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�� '�• •"c �,,;+ ��•MILDRED ALSDORF, RECORDER
GARFIELD COUNTY, COLORADO
SUBDIVISION IMPROVEMENTS AGREEMENT
THI AGREEMENT, made and entered into this Zip day of
50,1, , 1984, between Los Amigos Ranch Partnership,
hereina ter referred to as "LARP", and the BOARD OF COUNTY
COMMISSIONERS OF GARFIELD COUNTY, COLORADO, hereinafter referred
to as the "County", WITNESSETH:
WHEREAS, LARP is the owner of certain real property located
in Garfield County, Colorado, more particularly described on
Exhibit "A" hereto, the final plat for Subdivision 2 , Filing 1,
Los Amigos Ranch PartnershipPUD, hereinafter referred to as "the
property", and
WHEREAS, a Subdivision Improvements Agreement is required as
a condition of approval of the aforesaid final plat (hereinafter
referred to as "Plat") for Filing 1, Subdivision 2, Los Amigos
Ranch P.U.D. and LARP wishes to enter into this Subdivision
Improvements Agreement (hereinafter referred to as "Agreement")
with the County; and
WHEREAS, the County has required and LARP has agreed to pro-
vide security or collateral sufficient in the judgment of the
County to make reasonable provision for completion of certain
public improvements as set forth on Exhibit "B" attached hereto
and incorporated herein Wthie reference; and
WHEREAS, LARP 'ha"s agreed to} execute and deliver. a letter of
credit to+the County. to 4'cure and- guarantee hid performance of
this Agreement and has agreed to certain restrictions regarding
the property within this filing of Subdivision 2, all as more
fully set forth hereinafter.
NOW, THEREFORE, for and in consideration of the premises and
the following mutual covenants and agreements, the parties hereby
agree as follows:
1. LARP's Performance. On or before ( ,1984,
LARP agrees to construct and install, of to cause to be
constructed and installed, at his sole expense, all of the improve-
ments designated in Exhibit "B" hereto and to be in compliance
with:
a) All final plat documents submitted prior to or at the
time of final plat approval.
b) All laws of the United States, State of Colorado, and
its various agencies, affected special districts, and/or other
entities providing utility services.
c) Such other designs, drawings, maps, specifications,
sketches and other matter submitted to and approved by any of the
above stated governmental entities.
1
BOOK 652 PAGE680
The County agrees that provided such improvements are
installed .in accordance with this paragraph 1, then LARP shall be
deemed to have satisfied all terms and conditions of the zoning
and subdivision laws, resolutions and regulations of Garfield
County, Colorado, including, but not limited to, Resolution No.
81-358 adopted by the County on December 1, 1981, and Resolution
No. 82-182 adopted by the County on July 26, 1982, and the provi-
sions of the letter of November 24, 1981 recorded at Reception
No. 350199, Book 645, Pages 369-370 for Subdivision 2, Filing 1,
LARP PUD.
2. Cost of Improvements. It is understood for purposes of
this Agreement that the cost of all of said public improvements
is approximately $/53,t50.00 , which amount the County finds
reasonable and hereby approves and accepts. LARP has provided
written confirmation of such estimates by LARP's engineering con-
sultants, Schmueser & Associates, Inc.
3. Security for Improvements. On or before �S ,
1984, LARP shall deliver a letter of credit issued y a state or
national banking institution which is licensed to do business in
the State of Colorado, in a form acceptable to the County, which
acceptance shall not be unreasonably withheld. The amount of
said letter of credit shall be equal to the "Total: Construction
Costs" of $I531gS0.O0, or a letter for a percent of£;such costs not
yet completed. In the event LARPrfails to,deliver.said letter of
credit by5a,AtISI , 1984 ,• :then the Plat . may be .-vacated byr the
County and in such -event all approvals of the.Subdivision'by the
County shall be deemed to have been withdrawn and rendered null.
and void by such vacation and all parties shall be released from
any further obligation•hereunder. Contemporaneously with the
execution of this Agreement, LARP has delivered its written con-
sent to said vacation in the event an acceptable letter of credit
is not delivered within the time provided; .and this -consent -is
binding upon its successors and assigns and it shall be returned
upon delivery of the letter of credit to.LARP. .
Upon LARP delivering to the County said letter of credit,
LARP shall be entitled to enter into pre -sales agreements. -or the
sale of lots. However, no title to lots shall be conveyed nor
building permits issued until the County has accepted the
completed improvements. Upon delivery to the County of said
letter of credit, the County shall issue written approval in a
form recordable in the office of the Recorder of Garfield County,
Colorado, stating that said letter of credit has been provided
pursuant to this Agreement and that pre -sales agreements may be
made. However, the County shall not be required to issue
building permits for any buildings constructed within the PUD
until such time as all improvements have been accepted by the
County, which acceptance shall not be unreasonably withheld
-2-
41PooK. 652 r* E6S2
7. Amendment. This Agreement may be amended from time to
time, provided that such amendment be in writing and signed by
the parties hereto.
8. School Site Tap Fees. LARP agrees hereby to provide any
tap fees necessary to hook up the elementary school to the Spring
Valley Sanitation District and this obligation shall be met by
LARP at such time as a building permit is issued for the elemen-
tary school. The County agrees and recognizes that this portion
of LARP's financial obligations herein is unknown due to the fact
that the tap fees to be paid or provided for by LARP are due at a
future unknown date, and therefore this obligation need not be
calculated into the provisions of paragraph 3 herein.
9. Binding Effect. This Agreement shall be a covenant
running with the title to each lot or unit within the subdivision
and the rights and obligations as contained herein shall be
binding upon and inure to the benefit of LARP, his successors and
assigns.
Attest:
Clefk to the Board
BOARD OF COUNTY COMMISSIONERS
GARFIELD COUNTY, COLORADO
LOS AMIGOS RANCH PARTNERSHIP
Thomas E. Neal
General and Managing Partner
• That the undetsignedLos Amigos Ranch Partnership, A ..olorado General.
Partnership is/are the owner(s) of that real property situate9 in the
County of Garfield, State of Colorado and being a part of Sections 5
and 8, Township 74 South, - Range -88 West of the 6th Principal Meridian.
as shown on the. accompanying plat,;said real property being more
particularly described as:follows:
,? .. ' t ori the 'weer erl right-of-way of CountyRoad No.,
Beginning at a Y 9 y
114 whence. a ,stone for the:. closing corner to the northeast corner of
said Section' 8 ars. N'73'15'34" E 1508.87 feet, with all bearings
contained here being relativelto a bearing of S 00'32'11" W between
the E 1/4 corner and the;: SE corner of said Section 5, thence; from . a'
tangent bearin 5'"207„40'01"� W.):southrfesterly, 60.13 feet along the arc
of a 2341.71 ;foot taciius:;curve 'to the left having a central angle. of
., Sa�2 " W 60.13 feet along
1'28'17" arxi ; subtend inga�chot�d' bearing ,S 19
said westerly right=of way; ;,.thence N 66'16'26" *n' 50.00 feet; thence
S 37'08'53" h ^ 214 f12' feet;'' hence S 07'25'02" W 245.00 feet; thence
N 90'00'00" V! f2368.3Vfeetfthence N 01'31'35" W' 378.08 feet; thence
N 15'40'46" W 296..02,feet; .thence N 54'14'46" k' 308.06 feet thence
S 87'57'17" W,i1420.27ti(feet, thence N 000000". E 367.85 feet;. thence.:
N 90'00' 00" • E '700.07'('feet; thence N 17'53'47"C 631.45 feet; thence
N 30'04'05" E'60:00,'feet; thence S'59'55'55" E 168.81 feet; thence
N 30'04'05" `�E '}:290:65 ,feetl; thence:S.81'381_00" ..E 547.84 feet; thence ,,
S 08' 36' 52"; E' 69:66 feet; thence 161.39 feet along the arc of a 195.00 <N•
foot radius ui e;"to the �-left',.having a central angle of 47'25'18" and
subtending 2C:dad bearings S ,32 19' 31" E 156.83 feet; thence
S 56'02'10" E` 64`.63 feet; thence 252.95 feet along the arc of a 500.01:
foot radius curve to the left: having a central angle of 28'59'10" and
'di '
subtending a rchord bearing S ;70'31' 45"- E 250.27 feet; thence
S 85'01'20'1:E.% 350.73 feet. thence' 192:61 'feet ;along the arc of a
91.5.00 •foot radius cui^ve: to tile.fleft having, a;,.central angle of
12'03'39" ;and subtending a `-dd nearing N:'8856 50 "'E - 192 25 feet;
..thence,N_A 5; 0q1, E,� 22.9�5�$ ee, t»ence S 09•.06'52": E 428.95 feet;. Y
thence 233.887 feet along. theirs of •a 695:b0 `r t'Ya �s 'cave' to the '• i *,
havingx a ' central . angle, of�:19'16'52" and subtending a . chord .
right,er78 , feet; thence S 10.10'00"t1 104.81 feet;
bearing S 00',31:p4" A' � - 232. ,,
thence 128.02 ;, -;feet � . eet alp the' arc of a 477.49 foot radius curve . to the
left, having ;a: centraL angle :.of 15'21'40" and sti tending a chord
bearing, S<.O2'29 11" h 127 63ifeet; thence 92.49 feet• along the arc of
, a 120.00 foot-radiusj.curve ',t) the: left having a central angle of
'44'09'39" a ndl-subtending.a'chord bearing S 27'16'29" E 90.22. feet;
thence'22888feet along the arc of a 775.10 foot radius curve.to the
left having a central angle of. 16'55'08" and subtending a chord bearing
S 57'48'52" E 228.05 feet; thence S 66'16'26" E 190.98 feet to the
point of beginning, containing 97.75 acres more or less.
•
BOOK 652 PAGE684
LOS AMIGOS RANCH P.U.D.
FILING 1, SUBDIVISION 2
CONSTRUCTION COST ESTIMATES
A. Sewer System (Including Elementary School Ta21
1. Service 5 each @ $500.00 $2,500.00
Sub Total $2,$00.00
B. Water System (Including Elementary School Boundary Line)
1. 8" Water 300 ft. @ $18.00 $ 5,400.00 `t
.
2. 6" Water 3,350 ft. @ $15.00 50,250.00 ;II '4,
3. 8" Valve 1 ea. @ $600.00 600.00
4. 6" Valve 4 ea. @ $400.00 1,600.00
5. Fire
Hydrant 3 ea. @ $1,200.00 3,600.00
6 Service 10 ea. @ $500.00 5,000.00
Sub Total $66,450.00
C. Road System
1. Earthwork 3,374 Ft. @ $8.50 $ 28,700.0.0
2. Base 4,700 Tons @ $9.00 42,300.00
Course
3. Chip Seal 3,374 Ft. @ $4.00 13,500.00
Sub Total $84,5,00.00
• TOTAL ESTIMATED COST $153,450.00