HomeMy WebLinkAbout21.02 Draft Subdivision Improvements AgreementSUBDIVISION IMPROVEMENTS AGREEMENT
PHASE I SPRING VALLEY RANCH SUBDIVISION
LOCATED WITHIN THE SPRING VALLEY RANCH P.U.D.
THIS SUBDIVISION IMPROVEMENTS AGREEMENT ("SIA") is made and
entered into this day of , 2010, by and between SPRING
VALLEY HOLDINGS, LLC, a Delaware Limited Liability Company ("Owner") and the
BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO,
acting for the County of Garfield, State of Colorado, as a body politic and corporate,
directly or through its authorized representatives and agents ("BOCC").
Recitals
A. Owner is the owner and developer of the Spring Valley Ranch P.U.D. (the
"P.U.D.Subdivision"), a portion of which property is depicted on the Phase I Final Plat
of the Spring Valley Ranch Subdivision ("Subdivision" or "Final Plat"). The real
property subject to this SIA is described in the Final Plat recorded at Reception Number
of the real estate records of Garfield County, Colorado and incorporated by
this reference.
B. On April 21, 2008, the BOCC, by Resolution No. 2008-55, recorded as
Reception No. 747015 of the real estate records of Garfield County, Colorado, and as
corrected by Resolution No. 2010-_, recorded as Reception No. of the real
estate records of Garfield County, Colorado, and incorporated herein by this reference,
approved a planned unit development re -zoning application for Spring Valley Ranch
P.U.D. ("P.U.D. Approval").
C. On April 21, 2008, the BOCC, by Resolution No. 2008-56, recorded as
Reception No. 747016 of the real estate records of Garfield County, Colorado and
incorporated herein by this reference, approved a preliminary plan for the sSubdivision of
the P.U.D. which, among other things, would create 577 dwelling units and golf course,
open space/common area and utility parcels ("Preliminary Plan Approval").
D. Certain of the conditions of approval contained in the P.U.D. Approval and
the Preliminary Plan Approval are applicable to the approval and construction of
improvements necessary for development of Phase 1 of the SubdivisienP.U.D. as
depicted on the Final Plat, while other conditions of approval are applicable to later
phases of the P.U.D.- A description of said conditions is set forth in Exhibit
A attached hereto and incorporated herein by this reference. The conditions of approval
applicable to the development of Phase 1 of the SubdivisienP.U.D. as depicted on the
Final Plat, and this SIA, are referred to herein as the "Applicable Conditions of
Approval."
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E. As a condition precedent to the approval of the Final Plat submitted to the
BOCC for approval as required by the laws of the State of Colorado and by the Garfield
County Unified Land Use Resolution of 2008, Owner wishes to enter into this SIA with
the BOCC.
F. Owner has agreed to execute and deliver a letter of credit or other security in a
form satisfactory to the BOCC to secure and guarantee Owner's performance under the
Applicable Conditions of Approval and has agreed to certain restrictions and conditions
regarding the sale of properties and issuance of building permits and certificates of
occupancy within the Final Plat, all as more fully set forth below.
G. Owner represents that at the time of recording this SIA all taxes and
assessments upon all parcels of real estate described in this SIA are paid in full.
NOW, THEREFORE, in consideration of the mutual covenants and promises
contained herein, the BOCC and Owner ("Parties") agree as follows:
Agreement
1. FINAL PLAT APPROVAL. The BOCC hereby accepts and approves the
Final Plat, on the date set forth above, subject to the terms and conditions of this SIA, the
Applicable Conditions of Approval, and the requirements of the Garfield County Unified
Land Use Resolution of 2008 and any other governmental or quasi -governmental
regulations applicable to the SubdivisienP.U.D. ("Final Plat Approval"). This approval
authorizes construction and development within Phase I of the SubdivisienP.U.D., as
required by the Applicable Conditions of Approval. Development within future phases
shall require subsequent approval by the BOCC of subdivision final plats and associated
subdivision improvements agreements and other documents required for approval by the
BOCC of future phases. Recording of the Final Plat shall be in accordance with this SIA
and at the time prescribed herein.
2. OWNER'S PERFORMANCE AS TO IMPROVEMENTS.
a. Completion Date/Substantial Compliance. Owner shall cause to be constructed
and installed those subdivision improvements, identified in the Exhibits defined in
subparagraph 2.a.i., below ("Improvements"), at Owner's expense, including payment
of fees required by the County and/or other governmental and quasi -governmental
entities with regulatory jurisdiction over the SubdivisionP.U.D.. The Improvements shall
be completed on or before the end of the first full year following execution of this SIA,
i.e., December 31, 2011 ("Completion Date"), in substantial compliance with the
following:
i. Plans marked "Approved for Construction" for all Improvements, prepared by
Owner's professional engineer licensed in the State of Colorado ("Owner's
Engineer"), and submitted to the BOCC on or before , such
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plans being summarized in the list of drawings attached to and made a part of
this SIA by reference as Exhibit B; the estimated of cost of completion,
certified by and bearing the stamp of Owner's Engineer, attached to and made
a part of this SIA by reference as Exhibit C, which estimate shall include an
additional ten (10) percent of the total for contingencies; and all other
documentation required to be submitted along with the Final Plat under
pertinent sections of the Garfield County Unified Land Use Resolution of
2008 ("Final Plat Documents");
ii. All Applicable Conditions of Approval;
iii. All laws, regulations, orders, resolutions and requirements of Garfield County
and all special districts and any other governmental or quasi -governmental
authority(ies) with jurisdiction; and
iv. The provisions of this SIA.
b. Satisfaction of Subdivision Improvements Provisions. The BOCC agrees that
if all Improvements are constructed and installed in accordance with this paragraph 2; the
record drawings to be submitted upon completion of the Improvements as detailed in
paragraph 3.h., below; and all other requirements of this SIA, then the Owner shall be
deemed to have satisfied all terms and conditions of this SIA, the Final Plat Approval, the
Applicable Conditions of Approval, and the Garfield County Unified Land Use
Resolution of 2008, with respect to the construction and installation of the Improvements.
3. SECURITY FOR IMPROVEMENTS (EXCEPT REVEGETATION).
a. Improvements Letter of Credit and Substitute Collateral. As security for
Owner's obligation to complete the Improvements, Owner shall deliver to the BOCC, on
or before the date of recording of the Final Plat with the Garfield County Clerk and
Recorder, a Letter of Credit in the form attached as Exhibit D ("LOC"), or in a form
consistent with the Uniform Commercial Code, C.R.S. § 4-1-101 et. seq. and reasonably
acceptable to the BOCC. The LOC shall be in the amount of Two Hundred Sixty Six -
Thousand Seventy Four dollars and 55 cents ($266,074.55), representing the full
estimated cost of completing the Improvements and revegetation, including a sufficient
contingency to cover cost changes, unforeseen costs and other variables (not less than
10% of the estimated costs and as approved by the BOCC), as set forth and certified by
Owner's Engineer on Exhibit C, to guarantee completion of the Improvements. The
LOC shall be valid for a minimum of six (6) months beyond the Completion Date for the
Improvements set forth in Paragraph 2.a. above. The BOCC, at its sole option, may
permit the Owner to substitute collateral other than a LOC, in a form acceptable to the
BOCC, for the purpose of securing the completion of the Improvements.
b. LOC Requirements and Plat Recording. The LOC shall be issued by a state or
national banking institution reasonably acceptable to the BOCC. If the institution issuing
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the LOC is not licensed in the State of Colorado and transacting business within the State
of Colorado, the LOC shall be "confirmed" within the meaning of the Uniform
Commercial Code, Letters of Credit, C.R.S. §4-5-101 et seq., as amended, by a bank that
is licensed to do business in the State of Colorado, doing business in Colorado, and
reasonably acceptable to the BOCC. The LOC shall state that presentation of drafts
drawn under the LOC shall be at an office of the issuer or confirmer located in the State
of Colorado. The Final Plat of the Subdivision shall not be recorded until the security
described in this Paragraph 3 and the security for the revegetation described in Paragraph
4, below, has been received and approved by the BOCC.
c. Extension of LOC Expiration Date. If the Completion Date, identified in
Paragraph 2.a., above, is extended by a written amendment to this SIA, the time period
for the validity of the LOC shall be similarly extended by the Owner. For each six (6)
month extension, at the sole option of the BOCC, the face amount of the LOC shall be
subject to re -certification by Owner's Engineer of the cost of completion and review by
the BOCC.
d. Unenforceable LOC. Should the LOC(s) become void or unenforceable for
any reason, including bankruptcy of the Owner or the financial institution issuing or
confirming the LOC, prior to the BOCC's approval of Owner's Engineer's certification
of completion of the Improvements, this SIA shall become void and of no force and
effect and the Final Plat shall be vacated pursuant to the terms of this SIA.
e. Partial Releases of Security. Owner may request partial release(s) of the LOC,
and shall do so by means of submission to the Building and Planning Department of a
"Written Request for Partial Release of LOC," in the form attached hereto and
incorporated herein by this reference as Exhibit E, accompanied by the Owner's
Engineer's stamped certificate of partial completion of improvements. The Owner's
Engineer's seal shall certify that the Improvements have been constructed in accordance
with the requirements of this SIA, including all Final Plat Documents and the Preliminary
Plan Approval. Owner may also request release for a portion of the security upon proof
that: i) Owner has a valid contract with a public utility company regulated by the
Colorado Public Utilities Commission obligating such company to install certain utility
lines; and ii) Owner has paid to the utility company the cost of installation as required by
the contract. The BOCC shall authorize successive releases of portions of the face
amount of the LOC as portions of the Improvements, dealt with in this Paragraph 3, are
certified as complete to the BOCC by the Owner's Engineer, Applicable Conditions of
Approval have been met, and both the certification and satisfaction of such requirements
have been approved by the BOCC.
f. BOCC's Investigation. Notwithstanding the foregoing, upon submission of the
Owner's Written Request for Partial Release of LOC, along with Owner's Engineer's
Certificate of partial completion of improvements, the BOCC may review the
certification and Applicable Conditions of Approval, and may inspect and review the
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Field Code
Improvements certified as complete to determine whether or not said Improvements have
been constructed in compliance with relevant specifications, as follows:
i. If no letter of potential deficiency is furnished to Owner by the BOCC within
fifteen (15) days of submission of Owner's Written Request for Partial
Release of LOC, accompanied by Owner's Engineer's certificate of partial
completion of improvements, all Improvements certified as complete shall be
deemed complete by the BOCC, and the BOCC shall authorize release of the
appropriate amount of security; provided that all Applicable Conditions of
Approval have been satisfied.
ii. If the BOCC chooses to inspect and determines that all or a portion of the
Improvements certified as complete are not in compliance with the relevant
specifications or the Applicable Conditions of Approval, the BOCC shall
deliver a letter of potential deficiency to the Owner, within fifteen business
(15) days of submission of Owner's Written Request for Partial Release of
LOC.
iii. If the BOCC delivers a letter of potential deficiency identifying a portion of
the certified Improvements as potentially deficient and there are no
outstanding Applicable Conditions of Approval, then all Improvements not
identified as potentially deficient shall be deemed approved by the BOCC, and
the BOCC shall authorize release of the amount of security related to the
Improvements certified as complete and not identified as potentially deficient.
iv. With respect to Improvements identified as potentially deficient in a letter of
potential deficiency or Applicable Conditions of Approval that have not been
met, the BOCC shall have thirty (30) days from the date of the letter to
complete the initial investigation, begun under subparagraph 3.f.ii., above, and
provide written confirmation of the deficiency(ies) to the Owner.
v. If the BOCC finds that the Improvements are complete, in compliance with
the relevant specifications and that all Applicable Conditions of Approval
have been met, then the BOCC shall authorize the appropriate amount of
security for release within ten (10) days after completion of such
investigation.
g. BOCC Completion of Improvements and Other Remedies. If the BOCC finds,
within the thirty (30) day period of time defined in subparagraph 3.f.iv. above, that the
Improvements are not complete, or if the BOCC determines that the Owner will not or
cannot construct any or all of the Improvements, whether or not Owner has submitted a
written request for release of LOC, or that the Applicable Conditions of Approval have
not been met, the BOCC may withdraw and employ from the LOC such funds as may be
necessary to construct the Improvements in accordance with the specifications or to
satisfy the Applicable Conditions of Approval, up to the face amount or remaining face
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amount of the LOC. In such event, the BOCC shall make a written finding regarding
Owner's failure to comply with this SIA or Applicable Conditions of Approval prior to
requesting payment from the LOC, in accordance with the provisions of Article XIII of
the Garfield County Unified Land Use Resolution of 2008. In lieu of or in addition to
drawing on the LOC, the BOCC may bring an action for injunctive relief or damages for
the Owner's failure to adhere to the provisions of this SIA regarding Improvements and
satisfaction of the Applicable Conditions of Approval. The BOCC shall provide the
Owner a reasonable time to cure any identified deficiency(ies) prior to requesting
payment from the LOC or filing a civil action.
h. Final Release of Security. Upon completion of all Improvements and
satisfaction of Applicable Conditions of Approval other than revegetation, Owner shall
submit to the BOCC, through the Building and Planning Department: 1) record drawings
bearing the stamp of Owner's Engineer certifying that all on-site and off-site
Improvements have been constructed in accordance with the requirements of this SIA,
including all Final Plat Documents and the Applicable Conditions of Approval, in hard
copy and a digital format reasonably acceptable to the BOCC; 2) copies of instruments
conveying real property and other interests which Owner is obligated to convey to the
Homeowners' Association of the SubdivisienP.U.D. or any statutory special district or
other entity by the terms of this SIA; and 3) a Written Request for Final Release of LOC,
in the form attached to and incorporated herein as Exhibit F, along with Owner's
Engineer's Certificate of Final Completion of Improvements.
i. The BOCC shall authorize a final release of the LOC after the Improvements
are certified as final to the BOCC by the Owner's Engineer and said final
certification is approved by the BOCC. If the BOCC finds that the
Improvements are complete, in accordance with the relevant specifications
and the Applicable Conditions of Approval have been met, the BOCC shall
authorize release of the final amount of security, within ten (10) business days
following submission of the Owner's Written Request for Final Release of
LOC accompanied by the other documents required by this paragraph 3.h.
ii. Notwithstanding the foregoing, upon Owner's Written Request for Final
Release of LOC accompanied by Owner's Engineer's certificate of final
completion of improvements, the BOCC may inspect and review the
Improvements certified as complete. If the BOCC does so review and inspect,
the process contained in paragraph 3.f. above shall be followed.
iii. If the BOCC finds that the Improvements are complete, in accordance with
the relevant specifications and all Applicable Conditions of Approval have
been satisfied, the BOCC shall authorize release of the final amount of
security within ten (10) days after completion of such investigation.
iv. If the BOCC finds that the Improvements are not complete, in accordance
with the relevant specifications, and/or that Applicable Conditions of
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Approval have not been satisfied, the BOCC may complete remaining
Improvements and satisfy unsatisfied Applicable Conditions of Approval, or
institute court action in accordance with the process outlined in Paragraph
3.g., above.
4. SECURITY FOR REVEGETATION.
a. Revegetation LOC and Substitute Collateral. Four -Thousand Two -Hundred
Twenty Seven dollars ($4,227.00) of the face amount of the LOC shall be allocated to
revegetation of disturbed areas within the Subdivision ("Revegetation LOC"). The
Revegetation LOC shall be valid for a minimum of two (2) years following recording of
the Final Plat. The BOCC, at its sole option, may permit the Owner to substitute
collateral other than a letter of credit, in a form reasonably acceptable to the BOCC, for
the purpose of securing the completion of revegetation.
b. Revegetation LOC General Provisions. The provisions of Paragraphs 3.b.,
3.c., and 3.d., above, dealing with Letter of Credit requirements, extension of expiration
dates, increase in face amounts, and plat recording shall apply to the Revegetation LOC.
c. Revegetation Review and Notice of Deficiency. Upon establishment of
vegetation, the Owner shall request review of the revegetation work by the Garfield
County Vegetation Management Department, by telephone or in writing. Such review
shall be for the purpose of verification of success of revegetation and reclamation in
accordance with the Garfield County Weed Management Plan 2000, adopted by
Resolution No. 2002-94 and recorded in the Office of the Garfield County Clerk and
Recorder as Reception No. 580572, as amended, and the Revegetation/Reclamation Plan
for the Final Plat submitted as part of the Final Plat Documents. If the Vegetation
Management Department refuses approval and provides written notice of deficiency(ies),
the Owner shall cure such deficiencies by further revegetation efforts, approved by the
Vegetation Management Department, as such may be instituted within the two (2) years
following recording of the Final Plat.
d. Single Request for Release of Revegetation LOC. Following receipt of written
approval of the Garfield County Vegetation Management Department, the Owner may
request release of the Revegetation LOC and shall do so by means of submission to the
BOCC, through the Building and Planning Department, of a Written Request for Release
of the Revegetation LOC, in the form attached to and incorporated herein by reference as
Exhibit G along with certification of completion by the Owner, or Owner's agent with
knowledge, and a copy of the written approval of the Vegetation Management
Department. It is specifically understood by the parties that the Revegetation LOC is not
subject to successive partial releases, as authorized in paragraph 3.e., above. Further, the
Revegetation LOC and the BOCC's associated rights to withdraw funds and bring a court
action may survive final release of the LOC securing other Improvements, defined in
paragraph 3.a., above.
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e. BOCC's Completion of Revegetation and Other Remedies. If Owner's
revegetation efforts are deemed by the BOCC unsuccessful, based on the
recommendation of the Vegetation Management Department and information submitted
by the Owner, or if the BOCC determines that the Owner will not or cannot complete
revegetation, the BOCC may withdraw and employ from the Revegetation LOC such
funds as may be necessary to carry out the revegetation work, up to the amount of
Revegetation LOC. In lieu of or in addition to drawing on the Revegetation LOC, the
BOCC may bring an action for injunctive relief or damages for the Owner's failure to
adhere to the provisions of this SIA related to revegetation. The BOCC shall provide the
Owner a reasonable time to cure any identified deficiency prior to requesting payment
from the Revegetation LOC or filing a civil action.
5. PRIVATE ROADS AND ACCESS FOR EMERGENCY SERVICE
PROVIDERS. All roads within the Subdivision shall be set apart and conveyed to the
Landis Creek Metropolitan District No. 1, subject to public easements for ingress and
egress by emergency service providers. The Landis Creek Metropolitan District No. 1
shall be solely responsible for the maintenance, repair and upkeep of said roads,
including the traveled surface of the roadways and areas outside of the traveled surface.
The BOCC shall not be obligated to maintain road rights-of-way within the Subdivision.
Existence of roads shall be noted on the Final Plat, and deeds of conveyance to the
Landis Creek Metropolitan District No. 1 shall be recorded at the time of Final Plat
Approval or shall be held in escrow under terms of paragraph 7, below.
6. PUBLIC UTILITY RIGHTS OF WAY. Whether or not utility asements
ated by the Owner and accepted by the BOCC, on
and Right of Way use Regulations, recorded as Reception No. 643477, in the records of
the Garfield County Clerk and Recorder, as amended, and shall be identified in deeds
conveying private roads to the Landis Creek Metropolitan District No. 1. The Landis
Creek Metropolitan District No. 1 shall be solely responsible for the maintenance, repair
and upkeep of said public utility asements, unless otherwise agreed to with the public
required conveyance documents. PUBLIC UTILITY RIGHTS -OF -
not utility easements exist elsewhere in the Subdivision, al
Subdivision shall contain easements for installat
utility easements not within co
by recorded instrument to th
Homeowner's Association o
hether or
rights-of-way within the
nd maintenance of utilities. Public
d a 1 be depicted on the Final Plat and deeded
for the benefit of public utility providers. The
Subdivision shall be solely responsible for the
maintenance, repair and upkeep of said public utility easements, unless otherwise agreed
to with the public utility company(ies). The BOCC shall not be obligated for the
maintenance, repair and upkeep of any utility easement within the Subdivision. In the
event a utility company, whether publicly or privately owned, requires conveyance of the
easements dedicated on the face of the Final Plat by separate document, Owner (HOA)
shall execute and record the required conveyance documents. Any utility easement
within County road rights-of-way are subject to the Garfield County Road and Right -of -
Way Use Regulations, recorded as Reception No. 643477, in the records of the Garfield
County Clerk and Recorder, as amended.
7. CONVEYANCE OF OPEN SPACE. The common open space parcels
identified on the Final Plat shall be conveyed by Owner to the Homeowner's Association
at the time of Final Plat Approval. Owner shall deposit with the Garfield County Clerk
and Recorder executed originals of the instruments of conveyance for recordation
the Clerk and Recorder at the same time as the F'
shall execute and deliver such deeds into -escrow with Land Title Guarantee Company,
Glenwood Springs, Colorado, pursuant to the terms and co
Escrow Agreement within a reasonable time following mutual execution of this SIA, but
need not record such instrument. The Escrow Agreement shall provide:
of the Owner in this SIA has been completed and approved as complete by
stating that Owner has failed to comply with the terms and conditions of
D:- ,... -
extended by amendment of this SIA; and
Recorder.
8. INDEMNITY. The Owner shall indemnify and hold the BOCC harmless and
defend the BOCC from all claims which may arise as a result of the Owner's installation
of the Improvements and any other agreement or obligation of Owner related to
development of the Subdivision required pursuant to this SIA. The Owner, however,
does not indemnify the BOCC for claims made asserting that the standards imposed by
the BOCC are improper or the cause of the injury asserted, or from claims which may
arise from the negligent acts or omissions of the BOCC or its employees. The BOCC
shall notify the Owner of the BOCC' s receipt of a notice of claim or a notice of intent to
sue, and the BOCC 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 BOCC's rights under this paragraph. Nothing in this paragraph shall be construed to
constitute a waiver of the governmental immunity granted to the BOCC by Colorado
statutes and case law.
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Study Area No. . But for the provisions of this paragraph, the Owner would
be obligated to pay Road Impact Fees in ac
improvements specified in Exhibit A. However, such improvements are not required aJ
10. FEES IN LIEU OF DEDICATION OF SCHOOL LAND. For future
new dwelling units will be constructed as part of Phase 1, no fee in licu of dedication of
9-14. SALE OF LOTS. No lots, tracts, or parcels within the Subdivision may be
separately conveyed prior to recording of the Final Plat in the records of the Garfield
County Clerk and Recorder.
1012. BUILDING PERMITS AND CERTIFICATES OF OCCUPANCY. As
one remedy for breach of this SIA, including failure to satisfy the Applicable Conditions
of Approval, the BOCC may withhold issuance of building permits for any residence or
other habitable structure requiring a permit to be constructed within the Subdivision. No
certificates of occupancy shall issue for any habitable buildings or structures, including
residences, within the Subdivision until all Improvements except revegetation have been
completed and are operational and all Applicable Conditions of Approval have been
satisfied as required by this SIA.
1144. CONSENT TO VACATE PLAT. In the event the Owner fails to comply
with the terms of this SIA, the BOCC shall have the ability to vacate the Final Plat as it
pertains to any lots for which building permits have not been issued. As to lots for which
building permits have been issued, the plat shall not be vacated and shall remain valid. In
such event, the Owner shall provide the BOCC a plat, suitable for recording, showing the
location by surveyed legal description of any portion of the Final Plat so vacated by
action of the BOCC. If such a plat is not signed by the BOCC and recorded, or if such a
plat is not provided by the Owner, the BOCC may vacate the plat, or portions thereof, by
Resolution. It is specifically agreed that this paragraph 13 applies to the
Subdiv .U.D. as a multi -phased project and, therefore, in the event the BOCC
vacates the Final Plat as to the Subdivision, subject of this SIA, the BOCC may also
withhold approval of a final plat for a future phase if on-site or off-site Improvements,
including revegetation and the Applicable Conditions of Approval, covered by this SIA
are not completely installed and operable.
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1244. ENFORCEMENT. In addition to any rights provided by Colorado
statute, the withholding of building permits and certificates of occupancy provided for in
paragraph 12 above and the provisions for release of security, detailed in paragraph 3
above, it is mutually agreed by the BOCC and the Owner that the BOCC, without making
an election of remedies, or any purchaser of any lot within the Subdivision, shall have the
authority to bring an action in the Garfield County District Court to compel enforcement
of this SIA. Nothing in this SIA, however, shall be interpreted to require the BOCC to
bring an action for enforcement or to withhold permits or certificates or to withdraw
unused security, or to vacate the Final Plat or a portion thereof, nor shall this paragraph or
any other provision of this SIA be interpreted to permit the purchaser of a lot to file an
action against the BOCC. In addition, the BOCC may, but shall not be required to,
pursue any of its enforcement remedies, if applicable, pursuant to Article XII of the
Unified Land Use Resolution of 2008, as amended.
134-5. NOTICE BY RECORDATION. This SIA shall be recorded in the Office
of the Garfield County Clerk and Recorder and shall be a covenant running with title to
all lots, tracts, and parcels within the Final Plat. Such recording shall constitute notice to
prospective purchasers or other interested parties as to the terms and provisions of this
SIA.
144-6. SUCCESSORS AND ASSIGNS. The obligations and rights contained
herein shall be binding upon and inure to the benefit of the successors and assigns of the
Owner and the BOCC.
154-7. IDENTIFICATION OF CONTRACT ADMINISTRATORS AND
NOTICE PROVISIONS. The representatives of the Owner and BOCC, identified
below, are authorized as contract administrators and notice recipients. Notices required
or permitted by this SIA shall be in writing and shall be deemed effective upon the date
of delivery, or attempted delivery if delivery is refused. Delivery shall be made in
person, by certified mail receipt requested U.S. mail, receipted delivery service, facsimile
transmission, in all cases addressed to the authorized representatives of the BOCC and
the Owner at the address or facsimile number set forth below:
Owner: Daniel Goldberg
c/o Seligman Western Enterprises, Ltd.
600 Montgomery Street, 40th Floor
San Francisco, CA 94111
Fax:
BOCC: Board of County Commissioners
of Garfield County, Colorado
c/o Building and Planning Director
108 Eighth Street, Suite 401
Glenwood Springs, CO 81601
Fax: (970) 384-3470
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164-8. AMENDMENT AND SUBSTITUTION OF SECURITY. This SIA
may be modified from time to time, but only in writing signed by the parties hereto, as
their interests then appear. Any such amendment, including, by way of example,
extension of the Completion Date, substitution of the form of security, or approval of a
change in the identity of the security provider/issuer, shall be considered by the BOCC at
a scheduled public meeting. If such an amendment includes a change in the identity of
the provider/issuer of security, due to a conveyance of the Subdivision by the Owner to a
successor in interest, Owner shall provide a copy of the recorded assignment document(s)
to the BOCC, along with the original security instrument. Notwithstanding the
foregoing, the parties may change the identification of notice recipients and contract
administrators and the contact information, provided in paragraph 17 above, the
provisions of that paragraph and without formal amendment of this SIA and without
consideration at a BOCC meeting.
174-3. COUNTERPARTS. This SIA may be executed in counterparts, each of
which shall be deemed an original, and all of which, when taken together, shall be
deemed one and the same instrument.
1824. VENUE AND JURISDICTION. Venue and jurisdiction for any cause
arising out of or related to this SIA shall lie with the District Court of Garfield County,
Colorado, and this SIA shall be construed according to the laws of the State of Colorado.
IN WITNESS WHEREOF, the parties have signed this SIA to be effective upon
the date of Final Plat Approval for the Subdivision.
ATTEST:
Clerk to the Board
BOARD OF COUNTY
COMMISSIONERS OF
GARFIELD COUNTY, COLORADO
By:
Chairman
Date:
OWNER:
SPRING VALLEY HOLDINGS, LLC
a Delaware Limited Liability Company
By:
(Name and Title)
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Date:
Owner
13
STATE OF
COUNTY OF
) ss
Subscribed and sworn to before me by
an authorized representative of Spring Valley Holdings, LLC, a Delaware Limited
Liability Company, Owner of the Subdivision, this day of
, 2010.
WITNESS my hand and official seal.
My commission expires:
Notary Public
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EXHIBIT A
Description of Applicable Conditions of Approval
The following is a list of the conditions of approval contained in BOCC Resolution Nos.
2008-55 as corrected by Resolution No. 2010- (P.U.D. Approval) and Resolution No.
2008-56 (Preliminary Plan Approval), together with a description of whether and to what
extent such conditions of approval constitute requirements under this SIA for Phase 1, or
whether and to what extent such conditions of approval apply to subsequent phases.
Those conditions of approval that constitute requirements under this SIA for Phase 1
shall be "Applicable Conditions of Approval" as that term is used in this SIA.
Resolution No. 2008-55
1.0 The following conditions consolidate, amend, and restate as appropriate the
conditions contained in the various resolutions approving, extending or amending
the PUDP.U.D. for Spring Valley Ranch in Resolutions 2000-95, 2003-19, 2003-
99 and 2005-83. They supersede and replace all of the conditions of approval in
said resolutions, and the conditions of approval set forth in said resolutions shall
be null and of no further force or effect.
• This condition is a general condition applicable to all phases, but for purposes of
this SIA shall not be an Applicable Condition of Approval under this SIA.
2.0 All representations of the applicant, either within the application or stated at the
meeting before the Planning Commission or in the hearing before the Board of
County .Commissioners, shall be considered conditions of approval, including at a
minimum, but not limited to the following:
• This is a general condition applicable to all phases, but for purposes of this SIA
shall not be an Applicable Condition of Approval under this SIA.
3.0 The following conditions included in the letter received from Nick Adeh of NA
consulting dated June 13, 2000, are to be adhered to as a conditions of approval:
3.1
• This : <ition does not apply to Phase 1 Improvements and shall not be an
App cable Condition of Approval under this SIA. This condition will apply to
Ph.. e
3.2 he remaining segments of the CR 115 that are beyond the property
frontage must remain unpaved and rough as is.
Construct the west entrance to County standards as a paved road and stop
CR115 paving at this intersection.
15
• This condition does not apply to Phase 1 Improvements and shall not be an
Applicable Condition of Approval under this SIA. This condition will apply to all
future phases.
3.3 Install selective signage on CR 115 just west of the PUDP.U.D. to
discourage use of Red Canyon Road as an alternative access to State
Highway 82.
• This condition does not apply to Phase 1 Improvements and shall not be an
Appl b : Condition of Approval under this SIA. This condition will apply to
Pha
4.0 During construction, the applicant will be responsible for all dust mitigation
caused by the project on on-site and off-site roads.
• This shall be an Applicable Condition of Approval.
5.0 Access for out parcels shall be shown on the applicable final plats.
• This condition does not apply to Phase 1 Improvements and shall not be an
Applicable Condition of Approval under this SIA.
6.0 The monitoring plan for the best management practices shall be controlled/
implemented by the Home Owner's Association or another body capable of
managing the plan.
• This shall be an Applicable Condition of Approval. Upon inclusion of this
condition within the CC&Rs for the Project, this condition shall be deemed
satisfied.
7.0 All of the proposed Development Phasing Schedule be modified to require the
final platting of all phases within 15 years of the platting of the first phase and
that the completion of construction periods may be less as required by the
applicable subdivision improvements agreement.
• This is a general condition applicable to all phases, but for purposes of this SIA
shall not be an Applicable Condition of Approval under this SIA.
8.0 Based upon the representations of the applicant, accepting the provisions of the
letter of Mr. John R. Schenk, dated September 12, 2000, the following condition
is imposed:
8.1 The Covenants, Conditions and Restrictions (CCRs) for the Community
Housing component of the project shall provide that a Home Owners
Association will be the governing authority with all appropriate
16
enforcement powers for operation and control of the Community Housing
component.
• This condition does not apply to Phase 1 Improvements and shall not be an
Applicable Condition of Approval under this SIA.
9.0 Future use of additional wells (Gamba wells) requires the development of water
rights and well permits if required by the appropriate state agency.
• This condition does not apply to Phase 1 Improvements and shall not be an
Applicable Condition of Approval under this SIA.
10.0 All conditions of the Division of Water Resources shall be met. Those conditions
include but are not limited to: (1) the claimed water rights are dedicated to the
project, and (2) the plan for augmentation is operated according to decreed terms
and conditions.
• This shall be an Applicable Condition of Approval, as it applies to water rights
for the Sales Office/Entrance structure.
11.0 Available surface water supplies shall be used to their fullest extent to provide the
irrigation supply to the golf courses in order to minimize groundwater
withdrawals. A groundwater monitoring plan shall be developed to monitor
future water levels near the Spring Valley Ranch wells. The monitoring plan shall
include water level measurements in the production wells and other wells at the
PUDP.U.D. that can be used as monitoring holes. The monitoring plan shall
include measurements made with enough frequency to observe seasonal
groundwater fluctuations and long term groundwater trends. Results of the
monitoring program shall be available to the public.
• This condition does not apply to Phase 1 Improvements and shall not be an
Applicable Condition of Approval under this SIA.
There will be an additional monitoring well developed or identified that is
at least 2000 feet from the production wells. Either a new well or an off-
site well meeting those criteria could meet the criteria. All of the
monitoring reports will be available to the public.
• This condition does not apply to Phase 1 Improvements and shall not be an
Applicable Condition of Approval under this SIA.
12.0 The domestic water system must be constructed and operated in accordance with
the Colorado Department of Public Health and Environment regulations and
standards.
17
• This condition does not apply to Phase 1 Improvements and shall not he an
Applicable Condition of Approval under this SIA.
13.0 The Applicant shall comply with the following conditions relating to wildlife:
• This shall be an Applicable Condition of Approval. Except as noted below in
13.11, the following provisions shall be included within the CC&Rs for the
Project. Upon inclusion of conditions 13.1-13.10 within the CC&Rs for the
Project, this condition shall be deemed satisfied.
13.1 Dogs: Dogs shall be allowed on each residential, commercial and/or
industrial lot pursuant to Section 3.17 of the Applicant's proposed
covenants unless Garfield County Zoning and Subdivision regulations are
more restrictive.
13.2 Seasonal Use Restrictions: The seasonal use restrictions proposed by the
applicant in the submittal shall be conditions of approval.
13.3 Educating Residents: Consistent with the provisions in the CDOW Letter
of August 31, 1999, the Applicant shall provide an informative brochure at
the first Final Plat which is intended to be provided to residents at the time
of conveyance of each lot.
13.4 Additional Commitments: The Wildlife Mitigation Plan proposed by the
Applicant shall be made a part of the proposed covenants.
13.5 Fencing: Fencing shall be allowed pursuant to Section 3.24 of the
proposed covenants.
13.6 Horses and Livestock: As per the Applicant's submittal, horses shall be
permitted pursuant to Sections 3.17 and 3.24 of the proposed covenants.
13.7 Building Envelopes: Building envelopes shall be represented by the
Applicant on the Preliminary Plan Application consistent with this
PUDP.U.D. Application.
13.8 Wildlife Mitigation: A Wildlife Mitigation Plan will be implemented
through the Applicant's proposed covenants and deed restrictions as a
condition of any Final Plat approval.
13.9 Bears/Trash Removal: The Applicant shall comply with Section 3.14 of
the propose covenants submitted by the Applicant.
18
13.10 Riparian/Wetlands: The provisions listed in the CDOW letter of August
31, 1999, and Section 4.3.4 of Appendix E of the submittal (Wildlife
report) shall be conditions of any approval.
13.11 Raptor Survey: At the time of the first Final Plat, the Applicant shall
demonstrate compliance with Section 4.3.3 of the "Wildlife Use, Impacts,
and Mitigation" report submitted by the Applicant.
• Under the terms of the "Wildlife Use, Impacts, and Mitigation" report this
condition is not applicable to any structure in Phase 1. Therefore, this shall not
be an Applicable Condition of Approval.
14.0 No new wood burning open hearth fireplaces shall be allowed within the
development.
• This shall be an Applicable Condition of Approval. Upon inclusion of this
condition within the CC&Rs for the Project, this condition shall be deemed
satisfied.
15.0 The Applicant shall accelerate the phasing for the Community Housing Units (in
their same unit count / building mix) from phases 7 — 10 to 5 — 8.
• This condition does not apply to Phase 1 Improvements and shall not be an
Applicable Condition of Approval under this SIA.
16.0 All infrastructure, public utilities, trails and open space shall be phased in
accordance with the phasing plan set forth in Exhibit 21 of Binder 4. Specifically,
open space and trails approved as part of the PUDP.U.D. shall be allowed to be
platted and constructed with each individual phase rather than all at once with the
first Final Plat. The Final Plat of each phase shall result in a cumulative total of all
open space in both the current Final Plat and all previously recorded Final Plats of
at least 25%. Each Final Plat shall provide a calculation table that demonstrates
the open space for that particular phase as well as summarizes the open space
totals in any previous phase.
• Owner has provided the required calculation and is in compliance with this
condition for Phase 1. As a result, shall not be an Applicable Condition of
Approval under this SIA.
17.0 Accessory Dwelling Units (ADUs) are prohibited in Spring Valley Ranch
PUDP.U.D..
• This shall be an Applicable Condition of Approval. Upon inclusion of this
condition within the CC&Rs for the Project, this condition shall be deemed
satisfied.
19
Resolution 2008-56
1.0 The following conditions consolidate, amend, and restate as appropriate the
conditions contained in the various resolutions approving, extending or modifying
the preliminary plans for Spring Valley Ranch in Resolutions 2002-07, 2003-98
and 2005-84. They supersede and replace all of the conditions of approval in said
resolutions, and the conditions of approval set forth in said resolutions shall be
null and of no further force or effect.
• This condition is a general condition applicable to all phases, but for purposes of
this SIA shall not be an Applicable Condition of Approval under this SIA.
2.0 All representations of the applicant, either within the application or stated at the
September 12, 2007, meeting before the Planning Commission or in the
December 7, 2007, hearing before the Board of County Commissioners, shall be
considered conditions of approval, including at a minimum, but not limited to the
following:
• This condition is a general condition applicable to all phases, but for purposes of
this SIA shall not be an Applicable Condition of Approval under this SIA.
3.0 The applicant shall make application to the Colorado Department of
Transportation, pursuant to Section 2.3(12)(b) of the State Highway Access Code,
for a permit for the reconstruction of an existing access at the intersection of
County Road 114 and State Highway 82. Such application and approved permit
shall be tendered as a part of the approved phasing plan and shall be included with
the applicable final plat documents, specifically the subdivision improvements
agreement that includes security for the intersection improvements.
• This condition does not apply to Phase 1 Improvements and shall not be an
Applicable Condition of Approval under this SIA. This condition will apply to
Phase 8.
4.0 The applicant shall make the improvements to County Roads 114 and 115 as
proposed in the application, at their own expense, regardless of cost, and
consistent with the phasing of the improvements in the approved phasing plan.
• This condition does not apply to Phase 1 Improvements becau ' no new dwelling
units are included in Phase 1, and therefore shall not be an .pli • • ble Con4itipn
of Approval under this SIA. This condition will apply to Ph•sej Z1 U
5.0 The alignment of CR 114 is contingent upon application by Lake Springs Ranch
for the realignment of CR 114 through the Lake Springs Ranch and approval of
such application by the County. The following conditions of approval shall apply
20
only if Lake Springs Ranch obtains approval for the realignment of CR 114 prior
to the County's approval of the Subdivision Improvements Agreement for Phase 2
of Spring Valley Ranch PUDP.U.D.. Otherwise, the current conditions of
approval related to CR 114 in its existing alignment shall apply, the Applicant
shall not show the realigned road on any final plat, and the preliminary plan shall
be automatically and without further action amended to delete the realigned road
and the following conditions of approval:
• This condition does not apply to Phase 1 Improvements because Lake Springs
Ranch has not made application for the realignment of CR 114, and therefore
shall not be an Applicable Condition of Approval under this SIA.
5.01 Because the proposed realignment of CR 114 will travel through Lake
Springs Ranch, Lake Springs Ranch shall dedicate to Garfield County a
right-of-way for CR 114 from the owners of the affected property prior to
any approval of a final plat. This shall be shown on all final plat
documents as appropriate.
5.02 If the proposed realignment of CR 114 is approved for both Spring Valley
Ranch and Lake Springs Ranch, prior to construction of the realigned CR
114, the owners of Spring Valley Ranch shall submit a Road Vacation
Application, executed by the owners of both Spring Valley Ranch and
Lake Springs Ranch under the County Road Vacation Policies.
5.03 Because Spring Valley Sanitation District has made certain real
improvements that are located within CR 114 as it is currently located, the
Applicant and Lake Springs Ranch shall enter into an appropriate
agreement with Spring Valley Sanitation District regarding the
improvements that have been installed within the existing CR 114
alignment so that there will be no disruptions to service a provided by the
District and that costs for relocation of certain improvements, if necessary,
shall be addressed in the agreement. This signed agreement shall be
provided to Staff at the time of the final plat.
5.04 Because the majority of the proposed realignment of CR 114 lies within
the boundaries of the Lake Springs Ranch property, any approval for the
realignment of CR 114 for Spring Valley Ranch shall not be considered
approved unless a similar approval is obtained by Lake Springs Ranch.
5.05 Spring Valley Ranch, in the design and reconstruction of CR 114, shall
comply with the standards and criteria included in Resolution 2002-109 as
those conditions relate to shoulder width (6 feet), surfacing and ditch
design.
21
5.06 Prior to approval of a new alignment for CR 114, Spring Valley Ranch
shall submit a plan for the intended use of the old CR 114 Right -Of -Way.
Such plan shall be approved by the owners of Lake Springs Ranch and
provide for proportionate cost sharing. If the Plan proposes to leave the
old CR 114 Right -Of -Way as -is for a period of at least one year, the
owners of Spring Valley Ranch shall provide a weed management plan for
that Right -of -Way. If the Plan for the new CR 114 Right -Of -Way requires
reclamation, the owners of Spring Valley ranch shall submit 1) a plant
material list, 2) a planting schedule, 3) an estimate in terms of acres or
square feet of the area to be reclaimed, and 4) a revegetation bond or
security before final BOCC approval.
5.07 The revegetation security provided to Garfield County shall be held by
Garfield County until vegetation has been successfully reestablished
according to the Reclamation Standards in the Garfield County Weed
management Plan. The Board of County Commissioners will designate a
member of their staff to evaluate the reclamation prior to the release of the
security.
5.08 The Reclamation Plan anticipated in condition 5.07 above shall include 1)
a plant material list (to conform with the surrounding native vegetation),
2) a planting schedule, 3) a map of the areas impacted by soil disturbances
(road cuts) and an estimate of surface area disturbed, and 4) a revegetation
bond or security as part of the relevant subdivision improvements
agreements.
5.09 The Subdivision Improvements Agreement (SIA) for Phase 2 of Spring
Valley Ranch PUDP.U.D. shall provide that the Phase 2 improvements to
CR 114 need not be commenced until 2 years after the earlier of i) the date
of the SIA for Phase 2, or ii) the approval of the application by the Lake
Springs Ranch developers to realign CR 114. In the event the end of said
2 -year period falls between October 1 — March 31, the Applicant may
commence construction as soon as practicable when weather conditions
permit. Security for the Phase 2 improvements to CR 114 shall be in place
at the same time as other improvements set forth in the subdivision
improvements agreement for Phase 2. The phasing schedule set forth in
Exhibit 21 of Binder 4 is hereby amended to provide for the potential
construction of Phase 2 improvements to CR 114 in accordance with this
Condition 5.0.
6.0 The internal private roads will be maintained by either the Landis Creek
Metropolitan District or the Homeowner's Association. In the event the roads are
maintained by the Homeowners Association, a maintenance and repair plan for
the internal private road system must be included in the covenants of the master
homeowners association.
22
• This shall be an Applicable Condition of Approval. The covenants of the Master
Association, section 4.1, require that the roads be maintained by the Landis Creek
Metropolitan Districts No. 1 and/or No. 2, and therefore this condition is deemed
satisfied Upon inclusion of this condition within a contract between the Landis
Creek Metropolitan District and the Owner for phase 1, this condition shall be
deemed satisfied.
7.0 The Applicant and Mrs. Veltus shall negotiate in good faith for the creation of a
new road easement through the Applicant's property on reasonable terms and
conditions. Such easement shall be identified on the final plat but shall not
require a PUDP.U.D. amendment.
• This condition does not apply to Phase 1 Improvements and shall not be an
Applicable Condition of Approval under this SIA. This condition will apply to
Phase 2.
8.0 The dam break failure analysis for an enlarged Hopkins Reservoir must be
incorporated into the drainage plan and subdivision improvements agreement for
phase 2 and incorporated into subsequent phases as applicable in a manner
adequate to prevent damage or potential loss of life or structures within the
subdivision.
• This condition does not apply to Phase 1 Improvements and shall not be an
Applicable Condition of Approval under this SIA. This condition will apply to
Phase 2.
9.0 The Applicant shall upgrade the electrical utilities consistent with a contract with
Holy Cross Electric, at the developer's expense.
• This condition does not apply to Phase 1 Improvements because no electrical
upgrade is required for Phase 1, and therefore shall not be an Applicable
Condition of Approval under this SIA.
10.0 Prior to the recordation of the final plat that includes Lots R 92, 94 and 95, the
Applicant shall install piezometers along the hillside in the location of Lots R 92,
94 and 95 to monitor groundwater conditions. This information shall be
submitted to the Colorado Geologic Survey for their review and comment. The
design for the development of such lots shall take this information into
consideration, including the potential of a comprehensive solution and/or
individual lot drainage mitigation.
• This condition does not apply to Phase 1 Improvements and shall not be an
Applicable Condition of Approval under this SIA. This condition will apply to
Phase 6.
23
11.0 Plat notes and covenants shall indicate that all lots require a site specific
geological and geotechnical analysis prior to any construction.
• This shall be an Applicable Condition of Approval.
12.0 The design guidelines shall include Best Mafiagement Practices which minimize
directly connected impervious areas -for storm water runoff within individual lots
as part of e_f. st-final 0,0a/id-all subsequent plats.
need to ident. B 's This condition does not apply to Phase 1 Improvements
n Applicable Condition of Approval under this SIA.
13.0 Prior to the approval of any Final Plat, the Applicant shall submit to the Garfield
County Vegetation Management Office a Noxious Weed / Revegetation Plan
which shall include a noxious weed inventory of the area of the property covered
by the plat. That Plan shall also include a specific planting schedule, along with
the quantification of the acres or square footage of surface to be disturbed and
revegetated needs to be developed. Additionally, the Plan shall include
reclamation cost estimates for seeding, mulching and other factors that may aid in
plant establishment as part of any final plat application and include revegetation
security to hold until vegetation has been successfully reestablished according to
the County's reclamation standards. Finally, this Plan shall include a Soil
Management Plan to be developed for the project and submitted with any final
plat application.
• This shall be an Applicable Condition of Approval.
14.0 As part of all final plats, construction plans shall delineate all wetland areas and
all wetland areas shall be clearly marked and fenced prior to construction.
• This condition does not apply to Phase 1 Improvements because there are no
jurisdictional wetlands affected by any Phase 1 improvement, and therefore shall
not be an Applicable Condition of Approval under this SIA. This shall be an
Applicable Cond . 4 of Approval for all subsequent phases.
15.0 As per Sect n 4:34 of the Subdivision Regulations, Preliminary Plan approval
shall be vali. . r a p riod not to exceed one (1) year from date of Board approval,
or con• ona .. • oval, unless on extension of not more than one year is granted
b. . e Board prior to the expiration of the period of approval.
• With the filing of the Final Plat for Phase 1, this condition shall be deemed
satisfied.
16.0 / Schoo Site Acquisition Fees shall be paid at the time of final plat as per Section
j 9:8 f the Garfield County Subdivision Regulations, as amended.
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24
s
• Since no new lots are being created in Phase 1, this condition does not apply to
Phase 1 Improvements and shall not be an Applicable Condition of Approval
under this SIA.
17.0 The Homeowners Association or Metropolitan District as appropriate must hire at
least a Class C operator to operate and maintain the proposed Ranch Lot ISDS
systems prior to issuance of the first ISDS system permit. If proof of the
employment of such a person is not provided to the Planning Department prior to
the issuance of said ISDS permit, the Building Department shall not issue the
ISDS permit or any subsequently requested ISDS permit.
• This condition does not apply to Phase 1 Improvements because no Ranch Lots
will be developed in Phase 1, and therefore shall not be an Applicable Condition
of.Approval val under, this SIA. This condition will apply to Phases*, 3, 4 and
A. /
18.0 Prior to the approval of the final plat of each phase, the Spring Valley Sanitation
District shall certify that sufficient capacity is available to provide for the
development in such phase.
• Phase 1 does not include any structure that will require service from the Spring
Valley Sanitation District. Therefore, this condition does not apply to Phase 1
Improvements and shall not be an Applicable Condition of Approval under this
SL4. This condition will apply to all subsequent phases.
19.0 Owners of existing permitted or adjudicated water supplies in use for a single-
family residence as of October 29, 2001 that are located on the properties that are
contiguous to the boundaries of the Districts and therefore within the service area
of the Districts, shall have the right to connect to the central potable water supply
system of the Districts in accordance with the following conditions:
• Phase 1 does not include the construction of the central potable water supply
system. Therefore, this condition does not apply to Phase 1 Improvements and
shall not be an Applicable Condition of Approval under this SIA. This condition
will apply to all subsequent phases.
19.01 Each dwelling unit served by an existing permitted or adjudicated water
supply shall be entitled to one tap for the provision of one EQR from the
central potable water system;
19.02 Such owners shall be subject to the same rules, regulations, and policies as
all other residential users on such systems;
19.03 Such owners shall be charged in -District fees, charges, and rates even
though they are out of the Districts;
19.04 In the event that such an owner's permitted or adjudicated water supply
becomes unable to produce the quantities required for permitted domestic
water use, not due to the admitted or judicially determined negligence of
the owner, such owner shall not be required to pay a tap fee or for a
physical connection at the time of connection to the water supply system;
19.05 The main infrastructure and distribution systems for the water supply
system have been installed and tested and operational;
19.06 Such owners may choose to connect to the water supply system at any
time after the system is installed and operational and shall connect to such
system on any appropriate primary distribution line and SVD shall use all
reasonable efforts to locate such distribution lines in a manner that, to the
extent feasible and practical, it will accommodate a connection by such
owners;
19.07 Such owners, who connect under 19.06 above, shall be responsible for all
costs associated with constructing and extending the necessary water lines
to connect to the water supply system's primary distribution lines;
19.08 Such owners may keep their existing permitted or adjudicated water
supply in operation, the water court decrees that will legally support such
service must be issued in Case Nos. 98CW254 and 255 in Water Division
No. 5; and
19.09 Such owners will be responsible for securing any necessary rights-of-way
from their property to the district boundary and SVD or the District will
provide the appropriate rights-of-way, within the District boundary.
20.0 With the exception of Lot P23 and OSR Parcel E, individual well development
shall be prohibited for new development.
• Lot P23 and OSR Parcel E are located in Phase 1. Therefore, individual well
development shall be allowed on these parcels, but this is not an Applicable p
Condition of Approval under this SIA. 1
7 2A 3 N n f t3 S,L l ,,
21.0 The Applicant shall work with the water district providing potable water service
to the development to adopt a water usage rate structure that encourages
conservation. V -/1 7i.'
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` 9
• This condition does not apply to Phase 1 Improvements and shall not be an
Applicable Condition of Approval under this SIA. This condition will apply to all
subsequent phases.
22.0 Well water usage for agricultural and golf course purposes shall be allowed to
supplement surface water sources in the event of a shortage of surface water
supplies.
• This condition applies to Phase 1, but is not an Applicable Condition of Approval
under this SIA.
23.0 Valid well permits must be obtained for all of the wells included in the water
supply plan and copies submitted to the Planning Department prior to Final Plat
approval.
• This shall be an Applicable Condition of Approval.
24.0 Subject to the terms hereof, the Applicant shall provide a nonexclusive easement
to allow for the conveyance of water piped from the BR Hopkins Spring located
on Spring Valley Ranch PUDP.U.D. property to a point where the water from the
BR Hopkins Spring is used on the LaGigilia property. The easement is not
required to follow the historic pipeline corridor and it can be relocated to a
preferred location mutually agreed to by the parties who have a right to the BR
Hopkins Spring and any property owner whose property the new pipeline may
cross. This easement to the BR Hopkins Spring shall be designed to allow access
to the spring of an adequate width in order to perform improvements to and
maintenance on the spring and any portion of a pipe conveying water. This
easement shall be depicted on the final plat for review. Further, the Applicant
shall be required to present the terms of the easement to the Planning Department
for review at final plat and then subsequently recorded in the Office of the County
Clerk and Recorder and cross referenced by reception #, book and page on the
final plat.
• This shall be an Applicable Condition of Approval.
25.0 All lots that require booster pumps shall be noted on any final plat and in the
covenants. Unless otherwise required by the water district, all lots that require
pressure reducing valves shall be noted on any final plat and in the covenants.
• This condition does not apply to Phase 1 Improvements and shall not be an
Applicable Condition of Approval under this SIA. This condition will apply to all
subsequent phases as necessary.
27
26.0 Prior to the second final plat (Phase 2), the Applicant's engineer shall confirm that
all nodes with residual pressure of less than 20 psi (pounds per square inch) will
not affect the fire hydrants or individual residences.
• This condition does not apply to Phase 1 Improvements and shall not be an
Applicable Condition of Approval under this SIA. This condition will apply to
Phase 2.
27.0 The covenants or bylaws for the development shall obligate the Homeowners
Association to require the development's private security company to enforce the
at -large dog and cat restrictions included in the covenants.
• Inclusion of this provision in the CC&Rs shall be an Applicable Condition of
Approval. This provision in the CC&Rs shall apply commencing with Phase 2.
28.0 The following plat notes will be included on any final plat:
• Inclusion of these provisions on the Final Plat shall be an Applicable Condition
of Approval.
28.01 All exterior lighting will be the minimum amount necessary and all
exterior lighting will be directed inward and downward, towards the
interior of the subdivision, except that provisions may be made to allow
for safety lighting that goes beyond the property boundaries.
28.02 Colorado is a Right -to -Farm State pursuant to C.R.S. 35-3-101, et seq.
Landowners, residents and visitors must be prepared to accept the
activities, sights, sounds and smells of Garfield County's agricultural
operations as a normal and necessary aspect of living in a County with a
strong rural character and a healthy ranching sector. All must be prepared
to encounter noises, odor, lights, mud, dust, smoke, chemicals, machinery
on public roads, livestock on public roads, storage and disposal of manure,
and the application by spraying or otherwise of chemical fertilizers, soil
amendments, herbicides, and pesticides, any one or more of which may
naturally occur as a part of a legal and non -negligent agricultural
operations.
28.03 All owners of land, whether ranch or residence, have obligations under
State law and County regulations with regard to the maintenance of fences
and irrigation ditches, controlling weeds, keeping livestock and pets under
control, using property in accordance with zoning, and other aspects of
using and maintaining property. Residents and landowners are
encouraged to learn about these rights and responsibilities and act as good
neighbors and citizens of the County. A good introductory source for such
28
information is A Guide to Rural Living & Small Scale Agriculture put out
by the Colorado State University Extension Office in Garfield County.
29.0 All construction for the Spring Valley Ranch PUDP.U.D. shall be in accordance
with the International Fire Code.
• This shall be an Applicable Condition of Approval, and is required by Section 3.5
of the Master Declaration of Covenants, Conditions and Restrictions for Spring
Valley Ranch.
30.0 The Applicant shall address the comments prepared by Mountain Cross
Engineering on behalf of the County in the following manner:
30.01 Mountain Cross Engineering ("MCE") comments 1 to 13 and 15, except
for 3 and 7, pertain to final plat conditions that will be fulfilled at the filing
of each phase. With regard to comment 3, the community water system
will be approved, permitted and operated pursuant to CDPHE regulations
that will assure adequate water quality.
• Generally, this shall be an Applicable Condition of Approval. Specifically, each
comment from MCE is addressed below:
o MCE Comment 1: The range of water pressures that are anticipated for the
subdivision may require individual residences have either booster pumps
or pressure reducing valves. The lots to be affected by these pressures
should he identified either on the Final Plat or within the Conditions,
Covenants, and Restrictions (CCRs).
• This condition does not apply to Phase 1 Improvements and shall
not be an Applicable Condition of Approval under this SIA. This
condition will apply to Phase 2.
o MCE Comment 2: There appears to be an adequate legal and physical
water supply. The proposed water system will require approval from the
State of Colorado prior to construction and prior to Final Plat.
• This condition does not apply to Phase 1 Improvements and shall
not be an Applicable Condition of Approval under this SIA. This
condition will apply to Phase 2.
o MCE Comment 4: Notice of Intent to impound water should be filled out
for non jurisdictional dams. Jurisdictional dams will require approval from
the State of Colorado prior to construction and prior to Final Plat.
29
• This condition does not apply to Phase 1 Improvements and shall
not be an Applicable Condition of Approval under this SL4.
o MCE Comment 5: The road standards propose that engineered pavement
sections are to be used. Recommended pavement section should be
incorporated into the plans at Final Plat.
• This shall be an Applicable Condition of Approval. The engineered
pavement section is provided in the pavement section design report
prepared by CTL Thompson and included with the Final Plat
application. The engineered pavement section is incorporated into
the design of the road section which is included with the Final
Construction Plans prepared by Gamba & Associates, Inc. and
submitted with the Final Plat application.
o MCE Comment 6: The Geotechnical Report recommends that site specific
individual soils reports are prepared for building construction. This should
be required and incorporated into the CC&Rs or on the Plat.
• This shall be an Applicable Condition of Approval. This condition
is stated on the Final Plat.
o MCE Comment 8: The Applicant proposes individual onsite detention
ponds for the residential lots within Watersheds I and K. Construction
specifications and details for this construction need to be included within
the CC&Rs and a note included on the plat for the affected lots.
• This condition does not apply to Phase 1 Improvements and shall
not be an Applicable Condition of Approval under this SL4.
Watershed 1 applies to Phase 9. Watershed K applies to Phase 8.
o MCE Comment 9: The site will disturb more than one acre and will
require a discharge permit for construction activities from the State.
• This shall be an Applicable Condition of Approval. Prior to
commencement of construction activities, a SWMP will be
prepared and submitted in accordance with CDPHE rules and
regulations.
o MCE Comment 10: The project may require an air pollution permit for
construction activities from the State.
• This shall be an Applicable Condition of Approval. Prior to
commencement of construction activities, an air pollution permit
30
will be obtained in accordance with applicable rules and
regulations.
Comment 11: Engineered ISTS systems are proposed for the
Moun . in Lots. Affected lots should be identified within the CC&Rs
jdone] d a note included on the Final Plat.
• This condition does not apply to Phase 1 Improvements and shall
not be an Applicable Condition of Approval under this SIA.
o MCE Comment 12: The proposed road design standards generated no
comments.
• This condition does not apply to Phase 1 Improvements and shall
not be an Applicable Condition of Approval under this SIA.
o MCE Comment 13: The Board of County Commissioners will need to
approve the cul-de-sacs that are longer than 600'. Increased lengths due to
topographical constraints are justified.
• This condition does not apply to Phase 1 Improvements and shall
not be an Applicable Condition of Approval under this SIA.
o MCE Comment 15: Guardrail will need to be provided throughout the
project. Details and warranted locations should be determined by the
Applicant.
• This shall be an Applicable Condition of Approval. However,
according to applicable engineering standards, guardrail is not
warranted within Phase 1 improvements.
30.02 With regard to Comment 18, Applicant will study the need for additional
mainline PRV's in the final design, and shall include a note on the final
plat as necessary on all lots in that phase requiring an individual PRV.
• This condition does not apply to Phase 1 Improvements and shall not be an
Applicable Condition of Approval under this SIA.
30.03 With regard to Comment 19, Applicant will grade and maintain an
unpaved access concurrently with the installation of the off-road water
lines, which will be depicted on the final design drawings. An appropriate
easement will be shown on the final plat. These accesses will be used for
construction and ongoing operations. Winter maintenance and repair will
require track -equipment.
31
• This condition does not apply to Phase 1 Improvements and shall not be an
Applicable Condition of Approval under this SIA.
30.04 With regard to Comment 20, the access roads to both water storage tanks
will be depicted on the final design drawings. Appropriate easements will
be shown on the final plat.
• This condition does not apply to Phase 1 Improvements and shall not be an
Applicable Condition of Approval under this SIA.
30.05 With regard to Comment 21, Applicant's final engineering and
construction drawings will provide for a foundation that protects the
Tank's structural fill and foundation from erosion.
• This condition does not apply to Phase 1 Improvements and shall not be an
Applicable Condition of Approval under this SIA.
30.06 With regard to Comment 22, Applicant will provide for a cleanout of the
low-pressure main sewer line in its final engineering and construction
drawings for the sewer system.
• This condition does not apply to Phase 1 Improvements and shall not be an
Applicable Condition of Approval under this SIA.
30.07 With regard to Comment 23, in conjunction with final design the
Applicant will address of any byproducts generated by the MIOX
disinfection system, including any state and federal requirements.
• This condition does not apply to Phase 1 Improvements and shall not be an
Applicable Condition of Approval under this SIA.
31.0 Prior to final plat, the Applicant shall meet the requirements set forth in the
Spring Valley Sanitation District's "Will Serve" letter dated August 4, 2006,
regarding the Spring Valley Ranch Project, which is included in Binder 3
Appendix H of the Application.
• This condition does not apply to Phase 1 Improvements and shall not be an
Applicable Condition of Approval under this SIA. This condition will apply to all
subsequent phases.
32
EXHIBIT B
Improvements
Spring Valley Ranch PUDP.U.D. - Phase 1 Final Construction Plans:
Sheet 1: Road Plan & Profile
Sheet 2: Sanitary Sewer Plan & Profile
Sheet 3: Water System Plan & Profile
Sheet 4: Drainage Plan & Profiles
Sheet 5: Sanitary Sewer Details
Sheet 6: Road & Water Details
Sheet 7: Drainage Details
EXHIBIT C
Estimate of Cost of Completion of Improvements
Sys.
Item
#
Construction Item
Units
Estimated
Quantities
Estimated
Unit Price
Estimated
Construction
Costs
Site Prep.
SP -2
Remove existing fence
LF
62
$15.00
$930.00
SP -3
Traffic control
LS
1
$7,500.00
$7,500.00
Subtotal of Site Preparation Items
$8,430.00
Road & Driveways
RD -1
Clear & grub
ACRE
1.72
$3,900.00
$6,708.00
RD -2
Compacted fill of on-site
excavation
CY
662
$4.95
$3,276.90
RD -3
Excavate & off-site
disposal of excess cut
material
CY
1,823
$8.00
$14,584.00
RD -4
Excavate & disposal of
excess rock material
CY
655
$10.20
$6,681.00
RD -5
Rock blasting
CY
655
$30.15
$19,748.25
RD -6
Scarify & recompact insitu
soil
SY
2,676
$1.80
$4,816.80
RD -7
Install road aggregate
base course
TONS
968
$22.00
$21,296.00
RD 8
Install hot bituminous
pavement
TONS
425
$80.00
$34,000.00
RD -9
Revegetate with native
shrubs & grasses
SY
5,636
$0.75
$4,227.00
RD -10
Install traffic signs
EA
2
$275.00
$550.00
RD 11
Install gate near entrance
to Highgrange Pass
EA
1
$8,000.00
$8,000.00
RD -12
New fence construction
EA
50
$10.00
$500.00
Subtotal of Road & Driveways
$124,387.95
Sewer System
SS -1
8" SDR -35 PVC gravity
sewer pipe
LF
731
$40.00
$29,240.00
SS -2
Install 48" dia. gravity
sewer manhole
EA
4
$2,900.00
$11,600.00
SS -3
Cap end of 8" sewer pipe
EA
2
$200.00
$400.00
SS -4
4" SDR -35 PVC gravity
sewer service lines with
tap on main
LF
18
$50.00
$900.00
Subtotal of Sewer System
$42,140.00
Water System
WS -1
12" DIP potable water
pipe
LF
731
$65.00
$47,515.00
WS -2
Air -Vacuum Vault for
future valve
EA
1
$2,000.00
$2,000.00
WS -3
Install tee & valve for
future hydrant
EA
1
$2,100.00
$2,100.00
WS -4
2" water service lines with
curbstop
LF
25
$25.00
$625.00
Subtotal of Water System
$52,240.00
,e w
co Cn
6- `°
D-1
12" ADS -N12 Culvert
LF
44
$28.00
$1,232.00
D-2
18" ADS -N12 Culvert
LF
54
$35.00
$1,890.00
34
Sys.
Item
#
Construction Item
Units
Estimated
Quantities
Estimated
Unit Price
Estimated
Construction
Costs
D-3
48" x 48" Double V-Weir
Inlet Structure
EA
2
$3,500.00
$7,000.00
D-4
12" Flared End Section
EA
1
$500.00
$500.00
D-5
18" Flared End Section
EA
1
$700.00
$700.00
Subtotal of Storm Sewer & Drainage System
$11,322.00
Z
0
ER-1
Install silt fence
LF
360
$1.35
$486.00
ER-2
Install hay bale dikes
EA
4
$120.00
$480.00
ER-3
entralncenstruction
EA
1
$1,800.00
$1,800.00
ER-4
Install temporary culvert
outfall & slope protection
EA
2
$300.00
$600.00
Subtotal of Storm Water Management & Erosion Protection Plan
$3,366.00
Total of Estimated Construction Items
$241,885.95
M-1
Miscellaneous & Contingency
10.00%
$24,188.60
Total Estimated Construction Costs $266 074.55
35
EXHIBIT D
Form of Letter of Credit
JRREVOCABLE STANDBY LETTER OF CREDIT { Field Code
Reference #:
Amount:
Date of Issue:
Expiration Date:
BENEFICIARY: Board of County Commissioners of Garfield County
("Beneficiary" or "BOCC")
108 8th Street, Suite 213
Glenwood Springs, CO 81601
ACCOUNT PARTY/Applicant:
Establishment/Face Amount/Purpose/Expiration Date/Transferability
We hereby establish/issue/open, at the request of the Applicant/Account Party,
Irrevocable Standby Letter of Credit No. in an amount not to exceed
Two Hundred Sixty Six- Thousand Seventy Four dollars and 55 cents ($266,074.55).
The purpose of this letter is to secure the Applicant/Account Party's performance of and
compliance with the agreement between Applicant/Account Party and Beneficiary, dated
and titled Subdivision Improvements Agreement, Phase I Spring Valley
Ranch Subdivision, Located within the Spring Valley Ranch P.U.D. ("Subdivision
Improvements Agreement"). This Letter of Credit expires at
Bank, at p.m. Central Standard Time on , 200_. This letter is
not transferable.
Partial Releases
Partial draws are permitted. The BOCC may authorize periodic reductions in the
face amount of this Letter of Credit [If Bank requires Reduction Certificates: and, if so
authorized, the revised face amount of the Letter of Credit shall be evidenced by a
separate Reduction Certificate, approved and executed by the BOCC or the BOCC's
authorized representative], stating the amount of reduction therein.
Conditions for Payment to Beneficiary
Drafts submitted by Beneficiary must be accompanied by the following
documents:
1. Beneficiary's signed statement executed by the Chairman of the BOCC or
the BOCC's authorized designee stating:
Spring Valley Holdings, LLC, developer of P.U.D. is in default of its
obligations set forth in that certain Subdivision Improvements Agreement
between Spring Valley Holdings, LLC and the BOCC, dated
, and recorded as Reception Number
of the Real Estate Records of the Office of the
Garfield County Clerk and Recorder.
2. The original Letter of Credit, endorsed on the reverse side with the words:
"Drawn by the Board of County Commissioners of Garfield County,
Colorado in the amount of Two Hundred Sixty Six- Thousand Seventy
Four dollars and 55 cents ($266,074.55)," manually signed by the
Chairman or the BOCC's authorized representative.
Cancellation
This Letter of Credit and amendments, if any, must be returned to us for
cancellation with a statement signed by the Beneficiary stating: "This Letter of Credit is
no longer required by the BOCC and is hereby returned to the issuing bank for
cancellation."
Issuer's Undertaking
We hereby agree to honor each draft drawn under and in compliance with the
terms of this Letter of Credit if presented, together with the documents above specified,
to (name) Bank, (street address) (city/town)
, Colorado, on or before the date of expiration identified above. This
letter is issued subject to the Uniform Customs and Practices for Documentary Credit
(2007 Revision), International Chamber of Commerce Publication Number 600 and the
Uniform Commercial Code at C.R.S., §4-1-101 et seq., as amended.
By
Name
Title
Bank
THIS IS A FORM DOCUMENT. BANKS USE DIFFERENT FORMATS AND DIFFERENT TERMS TO IDENTIFY ISSUER,
APPLICANT AND BENEFICIARY. ASK YOUR BANK TO ADDRESS THE MATTERS IDENTIFIED ABOVE: Establishment,
Face Amount, Purpose, Expiration Date, Transferability, Partial /Single Releases, Conditions for Payment to Beneficiary,
Cancellation, Issuer's Undertaking AND TO SPECIFY WHETHER OR NOT PARTIAL RELEASES OF THE LETTER OF
CREDIT, IF ALLOWED, REQUIRE THE USE OF REDUCTION CERTIFICATES.
LETTERS OF CREDIT ARE HELD IN THE CUSTODY OF THE GARFIELD COUNTY TREASURER. ADDRESS QUESTIONS
RELATED TO PARTIAL OR FULL RELEASE, HOWEVER, TO THE BUILDING AND PLANNING DEPARTMENT.
37
EXHIBIT E
Form Written Request for Partial Release of Letter of Credit
Board of County Commissioners
Garfield County, Colorado
c/o Planning Director
108 Eighth Street, Room 201
Glenwood Springs, CO 81601
RE: Spring Valley Ranch PUDP.U.D.
This request is written to formally notify the BOCC of work completed for Spring Valley
Ranch PUDP.U.D.. As Owner, we request that the BOCC review the attached Engineer's
Certificate of Partial Completion and approve a reduction in the face amount of the Letter
of Credit in the amount of Two Hundred Sixty Six- Thousand Seventy Four dollars and
55 cents ($266,074.55), to a reduced face amount of $
Attached is the certified original cost estimate and work completed schedule, showing:
Engineers Cost Estimate
Work Completed, less 10%
Reduced Face Amount of LOC
Based on periodic observation and testing, the construction has been completed, to date,
in accordance with the intent of the plans and specifications that were reviewed and
approved by the BOCC's representatives and referenced in Paragraph 2 of the
Subdivision Improvements Agreement between the BOCC and the Owner.
If further information is needed, please contact , at
Owner
or
Owner's Representative/Engineer
38
EXHIBIT F
Form Written Request for Final Release of Letter of Credit
Board of County Commissioners
Garfield County, Colorado
c/o Planning Director
108 Eighth Street, Room 201
Glenwood Springs, CO 81601
RE: Spring Valley Ranch PUDP.U.D.
This request is written to formally notify the BOCC of work completed for Spring Valley
Ranch PUDP.U.D.. As Owner, we request that the BOCC review the attached Engineer's
Certificate of Final Completion and approve a cancellation of the Letter of Credit, except
for that portion relating to revegetation.
Attached is the certified original cost estimate and work completed schedule, showing:
Engineers Cost Estimate, less revegetation $261,847.55
Work Completed 100%
Based on periodic observation and testing, the construction has been completed in
accordance with the intent of the plans and specifications that were reviewed and
approved by the BOCC's representatives and referenced in Paragraph 2 of the
Subdivision Improvements Agreement between the BOCC and the Owner.
If further information is needed, please contact , at
Owner
or
Owner's Representative/Engineer
39
EXHIBIT G
Form Written Request for Release of the Revegetation LOC
Board of County Commissioners
Garfield County, Colorado
c/o Planning Director
108 Eighth Street, Room 201
Glenwood Springs, CO 81601
RE: Spring Valley Ranch PUDP.U.D.
This request is written to formally notify the BOCC of work completed for Spring Valley
Ranch PUDP.U.D.. As Owner, we request that the BOCC review the attached Engineer's
Certificate of Final Completion and approve a cancellation of all of the Letter of Credit
including specifically that portion related to revegetation.
Attached is the certified original cost estimate and work completed schedule, showing:
Engineers Cost Estimate
Work Completed
$4,227.00
100%
Based on periodic observation and testing, the construction has been completed in
accordance with the intent of the plans and specifications that were reviewed and
approved by the BOCC's representatives and referenced in Paragraph 2 of the
Subdivision Improvements Agreement between the BOCC and the Owner.
We request that within ten (10) days following submission of this Owner's Written
Request for Final Release of LOC, you return the Letter of Credit and amendments, if
any, to the issuer for cancellation by Applicant/Account party with a statement signed by
you stating: "This Letter of Credit is no longer required by the BOCC and is hereby
returned to the issuing bank for cancellation."
If further information is needed, please contact , at
Owner
or
Owner's Representative/Engineer
40