HomeMy WebLinkAbout02.05 Binder 1 - Section 6•
SUBDIVISION IMPROVEMENTS AGREEMENT
PHASE I SPRING VALLEY RANCH SUBDIVISION
LOCATED WITHIN THE SPRING VALLEY RANCH P.U.D.
THIS SUBDIVISION IMPROVEMENTS AGREEMENT ("Agreement") is
made and entered into this day of , 2007, 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").
WHEREAS, Owner is the owner and developer of the Spring Valley Ranch
P.U.D., a portion of which property is depicted on the Phase I Final Plat of the Spring
Valley Ranch Subdivision ("Final Plat"); and
WHEREAS, on November 7, 2005, the BOCC, by Resolution No. 2005-83,
Recorded in Book 1743 at Page 888, Reception No. 686066, approved a planned unit
development re -zoning application for Spring Valley Ranch P.U.D. ("P.U.D.
Approval"); and
WHEREAS, on November 7, 2005, the BOCC, by Resolution No. 2005-84,
Recorded in Book 1743 at Page 894, Reception No. 686067, approved a preliminary plan
for the Subdivision which, among other things, would create 577 dwelling units and golf
course, open space/common area and utility parcels ("Preliminary Plan Approval");
and
WHEREAS, as a condition of approval of the Final Plat, submitted to the BOCC
for approval as required by the laws of the State of Colorado, Owner wishes to enter into
this Agreement with the BOCC; and
WHEREAS, Owner has agreed to execute and deliver a specific form of collateral
to the BOCC to secure and guarantee Owner's performance under this Agreement and
has agreed to certain restrictions and conditions regarding the sale of properties and
issuance of building permits and certificates of occupancy, all as more fully set forth
below.
NOW, THEREFORE, in consideration of the mutual covenants and promises
contained herein, the parties agree as follows:
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 Agreement,
the Preliminary Plan Approval, the P.U.D. Approval, and the requirements of the
Garfield County zoning and subdivision regulations and any other governmental or quasi -
governmental regulations applicable to the Subdivision ("Final Plat Approval"). This
approval authorizes construction and development within Phase I of the Subdivision, as
approved by the P.U.D. Approval and Preliminary Plan 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 Agreement and at the time prescribed herein.
2. OWNER'S PERFORMANCE. Owner shall cause to be constructed and
installed those subdivision improvements, identified in subparagraph a. below
("Improvements"), at its own expense, including payment of fees required by the
County and/or other govemmental and quasi -governmental entities with jurisdiction.
Any one or more and all on-site and off-site Improvements shall be completed on or
before the end of the second full year following execution of this Agreement, i.e.,
December 31, 2009 ("Completion Date"), in compliance with the following:
a. Plans marked "Approved for Construction" for all on-site Improvements
and off-site Improvements listed in Exhibit A, prepared by Gamba and
Associates and submitted to the BOCC on or about ; the
estimate of cost of completion, certified by and bearing the stamp of
Owner's professional engineer licensed in the State of Colorado
("Owner's Engineer"), attached to and made a part of this Agreement by
reference as Exhibit B; and all other documentation required to be
submitted along with the Final Plat under pertinent sections of the Garfield
County subdivision and zoning regulations ("Final Plat Documents").
b.
All requirements of the Preliminary Plan Approval.
c. All Zone District Regulations and other requirements approved by the
BOCC in the P.U.D. Approval;
d. All laws, regulations, orders, resolutions and requirements of the State of
Colorado, Garfield County, and all special districts and any other
governmental or quasi -governmental authority(ies) with jurisdiction; and
e. The provisions of this Agreement.
The BOCC agrees that if all Improvements are installed in accordance with paragraphs
2.a. through 2.e., above; the record drawings to be submitted upon completion of the
Improvements as detailed in paragraph 3.c., below; and all other requirements of this
Agreement, then the Owner shall be deemed to have satisfied all terms and conditions of
this Subdivision Improvements Agreement, the Final Plat Approval, the P.U.D.
Approval, the Preliminary Plan Approval and the Garfield County zoning and subdivision
regulations, with respect to the installation of Improvements.
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3. SECURITY FOR IMPROVEMENTS.
a. Letter of Credit. 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,
one or more Letters of Credit in the form attached as Exhibit C
("LOCs"), or such other form of security as may be deemed acceptable to
the BOCC as provided in paragraph 3.g., below. The LOC(s) shall be in
the amount of $ full estimate , representing the full estimated cost of
completing the Improvements, 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 B, to guarantee completion of
the Improvements.
b. Revegetation Security. $ 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.
i. 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, at
Book 1251, Page 566, as amended, and the Revegetation/Reclamation
Plan for the Subdivision submitted as part of the Final Plat Documents.
ii. Following receipt of written approval of the Garfield County
Vegetation Management Department, the Owner may submit to the
BOCC, through the Building and Planning Department, a written
request for release of the Revegetation LOC, 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.
iii. 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 years following recording of the Final Plat.
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iv. If revegetation efforts are deemed unsuccessful within the two year
period of time, in the sole discretion of the BOCC upon the
recommendation of the Vegetation Management Department, 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.
v. 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 Agreement 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.
vi. It is specifically understood that the Revegetation LOC is not subject
to successive partial releases, as authorized in paragraph 3.c. below.
Further, the Revegetation LOC, and the BOCC's associated right to
withdraw funds and bring a court action, may survive final release of
the LOC(s) and/or termination of this Agreement.
c. LOC Requirements. The LOC(s) required by this Agreement shall be
issued by a state or national banking institution acceptable to the BOCC.
If the institution issuing the LOC(s) is not licensed in the State of
Colorado and transacting business within the State of Colorado, the
LOC(s) shall be "confirmed" within the meaning of the Uniform
Commercial Code, Letters of Credit, §4-5-101 et seq., C.R.S., as amended,
by a bank that is licensed to do business in the State of Colorado, doing
business in Colorado, and acceptable to the BOCC. The LOC(s) shall
state that presentation of drafts drawn under the LOC(s) shall be at an
office of the issuer or confirmer located in the State of Colorado. The
LOC(s) shall be valid for a minimum of six (6) months beyond the
Completion Date and, as to the Revegetation LOC, a minimum of two (2)
years following recording of the Final Plat. If the time for completion of
Improvements, including revegetation, is extended by a written
amendment to this Agreement, the time period for the validity of the
LOC(s) shall be similarly extended by the Owner. For each six (6) month
extension, the face amount of the LOC(s), including the Revegetation
LOC, at the sole option of the BOCC, shall be subject to recertification of
cost of completion by Owner's Engineer and review by the BOCC for a
possible increase in the face amount of the LOC, in order to assure
sufficiency of the amount of security to allow possible completion of the
Improvements by the BOCC under terms of this Agreement. Additionally,
should the LOC(s) become void or unenforceable for any reason,
including bankruptcy of the Owner or the financial institution issuing or
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confirming the LOC, prior to the BOCC's approval of Owner's Engineer's
certification of completion of the Improvements, this Agreement shall
become void and of no force and effect and the Final Plat shall be vacated
pursuant to the terms of this Agreement.
d. Partial Releases of Security. Owner shall request partial release(s) of the
LOC(s) by means of submission to the Building and Planning Department
of a "Written Request for Partial Release of LOC," in the form attached as
Exhibit D, accompanied by the Owner's Engineer's Certificate of Partial
Completion of Improvements, stamped by Owner's Engineer. The
Owner's Engineer's seal shall certify that the Improvements have been
constructed in accordance with the requirements of this Agreement,
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(s)
as portions of the Improvements, other than revegetation, required
hereunder are certified as complete to the BOCC by the Owner's Engineer
and said certification is approved by the BOCC.
e. 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 may inspect and review the
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.
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, the BOCC shall deliver a letter of potential
deficiency to the Owner, within fifteen (15) days of submission of
Owner's Written Request for Partial Release of LOC accompanied by
Owner's Engineer's Certificate of Completion of Improvements.
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iii. If the BOCC delivers a letter of potential deficiency identifying a
portion of the certified Improvements as potentially deficient, then all
Improvements not identified as potentially deficient shall be deemed
complete, and the BOCC shall authorize release of the amount of
security related to the certified Improvements that are not identified as
potentially deficient.
iv. With respect to Improvements identified as potentially deficient in a
letter of potential deficiency, the BOCC shall have thirty (30) days
from the date of the letter to complete the initial investigation, begun
under subparagraph 3.e.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, then the BOCC shall authorize the
appropriate amount of security for release within ten (10) days after
completion of such investigation.
f. BOCC Completion of Improvements. If the BOCC finds, within the thirty
(30) day period of time defined in subparagraph 3.e.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,
the BOCC may withdraw and employ from the LOC(s) such funds as may
be necessary to construct the Improvements in accordance with the
specifications, up to the face amount, or remaining face amount, of the
LOC(s). In such event, the BOCC shall make a written finding regarding
Owner's failure to comply with this Agreement prior to requesting
payment from the LOC(s). In lieu of or in addition to drawing on the
LOC(s), the BOCC may bring an action for injunctive relief or damages
for the Owner's failure to adhere to the provisions of this Agreement. The
BOCC shall provide the Owner a reasonable time to cure any identified
deficiency(ies) prior to requesting payment from the LOC(s) or filing a
civil action.
g.
Final Release of Security.
i. Upon completion of all Improvements, 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 Agreement, including all Final Plat
Documents and the Preliminary Plan Approval, in hard copy and a
digital format acceptable to the BOCC; 2) copies of instruments
conveying real property and other interests which Owner is obligated
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to convey to the Homeowners' Association of the Subdivision or any
statutory special district or other entity by the terms of this Agreement,
unless escrowed in accordance with paragraph _ below; and 3) a
Written Request for Final Release of LOC, in the form attached as
Exhibit E, along with Owner's Engineer's Certificate of Final
Completion of Improvements.
ii. The BOCC shall authorize a final release of the LOC(s) 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, the BOCC shall authorize release of the
final amount of security within ten (10) days following submission of
the Owner's Written Request for Final Release of LOC accompanied
by the other documents required by this paragraph 3.g.
iii. 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.e. above shall
be followed.
iv. If the BOCC finds that the Improvements are complete, in accordance
with the relevant specifications, the BOCC shall authorize release of
the final amount of security within ten (10) days after completion of
such investigation. If necessary, the BOCC may complete remaining
Improvements in accordance with process outlined in Paragraph 3.f.
above.
h. Substitution of Letter of Credit. The BOCC, at its sole opinion, 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.
i. Recording of Final Plat. The Final Plat shall not be recorded until the
security described in this paragraph 3 has been received and approved by
the BOCC.
4. IMPROVEMENTS TO COUNTY ROAD 114. Conditions 5.0 and 5.01-09 of
BOCC Resolution 2005-84 relate to the coordination of improvements to County Road
114 with the potential re -alignment of such road by the Lake Springs Ranch Subdivision.
Pursuant to such conditions, and notwithstanding the provision of Paragraph 2 hereof
concerning the time for completion of the Improvements, the improvements to County
Road 114 specified in Exhibit A need not be commenced until two years after the date of
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this Agreement, or the approval of the application by the Lake Springs Ranch developers
to realign County Road 114, whichever occurs first. In the event the end of said two year
period falls between October 1 — March 31, Owner may commence construction as soon
as practicable when weather conditions permit.
5. DUST CONTROL. During construction of the Improvements, Owner shall be
responsible for all dust mitigation caused by the construction activities on on-site and off-
site roads.
6. RAPTOR SURVEY. Prior to initiation of construction of the Improvements,
Owner shall retain a qualified biologist to conduct a raptor nesting survey. If an active
raptor nest is found during the survey, heavy outdoor construction (e.g. earth moving),
will be prohibited within a radius of either 300 feet (if in a conifer) or 400 feet (if in an
aspen or cottonwood) until the young have fledged or the nest naturally fails. A typical
fledgling date for the area is July 1.
7. WATER SUPPLY AND WASTEWATER COLLECTION. Prior to issuance
of any certificates of occupancy by the BOCC for any residences or other habitable
structures located and constructed within the Subdivision, Owner shall install and connect
a water distribution system for potable water, fire protection and a wastewater/sewer
collection system in accordance with approved plans and specifications. All easements
and rights-of-way necessary for installation, operation, service and maintenance of such
water supply and distribution system and wastewater collection system shall be as shown
on the Final Plat. Conveyance of the system(s), including real and personal property
interests, from the Owner to the Landis Creek Metropolitan District and the Spring
Valley Sanitation District shall be in accordance with Paragraph , below. If a third
party water or sewer entity requires warranty of the system(s), Owner shall provide proof
to the BOCC that such warranty is in effect.
8. 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 _, below.
9. PUBLIC UTILITY RIGHTS-OF-WAY. Whether or not utility easements exist
elsewhere in the Subdivision, all road rights-of-way within the Subdivision, whether
public or private, shall contain rights-of-way for installation and maintenance of utilities.
Public utility easements shall be dedicated by the Owner and accepted by the BOCC, on
behalf of the public, on the face of the Final Plat and shall be identified in deeds
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conveying private roads to the HOA. The Homeowners' Association of 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 easements
within the Subdivision. In the event a utility company, whether publicly or privately
owned, requires separate conveyance by deed or otherwise, Owner shall also convey
utility easements by separate document.
10. OFF SITE IMPROVEMENTS. The Subdivision is located in Garfield County
Traffic Study Area No. . But for the provisions of this paragraph, the
Owner would be obligated to pay Road Impact Fees in accordance with the Garfield
County subdivision regulations. The BOCC, however, hereby waives payment of all
Road Impact Fees for the Subdivision upon the condition that Owner, in connection with
construction of the Improvements required by this Agreement and no later than the date
set forth in paragraph 2, above, shall undertake those improvements specified in Exhibit
A. Pursuant to Condition 5.09 of County Resolution 2005-84, the Phase 1 improvements
to CR 114 need not be commenced until 2 years after the date of this agreement, or the
approval of the application by the Lake Springs Ranch developers to realign CR 114,
whichever occurs first. In the event the end of said 2 -year period falls between October 1
- March 31, the Owner may commence construction as soon as practicable when weather
conditions permit. Except for Phase 1 Improvements to County Road 114, prior to
issuance of any certificates of occupancy by the BOCC for any residences or other
habitable structures located and constructed within the Subdivision, Owner shall install,
consistent with the construction plans identified in paragraph 2.a. above, and all other
terms of this Agreement, the off-site Improvements identified in Exhibit A. Security for
completion of off-site Improvements is included in the letter(s) of Credit identified in
paragraph 3 above. Said off-site Improvements include improvements to County Roads,
identified as County Road 114 on the official County Road Map incorporated in BOCC
Resolution No. 2003-113, as amended, the "Garfield County Road and Right -of -Way Use
Regulations." Owner shall obtain a permit from the Road and Bridge Department
allowing work in the C.R. right-of-way ("Permit") in accordance with the approved
plans for construction of said Improvements.
11. CONVEYANCE OF OPEN SPACE, TRAILS AND ROAD RIGHTS-OF-
WAY/WATER SUPPLY SYSTEM/WASTEWATER COLLECTION SYSTEM. In
addition to all dedications contained within the Final Plat, all common areas and trails for
the Spring Valley Ranch P.U.D., and those utility easements appurtenant to the Water
Supply System, Wastewater Collection System(s), and Private Roads as are necessary for
Phase 1 shall be conveyed by deed at the time of Final Plat Approval and shall be
recorded following recordation of the Final Plat. If such deeds cannot be recorded with
the Clerk and Recorder at the same time as the Final Plat and this Agreement are filed,
Owner shall execute and deliver such deeds into escrow with Land Title Guarantee
Company, Glenwood Springs, Colorado, pursuant to the terms and conditions of the
standard escrow agreement for Land Title. Owner shall deliver to the BOCC a copy of
the fully executed Escrow Agreement within a reasonable time following mutual
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execution of this Agreement, but need not record such instrument. The Escrow
Agreement shall provide:
Land Title shall hold such deeds until the earlier of: a) receipt of a written
notice signed only by Owner notifying Land Title that the work required
of the Owner in this Agreement has been completed and approved as
complete by the BOCC; or b) receipt of a written notice signed only by the
BOCC stating that Owner has failed to comply with the terms and
conditions of this Agreement; or c) the Completion Date specified in
paragraph 2, above, or as extended in accordance with paragraph of
this Agreement; and
ii. Upon the first to occur of the foregoing events, Land Title shall cause such
deeds to be recorded in the records of the Garfield County Clerk and
Recorder.
12. 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 Agreement. 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 be required to 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 Sovereign Immunity granted to the BOCC by
Colorado statutes and case law.
13. FEES IN LIEU OF DEDICATION OF SCHOOL LAND. The Owner shall
make a cash payment in lieu of dedicating land to the Roaring Fork School District,
calculated in accordance with the Garfield County subdivision regulations and the
requirements of state law. The cash in lieu payment is equal to the unimproved per acre
market value of the land multiplied by the land dedication standard, multiplied by the
number of units in the Subdivision. The Owner and the BOCC acknowledge and agree
that the cash in lieu payment for the Subdivision is calculated as follows:
Unimproved per acre market value of land, based upon an
appraisal submitted to the BOCC by Owner as required in
the Garfield County subdivision regulations: $7,400; and
Land dedication standard provided in the Garfield County
subdivision regulations: 50 single-family dwelling units x
10
0.02 acres plus 0 multi family dwelling units x 0.015 acres
• equals 1.0 acres; and
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Total amount of cash in lieu payment: $7,400 x 1.0 =
$7,400.
The Owner, therefore, shall pay to the Garfield County Treasurer, at or prior to the time
of recording of the Final Plat, Seven Thousand Four Hundred Dollars ($7,400) as a
payment in lieu of dedication of land to the Roaring Fork School District. Said fee shall
be transferred by the BOCC to the school district in accordance with the provisions of
§30-28-133, C.R.S., as amended, and the Garfield County subdivision regulations.
The Owner agrees that it is obligated to pay the above -stated fee, accepts such obligation,
and waives any claim that Owner is not required to pay the cash in lieu of land dedication
fee. The Owner agrees that Owner will not claim, nor is Owner entitled to claim,
subsequent to recording of the Final Plat, a reimbursement of the fee in lieu of land
dedication to the Roaring Fork School District.
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.
15. BUILDING PERMITS AND CERTIFICATES OF OCCUPANCY. As one
remedy for breach of this Agreement, the BOCC may withhold issuance of building
permits for any residence or other habitable structure requiring a permit to be constructed
within the Subdivision. Further, no building permit shall be issued unless the Owner
demonstrates to the satisfaction of the Glenwood Springs Rural Fire Protection District
("District") that there is adequate water available to the construction site for the
District's purposes and all applicable District fees have been paid to the District. Further,
the parties agree that no certificates of occupancy shall issue for any buildings or
structures, including residences, within the Subdivision until all on-site and off-site
Improvements have been completed and are operational as required by this Agreement.
Owner shall provide the purchaser of a lot, prior to conveyance of the lot, a signed copy
of a form in substantially the same form as attached as Exhibit F, concerning the
restrictions upon issuance of building permits and certificates of occupancy detailed in
this Agreement, Final Plat Approval and Preliminary Plan Approval.
16. ENFORCEMENT. In addition to any rights which may be provided by
Colorado statute, the withholding of building permits and certificates of occupancy
provided for in paragraph 11 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 Agreement. Nothing in this Agreement, however,
shall be interpreted to require the BOCC to bring an action for enforcement or to
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withhold permits or certificates or to withdraw and use security. Nor shall this paragraph
or any other provision of this Agreement be interpreted to permit the purchaser of a lot to
file an action against the BOCC.
17. CONSENT TO VACATE PLAT. In the event the Owner fails to comply with
the terms of this Agreement, 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 survey, legal description and a plat
showing the location of any portion of the Final Plat so vacated and shall record the plat
in the Office of the Garfield County Clerk and Recorder. If such plat is not recorded 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 Subdivision as a multi -phased
project and, therefore, in the event the BOCC vacates the Final Plat as to the Subdivision,
subject of this Agreement, the BOCC may also withhold approval of a final plat for a
future phase if on-site or off-site Improvements covered by this Agreement are not
completely installed and operable.
18. NOTICE BY RECORDATION. This Agreement 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 Subdivision. Such recording shall constitute
notice to prospective purchasers or other interested parties as to the terms and provisions
thereof.
19. 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.
20. IDENTIFICATION OF CONTRACT ADMINISTRATORS AND NOTICE
PROVISIONS. All notices required or permitted by this Agreement shall be in writing
and shall be deemed effective when received by the recipient party via personal or
messenger service delivery, facsimile transmission or United States certified mail
(postage prepaid, return receipt requested), in all cases addressed to the person for whom
it is intended at the address or facsimile number set forth below:
Owner:
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w/copy to representative:
BOCC: Board of County Commissioners
of Garfield County, Colorado
c/o Planning Director
108 Eighth Street, Room 201
Glenwood Springs, CO 81601
Phone: (970) 945-8212
Fax: (970) 384-3470
The Representatives of the Owner and the BOCC, identified above, are the authorized
representatives of the parties for purposes of contact administration and notice under this
Agreement.
• 21. AMENDMENT. This Agreement may be modified from time to time, but only
in writing signed by the parties hereto, as their interests then appear. The parties,
however, may change the identification of notice recipients and contract administrators
and the contact information, provided in paragraph 16 above, in accordance with the
notice provisions and without formal amendment of this Agreement.
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22. COUNTERPARTS. This Agreement 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.
23. VENUE AND JURISDICTION. Venue and jurisdiction for any cause arising
out of or related to this Agreement shall lie with the District Court of Garfield County,
Colorado, and this Agreement shall be construed according to the laws of the State of
Colorado.
IN WITNESS WHEREOF, the parties have signed this Agreement to be
effective upon the date of Final Plat Approval for the Subdivision.
BOARD OF
COUNTY COMMISSIONERS
GARFIELD COUNTY, COLORADO
13
ATTEST:
Clerk to the Board
By:
Chairman
Date:
SPRING VALLEY HOLDINGS, LLC
a Delaware Limited Liability Company
By:
(Name and Title)
Date:
Owner
14
•
•
•
STATE OF COLORADO
COUNTY OF Garfield County
)
) ss
Subscribed and sworn to before me by
an authorized representative of , Owner of the Subdivision, this
day of , 200_.
WITNESS my hand and official seal.
My commission expires:
Notary Public
STATE OF COLORADO
) ss
COUNTY OF Garfield County
Subscribed and sworn to before me by
an authorized representative of ,Developer of the
Subdivision, this day of , 200 .
WITNESS my hand and official seal.
My commission expires:
Notary Public
15
•
Spring Valley Ranch P.U.D. Phase 1, Final Plat
Exhibit A
On -Site and Off -Site Improvements
October 15, 2007
INFRASTRUCTURE
ITEM
CONSTRUCTION ITEM
CONSTRUCTION
QUANTITIES
UNITS
PHASE 1 ROADS
LENGTH OF PHASE 1 ROADS
29,082
LF
R-1
clearing and grubbing timber
0
SF
R-2
clearing and grubbing brush•
1,673,639
SF
R-3
Compacted Fill from on-site excavation
68,175
CY
R-4 _
Import & compact fill material
0
CY
R-5
excavation and Disposal of excess cut material
3,929
CY
R-6
excess rock removal
21,436
CY
R-7
rock blasting (Assume 3% of total cut)
3,215
CY
R-8
MSE fill & cut retaining wall
82,283
SFF
R-9
scarify and recompact insitu soil
999,980
SF
R-10
road aggregate base course (assuming 9" depth)
764,427
CF
R-11
road hot bituminous pavement (assuming a 3" depth)
254,809
CF
R-12
Curb and Gutter
12039
LF
R-13
Cor -ten steel guardrail & wood posts
4,221
LF
R-14
revegetation
673,659
SF
R-15
painting and striping
87,246 LF
R-16
traffic signs
39 EA
Total Phase 1 Roads
114 & 115 Off-site Roads
Total lengths of County Roads 114 & 115
12,401 LF
111
OSR-1
Traffic control
1
LS
OSR-2
Pulverize (Rotomill) existing asphalt/chip and seal
241563
SY
OSR-3
clearing and grubbing timber
0
SF
OSR-4
clearing and grubbing brush
744,270
SF
OSR-5
Compacted Fill from on-site excavation
9,019
CY
OSR-6
Import & compact fill material
0
CY
OSR-7
excavation and Disposal of excess cut material
25,440
CY
OSR-8
excess rock removal
9,066
CY
OSR-9
rock blasting (Assume 3% of total cut)
1,360
CY
OSR-10
MSE fill & cut retaining wall
8,335
SFF
OSR-11
scarify and recompact insitu soil
482,721
SF
OSR-12
road aggregate base course (assuming 8" depth)
315,752
CF
OSR-13
road hot bituminous pavement (assuming a 4" depth)
157,876
CF
OSR-14
Curb and Gutter
4,545
LF
OSR-15
Cor -ten steel guardrail & wood posts
751
LF
OSR-16
revegetation
261,549
SF
OSR-17
painting and striping
37,205
LF
OSR-18
traffic signs
17
EA
OSR-19
Additional Length for Alternate CR 114 Alignment
1,462
LF
Total for 114 & 115 Off-
site Roads
Water System
WS -1 112 inch DIP w/valves and fittings
31,591 LF
WS -2 110 inch DIP w/valves and fittin•s
0 LF
WS -3
8 inch DIP w/valves and fittings
2,829 LF
WS -4
6 inch DIP w/valves and fittings
68 LF
WS -5
fire hydrants w/ tee, valve, etc.
34 EA
Page 1 of 3
H:1012691171Submittal Files\Section 61Overall Cost Estimate.xis - On -Site and Off -Site Inventory]
Spring Valley Ranch P.U.D. Phase 1, Final Plat
Exhibit A
On -Site and Off -Site Improvements
October 15, 2007
INFRASTRUCTURE
ITEM
CONSTRUCTION ITEM
CONSTRUCTION
QUANTITIES UNITS
WS -6
air/vacuum valve vault
61 EA
WS -7
PRVstation
7' EA
WS -8
Pump Station & telemetry
01 EA
WS -9
Check Valve vault
0 EA
WS -10
12" water service lines to ranch lots
0
LF
WS -11
2" water service lines with curbstop
55
EA
WS -12
developed well w/ telemetry
2
EA
WS -13
chlorinator station 300 gpm
0
EA
WS -14
chlorinator station 100 gpm
2
EA
WS -15
36" Pipe chlorine contact chambers
60
LF
WS -16
booster pump station w/PRV & telemetry
0
EA
WS -17
1 million gal storage tank w/site prep & valve vault
1
EA
WS -18
.5 million gal storage tank w/site prep & valve vault
0
EA
WS -19
trench rock excavation (blasting)
8,703
CY
WS -20
Targe trench rock disposal
17,406
CY
WS -21
imported bedding and backfill
17,406
CY
WS -22
revegetation trench areas not in road row
22,5981 SY
Total Water System
Sewer System
SS -1
12 inch SDR -35 PVC sewer pipe
2,866
LF
SS -2
8 inch SDR -35 PVC sewer pipe
24,646
LF
SS -3
4 -ft dia. sanitary sewer manholes
131
EA
SS -4
low pressure sewer main
0
LF
SS -5
low pressure sewer main cleanout/air-vac
0
EA
SS -6
1 gravity sewer service lines with tap on main
55
LF
SS -7
pressure sewer service lines with tap on main
0
LF
SS -8
trench rock excavation (blasting)
6,277
CY
SS -9
large trench rock disposal
12,553
CY
SS -10
imported bedding and backfill
12,553
CY
SS -11
revegetation trench areas not in road row
30,500
SY
SS -12
sewer lift station
0
EA
Total Sewer System
Natural Gas
NG -1
Trenching and Backfill for gas service lines to lot/building
envelope ( including materials & installation)
2,7501 LF
NG -2
gas main - Onsite (matls & instlltn)
30,3461 LF
NG -3
gas main - Offsite
9,845; LF
NG -4 ,
imported bedding and backfill
6,3621 CY
NG -5
revegetation trench areas not in road row
11,5011 SY
Total Natural Gas
Drainage _ _
D-1 112 inch road culverts - ADSN12
2,011
LF
D-2 118 inch road culverts - ADSN12
4281 LF
D-3 124 inch road culverts - ADSN12
1,232; LF
D-4 130 inch road culverts - ADSN12
45 LF
D-5 ;36 inch road culverts - ADSN12
148, LF
1
D-6 148 inch road culverts - ADSN12
611 LF
Page 2 of 3
H:\01269\17\Submittal Files\Section 6\Overall Cost Estimate.xls - On -Site and Off -Site Inventory]
Spring Valley Ranch P.U.D. Phase 1, Final Plat
Exhibit A
On -Site and Off -Site Improvements
October 15, 2007
INFRASTRUCTURE
ITEM
CONSTRUCTION ITEM
CONSTRUCTION
QUANTITIES
1 UNITS
D-7
12 inch road culverts - RCP
1,034;
LF
D-8
18 inch road culverts - RCP
224
LF
D-9
24 inch road culverts - RCP
222'
LF
D-10
30 inch road culverts - RCP
1661
LF
D-11
36 inch road culverts - RCP
01
701
LF
LF
D-12
48 inch road culverts - RCP
D-13
Homestead detention basin - excavation and off-site
disposal of excess cut material
80,4891
CY
Homestead detention basin - compacted fill from on-site
D-14 lexcavation
13,559
CY
D-15 Homestead Detention Basin Outlet Structure
1'
EA
D-16
Pond P-2 Detention Basin - excavation and off-site
disposal of excess cut material
01
CY
D-17
Pond P-2 Detention Basin - compacted fill from on-site
excavation
706
CY
D-18
Pond P-2 Detention Basin Outlet Structure
1
EA
D-19
I Nyloplast inlets 2'x3'
231
EA
D-20
Precast Concrete Ditch Inlet 4'
42,
EA
D-21
Precast Concrete Ditch Inlet 6'
4'
EA
D-22
1 Stilling Basins 4'
57
EA
D-23
Stilling Basins 5'
151
EA
10 D-24
Stilling Basins 6'
21
EA
D-25
4' dia. Storm sewer manholes
31
EA
Total Drainage
Electric System 1
ES -1 3 phase power - Underground 1 27,5451
LF
ES -2 single phase power - Onsite Underground
13,6451
LF
Total Electric System
Telephone
1
TCTV-1 toff
site telephone (underground fiber optic)
18,8711
LF
TCTV-2
on site telephone
30,3711
LF
TCTV-3
MUX box
2
EA
TCTV-4 _Television
Service
40,191
LS
Total Telephone &
Television Service
Best Management Practices
BMP -1
Dust Control
1
LUMP SUM
BMP -2
Erosion Control and BMPs
1'
LUMP SUM
BMP -3
Misc. Revegetation
1
LUMP SUM
Total Best Management
Practices
Page 3 of 3 H:\01269\171Submittal Files\Section 6\Overall Cost Estimate.xls - On -Site and Off -Site Inventory]
Spring Valley Ranch P.U.D. Phase 1, Final Plat
Exhibit B
Estimate of Cost of Completion of On -Site and Off -Site Improvements
October 15, 2007
I INFRASTRUCTURE
ITEM
1 CONSTRUCTION
CONSTRUCTION ITEM QUANTITIES
UNITS
UNIT
PRICES
TOTAL PRICE
PHASE 1 ROADS
LENGTH OF PHASE 1 ROADS
29,082
LF
R-1
clearing and grubbing timber
clearing and grubbing brush
0
1,673,639
SF
SF
$0.10
$0.07
$120,067.08
R-2
R-3
Compacted Fill from on-site excavation
68,175
CY
$23.30
$1,588,477.50
R-4
Import & compact fill material
0
CY
$11.65
$0.00
R-5
excavation and Disposal of excess cut material
3,929 CY
$10.80
$42.433.20
R-6
excess rock removal
21,436 CY
$10.80
$231,508.80
R-7
rock blasting (Assume 3% of total cut)
3,215 CY
$25.00
$80,375.00
R-8
MSE fill & cut retaining wall
82,283 SFF
$38.75
$3,188,455.79
R-9
scarify and recompact insitu soil
999,980 SF
$0.11
$111,108.89
R-10
road aggregate base course (assuming 9" depth)
764,427 CF
$1.77
$1,356,574.80
R-11
road hot bituminous pavement (assuming a 3" depth)
254,809 CF
$6.00
$1,528,854.00
R-12
Curb and Gutter
12039 LF
$18.50
$222,721.50
R-13
Cor -ten steel guardrail & wood posts
4,221 LF
$30.00
$126,630.00
R-14
revegetation
673,659 SF
$0.06
$43,413.58
R-15
painting and striping
87.246 LF
$0.55
$47,985.30
R-16
traffic signs
39 EA
$350.00
$13,650.00
Total Phase 1 Roads
$8,702,255.44
114 & 115 Off-site Roads
Total lengths of County Roads 114 & 115
12,401
LF
OSR-1
Traffic control
1
LS
$445,820.53
$445,820.53
OSR-2
Pulverize (Rotomill) existing asphalt/chip and seal
241563
SY
$1.50
$362,344.50
OSR-3
clearing and grubbing timber
0
SF
$0.10
$0.00
OSR-4
clearing and grubbing brush
744,270
SF
$0.07
$53.394.03
OSR-5
Compacted Fill from on-site excavation
9.019
CY
$12.82
$115,623.58
OSR-6
Import & compact fill material
0
CY
$11.65
$0.00
OSR-7
excavation and Disposal of excess cut material
25.440
CY
$10.80
$274,752.00
OSR-8
excess rock removal
9,066
CY
$10.80
$97,912.80
'
OSR-9
rock blasting (Assume 3% of total cut)
1,360
CY
$25.00
$34,000.00
OSR-10
MSE fill & cut retaining wall
8.335
SFF
$38.75
$322,994.81
OSR-11
scarify and recompact insitu soil
482.721
SF
$0.11
$53,635.67
OSR-12
road aggregate base course (assuming 8" depth)
315.752
CF
$1.77
$560,342.85
OSR-13
road hot bituminous pavement (assuming a 4' depth)
157,876
CF
$6.00
$947.256.00
OSR-14
Curb and Gutter
4,545
LF
$18.50
$84.082.50
OSR-15
Cor -ten steel guardrail & wood posts
751
LF
$30.00
$22,530.00
OSR-16
revegetation
261,549
SF
$0.06
$16,855.38
OSR-17
painting and striping
37.205
LF
$0.55
$20,462.75
OSR-18
traffic signs
17
EA
$350.00
$5,950.00
OSR-19
Additional Length for Altemate CR 114 Alignment
1.462
IF
$239.67
_ $350,295.61
Total for 114 & 115 Off-site
Roads
$3,768,253.01
Water System
WS -1
12 inch DIP w/valves and fittings
31,591
LF
$73.80
$2,331,408.42
WS -2
10 inch DIP w/valves and fittings
0
LF
$64.70
$0.00
WS -3
8 inch DIP w/valves and fittings
2,829
LF
$55.60
$157,319.64
WS -4
6 inch DIP w/valves and fittings
68
LF
$46.50
$3,148.05
WS -5
fire hydrants w/ tee, valve, etc.
34
EA
$5,712.001 $194,208.00
WS -6
air/vacuum valve vault
6
EA
$4,263.00 525,578.00
WS -7
PRVstation
7
EA
$38,063.00 $266,441.00
WS -8
Pump Station & telemetry
0
EA
$113,500.00 50.00
WS -9
Check Valve vault
0
EA
$4,000.00 $0.00
WS -10
12" water service lines to ranch lots
0
LF
$10,500.001 $0.00
WS -11
2" water service lines with curbstop
55
EA
$2,600.00
$143.000.O0
WS -12
developed well w/ telemetry
2
EA
$83,270.00l $166,540.00
WS -13
chlorinator station 300 gpm
0
EA
$130,000.00
$0.00
WS -14
chlorinator station 100 gpm
2
EA
$80,000.00
5160.000.00
WS -15
36" Pipe chlorine contact chambers
60
LF
$250.00
$15,000.00
WS -16
booster pump station w/PRV & telemetry
0
EA
$120,163.00
$0.00
WS -17
1 million gal storage tank w/site prep & valve vault
1
EA
$835,000.00
$835,000.00
WS -18
.5 million gal storage tank w/site prep & valve vault
0
EA
5385,000.00
$0.00
WS -19
trench rock excavation (blasting)
8.703
CY
$25.00
$217,572.19
' WS -20
large trench rock disposal
17,406
CY
$12.00
$208.869.30
WS -21
imported bedding and backfill
17,406
CY
$7.65
$133,154.18
WS -22
revegetation trench areas not in road row
22,598
SY
$0.79
$17,852.68
Total Water System
54,875,091.47
Page 1 of 3
H:\01269\17\Submittal Files\Section 6\0verall Cost Estimate.xls - Infrastructure Cost Estimate
Spring Valley Ranch P.U.D. Phase 1, Final Plat
Exhibit B
Estimate of Cost of Completion of On -Site and Off -Site Improvements
October 15, 2007
INFRASTRUCTURE
ITEM
CONSTRUCTION ITEM
CONSTRUCTION
QUANTITIES
UNITS
UNIT
PRICES
TOTAL PRICE
Sewer System
SS -1
12 inch SDR -35 PVC sewer pipe
2,866
LF
$49.50
$141,867.00
SS -2
8 inch SDR -35 PVC sewer pipe
24,646
LF
$41.50
$1,022,809.00
SS -3
4 -ft dia. sanitary sewer manholes
131
EA
$4,318.00
$565,658.00
SS -4
low pressure sewer main
0
LF
$0.00
SS -5
low pressure sewer main cleanout/air-vac
0
EA
$0.00
SS -6
gravity sewer service lines with tap on main
55
LF
$2,725.00
$149,875.00
SS -7
pressure sewer service lines with tap on main
0
LF
$0.00
$0.00
SS -8
trench rock excavation (blasting)
6,277
CY
$25.00
$156,914.07
SS -9
large trench rock disposal
12,553
CY
$12.00
$150,637.51
SS -10
imported bedding and backfill
12,553
CY
$7.65
$96,031.41
SS -11
revegetation trench areas not in road row
30,500
SY
$0.79
$24,095.00
SS -12
sewer lift station
0
EA
5180,000.00
$0.00
Total Sewer System
$2,307,887.00
Natural Gas
NG -1
Trenching and Backfill for gas service lines to lot/building
envelope ( including materials & installation)
2,750
LF
$30.00
582,500.00
NG -2
gas main - Onsite (mails & instlltn)
30,346
LF
$29.01
$880,323.83
NG -3
gas main - Offsite
9,845
LF
$29.01
$285,603.45
NG -4
imported bedding and backfill
6,362
CY
$7.65
$48,665.93
NG -5
revegetation trench areas not in road row
11,501
SY
50.79
$9,085.88
Total Natural Gas
$1,306,179.09
Drainage
D-1
12 inch road culverts - ADSN12
2,011
LF
$40.00 $80.440.00
0-2
18 inch road culverts - ADSN12
428
LF
545.831 $19,616.67
D-3
24 inch road culverts - ADSN12
1,232
LF
$58.33 $71,866.67
D-4
30 inch road culverts - ADSN12
45
LF
$66.67 $3,000.00
0-5
36 inch road culverts - ADSN12
148
LF
585.00 512,580.00
D-6
48 inch road culverts - ADSN12
61
LF
$116.67
$7,116.67
D-7
12 inch road culverts - RCP
1,034
LF
$60.00
$62,040.00
D-8
18 inch road culverts - RCP
224
LF
$70.83
$15,866.67
D-9
24 inch road culverts - RCP
222
LF
$88.33
$19.610.00
D-10
30 inch road culverts - RCP
166
LF
$101.67
$16,876.67
D-11
36 inch road culverts - RCP
0
LF
$125.00
$0.00
D-12
48 inch road culverts - RCP
70
LF
$161.67
$11,316.67
D-13
Homestead detention basin - excavation and off-site
di posal of excess cut material
Homestead detention basin - compacted fill from on-site
excavation
80,489
13,559
CY
CY
$10.80
$23.30
$869,283.36
5315,924.70
D-14
D-15
Homestead Detention Basin Outlet Structure
1
EA
560,000.00
$60,000.00
0-16
Pond P-2 Detention Basin - excavation and off-site
disposal of excess cut material
0
CY
$10.80
$0.00
D-17
Pond P-2 Detention Basin - compacted fill from on-site
excavation
706
CY
$23.30
$16,440.71
D-18
Pond P-2 Detention Basin Outlet Structure
1
EA
$10,251.33
$10,251.33
D-19
Nyloplast inlets 2'x3'
23
EA
$2,700.00
$62,100.00
D-20
Precast Concrete Ditch Inlet 4'
42
EA
53.500.00
$147,000.00
D-21
Precast Concrete Ditch Inlet 6'
4
EA
$4,500.00
518,000.00
D-22
Stilling Basins 4'
57
EA
$2,000.00
$114,000.00
D-23
Stilling Basins 5'
15
EA
$2.500.00
537,500.00
D-24
Stilling Basins 6'
2
EA
$3.000.00
56,000.00
D-25
4' dia. Storm sewer manholes
3
EA
$4,318.00
$12,954.00
Total Drainage
51,989,784.11
Electric System
ES -1
3 phase power - Underground
27,545
LF
558.75
$1,618,268.75
ES -2
single phase power - Onsite Underground
13,645
LF
$40.00
$545,800.00
Total Electric System
$2,164,068.75
Telephone
TCTV-1
off site telephone (underground fiber optic)
18,871
LF
552.50
5990.727.50
TCTV-2
on site telephone
30,371
LF
$41.59
$1,263,139.46
TCTV-3
MUX box
2
EA
$300,000.00
$600,000.00
TCTV-4
Television Service
40,191
LS
541.59
$1,671,524.14
Total Telephone &
Television Service
54,525,391.10
Page 2 of 3
H:1012691171Submittal Files\Section 61Overall Cost Estimate.xls - Infrastructure Cost Estimate
Spring Valley Ranch P.U.D. Phase 1, Final Plat
Exhibit B
Estimate of Cost of Completion of On -Site and Off -Site Improvements
October 15, 2007
INFRASTRUCTURE
ITEM CONSTRUCTION ITEM
CONSTRUCTION
QUANTITIES
UNITS
UNIT
PRICES TOTAL PRICE
Best Management Practices
BMP -1 I Dust Control
1
LUMP SUM
$152,000.00
$152,000.00
BMP -2
Erosion Control and BMPs
1
LUMP SUM
$116,000.00
$116,000.00
BMP -3
Misc. Revegetation
1
LUMP SUM
$150,000.00
$150,000.00
Total Best Management
Practices
$418,000.00
TOTAL ESTIMATED
CONSTRUCTION
COST:
Total Project Constructed
$30,056,909.96
Page 3 of 3 H:101269\17\Submittal Files\Section 6\Overall Cost Estimate.xls - Infrastructure Cost Estimate
EXHIBIT A
• On -Site and Off -Site Improvements
•
•
16
EXHIBIT B
• Estimate of Cost of Completion of On -Site and Off -Site Improvements
•
17
•
•
•
EXHIBIT C
Form of Letter of Credit
IRREVOCABLE STANDBY LETTER OF CREDIT
Reference #:
Amount:
Date of Issue:
Expiration Date:
BENEFICIARY: Board of County Commissioners of Garfield County
("Beneficiary" or "BOCC")
108 8th Street, Suite 213
Glenwood Springs, CO 81601
ACCOUNT PARTY/Applicant:
Establishment/Face Amount/Purpose/Expiration Date/Transferability
We hereby establish/issue/open, at the request of the Applicant/Account Party,
Irrevocable Standby Letter of Credit No. in an amount not to exceed
Thousand Hundred Dollars and
Cents ($ ). 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"). This Letter of Credit expires at Bank, at
p.m. Mountain 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].
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
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obligations set forth in that certain Subdivision Improvements Agreement
between Spring Valley Holdings, LLC and the BOCC, dated
and recorded as Reception Number
in Book at Page
of the Real Estate Records of the Office of the Garfield
County Clerk and Recorder.
2. The original Letter of Credit, endorsed on the reverse side with the words:
"Drawn by the Board of County Commissioners of Garfield County,
Colorado in the amount of $ ," 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 by Applicant/Account party 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 (
Revision), International Chamber of Commerce Publication Number 500 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.
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EXHIBIT D
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 PUD
This request is written to formally notify the BOCC of work completed for Spring Valley
Ranch PUD. 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
$ , 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
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EXHIBIT E
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 PUD
This request is written to formally notify the BOCC of work completed for Spring Valley
Ranch PUD. 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.
Attached is the certified original cost estimate and work completed schedule, showing:
Engineers Cost Estimate
Work Completed
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
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EXHIBIT F
Notice Regarding Building Permits
And Certificates Of Occupancy
TO: ALL PURCHASERS OF HOME SITES WITHIN SPRING VALLEY
RANCH P.U.D.
YOU ARE HEREBY NOTIFIED under applicable Garfield County regulations, you may not
commence construction of a residence within unincorporated Garfield County, including Spring Valley
Ranch P.U.D., prior to issuance of a building permit by Garfield County. Under the terms of the
Subdivision Improvements Agreement between Garfield County and Spring Valley Holdings, LLC,
Garfield County will not issue building permits for property in Spring Valley Ranch P.U.D., until:
1. The Owner/Developer has demonstrated to the satisfaction of the Glenwood Springs Rural Fire
Protection District that adequate water is available to the construction site for the Fire District's
purposes.
2. A site-specific geo-technical study, completed by a registered Geo -Technical Engineer, has been
presented to the Building and Planning Department for review, along with a registered design
professional's certification that the structure design is based on the site-specific study.
Additionally, Garfield County will not issue Certificates of Occupancy for any structures within
Spring Valley Ranch P.U.D., until all of the subdivision improvements have been completed and are
operational in accordance with the Subdivision Improvements Agreement between Garfield County and
Spring Valley Holdings, LLC.
OWNER/SUBDIVIDER:
Spring Valley Holdings, LLC
By:
The foregoing Notice was read and understood by the undersigned Purchaser of a home site within
Spring Valley Ranch P.U.D., this day of 200_.
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PURCHASER:
(Type Name)
(Type Address )