HomeMy WebLinkAbout1.0 ApplicationLOS AMIGOS RANCH PARTNERSHIP
2929 CountY Road 114
Gtenwood SPrings, CO 81601
June 8, 1998
Garfield CountY Commissioners
c/o Mark Bean
Garfield CountY Planning
109 8th Street
Glenwood SPrings, CO 81601
RE:
Gentlemen:
Los Amigos Ranch Partnership hereby requests review and approval of the Final Plat of Los Amigos
nan"n, Fiting S, phaie 2, which coniains twenty-one single family lots.
lf Los Amigos Ranch Partnership can provide further assistance, please contact me at 945-6399'
ResPectfullY submitted,
gr, /5 B*,,1r{ ----
clg ql aoecxer
Mana(er, Los Amigos Ranch
TO:
FROM:
RE:
Garfi eld County Commissioners
Los Amigos Ranch PartnershiP
Response to Preliminary Plan Conditions and Final Plat Requirements
The Applicant submrts the following list of responses to the Los Amigos Ranch, Filing 5, Final Plat
requirements as set forth in the Applicable Preliminary Plan approval.
PRELIMINARY PLAN APPROVAL FILING 5 - RESOLUTION NO. 96-67
Condition No. l:
Response:
Condition No. 2:
Response:
Condition No. 3:
Condition No. 4:
Response:
Condition No. 5:
Response:
Condition No. 5A:
The representations of the Applicant shall be considered conditions of approval'
The Applicant so stiPulates.
A proposed agreement for the transfer of the water rights and system facilities from
the Applicani to the Homeowners Associations shall be submitted to the County
Attorney prior to Final Plat approval.
This agreement was submitted previously as part of the Final Plat approval for
Filing 5, Phase I and a copy is attached hereto as Exhibit 1'
The Applicant shall provide documentation from the Carbondale Rural Fire
Protection District approving the interior road design and fire protection plan'
Applicant shall also provide written proof of $235 per lot payment to the Fire
District pdor to recordation of the Final Plat'
Response: A letter of approval from the Fire District is attached hereto as Exhibit 2. Applicant
agrees to make the required payment.
All roads shall be designed and constructed in accordance with minimum county
standards.
See Consffuction Plans
The Applicant shall construct a northbound left-tum lane at the intersection of
County Road 114 and Los Amigos Drive.
The Applicant has constructed the left-tum lane to specifications' Lane painting
and spring run-off repairs should be completed by July 10, 1998'
The Applicant shall obtain all required approvals from the County to vacate and
relocate the County Road I 14 right-of-way necessary for the left turn lane
construction.
The Applicant has done so.Response:
Conditions No. 58:
Response:
Condition No. 6:
Response:
Condition No. 7:
Response:
Condition No. 8:
Response:
Condition No. 9:
Response:
Condition No. 10:
Response:
Condition No. I 1:
Response:
PRELIMINARY PLAN APPROVAL FILINGS 6. 10 - RESOLUTION NO.98-30
The Applicant shall complete construction of the leffturn lane by 9lll97 or within
the neii construction ,.uron, following completion of legal proceedings and entry
of final order granting title to the County or Applicant for the left-turn lane right-of-
way.
The left-turn lane has been constructed to specifications. Lane painting and spring
run-off repairs should be completed by July 10, 1998'
The Applicant shall pay a road impact fee of $200'00 per dwelling unit at time of
Final Plat approval.
The Applicant so stipulates.
Required Plat Notes (A) - (G)
See Final Plat and Supplemental Declaration (Exhibit 6). Plat Note (B) is not
applicable.
The Final Plat submittal shall include a computer disk of the plat data formatted for
use on County Assessor's CAD system.
A computer disk so formatted accompanies this Final Plat Submittal'
That Filing 5 provides separate lots ofopen space totaling 10 acres, for conveyance
to the owners of those multi-family lots known as Resubdivision of Los Amigos
Ranch, Filing 1, Lots 1 and 2.
See Final Plat for Filing 5, Phase I and deed for multi-family open space
conveyance attached hereto as Exhibit 4.
That all recording fees be paid to the County Clerk and Recorder prior to the
signing of the Final Plat by the Board of county commissioners.
The Applicant so stiPulates.
That all recommendation of the Carbondale Fire District in a letter dated718196
shall be conditions ofaPProval.
The Applicant so stipulates. See emergency access easements on Final Plat and
Exhibit 2.
The residential lots in Filing No. 6, designated as "presently non-developable
single-family " lots will either be merged with adjoining lots in the filing or a
request for minor amendment to the PUD Plan will be made to merge the lots in
question with the open space designation in the PUD'
Condition No. 5:
Response:Condition No. 6 of Resolution No. 98-30 approved the required minor modification
of the PUD to allow (i) the merger of the "presently non-developable single-family
residential" area adjacent to Los Amigos Drive and surrounded by Filing 5 Open
Space with such Fiiing 5 Open Space; and (ii) the merger of the "presently non-
developable single-family residential" area at the end of Monarch Road with
adjoining lots in Filing 5. The within Final Plat submittal reflects these two
"t urg"sl It results in an increase in the amount of Filing 5 Open Space and
prorfr.. a lot reconfiguration that provides improved residential spacing on Lots
L0, 61, 62, and63 and protects the visually sensitive area west of Lot 66. The total
number of residential Lots in Filing 5 remains unchanged'
Section5:2lthorughSection5:24-FinalPlatDoucmentation
ResPonse: See Final Plat
Section 5:31 - Supplemental lnformation A through H
A.
B.
c.
Engineering plans and cost estimates - see construction Documents and
Su5Oivision lmprovements Agreement (Exhibit 3)'
subdivision lmprovement Agreement and consent to Vacate - see Exhibit 3'
Tax Certification - See Exhibit 7'
CovenantsandSupplementalDeclaration-SeeExhibitsSand6.
Evidence of Utility ano noao service - see Final Plat and spring valley sanitation
District letter. (Exhibit 8)
Not Applicable. - - .-.^r^, r^rarmarian car fnrtl.
Evidence of an adequate legal supply of water - See water information set forth in
Exhibit 9.
F.
G.
1.
2.
3.
4.
5.
EXHIBIT LIST
Water Rights and Water Facilities Transfer Agreement'
Carbondale and Rural Fire Protection District letter dated May 29, 1998'
Subdivision lmprovements Agreement.
Deed for Multi-Family Open Space Conveyance'
Amended and Restated Declaration of Covenants , Conditions and Restrictions for
Los Amigos Ranch P.U.D.
Supplemental Declaration.
Tax Certificate.
spring Valley sanitation District letter dated June 4, 1998
Water lnformation.
6.
7.
8.
9.
WATER RIGHTS AND WATER FACILITTES TRANSFER AGREEMENT
THIS AGREEMENT is made and entered into this llth day of August, 1997, by and
between the LOS AMIGOS RANCH PARTNERSHIP, a Colorado general partnership
(hereinafter "LARP"), the RED CANYON WATER COMPANY, a Colorado corporation
(hereinafter "Company"), md the LOS AMIGOS RANCH HOMEOWNERS ASSOCIATION,
a Colorado non-profit corporation (hereinafter "Association");
WITNESSETH:
WHEREAS, LARP is the deveioper of the Los Amigos Ranch PIID, Garfield County,
Colorado, which properfy is more particularly described in Exhibit A, attached hereto and
incorporated herein by reference; and
WHEREAS, LARP has heretofore obtained final plat approvatr for various subdivisions
and filings within the Los Amigos Ranch PUD and has heretofore conveyed lots therein to third
parties; and
WHEREAS, LARP is the owner and contractee of certain water rights, which rights are
more particularly described in Exhibit B, attached hereto and incorporated herein by reference
(hereinafter "Water Rights"); and
WHEREAS, pursuant to that certain lease of LARP Water fughts entered into between
the Company and I-enp dated October 31, 1988, as amended on September 28, 1992, and
November l-, lgg3 (hereinafter "Water Rights Lease"), the Company provides the Los Amigos
Ranch PUD with potable water service (hereinafter "Water Service"); and
WHEREAS, the Company is the owner of certain water facilities, which facilities are
more particulariy described in pxtriUit C, attached hereto and incorporated herein by reference,
and which are used to provide Water Service within the Los Amigos Ranch PUD (hereinafter
"Water Facilities") ; and
WHEREAS, the Company has heretofore entered into certain water delivery agreements
with single-family lot owners located within the Los Amigos Ranch PUD, which agreements are
,nor" p^.ti.ulariy described in Exhibit D, attached hereto and incorporated herein by reference
(hereinafter "Single-Famity Water Delivery Agreements"); and
WHEREAS, the Company has heretofore entered into a water delivery agreement.with
LARP dated August lO, tgg7, which agreement is more particularly described in Exhibit E,
attached hereto and incorporated herein by reference, and which provides for water service to
three existing residences on property commonly known as Lots 5 and 6 of Subdivision II, Filing
No. 1, Los Amigos Ranch pUO, as well as foi the provision of water to LARP for construc[ion
and irrigation purposes within the PUD (hereinafter "LARP Water Delivery Agreement"); and
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Augut ll, 1997
WHEREAS, the Company has heretofore entered into a water delivery agreement with
Pat E. and Patsy J. Dowdy dated October 28, 1988, which agreement is more particularly
described in Exhibit F, attached hereto and incorporated herein by reference, and which provides
for water service to property commonly known as the Auburn fudge Apartments, or Lot 2,
Subdivision No. I, Los Amigos Ranch PUD, as indicated on that Amended Plat for Subdivision
I recorded Reception No. 344098 of the Garfield County Records (hereinafter "ARA Water
Delivery Agreement"); and
WHEREAS, the Company has heretofore entered into a water delivery agreement with
Pat E. and Patsy J. Dowdy dated _,199'7, which agreement is more particularly
described in Exhibit G, attached hereto and incorporated herein by' reference, and which
provides for water service to property zoned for 48 multi-family units commonly known as Lot
1, Subdiuision No. I, Los Amigos Ranch PUD, as indicated on said Amended Plat for
Subdivision I (hereinafter "Dowdy Water Delivery Agreement"); and
WHEREAS, the Association is a duly incorporated Colorado non-profit corporation, and
certain single-family lot owners of property within the Los Amigos Ranch PUD are currently
or shall become members of the Association, as more fuliy set forth in the recorded Amended
and Restated Declaration of Covenants for the PUD; and
WHEREAS, Garfield County, as a condition of further final subdivision plat approvals,
has mandated that LARP and the Company transfer ownership and control of their respective
interests in the Water Rights and Water Facilities to the Association; and
WHEREAS, L,ARP therefore desires to terminate the Water Rights Lease with the
Company and convey and assign to the Association the Water Rights necessary to provide Water
Service to the Los Amigos Ranch PUD, pursuant to the terms and conditions set forth herein;
and
WHEREAS, the Company similarly desires to terminate the Water Rights Lease with
LARP and convey to the Association the Water Facilities pursuant to the terms and conditions
set forth herein; and
WHEREAS, the Company must, therefore, assign its rights and obligations under its
various water delivery agreements to the Association; and
WHEREAS, the Association agrees to accept the conveyance of the Water Rights and
Water Facilities and the assignment of .the various water delivery agreements pursuant to the
terms and conditions hereinafter set forth; and
WHEREAS, the parties hereto desire to set forth their agreement in writing regarding
such conveyances and assignments and provision of Water Service within the Los Amigos Ranch
PUD.
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NOW, THEREFORE, for and in consideration of the mutual covenants and promises
contained herein, the sufficiency of which is hereby acknowledged, the parties agree as follows:
1. Conveyance of Water Facilities. Easements. and Assignment of Water Delivery
Agreements By Company to Association. On the Effective Date, the Company shall convey by
bill of sale to the Association, and the Association agrees to accept, the Water Facilities pursuant
to the terms and conditions of this paragraph and this Agreement. All existing as-built drawings
of the Water Facilities shall atso be transferred to the Association at such time. The Water
Facilities shall be conveyed "as is" and without warranty of any kind or narure whatsoever. On
the Effective Date, the Company shall assign to the Association, and the Association agrees to
accept, all Company rights and interests in and to the Single-Famiiy Water Delivery Agreements
set forth in Exhibit D, the LARP Water Delivery Agreement set forth in Exhibit E, the ARA
Water Delivery Agreement set forth in Exhibit F (which agreement was most recently assigned
to William F. and Pamela A. Gibson, as set forth in Exhibit ID and the Dowdy Water Delivery
Agreement set forth in Exhibit G. On the Effective Date, the Company and/or LARP shall
convey to the Association any and all easements necessary for the operation of the Water, which
are not shown on existing plats for the Los Amigos Ranch PUD. Between the date of execution
and the Effective Date, LARP shaii cause a legai description of all such necessary easements to
be prepared. It is hereby acknowledged that as of the date of the execution of this Agreement
neither the Company nor any party with whom any water delivery agreement has been entered
into are in default of the terms and conditions set forth in said agreements. The Company
represents and warrants that the Water Facilities are free and clear of all liens and
encumbrances.
2. Conveyance of Water Rights By LARP to Association. On the Effective Date,
LARP shall convey to the Association by Quit Claim Deed the Water Rights described in Exhibit
B. Said conveyance shall include and be limited to the water rights associated with the Los
Amigos Ranch Well No. 5 and Rancho Los Amigos Well No. 6, together with any interests
LARP has in the plan for augmentation decreed by the Basalt Water Conservancy District in
Case No. 87CW155 (Water Division No. 5, State of Colorado), including that Water Allotment
Contract entered into between the Basalt Water Conservancy District and LARP dated March
8, 1984 (as amended on October 12, 1992, and November 13 1995), and that Water Allotment
Contract dated July 14, 1986 (as amended on October 12, 1992) (hereinafter coilectively referred
to as the "Water Allotment Contract"). Prior to the Effective Date, LARP shall secure the
approval of such assignment by the Basalt Water Conservancy District. Said conveyance and
assignment shall be "as is" and without warranty of any kind or nature whatsoever. The
Association agrees to accept the Water Rights pursuant to the terms and conditions of this
paragraph and this Agreement. It is hereby acknowledged that, as of the date of the execution
of this Agreement, neither LARP, or the Basalt Water Conservancy District is in default of any
of the terms and conditions of the Water Allotment Con[racts included as part of the Water
Rights. Except as expressiy provided for in this paragraph and this Agreement, LARP shall
retain and reserve for itself any and aii other water rights associated with or appurtenant to the
Ins Amigos Ranch PUD property and/or owned by LARP. LARP represents and warrants that
the Water Rights are free and clear of liens and encumbrances.
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considered by LARP. Upon the Effective Date, the Association shall adopt the
rates and charges schedule and budget prepared by LARP'
4.c. Rules and Regulations. Prior to the Effective Date, the Association shall prepare
proposed ruies and regulations regarding the provision of Water Service for
adoption by the Association, and shail submit such rules and regulations to the
LARP for its review and comment, which comments shatl be reviewed and
considered by the Association. The ruies and regulations shall be consistent with
the terms and conditions of the decrees for the Water Rights and the Basalt Water
Conservancy District Water Allotment Contract. The rules and regulations shall
apply equally and in a non-discriminatory manner to the existing and future users
within the Los Amigos Ranch PUD, and shall not impose any additional charges
on newly platted or unplatted lots except as expressly provided for herein. Upon
the Effective Date, the Association shall adopt such rules and regulations.
4.d. Amendments and Changes to Rates and Charges and Rules and Regulations.
Following the Effective Date, the Association may make such amendments or
changes to the rates, charges, budget, and rules and regulations as the Association
deems appropriate; provided, however, the Association shall submit all such
proposed amendments and changes to LARP for its review and comment prior to
adoption; provided further that all such changes and amendments shall be
consistent with the terms and conditions of this Agreement; and they shall aPply
equally and in a non-discriminatory manner to existing and future Association
Members and shall not impose any additional changes on newly platted lots
except as expressly provided for herein.
4.e. Covenants. The Association shall enforce and not modify without the prior
written consent of LARP any and all of the covenants contained within the
Declarations of the Los Amigos Ranch PUD related to the provision or use of
water within the PUD, including but not limited to lawn irrigation limitations.
4.f . Additionai Water Facilities. The Association shall accept future Additional Water
Facilities as may be constructed by LARP pursuant to Paragraph 6.d., below,
provided:
(1) Additional Water Facilities shall be conveyed to the Association by LARP
"as istt;
(2) LARP shall assign to the Association any and all construction, material,
and equipment warranties it obtains in connection with Additional Water
Facilities; and
(3) LARP shall deliver to the Association the written certification of a
registered professional engineer that the Additional Water Facilities have
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3. Effective Date. The Effective Date of this Agreement, and the closing of the
conveyances and assignments set forth in Paragraphs 1 and 2, above, shall be midnight
December 31, lgg7 . The parties shall cooperate between the date of the execution of this
Agreement and the Effective Date for the purpose of allowing the Association to adequately
prepare to take over the Water Rights, Water Facilities, and various water delivery agreements
and thereby provide for the efficient transfer to, and orderly takeover by, the Association of
Water Service within the Los Amigos Ranch PUD.
4. Association Rights and Obligations.
4.a. Agreement to Provide Water Service. Upon the Effective Date and thereafter,
the Association shall own, operate, maintain, repair, and replace the Water
Facilities and any Additional Water Facilities (see Paragraphs 4.f. and 6.d., ilfra)
conveyed by the Company and the Water Rights conveyed by LARP for the
benefit of property owners within the Los Amigos Ranch PUD. This provision
of Water Service by the Association complies with Section 4.8(D) of the
Amended and Restated Declaration of Covenants, Conditions, and Restrictions for
Los Amigos Ranch PUD recorded on February 15, 1991, in Book 799 atPage
48 of the GarFreld County Clerk and Recorder's records as Reception No. 421306
(hereinafter "Declaration"). The Association shall operate and maintain the Water
Facilities and any Additional Water Facilities in a manner consistent with the high
quality nature of the Los Amigos Ranch PUD development to ensure Water
Service is provided in an uninterrupted and quality manner to users within the
PUD. For this purpose, the Association shall operate and make such repairs,
replacements, and improvements to the Water Facilities and any Additional Water
Facilities as are necessary to ensure provision of the Water Service within the
PUD in a manner consistent with local, st:ate, and federal laws and regulations
regarding the provision of potable water. For this purpose, the Association shall
employ such consultants, including attorneys, engineers, and operators, as are
necessary and appropriate to ensure the Association complies with the terms and
conditions of this paragraph and this Agreement.
4.b. Charges for Water Service. The Association shall impose upon property owners
such monthly, quarterly, or yearly charges for Water Service as are necessary to
provide for the operation, maintenance, repair, and replacement of the Water
Facilities and any Additional Water Facilities, including a reserue for replacement
component. Except as expressly set forth in this Agreement or the various water
delivery ugre"rents, said charges shall be imposed in a non-discriminatory
manner among similar users; provided, however, said charges may be calculated
in a manner that imposes increased charges for increased water usage. Prior to
the Effective Date, LARP shall prepare proposed rates and charges and a
proposed annual budget regarding provision of Water Service for adoption by the
Association, and shall submit such proposed rates, charges, and budget to the
Association for its review and comment, which comments shall be reviewed and
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(4)
been constructed in accordance with the plans and specifications approved
by Garheld County and/or the Colorado Department of Public Health and
Environment, together with "as built" drawings for such Additional Water
Facilities.
So long as LARP is in compliance with the terms and conditions of this
Agreement and Paragraph 6.d., the Association agrees to serve the entire
Los Amigos Ranch iUb wlth potable water. Upon the conveyance by
LARP of-Additional Water Facilities to the Association, the Association
shall own, operate, maintain, repair, and repiace said Additional Water
Facilities in the same manner as the Water Facilities conveyed pursuant
to Paragraph 1, above, and in a manner consistent with and in compliance
with the telms and conditions of this Agreement and Paragraph 4.a.
Compliance With Decrees and Contracts By Association. The Association shall
Ot. *V and all steps necessary to compiy with the terms and conditions of the
decrees and contracis related to ttre Water Rights conveyed by LARP, including
without limitation any and atl stipulations herein regarding the Water Rights and
the payment of the annual charges imposed by the Basalt Water Conservancy
District under the Water Allotment Contract. The Association shall not reduce
the amount of water under contract with the Basalt Water Conservancy District
nor change any other Water Rights conveyed by LARP without the prior written
consent of LARP. The Association shall take all actions necessary to preserve
and protect the Water Rights, including without limitation defense against third-
party actions which *ould in any way injure or impair the Water Rights, and to
utilize the Water Rights for beneficial puryoses to the maximum extent possible
to protect the Water Rights from claims of abandonment. In the event the
Association fails to .o*p1y with the terms and conditions of this paragraph for
any reason, LARP retains the right to take any action necessary to preserve,
prot""t, utilize, and maintain the Water Rights at the sole expense of the
Association pursuant to the terms and conditions contained in Paragraph 8, below'
No Service to Third Parties. Following the Effective Date until five (5) years
after the recordation of the final subdivision plat for the Los Amigos Ranch PUD,
the Association shall not provide Water Service to third parties for any use or
purpose outside the Los Amigos Ranch PUD, without the prior written consent
of ienp. In no event shali provision of water to third parties for any use or
purpose outside the Los Amigos Ranch PUD interfere with the provision of water
service within the PUD. '
No Assignment. Conveyance. or Encumbrance. Following the Effective Date
until five (5) years after the recordation of the finai subdivision plat for the I-os
Amigos nanch PUD, the Association shall not sell, assign, convey, transfer,
hypotnecate, lease, loan, or encumber the Water Facilities, Additional Water
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4.h.
Facilities, or Water Rights, without the prior written consent of LARP.
4.j. Standby Fees. The Association shall not charge LARP or its successors, as the
owner(s) of unpiatted property within the Los Amigos Ranch PUD, any standby
fees or availabitity of services fees or other fees or charges of a similar nature.
The Association may charge reasonabie standby fees to lot owners of platted lots
within the Los Amigos Ranch PUD; provided, however, such charges shall not
be imposed for a three (3) year period from the date of the final plat approving
such lot and shall not exceed f,rfty percent (50%) of the effective monthly water
service fees for similar properties.
4.k. Separate Billing Required. The Association agrees the water charges it imposes
hereunder shall be separate and apart from any Homeowners Association dues or
other fees or charges imposed for other purposes.
4.1. Bulk Rates for Certain Users. The Association shall not charge individual
metered rates to: Multi-Family users; High-Density Single-Family users, and
Commercial users (as determined by the amended Los Amigos Ranch PUD
Zoning Map set forth in Exhibit J, attached hereto and incorporated herein by
reference). Such users shall be charged bulk rates based upon the projected usage
of buildings or subdivisions, which charges shall in turn be allocated among
individual users by the applicable association, building owner(s), or other entity
controlling the relevant area.
4.m. Cooperation With LARP. The Association agrees to fully cooperate with LARP
in seeking approval from the County for future filings by providing all relevant
and necessary water service information to the County in furtherance of such
approval.
5. Existing Contracts.
5.a. Single-Famiiy Water Delivery Agreements. Upon the Effective Date, the
Association igr.". to accept the assignment of and be bound by the terms and
conditions seiforth in the Single-Family Water Delivery Agreements should the
property owners who are parties to such delivery agreements elect to enforce the
terms and conditions of their delivery agreements. If such an election is made
by a property owner, the Association shall have the obligation to enforce the
terms and conditions of said particular Single-Family Water Delivery Agreement
throughout the renewal tdrms thereof and, upon the expiration of said agreement
and the renewal terms thereof, to provide Water Service to that Single-Family lot
on the same terms and conditions as the Association provides Water Service to
similar Single-Family lots; provided, however, any Single-Famiiy lot owner
receiving Water Service from the Association subsequent to the expiration of a
Single-Family Water Delivery Agreement shall be bound by all rules and
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1
regulations of the Association regarding Water Service and shall be obligated to
pay the rates and charges for Water Service lawfully imposed by the Association,
including reasonable charges for an equity interest in the Water Rights, Water
Facilities, and any Additional Water Faciiities as deemed appropriate by the
Association.
Prior to the Effective Date, any property owner who is a party to a Single-Family
Water Delivery Agreement may decide not to enforce the terms and conditions
of said agreement subsequent to the Effective Date and instead receive Water
Service from the Association as contemplated in Paragraph 4.a., above. Said
owners shail then be subject to the decisions, rules, and regulations made or
imposed by the Association pursuant to the terms and conditions of this
Agreement, including the appropriate charge for single-family lots water service.
5.b. Dowdy Water Delivery Agreements. On the Effective Date, the Association
agrees to accept the assignment of and be bound by the terms and conditions set
forth in the ARA Water Delivery Agreement and the Dowdy Water Delivery
Agreement. Upon the expiration of said Agreements, and any renewal terms
thereof, the Association shall continue to provide Water Service to said properties
on such terms and conditions as are mutually agreeable; provided, however, said
properties shall be bound by any rules and regulations of the Association
regarding Water Service and shail be obligated to pay the charges for Water
Service lawfully imposed by the Association
5.c. LARP Water Delivery Agreement. On the Effective Date, the Association agrees
to accept the assignment of and be bound by the terms and conditions set forth
in the LARP Water Delivery Agreement. Upon the expiration of said agreement
and any renewal terms thereof, the Association shall continue to provide Water
Service to said properties on the same terms and conditions as the Association
provides Water Service to similar users within the Los Amigos Ranch PUD;
provided, however, said properties shall be bound by any rules and regulations
of the Association regarding Water Service and shall be obligated to pay the rates
and charges for Water Service lawfully imposed by the Association.
6. Respective Rights and Obligations of LARP alld the Association.
6.a. Tap Fees. The Association acknowledges LARP and the Company constructed
at their sole expense the Water Facilities to be conveyed to the Association
pursuant to Paragraph 1, and LARP expended money in connection with the
acquisition and development of the Water fughts set forth in Paragraph 2. The
Association agrees LARP and/or the Company are entitled to recover such costs
by the imposition of a one-time, non-refundable tap fee (also known as a plant
investment fee or system development fee) to be imposed upon new property
owners within the Los Amigos Ranch PUD. The Association further
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acknowledges that insofar as LARP has agreed, pursuant to Paragraph 6.d.,
below, to construct Additional Water Facilities as may be necessary to provide
Water Service to additional development within the Los Amigos Ranch PUD,
LARP is entitled to recover the additionai costs incurred as part of such
construction.
Based upon said capital investments by LARP and the Company, prior to the
Effective Date, LARP and/or the Company shall be entitled to enter into capital
recovery agreements regarding such tap fees, enlargement in existing use fees,
multi-famiiy oversizing for,- or other cost recovery fees in amounts to be
determined by LARP and/or the Company in their sole discretion. Prior to the
Effective Daie, the Company may also enter into additional water delivery
agreements with third parties which shall be assigned to the Association pursuant
to Paragraph 1, above.
Following the Effective Date, LARP shall be similarly entitled to enter into
capital r*ou.ry agreements regarding such tap fees, enlargement in existing use
fees, multi-family oversizing fees, or other cost-recovery fees in amounts
determined by LARP in its sole discretion; provided, however, in no event shall
LARP be entitled to recover more than its actual costs incurred, plus nine percent
(9%) per annum, from the date of expenditure, in development and acquisition
of the Water Rights and in the design, installation, and construction of the Water
Facilities and any Additional Water Facilities (hereinafter "Facility Costs") as
reasonably determined by LARP. For the purpose of obtaining reimbursement
of its Facility Costs, inituding without limitation the costs for oversizing the
Water Facitities to serve future development or multi-family uses within the los
Amigos Ranch PUD, LARP may enter into such cost recovery agreements with
the purchasers of developable property or the owners of developable property
within the Los Amigos Rancir PUD, as LARP in its sole discretion deems
appropriate, provided, however, any such recovery shall, together with amounts
collected foi tap fees, not exceed the amounts expended by LARP for such
Facility Costs, plus nine percent (9%) per annum from the date of the
expenditure.
6.b. Excess Water Rights. The parties agree and acknowledge that the Water Rights
conveyed by LARP to th; Association have been determined sufficient by
Garheld County and the State of Colorado to provide Water Service to the entire
Los Amigos Ranch PUD as presently approved. The parties also acknowledge
and agree that LARP's ddvelopment plans for the PUD may change and, pending
full divelopment, excess Water Rights are available for use. LARP hereby
expressly ,"r"*.s the right to utilize, at no cost or charge by the Association,
any and all excess Water Rights conveyed to the Association pending the need for
such Water fughts to providi Water Service within the Los Amigos Ranch PUD,
and the Associition ugr..s to such reservation. Further, in the event the ul[imate
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needs for Water fughts to serve the Los Amigos Ranch PUD, as reasonably
determined by LARP, are less than the Water Rights conveyed by LARP to the
Association, LARP resewes the right to utilize such excess Water Rights in the
future. The sole cost to LARP of utilizing such ultimate excess Water Rights
shall be the acre-foot cost of such water under the Water Allotment Contract.
The quantity of Water Rights necessary to serve the subdivision shall be based
upon the assumptions and requirements contained in the augmentation plan
heretofore decreed in Case No. 87CW155 (Water Division No. 5, Colorado), a
copy of which is attached hereto as Exhibit I.
6.c. Excess Capacity of Water Facilities. The parties agree and acknowledge that the
Water Facilities conveyed by the Company to the Association pursuant to
Paragraph 1, above, as weil as any Additionai Water Faciiities conveyed to the
Association pursuant to Paragraph 6.d., below, may, at any given point in time,
including at fulI deveiopment of the Los Amigos Ranch PUD, have excess
capacitiei which are not reasonably needed or necessary to provide Water Service
to the PIID. LARP therefore hereby reserves any excess capacity for its use, or
for conveyance or sale to third parties within or without the Los Amigos Ranch
PUD, in iARP's sole discretion; provided, however, LARP shall pay the actual
operation and maintenance costs for the wells and pumps only, based upon
LARP's proportionate water use at the well heads associated with such use by
LARP. Foi purposes of this paragraph, the parties agree the 600 gallons per
minute associated with Well Nos. 5 and 6, as more fuliy set forth in Exhibit B,
are in excess of the diversion rates necessary to provide Water Service within the
Los Amigos Ranch PUD. Use of water by LARP pursuant to this paragraph shall
not unreasonably interfere with the provision of water service within the PUD.
6.d. Additional Water Facilities. LARP and the Association agree and acknowledge
that LARP intends in the future to apply for and secure the approval of Garfield
County for additional subdivision final plats within the Los Amigos Ranch PUD.
As part of said applications and approvais, LARP shall cause a registered
Colorado professional engineer to design Additional Water Facilities as are
necessary to provide water service to such subdivisions, as may be reasonably
determined Uy I-enf and approved by Garfield County. LARP agrees that any
Additionat Water Facilities shall be generally consistent with the standards and
specifications of the existing Water Facilities, and shall be designed and
constructed to the standards of the industry and in a manner that will not
unreasonably interfere with the provision of Water Service to the existing users
within the Los Amigos Ranch PUD.
Following design approval by Garfieid County of any Additionai Water Facilities,
LARP shall cause, at no cost to the Association, such Additional Water Facilities
to be constructed pursuant to any subdivision improvement agreement entered into
between LARP and Garfield County. The Association agrees LARP may use any
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Augut 11, 1997 -10-
and all existing or future easements, right-of-ways, open space or common area
property within the Los Amigos Ranch PUD for this and other utiliry purposes;
provided, however, LARP shall revegetate with native grasses all disturbed areas.
Upon approval of completion of Additionai Water Facilities by Garfield Counry
and/or the release by the County of any performance guarantee provided by
LARP, LARP shall convey such Addirional Water Facilities "as is" (subject to
all construction, materiai, and equipment warranties as set forth in Paragraph
4.f.) to the Association by bill of sale or other appropriate instrument.
6.e. Modification to Los Amigos Ranch PUD. LARP expressly reserves the right, in
its sole discretion, to seek modification of the presentiy approved [,os Amigos
Ranch PUD to the extent permitted by law.
7. Miscellaneous Provisions.
7.a. Cash Balances: Accounts Receivable: First In/First Out. Upon the Effective
Date, LARP and the Company sha-ll retain ownership of all outstanding accounts
receivable and cash balances, after payment of all invoices of the Company
actuaily billed and received by the Company and related to Water Service. The
Association agrees to accept the assignment of, and assume responsibility under,
all contractr of th" Company and/or LARP related to Water Service. The
Association agrees all ratei and charges received by the Association shall be first
applied to -y u..ount receivable retained by the Company andior LARP for such
customer. Each party shall have a reasonable right of inspection of each other's
books regarding iccounts receivable and accounts payable during normal business
hours to ensurJ compliance with the terms and conditions of this paragraph.
7.b. Physical Connection Inspection Charge. The Association shall have the right to
charge new users a reasonable fee, not to exceed actual costs, for inspections by
the Association of the new users' initiai physical connection to the Water
Facilities and installation of an individual water meter and pressure-reducing
valve. Actual costs shall inciude but not be limited to administrative, field-
related, and consulting costs.
7.c. Insurance. Upon the Effective Date, and for a period of twenty (20) years from
the Effective iate, the Association shall obtain and maintain property and liability
insurance in the minimum amount of $1,000,000.00 and $2,000,000'00,
respectiveiy, and shall cause LARP to be named as a co-insured on the liability
insurance. Upon request, the Association shall provide LARP with a copy of said
insurance policy.
7.d. Matters Not Expressly Covered. The parties hereto acknowledge there may be
matters not expiessly covered or addressed by this Agreement which hereafter
become known. The parties agree to cooperate and take actions as are necessary
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Augut ll, 1997 -11-
regarding such matters as is consistent with the intent of this Agreement.
8. Breach. In the event of a breach of any of the terms and conditions of this
Agreement, the non-breaching party shall give the party in default written notice of said breach
,n? " thirry (30) day right toiure. In the event the breaching parry has not cured said default
within the 30-day period, the non-breaching party may bring an action in the Garfield County
District Court for damages, mandatory injunctive relief, and/or specific performance. In the
event of litigation to enforce the terms and conditions of this Agreement, the prevailing parry
shall be entitled to reasonable attorney fees and costs.
In addition to the foregoing remedies, following a failure of either party to cure after
notice, the non-defaulting party strall have the right, but not the obtigation, to take such actions
as are necessary in that-party's sole discretion, to operate, maintain, repair, and replace the
Water Facilities and any edditional Water Facilities, protect and preserve the Water Rights in
the manner required Uy ttrls Agreement or cure any other default under this Agreement and shall
be entitled to recover from the defaulting party any and all monies spent by the non-defaulting
parfy for this purpose, together with interest until paid at the rate of eighteen percent (l\Vo) pet
annum, calculated monthly and compounded annually.
g. Assignment: Benefits. This Agreement shall be binding upon and inure to the
benefit of the ,u..Jrro., and assigns of the parties hereto; provided, however, the rights and
obligations of the Association shall not be assigned by the Association to a third party without
tn" l.ior written consent of LARP; provided further, the reserved rights of LARP may be
assigned to a third party, in whole or in part, without the consent of the Association (regardless
of whether such assignee has an interest in the Los Amigos Ranch PUD property), so long as
LARP provides to the Association written notice of such assignment.
10. Indemnification. The Association shall indemnify and hold LARP harmless
against *y *a utl claims, including attorney fees, that arise after the Effective Date, which
.i^i., ariie out of or relate in any way to: the Association's ownership and operation of the
Water Facilities, Additional Water Facilities or Water fughts; the provision of Water Service
within the Los Amigos Ranch PUD; the Association's compliance or lack thereof with the terms
and conditions of this Agreement or applicable governmental regulations; or any water aeliyerY
agreements assigned bylne Company io the Association. LARP shall indemnify and hold the
Association harmless against any ind all claims, inciuding attorney fees, which claims arise out
of or relate in any *"y to, LARP's or Red Canyon's ownership and operation of the Water
Facilities or Water Rights, or the provision of Water Service within the Los Amigos Ranch
pUD, or any Water teiivery agieements with the Company or applicable governmental
regulations, which claims arose beforei the Effective Date; and LARP'S and Red Canyon's
compliance or lack thereof with the terms and conditions of this Agreement.
11. Notice. All notices required under this Agreement shall be in writing and shall
be hand delivered or sent by registered or certified mail, return receipt requested, postage
prepaid, to the addresses of the purti.r herein set forth. All notices so given shall be considered
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Augut ll, 1997 -12-
effective seventy-two (72) hours after deposit in the United States Mail with the proper address
as set forth below. Either party by notice so given may change the address to which future
notices shall be sent.
Notice to LARP:
With copy to:
Notice to Company:
With copy to:
Notice to Association:
Los Amigos Ranch Partnership
2929 Counry Road 114
Glenwood Springs, CO 81601
Leavenworth & Associates, P.C.
P. O. Drawer 2030
Glenwood Springs, CO 81602
Red Canyon Water Company
c/o Greg Boecker
1011 Grand Avenue
Gienwood Springs, CO 81601
Leavenworth & Associates, P.C.
P. O. Drawer 2030
Glenwood Springs, CO 81602
Los Amigos Ranch Homeowners Association
P. O. Box 3082
Glenwood Springs, CO 81602
12. Complete Agreement. This document embodies the entire and complete
agreement of the parties on the subject matter herein. No promise or undertaking has been made
by any party, and no understanding exists with respect to the transaction contemplated, except
as expressly set forth herein. All prior and contemporaneous negotiations and understandings
between the parties are integrated and merged into this Agreement.
13. Governing Law. This Agreement shail be governed by the laws of Colorado,
which state shall also be deemed the place where this Agreement was entered into and the place
of performance and transaction of business of the parties. In the event of litigation pertaining
to this Agreement, the exclusive forum, venue, and place of jurisdiction sha1l be Garfireld
County, Colorado, unless otherwise designated in writing by the parties.
14. No Waiver. Modification or waiver of any of the provisions in this Agreement
shall be effective only if made in wiiting and executed with the same formality as this
Agreement. The failure of either party to insist upon strict performance of any of the provisions
of this Agreement shall not be construed as a waiver of any subsequent default of the same or
similar nature.
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Augut ll, 1997 - 13-
,/7
-______r'_ / /k__/By --'llt4-
President
15. Severability. If any covenant, term, condition, or provision contained in this
Agreement is held by a court of competent jurisdiction to be invalid, illegai, or unenforceable
in any respect, such covenant, term, condition, or provision shall be severed or modified to the
extent necessary to make it enforceable, and the resulting Agreement shall remain in full force
and effect.
16. Section Headings. The section or paragraph headings contained within this
Agreement are inserted for convenience only and shali not be construed to vary or add to the
meaning of the Agreement.
17. Recording. This Agreement and the exhibits hereto shall be recorded at LARP's
expense in the office of the Clerk and Recorder of Garfield County; provided, however, that
oniy . single representative sample of the Single-Family Water Delivery Agreements set forth
in ixhibitb, along with a complete list of legal descriptions for all properties affected by such
agreements, shall be recorded.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in triplicate
originals on the day and year first written above.
LOS AMIGOS RANCH PARTNERSHIP
RED CANYON WATER COMPANY
By
ATTEST:
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Augut ll, 1997
General Partner
-14-
LOS AMIGOS RANCH
HOMEOWNERS ASSOCIATION
ATTEST:
WITNESS my hand and officiai seal.-
IvIy Commission expires: I l-'\
By
-=
t zagJ -President t
l/ da
-. '-.,.:1-.-r
-7--u .*
. .- ,1,1--;+ ,' L'
srArE or CCtcrMC I
couNry oFOG.,-,9*il'Si) L
Acknowledged, subsctipqd, qnd sworn to before me this I I day of uLLe'\te'iCi
ar-I t . z', i: l\. (uL (a'\u\-'---. v
Iggl,Ay , as General Partner, onEEttf of Los Amlgo$Ranch
Partnership
WiTNESS my hand and official seal.
I{y Commission expires: I t-'."'-
a.s Secretary, on behalf of Red Canyon Water Company.
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Augut ll, 1997
Notary Public
-15-
STATE OF COLORADO )..)ss.
COUNTyOf( ,4: i '-: ,l-;
I
Acknowledeed. subSlggT,AVM and sworn to before me this t ! day;f '-'l t^, 1,/-\!\Acknowledeed. subScribed. and sworn to before me this t ! dav of -,dr-'. \'.'-\1,V , as President, and AV ,At." y" :S -IX"AW;,1-:t[v" S r::rr:l@--
as Secretary, on behalf of Los Amigos Ranch Homeowners Association-,
WTINESS my hand and officiai seai.
My Commission expires:
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Augut ll, 1997 -16-
Carbondale & Rural Fire Proteetion Distriot
3@ Meadowood Drive
Carbondale, CO 81623
(970) 9692491
Fax: (970) 963-0569
May 29, 1998
Mark Bean
Garfield County Planner
109 Eighth Street, Suite 303
Glenwood Springs, CO 81601
RE: Los Amigos Ranch, Filing 5- Phase 2
I met with Crreg Boecker thrs yesterday to review the road layout for Filing 5 - Phase 2. I would
offer the following comments:
1. The general road layout for the filing is acceptable including the location of the emergency
ur."i, road that will connect Crescent Place to Monarch Road.
2. Greg has proposed relocating the access road which connects Monarch Road to the
water storage tank. The access road would be relocated further to the west and can be
used as an emergency access road. This would be acceptable.
3. Greg has also proposed eliminating the cul-de-sac that had previously been proposed for
the north end of Monarch Road. Monarch Road would essentially end at the intersection
of Crescent Lane at which point it would become an access road for two lots north of
Crescent Lane. I have recommended that the road maintain at least a 20-foot width to the
point where the water tank access road begins.
Please call if you have any questions.
BillGavette
Fire Marshal
cc: Greg Boecker
'WW
SUBDIVISION IMPROVEMENTS AGREEMENT
LOS AMIGOS RANCH, FILING 5' PHASE 2
THIS AGREEMENT is made and entered into this-day of a
between Los AMIGOS RANCH PARTNERSHIP (hereinafter referred to as "owner") and the
BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO
(hereinafter referred to as the "County");
WITNESSETH:
WHEREAS, 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 and more particularly
described in County Resolution No. 96-34; and
WHEREAS, preliminary plan approval was issued by the County for that portion of the Los
Amigos p.U.D. designated as Los Amigos Ranch, Filing 5, under the terms and conditions set forth
in County Resolution No. 96-67; and
WHEREAS, both the Los Amigos Ranch approval and the Preliminary Plan approval
contemplated developnient of the Los Amigos Ranch P.U.D. in phases; and
WHEREAS, Owner has submitted to the County for its approval, the Final Plat for Los
Amigos Ranch, Filing No. 5, Phase 2 (hereinafter "Final Plat") for a portion of the property lying
within the Los Amigos p.U.D. more particularly described in said Final Plat and set foth in Exhibit
A attached hereto and incorporated herein by this reference; and
WHEREAS, as a condition of approval of the Final Plat and as required by the laws of the
State of Colorado, Owner wishes to enter into this Subdivision Improvements Agreement with the
County; and
WHEREAS, Owner has agreed to execute and deliver to the County cash or other security,
deemed sufficient by the County to secure and guarantee Owner's performance of this agreement,
and has agreed to certain restrictions and conditions regarding the issuance of building permits,
certificates of occupancy and sale of properties, all as are more fully set forth hereinafter.
NOW, THEREFORE, for and in consideration of the premises and the mutual covenants
and agreements herein contained, Owner and the County agree as follows:
I. Ownerts Performance
A. Owner has constructed and installed or will cause to be constructed and installed, at
its sole expense, those improvements related to the Los Amigos Ranch, Filing No. 5, Phase 2
,1998,
Page 1
(hereinafter "subdivision") which are required to be constructed by Resolution No. 96-34,
Resolution No. 96-67, the Final plat and all County Zoning and Subdivision Regulations. The
improvements set forth therein will be completed in compliance with the following:
1. all plat documents submitted prior to or at the time of the Final Plat approval,
including, the terms of the certificates for improvements completed prior to the date hereof,
which plat documents are incorporated herein by reference, and made a part of this
agreement;
Z. all requirements of Resolution Nos. 96-34 and 96-70 including all
requirements of the Garfield County Zonrng Code and Garfield County Subdivision
Regulations as they relate to the Subdivision.
3. all laws of the United States, the State of Colorado, the County of Garfield
and its various agencies and affected special districts'
4. all terms and/or conditions and/or requirements contained within such other
designs, maps, specifications, sketches, and/or other materials submitted to and approved by
any of the above-stated govemmental entities.
B. All improvements required herein shall be constructed by Owner on or before
September 30, 1999 unl.r, within said time period, Owner obtains from the County an extension of
time to complete the improvements, which extension, upon a showing by Owner of a reasonable
need therefor, will not be withheld by the County.
C. The County agrees that if all improvements are installed in accordance with this
agreement, the Final Plat documents, and the requirements of the Preliminary Plan, then the Owner
shall be deemed to have satisfied all terms and conditions of the Zoning, Subdivision, Resolutions
and Regulations of Garfield County, Colorado including but not limited to, Resolution No. 96-34
and Resolution No. 96-67.
II. Cost of ImProvements
The total estimated cost of completion of the unfinished improvements related to the
Subdivision, as set forth and certified by a licensed engineer of Exhibit B attached hereto, is
$35,000.00 which amount the County finds reasonable and hereby approves and accepts.
III. SecuritY for ImProvements
A. Simultaneously with the execution of this Agreement by both parties, Owner shall
deliver cash or other security in a form acceptable to the County and payable to the County Treasurer
in the amount equal to the "Total Estimated Cost" of the unfinished improvements in the amount set
forth and certified in Exhibit B of $35,000.00. If utilized by Owner, the County hereby agtees to
Page 2
deposit said cash in a separate interest-bearing account to be designated and distributed in the
manner prescribed in herein.
B. As Owner completes the improvements designated in Exhibit B and receives invoices
in connection therewith, it shall forward to the Garfield County Director of Regulatory Services a
request for payment, an invoice, and certification of completion submitted by a registered
professional engineer. Such certification shall certiff that the improvements have been constructed
in accordance with the requirements of this Agreement and any exhibits attached hereto. Such
certification shall also certlfy that the amount of reimbursement by the County for any line item
listed on Exhibit B does not exceed the amount stated in Exhibit B.
C. Upon receipt of Owner's request, invoice and certification, the County may inspect
and review the improvements certified as complete to determine whether or not said improvements
have been constructed in compliance with the relevant specifications. If the County determines that
all or a portion of the improvements certified as complete are not in compliance with the relevant
specifications, the Couniy shall furnish a letter of potential deficiencies to the Owner within (15)
fiftee., days specifying which improvements are potentially deficient. If no letter of potential
deficiencies is furnished within said (15) fifteen day period, all improvements certified as complete
shall be deemed accepted by the County and the County shall issue from the account hereby created,
a check or draft to owner's designated payee in the amount of the invoice. If a letter of potential
deficiencies is issued which identifies a portion of the certified improvements as potentially
deficient, then all improvements not so identified in the letter of potential deficiencies shall be
deemed accepted and the County shall issue payment as such relates to the certified improvements
that are not identified as potentially deficient in the letter.
D. With respect to any improvements certified as complete by the Owner that are
identified as potentially deficient in a letter of potential deficiencies as provided in paragraph C
above, the County shalihave (30) thirty days from the date of the letter of potential deficiencies to
complete its investigation and provide written confirmation of the deficiency to the Owner. If upon
further investigatior, th. County finds that the improvements are acceptable, then the appropriate
payment will be made by the County within (10) ten days after completion of such investigation.
In the event the improvements are not accepted by the County, the County, upon written findings
made by the Board of Commissioners justifying the same, shall be entitled to draw upon the account
created herein for the purpose securing payment for the completion of said improvements in
conformance with the specifications. Additionally, the County shall provide the Owner a reasonable
period of time to cure any deficiency prior to initiating the remedy provided the County in this
paragraph.
Page 3
IV. Enforcement
In addition to any rights which may be provided by Colorado statute, it is mutually agreed
that the County or any purchaser of a lot within the Subdivision shall have the authority to bring an
action in the District Court of Garfield County, Colorado, to compel the enforcement of this
agreement. Such authority shall include the right to compel rescission of any sale, conveyance, or
transfer of any lot contrary to the provisions of this Agreement, or set forth on the Final Plat, or in
a separate retorded instrument. Any such action shall be commenced prior to the issuance of a
building permit by the County for such lot ; and in the event no such action is so commenced, then
the County and any purchaser shall be deemed to have waived their rights and authority herein
provided.
V. Approval of Plat and Consent to Vacate
The County agrees to approval of the Final Plat subject to the terms and conditions of this
Agreement. In the evint the Owner fails to comply with the terms of the Agreement' Owner agrees
that the County may vacate the Final Plat, as it pertains to undeveloped lots only. Any existing
developed lots or lots on which improvements have been properly constructed shall not be vacated,
and the Final plat as to those lots shall remain valid. Owner shall provide a survey and complete
legal description, with a map showing the location of any portion of the plat so vacated'
VI. Issuance of Building Permits
As one remedy for breach of this agreement, the County may withhold building permits for
any structure within the Subdivision. Additionally, the parties agree that no certificate of occupancy
shall be issued for any building or structure within the Subdivision until all subdivision
improvements have been completed and are operational, as required by this agreement' Finally, the
Owner herein agrees that pritr to the conveyance of any lot within the Subdivision, that it will
provide to the p*.hur.r ofitrat lot a signed copy of Exhibit C attached hereto, notifying the owner
tf tn" foregoing restrictions upon issuance of building permits and certificates of occupancy'
VII. Roads
Roads within Subdivision shall be private roadways and shall be maintained and repaired by
the Los Amigos Ranch Homeowners Association, Inc. Approval of roads within Los Amigos
Ranch, niling S, shall not obligate the County to construct, maintain, repair, or replace such roads'
All offsite road improvements for the Los Amigos Ranch P.U.D. previously made are canceled, and
the Los Amigos Ranch p.U.D. offsite road commitments set forth in Resolution No. 96-67 shall
supersede the same.
Page 4