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HomeMy WebLinkAbout1.0 SIA Info. & Correspondence• WALTER E. BROWN 111 ATTORNEY AT LAW 1131 GRAND AVENUE P,O. BOX 1512 GLENWOOD SPRINGS, COLORADO 81601 1303) 945.2361 November 25, 1980 Mr. Art Abplanalp County Attorney P. 0. Box 640 Glenwood Springs, CO 81601 Re: Los Amigos Ranch Partnership Subdivision No. 2, Filin. 1 Dear Art: • This letter is to confirm the results of our conversation on November 24, 1980. As you know, Rene copied and gave to me a subdivision improvements agreement dated March 5, 1980 that\ pertained to Los Amigos Ranch Subdivision No. 2, Filing 1. I called you to inquire about it because it clearly did not pertain to the apartment parcel (Subdivision No. 1) and I had never seen or heard of it. Our meeting followed that call. You and I reviewed a recorded plat and subdivision improve- ments agreement for Subdivision No. 2, Filing 1 on the Los Amigos Ranch signed by Robert W. Chatmas and by him for Tom Neal and Jim Johnson. I was shocked to learn that: (1) Subdivision No. 2 had been to final plat, and (2) that $741,710.00 worth of sub- division improvements were to be completed no later than November 30, 1980 according to the Subdivision No. 2 Improvements Agreement. We agreed that it appeared a material and substantial error had been made in the March 5, 1980 agreement since the completion date of November 30, 1980 was a scant six months from the date of the agreement (March 5, 1980). Accordingly, an amendment to the agreement had to be made to reflectlthed that completion date of improvements as November 30, 1981. On behalf of the owner of the property, the Los Amigos Ranch Partnership, whose partners are Tom Neal (Managing Partner) OA al, ipitukielt i Mr. Art Abplanalp Page Two November 25, 1980 Jim Johnson and Robert W. Chatmas, I request that the attached amendment, or a similar form, be granted by he as son possible. I have contacted Tom Neal who has tverballyyauthorizeds me to make this request. I believe that a lawful binding amend- ment can be made under Mr, Neal's authority as Managing Partner of partnership -owner via the grant of in the partnership agreement, a co p°wer of attorney contained py °f which I have attached for your records and review. Additionally, I would request that you forward to me copies of any documentation you have that reflects a letter of credit has been issued for the $741.710.00 worth of improvements. Mr. Neal, who has been Managing Partner since April 28, 1980, was totally unaware of this commitment by the partners ship and he must determine the effects thereof onsthe property. Your assistance in this matter is sincerely appreciated. If I can do anything to assist you or the Commissioners call me immediately. I have sent a copy for his information and review, Ray please of this letter to WEB/sd Enclosures cc: Kindest regards, Walter E. Brown, III Ray Baldwin Thomas E. Neal Leavenworth, Patrick & Lochhead SunDesigns Architects • • September 11, 1980 SUNDESIGNS ARCHITECTS ARCHITECTS PLANNERS SOLAR CONSULTANTS Mr. Ray Baldwin Garfield County Planning Director 2014 Blake Avenue Glenwood Springs, CO 81601 REF: LOS AMIGOS RANCH PUD SUBDIVISION NO. ONE IMPROVEMENTS Dear Ray, 77 SEP 1 51980 1, lYt i.....v v.J. Walter Brown has asked me to respond to your letter of Septem- ber 3, 1980, concerning subdivision improvements. The follow- ing comments are in the same numerical order as in your letter: 1. Drive and Parking Area Paving. Sundesigns Architects prepared the original estimate for the paving. It was for a chip/seal surface to meet County specification as was agreed to between the Commissioners and the developers at the time of Final Plat approval. The estimate was inflated to meet probable increases of material and labor at the time of actual construction. The Los Amigos Ranch Partnership (the developers) prepared Exhibit 'A' to the Subdivision Improvements Agreement. A mistake in terminology seems clearly to have been uninten- tionally made. The term "asph." was inserted in place of the term "chip/seal". Sundesigns records show no reference to an asphalt mat. Further, I cannot recall any discussion in any context about asphalt. If asphalt was to have been used, T would estimate its cost to be two to three times that of chip/seal and our original takeoff would have re- flected this. Once the construction of the apartments had progressed to the finishing stages (many months after Exhibit 'A'), the Los Amigos Construction Company began preparing for the fi- nal subdivision improvements. It is my understanding that along with actual building inspection, Peter Rosell or Vern Lykou consulted with Bud Milner about the paving and that it was their mutual understanding that it was to be chip/ seal. Also, at this same time, I consulted with Leonard Bowlby concerning the pavement width of the private drive- way up from CR 114. Although the issue was 22 ft. wide vs. 24 ft. wide, both Leonard and I understood the pavement 1315 GRAND AVENUE GLENWOOD SPRINGS COLORADO 81601 303/945-2201 MR. RAY BALDWIN • September 11, 19oO Page 2 • would be chip/seal. Further, I understand Dick Stephen- son (GMCO), the contractor for the work, consulted Leonard to make sure things were done to specifications. I am also told that Leonard inspected the work both before and after completion. It is my feeling that everyone involved - the County staff, the developers, the consultants, the contractor - all had the same proper and usual pavement technique in mind and that none of the above people ever considered that chip/ seal was not consistent with the original agreement. 2. Drainage Culvert. Originally the 72 LF of 18 in. CMP was to be installed at the drive entrance off CR 114. As grading progressed, an existing underground telephone cable was found to be shal- lower than expected. Also, an existing high pressure natu- ral gas line had to be re-routed through the area. To a- void conflict with these utilities, the entrance was re- engineered as an open drainage swale instead of the deeper and more trouble -prone culvert. It is my understanding that this item (drainage at the entrance) was discussed between Leonard and Vern at about the time of final base application. 3. Sewer Manholes. I understand there are three manholes in question and that they are located in the parking areas. Vern has advised that one is under pavement and two under gravel at the shoulder. At this writing, all three should by now be un- covered and raised if necessary. 4. School District Fee. I understand from Walt Brown that the fee has not yet been paid. This is part of a larger issue than Subdivision No. One improvements. The issue as I see it is dedication of land for a school or fee in lieu. The original PUD Master Plan calls for a school site. The PUD Zone Plan identifies land for a school. The RE -1 School Board agreed with this plan. They inspected and negotiated the size of the par- cel. The Commissioners approved the plan. The school prop- erty is defined in the Preliminary Plan for Subdivision No. Two. This plan was approved by the School Board and the Commissioners. A school was engineered into the central water system and the central sewage system capacities. Wa- ter lines and sewer collectors have been installed to serve the school. MR. RAY BALDWIN September 11, 1900 Page 3 • Actual dedication of the site would normally not happen until platting and this would be sometime during Sub. #2 processing. Because of this and because there still re- mains wording to be worked out concerning land use restric- tions, the developers elected to budget in Exhibit 'A' a fee based on 96 apartment units. This allowed the CMC housing project to proceed. I believe that for now the fee should be escrowed in some manner pending resolution of the land dedication. I don't know whether it should be based on the 96 units planned or the 48 units completed. I do know that all those involved indicated they wanted a school there someday and that the site is zoned, planned and engineered. The above comments were made to clarify technical and historical events and to serve as a basis for either further discussion or immediate resolution of the Improvements Agreement matter. Either Walt Brown or the Los Amigos Ranch Partnership should be contacted to do so. Please call me if you have any questions. Sincerely, SUNDES . S ARCHITECTS Dean K. Moffatt cc: Thomas E. Neal - Managing Partner Walter E. Brown III DKivl/c:g • 1 WALTER E. BROWN III ATTORNEY AT LAW 1131 GRAND AVENUE P.O. BOX 1512 GLENWOOD SPRINGS, COLORADO 81601 (303) 945-2361 September 9, 1980 Mr. Ray Baldwin Planning Director Garfield County 2014 Blake Avenue Glenwood Springs, Colorado 81601 Dear Ray: Thank you for your letter of September 3, 1980 in response to my request for Tom Neal. I have referred the matter to Dean Moffat because he is the planner for the project and he is more knowledgable about Partnership requirements. I am sure he will visit with you soon and resolve these details. WEB/sd Kindest regards, Waite E :rown, III 1,) 1,., n, : 1 7T Z` ,1 Fr �j_ SEP 1 51980 !I j] S6ptember 3, 1980 Walter E. Brown III P.O. Box 1512 Glenwood Springs, Colo. 81601 Dear Walter; On August 21, 1980, Bud Milner, Leornard Bowlby and myself, inspected the LOs Amigos Ranch, Filing No. 1. With regards to the release of the subdivision improvements agreement, it appears that certain items have not been completed. Referring to Exhibit A of the agreement the following items are in question? 1. The private drive was to have 2" of asphalt, it has only chip and seal with 3/4' aagrenate 2 2. 72 feet of 18" CMP storm drain has not been installed, we assume this is to go under the drives to the unfinished apartments. 3. Having checked with the County Treasurer's Office, the !3000.00 fee to the school district has not been paid. 4. Manholes which were to he installed near the constructed apartments were not in evidence on the day of inspection. All other items have been completed to the best of our knowledge. If you have anycgoneetniiagaoncerniing this matter, please feel free to contact me. Sincerely, Ray qa l dwit Planning Director PB/rq i WALTER E. BROWN I1I ATTORNEY AT LAW 1131 GRAND AVENUE P.O. BOX 1512 GLENWOOD SPRINGS, COLORADO 81601 1303) 945-2361 August 13, 1980 Mr. Art Abplanalp Garfield County Attorney P. O. Box 640 Glenwood Springs, Colorado 81601 Re: Los Amigos Ranch, Subdivision Improvements Agreement for Apartment Parcel Dear Art: i AUG141980 GAttfit.LO co. PLANNER I represent Tom Neal, senior partner in Los Amigos Ranch Partnership. This letter is to request that the County issue a written release to the Los Amigos Ranch Partnership of the subdivision improvements agreement on the apartment parcel of the project. We have received the Certificates of Occupancy and completed the roads and other aspects thereof. Bud Milner, Ray Baldwin and Leonard Bowlby probably will need to conduct a final inspection before you issue the release, so by copy of this letter, I am requesting they do so as soon as possible. For your information, the Bank of Aspen holds the security for this agreement, which is real estate owned by Los Amigos Ranch Partnership partner James A.R. Johnson. The bank requires a letter of completion from the Commissioners in order to release the security and hence this request. Please direct any reply to this matter directly to Mr. Thomas E. Neal, 327 S. LaSalle Street, Suite 1724, Chicago, Illinois 60604. Kindest e•.rds, Wa ter E. Brown, III WEB/sd 7 cc: RaBaldwin, Leonard Bowlby, Bud Milner, Thomas E. Neal Vern Lykou TELEPHONE 575-8000 AREA CODE 303 JAMES T. MORAN (303) 925-3476 HOLLAND & HART ATTORNEYS AT LAW 555 SEVENTEENTH STREET SUITE 2900 DENVER, COLORADO MAILING ADDRESS: P.O. BOX 8749 DENVER. COLORADO 80201 PLEASE REPLY TO: 434 E COOPER STREET. ASPEN. COLORADO 81611 TELEPHONE 925-3476 AREA CODE 303 August 4, 1980 Mr. Walter E. Brown, III Attorney at Law P.O. Box 1512 Glenwood Springs, Colorado 81601 Mr. Paul G. Goss Cox & Goss, P.C. 90 Madison Street, Suite 600 Denver, Colorado 80206 Mr. James A.R. Johnson Box 15263 Minneapolis, Minnesota 55415 Re: Demand for Arbitration Gentlemen: CABLE ADDRESS HOLHART, DENVER TELECOPIER 13031 575-8261 In view of the unconscionable actions taken by his partners since April 27, 1980, our client, Robert W. Chatmas, has elected to resign and withdraw as a partner in the Los Amigos Ranch Partnership. Under C.R.S. 1973, §7-60-142 he is entitled to have the value of his partnership interest ascertained and paid as in the case of dissolution. Dr. Chatmas takes the position that he is further entitled to have his partnership interest valued as it exists on the date hereof but without regard to the capital account changes which occurred as a result of the illegal call made by Thomas Neal on April 28, 1980. The partnership's Semi Annual Report, dated July 21, 1980, clearly indicates that Messrs. Neal and Johnson have taken a contrary position. Accordingly there is a dispute between the partners which Article XII of the Partnership Agreement requires x • HOLLAND &HART Mr. Walter E. Brown, III Mr. Paul G. Goss Mr. James A.R. Johnson August 4, 1980 Page Two • to "be settled and determined by arbitration." Dr. Chatmas hereby demands that the value of his partnership interest and all issues in controversy with respect thereto be sub- mitted to arbitration. Any one of the following persons (listed alphabetically) is acceptable to Dr. Chatmas as the single disinterested arbitrator: Elmer G. Beamer 0076 Salvation Circle Aspen, Colorado 81611 Gerald D. Hartert Mincer & Hartert 810 Pitkin Avenue Glenwood Springs, Colorado 81601 William V. Hodges 3rd 303 Main Street Carbondale, Colorado 81623 Michael L. Strang Dain Bosworth Incorporated 600 East Hopkins Avenue Aspen, Colorado 81611 Peter Van Domelen 400 East Main Street Aspen, Colorado 81611 Mr. Beamer is a retired CPA. He was formerly a partner in Price, Waterhouse & Co., Cleveland, Ohio. Mr. Hartert is a practising lawyer. Mr. Hodges is a practising lawyer. Mr. Strang is a stockbroker and former state legislator. Mr. Van Domelen is a practising lawyer. None of the above persons has been contacted in connection with this matter and the availability of any of them to act as the arbitrator in this matter is not known. None of the above is represented by this office although Holland & Hart, Denver, has performed legal services for Dain Bosworth Incorporated, or its corporate predecessors, on one or more occasions in the past. • • HOLLAND &HART Mr. Walter E. Brown, III Mr. Paul G. Goss Mr. James A. R. Johnson August 4, 1980 Page Three If the partners are unable to agree upon a single arbitrator within 15 days from the date of this request, we will file a demand for arbitration with the American Arbitration Association. Yours ver truly,. ' ---3.__---- l/ James T. Moran JTM/pal cc: Robert W. Chatmas • TELEPHONE 303-945-8571 WILLIAM D. cJOCIIEMS ATTORNEY AT LAW 811 BLAKE AVENUE GLENWOOD SPRINGS, COLORADO 81601 January 16, 1980 Mr, Ray Baldwin 2014 Blake Avenue Glenwood Springs, Colorado 81601 Mr. Arthur Alplanalp Garfield County Courthouse Glenwood Springs, Colorado 81601 Gentlemen: Er'r,77t-:77- �. JAN r /?jv Vrilll-JLLU 1, f"'}� iy IrR� POST OFFICE BOX 195 HAND DELIVERED Enclosed herewith is a copy of the Subdivision Improvements Agreement on the Los Amigos Ranch for your review. Please call me if you have any questions. WDJ/bw Encl. Very Willies ochems • GARFIELD COUNTY • PLANNING DEPARTMENT GLENWOOD SPRINGS, COLORADO 81601 2014 BLAKE AVENUE MEMORANDUM To: Board of County Commissioners From: Ray Baldwin Date: November 16, 1979 Re: Subdividers Agreement for Los Amigos PHONE 945-8212 It has always been my position that no lot sales should be allowed in a subdivision until all the improvements are in place. I think this stops problems from arising such as Te -Ke -Ki and the problems which we have had with Riverbend. However, in the case of the Los Amigos Ranch project, there seems to be several items which provide for assurance that the developer will perform as indicated. 1. A HUD report is being filed on this project. With the financial disclosures and guarantees of this report, any failure by the developer will result in problems with the Security Exchange Commission. 2. A letter of credit for 80% of the estimated construction cost is available. 3. The bonding for the Sanitation District is assured by the developers. 4. The developers are willing to stipulate and make buyers aware that no certificate of occupancy will be issued until all improvements are constructed. I am not sure that this provision alone is of that great a value to the County. 5. The developers scheduling indicates that if lot sales should begin by January 1, 1980, no building would be complete until November 1, 1980 because of the homeowners association architectural review process delay of approxi- mately 6 months. They project that utility completion will he done by August 1, 1980. This particular item is beyond the control of the County. If you should decide to change this policy, I would suggest two conditions: 1. No lot sales be allowed until the HUD report has been completed and signed. 4 • • 2. That all improvements be completed within one year of the date the final plat is signed. • TO THE GARFIELD COUNTY COMMISSIONERS, GLENWOOD SPRINGS, COLORADO: 1 PA r On behalf of the U.S. Bureau of Land Management, I hereby acknowledge receipt of a copy of the proposed final plat of the Los Amigos Subdivision No. 2, Filing No. 1, and acknowledge that the hearing on the Final Plat is to be held at the Garfield County Courthouse on November 19, 1979, at 11:00 a m. Dated this 13th day of November, 1979. November 12, 1979 form a metropolitan district for the Te -Ke -Ki, Aspen Crystal River Estates and adjacent property on 1,500 acres. Also, the Town of Carbondale has never been contacted. Skip Flewelling stated the developers said they have talked with a previous Planner and their policy has always been that they were opposed. They are basing their water on a 1980 priority water right. They are out of priority at least one month per year and there is no separate agree- ment for Rudi Reservoir water for a lona term. One of the statements say they need no additional right-of-way but they presently do not have a clear access. One of the powers of a metro district is that they can condemn water rights which can cause a problem. Mrs. Nieslanik said Dick Young and the title insurance man have talked with them and they are going to condemn the water, and stated that Ted Applegate had said they had already appraised their land. Carter Jackson made a motion to recommend denial based on condemnation of water rights, accesses, inaccuracies such as the contacts with the Ranch at Roaring Fork, and not contacting the Town of Carbondale when the application was applied for. Kelley Meyer seconded the motion and the vote was unanimous. EIGHTH ITEM ON THE AGENDA: Los Amigos Ranch, Filing No. 2 Final Plat Ray Baldwin explained this was a request for 14 single fa i , 10 duplex and 7 multifamily, a total of 90 dwelling units on 31 lots. Kelley Meyer made a motion to authorize the Chairman to sign he final plat of Los Amigos Ranch, Filing No. 2. Dale Albertson seconded the motion and the voteas unanimou The meeting adjourned at 1:30 a.m. -9- • • November 5, 1979 SUNDESIGNS ARCHITECTS ARCHITECTS PLANNERS SOLAR CONSULTANTS Board of County Commissioners Garfield County Glenwood Springs, Colorado 81601 REF: LOS AMIGOS RANCH SUBDIVISION NO. 2 - FILING NO. 1 FINAL PLAT SUBMITTAL Gentlemen, This Application for Final Plat Submission is submitted pur- suant to Section Four of the Garfield County Subdivision Regulations, adopted and enacted January 2, 1979. The attached material is for Final Plat level review. We request that it be presented at your regularly scheduled meeting on Monday, November 12, 1979, for your consideration according to Paragraph 4.03 of the Garfield County Subdivision Regulations. Attached is our check in the amount of one hundred sixty seven dollars and no cents for the review fee. Sincerely, SUNDESIGNS C.IT CT Dean K. Moffa - Architect Enclosures DKM/cg 1315 GRAND AVENUE GLENWOOD SPRINGS COLORADO 81601 303/945-2201 I SUN DE`;iGNS ARCHITECTS ARCHITECTS PLANNERS SOLAR CONSULTANTS REVISED DRAFT November 2, 1979 Mr. Ray Baldwin Garfield County Planning Director 2014 Blake Avenue Glenwood Springs, CO 81601 REF: SUBDIVISION IMPROVEMENTS AGREEMENT (Para. 4.03.02,e), LOS AMIGOS RANCH SUB. NO. 2, FILING 1 Dear Ray, The intent of this letter is to satisfy the requirements of Para. 3.10, Subdivision Improvements Agreement. The following list of public improvements shall be completed within a period of eighteen (18) months from the date of approval by the Board of County Commissioners. It is hereby requested that the Board consider an extension of said period if said improvements are not completed due to factors beyond our control. In support of our agreement to complete said list and in com- pliance with Para. 1.02.18, a letter of credit in the amount of $593,368 is being provided by (Bank) to insure construction of the following: ITEM A. Roads 1. County Roads (22' width typical; 6" base w/chip and seal) 2. Storm Drain 24" CMP 36" CMP QUANTITY UNIT COST TOTAL COST 12,100 LF $19.50/LF $235,950 240 LF 120 LF $14.00/LF $20.00/LF Sub Total 3,360 2,400 $241,710 1315 GRAND AVENUE GLENWOOD SPRINGS COLORADO 81601 303/945-2201 • ti \C•Jl.11 iU3DIV1SION IMPROVEMENTS AGRELi1ENT November 2, 1 110 Page 2 ITEM B. Sanitary Sewer 1. 8" sewer 2. Manholes 3. Treatment Facility C. Water 1. 8" water 2. 4" water 3. Fire Hydrants 4. Water Tank QUANTITY • UNIT COST TOTAL COST 7,000 LF $14.00/LF 23 $900/each Lump Sum 9,000 LF 2,000 LF 13 350,000 gallons Sub Total $13.00/LF $10.00/LF $1100/ea. Lump Sum $ 98,000 20,700 130,000 $248,700 $117,000 20,000 14,300 100,000 Sub Total $251,300 Total $741,710 X .80 $593,368 Items are identified on the enclosed map SI2A 2-lwhich is in- cluded as part of this document. As items are completed, the subdivider shall apply to the Board of County Commissioners for a release of part or all of the col- lateral deposited with the Board. Upon inspection and approval, the Board shall release a part or all of said collateral. Sincerely, S T ► SI NS Ay ' .TS Richard L. Dart Enclosure cc: Robert Chatmas Approved Date RLD/cg t. LEASE OF WATER RIGHTS THIS LEASE OF WATER RI HTS ("Lease") is made and entered into this 3i- day of v -t e. r" , 198 , by and between LOS AMIGOS RANCH PARTNERSHIP, a Colorado general partnership, hereafter "Lessor," and RED CANYON WATER COMPANY, a Colorado corporation, hereafter "Lessee." RECITALS: A. Lessor is the owner of certain underground water rights more particularly described as follows: Los Amigos Well No. 5 originally decreed in Case No. W-2156 in the District Court of Garfield County, Colorado (decree absolute) and Rancho Los Amigos Well No. 6 as originally decreed in Case No. W-3873 in the District Court of Garfield County, Colorado (decree conditional), subject to conditions and stipulations on file in the records of the District Court for Water Division No. 5, State of Colorado, including those in Case. No. W-3893, and subject to and included within an augmentation plan filed by Basalt Water Conservancy District in Case No. 87 CW 155 in the District Court for Water Division No. 5, State of Colorado, such plan including other parties and rights to the beneficial use of water. Such rights, as circumscribed and limited by the referenced decrees, conditions, stipulations and augmentation plan, are hereinafter referred to as the "Water Rights." B. Lessee owns ,certain improvements and facilities for the withdrawal, treatment, pumping, transmission and delivery of water to certain water users in or about the Spring Valley area of Garfield County, Colorado (herein "Water Facilities"). C. Lessee desires to obtain a source of water for contract sale to said water users, and for that purpose desires to lease the Water Rights from Lessor. NOW, THEREFORE, in consideration of the foregoing recitals and of the mutual terms, covenants, and conditions contained herein, the parties agree as follows: 1. Lease of Water Rights. Lessor grants to Lessee a lease in and to the Water Rights pursuant to the terms and conditions of this Lease. Lessee shall have full right and authority to withdraw, treat, and apply to beneficial use water from the above 4 described wells to the extent and in the manner permitted under the Water Rights, including the authority to enter into agreements to deliver water to persons or entities in or about the Spring Valley area of Garfield County, Colorado. Lessee shall also have the full right and authority to request releases of augmentation water pursuant to the Basalt Water Conservancy District augmentation plan referenced in Recital A above as necessary to ensure adequate water supplies to its Water Facilities, so long as such requested releases do not cause Lessee to use or withdraw more water than is lawfully available to it under the Water Rights. 2. Term. This Lease shall be for a primary term of fifty (50) years from the date set forth above. In the event this Lease is in full force and effect and water is being supplied hereunder at the expiration of the primary term, Lessee shall have the right to renew this Lease for two additional terms of twenty (20) years each upon the same terms and conditions as are set forth herein. Upon the expiration of any renewal term, Lessor and Lessee may renew this Lease upon such terms as are mutually agreeable to the parties. 3. Annual Rent. Lessee shall pay to Lessor as rent for the Water Rights an amount equal to thirty-seven cents (37C) per thousand (1000) gallons of water withdrawn or pumped annually from the wells described in Recital A above or from such other points of diversion as are subsequently allowed under the Water Rights. Rent shall be determined and paid to Lessor at its address provided in paragraph 14(b) below, without prior demand therefor, within thirty (30) days after each anniversary date of this Lease, the first such anniversary date being J V X14 (.7- r , 19(5q . In the event this Lease is terminated and Lessee discontinues its withdrawal or pumping of water hereunder on any date other than an anniversary date of this Lease, rent for such fraction of a year shall be determined and paid in like manner within thirty (30) days after the date such withdrawal or pumping is discontinued. 4. Modification of Annual Rent. a. Terms and Limits of Modification. On each occasion that Lessee's Gross Sales (as "Gross Sales" is hereinafter defined) for the twelve (12) month period ending on any anniversary date of this Lease exceed the amount equal to six hundred percent (600%) of the annual rent due for such twelve (12) month period, Lessor shall have the option to increase the rental rate provided for in paragraph 3 above by an amount not to exceed ten percent (10%) of the then -applicable rental rate. Such increased rental rate shall apply to the calculation of annual rent thereafter, beginning with the annual rent for the period ending on the 2 next succeeding anniversary date of this Lease. The option to increase the rental rate shall be exercised by written notice from Lessor to Lessee within thirty (30) days of Lessor's receipt of Lessee's reports and records for the preceding annual rent period as set forth in paragraphs 4(b) and 5 below. If Lessor has the right to increase the rental rate pursuant to this paragraph, but elects to increase such rate by less than ten percent (10%), Lessor may, in its discretion, subsequently impose the balance of the allowable rental rate increase, i.e., an amount not exceeding the difference between the rental rate increase adopted and the maximum increase permitted, with respect to the annual rent for the period ending on the second succeeding anniversary date of this Lease, provided that Lessor may not increase the rental rate by more than ten percent (10%) for any single annual rent period. b. Reports. (i) Within thirty (30) days following each anniversary date of this Lease during the term hereof, Lessee shall submit to Lessor an accurate, unaudited, written report signed and certified by Lessee (or on its behalf by a duly authorized agent) to be true and correct, showing the full amount of Gross Sales during the preceding twelve (12) months. (ii) The reports referred to in this subsection (b) shall be in such form and style and shall contain such details and information as Lessor may reasonably designate. The acceptance by Lessor of such reports shall be without prejudice and shall not constitute a waiver of Lessor's right to audit Lessee's books and records, as hereafter set forth. If Lessee's Gross Sales are required to be reported on any federal or state tax return, and Gross Sales as so reported on any such returns exceed the Gross Sales as reported to Lessor by Lessee (as herein provided), then the Gross Sales shall be taken at the highest figure so reported. c. Definition of Gross Sales. The phrase "Gross Sales," as used in this Lease, shall mean the dollar aggregate of the price charged by Lessee to water users for water delivered in accordance with the Water Rights leased hereunder, whether made for cash, on credit, by check, charge accounts or otherwise, without reserve or deduction for inability or failure to collect the same. Gross Sales shall also include all monies or other things of value received by Lessee in connection with extension or provision of water service derived from the Water Rights, including, without limitation, finance charges, late charges, 3 unrefunded deposits, standby charges, and tap fees. Each charge for water service, whether upon installment or credit, shall be treated as a sale in the month during which such water service is provided, irrespective of the time Lessee issues bills or receives payment therefor. d. Books and Records. Lessee shall prepare and keep for a period of not less than thirty-six (36) months following the end of each twelve (12) month period commencing on the commencement of the Lease term or anniversary thereof, true and accurate books of account and records, conforming to generally sound and accepted accounting principles consistently applied, including, but not limited to, income tax and other reports filed with governmental agencies, contracts and agreements for water service, receipts and statements for water charges, records of daily bank deposits of all receipts from water customers, duplicate bank deposit slips, bank statements, and all other documentation from which Gross Sales can be determined. e. Inspection and Audit. Lessor shall have the right, upon ten (10) days' notice to Lessee, to cause a complete audit of all statements of Gross Sales and in connection with such audit, to examine Lessee's books of account and records (including all supporting data and any other records from which Gross Sales may be tested or determined) of Gross Sales disclosed in any statement given to Lessor by Lessee, and Lessee shall make all such records available for such examination at Lessee's place of business during regular business hours. The furnishing by Lessee of any fraudulent statement shall constitute a default under paragraph 14 of this Lease. If any audit shall be commenced by Lessor or if there shall arise a difference or dispute concerning Gross Sales, then and in any such event, Lessee's books of account and records, including all supporting data and any other records from which Gross Sales may be tested or determined, shall be preserved and retained by Lessee until a final resolution or final determination of such dispute or difference or litigation. Any information obtained by Lessor as a result of such audit shall be treated as confidential, except as may be necessary for the enforcement of Lessor's rights under this Lease, including any litigation or proceeding between the parties, and, except further, that Lessor may disclose such information pursuant to any subpoena or judicial process. 5. Records of Pumping Activity. Lessee shall keep true and accurate records in accordance with generally accepted engineering practices of all water withdrawn or pumped from the wells described in the recitals each month. Copies of such records shall be furnished to Lessor along with the monthly rent 4 payment within the time required for payment of monthly rental. Lessee shall make available to Lessor, at Lessor's request, all records of Lessee pertaining to water delivered to customers of Lessee. 6. Water Quality. Lessor makes no representation, promise, covenant or warranty, express or implied, as to the quantity, quality, desirability, fitness or merchantability of water obtained by virtue of the Water Rights leased hereunder and through the wells described in the recitals hereto. Lessee acknowledges that it has examined, or had the opportunity to examine, all pertinent records and documents relating tothe Water Rights leased hereunder and accepts the same in their existing condition and quantity. All treatment necessary to make such water potable or usable for the purposes desired by Lessee shall be the sole cost, expense and obligation of Lessee. 7. Liability. Lessor shall have no liability for losses or damages, whether direct, indirect or consequential, that Lessee or any third party may incur which are caused by or result from (a) failure or inability to deliver water in accordance with its contractual obligations, (b) Lessee's delivery of water which is unpotable, unfit, or hazardous to health or property, or (c) the legal or physical inadequacy or insufficiency of the Water Rights. Lessee shall indemnify and hold Lessor harmless from any claim, loss or liability arising from or in connection with the use of the Water Rights or delivery of water thereunder. This indemnity shall include Lessor's costs and expenses, as well as reasonable attorneys' fees, incurred for the purpose of investigating, negotiation, litigating or settling any claim or cause of action whether commenced or threatened. 8. Water Delivery Facilities. All physical improvements and facilities necessary or desirable for the withdrawal, treatment, storage, pumping, transmission, delivery of supply of the Water Rights leased hereunder shall be installed, constructed and maintained at Lessee's sole cost and without cost, charge or expense to Lessor. Lessee shall indemnify and hold Lessor harmless from any and all loss, liability, claim or cause of action arising from or in connection with the installation, construction or maintenance of any such facility or improvements. 9. Duties of Lessee. Lessee shall timely perform and undertake, at Lessor's sole cost and expense all acts or actions reasonably necessary or desirable to preserve and protect the Water Rights. Lessee shall not cause or suffer, whether by itself or through the act or omission of third parties, any damage to the Water Rights. Lessee shall keep and maintain all physical improvements and facilities for the withdrawal, treatment, storage or transmission of water in good maintenance and repair and in a condition meeting all mandatory federal, 5 state and local requirements for such water facilities and in accordance with generally accepted engineering practices. Lessee shall not permanently impair, injure or damage the wells or other source(s) from which such water is obtained. Lessee shall also operate the facilities in accord with any preexisting agreements and stipulations between Lessor and third parties which affect the Water Rights. 10. Notice to Third Parties. Prior to entering into any agreement to supply water from the Water Rights, Lessee shall furnish the recipient thereof with notice of the existence of this Lease and the terms and conditions hereof. All agreements with third parties shall be subject to the terms and conditions of this Lease. 11. Title and Ownership. It is understood that the Water Rights leased hereunder are solely owned by Lessor. Nothing contained herein shall grant to Lessee any right, title or interest in or to the Water Rights except as is specifically provided herein. Lessee shall at all times, and at Lessor's cost and expense, protect and defend the title of Lessor in and to the Water Rights. Nothing contained herein shall be construed to create or evidence a partnership or joint venture between Lessor and Lessee with respect to the Water Rights or the sale of water hereunder, and neither the method of computation of rent nor any other provisions contained herein, nor any act of the parties hereunder, shall be deemed to create any relationship between the parties hereto other than the relationship of landlord and tenant. Lessor shall have no right to control, direct or participate in the management of Lessee. 12. Encumbrances. Lessee shall not grant, create or suffer any lien, security interest, or other encumbrance upon or against the Water Rights, voluntarily or involuntarily, without the prior written consent of Lessor. Lessee shall promptly discharge any involuntary liens placed upon or against the Water Rights or obtain bonds securing payment of any such liens. 13. Landlord's Lien. In addition to any statutory lien for rent in Lessor's favor, Lessor shall have and Lessee hereby grants to Lessor a continuing security interest for all annual rent and other sums of money becoming due hereunder from Lessee, upon the Water Facilities described in Exhibit A attached hereto and upon all contract rights or accounts receivable related to the sale or delivery of water to water users under the Water Rights. Such property shall not be removed, sold, conveyed or encumbered without the consent of Lessor until all arrearages in annual rent as well as any and all other sums of money then due to Lessee hereunder shall first have been paid and discharged. In the event of a default under this Lease, Lessor shall have, in addition to any other remedies herein or by law, all rights and 6 remedies under the Uniform Commercial Code, including without limitation the right to sell the property described in this paragraph 13 at public or private sale upon five (5) days' notice to Lessee. Lessee hereby agrees to execute such financing statements and other instruments necessary or desirable in Lessor's discretion to perfect the security interest hereby created. Any statutory lien for rent is not hereby waived, the express contractual lien herein granted being in addition and supplementary thereto. 14. Default and Termination. A default shall be deemed to have occurred upon either party's failure to perform any of the provisions of this Lease. A defect in performance shall not be deemed a default if such defect may be cured within thirty (30) days following notice of the defective performance given by the nondefaulting party. In the event of a default, the nondefaulting party may institute suit to collect such damages as may be proper and, at the option of the nondefaulting party, terminate this Lease. In addition, it is understood that the rights acquired by each party hereto are such that the failure of a party to perform its obligations hereunder would do irreparable harm to the nondefaulting party for which there would be no adequate remedy at law. Accordingly, it is agreed that, in addition to any other equitable legal remedies, the obligations of the parties hereto shall be specifically enforceable in any court of competent jurisdiction. Pursuit of any of the foregoing remedies shall not preclude pursuit of any of the other remedies herein provided or any other remedies provided by law, nor shall pursuit of any remedy herein provided constitute a forfeiture or waiver of any rent due to Lessor hereunder or of anv damages accruing to Lessor by reason of the violation of anv of the provisions herein contained. No waiver by Lessor of any violation of any of the provisions herein contained shall constitute a waiver of any other violation of any of the provisions herein contained. Lessor's acceptance of rent or other payments hereunder after the occurrence of a default shall not be construed as a waiver of such default unless Lessor so notifies Lessee in writing. Forbearance by Lessor to enforce one or more of the remedies herein provided upon a default shall not be deemed or construed to constitute a waiver of such default. The receipt by Lessor of rent with knowledge of Lessee's violation of any provision contained in this Lease shall not constitute a waiver of any other violation of any of the provisions contained herein. 15. Bankruptcy. If at any time during the term of this Lease Lessor files a voluntary petition for relief under the U.S. Bankruptcy Code, or if an involuntary proceeding is commenced against Lessor under the U.S. Bankruptcy Code, Lessor or its successor in interest shall, at Lessee's request and without further consideration, convey to Lessee by warranty deed that 7 portion of the Water Rights reasonably needed by Lessee to fulfill its then -existing contractual obligations to water users. Upon such conveyance by Lessor, this Lease shall be null and void and of no further force or effect. 16. Genera]_ Provisions. (a) Assignment. Except for permitted deliveries of water to water users as contemplated hereby, there shall be no transfer or assignment of Lessee's rights pursuant to this Lease without the prior written consent of Lessor, which shall not be unreasonably withheld. (b) Notice. Whenever notice shall be required hereunder, notice shall be deemed sufficiently given upon mailing, postage prepaid, United States mail, certified return receipt requested to the addresses of the parties set forth below: Lessor: Los Amigos Ranch Partnership c/o Thomas E. Neal 141 West Jackson Blvd., Room 172.0 Chicago, Illinois 60604 Lessee: Red Canyon Water Company 0228 Auburn Ridge Lane, #E-101 Glenwood Springs, Colorado 81601 (c) Force Majeure. The rights and obligations of the parties hereto shall be suspended when any party is unable to perform its obligations hereunder for reasons which are reasonably beyond its control or as a result of an act of God or the act of any third party. (d) Attorneys' Fees. In the event that either party seeks to enforce any term or provision hereof by legal proceedings, the prevailing party in such legal proceedings shall be entitled to an award of its costs and expenses incurred of the same, including reasonable attorneys' fees. (e) Integrated Agreement. This Lease supersedes and controls all prior written and oral agreements and constitutes the entire and integrated agreement of the parties. (f) Benefit. This Lease shall inure to the benefit of and shall be binding upon the parties' heirs, successors, legal representatives and permitted assigns. Nothing contained in this Lease is intended to confer on any third person or entity any benefits, rights or remedies. 8 • iW�W+1. VAI .i 4210 East 11th Avenue Denver, Colorado 80220 Phone(303) 320-8333 October 24, 1979 Richard Dart Sundesigns Architects 1315 Grand Avenue Glenwood Springs CO 81601 OCT 25 1979 u,ur1<L!1 l.U. PLANNER Frank A. Traytor, Executive Directo. Re; Your letter of October 10, 1979, Regarding Spring Valley Sanitation District/CMC Lagoon Dear Richard: As you know, the Water Quality Control Commission recently approved the plans and specifications submitted by Wright -McLaughlin Engineers for upgrading the existing CMC Lagoon system.. This approval was for the expansion of the CMC Lagoon capacity to 52,000 gpd and 104 pounds of BODS per day to serve the college and the 96 units in the Los Amigos Ranch Development. The engineers proposed to use a submerged turbine and blower to add supplemental aeration to the Lagoon system. I have no objection to changing the type of aerat-:on equipment used as long as the aeration equipment can supply the required amount of oxygen and continue to function in the winter under the cli.aa:ic conditions experienced at the CMC site. Based on your calculations, `eei a 7.5 or 10 hp aerator with a field transfer rate of at least 1.5 poucc:s . 02/hp/hour will supply an adequate amount of oxygen to handle the inf us:oi-.L. organic load from the college and the 96 units in Los Amigos Ranch Deve__m mt. It should be understood that the Water Quality Control Commission's a.)p-ova. of September 4, 1979, and the conditions in this letter are based on the ir- fluentloading from the CMC and the 96 units in Los Amigos Development. No additional taps beyond the 96 units and CMC can be allowed until the system nas been upgraded or replaced. If you have any questions, feel free to contact me at 245-2400. Very truly yours, FOR DIRECTOR, WATER QUALITY CONTROL DIVISION Richard H. Bowman, P.E. District Engineer RikB/zp cc: Denver Office Colorado Mountain College Garfield County Planning District Engineer • • October 10, 1979 SUNDESIGNS ARCHITECTS ARCHITECTS PLANNERS SOLAR CONSULTANTS Mr. Richard Bowman Department of Health 125 N. 8th Street - Suite 10 Grand Junction, CO 81501 REF: SPRING VALLEY SANITATION DISTRICT/C.M.C. LAGOONS Dear Dick, Enclosed please find calculations which should support proper sewage treatment in the existing C.M.C. lagoons of influent from C.M.C. and the 96 -unit Los Amigos apartments. We are proposing to re -use the existing 7.5 hp fixed aerator which is now on site by replacing the motor. If field investigation should find that this re -use is not possible, we shall replace this fixed aerator with a 10 hp floating one. We are, of course, removing sludge and relining the first lagoon with bentonite. The loading for these calculations is taken diret- ly from Wright -McLaughlin Engineers Service Plan for the District. Please advise us as to the acceptability of these calculations and approach. If any further action is required, feel free to contact me. Thank you for your cooperation and advice in this matter. Very truly yours, StJNDEJSI NS AP:CH,ITECTS, �, �! , Richard Dart -Architect Enclosures RLD/cg 1315 GRAND AVENUE GLENWOOD SPRINGS COLORADO 81601 303 / 945-223: October 22, 1979 • • SUNDESIGNS ARCHITECTS ARCHITECTS PLANNERS SOLAR CONSULTANTS Mr. Ray Baldwin Garfield County Planning Director 2014 Blake Avenue Glenwood Springs, CO 81601 REF: SCHEDULE FOR FINAL PLAT REVIEW LOS AMIGOS RANCH P.U.D. SUBDIVISION NO. 2 - FILING NO. 1 Dear Ray, Please find enclosed a copy of the Final Plat Check List and Work List which we have prepared for Final Plat of Los Amigos Subdivision No. 2 - Filing No. 1. The following is our under- standing of the procedure and dates to bring Subdivision No. 2 Filing No. 1 to Final Plat approval, assuming no problems which could unerstandably result in delay. We would appreciate your continents and approval below. Nov. 5, '79 (Mon): Planning Department - Preliminary Final Plat submittal - Department reviews for completeness Nov. 9, '79 (Fri): Planning Department - Final Plat submittal - Completed as requested by Planning Department Nov. 12, '79 1-.V. (21 '1 0,7v. ,x,'71 Sincerely, (Mon): County Commissioners - Agenda item Ir': oo Pty{ — rLh-r.l �l I �f ri d A L, eeyt,t -3140,1 ri Ill ti L 1=7L4 -r A6-r1'd Approved 1q Ray /Baldwin Planning Director SUNDE G : • RCHjJ► Dean K. Mo att - Architect Enclosures cc: Robert W. Chatmas DKM/cg Date October 23, 1979 1315 GRAND AVENUE GLENWOOD SPRINGS COLORADO 81601 303/945-2201 • • SUNDESIGNS ARCHITECTS October 19, 1979 ARCHITECTS PLANNERS SOLAR CONSULTANTS LOS AMIGOS SUBDIVISION NO. 2 - FILING NO. 1 - SDG 78019 FINAL PLAT WORK LIST (As per Check List of Oct. 12, 1979) To Be Completed by November 5, 1979 1. Regional/Vicinity Map - Show section lines, township and range lines - Break out Sub. 2 - Filing 1 2. Overall Subdivision No. 2 - Filing No. 1 - Legal description of tract - Key map to sheets - Certificates and dedications 3. Final Plat Sheets as per Key Map - Boundary and r.o.w. lines - Bearings and angles (catalog) - Lot number with area 4. Drainage Statement - Consistent with P.U.D. Application 5. Certificates and Information - Name and address of owners with mortgagee - Total acreage - Total lots - Acreage devoted to each use - Protective Covenants (3 copies) - Certificate of Dedication and Ownership (App. - Title Company Certificate (App. "B") - Surveyor's Certificate (App. "C") (continued) "A") 1315 GRAND AVENUE GLENWOOD SPRINGS COLORADO 81601 303/945-2201 LOS AMIGOS SUB. 0. 2 - FILING NO. 1 FINAL PLAT WORK ST October 19, 1979 Page 2 5. Certificates and Information (continued) - Planning Commissioner's Certificate (App. "D") - Recorder's Certificate (after Final approval) 6. Supplemental Requirements - Letter from subdivider - Fee - Engineering plans a) Road "as builts" by Jan. 1980 b) Water and sewer letter stating that they are state regulated because of their district formation c) Utility systems letter of intent d) Cost estimates - Subdivision improvement agreement • • SUNDESIGNS ARCHITECTS October 12, 1979 ARCHITECTS PLANNERS SOLAR CONSULTANTS LOS AMIGOS SUBDIVISION NO. 2, FILING NO. 1 - SDG 78019 FINAL PLAT SUBMITTAL CHECK LIST Submitted in original and three copies 24" x 36" size. Scale of Final Plat shall be consistent with that of the Preliminary Plat. A. Plat shall show the following: 1. The name of the subdivision 2. Date 3. Date of survey 4. North arrow and graphic scale 5. Vicinity Map to appropriate scale B. Multiple sheet submission shall show on the title or cover sheet the following: 1. The Vicinity Map 2. Legal description of the tract boundary 3. A key map to sheet location 4. All certifications and dedications C. Final Plat shall show the following: 1. Tract boundary lines and right-of-way lines a. Street lines in solid black lines. b. Easements or r.o.w. lines in dashed lines. c. Lot lines in solid lines dimensioned to the nearest 0.01 foot. d. Bearings or deflection angles, arc lengths, tangent distances and central angles or all curves shall be shown. e. Each lot shall be numbered and dimensions and area of each lot shall be shown. f. Widths and dimensions of all easements, r.o.w. and streets shall be shown. 2. Names of all streets or roads, block letters and lot num- bers shall be shown. 3. Location of all major drainage channels or areas showing the boundaries of lands subject to innundation. 4. All surveying data shall be tied to primary control points, locations and description of these control points shall be indicated. a. Location and description of all property monuments on the subdivision shall be shown. (continued) 1315 GRAND AVENUE GLENWOOD SPRINGS COLORADO 81601 303/945-2201 ' LOS AMIGOS SUB. 161. 2, FILING NO. 1 FINAL PLAT CHECAPT October 12, 1979 Page 2 • 4. (continued) b. Two concrete monuments shall be set to insure a permanent accurate base line for purpose of estab- lishing any point in the subdivision. c. Iron monuments shall be placed on all points on boundary lines where there is a change of direction and at all lot corners. 5. A legal description of the property. 6. Name of subdivision, basis of bearings, North arrow, graphic scale and date. 7. Vicinity Map Scale 1" = 1000 ft. with section lines, township and range lines. 8. Certificates and information as follows: a. Name and addresses of owners of record, and mort- gagee,if any. b. Total acreage of the subdivision, total number of lots, and acreage within the subdivision devoted to each use. c. A reference to any protective covenants and an in- dication of the purpose for which sites other than residential lots are dedicated or reserved. 9. A certificate of dedication and ownership (See Appendix "A") 10. Title company or Attorney's Certificate (See Appendix "B"). 11. Surveyor's Certificate (See Appendix "C") signed by a Colorado licensed surveyor. 12. An Approval Certificate for the Planning Commission (See Appendix "D"). 13. An Approval Certificate for the Board (See Appendix "E"). 14. The Recorder's Certificate (this need not be completed until after final approval). D. Supplemental Requirements as follows: 1. A letter from the subdivider stating that all supplemental information furnished with the Preliminary Plat is valid for Final Plat or revised supplemental data of the same scope and format as required for Preliminary Plat shall be furnished. 2. Fee (See Schedule Section 7.00). 3. Three copies of all Protective Covenants or Restrictions. a. One copy shall be filed for record in the Office of the Clerk and Recorder at the time of recording the Final Plat. 4. Engineering Plans, descriptions and cost estimates for streets, drainage facilities, utility systems and all other improvements proposed by the subdivider. LOS AMIGOS SUB. 1). 2, FILING NO. 1 FINAL PLAT CHEC 12, 1979 Page 3 E. • 5. A subdivision improvement agreement to be executed be- tween the subdivider and the County (See Section 3.10). Fee Schedule for Final Plat (6.00) Single-family Multi -family Industrial & Commercial P.U.D. $50.00 + $50.00 + $50.00 + $50.00 + $1.00 per acre $1.00 x no. of units $1.00 per acre designated use F. Subdivision Improvements Agreement (3.10) No Final Plat shall be recorded until the subdivider has sub- mitted and the Board has approved a subdivision improvements agreement. The subdivider agrees to complete such public im- provements as required to be constructed and shown in the Final Plat documents, within a specified period or periods of time and to complete such improvements in accordance with the appropriate design standards. Said agreement shall also pro- vide for collateral to insure the performance of said agree- ment by the subdivider. Collateral may be in the forms speci- fied in Section 2.02.22. As improvements are completed, the subdivider may apply to the Board for release of part or all of the collateral deposited. Upon inspection and approval, the Board shall release said collateral. If deficiencies are noted by the Board, it shall furnish the subdivider a list of specific deficiencies and shall be entitled to withhold collateral suffi- cient to ensure such substantial compliance. If the Board de- termines that the subdivider will not construct any or all of the improvements in accordance with the Agreement and all specifications, the Board may liquidate and withdraw and employ from the deposit of collateral such funds as necessary to con- struct the improvements in accordance with the specifications and agreements. G. Security Arrangements for Subdivision Improvements Agreement (2.02.22) One or more security arrangements may be accepted by the Board to secure the construction of such public improvements as re- quired. Collateral such as, but not limited to, performance or property bonds, private or public escrow agreements, loan com- mitments, assignments of receivables, liens on property, deposit of certified funds or other similar surety agreements sufficient in the judgment of the Board to make reasonable provision for the completion of such improvements in accordance with time and design specifications. i r MUSICK, WILLIAMSON, SCHWARTZ, LEAVENWORTH & COPE, P. C. Spring Valley Sanitation District April 30, 1980 Page 2 Board's attention to insure in advance of the election that no problems exist with accepting this an an amendment to the Service Plan. We would be pleased to answer any questions or provide further information should you desire. KLP:jaw Enc. cc: Arthur A. Abplanalp, Esq. Robert W. Chatmas Dean K. Moffatt Ray Baldwin ✓ Very truly yours, MUSICK, WILLIAMSON, SCHWARTZ, LEAVENWORTH & COPE P.C. By vin . Patric day of • • SUBDIVISION IMPROVEMENTS AGREEMENT THIS AGREEMENT, made and entered into this , 19 , between ROBERT W. CHATMAS, THOMAS E. NEAL and JAMES A.R. JOHNSON, hereinafter jointly called the "Subdivider" and the Board of County Commissioners of Garfield County hereinafter called the "County". W ITNESSET H: WHEREAS, the Subdivider, as a condition of approval of the final plat of Los Amigos Ranch Subdivision No. 2, Filing No. 1 wishes to enter into a Subdivision Improvements Agreement as provided for by Section 30-28-137, C.R.S. 1973, as amended and Section 3.10.01 of the Garfield County Subdivision Regulations; and WHEREAS, purusant to the same authority, the Subdivider is obligated to provide security or collateral sufficient in the judgment of the County to make reasonable provision for completion of certain public improvements set forth on Exhibit "A" attached hereto and incorporated herein; and WHEREAS, the Subdivider wishes to provide collateral to guarantee performance of this Agreement including construction of the above -referenced public improvements. Subdivider agrees to restrict the sale of lots until such time as he provides an irrevocable letter of credit guaranteeing construction of said improvements. NOW, THEREFORE, in consideration of the following mutual covenants and agreements, the Subdivider and the County agree as follows: 1. The subdivider agrees to construction and instal- lation, at its sole expense, of all those public improvements as set forth on Exhibit "A" attached hereto. 2. The Subdivider agrees that all of those certain public improvements as to be completed as identified on Exhibit "A" shall be constructed on or before twelve months after the date hereof, in compliance with the following: • • a. All final plat and other subdivision documents submitted and approved by the County prior to or at the time of final plat approval. b. All laws of the United States, State of Colo- rado, Garfield County, and its various agen- cies, affected special districts, and/or servicing authorities. c. Such other designs, drawings, maps, speci- fications, sketches and other matters submitted to and approved by any of the above -stated governmental entities. 3. To secure and guarantee performance of its obli- gations as set forth herein, the Subdivider agrees to provide security and collateral in the form of irrevocable letters of credit from banks in the total amount of $741,710.00. It is mutually agreed pursuant to the provisions of Section 30-28-137 (3) C.R.S. 1973, as amended, that the plat shall contain a restriction prohi- biting sale of any lots in the subdivision until such time as the letters of credit referred to above have been provided. When the letters of credit are provided, the County shall record an appropriate document which eliminates this plat restriction and that the County or any purchaser of any lot, lots, tract or tracts of land subject to a plat restriction which is the security portion of a subdivision improvements agreement shall have the authority to bring an action in any District Court to compel the enforcement of any subdivision improve- ments agreement on the sale, conveyance, or transfer of any such lot, lots, tract or tracts of land or of any other provision of this article. Such authority shall include the right to compel rescission of any sale, conveyance, or transfer of any lot, lots, tract or tracts of land contrary to the provisions of any such restrictions set forth on the plat or in any separate recorded instrument, but any such action shall be commenced prior to the issuance of a building permit by the County where so required or other- wise prior to commencement of construction of any such lot, lots, tract or tracts of land. 5. It is further mutually agreed that pursuant to the provisions of Section 30-28-137 (2) C.R.S. 1973, as amended, that as improvements are com- pleted, the Subdivider may apply to the County for a release of part or all of the collateral deposited with said Board. Upon inspection and approval, the County may release said collateral. If the County determines that any of such improve- ments are not constructed in substantial compliance with specification it shall furnish the Subdivider a list of specific deficiencies and shall be entitled to withhold collateral sufficient to ensure such substantial compliance. If the County determines that the Subdivider will not construct any or all of the improvements in accordance with all of the specifica- tions, the County may withdraw and employ from the de- posit of collateral such funds as may be necessary to construct the improvement in accordance with the specifications. 6. The Subdivider agrees to provide the County with a title insurance commitment at time of final platting evidencing that fee simple title of all lands in the subdivision is vested totally with the Subdivider free of any and all lien and encumbrances. 7. The County agrees to approval of the final plat of Los Amigos Ranch Subdivision No. 2, Filing No. 1, subject to the terms and conditions of this Agreement. 8. Parties hereto mutually agree that this Agreement may be amended from time to time provided that such amend- ment be in writing and signed by all parties hereto. -3- • • IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first written above. COUNTY OF GARFIELD STATE OF COLORADO ATTEST: by Garfield County Clerk 7HaTFEELT7hoard of County Commissioners STATE OF COLORADO ) COUNTY OF GARFIELD) ss. Robert W. Chatmas Thomas E. Neal James A.R. Johnson The foregoing Subdivision Improvements Agreement was acknow- ledged to before me this day of , 19 , by Flaven J. Cerise, Chairman, Board of County Commissioners. WITNESS my hand and official seal. My commission expires: Notary Public STATE OF ) ) ss. COUNTY OF ) The foregoing Subdivision Improvements Agreement was acknow- ledged to before me this day of Chatmas. WITNESS my hand and official seal. My commission expires: -4- , 19 , by Robert W. Notary Public STATE OF COUNTY OF ) ) ) ss. The foregoing Subdivision Improvements Agreement was acknow- ledged to before me this day of , 19 , by Thomas E. Neal. WITNESS my hand and official seal. My commission expires: STATE OF COUNTY OF ) ) ) ss. Notary Public The foregoing Subdivision Improvements Agreement was acknow- ledged to before me this day of , 19, by James A.R. Johnson. WITNESS my hand and official seal. My commission expires: 1731177-775-117--- -5- • • EXHIBIT "A" TO SUBDIVISION IMPROVEMENTS AGREEMENT FOR LOS AMIGOS RANCH SUBDIVISION NO. 2, FILING NO. U. ITEM QUANTITY UNIT COST TOTAL COST A. Roads 1. County Roads (22' width typical; 6" base w/chip and seal) 2. Storm Drain 24" CMP 36" CMP 12,100 LF 240 LF 120 LF B. Sanitary Sewer 1. 8" sewer 7,000 LF 2, Manholes 23 3. Treatment Facility Lump Sum C. Water 1. 8" water 2. 4" water 3. Fire Hydrants 4. Water Tank 9,000 LF 2,000 LF 13 350,000 gallons $19.50/LF $235,950 $14.00/LF $20.00/LF $ 3,360 $ 2,400 Sub Total $241,710 $14.00/LF $900/each $ 98,000 $ 20,700 $130,000 Sub Total $248,700 $13.00/LF $10.00/LF $1100/each Lump Sum Sub Total Total $117,000 $ 20,000 $ 14,300 $100,000 $251,300 $741,710 Items are identified on the map S12A 2-1 which is included as part of this document. day of • • SUBDIVISION IMPROVEMENTS AGREEMENT THIS AGREEMENT, made and entered into this , 19 , between ROBERT W_ CHATMAS, THOMAS E. NEAL and JAMES A. R. JOHNSON hereinafter jointly called the "Subdivider" and the Board of County Commissioners of Garfield County hereinafter called the "County". W ITNESSET H: WHEREAS, the Subdivider, as a condition of approval of the final plat of Los Amigos Ranch Subdivision No. 1 wishes to enter into a Subdivision Improvements Agreement as provided for by Section 30-28-137, C.R.S. 1973, as amended and Section 3.10.01 of the Garfield County Subdivision Regulations; and WHEREAS, pursuant to the same authority, the Sub- divider is obligated to provide security or collateral suf- ficient in the judgment of the County -to make reasonable provision for completion of certain public improvements set forth on Exhibit "A" attached hereto and incorporated herein; and WHEREAS, the Subdivider wishes to provide collateral to guarantee performance of this Agreement including construc- tion of the above-referencedpublic improvements, by means of an irrevocable letter of credit and a plat restriction by covenant affecting the property. NOW, THEREFORE, in consideration of the following mutual covenants and agreements, the Subdivider and the County agree as follows: 1. The subdivider agrees to construction and instal- lation, at its sole expense, of all those public improvements as set forth on Exhibit "A" attached hereto. 2. The Subdivider agrees that all of those certain public improvements to be completed as identified on Exhibit "A" shall be constructed on or before eighteen months after the date hereof, in compliance with the following: a. All final plat and other subdivision documents submitted and approved by the County prior to or at the time of final plat approval. b. All laws of the United States, State of Colorado, Garfieid County, and its various agencies, affected special districts, and/ or servicing authorities. c. Such other designs, drawings, maps, speci- fications, sketches and other matter submitted to and approved by any of the above -stated governmental entities. 3. To secure and guarantee performance of its obli- gations as set forth herein, the subdivider agrees to provide security and collateral in the form of: a) an irrevocable letter of credit from in the amount of $227,000.00 b) a plat restriction by covenant affecting the property reads as follows: No building shall be occupied nor shall any of the lots within the Subdivision be sold or conveyed to any party or parties until such time as the Board of County Commissioners of the County of Garfield are satisfied that the public improvements required to be furn- ished and installed by Declarant (pursuant to Agreement dated - between Declarant and the Board of County Commissioners of the County of Garfield) have been properly installed. The approval of said Board of County Commissioners shall be evidenced by the written approval of the Building Official of Garfield County. Upon the recording of such written approval in the records of the Office of the Clerk and Recorder of Garfield County, the occupancy and sale restrictions above set forth shall become null and void and of no further force or effect. 4. It is mutually agreed pursuant to the provisions of Section 30-28-137(3) C.R.S. 1973, as amended, -2- that the County or any purchaser of any lot, lots, tract or.tracts of land subject to a plat restriction which is the security portion of a subdivision improvements agreement shall have the authority to bring an action in any District Court to compel the enforcement of any subdivision improvements agreement on the sale, conveyance, or transfer of.any such lot, lots, tract or tracts of land or of any other provision of this article. Such authority shall include the right to compel rescission of any sale, conveyance, or transfer of any lot, lots, tract or tracts of land contrary to the pro- visions of any such restrictions set forth on the plat or in any separate recorded instrument, but any such action shall be commenced prior to the issuance of a building permit by the County where so required or otherwise prior to commence- ment.of construction on any such lot, lots, tract or tracts of land. 5. It is further mutually agreed that pursuant to the provision of Section 30-28-137(2) C.R.S. 1973, as amended, that as improvements are com- pleted, the Subdivider may apply to the County for a release of part or all of the collateral deposited with said Board% Upon inspection and approval, the County may release said collateral. If the County determines that any of such improvements are not constructed in substantial compliance with specification it shall furnish the Subdivider a list of specific deficiencies and shall be entitle -d to withhold collateral sufficient to ensure such substantial compliance. If the County determines that the Subdivider will not construct any or all of the improve- ments in accordance with all of the specifica- tions, the County may withdraw and employ from the deposit of collateral such funds as may be necessary to construct the improvement in accordance with the specifications. 6. The Subdivider agrees to provide the County with a title insurance commitment at time of final platting evidencing that fee simple title of all lands in the subdivision is vested totally with the Subdivider free of any and all lien and encumbrances. 7. The County agrees to approval of the final plat of Los Amigos Ranch Subdivision No. 1 subject to the terms and conditions of this Agreement. 8. Parties hereto mutually agree that this Agree- ment may be amended from time to time provided that such amendment be in writing and signed by all parties hereto. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first written above. COUNTY OF GARFIELD ATTEST: STATE OF COLORADO Garfield County Clerk By Chairman Board of County Commissioners Robert W. Chatmas Thomas E. Neal James A. R. Johnson IIIIIIIIIIIP EXHIBIT A SUBDIVISION IMPROVEMENTS AGREEMENT LOS AMIGOS RANCH SUBDIVISION NUMBER 1 ITEM QUANTITY A. Roads 1. Private Drive 3700 SY (24' wide; 2" Asph plus 6" base) 2. Parking 3850 SY (128 spaces) 3. Storm Drain 18" CMP 72 LF B. Sanitary Sewer 1. LAR #1 8" Sewer Manholes 2. LAR* 8" Sewer Manholes .3. CMC 8" Sewer Manholes 4. Treatment Site 3 -Phase Power Aeration Equip- ment 1500 LF 4 ea. 1600 LF 4 ea. 3350 LF 12 ea. UNIT COST TOTAL COST Lump Sum Lump Sum $ 7.50/SY $ 27,750 $ 3.00/SY 11,550 $ 12/LF 860 Sub Total $ 13/LF $900/ea $ 13/LF $900/ea $ 13/LF $900/ea $ 40,160 $ 19,500 3,600 20,800 3,600 43,550 10,800 33,000 ;.1,000 Sub Total $155,850 Quantities reflect minimum footages, but do r.ct correspond with current phasing schedule. C. Water 1. LAR #1 6" Water Fire Hydrants 2.. LAR Convert Existing Well Chlorination Con- tact Chamber 8" Water 6w Water 1300. LF 2 ea. Lump Sum Lump Sum 900 LF 600 LF $ 12/LF $ 15,600 $110r/ea 2,200 $10,000 $30,000 $ 14/LF $ 12/LF Sub Total 10,000 30,000 12,600 7,200 $ 77,600 Tctal $273,610 .60 $218,900 . utility Front End Deposits 1. Electric ®_ .Relocate OH line ; E,000 2. Natural Gas (Units to be all electric) 3. -Telephone (No deposit required) Sub Total $ 6,000 E. school District (Fees in lieu of land) (50 X 0.6 X $2500) $ 3,000 Sub Total $ 3,000 TOTAL $227,900 Items are ic_entified on the enclosed map S1A-1, which is in- • • RESOLUTION WHEREAS, prior to the organization of Spring Valley Sanitation District, Garfield County, Colorado, a service plan was filed with the Board of County Commissioners of Garfield County, Colorado, by the proponents of said District as required by the "Special District Control Act", being Title 32, Article 1, Part 2, Colorado Revised Statues 1973, as amended; and WHEREAS, hearings were set for the service plan and notice was duly published as required by law and notice was mailed to those parties as required by law; and WHEREAS, hearings were held on said service plan and on October 1, 1979, the Board of County Commissioners of Garfield County approved said service plan without condition or modifica- tion; and WHEREAS, Spring Valley Sanitation District was duly and regularly organized by an Order and Decree of the District Court in and for the County of Garfield on the 2nd day of January, 1980; and WHEREAS, the Board of Directors, to carry out the provisions of the service plan, called a special bond election which was held on February 19, 1980, to authorize the issuance of $2,000,000 of general obligation bonds by the District which bond question was approved by a majority of the qualified electors of the District voting at said election; and WHEREAS, the maximum net effective interest rate authorized at said election was 12.00%, which was the maximum amount provided for in the service plan; and WHEREAS, the Board of Directors now desires to proceed with the issuance of the general obligation bonds, but because of the present bond market conditions it is not possible for the District to sell the bonds at a net effective interest rate not exceeding 12.00% per annum; and WHEREAS, the Board of Directors has called a special bond election of the qualified electors of the District to in- crease the maximum net effective interest rate on said bonds from 12.00% to 18.00%; and WHEREAS, if approved, such an increase in the interest rate would exceed the maximum amount provided for in the service plan; • • • THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF SPRING VALLEY SANITATION DISTRICT, GARFIELD COUNTY, COLORADO: 1. That the Board of Directors hereby finds that the proposed increase in the maximum net effective interest rate from 12.00% to 15.00% on the $2,000,000 in general obligation bonds authorized at an election on February 19, 1980, hereinbefore mentioned, will not constitute a material modification of said service plan as originally approved by the Board of County Com- missioners of Garfield County, and that this Resolution shall become an amendment to the service plan as approved. 2. That the Board of Directors shall forward a copy of this Resolution to the Board of County Commissioners of Garfield County for inclusion with the original service plan as approved by said Board of County Commissioners. 3. That the Board of Directors shall proceed to construct, purchase or install improvements for the Spring Valley Sanitation District, in accordance with the service plan, as amended, unless other actions are required by the Board of County Commissioners of Garfield County. RESOLUTION ADOPTED AND APPROVED This 18th day of April, 1980. ( S E A L ) ATTEST: Chairman and President • MAY 0 5 1980 ' GARFIELD CO. RAMER Thomas E, Neal 327 $. LaSalle Street Suite 1724 Chicago, Illinois 60604 April 28, 1980 Garfield County Planning Office 2014 Blake Avenue Glenwood Springs, Colorado 81601 Dear Sir: This is to advise you that pursuant to the terms of the Los Amigos Ranch Partnership, Thomas E. Neal is the Managing Partner, effective April 27, 1980. Robert Chatmas is no longer the Managing Partner, Future correspondence, of any kind, which pertains to the Los Amigos Ranch project or partnership should be sent directly to Thomas E, Neal, 327 S. LaSalle, Street, Suite 1724, Chicago, Illinois 60604. The phone number for business hours is 312 630-5226. I look forward to continuing the business of the partner- ship as Managing Partner, If you have any questions regarding this matter, please contact me at your convenience, Kindest regards, g.t6,-(2 Thomas E. Neal TEN/sd SUNDESIGNS ARCHITECTS April 12, 1979 ARCHITECTS PLANNERS SOLAR CONSULTANTS Dr. Rod Anderson Colorado Mountain College West Campus Administration Office 3000 County Road 114 Glenwood Springs, CO 81601 REF: NOTICE OF PUBLIC HEARING LOS AMIGOS RANCH FILING NO. 1 FINAL PLAT Dear Dr. Anderson, Pursuant to the Garfield County Subdivision Regulations this letter and the attached NOTICE OF PUBLIC HEARING is to notify you, as a land owner within 300 feet of the subject land, that on Monday, May 14, 1979, at 10:40 A.M., the Board of County Commissioners of Garfield County will hold a public hearing on the application for the purpose of reviewing a subdivision Final Plat. The hearing will take place in the Commissioners Office of the Garfield County Courthouse, Glenwood Springs, Colorado. You are invited to attend the public hearing and state your views, protests and objections. Copies of the proposal and maps of the proposed development area are on file for inspection at the Garfield County Planning Department, 2014 Blake Avenue, Glenwood Springs, Colorado. In addition, the staff of Sundesigns Architects is available to answer questions concerning the proposal. Sincerely, SUNDESIGNS ARCHIT CTS ..\// Dean K. Moffatt - Architect Enclosure DKM/cg 1315 GRAND AVENUE GLENWOOD SPRINGS COLORADO 81601 303/945-2201 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that Robert W. Chatmas, Thomas E. Neal and James A. R. Johnson have filed an application with Garfield County for the purpose of reviewing a subdivision Final Plat. The said application seeks approval for the Los Amigos Ranch Filing No. 1 Final Plat. Copies of the proposal and maps of the proposed development area are on file for inspection at the Gar- field County Planning Department, 2014 Blake Avenue, Glenwood Springs, Colorado. The Final Plat application covers approximately 15.1 acres more or less of land located in Garfield County, Colorado, and is more specifically described as follows: A parcel of land situated in the SE4 of Section 5, Township 7 South, Range 88 West of the Sixth Principal Meridian, Garfield County, Colorado, lying northwesterly of the northwesterly right-of-way line of a county road known as College Road. Said parcel being more particularly described as follows: Beginning at a point, whence the South Quarter Corner of said Section 5 bears: S. 56°40' W. 666 feet, said bearing being relative to an assumed East-West bearing of the North line of said Section 5; thence northwesterly on a curve to the left, whose chord bears N. 18°50' W. 389 feet, said curve being the northeasterly right-of-way line of a proposed road; thence N. 71°10' E. 470 feet; thence N. 56°40' E. 955 feet; thence S. 25°30' E. 518 feet to a point on the northwesterly right- of-way line of said county road known as College Road as con- structed and in place; thence southwesterly on a curve to the left, whose chord bears S. 49°50' W. 420 feet, said curve being the northwesterly right-of-way line of said county road; thence southwesterly on a tangent that bears S. 30°40' W. 140 feet, said tangent being the northwesterly right-of-way line of said county road; thence N. 77°10' W. 264 feet; thence S. 71°10' W. 728 feet to the True Point of Beginning. Said parcel containing 15.1 acres more or less. This description was prepared without the benefit of a field survey and is subject to change upon completion of an accurate field survey. County of Garfield State of Colorado NOTICE IS HEREBY GIVEN that the Board of County Commis- sioners of Garfield County, Colorado will hold a public hear- ing on said application in the Commissioners Office, Garfield County Courthouse, on Monday, May 14, 1979, at 10:40 A.M. for the purpose of considering the proposed application. Dated this 12th day of April, 1979. Ray Baldwin Garfield County Planner Garfield County, Colorado Published April 13, 1979 in The Glenwood Post. D4negt•D'A 2g" cfDo ^o "aa0 "acro arciw 00 c5 CD minx C cab p o C w b to o-5woo c�5�m=• off, to a os a ,, o a f� aOa 0• p• o r 0 R, t'D° co O wa.m Cr o� C1' U2 ."0CCD� pCD0F 0taal to 'i cg- C n'0' p11"E. 0 rylig w c"d • =,, 'O 3. cn Q. O. O O'ca`aco. 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C:aA)o5 5 Rn cD a� g g 0 C1' ° y w ° o co 0 o • no w ro• p D. p. 8 — va c° p CI) ti F4 a 6 t" 0. ccoo F)" g 1.0 cra CD e—pa O • ■ • Tuesday, June 5, 1979 — Glenwood Springs (Colo.) POST-