Deveroper have been satisfied in 6rart,as verified in ]-etters from scott L,eslie, oi"tii"t Manager, west Gr.enwoodsprings sanitation oistrict anJ-lrest Grenwood iprings water District, andthe Deveroper asrees rhar *re aoaii:_i;"';;!i.r-'.oo*issioners of Garfieldcounty, Cororado (hereinafter 'Boara" ), shaii ietain ana hold the sum of$+o,soo'35, which sum "rrari-n" Iecurity f;;-ir.;f.rmance for work remainingto be completed as identified in- exhiuii- ,a" of the subdivisionImprovements Agreement .
Ig-T:y:gy:_?! rhe requesr of rhe Developer and*:.i:il':::, :::^P:::' ^:n:::;:;i:,' ;'f ff;;*;":ll,
H::t"I.. :::i:r.::i1"" oi'1r," Iunii,i"il" ffi:;,"fi:;;:
in consideration of
acknowledges the
Agreement enteredl:::,-.,0' :5^-::1"ry: i"9. il";;;;;t#&1;ffii::s of C,arfieldffT!{: .colorado, for rhe t,i;r,;i' ;;&rr:;g:.z,sii. za.
s'TAlE OE COi0RADO )
corrlrry oF GARFTELD i ""'
ilrt'q foresoins insrrumenr was ::5yyl:gg."d -before me rhis /,('! ou,?l^_,r\;r,*1,1,.r,! y!.,_,.I9g8, ly noo"rt Ri6rrardson, as ctrairnEn of theHoard 9t county c,ffisione.s of carfierd corrtv, cororado.
WITNESS my hand and official seal.
My conunission expi res: / _ / 7 - ? /
f,r -,{ ",r/-
4e)
of
IGIEREAS, Defiance, Ltd., (hereinafter nDeveloper,,) , entered into asubdivision rmprovements Agreement dated october 30, LggT , recorded inBook 723, at Page 744 as Reception No.3B7i05 of the Garfield countyrecords on octob-er 30 ' 7987, fgi ttre i.mpiovement of the Mitchel] CreekP .U .D . (hereinafter ,The propertyr ) and;
hHEREAS, the obligations of the Devel-oper have been satisfied in part,as verified in a retter from the City br cienwoo.t springs, and theDeveloper agrees that the Board or- county- cor*i"sioners of Garfieldcounty, Colorado (hereinafter "Board,), shall ietain and hold the sum of$za,on '50, which sum shalI be security for performance for work remainingto be completed as identified in ExhiLit nAn of the subdivisionfmprovements Agreement .
(-\
Recordec u1 Y; -" ^'-?j,9"n 4 *.JUL 12 rsgg rBeceptlon No. 3!-J57i MtLpnED ALsDoRF, BECoBDEH
ACKNOhI,EDGMEMI OF PARTIAI SATISFACTION OF
SUBDIVI SION II.PROTEIIENTS AGREEIIENT
KITIOW ALL ltEN By THESE PRESENT that:
ISgTPlgP:-?!_the- request of the Developer and in considerarion of
3:. Y:?*':::, :?gJ:::' ^?s:=4':: i- at; -;;;;;'-;";;v'".;;Hi:il::*;:
f*r,1.. :::,::.Tfi31 or,the subdiviii"n il;;;";;;;", o;;:HH;*H."llE
l:::,-. :y :*^T::loryI ung, ti,". e""io-;;";#i;"."-,,i="i#;:"H' .:i;i:i:9?lril: _colorado , for rhe ltitcrreri- ci."i'p-.u
$rs,aaa .zz .
STATE OF COI.ORADO
COU}TIY OF GARFIELD
my hand
QC
acknowLedged before meRichardson, as Chairman
County, @lorado .
sea1.
+/",l t
-this / / d3,of the Board of
GARFIELD COUNTY, COLORA;O
t^r4'-ylul PrciSg5
the amgunt of
The
.l!
ACKNOWLEDGMENT OF SATTSTACTION OF
SUBDIVTSTON II{PROVEMENTS AGREE}.{ENT
KNOW ALL MEN BY THESE PRESENT thAt:
By:
*HEREAS, Defiance, Ltd., (hereinafter ,Deveroper,,), entered into asubdiv:Lsion rmprovements Agreement dated october 30, rgg7, recorded inBook 7123, at page 'r44 ae Reception No. 3g7105 of the Garfierd countyrecords on october 30, tg87, for the improvement of the Mitcherl creekP.U.D. (hereinafter ,The property.) and;
WHEREAS, the obrigations of the Developer have been satisfied intotar' ast verified in a letter from the GMCo corporation dated November20, 1989 and a retter from schmueser Gordon Meyer, rnc. dated December 15,1989 and site
. inspection by the county noad and Bridge supervi-sor, forwork identified in Exhibit 'A' of the subdivision rmprovements Agreement.
Not^' THEREEoRE, at the request of the Developer and in consideration ofthe premises and prior ajreements, the Board hereby acknowredges thesatigfaction of t'he subdivision rmprovements Agreement entered into by theDeveloper and the Board of county commissioners of Garfield county,colorado, for the Mitchell creek p.u.D., in the amount of g13,219.20, prusany accrued interest in the Deveroper's Account and less any Treasurer,sfee, as held by the Garfield County Treasurer.
STATE OF
COUNTY OF
coLoRADO )
) ae.
GARFTELD )
'he foregoing instrument wasof, LgqO, by lrarianCoulty Comm sioners of Garfield
I
WTTNESS my hand and official
My commission expires:
acknowledged before meSmith, as Chairman ofCounty, Colorado.
seal.
''4x}l.Ls /b day
the Board of
/- 9-1 t
TOURTH AMEND}.IENT TO SUBDIVISION
FOR MITCHELL CREEK PLANNED
IMPROVEMEiiTS AGREEMENT
UNIT DEVTLtPt'tENT
THrs AGREEMENT, made and entered inro this _ day of seprember,1985 , between Mi tchel l creek , Ltd . f n.i"inaT-rer ref erred to as"Developer"), and the Boara of_ C;";ty Commissioners of Crrfield County,colorado (hereinafter referred to as'',county,, ; ;ir;"sserh:
WHEREAS, an Agreement dated November 1, Lg82, between the Developerand the county was &ecuted as a eonditio., oi-'rfpio.lri-"f f inal plar of theMitchel l creek Project, Fil ing rqo.- -r (heieio"lt"r ref erred to as"Property");
WHEREAS, an Amendment-dated April 25, 1983, to the above referencedAgreement, between the Developer "".itn. co,rnty was executed as I conditionof phasing of the property;
- WHEREAS, a second Amendment dated July 25, 19g3, to the above
; i f :; " I ; ;
o
.1*;""i'"X'"i };JJ;; "ri:: i;,'t6. r a n d t h e c o un r v w a s e x e c u t e d r o
- WHEREAS, a third Amendment dated october 10, 1984, to the abovereferenced-Agreement, between-the oeveloper and tt" ior.rty r^/as executed toallow for the release of certain p-ortions'of the coll"i.rrl for constructonof public improvements for the'f irst ,r,d-;";;;-;;;;;,
I{HEREAS, a Letter of Credit provi!ing security for the first phase ofsubdivision improvements rf,as accepted by- tte co"ity-;-
WHEREAS, a Letter of credit providin-g security for the second phase ofsubdivision improvements was accepted by the Coir";t;
WHEREAS, a Letter of credit -providi.ng security for the portions ofPuPlic-improvements remaining.to d" .orp1"l.a i;ihL second phase of thesubdivision was accepted by "the Cou"iyi
WHEREAS, the Developer now desires to extend the dat_e for providingconstruction oj nubllc improvements and collaterat reiated thereto for thethird phase of ttre property; and
I4THEREAS, the Developer also desires to release certain portions of thecollateral for construction of .prPlic improvements for th; J"coJ pt,rr" "rthe Pro-pe-rty, and modify some of the r.!"?i"a p"uii"-irpior.r.r,ts yer to beinstalled.
NOW, THEREFORE, for andfollowing mutual covenant andfol lows :
1. The publ ic . improvements set f orth in Exhibit ,,A,,, attachedhereto, for Phase one havl been comp_1"i"a and tt," C;rilt;as received propercertification from Developer to release Phase one coliateral as of october1,1994.
2' The Developer has requested certain changes to the Final platapproval and the county is wi-lling to r"."pt thes;.hrng.". They are:that the draina-89 culverts which a;o;; ci""lride court at srations 6+g0,8+00, -10+75, ,.,9 11+-60, sha11 be instrllJas shown on the,,revised culvertcrosBing" section dated 9-5-g5 and ,tt""t.a t"."io ,, Exhibit ,,D,,.
3 ' The estimated costs of remaining improvements for phase TVo as setforth in Exhibit "B" have been pa.r!ia-lly"completed and the county hag beengiven certif ieatlon to state.rt',1"1i i;p.;"ments have been comprete6, sothat the Letter of credit required forpL;;" Two can be reduced to the amountshown in Exhibit rrB,
in conaideration of the promises and theagreements, the parties hereby agree as
l
,4,Lrez -r/d/Eo -/ '- knr'Ot/ ,q-5H2/-/17 lrt
4' That not later than the date of the execution of this Agreement,the Developer sha11 deliver to.the County a Letter of credit, issued by aState or National Bgnking rnstitution which is licensed to clo business inthe state of colorado, in a form accep_table-t-o the county, whi"t a"""p1anceshall not be..unreasonably withheld, ,hi"h Letter of Credit shalt besecurlty for the construction of improvements remaining in phase Two, asreferred to above. The amount of said Letter of Credit for phase Two shall
999?1, t!," qutr of Thirteen Thousand one Hundred Dollars ""a NoZcents($13,100.00) .
5' The estimated costs- of improvements for the balance of theprojeet, Phase Three, are set forth i; Exhibit,crr. o;o, u"fo"L-ap.ir r,1987, the Developer shall deliver a retter of Credit, issued by a State orNational BankinS !nstitution which is licensed to do tusiness in the stateof colorado, i1 a form acceptable to the county, which acceptance sha11 notbe unreasonably^ withheld, which i.itli of credit shall secure rheconsEruction o-f improvements of Phase Three. The amount of said Letter ofcredit shall be_ equal to the totar construction cosrs of ririy- ihr."Thousand Eight Hundred Thirteen Dollars and No/cenrs i$si,g13.o'ol .
6' on or before December 1, 1987, Developer agrees to construct andinstall, or to cause tobe constructed and installef, "t it" sole-.*j".,"",those-public improvements set forth as it.r" f th.o,r!t S on Exhibit rrcrrattached hereto.
7 . In all other resPects, all terms, conditions and agreements of theSubdivision rmPro_vementi Agree-ment, ref erred Co
-Jo"", sharl remainunaltered and in ful1 force-and effect.
ATTEST:
By:Clerk toffi Chairman
BOARD OF COUNTY COMMISSIONERS
OF GARFIELD COUNTY, COLORADO
MITCHELL CREEK, LTD., a Colorado
ATTEST:
e(:retary
1.
2.
3.
4.
5.
EXHIBIT A
TO THE FOIIRTH A}fENDMENT TO THE
SUBDIVISION IMPROVEHENTS AGREEMENT
UTILITY COSTS RELATED TO LOTS 1, 2, 3, AND 4
OF THE MITCHELL CREEK PROJECT, FILING NO. 1
Work Description
Rough excavation of
Creekside Court so as
to provide fill mater-
ial for over lotting
lots 1, 2, 3, and 4 and
excavation of selter
5' retaining wal1
SANITARY SEWERffira1s
WATER SERVICE
LANDSCAPING
RevegETEn
PUBLIC UTILITIES
Electrical Service
Natural Gas Service
Telephone Service
Units Unit Costs
Remaining
Construction
Costs
Exi s t ing
Exi sting
Exi s t ing
Exi s t ing
Exi s t ing
Exi s t ing
Exi s t ing
Exl s t ing
0 .00
L.S.
L. S.
TOTAL ESTIMATE TO COMPLETE
MITCHELL CREEK, LTD., a Colorado
Linited Partnership
By MITCHELL CREEK CORPORATION, a
nton,
I
I
i
EXHIBIT B
TO TiiE FOURTH AMENDMENT TO THESUBDIviSION IMPROVEMENTS AGREEMENTUTILITY COSTS RELATED TO LOTS 5 THROUGH 9 AND 20OT THE MITCHELL CREEK PROJECT, FILING NO.
THROUGH 22
1
1.
Work Description
CREEKSIDE COURT
-
Excavation & embankment
Base Course materialAsphalt Paving(3) Culverts (drainage
& debris flow)
Over 1ot & debrisflow grading
Revegetation
SANITARY SEWERU" ser{er main8 service laterals5 manholes
I^IATER SERVICEE" water main(9) service laterals(1) hydranr(3) 8" gate valves(1) rret tap
Fi ttings
Units Unit Costs
Rema in ingConstruction
Costs
Existing
3 , 500.00
8 ,900.00
Exi s t ing
Exi s t ingExisting
Existin
Existing
Exi st ingExisting
Exi s t ing
Exi s t ingExistin
0.00
Exi s t ing
Exi s t ing
0.00
$ rr,100.00
a Colorado
Remaining
220 tons $40.00
Excavation Only
2.
3.
4.
5.
PARK AND LANDSCAPING
(2) bridges
Cl ear ing
Shaping
Revegetation
PUBLIC UTILITIESffice(1) Streer lightsNatural Gas ServiceTelephone Service
Phase Three
each
TOTAL ESTIMATE
'l
l
i,l
MITCHELL CREEK, LTD.,Llnited partnership
By MITCHELL CREEK CORPORATION,
$ 800.00
{(_c>.\
Exi s t ingExistinrImorT'
Exi st in
Exi s t ing
800.00
Exi s t ing
Depos i t
8T0tT'
en ton
EXHIBIT C
TO THE FOURTH AMENDMENT TO THE
SUBDIVISION IMPROVEMENTS AGREEMENTUTILITY COSTS RELATED TO LOTS 10 THROUGH 19OF THE MITCHELL CREEK PROJECT, FILING NO. 1
Units Unit Costs
Remaining
Construction
Costs
1.
Work Description
CREEKSIDE COIIRT
ffiankment
Base Course materialAsphalt Paving(3) Culverts (drainage
& debris flow)
Rip-Rap Debris Flow
Channels
Over lot & debrisflow grading
Revegetation
SANITARY SEITERffi5 service Laterals
1 manholes
WATER SERVICEffi(5) service laterals(1) hydrant(0) 8" gate valves(0) wet tap
Fi tt ings
PARK AND LANDSCAPING
ulnder Paths(2) bridges
C1 ear ing
Shaping
Revegetation
PUBLIC UTILITIESffice(1) Streer lightsNatural Gas Service
Telephone Service
Exi st lng
10 ,000.009,900.00
7 ,000.00
3,000.00
1,500.00
750.00
$ -3T;0-t0lo
2.
3.
4.
5.
220 tons
L.S.
L. S.
L. S.
L. S.
420 L.F.
each
352 L.F.
each
each
each
each
L.S.
40.00
Lt.25
170.00
$ 1t.7s
$ 250.00
$ 800.00
$ 460.00
$1500.00
2.AO
4,725.00
850.00
$ +, 138.00
1,250.00
800.00
0.00
0.00
240.00
$-63T8',. tro
$ 1,400.00
Exi s t lng
Exi s t ing
350.00
200.00
$-175Im-0
$ 3,000.00
800.00
3,000.00
1,000.00$-;BoTlO
$ 53,813.00
a Colorado
$
$
700 L.F.
L.S.
L.S.
TOTAL
each
L.S.
L. S.
ESTIMATE
$ 800.00
MITCHELL CREEK, LTD.,Limited Partnerehlp
nton, Pres
t
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lrecorded ,, -3 i,?J) _.:*tpa< P M. 0CI.1 0 1984
Beceptic o' s564qo
xl,--?TilrH,?[r", ffifsirT
THIRD AMENDMENT TO SUBDIVISTON
FOR MTTCHELL CREEK PLANNED
IMPROVEMENTS AGREEMENT
UNIT DEVELOPMENT
r,.,.l( 658 rum311
THrs AGREEMENT, made and entered into this lr*-day of *ffir,1984, between Mitchell Creek, Ltd. (t eiei"Efu; ref erred to as"Developer" ), and the Board of_ iounty Commissioners of Garfield county,colorado (hereinafter referred to aJ ',county',)r witnesseth:
WHEREAS, an Agreement dated November 1, lg}2, between the Developerand the county was executed as a condition of approval of finar plat of theMitchell Creek project, Fj-1ing No. 1 (nerLinafter referred to asI'Property', );
WHEREAS, an Amendment dated April- 25,1983, to the above referencedAgreement, between the Develope. urd the Countywas executed as a conditionof phasing of the property;
wHEREAS, a second Amendment dated July 25,19g3, to the abovereferenced Agreement, between the Developer and the county was executed toallow for three development phases i
WHEREAS, a Letter of credit providing security for the first phase ofsubdivision improvements was accepted ry tne couity;
WHEREAS, a Letter of credit providing security for the second phase ofsubdivision improvements was accepted uy trre cou-'nty;
WHEREAS, the-Developer now desires to extend the date for providingconstruction o-f public improvements and collateral related thereto for thethird phase of the property; and
WHEREAS, the Developer also desires to release certain portions of thecollateral for construction of public improvements for the first and secondphases of the property;
Now, THEREFoRE, for and in consideration of the promises and thefollowj-ng mutual covenant and agreements, the parties hereby agree asfollows:
1' The .remaining public improvements set f orth in Exhibit ,,A,,,attached hereto, are for Phase one, tt" remaining p"ulic improvements setforth in Exhibit "B" r attached hereto are for ptiase Two, and remainingpublic improvements set forth in Exhibit,,c,,, attached hereto, are forPhase Three- The public improvements set forth in Exhibit,,A,,have beencompleted and the county has rec_eived proper certification from Developerto release phase one colrateral of .ir".r'date herewith.
2 ' The estimated costs of required improvements for phase Two as setforth in Exhibit rrBrr have been pirtiairy completed and the county hasreceived certification to state *-lr1.t improvements have been completed, sothat the Lett"f.9f credit required for Phise Two can be reduced to the amountshown in Exhibit uB,'.
3' That not later than the date of the execution of this Agreement,the Developer shal1 deliver to-the county a Letter of credit, issued by aState or National Banking rnstitution wh-ich is licensed to do business inthe state of colorado, in a form acceptable to the county, which acceptanceshalI not be.unreasonably withhel-d, whlch Letter Jt creait shall besecurity for the construction of improvements remainj-ng in phase Two, asreferred to above. The amount of said Letter of credit f-or phase Two sharlequar the sum of sixteen Thousand Five Hundred seventy Eive Dollars andNo,/Cents ($16,575.00 ) .
Bdrr( 658 PrEt312
4. The estimated costs of improvements for the balance of theproject, Phase Three, are set forth in nxrribit ,,c". on or before April 1,1986, the Developer shal1 deliver a Letter of Credit, issued by a Slate orNational Banking rnstitution which is licensed to do business in the Stateof colorado, j-n a form acceptable to the county, which acceptance shall notbe unreasonably withheld, which Letter of Credit shall secure theconstruction of improvements of Phase Three. The amount of said Letter ofCredit shal1 be equal to the total construction costs of Sixty SevenThousand Seven Hundred Seventy DoIlars and No/Cents ($67 ,77O.OO-) .
5. On or before December I, 1986, Developer agrees to construct andinstal1, or to cause to be constructed and inst-a1ted-, at its sole.*p".r=.,those public improvements set forth as items 1 through 5 on Exhibit,C,attached hereto.
6' rn all other respects, all terms, eonditions and agreements of thesubdivision rmprovements Agreement, referred to above, shall remainunaltered and in fuI1 force and effect.
ATTEST:BOARD OF COUNTY COMMTSSIONERS
oF GARFIELD COUNTy, COLORADO
MfTCHELL CREEK, LTD., a ColoradoLimited Partnership
Clerk
MIJCHELL CREEK CORPORATTON,Colorado Corporation
sident
1.
2.
3.
4.
5.
Work Description
Rough excavation ofCreekside Court so asto provide fill mater-ial for over lottinglots l, 2, 3, and 4 andexcavation of sewer
5 | retaining waII
SANTTARY SEWERffirats
WATER SERVICE
LANDSCAPTNGn@Effin
PUBLTC UTTLTTTESfficeNatural Gas ServiceTelephone Service
Units Unit Costs
Bilir( 658 Pff313
Remaining
Construction
Costs
Existing
Existing
Existing
Existing
Existing
Existing
Existing
Existing
0.00
EXHTBIT ATO THE THTRD AMENDMENT TO THESUBDIVISION IMPROVEMENTS AGREEMENTUTTLITY COSTS RETATED TO LOTS 1, 2, 3, AND 4OF THE MITCHELL CREEK PROJECT, FTLING NO. I
L. S.
L. S.
TOTAL ESTfMATE TO COMPLETE
MITCHELL CREEK, LTD., a ColoradoLimited partnership
By MITCHELL CREEK CORPORATION, aCo1-orado Corporat j- on
ld G. Denton,PreS
1.
2.
3.
4.
5.
EXHIBTT B
TO THE THIRD AMENDMENT TO THESUBDIVTSION IMPROVEMENTS AGREEMENTUTTLITY COSTS RELATED TO LOTS 5 THROUGH 9 AND 20OF THE MITCHELL CREEK PROJECT, FILING NO.
Work Description Units Unit Costs
Excavation Only
$tr,r( 658 rrff3l{
THROUGH 22I
Remaining
Construction
Costs
Existing
3,500.00
8,800.00
Existing
1,500.00
750.00
$ -Ta;Bo-lT
Existing
ExistingExistin
Existing
Existing
Existing
Existing
ExistingExistin
Excavation c embankment
Base Course materialAsphalt paving(3) Culverts (drainage
& debris flow)Over lot & debrisflow grading
Revegetation
@
8 " sewer main8 servi-ce laterals5 manholes
WATER SERVfCE8" water main(9) service laterals
(1 ) hydrant(3) B' gate valves(1) wet tapFittings
PARK AND LANDSCAPTNG
Remainingr
220 tons $ a0.00
(2) bridges
Clearing
Shaping
Revegetation
PUBLIC UTTLTTTESffice(1) Street lightsNatural Gas ServiceTelephone Service
Phase Three
each
$ o. ooExistingExisting
0.00
225.00$ 225.00
$ 800.00 '"833150
Existing
1,000.00
$---i,T-oT:m
$ ro,575. oo
a Colorado
TOTAL ESTTMATE
MTTCHELL CREEK, LTD.,Limited partnership
CREEKSIDE COURT
TCHELL CREEK CORPORATTON, Aorado Corporation
G. Denton,resi-dent
4
1.
2.
3.
4.
5.
I
- .i
Work Description
CREEKSTDE COURTgxcavation a embankmentBase Course materialAsphalt paving(3) Culverts (drainage
& debris flow)
Over lot & debrisflow grading
Revegetation
SANTTARY SEWERffi10 service laterals2 manholes ( I on-site )
WATER SERVTCEEr;ater mril(10) service laterals(2) hydrant(0) 8" gate valves(0) wet tapFittings
IARK AND LANDSCAPTNG
(2) bridges
Clearing
Shaping
Revegetation
PUBLTC UTILITTESffice(1) Street lightsNatural Gas ServiceTelephone Service
Units Unit Costs
Remaining
Construction
Costs
Existing
10,000.00
8,800.00
13,000.00
1,500.00
750.00
$ -34,o5olT
8,685.00
r,700.00
1,900.00
220 tons
L. S.
L. S.
L. S.
772 L.F.
each
503 L.F.
each
each
each
each
L. S.
40.00
11.25
170.00
$ 11.75
$ 2s0.00
$ 800.00
$ 460.00
$1s00.00
$ 2. oo
$
$
700 L.F.
L. S.
L. S.
each
L. S.
L. S.
$ s00.00
MTTCHELL CREEK, LTD.,Limited Partnership
TOTAL ESTIMATE
B0,r( 658 ilcr315
EXHIBTT C
TO THE THTRD AMENDMENT TO THESUBDIVTSION IMPROVEMENTS AGREEMENTUTILTTY COSTS RELATED TO LOTS IO THROUGH 19OF THE MTTCHELL CREEK PROJECT, FILING NO. 1
t2,295.00
$ 2,085.00
2,500.00
1,600.00
0.00
0.00
500.00$-1r6E5tT.
$ r,400.00Existing
Existing
350.00
200.00$ 1,E6:0I-
$ s, o0o. oo
800.00
3,000.00
1,000.00$ 7;EoolT
$ 07 ,77 0.00
a Colorado
MITCHELL CREEK CORPORATION, Aorado Corporation
c. oentonl-TreETa-eiE
\, +{
By
o
F
m
C2
ooCz
HmU'
a
lst
EARL G. RHODES
County Attorney
P.O. Box 640, G lenwood Spri ngs, Co torado 81 602 945_9 1 58
GARFIELD COUNTY.
t '
^it ' .'t ,a'
Recorded ol {S o'clock ,_I_n 13_B0ttx 6;13l- ;'lcr?j_liReceprion No. it4{t?3 MIIDRED AtsDoRF, REcoRDB
c-,
N'
SECOND AI,IENDMENT TO SUBDIVISION IMPROVEMENTS AGREEMENT
FOR MITCHELL CREEK PLANNED UNIT DEVELOPI\4ENT
THrs AGREEMENT, made and entered into this /*day of Ju1y, r983,
between Mitchell Creek, Ltd. (hereinafter referreEE-E-s "Developer" ), andthe Board of County Commissioners of Garfield County, Colorado(hereinafter referred to as ,,County,,), witnesseth:
WHEREAS, an Agreement dated November 1, 1982, between the Developer
and the County was executed as a condition of approval of final plat of theMitchell Creek Project, Filing No. I (hereinafter referred to ast'Propertyt') i
WHEREAS, an Amendment dated ApriJ- 25r 1983, to the above referencedAgreement, between the Developer and the County was executed as a conditionof phasingr of the Property;
WHEREAS, the Developer now desires to develop the Property inadditional phases and provide construction of public improvements andcollateral related thereto;
WHEREAS, the parties have previously agreed to allow for phaseddevelopment of subdivision improvements, and have divided the property
into two phases;
WHEREAS, the County is agreeable to allow the Property to be developedin additional phases;
WHEREAS, the parties desire to further amend the previously approvedSubdivision Improvements Agreement, and the Amendment thereto to allow forthree development phases; and
WHEREAS, a Letter of Credit providing security for the first phase ofsubdivision improvements has been accepted by the county;
NOW, THEREFORE, for and in consideration of the promises and thefollowing mutual covenant and agreements, the parties hereby agree asfollows:
1. The public improvements set forth in Exhibit "A,,, which isattached hereto, shall be and hereby are partitioned into three separatephases. The public improvements set forth in Exhibit trBrr are foiphase
One, and the remainder of Filing No. 1 improvements are set forth in Exhibitrrcrr attached hereto. The public improvements set forth in Exhibit ttctt
shall be partitioned into Phase Two and Phase Three. The estimated costsof required improvements for Phase Two are set forth in Exhibit "D',, and theestimated costs of improvements for the balance of the project, phase
Three, are set forth in Exhibit ,'E,.
2. That not later than the date of the execution of this Agreement,the Developer sha1l delj-ver to the County a Letter of Credit, issued by aState or National Banking Institution which is licensed to do business inthe State of Colorado, in a form acceptable to the County, which acceptanceshall not be unreasonably withheld, which Letter of Credit sfriff besecurity for the construction of improvements of Phase Two, as referred toabove. The amount of said Letter of Credit for Phase Two sha1l equal the
sum of Ninety-Nine Thousand Eight Hundred Forty-Two Dollars and No/Cents
( $99, 842.00) .
3. On or before April I, 1984, the Developer shall deliver a Letter ofCredit, issued by a State or National Banking Institution which is ticensedto do business in the State of Colorado, in a form acceptable to the CounLy,which acceptance sha11 not be unreasonably withheld, which Letter of Creditshall secure the construction of improvements of Phase Three. The amountof said Letter of Credit shal1 be equal to the total construction costs ofNinety Thousand Six Hundred Eighty-Three Dollars and No/Cents
( $90,683.00 ) .
4. rn all other respects, all terms, conditions and agreements of the
B00l( 631 711t'L}Lq
Subdivision Improvements Agreement, referred to above, sha1l remainunaltered and in fuIl force and effect.
ATTEST:
BOARD OF COUNTY
OF GARFTELD COU
o the
MITCHELL CREEK, LTD., a ColoradoLimited Partnership
By MTTCHELL CREEK CORPORATION, a
dent
onorado Corpora
ATTEST:
-1
I{ork Descr ipt ion
CX.EEXSIDE bOURT
Excavation t er,-,bankment
Base course material
Asphalt paving(6) Culverts (drainage &debris flow)
5'high retaining wallsOver lot & debris flow
gr adirry
Revegeta t i on
I,500 c. Y.
2r 900 tons
{ 40 tons
L. S.
4{0 L.F.
L. S.
L- S.
1,449 L.F.
each
each
1,553 L.F.
ea ch
each
ea ch
each
L. S.
700 L. F.
L. S.
L. S.
L-S-
L. S.
L. S.
ea ch
L. S.
L. S.
T'O"AL ESTI},IA]-E
TO T}iE S UBDI VIS ION
"HE HITCHELL CRNEX
ExHIBiT A
I}1 PRO\ETIEIITS A GREE/.ENT
PROJECT, FTLTNG NO. I
l!0rll( 631 p6ci715
bnstructlon
Cost
$ 18,000. oo
29,000. oo
19,000. oo
25,000. oo
11,000. oo
8,000. oo
1, 500. oo
$]11,500. oo
$ l6, o0o. oo
3,740. oog,]00.00
$ 28,840. OO
$ 2I, 3 54. oo
5,500.00
2, 400 . oo
I,380. oo
I , 500. oo
000. 00
$ 33,131.00
$ f,40o.oo
Ex i sti ng
900 - 00
1,600. oo
ExistIng
1,000.00
500. 00
5,100-00
Unit Costs
$t 2. 00
$ 10. 00
s40.00
$2s.00
SAN]TAXY SEh'ER
8' se*er main
(22) service laterals(7) manhoLes
3. h'ATER SERVI CE
8- r*,ater mains
(22) service laterals(3) hyorants
(3) 8" gate valves
(1) uret tap
Firtings
t,. _f1!_,t.;D U,);iiSC:.F, 1i,,c.
Ci r,cler pi-G.--
(21 bridges
Bus stop shelter
Steps
Clearing
Shapi ng
Revegetation
5. F":I!L]C U?IL]T]ES
El ecrr i.il-ulr ri ."(2) srreer lights
l.la tural gas service
TElepnone service
2.
$I1.25
$t70.00
$I,3oo. oo
$13.75
$2s0.00
$800.00
$460.00
$1 , 5oo. oo
$2. 00
$800.00
$ 23,000. o0
L,600. oo
6 , 000. o0
5, 000. oo
-
s 35,600. oo
$214,474.o0
HI rcHELL G,EEK, Lm., a C-olorado
1i mi pa r tnership
By HI
a
ELL G.IEX TION,Lorado c
Pfesidenf
Work Description
Rough excavation of
Creekside Court so as
to provide fill mater-
ial for over lotting
lots 1, 2, 3, and 4 and
excavation of sewer
5r high retaining walls
SANITARY SEWER
a G"..,iEEl.EErars
WATER SERVICE
LANDSCAPING
Revegetation
PUBLIC UTILITIES
Electrical service
Natural Gas
Telephone
Units Unit Costs
L,000 c.Y. $ 12.00
440 L.F. $ 25.00
each s170.00
L. S.
L. S.
ESTIMATE
B8lll( &31 r!!rtt716
Construction
Cost
$12,O00.00
$11 ,000.00
$ 680. O0
Existing
$ zs. oo
$ 194 .00
Existing
Existing
$ 23 , 949 .00
EXHIBIT B
TO THE AMENDMENT TO THE
SUBDIVISION IMPROVEI.IENTS AGREEMENT
UTILITY COSTS RELATED t\) LOTS L, 2, 3, and 4oF THE I,IITCHELL CREEK PROJECT, FTLTNG NO. 1
1.
2.
3.
4.
5.
MITCHELL
limite.I imi ted
ay urrc/r. co16'
II
Work Description
CREEKSIDE COURT
Excavation & enibankment
Base Course material
Asphalt paving
(6) Culverts (drainage
c debris fl-ow)
Over lot & debris
flow grading
Revegetation
SANITARY SEWER
8" sewer main
18 service laterals
7 manholes
WATER SERVICE
8" water main
(22) service laterals(3) hydrants
(3) 8" gate val-ves(1) wet tap
Fittings
PARK AND LANDSCAPING
-
Cinder Paths
(2) bridges
Bus stop shelter
Steps
Clearing
Shaping
Revegetation
PUBLTC UTILITIESffi.(2) Street lights
Natural Gas Service
Telephone Service
Units Unit Costs
B00tt 631 pa6[}l_?
Construction
Costs
$ 7,oo0.oo
29,000.00
18,000.00
26,000. o0
7, 000. o0
1 ,50O. OO
$ 88,500.o0
$ 16,O00-O0
3,060.00
9, 10o. o0
$ 28,160.00
$ 27 ,354 . O0
5, 500. o0
2,400. o0
1 ,380. O0
1,500-00
1 , O00. 00
EXHIBIT C
TO THE AMENDI'IENT To THE
SUBDIVISION T}4PROYEME}ITS AGREEI,IENT
I.]TILITY COSTS RELATED TO LoTS 5 THROUGH 22
OP THE MITCHELL CREEK PROJECT, FILING NO. 1
1.
500
2900
440
L. S.
L. S.
L. S.
1448 L.r.
each
each
1553 L.P.
each
each
each
each
L. S.
700 L.F.
L. S.
L. S.
L. S.
L. S.
L. S.
each
L. S.
L. S.
TOTAI ESTII'IA?E
$ 11.25
$ 170.00
$1300.0o
$ 13.7s
$ 2s0.00
s 800.00
s 460-OO
$1s00.o0
s 800.00
c.Y. $tons $tons S
12. 00
10. oo
40.00
2-
2
4.I 33,134.00
2.OO s 1,40O.OO
Existing
900.00
1,6O0. O0
Existing
L, o0o. o0
425.OO
5, 325.00
$ 22 ,806.00
1 ,600.00
6 ,000. 00
5 ,000.00
$ 35,406.00
s 190, 525.00
E)-
MIrcHELL
limited
CREEK, LTD., a Colorado
rtnership
CREEK CORPORATIO}I,By MI
hdo corporation
Bor)il 6.31 ram7ls
EXHIBTT D
TO THE SECOND AMENDMENT TO THE
SUBDIVTSION IMPROVEMENTS AGREEMENT
UTILITY COSTS RELATED TO LOTS 5 THROUGH 9 AND 20 THROUGH 22
OF THE MTTCHELL CREEK PROJECT, FILING NO. I
1.
Work Description
CREEKSIDE COURTffibankment
Base Course materialAsphalt paving(5) Culverts (drainage
& debris flow)
Over lot A debrisflow grading
Revegetation
Units Unit Costs
Construction
Costs
2.SANITARY SEWERffi
B service laterals
5 manholes
3. WATER SERVICEErwater;Efn(9) service laterals
(1 ) hydrant(3) 8" gate valves(1) wet tapFittings
4. PARK AND LANDSCAPING
(2) bridges
Bus stop shelter
Steps
Clearing
Shaping
Revegetation
5. PUBLIC UTILITIESffice(t) Street tightsNatural Gas Service
Telephone Service
250 C.Y.
1450 tons
220 tons
L. S.
L. S.
L. S.
$ 12.00$ r0.00$ a0.00
$ 11.2s
$ 170.00
$1300.00
$ r3.7s
$ 2s0.00
$ 800.00
$ 460.00
$1s00.00
$ e00.00
$ g,5oo. oo
14,500.00
9,000.00
13,000.00
3,500.00
7s0.00$ M7m:00
550 L.F.
each
each
950 L.F.
each
each
each
each
L. S.
700 L.F.
L. S.
L. S.
L. S.
L. S.
$ r3,06 2.oo
2,250.00
800.00
1,380.00
1,500.00
s00.00$- 1979t07
2.oo $ r,4oo.ooExisting
0.00
1,600.00
Existing
0.00
225.00$-;800
LL,403.00
800.00
3,000.00
2,500.00
7 ,312.00r,360.00
6,500.00
15,172.00
L7 ,7 03.00
$ 99,842.00
L. S.
each
L. S.
L. S.
TOTAL ESTIMATE
MfTCHELL CREEK, LTD., a Co1orado
I
By
a
T:
imited
MITCIIE
Cofor/
d G. Denton,
1.
z.
Work Description
CREEKSTDE COURTffibankment
Base Course materialAsphalt paving(3) Culverts (drainage
& debris flow)
Over lot A debrisflow grading
Revegetation
Units Unit Costs
B{l:Iil ff]I- i'rW?19
Construction
Costs
$ :,500.00
l-4,500.00
9,000.00
13,000.00
3,500.00
750.00
$ l?ElT'
8,699.00
1,700.00
2,600.00
EXHIBTT E
TO THE SECOND AMENDMENT TO THE
SUBDIVISTON IMPROVEMENTS AGREEMENT
UTILITY COSTS RELATED TO LOTS 10 THROUGH 19OF THE MITCHELL CREEK PROJECT, FILING NO. 1
SANITARY SEWERffi10 service laterals2 manholes
3. WATER SERVICE
-
B" water mainService laterals(2) hydrant(0) B" gate valves(0) wet tapFittings
4. PARK AND LANDSCAPTNG
Cinder Paths(2) bridges
Bus stop shelter
Steps
Clearing
Shaping
Revegetation
5. PUBLIC UTILITTESffice(1) Street tightsNatural Gas ServiceTelephone Service
$ a ,292.00
3,250.00
1,500.00
0.00
0.00
s00.00$ 1t6-zzlo
2.Oo $ 0.00Existing
900.00
0.00Existing
1,000.00
200.00$-ZIIo-lT-
772 L.F.
each
each
603 L.F.
each
each
each
each
L. S.
250 C.Y.
1450 tons
220 tons
L. S.
L. S.
L. S.
$ r2.00$ r0.00$ a0.00
$ 11.2s$ 170.00
$1300.00
$ 13.75
$ 2s0.00
$ 800.00$ 460.00
$1s00.00
$ 800.00
$---1Z7EilIT
I1,403.00
800.00
3,000.00
2,500.00
L. S.
L. S.
L. S.
L. S.
L. S.
each
L. S.
L. S.$ If;mmT
L,
MITCHELL ,
limited
By MITCHE.
a Color,
, LTD., a Colorado
CREEK CORPORAT
corporation
TOTAL ESTIMATE 90,683.00
.)
H8PElE(,
,lfi e
L
Recorded otq s0i3l 6e6 atr141Recaption No.
AI'IEIDMNVI TO SUBDIVISION IMPRO\EMHVIS AGRMT,trbJT
FOR MITCHELL CREE( PIANNED UNIT DT{IEIOPMENI
- ..r/:THIS AGREEMEilII, rnade and entered into i.Jrris ,:(9 day of April, ]983,
between Mitchell Creek, Ltd. (hereinafter referred to as "Developer"), ard
the Board of County Conmissioners of C"arfield County, @lorado (hereinafter
referred to as "County"), witnesseth:
WHEREAS, an Agreenent dated ltrovember I, 1982, between the Developer ardthe County was executed as a condition of approval of final plat of theMitchell Creek Project, Filing lIo. 1 (hereinafter referred to as "ProtrErty") i
WHEREAS, the Developer noer desires to develop the project in 1*rases andprovide construction of p:blic improvenrents ard collateral related thereto;
WHIREAS, the Developer nov, desires to construct public inprovements forIots 1, 2, 3 and 4 as Phase Ore of Filing No. 1, and the balance of Filing
No. I as Phase IVro;
WHEREAS, the County is agreeable to aIlol.r the Property to be developedin phasesi and
WHEREAS, the parties desire to amend the previously atrproved
subdivision rnprovenrents Agreenrent to allow for phase develotrment.
I\rcw, IIIEREFORE, for ard in consideration of the pronises ard the
following mutual covenants ard agreements, the ;xrties hereby agree as
follovrs:
1. the public improvements set forth in Exhibit uA', which is attachedhereto, shall be and hereby are Snrtitioned into trtrc separate phases. theestirnated cost of required improvements for Phase One are set forth inBhibit "B", and the estimated costs of inprovernents for the balance of theproject are set forth in Exhibit 'rcrr.
2. That not later than the.date of the execution of this Agreement,
the Developer shaIl deliver to 'the County a tetter of Credit, isiued by aState or }Iational Banking Institution r+trich is licensed to do business in the
State of Colorao, in a form arceptable to the County, which arceptance shalI
not be unreasonably withheld, which Letter of Credit shall be security forthe construction of improvements of Phase orre, as referred to above. theanpunt of said letter of Credit foq. Phase One shall egual the sun of
T\^renty-ltrree Thousand Nine Hurdred Forty-Nine Dollars and No/Cents
($23,949.00) .
3. On or before April 1, 1984, the Developer shall deliver a Letter ofCredit, issued by a State or National Banking fnstitution wLrich is licensedto do business in the State of Colorado, in a form arceptable to the County,which acceptance shall not be unreasonably withheld, which Letter of Creditshal1 secure the construction of imlrcvenrents of Phase I\lo. The anount ofsaid tetter of Credit shall be egual to the total c.onstruction costs of OreHundred Ninety Ihousard Five Hundred Tr+enty-Five Dollars and lto/C-ents($I90,525.00), plus an inflation adjustnrent, as provided for in the original
Agreement.
ALSDORF, RECORDER
4=:'S:k ft M-
4. In all other respects, all terms,
Improvernents Agreerent, referred
force and effect.
conditions and
to above, shalI
BCI0l( ,6,B6 rafft42
agreenrents of the
remain unaltered..,.Subdivision
"'. 'hrrd in fuII
;iliiiii'';.,
dTTryT:
\i r--' i !'l '..
d
L
BOARD OF @U}ITY
r -.,)_{
. i.it
t.1a
t.
i l.
3001( Cffi P$r143
EXHIBIT A
TO THE SUBDIVISION IHPROVEI.IENIS AGRXEI!,TENT
THE MITCHELL CREEK PROJECT, FILING NO. 1
{.
l^Iork Description
cnsrxstoe 'couRr
Excavation & embankment
Base course material
Asphalt paving
(5) Culverts (drainage rdebris fLow)
5r high retaining wa1ls
Over lot & debris flow
grading
Revegeta tion
Units
1, 500 c. Y.
2r 900 tons
{ 40 tons
L. S.
440 L.F.
L. S.
L. S.
1,448 L.F.
each
each
1,553 L.F.
each
each
each
each
L. S.
700 L.F.
L. S.
L. S.
L. S.
L. S.
L. S.
each
L. S.
L. S.
1'OTAL ESTI}.{AIE
Unit Costs
$1 2. 00
$r0.00
${0.00
$2s.00
&nstructlon
Cost
$ l8, ooo. o0
29,000.00
r8,000.00
26,000.00
I1,000.00
8, 000. 00
l, 500. 00
$111,500.00
$ 16,000.00
3, 74 0. 00
9 ,1 00. 00
$ 28 ,84 o. oo
$ 21,354.00
5,500.00
2, 400. 00
1,380.00
I , 500. 00
I , 000. 00
$ 33,134.00
2.SANITARY SE1^JER
8' sewer main
(22) service laterals
(7 ) rnanholes
3. WATER SERVIG
8" water mains
(22l. service Laterals(3) hydrants
(3) 8" gate valves(1) wet rap
Fittings
PARK AND I,/TNDSCAPING.
Cinder paths
(2) bridges
Bus stop shelter
Steps
Clearing
Shapi ng
Re vege tat ion
zuBLIC UTILIT]ES
Electrical service
l2l street lighrs
Natural 9as service
Telephone service
$rt.2s
$r.70.00
$r , 3oo. 00
$r_3.75
$ 2s0. 00
$800.00
$4 60. 00
$1 , 5oo. oo
4.
5.
$2. 00 $ 1,400.00
b< i sti ng
900. 00
1,600.00
Ex ist i ng
Ir 000. 00
500.00
$ 5,400.00
. $ 23, 000.00$800.00 t ,600. oo
6, 000. 00
.r*#ffi
$214,474-OO
ColoradoM]rcHELL/G,EEK, LTD., 6
limiy'ed parrnership
dc.DentoDr
,TION,CREEKMI
a
By
ado
Work Description
Rough excavation of
Creekside Court so as
to provide fill mater-
iaI for over lotting
lots 1, 2, 3, and 4 and
excavation of sewer
5r high retaining wal1s
SANITARY SEWER
Z-senrice taterats
WATER SERVICE
LANDSCAPING
Units Unit Costs
Boor( 6p6 prcE144
Construction
Cost
$12,000.00
$11 ,000.00
$ 680.00
Existing
$ 7s.00
$ 194.00
Existing
Existing
$23,949.00
EXHIBIT B
TO T}IE AMEND},IENT TO TIfi
SUBDIVISION IMPROVEIVIENTS AGREEMENT
UTILITY COSTS RELATED To IoTs 1, 2, 3, and
oF Trm MITCHELL CREEK PROJECT, FILING NO. 1
l_.
l_ ,000 c. Y.
440 L.r.
each
$ r_2.00
$ 2s.00
s170.00
)
3.
4.
Revegetation
5. PUBLIC UTILITIES
Electrical service
Natural Gas
Telephone
L. S.
L. S.
TOTAL ESTIMATE
MITCIELL CREEK, LTD. , a Colorado
'partnershi-p
,L CREEK CORPORATION,
ado corporation
G. Denton, President
44
$
$
$
1.
2
3.
4.
q
Work Description
CREEKSIDE COURT
Mankment
Base Course material
Asphalt paving
(6) Culverts (drainage
& debris flow)
Over lot & debris
flow grading
Revegetation
SANITARY SEWER
8" sewer main .
18 service laterals
7 manhol-es
WATER SERVICE
8" water main
(22) service laterals
(3) hydrants
(3) 8" gate valves
(1) wet tap
Fittings
PARK AND LANDSCAPING
C=tlo"t r-aErrs
(2) bridges
Bus stop shelter
Steps
CJ-earing
Shaping
Revegetation
PI,BLIC UTILITIES
El-ectrical service
(2) Street lights
Natural Gas Service
Telephone Servi-ce
Units Unit Costs
B00tt 636 pr0E145
Construction
Costs
$ 7,OO0.OO
29, 000 . o0
L8,000.00
26,000.00
7,000.00
1 ,500. o0
$ 88,500.00
$ 16,O00.00
3,060.00
9, 100. o0
$ 28,L60.00
2t,354.OO
5, 500.00
2 ,40O.00
1 ,380.00
L,5o0.0o
l, ,000.00
22,806.OO
l- ,5oo.0o
6, 000.00
5,000.00
$ 35,406.00
$ 190, 525 . oo
EXHIBIT C
TO THE AMENDI\iIENT TO THE
SUBDIVISION II'IPROVEMENTS AGREEMENT
UIILITY COSTS RELATED TO LOTS 5 THROUGH 22
OF THE MITCHELL CREEK PROJECT, FILING NO. 1
500 c.Y.
2900 tons
440 tons
L.S.
L. S.
L. S.
1448 L.F.
each
each
12.00
l_0. o0
40.00
$ 11.25
$ 170.00
$ 1300 . 00
$ 13.7s
$ 2s0.00
$ 800.00
$ 460.00
$1s00.00
$ 800.00
l_553 L.F-
each
each
each
each
L.S.
70o/ r,.r.
L. S.
L. S.
L. S.
L. S.
$ 33,134.00
2.OO $ 1,400. O0
Existing
900. o0
1,600 .00
Existing
1,000.00
s-s##
L. S.
each
L. S.
L.S.
TOTAL ESTIMATE
MITCHELL CREEK, LTD., a ColoTado
partnership
L CREEK CORPORATION,
orado corporati
G. Denton, P
(' r
I
t
?
)
GAR ILTD COUNTY
r,es E(-b FgA d-
Recorded at ,1:44 - o'clock P *OCT g 0 1s87
Reception Na, 3. , tOS MILDRED ALSDORF, REGOI iR
G A B FI ELD COU I\ITY, COLORA,DO,*,
(_)_
corporation, hereinafter referred
BOARD OF COUNTY COMMISSTONERS OFhereinafter referred to as nCountyrr,
WHEREAS, dD AgreementMitchell Creek, Ltd. and theof approval of final plat ofNo. L, hereinafter referred to
to as rrDevelop€rtt, and the
GARFTELD COUNTY, COLORADO,
WTTNESSETH:
dated November L I i.gBZ, between
County was executed as a conditionthe Mitchell Creek Project, Filingas trPropertytt,. and
' WHEREAS, Amendments dated April 25, 1983, July 25, t-983, andoctober 10, L984, to the above-referenced Agreement, betweenMitchell Creek, Ltd., and the County were executed as a conditionof phasing of the property and to aIlow for the release ofcertain portions of the collateral for construction of publicimprovements for the first and second phase; and
WHEREAS, Mitchell creek, Ltd., has defaulted to Fj_rst Bankof Eagle, First Bank of Eagle wishes to convey the property toDeveloper; and
WHEREAS, the Developer now desires to extend the date forproviding construction of public improvements and collateralrerated thereto for the third phase of the property: Lots 10through 1,9 i and
WHEREAS, the improvements for phase one, Lots L, 2, 3 and 4and Phase Two, Lots 5 through 9 and 20 through 22 have beencompleted and accepted by the County.
NoW, THEREFORE, for and j-n consideration of the promises andthe following mutual covenants and agreements, the palties herebyagree as follows:
1. The estimated costs of improvements for the balance ofthe project, Phase Three, are let forth in Exhibit ,Ar.
Developer has deposited the Fum of 967,1_oo.oo with the county tobe held as security for the construction of improvements in p-haseThree. Said funds shall be placed by the County in an interestbearing money market account with a ltca1 feaeraity insured bankor. savings and 1oan. The county sha1l act as sole signatory onsaid account. said funds may be drawn upon by the neveroper foractual construc-tion accomplished as set forth on Exhibit irarr, or
Py the County in the event of default under this Agreement. Inthe event Developer wishes to draw against said fun&s, Developersha11 provide certification satisfactory to the countyestablishing the extent of actual construction completediDetermination of the extent of completion shall be in tne solediscretion of the Board of County Commissioners.
Br:x ?"?, PllE?44
SUBDIVTSION IMPROVEMENTS AGREEMENT
FOR MITCHELL CREEK PI,ANNED UNIT DEVELOPMENT
THIS AGREEMENT, made and entered into this ?O2.1 day of?C7o',it = _ , 1-987, between DEFTANCE, r,rill--E-.-cololrado
Br:r( ?23 prcE?4s
2- rn the event the improvernents are not completed byDevelopeT by Deeember r, r-988, then the funds deposited and herdas security T?{_bg used by Garfield county for the completion ofsaid subdivision improveml_nts.. upon tompretion of the reguiredimprovements, wheth6r completion i" .""o*plished by Deveroper orby county, the balance of funds, including any acciued interest,shall be paid to Developer.
3- This Agreement and the deposit and receipt of saidfunds, shaI1 not be taken as an assumption uy -e"iii"ra county ofany responsibility to complete t-ne :-rir"vEm""t= in thesubdivision and notwitnstandinq sugh Jeposit, the Deveroper sha11remain responsible for the "ornftetio, oi said imp.ov"ments.
4' on or before December 1, 19gg, Developer agrees toconstruct and_ installr or to cause to be constructed andinstalled, at.Deverop".;= sore "*p"rr"", tno=" public improvementsset forth as items L through 5 of^Exhibit rrA, annexed. hereto.
5' The^ Developer .agrees to add deed restrictions to Lots10, L2 and 13 to restricl on lot construction to the buildingenvelopes identified on the final piit of the Mitchelr- creekProject, Filing No.1 and to rest.rict property owners fromaltering the debris flow bg* contiguratioin- -i;-;y manner thatwould adversely affect the berms "ufiririty "i hJr'"cting debrisf1ow, as originally designed
6' rn all other respects, all terms, conditions andagreements of the subdivision- rmprovements agreemenir- rererred toabove, shalr remain unalterea anh in tu:.r force and effect.
.r .l
BOARD OF
OF GARFI
COUNTY COMMISSTONERS
CO
DEFIANCE, LTD., a Coloradocorporation
By:
-2-
l_.
2.
5.
EXHTBTT rrArr
TO THE FOURTH AI{ENDMENT TO THESUBDIVTSION IMPROVEMENTS AGREEMENTUTTLITY COSTS REI,ATED TO LOTS 10 THROUGHoF THE MTTCHELL CREEK PRoJECT, FILTNG NO.
CREEKSTDE COURT
Excavating & embankmentBase Course materialAsphalt paving
(1) Culverts (arainage and debrisRip-Rap Debris FIow 6hannelsOver Iot & debris flow gradingRevegetation
SANITARY SEWER
8tr sewer main5 service mainL manhole
Existing
g ,549 .50flow) '3;313:33
3, 000. o0
l_, 50o. 00
7s0. oo
3O,479.50
8, 890. OO
3. WATER SERVICE
8r water main(5) service laterals(1) hydrant(O) 8'r gate valves(0) wet tapFittings
4. PARK AND I,ANDSCAPTNG
Cinder paths
(2) bridges
Clearing
Shaping
Revegetation
PUBLTC UTILITTES
Electrical ServiceNatural Gas ServiceTelephone Service
9,723.go/
v
h,$\p
B0.rK ?2?, PlCt746
l-9
l_
ExistingExisting
200. oo
200. 00
L4,398.23
l-, 500. o0
l-, 900.00
1"7 ,798.23
67 ,O91.63TOTAL ESTTMATE
iz_I
t,/
CEC -.Bonx {i1,1 plti4ti'z
A!.SDCRF, RECORDER
SUBDIVIS ION IMPROVEMENTS AGREEMENT
THrs AC'REEMENT, made and entered into this E_day of November, Lggz,between MITCIIELL CREEK, LTD., hereinaft,er referred to as the rrqrner't, and the
BOARD oF couNTY @MMrssroNERS oF GARFTELD couNTy, coLoRADo, hereinafterreferred to as the rrCountytr, WITNESSETH:
WHEREAS, owner is the oldner of certain real property located in GarfieldCounty, Colorado, more particularly described on the final plat for TheMitchell Creek project, Filing No. lr which is filed on even date herewithrwhich real property is now known as "The llitchell Creek project, Filing No. I,,hereinafter referred to as the ',property"; and
WHEREAS, as a condition of approval of the final plat (hereinafterreferred to as the I'Plat") for the Property, Orner wishes to enter into thisSubdivision rmprovements Agreement (hereinafter referred to as ,Agreementr)
with the County; and
WHEREA'S, the counLy has required and owner has agreed to provide securityor collateral sufficient in the judgment of the County to make reasonable pro-vision for completion of certain public improvements as set forth on ExhibitrrA" attached hereto and incorporated herein by this reference i and
WHEREAS, owner has agreed to execute and deliver a letter of credit to thecounty to secure and guarantee its performance of this Agreement and has agreedto certain restrictions regarding the issuance of buifding permits andcertificates of occupancy within the subdivision, all as more ful1y set forthhere inafter.
NoI'i, THEREFoRE, for and in consideration of the promises and the followingmutuar covenants and agreementsT the parties hereby agree as forrows:
1. O,vner's performance. On or before December I, 19g4, Otneragrees to construct and instatl, or to cause to be constructed and installed,at its sole expense, those public improvements set forth as items r. through 5.on Exhibit nAn attached hereto. owner agrees that arl of the pubricimprovements to be completed as identified on Exhibit trAr attached hereto shallbe constructed in compliance with the following:
a) A11 final plat documents submitted prior to or at the time offinal plat approval.
b) All laws of the United States, state of Colorado, and its vari-ous agencies, affected special districts, andr/or municipalitiesproviding utility services.
c) Such other designs, drawings, maps, specifications, sketches andother matter submitted to and approved by any of the abovestated governmental entities.
The county agrees that Provided such improvements are instalred in accordancewith this paragraph 1, then owner shall be deemed to have satisfied all termsand conditions of the zoning and subdivision lawsl resolutions and regulatio_ns,.Y reyu4s
:"t^::::t:.1u.1:':lI:,!"1"tado ,inc'r'udinsr-but not limited to, n"""irti""-ii.-Sz -776
u
adopted by the County on
adopted by the County on
and Resolution No. 8Z-Zt1
2' Cgst of rmprovements. rt is understood for purposes of thisagreement that the cost of arl of said pubric improvements is $ zra r474.oobased upon the engineering cost estimates set forth on Exhibit ,A,, whichamount the county finds reasonable and hereby approves and accepts. ornershall provide, on request of the @unty, written confirmation of such estimatesby orrner's engineering consultants and the public utilities furnishing suchimprovements.
3' security for rmorovements. on or before April 1, Igg4 ownershall deliver uffi isru.a uv a state or national bankinginstitution which is licensed to do business in the state of colorador in aform acceptabre to the countyr which acceptance shall not be unreasonabry with-held. The amount of said letter of credit shall be equal to t,he,,rrotaloonstruction costs" of $ 2L4,474.00, prus an inflation adjustment, as providedfor in Paragraph 4 below. rn the event owner fails to deliver said letter ofcredit by April 1, 1994, then the prat may be vacated by the county and
Reception I{c.
,
Drrrlr( 6l-4 rrtf4tt
in such evenL all approvals of the Subdivision by the County shall be deemed to
have been withdrawn and rendered nuII and void by such vacation and all parties
shall be released from any further obligation hereunder. cont,emporaneously
with the execution of this Agreement, Owner has delivered its written consent
to said vacation in the event an acceptable letter of credit is not delivered
within the time providedi and this consent is binding u5rcn its successors and
assigns.
Upon Owner delivering to the County said letter of credit, Owner
shalI be entitled to sell lots. However, the County shall not be required to
issue building permits for any buildings constructed within the pUD until such
time as all improvements have been accepted by the County, which acceptanceshall not be unreasonably withheld, provided that in the event weather or other
factors beyond the reasonable control of Otner delay the installation of sur-face paving, such delay sha1l not prevent the issuance of building permits so
long as the letter of credit remains in fult force and effect.
Upon receipt from Orner of its certification that the public
improvements set forth on Exhibit rrArt have been completed and paid for, the
County shall return to Owner the letter of credit marked "satisfied in full"
and shall acknowledge that aI1 improvements have been completed in a satis-
factory manner and shall otherwise release the aforesaid letter of credit, in
recordable form if reguesLed by O,vner.
The CountY maYr at its option, permit Owner to substitute other
collateral acceptable to the County for the collateral originally given by
Olener to secure the completion of the improvements as hereinabove provided.
4. Inflation Adiustment,. As provided in paragraph 3 aboveT the
amount of collateral shall be adjusted on an annual basis for inflation. IOt
shall be added to the base amount of the collateral and the total thereof shall
be the adjusted amount of collateral. The parties hereby agree that a new
letEer of crediL will be issued which will equal the amount of the adjusted
amount of collateral.
5. Notice of Deficiencies. If the County determines that the
improvements within any phase are not constructed in compliance with the speci-ficat,ions therefor, it shall furnish a written list of specific deficiencies toOwner. If the deficiencies have not been correctedr or if satisfactory
arrangements have not been made to correct such deficiencies, within thirty(30) days after the list is furnished, the County may draw on the letter ofcredit such funds as may be necessary to complete the construction of the
improvements in accordance with such specificiations.
6. Construction of Improvements. The owner shal1 not begin
construction of public improvements until the above letter of credit is inplace. Paving of the street improvements reguired to be completed by Ownershall not be done until aII utility lines to be placed in or under the streets
have been completely installed.
7. Enforcement. In addition to any rights which may be provided by
Colorado statutel it is mutually agreed that, the County or any purchaser of alot or unit within the subdivision sha1l have Lhe authority to bring an actionin the District Court of Garfield County, Colorado, to compel the enforcementof this Agreement. Such authority shall include the right to compel rescissionof any sa1e7 conveyance, or transfer of any lot or unit contrary to the provi-
sions of this Agreement, or as set forth on the Plat of the subdivision, or in
any seParate recorded instrument. Any such action shall be commenced prior tothe issuance of a building permit by the County for such lot or unit; and in
the event no such action is so commencedr then the County and any purchaser
shall be deemed to have waived their rights and authority herein provided, asto those lots on which building permits have been issued.
8. Approval of Plat. The County agrees to approval of the PIatsubject to the terms and conditions of this Agreement.
9. Amendment. This
provided that such amendment be
Agreement may be amended
in writing and signed by
from time to time,
the parties hereto.
covenant running with
the rights and obliga-
to the benefit of
10. Bindinq Effect. This Agreement shall be athe title to each lot or unit within the suMivision and
tions as contained herein shall be binding upon and inure
Ownerr its successors and assigns.
-2-
1ot( 614 prcr48g
BOARD OF COUNTY
GARFIELD @UNTY,
COMMISSIONERS
COIPRADO
a'-/ '|
4--e<_
Attest:
MITCHELT CREEK, LTD., a Colorado
limited partnership
nton, -PresidentSecretary
Attest:
-3-
. .-i\ri \,- /- {*(, r r\//,-
Deputy Clerk to the
Work Description
CREEKS IDE CYOURT
Excavation & embankment
Base course material
Asphalt paving
(6) Culverts (drainage adebris flow)
5r high retaining wal1s
Over lot & debris flow
grading
Revegetation
SANITARY SEWER
-
8" sewer main
(22) service laterals(7) manholes
WATER SERVICE
8" water mains
(22) service laterals(3) hydrants
(3) 8" gate valves(I) t^ret tap
Fittings
PARK AI{D LANDSCAPING.
Cinder paths
(2) bridges
Bus stop shelter
Steps
Clearing
Shaping
Revegetation
PUBL]C UTILITIES
EIectricar iETrl"e(2) street 1ights
Natural gas service
Telephone service
Units
1,500 c.Y.
2,900 tons
440 tons
L. S.
440 L.F.
L. S.
L. S.
1,448 L.F.
each
each
I,553 L.F.
each
each
each
each
L. S.
700 L.F.
L. S.
L. S.
L. S.
L. S.
L. S.
each
L. S.
L. S.
TOTAL ESTIMATE
BBo( 614 plci4go
Construction
Cost
$ 18, ooo. oo
29, 000. 00
18, 000. 00
25, 000. 00
11,000.00
8,000.00
r, 50 0. 00
$111, 500. 00
$ 16,000.00
3, 74 0. 00
9,r00.00
$ 28,840. oo
$ 21,354.00
5,500. 00
2, 400. 00
1,380. 00
1, 500. 00
r, 000. 00
$ 33,134.00
EXHIBIT A
10 THE SUBDIVISION IIVIPROVEMENTS AGREEIIIENT
THE MITCHELL CREEK PROJECT, FILING NO. 1
I.
Unit Costs
$12.00
$10. 00
$40. 00
$2s. 00
$1r. 2 s
$170.00
$1, 300. 00
$13. 7s
$2s0. 00
$800. 00
$460. 00
$1, 5oo. oo
2.
3.
4.
5.
$2.00 $ I,400. oo
&<isting
900. 00
1,600.00
nx isting
1,000.00
s00. 00$ 5,4oo. oo
fi 23,000. oo$800.00 I, GOo. oo
6, 000. 00
5,000.00
$ 36-, Goo. oo
$2L4 , 47 4. OO
MITCHELL CREEK, LTD., a Coloradolimited partnership
By MTTCHELL CREEK CpRPoRATIoN,a Colorado corporation* / rt'il,Harotd G. Denron, prEEffi /
ir.,>
1
NiTi(\f,1
I
8d, E,t 6 y'a,
//mPz{ 5r*,?* b/on/'D
6//az
RE[:E$VH,D
DEC z',i 198?
GAIIFiELi)
C0Ui\iIY fiT i0lii'i r-'i
CONSENT TO VACATION OF PLAT
Mitchell Creekr Ltd.r d Colorado limited partnership, as the owner of
certain real property located in Garfield county, colorado and more
particularly described in Exhibit "A" attached hereto and incorporated herein
by this referencer and pursuant to the Subclivision Improvements Agreement dated
ttovember / , Lg82, between Mitchert creek, Ltd. , and the Board of county
@mmissioners of Garfield County2 Colorado, which Agreement provides inter alia
that if a letter of credit issued by a state or national banking institution or
other reputable lending agency for the construction of subdivision improvements
in a form acceptable to Garfield County has not been delivered on or before
APril 1, 1984, the subdivision plat of the l"litchell Creek project may be
vacated in its entirety, by this instrument deriverea lo the county of
Garfield, hereby consents to the filing of such instruments of vacation that
the County may deem proper or advisable upon the failure of said condition.
Dared tfirllfLy of Novemberr LeB2.
Mitchell Creek r Ltd. r a Colorado
ationrBy Mi
a
By
partner ship
11 Creek Corl
County of Garfield, State of
Cha irman,rd of County
Commissi
County
ATTEST:
s of Garfield
Colorado
/-))-Eyzz" _
Secretary SecreEary
I imi
EXHIBIT I'ArI
LEGAL DESCRIpTIOI.!
. TIIE I.IITCHELL CREI]K PROJECT
FILTNG }]O. I
A parcel of land located in the Southwest One-euarter ofthe Southwest one-euarter (Shrk, SI{k) of Section 34 , Township 5South, Range 89 West of Lhe Sixth Principal Meridian, Garfieldcounty, colorado accorciing to the Extension Survey of saidTownship and Range as approved by the u. s. supervisor of surveysin Denver, colorado on Decernber 1, 19 30; said p..cet being moreparti cularly describeC as f o1l-orvs, to wit:
Reqinning at a point on the \lortlrerly Right-of-tr'ay BounrlaryLine of Garfield County Roa<l No- 130 from which the southwestcorner of said section 34 bears s.87"40'55"w. i30.23 feet dis-tant; thence departing said Northerly Line N.06o43'45"1{. }55.88f eet; thence N.69 "37'2B"Il. 45.15 feet to a point on the EasterryBank of l'litche11 creek', as it now exists; thence along saidEasterly Bank the following eleven (r1) courses:
N - 20 "20 ' 39 "l{. 10 7. 7I f eetN.44o55'39"1{- 108.71 feet
N. 72 " 49 '59 "I{. 72.6 4 f eet
N.62"10'54"W. 57.11 feet
N. 40 "00'00"I^I. 225.0O feet
N. 13"00'32"1{. 249.61 feetN.1B"12'27"8. I08.45 feet:,1.11"43'43"ht. 74_45 feetN.16"09'57"E. 63.68 feetN-09"25'53"1{. 4-1 .44 feetN.22"32'07"E. IlZ.7I feet
thence departing saic Easterry Bank s.9o"0o'00"E- g75.65 feetto a point on the East Line of said Sl{t,srvt of section 34;thence along saic East Line s.0r"og'57"E. r253. 85 feet to apoint on the Northerly Right-of-Iday Boundary Line of GarfieLclcounty Road 1rto. 130; thence along said Northerry Boundary Linethe following two (2) courses:
1)
2)
9
10
11
6)
7)
B)
3
4
5
1)
2)
S. 89"47' 32"1{. 339. Bl fect
S. 89"50'00"I{. 245.00 fcet
to the point of ):eoinning.
said parcer contains 23.820 acres, more or less.
Excepting therefrom, however, Gdsements andfor roads, ditches, and uti-tities of record or as
rights-of-way
same exist.
AGREEMENT
THIS AGRBEI,IENT, Entered into this M4^, of 4?^/
1984, by and between the Reynolds and Cain Ditch Company, a Colorado
non-profit corporation (hereinafter referred to as "Ditch Company" ),
Mitchell Creek, Ltd., a Colorado limited partnership (hereinafter
ref erred to as "I"Iitchell Creek, Ltd. " ) , and the Mitchell Creek
Homeownersr Association, Inc.7 a Colorado non-profit corporation
(hereinafter referred to as the "Homeowners Association" ).
WITNESSETH:
WHEREAS, Mitchell Creek, Ltd. is the developer and owner of the
development known as the Mitchell Creek Project Filing No.1
(hereinafter referred to as the "Development" ) as the same is shown on
the Final Plat thereof recorded as Reception No. j:=e{,} in the records
of the Clerk and Recorder of Garfield County, Colorado as described on
Exhibit A attached hereto and incorporated herein by this reference
(hereinafter referred to as the "Final PIat" ); and
WHEREAS, the Homeowners Association is the Homeowners
Association duly organized and existing for the maintenance of common
areas and other activities for the benefit of alI of the homeowners
within the Development; ancl
WHEREAS, the Ditch Company is the owner of all water rights,
ditch rights and easements used with or appurtenant to the Reynolds
and Cain Ditch (hereinafter referred to as the "Ditch" ) which diverts
water from Mitchell Creek and which water rights were adjudicated on
May 11r 1889, for 5 cubic feet per second of time within an
appropriation date of April 19, 1883, as Priority No. 8 in former Water
District No- 39i and
WHEREAS, said Ditch is located within and flows through the
Development as shown on the Final Plat; and
WHEREAS, Mitchell Creek, Ltd. desires to cross the Ditch with the
Road designated on the PIat as "Creekside Court" and to place the Ditch
within an inverted syphon under the Road; and
WHEREAS, the parties desire to determine and resolve their
relative rights ancl obligations with respect to the maintenance and
operation of the Ditch.
NOW, THEREFORE, for and in consideration of the mutual promises
and covenants herein contained, the parties hereto agree as follows:
The Ditch Company hereby consents to Mitchell Creek, Ltd.
crossing the Reynolds and Cain Ditch with the road
designated as "Creekside Court' on the Final plat and to
place the Ditch within an inverted syphon crossing
underneath the Road in accordance with the details shown on
Sheet 4 of I3 of the Final Plat of theMitchell Creek Project
Filing No. 1 prepared by Johnson, Kunkel and Associates,
fnc. Job No. JK/AL/185 dated August 30, L982, revised
October 15, L982, subject to the following:
A. The diameter of the pipe sha1l remain at 30
inches.
B. The inlet structure sha1l incorporate a sediment
basin of at least 2 cubic yards in size and a spi1l
section to minimize damage in the event of overflow.
The inlet shall be designed so that any spi11 caused by
blockage of the inlet structure or any other cause
shall flow down Creekside Court to public surface
drainage systems.
C. The upstream inlet and ditch shall put a surcharge
head on the syphon of at least one foot.
D. Joints of the inverted syphon, if constructed of CMP,
shall be carefully fitted and made waterproof by
gaskets or other suitable means.
E. The overburden above the pipe shalI be 3 feet from the
top of the pipe to the top of the pavement of the road,
as shown on the drawings.
Mitche1I Creek, Ltd. and the Homeowners Association, their
successors and assigns, sha11 be solely responsible for the
perpetual maintenance of the Ditch from its existing point
of diversion on Mitchell Creek to the point of diversion on
Mitbhell Creek to the point at which it leaves the property
described on Exhibit A. The Ditch Company, its. successors
and assigns, utilizing water below the point at which the
Ditch leaves the property described on Exhibit A shalr be
2.
4.
Mitchell Creek, Lld. and the Homeowners Association shall
do so within seven days from the date of notice is given by
the Ditch Company to Mitchell Creek, Ltd. and the
Homeowners Association that the Ditch Company desires to
have the Ditch ready and able to take deliveries of water
for irrigation purposes. Any other maintenance
activities shall be completed by Mitchell Creek, Ltd. and
the Homeowners Association as needed, but in any event,
within 24 hours of notice by the Ditch Company to Mitchell
Creek, Ltd. and Lhe Homeowners Association. If at any
time, Mitchell Creek, Ltd. and the Homeowners Association
do not undertake their maintenance obligations as provided
hereunder, or in the event of any emergency blockage,
overflow or other occurrence in the Di.tch, the Ditch
Company shall have the right to undertake such activities
to remedy such emergency situation and Mitchell Creek and
the Homeowners Association shall be liable for all direct
damages, conseguential damages and costs incident thereto
including aII costs of labor and material.
Mitchell Creek, Ltd. and the Homeowners Association shall
maintain liability insurance covering its obligations
hereunder, including coverage for liability to third
parties for breakage, overflow and other occurrences in
connection with that portion of the Ditch to be maintained
by Mitchell Creek, Ltd. and the Homeowners Association.
Such policies shall be carried with reasonable limits.
A11 liabitity related to the maintenance (but not the
operation or for any capital improvements as herein
provided ) of that portion of the Ditch extending from the
point of diversion on Mitchell Creek to the point at which
the Ditch leaves the property described on Exhibit A sha1I
be the full responsibility of Mitchell creek, Ltd. and the
Homeowners Association, and said parties hereby release
and agree to defend and hold forever harmless the Ditch
company from any further Iiability related to the
maintenance of said portion of the Ditch
5.
6.
The Homeowners AssociatiOn Shall establish a general
account and maintain an adequate balance for maintenance of
the ditch. To begin with this balance shaIl be $500'00 but
may be adjusted in relationship to need'
l,titchell creek, Ltd., the Homeowners Association and aI1
personsandlotownerswithrnthedevelopmentshallnot
make any modificaton to or alieration of the Ditch or place
any debris or material whatsoever into the Ditch nor shall
anypersonorlotownerwithinthedevelopmenttakeoruse
water from the Ditch without the express written permission
of the Ditch company. This is in no way intended to limit
individual Iot owners wanting to landscape or beautify the
area around the Ditch, with the understanding that
improvements should not interfere with the Ditch company's
use of its easement and maintenance of the Ditchrand that
repairs and maintenance may damage Iandscaping and
beauti fication.
Mitchell creek, Ltd. and the Homeowners Association shall
andherebydograntandconveytotheDitchCompanyan
easement 10 feet on either side of the Ditch as described on
theFinalPlatrwhicheasementshallbeforaccess'
construction, operation, maintenance' improvement and
replacementpurposesfortheDitch,intakefacilitiesand
the syohon. Lot owners within the development shall have
the right to use said easement in common with the Ditch
company so long as said use does not impair the ability of
Mitchell creek, Ltd., the Homeowners Associaton or the
DitchCompanytoexercisetheirmaintenance,operationand
otherresponsibilitiesascontainedwithinthesCopeof
saideasementandasprovidedforj-nthisAgreement.The
DitchCompanyshallnotberesponsibletoanyPersonorlot
ohrner within the development for any damage or
inconveniencerelatedtoitsactivitiesunderits
easement.Specifically,butnotbywayoflimitation,the
paritesrecognizethatifitisnecessarytoremovethe
syphon for repair, replacement or to clear a blockage
7.
8.
within the syphon that access to the development may be
impaired or be made impossible. The parties recognize
that reasonable efforts will be made to maintain access to
the Development.
Mitchell Creek, Ltd., the Homeowners Association, their
successors and assigns, hereby indemnify and hold the Ditch
Company harmles from any damages relating to breakage or
overflow of the Ditch, which damages are caused by
increased run-off over and above that which historically
has occurred prior to the development of the Mitchell Creek
Project.
This Agreement shall be a covenant runnj-ng with all the
property presently owned by the parties, a_nd not presently
under contractrwithin the Mitchell Creek Project Filing
No. 1 for the benefit of the water rightsr €ssements and
real property owned by the Ditch Company and its
shareholders
fn the event of the default by any party hereto of any of its
obligations hereunder, the non-defaulting party at its
option shall be entitled to:
A. Obtain specific performance of this Agreement;
and/or
B. Maintain an action in damages and upon the successful
completion of any such action ( for specific
performance or damages ) shatl be entitled to costs and
reasonable attorneyr s fees incurred in the
enforcement hereof
Mitchell Creek, Ltd. sha1}, within thirty days from the
date of this Agreement, reimburse the Ditch Company for up
to $350.00 in engineering fees and $1,000.00 in attorney
fees incurred in the preparation of this Agreement.
This Agreement shall be binding upon and inure to the
benefit of the parties hereto and their successors and
assigns. Such assignment shalI not relieve individual lot
owners of liability hereunderrit being the iirtent of the
parties that the liability of the Homeowners Association,
9.
r0.
1r.
12.
Mitchell Creek, ,Ltd. and individual lot owners shall be
joint and several.
13. Any notices required or provided for by this Agreement
shaIl be sent registered or first class mail, postage
prepaid, or may be made personally, and all notices shalI be
effective upon receipt thereof. Notices shall be sent to
the address as set forth opposite the signatures hereto.
WHEREFORE, the parties hereto have set their hands and seals as
of the day and year below written.
REYNOLDS AND CAIN DITCH COMPANY,
A Colorado Non-Profit Corporation
Reynolds a Cain Ditch
c/o 2l-4 Center Drive
Glenwood Springs, CO
Co.
8I6 01
ATTEST:
't_ /-i- I
,y'-' -t.4-('j n, ,../
Mitchell Creek, Ltd.
817 Colorado Ave., Suite 105
Glenwood Springs, CO 81601
ration
Mitchell Creek Homeowners I
Association, Inc.
817 Colorado Avenue, Suite 1
Glenwood Springs, CO 81601
ATTEST:
MITCHELL CREEK HOMWEOWERSI
ASSOCIATION, INC., a Colorado
05
Non-Prof ,/ "".r"rat ion
,
Presiden FlrYg D t.Epto
ATTEST:
etd-ry
MITCHELL
A Colora
REEK, LTD.
o l,imited Par
ntoh, President
itchell Creek CorPoration
General Partner of l"litche1l
Creek, Ltd.
Secretary,
Mitchell Creek Cor
Secretary
,///ro//,',,
President
STATE OF COLORADO
COUNTY OF
ss.
ss.
^raLThe.f^oregoing instrument was acknowledge^d before ure this-Zf day
ot 4tz-.J2 - - , L984, av Fl-o{P PIEWOZ ,, President of the
neyffi company and ,$r{r&. &/"-.. / , Secretary of
the Reynolds Cain Ditch Company.
Witness my hand and official seal.
My commission expires:
[,ly Commission Expires Dec. 2, l9g7
STATE OF COLORADO
COUNTY OF
T\p f olqoing instrument was acknowledge,J bef ore ne thi|?fray
of C(/4-L;( , 1984, by Haro1d G. Denton, President of the
Mitmtion,Genera1PartnerofMitche1lCreek,Ltd.,
and SeBJa na / - 74r/ /ev_, Secretary of the Mitchell Creek
Corpora/. v)1n,, General Partner of Mitchell Creek, Ltd.,
Witnegs my hand and official seal.
My commission expires:
hly Commission Erpiro Doo. 2, 1987
STATE OF COLORADO
Land Till: Gu;r:nico CcmPanY'
817 Colcradc Ave. ' SL:ite 106
Glenwcod SPrirlgs, CO 81601
ss.
egoing instrument was
, L984, by
Creek Home
, Secretary of the Mitchell Creek Homeowners I
onr Inc
Witness my hand and official seal.
My commission expires:
liy Commission Expires Dcc. 2, 1987
Land Ti:!a Gurroi:tee Company
817 Colcradc A're. . Suitc 106
Glcnlood Springs, CO Bi601
of
of
Lancl Tiil: Guarantee CcmPanY'-rri C"',"cc Avc' ' Suite 106
"Aun*ooO Springs' CO 81601
, President
Inc. and
a
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Association,