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HomeMy WebLinkAbout2.0 BOCC Staff Report 05.16.2011Exhibits — Elk Springs, Filing 9 Final Plat Board of County Commissioners 5/16/11 -fav) noival Wu_ 744/> Exhibit Letter AtoZ Exhibit A Unified Land Use Resolution of 2008, as amended B Comprehensive Plan 2030 C Application D Staff Memorandum E Memo dated February 17, 2011 from Jason Neil, Deputy County Surveyor F Memo dated February 25, 2011 from Mike Prehm, County Road & Bridge G Letter dated February 4, 2011 from Bill Gavette, Carbondale & Rural Fire Protection district H Letter dated February 16, 2011 from Chris Hale, Mountain Cross Engineering I Draft Improvements Agreement BOCC 5/16/11 KE PROJECT INFORMATION AND STAFF COMMENTS REQUEST: Elk Springs PUD Final Plat, Filing 9 APPLICANT/ OWNER: Elk Springs LLC—Thomas Neal REPRESENTATIVE: Larry Green, Balcomb & Green, P.C. LOCATION: County Road 114 (CMC Road) —Sections 35 and 36, T6S, R89W; Sec 31 T6S, R88W and Sec 6 T7S R88 W WATER / SANITATION: PROPERTY SIZE: ACCESS: EXISTING ZONING: Red Canyon Water Company / Spring Valley Sanitation District 492.51± -acres CR 114 to internal private roads Los Amigos Planned Unit Development I. BACKGROUND Elk Springs, formerly known as Los Amigos, is an existing PUD located northeast of State Highway 82 on CR 114 in the vicinity of Colorado Mountain College. The Los Amigos Ranch PUD was approved by the Board of County Commissioners (the Board) in 1981 (Resolution 81-358), and has been amended numerous times through 2008. Documents applicable to this final plat review include: • PUD Resolution No. 96-34. • Preliminary Plan Resolution 98-30. These documents require compliance with requirements related to roads, water and wastewater, utilities, environmental impacts, HOA and covenant documents, impact fees, and phasing. II. REQUEST The Applicant requests final plat approval for Filing 9, located in the western area of the PUD. The intent is to create 62 lots on 171.852 acres, opens pace on 305.32 -acres, roads and a utility site (water tank). Most, but not all public improvements necessary to serve these lots has been completed, the remaining infrastructure necessary is improvements and extension to Kingbird Drive consisting of widening a portion of the road, extending the road, construction of a cul-de- sac, and installing utility services to the existing mains. This filing is proposed to be included in the Elk Springs Homeowner's Association. 1 III. ACTION REQUESTED OF BOCC Staff has reviewed the Final Plat and found it to be in the form required by the Land Use Resolution of 2008, as amended. Upon satisfaction of required impact fees (road impact and fire district) staff would request that the Board authorize the Chairman to sign the mylar, the Subdivision Improvements Agreement, and the Treasurer's Deposit Agreement in -lieu of a Letter of Credit. 2 To: Ken Wilson - SGM, Inc. From: Jason Neil — Deputy Garfield County Surveyor Subject: Plat Review — Elk Springs, Filing 9 Date: February 17, 2011 Garfield Coun Deputy Surveyor Jason Neil, P.L.S Dear Ken, Upon review of the Elk Springs, Filing 9 Plat, I have prepared a list of comments or corrections to be made prior to approval for survey content and form. 1. The acreage in the description should be to the 3 place after the decimal and match the Table of Areas. (Consistent with other plats submitted). 2. Dates in certificates should be changed to 2011. 3. A note describing the units of measure used. 4. Recording information should accompany labels of existing easements and right-of-ways. 5. A symbol for the northwest corner of Section 36 should be added to page 2. 6. Adjoiner information should be added to page 4. 7. Modify Title Block to allow for full dimension of Lot 65. Once these and all final comments from Building and planning have been completed, the Mylar may be prepared for recording. The Mylar shall be delivered to the Building and Planning office with all private party signatures no later than Monday the week prior to the next commissioner meeting day in order to make that meeting. Sincerely, Jason Neil, P.L.S. Deputy Garfield County Surveyor cc Cathy Eastley — Building and Planning Department 109 8 th Street ,Suite 201 • Glenwood Springs, CO 81601 • (970)945-1377 • Fax: (970)384-3460 • e-mail: saibner@garfield-countycom GARFIELD COUNTY Building & Planning Department Review Agency Form Name of application: Sent to: Garfield County Road & Bridge Garfield County requests your comment in review of this project. Please notify the Planning Department in the event you are enable to respond by the deadline. This form may be used for your response, or you may attach your own additional sheets as necessary. Written comments may be mailed, e-mailed, or faxed to: Garfield County Building & Planning Staff Contact: Kathy Eastley 109 8th Street, Suite 301 Glenwood Springs, CO 81601 Fax: 970-384-3470 Phone: 970-945-8212 General Comments: Road and Bridge has no concerns with Filing 8, Phase2 and Filing 9. Filing 10 proposes 1, 73.8 acre lot that access onto County Road 114. This stretch of road has blind curves and a steep grade. The use of the main Elk Springs entrance is recommended for this filing. Name of review agency: Garfield County Road and Bridge Department By: Mike Prehm Date 2/25/2011 Revised 3/30/00 FIRE • EMS • RESCUE February 4, 2011 Kathy Eastley Garfield County Building & Planning 108 8th Street, Suite 201 Glenwood Springs, CO 81601 RE: Elk Springs, Filing 6A, Filing 8 Phase 2, Filing 9, & Filing 10 Dear Kathy: I have reviewed the application for the proposed Elk Springs Subdivision filings. The application was reviewed for compliance with the International Fire Code (IFC) 2003 edition, adopted by the County. I would offer the following comments. Access The proposed access is adequate for emergency apparatus. Water Supplies for Fire Protection The existing water system and fire hydrant locations are adequate for fire protection. Impact Fees The 66 residential lots and 1 new commercial lot created by the subdivision are subject to development impact fees adopted by the District. The developer will be required to enter into an agreement with the District for the payment of development impact fees. Execution of the agreement and payment of the fees are due prior to the recording of the final plat. Fees are based upon the impact fees adopted by the District at the time the agreement is executed. The current fee for residential development is $730.00 per unit. Please contact me if you have any questions or if I can be of any assistance. Sincerely, Bill Gavette Deputy Chief Carbondale & Rural Fire Protection District 300 Meadowood Drive • Carbondale, CO 81623 • 970-963-2491 Fax 970-963-0569 February 16, 2011 Ms. Kathy Eastley Garfield County Planning 108 8th Street, Suite 401 Glenwood Springs, CO 81601 MOUNTAIN CROSS ENGINEERING, INC. CIVIL AND ENVIRONMENTAL CONSULTING AND DESIGN RECEWED FEB 17 2011 GARFIELD COUNTY BUILDING & PLANNING RE: Review of Elk Springs Final Plat Filings: SFPA6704 Dear Kathy: EXHIBIT This office has performed a review of the documents provided for the Elk Springs Filings Final Plat Applications. The submittal was found to be thorough and well organized. The review generated the following comment: • Section 7-104 of the Land Use Resolution has requirements to be met concerning wells. The lot created in Filing 10 proposes a well to be drilled and tested in the future. This well will need to be provided and the requirements of Section 7-104.B be met prior at Final plat. Alternatively, a will serve letter and a method of connection to the water system of the District could be provided instead. Feel free to call if you have any questions or comments. Sincerely, Mountain Cross Engineer Chris Hale, PE 826 1/2 Grand Avenue • Glenwood Springs, CO 81601 PH: 970.945.5544 • FAX: 970.945.5558 • www.mountaincross-eng.com ELK SPRINGS, FILING 9 AND FILING 8 PHASE 2 SUBDIVISION IMPROVEMENTS AGREEMENT THIS ELK SPRINGS, FILING 9 AND FILING 8 PHASE 2 SUBDIVISION IMPROVEMENTS AGREEMENT (NSIA.) is made and entered into this day of , 20_, by and between ELK SPRINGS, LLC (aOwner.) 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 1. Owner is the owner and developer of certain real property located within Garfield County, Colorado, known as Los Amigos Ranch P.U.D., as approved by the BOCC and more particularly described in County Resolution No. 96-34, recorded as Reception No. 494584 of the Garfield County real estate records (the "PUD Approval"). 2. Preliminary plan approval was issued by the BOCC for that portion of the Los Amigos Ranch P.U.D. designated as Elk Springs Filing 9 and Filing 8 Phase 2 (the "Subdivisions"), under the terms and conditions set forth in County Resolution No. 98-30 recorded at Reception No. 525809 in the Garfield County real estate records, as amended by County Resolution 99-102, recorded at Reception No. 553278 in the Garfield County real estate records (collectively, the "Preliminary Plan Approval"). 3. Both the PUD Approval and the Preliminary Plan Approval contemplated development of the Los Amigos Ranch P.U.D. in phases. 4. Owner has submitted to the County for its approval, the Final Plat for Elk Springs Filing 9 and Filing 8 Phase 2, Subdivisions of Los Amigos Ranch P.U.D. (collectively the aminal Plats. or "Final Plats of the Subdivision"), for that portion of the property lying within the Los Amigos P.U.D. more particularly described in said Final Plats. 5 EXHIBIT :1 1 5. As a condition precedent to the approval of the Final Plats submitted to the BOCC 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. 6. 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 this Agreement and under the Preliminary Plan 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 subdivision, all as more fully set forth below. 7. 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 foregoing recitals and 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 Plats of the Subdivision, on the date set forth above, subject to the terms and conditions of this SIA, the PUD Approval, the Preliminary Plan 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 Subdivision (Final Plat Approval.). Recording of the Final Plats in the records of the Garfield County Clerk and Recorder shall be in accordance with this SIA and at the time prescribed herein. 2. OWNERwS PERFORMANCE AS TO SUBDIVISION IMPROVEMENTS. a. Completion Date/Substantial Compliance. Owner has constructed and installed certain and shall cause to be constructed and installed other subdivision improvements, identified in the Exhibits defined in subparagraph 2.a.i, below (NSubdivision Improvements.) at 2 Owners expense, including payment of fees required by Garfield County and/or other governmental and quasi -governmental entities with regulatory jurisdiction over the Subdivision. The Subdivision Improvements except for revegetation, shall be completed on or before the end of the first full year following execution of this SIA (rCompletion Date.), in substantial compliance with the following: i. Plans marked ■Approved for Construction. for all Subdivision Improvements prepared by Schmueser Gordon Meyer and submitted to the BOCC on , 20_, such plans being summarized in the list of drawings attached to and made a part of this SIA by reference as Exhibit A; the estimate of cost of completion, certified by and bearing the stamp of Owners professional engineer licensed in the State of Colorado (rOwner*s Engineer.), attached to and made a part of this SIA by reference as Exhibit B, 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 Plats under pertinent sections of the Garfield County Unified Land Use Resolution of 2008 (.Final Plat Documents.). ii. All requirements of the PUD Approval and the Preliminary Plan Approval. iii. All laws, regulations, orders, resolutions and requirements of Garfield County and all special districts and any other governmental entity or quasi - governmental authority(ies) with jurisdiction. iv. The provisions of this SIA. b. Satisfaction of Subdivision Improvements Provisions. The BOCC agrees that if all Subdivision Improvements are constructed and installed in accordance with this paragraph 2; the record drawings have been submitted upon completion of the Subdivision 3 Improvements, as detailed in paragraph 3(c), below; all other requirements of this SIA have been met; and all requirements of the PUD Approval and Preliminary Plan Approval are satisfied, then the Owner shall be deemed to have satisfied all terms and conditions of the PUD Approval, the Preliminary Plan Approval, the Final Plat Documents and the Garfield County Unified Land Use Resolution of 2008, with respect to the installation of Subdivision Improvements. 3. SECURITY FOR SUBDIVISION IMPROVEMENTS (EXCEPT RE - VEGETATION). a. Completed Subdivision Improvements. Exhibit B contains a certification that the significant majority of the subdivision improvements for Elk Springs Filing 9, and all subdivision improvements for Elk Springs Filing 8 Phase 2, have been completed. The total cost to complete the subdivision improvements for Elk Springs Filing 9, and Elk Springs Filing 8, Phase 1 and Phase 2 identified in the certification was $1,528,845.00 plus an additional $220,888.00 to reconstruct Juniper Drive within Filing 8 Phase 2, which amounts have been paid in full. No security is required for the completed subdivision improvements in Elk Springs Filing 9 and Filing 8 Phase 2. b. Subdivision Improvements Letter of Credit for Incomplete Subdivision Improvements. As security for Owners obligation to complete the remaining Subdivision Improvements for Elk Springs Filing 9 other than revegetation, Owner shall deliver to the BOCC, on or before the date of recording of the Final Plat of the Subdivision, a Letter of Credit in the form agreed to be acceptable to the BOCC, attached to and incorporated in this SIA by reference as Exhibit C (■LOC•) or in a form consistent with the Uniform Commercial Code, C.R.S. § 4-1-101, et seq. and approved by the BOCC. The LOC shall be in the amount of $61,820.00, representing the full estimated cost of completing the Subdivision Improvements, which includes a 10% contingency to cover cost changes, unforeseen costs and other variables as 4 set forth and certified by Owners Engineer on Exhibit B, to guarantee completion of the 'Subdivision Improvements. The LOC shall be valid for a minimum of six (6) months beyond the Completion Date for the Subdivision Improvements set forth in Paragraph 2.a., above. The BOCC, at its sole option, may permit the Owner to substitute collateral other than a Letter of Credit, in a form acceptable to the BOCC, for the purpose of securing the completion of the Subdivision Improvements subject of this Paragraph 3.b. c. LOC Requirements and Plat Recording. The LOC required by this SIA shall be issued by a state or national banking institution acceptable to the BOCC. If the institution issuing 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, .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 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 revegetation described in paragraph 4, below, has been received and approved by the BOCC. d. 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 Engineer of the cost of completion and review by the BOCC. e. Unenforceable LOC. Should the LOC expire or become void or unenforceable for any reason, including bankruptcy of the Owner or the financial institution issuing or confirming the LOC, prior to the BOCCas approval of Owners Engineeris 5 certification of completion of the Subdivision Improvements, this SIA shall become void and of no force and effect and the Final Plats shall be vacated pursuant to the terms of this SIA. f. Partial Releases of Security. Owner may request partial releases 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 to and incorporated by this reference as Exhibit D, accompanied by the Owner's Engineer's stamped certificate of partial completion of improvements. The Owner's Engineer's seal shall certify that the Subdivision Improvements have been constructed in accordance with the requirements of this SIA, including all Final Plat Documents, the PUD Approval, and the Preliminary Plan Approval. Owner may also request release for a portion of the security upon proof that 1) 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 2) 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 Subdivision Improvements, dealt with in this Paragraph 3, are certified as complete to the BOCC by the Owner's Engineer, requirements of the Preliminary Plan Approval have been met, and both the certification and satisfaction of the Preliminary Plan Approval requirements have been approved by the BOCC. g. 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 the Preliminary Plan Approval, and may inspect and review the Subdivision Improvements certified as complete to determine whether or not they have been constructed in compliance with relevant specifications, as follows: i. If no letter of potential deficiency is furnished to Owner by the 6 BOCC within fifteen (15) business days of submission of Owner Written Request for Partial Release of LOC, accompanied by Owner's Engineers certificate of partial completion of improvements, all Subdivision Improvements certified as complete shall be deemed approved by the BOCC, and the BOCC shall authorize release of the appropriate amount of security, provided that all requirements of the Preliminary Plan Approval have been satisfied. ii. If the BOCC chooses to inspect and determines that all or a portion of the Subdivision Improvements certified as complete are not in compliance with the relevant specifications or that requirements of the Preliminary Plan Approval have not been met, the BOCC shall furnish a letter of potential deficiency to the Owner, within fifteen (15) business days of submission of Owners Written Request for Partial Release of LOC. iii. If a letter of potential deficiency is issued identifying a portion of the certified Subdivision Improvements as potentially deficient and there are no outstanding requirements of the Preliminary Plan Approval, then all Subdivision 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 Subdivision Improvements certified as complete and not identified as potentially deficient. iv. With respect to Subdivision Improvements identified as potentially deficient in a letter of potential deficiency or requirements of the Preliminary Plan 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. 7 v. If the BOCC finds that the Subdivision Improvements are complete, in compliance with the relevant specifications and that all requirements of the Preliminary Plan Approval have been met, then the appropriate amount of security shall be authorized for release within ten (10) business days after completion of such investigation. 8 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 Subdivision Improvements are not complete, or if the BOCC determines that the Owner will not or cannot construct any or all of the Subdivision Improvements, whether or not Owner has submitted a written request for release of LOC, or that requirements of the Preliminary Plan Approval have not been met, the BOCC may withdraw and employ from the LOC such funds as may be necessary to construct the Subdivision Improvements in accordance with the specifications or to satisfy the Preliminary Plan Approval requirements, up to the face amount or remaining face amount of the LOC. In such event, the BOCC shall make a written finding regarding Owneras failure to comply with this SIA or requirements of the Preliminary Plan 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 Owners failure to adhere to the provisions of this SIA regarding Subdivision Improvements and satisfaction of requirements of the Preliminary Plan 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 Subdivision Improvements and Preliminary Plan Approval requirements, other than revegetation, Owner shall submit to the BOCC, through the Building and Planning Department: 1) record drawings bearing the stamp of Owners Engineer certifying that all Subdivision Improvements have been constructed in accordance with the requirements of this SIA, including all Final Plat Documents, the PUD Approval, and the Preliminary Plan Approval, in hard copy and digital format acceptable to the 9 BOCC; 2) copies of instruments conveying real property and other interests which Owner is obligated to convey to the Homeowners' Association of the Subdivision or any statutory special district or other entity at the time of Final Plat Approval(s); and 3) a Written Request for Final Release of LOC, in the form attached to and incorporated herein as Exhibit E, along with Owners EngineerAs stamp and certificate of final completion of improvements. i. The BOCC shall authorize a final release of the LOC after the Subdivision Improvements are certified as final to the BOCC by the Owners Engineer and said final certification is approved by the BOCC. If the BOCC finds that the Subdivision Improvements are complete, in accordance with the relevant specifications, and that all requirements of the Preliminary Plan Approval have been met, the BOCC shall authorize release of the final amount of security, within ten (10) business days following submission of the Owners Written Request for Final Release of LOC accompanied by the other documents required by this paragraph 3.h. ii. Notwithstanding the foregoing, upon Owners Written Request for Final Release of LOC, accompanied by Owners Engineer's certificate of final completion of improvements, the BOCC may inspect and review the Subdivision Improvements certified as complete. If the BOCC does so review and inspect, the process contained in paragraph 311, above, shall be followed. iii. If the BOCC finds that the Subdivision Improvements are complete, in accordance with the relevant specifications, and that all requirements of the Preliminary Plan Approval have been satisfied, the BOCC shall authorize final release of security within ten (10) days after completion of such investigation. iv. If the BOCC finds that the Subdivision Improvements are not complete, in accordance with the relevant specifications, and/or that requirements of the 10 Preliminary Plan Approval have not been satisfied, the BOCC may complete remaining Subdivision Improvements and satisfy requirements of the Preliminary Plan 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. $500.00 of the face amount of the LOC, specified in Paragraph 3a above, shall be allocated to revegetation of disturbed areas within the Subdivision (NRevegetation LOC.), the cost for which is detailed as a subdivision improvement in Exhibit B. The Revegetation LOC shall be valid for a minimum of two (2) years following recording of the Final Plats. The BOCC, at its sole option may permit the Owner to substitute collateral other than a Letter of Credit, in a form 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 revegetation, 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 titled and dated for the Subdivision 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 deficiency(ies) by further revegetation efforts, 11 approved by the Vegetation Management Department. as such efforts may be instituted within the two (2) years following recording of the Final Plats. d. Single Request for Release of Revegetation LOC. Following receipt of written approval of the 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 Revegetation LOC, in the form attached to and incorporated herein by reference as Exhibit F, along with certification of completion by the Owner, or Owners 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 Subdivision Improvements, defined in paragraph 3.a., above. e. BOCC•s Completion of Revegetation and Other Remedies. If Owners revegetation efforts are deemed by the BOCC to be unsuccessful, in the sole opinion 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, in its discretion, may withdraw and employ from the Revegetation LOC such funds as may be necessary to carry out the revegetation work, up to the face amount of the 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 Owners 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. WATER SUPPLY AND WASTEWATER COLLECTION. Owner certifies 12 that Owner has heretofore installed and connected a water distribution system for potable water and fire protection and a wastewater 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 established as shown on the Final Plats of the Subdivisions. To the extent that the facilities of the water supply and distribution system were not conveyed to the Homeowners' Association of the Subdivision by that certain Bill of Sale dated December 31, 1997, all facilities included as components of said water supply and distribution system shall be conveyed by Bill of Sale in their entirety to the Homeowners' Association of the Subdivision simultaneously with the recording of the Final Plats. Said wastewater collection system shall be conveyed in its entirety to Spring Valley Sanitation District simultaneously with the recording of the Final Plats. It is specifically agreed that the three lots within Elk Springs Filing 8 Phase 2 may utilize individual sewage disposal systems (ISDS). 6. PRIVATE ROADS. All roads within the Subdivision shall be set apart and conveyed as private road rights-of-way to the Homeowners* Association of the Subdivision, subject to public easements for ingress and egress by emergency service providers. The Homeowners* Association of the Subdivision shall be solely responsible for the maintenance, repair and upkeep of said private rights-of-way, including the traveled surface of the roadways and areas outside of the traveled surface. The BOCC shall not be obligated to maintain any road rights-of-way within the Subdivision. Existence of private roads shall be noted on the Final Plats and deeds of conveyance of the rights-of-way to the Homeowners* Association of the Subdivision shall be recorded at the time of recording the Final Plats. All offsite road improvements for the Los Amigos Ranch P.U.D. have previously been satisfied. 13 7. PUBLIC UTILITY RIGHTS-OF-WAY. Whether or not utility easements exist elsewhere in the Subdivision, all road rights-of-way within the Subdivision shall contain easements for installation and maintenance of utilities. Public utility easements shall be depicted on the face of the Final Plats and deeded by recorded instrument to the Homeowners' Association of the Subdivision for the benefit of public utility providers. 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 easement within the Subdivision. In the event a utility company, whether publicly or privately owned, requires conveyance of the easements depicted on the Final Plats by separate document, Owner shall execute and record the required conveyance documents. 8. CONVEYANCE OF OPEN SPACE AND ROADS. The common open space parcels and roads identified on the Final Plats of the Subdivision shall be conveyed by Owner to the Homeowners' Association of the Subdivision at the time of Final Plat Approval(s). Owner shall deposit with the Garfield County Clerk and Recorder executed originals of the instruments of conveyance for recordation following recording of the Final Plats and this SIA. 9. 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 Subdivision Improvements including revegetation 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 are 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 receipt by the BOCC of a notice of claim or a notice of intent to sue, and the BOCC 14 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 governmental immunity granted to the BOCC by Colorado statutes and case law. 10. ROAD IMPACT FEE. Pursuant to Paragraph 3 of Garfield County Resolution 98-30, the Preliminary Plan Approval, the BOCC has established a Road Impact fee of Two Hundred and No/100ths Dollars ($200.00) for each residential lot within the Subdivision. There are 62 lots within Filing 9 and 3 lots within Filing 8 Phase 2. Therefore, Owner shall pay Thirteen Thousand and No/100ths Dollars ($13,000.00) to the Garfield County Treasurer at or prior to the time of recording of the Final Plats. 11. FEES IN LIEU OF DEDICATION OF SCHOOL LAND. Condition 20 of the PUD Approval required Owner to convey an identified School Site Parcel to the RE-1 School District in full satisfaction of all obligations for dedication of land or payment of fees in lieu thereof for the Los Amigos Ranch PUD. Owner conveyed the School Site Parcel to the RE-1 School District by Special Warranty Deed dated May 9, 2007, recorded on May 15, 2007, at Reception No. 723310 of the Garfield County real estate records. Thus, Owner and BOCC agree that Owner has fully satisfied its obligations to the RE-1 School District and no fee is due from Owner for these Final Plats. All property within the Los Amigos Ranch P.U.D. which was not previously within the municipal boundaries of the Carbondale & Rural Fire Protection District was included within the District pursuant to its Resolution No. 005, Series of 2000. The Owner shall comply with all requirements of said Resolution No. 005, Series of 2000 which include the obligation to pay an impact fee of $730.00 per lot for each of the 65 lots within the Final Plats for a total Fire District impact fee of $47,450.00 prior to the recording of the Final Plats. 15 12. SALE OF LOTS. No lots, tracts, or parcels within the Subdivision may be separately conveyed prior to recording of the Final Plats in the records of the Garfield County Clerk and Recorder. 13. BUILDING PERMITS AND CERTIFICATES OF OCCUPANCY. As one remedy for breach of this SIA, including failure to satisfy requirements of the Preliminary Plan Approval, the BOCC may withhold issuance of building permits for any residence or other habitable structure to be constructed within the Subdivision. Further, no building permit shall be issued unless the Owner demonstrates to the satisfaction of the Carbondale & Rural Fire Protection District ("District"), if the District has so required, 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. No certificates of occupancy shall issue for any habitable building or structure, including residences, within the Subdivision until all Subdivision Improvements, except revegetation, have been completed and are operational and all requirements of the Preliminary Plan Approval have been satisfied as required by this SIA. 14. 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 Plats 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 Plats so vacated by action of the BOCC. If such a Plat is not signed by the BOCC and recorded, or if such Plat is not provided by the Owner, the BOCC may vacate the Final Plats, or portions thereof, by resolution. 15. ENFORCEMENT. In addition to any rights provided by Colorado statute, the withholding of building permits and certificates of occupancy, provided for in paragraph 13, 16 above, the provisions for release of security, detailed in paragraph 3, above, and the provisions for plat vacation, detailed in paragraph 14, above, it is mutually agreed by the BOCC and the Owner, that the BOCC, without making an election of remedies, and 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 Plats 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 as applicable, pursuant to Article XII of the Unified Land Use Resolution of 2008, as amended. 16. 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 Subdivision. Such recording shall constitute notice to prospective purchasers and other interested persons as to the terms and provisions of this SIA. 17. 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. 18. CONTRACT ADMINISTRATION AND NOTICE PROVISIONS. The representatives of the Owner and the 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 effective upon the date of delivery, or attempted delivery if delivery is refused. Delivery shall be made in person, by certified return receipt requested U.S. Mail, receipted delivery service, or facsimile transmission, addressed to the authorized representatives 17 of the BOCC and the Owner at the address or facsimile number set forth below: Owner: BOCC: Elk Springs, LLC ATTN: Gary McElwee 2929 County Road 114 Glenwood Springs, CO 81601 Facsimile: (970) 945-6399 w/copy to: Balcomb & Green, P.C. ATTN: Lawrence R. Green, Esq. 818 Colorado Avenue Glenwood Springs, CO 81601 Facsimile: (970) 945-9769 Board of County Commissioners of Garfield County, Colorado c/o Building & Planning Dir. 108 8th Street, Suite 401 Glenwood Springs, CO 81601 Phone: (970) 945-8212 Fax: (970) 384-3470 19. AMENDMENT AND SUBSTITUTION OF SECURITY. This SIA may be modified, 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. Before any extension of Completion Date is considered, Owner shall certify that all taxes and assessments on the real property subject to the SIA are paid in full. 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 18, above, in accordance with the provisions of that 18 paragraph and without formal amendment of this SIA and without consideration at a BOCC meeting. 20. 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. 21. 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(s) for the Subdivision. BOARD OF COUNTY COMMISSIONERS ATTEST: OF GARFIELD COUNTY, COLORADO Clerk to the Board By: Chairman Date: OWNER ELK SPRINGS, LLC By: Gary McElwee Date: 19 STATE OF COLORADO )ss. COUNTY OF GARFIELD Subscribed and sworn to before me by Gary McElwee, an authorized representative of Elk Springs, LLC, Owner of the Subdivision, this day of , 2010. WITNESS my hand and official seal. My commission expires: Notary Public 20