HomeMy WebLinkAbout07.03 Amendment to SIA 10.16.1995ORIGuNiALFEGomE WITH
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AMENDMENT TO
SUBDIVISION IMPROVEMENT AGREEMENT Mi`_DR ') A SD RF
GARFiEL D COUNTY CLERK
C,(. /0•/7.9.5
This Amendmentg to Agreement is made and entered into this / 7 — day IWOctober,1995
between WESTBANK MESA LIMITED PARTNERSHIP, a Colorado limited partnership, (Owner)
and the BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO,
(County).
WITNESSETH:
WHEREAS, on May 11, 1994, the Owner and the County entered into a Subdivision
Improvement Agreement pertaining to certain property described in Exhibit A to the Agreement,
which Agreement was recorded in the office of the Clerk and Recorder of Garfield County, Colorado
as Reception No. 463061 in Book 902 at Page 274 (Agreement); and
WHEREAS, the Agreement required the Owner to construct certain improvements upon the
property the subject of the Agreement, including landscaping of portions thereof; and
WHEREAS, paragraph 2 of the Agreement required the Owner to deliver a letter of credit
as security for the construction of the improvements, including landscaping, and also allowed the
Owner to substitute other collateral acceptable to the County for collateral to secure the completion
of the improvements; and
WHEREAS, the landscaping as required by the Agreement and as specifically set forth in
Exhibit C to the Agreement is presently inadequate as appears in report of David K. Gallagher
attached hereto as Exhibit A; and
WHEREAS, the Owner has agreed to extend the compliance period of the Agreement to
May 11, 1997; and
WHEREAS, the Owner has agreed to retain on deposit with the Treasurer of the County of
Garfield, State of Colorado the sum of $10,000.00 as security for the completion of the landscaping.
NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE PREMISES AND THE
FOLLOWING MUTUAL COVENANTS AND AGREEMENTS, THE PARTIES HEREBY
AGREE AS FOLLOWS:
1. As security for the fulfillment and completion of the landscaping, the Owner shall
retain on deposit with the Treasurer of Garfield County, Colorado the sum of $10,000.00. This sum
shall be so retained until the County receives a notification in writing certified by the landscape
professional executing the document attached to the Agreement as Exhibit C that such landscaping
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is complete and is no longer in need of revegetation. Said certification shall be concurred in by the
office of the Planner of Garfield County, Colorado.
2. The compliance period of the Agreement is extended to May 11, 1997.
3. Except as herein provided, all other terms and conditions of the Agreement are hereby
ratified and confirmed.
4. The Owner shall record an executed copy of this Amendment to the Agreement with
the office of the Clerk and Recorder of Garfield County, Colorado.
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the day
and year set opposite the name of each.
Date: /G' ._ /ea _ c1
Date: /6'4 6. -96-
Attest:
Cle to the Board
WESTBANK MESA LIMITED PARTNERSHIP
By: D.V. DEVELOPMENT CO., INC.
a Colorado corporation,
General Partner
By.
John Huebinger, President
BOARD OF COUNTY COMMISSIONERS OF
GARFIELD COUNTY, COLORADO
By:
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i)/12 '95 16:21 ID:
FAX:970-9259369 PAGE 2
EXHIBIT A
TO: Mark Bean & P1
Garfield Building
FR: David K.Gallcigher
RE: WEST BANK RE -VEGETATION REPORT
The above area was scouted and plant inventory recorded on
September 21,1995. The following is a report of re -seeded
grasses.
I divided the area by UPPER 1 AND LOWER 3. The UPPER 4 ave-
raged three [3+] grass plants per square foot. The LOWER
averaged five [51 grass plants per square foot. Predominate
species is creasted and Intermediate wheatgrass. Brorne and
Pubescent wheatgrass is also represented. Nath UPPER and
LOWER grass stands were in advanced stages and shtteringboth
seeds that will be 1996 seedlings. Undesirable plan
areas are few except in bottom six [6] feet near road. In
summary, the steep banks will continue to improve with the
present grass varieties provided irrigation is provided.
In the bottom bowl area where gravel and disturbed soil is
present, the most serious problems exist. The following is
the plant inventory for that area
GARFIELD COUNTY
WEED AND PEST
108 8th Street, Suite 307 Bus: (303) 945.7437
Glenwood Springs, CO 81601.3303 (303) 625-6571
October 4,1995
Yellow Sweetclover
White Sweetclove:r
Canada 'thistle *
Rabbit Brush
Prickly Lettuce
Curlycup Gumweed
Russian Thistle
Koc:hia
Common Mullein
Curly Dock *
Redroot Pigweed
Russian Knapweed
Plutrless Thistle
Musk Thistle *
Common Mallow *
Prostrate Pigweed
Prostrate Pigweed
Downy Brume
All species are well represented. Perennial
are denoted with a star, and are appro piat;e
Erosion control methods at time of re -vegetation appear to be
working adequately.
k
and
for
Biennial species
fall control.
CC to BOCC
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