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HomeMy WebLinkAbout2.0 SIARECORDED '`' �O'CLOCK • REC # 463202 • 3 Kalb ;5y; MILDRED ALSDORF, GARFIELD COUNTY CLERK BooX0902 1GF 583 LOS AMIGOS RANCH PUD, SUBDIVISION II, FILINGS 3 & 4 THIS AGREEMENT is made and entered into this —day of 1994, between LOS AMIGOS RANCH PARTNERSHIP (hereinafter referred to as "LARP") and the BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO (hereinafter referred to as the "County"); WITNESSETH: WHEREAS, a Subdivision Improvements Agreement is required as a condition of approval of the aforesaid Final Plat (hereinafter referred to as "Plat") for Subdivision II, Filings 3 & 4, Los Amigos Ranch P.U.D. (more particularly described in Exhibit A attached hereto and incorporated herein by this reference), 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 provide security or collateral sufficient in the judgement of the County to make reasonable provision for completion of certain public improvements a set forth on Exhibit B attached hereto and incorporated herein by this reference; and WHEREAS, LARP has agreed to deliver cash to the County to secure and guarantee its performance of this Agreement and has agreed to certain restrictions regarding building permits within these Filings 3 & 4 of Subdivision II, 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. A. On or before May 30, 1995, LARP agrees to construct and install, or to cause to be constructed and installed, at its sole expense, all of the improvements designated in Exhibit B attached hereto and to be in compliance with the following: All Final Plat documents submitted prior to or at the time of Final Plat approval or any amendments required to be made; All laws of the United States, State of Colorado, and its various agencies, affected special districts, and/or other entities providing utility services; and such other designs, drawings, maps, specifications, sketches, and other matter submitted to and approved by any of the above -stated governmental entities prior to completion of said improvements. B. The county agrees that, provided such improvements are installed in accordance with Paragraph 1, the P.U.D. regulations and conditions and all Plat requirements and conditions, then LARP shall be deemed to have satisfied all terms and conditions of the zoning and subdivisions laws, resolutions, and regulations of the County including but not limited to Resolution No. 81-358 adopted by the County on December 1, 1981, and Resolution No. 92-091 adopted by the County on October 5, 1992. LARP agrees to comply with the terms and conditions of this Agreement, all conditions of approval of the Los Amigos Ranch P.U.D. Preliminary Plan and Final Plat, and all regulations and statutes of the County and State. • • BOOK0902.'��F584 2. Cost of Improvements. It is understood for purposes of this Agreement t1i the "Total Construction Cost" of said public improvements is approximately *S Z ,OOCD which amount the County finds reasonable and hereby approves and accepts. LARP has provided written confirmation of such estimates by LARP's engineering consultants, Schmueser Gordon Meyer, Inc. 3. Security for Improvements. Simultaneously with the execution of this Agreement by both parties, LARP shall deliver cash in a form acceptable to the County and payable to the County Treasurer in the amount equal to the "Total Construction Cost? of , CLCD .(—C- for the improvements designated in Exhibit B, or the amount of cash equal to the percentage of such costs of improvements not yet completed. The County hereby agrees to deposit said cash in a separate interest-bearing account to be designated and distributed in the manner prescribed in this Agreement. LARP shall complete all improvements by May 30, 1995. As LARP 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 certify that the improvements have been constructed in accordance with the requirements of this Agreement and any exhibits attached hereto. Such certification shall also certify 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. Within thirty (30) days of receipt of said request, invoice, and certification of completions, the County shall issue from the account hereby created a check to LARP in the amount of the invoice which LARP agrees to use to pay such invoice. LARP shall not submit an invoice, and the County shall not issue a check, for any item of work listed by line in Exhibit B in excess of the amount stated in Exhibit B. Within such 30 -day period, the County shall have the right to further verify that the work represented by the invoice and certification was completed in accordance with the requirements of this Agreement, any exhibits attached hereto, and those technical specifications approved by the County. If the County upon such further verification finds the work in not completed in such a manner, it shall within such 30 -day grace period dishonor the request for payment and submit to LARP a notice of dishonor specifically stating the reasons for dishonor and listing deficiencies. In the event LARP fails to complete said improvements pursuant to the Agreement, the Plat and P.U.D. conditions, or if LARP violates any term of this Agreement, then the Plat may be vacated by the County and, in such event, all approvals of Subdivision II, Filings 3 & 4, Los Amigos Ranch P.U.D. 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 obligations hereunder. Upon completion of the improvements shown on Exhibit B and approval and acceptance by the County, any remaining balance in the account referred to in this paragraph shall be returned to LARP. 2 • • BOOK0902:'Hc 585 4. Notice of Deficiencies. If the County determines that the improvements are not constructed in compliance with the specifications thereof, it shall furnish with the notice of dishonor of request for payment a written list of specific deficiencies to LARP. It the deficiencies have not been corrected, or if satisfactory arrangements have not been made to correct such deficiencies within thirty (30) days after the list is furnished, the County may draw from the cash account such funds as may be necessary to complete the construction of the improvements in accordance with such specifications. 5. 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 or unit 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 or unit contrary to the provisions of this Agreement, or set forth on the Plat of the subdivision, or in an separate recorded instrument. Any such action shall be commenced prior to the issuance of a building permit by the County for such lot or said unit; 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. 6. Approval of Plat and Consent to Vacate. The County agrees to approval of the Plat subject to the terms and conditions of this Agreement. In the event the LARP fails to comply with the terms of this Agreement, LARP agrees that the County may vacate the final plat, as it pertains to undeveloped lots only. Any existing developed lots or lots on which subdivision improvements have been properly constructed shall not be vacated, and the final plat as to those lots shall remain valid. LARP shall provide a survey and complete legal description, with a map showing the location of any portion of the plat so vacated. 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. Binding Effect. This Agreement shall be a covenant running with the title to each lot or unit within the Filings, and the rights and obligations as contained herein shall be binding upon and inure to the benefit of LARP, its successors, and assigns and shall govern the future actions of the County where applicable. 9. Indemnity. To the extent allowed bylaw, LARP agrees to indemnify and hold harmless the County for claims which may arise as a result of LARP's installation of improvements pursuant to this Agreement. However, LARP does not indemnify the County for claims made asserting that standard imposed by the County on LARP are improper or the cause of the injury asserted. The County shall be required to notify LARP within fifteen (15) days of receipt of a Notice of Claim or Notice of Intent to Sue and shall afford LARP the option of defending any such claim or action. Failure to notify and provide such option to LARP shall extinguish the County rights under this paragraph. Nothing herein stated shall be interpreted to require LARP to indemnify the County for claims which may arise from negligent acts or omissions of the County. 3 • • Boon 902 P Uj 586 10. Roads. Roads within Subdivision II, Filings 3 & 4, Los Amigos Ranch P.U.D. shall be private roadways open to the public and shall be maintained and repaired by LARP Homeowners Association. Approval and acceptance of roads within Subdivision II, Filings 3 & 4, Los Amigos Ranch P.U.D. shall not obligate the County to construct, maintain, repair, or replace such roads. All offsite road improvements for the LARP P.U.D. previously made are canceled, and the LARP P.U.D. offsite road commitments set forth in Resolution No. 92-091 shall supersede the same. A'1'1'EST: erk to the Board LOS AMIGOS RANCH PARTNERSHIP By Thomas E. Neal General and Managing Partner By 4 BOARD OF COUNTY COMMISSIONERS GARFIELD COUNTY, COLORADO (303) 945-1004 FAX (303) 945-5948 (4111 (111 EXHIBIT A (SIA) BOOK 902 PAGE 586A SGM SCHMUESER GORDON MEYER ENGINEERS SURVEYORS 118 West 6th, Suite 200 Glenwood Springs, CO 81601 LEGAL DESCRIPTION LOS AMIGOS RANCH SUBDIVISION NO. 2, FILINGS NO. 3 AND 4 (Revised April 1, 1994) A parcel of land situate in Sections 5 and 6, Township 7 South, Range 88 West of the Sixth Principal Meridian, Garfield County, Colorado, being more particularly described as follows, to wit: Beginning at the northwest corner of Lot 16, Los Amigos Ranch Subdivision No. 2, Filing No. 2, the true point of beginning; thence along the following twenty five (25) courses: 1) North 02 degrees 59 minutes 04 seconds East (N 02°59'04" E), a distance of 235.02 feet; 2) thence North 23 degrees 14 minutes 09 seconds East (N 23°14'09" E), a distance of 396.19 feet: 3) thence South 68 degrees 26 minutes 30 seconds East (S 68°26'30" E), a distance of 809.47 feet; 4) thence South 87 degrees 51 minutes 55 seconds East (S 87°51'55" E), a distance of 384.48 feet; 5) thence South 70 degrees 37 minutes 26 seconds East (S 70°37'26" E), a distance of 196.56 feet; 6) thence South 53 degrees 53 minutes 09 seconds East (S 53°53'09" E), a distance of 171.90 feet; 7) thence North 33 degrees 04 minutes 24 seconds East (N 33°04'24" E), a distance of 342.86 feet; 8) thence North 41 degrees 34 minutes 45 seconds East (N 41°34'45" E), a distance of 60.00 feet; 9) thence South 48 degrees 25 minutes 15 seconds East (S 48°25'15" E), a distance of 34.28 feet; 10) thence along a curve to the right having a radius of 486.05 feet, arc length of 337.75 feet, delta angle of 39 degrees 48 minutes 49 seconds (39°48'49"), a chord bearing of South 28 degrees 30 minutes 51 seconds East (S 28°30'51" E), and a chord length of 330.99 feet; 11) thence South 08 degrees 36 minutes 26 seconds East (S 08°36'26" E), a distance of 239.81 feet; 12) thence along a curve to the left having a radius of 429.60 feet, arc length of 493.60 feet, delta angle of 65 degrees 49 minutes 54 seconds (65°49'54"), a chord bearing of South 41 degrees 31 minutes 23 seconds East (S 41°31'23" E), and a chord length of 466.89 feet; BOOR 902 PAGE 586B 13) thence along a curve to the right having a radius of 680.42 feet, arc length of 305.04 feet, delta angle of 25 degrees 41 minutes 10 seconds (25°41'10"), a chord bearing of South 61 degrees 35 minutes 45 seconds East (S 61°35'45" E), and a chord length of 302.49 feet; 14) thence South 48 degrees 45 minutes 10 seconds East (S 48°45'10" E), a distance of 76.50 feet; 15) thence along a curve to the right having a radius of 484.23 feet, arc length of 335.00 feet, delta angle of 39 degrees 38 minutes 18 seconds (39°38'18"), a chord bearing of South 28 degrees 56 minutes 01 seconds East (S 28°56'01" E), and a chord length of 328.36 feet; 16) thence South 09 degrees 06 minutes 52 seconds East (S 09°06'52" E), a distance of 52.34 feet; 17) thence South 82 degrees 55 minutes 00 seconds West (S 82°55'00" W), a distance of 60.04 feet; 18) thence North 09 degrees 06 minutes 52 seconds West (N 09°06'52" W), a distance of 50.22 feet; 19) thence along a curve to the left having a radius of 424.23 feet, arc length of 293.49 feet, delta angle of 39 degrees 38 minutes 18 seconds (39°38'18"), a chord bearing of North 28 degrees 56 minutes 01 seconds West (N 28°56'01" W), and a chord length of 287.67 feet; 20) thence North 48 degrees 45 minutes 10 seconds West (N 48°45'10" W), a distance of 76.50 feet; 21) thence along a curve to the left having a radius of 620.42 feet, arc length of 278.14 feet, delta angle of 25 degrees 41 minutes 10 seconds (25°41'10"), a chord bearing of North 61 degrees 35 minutes 45 seconds West (N 61°35'45" W), and a chord length of 275.82 feet; 22) thence along a curve to the right having a radius of 489.60 feet, arc length of 45.52 feet, delta angle of 05 degrees 19 minutes 36 seconds (05°19'36"), a chord bearing of North 71 degrees 46 minutes 32 seconds West (N 71°46'32" W), and a chord length of 45.50 feet; 23) thence South 20 degrees 42 minutes 44 seconds West (S 20°42'44" W), a distance of 158.15 feet; 24) thence North 81 degrees 38 minutes 00 seconds West (N 81°38'00" W), a distance of 410.74 feet; 25) thence South 23 degrees 23 minutes 38 seconds West (S 23°23'38" W), a distance of 103.54 feet to the northeast corner of Lot 10, Los Amigos Ranch Subdivision No. 2, Filing No. 1 (As amended); thence North 81 degrees 38 minutes 00 seconds West (N 81°38'00" W), a distance of 642.14 feet along the northerly boundary of Los Amigos Ranch Subdivision No. 2, Filing No. 1 to the northwest corner of Lot 9, said corner being a point on the easterly boundary of Los Amigos Ranch Subdivision No. 2, Filing No. 2; thence along the easterly and northerly boundary of said subdivision the following five (5) courses: SCHMUESER GORDON MEYER, INC ( • BOOK 902 PAGE 586C 1) thence North 08 degrees 04 minutes 57 seconds West (N 08°04'57" W), a distance of 104.27 feet; 2) thence North 81 degrees 38 minutes 00 seconds West (N 81°38'00" W), a distance of 148.91 feet; 3) thence North 21 degrees 14 minutes 45 seconds West (N 21°14'45" W), a distance of 275.69 feet; 4) thence North 67 degrees 52 minutes 41 seconds West (N 67°52'41" W), a distance of 430.39 feet; 5) thence North 85 degrees 59 minutes 11 seconds West (N 85°59'11" W), a distance of 528.57 feet to the northwest corner of Lot 16, Los Amigos Ranch Subdivision No. 2, Filing No. 2, the true point of beginning. Said parcel contains 35.722 acres, more or less SCHMUESER GORDON MEYER, INC. • • EXHIBIT B (SIA) SUBDIVISION IMPROVEMENTS AGREEMENT LOS AMIGOS RANCH PUD, SUBDIVISION II, FILINGS 3 & 4 so0X0902'AGi 587 Percentage Completed Remaining Total Costs and Paid Costs A. SITE WORK 1. Earthwork $28,000 90% $2,800 2. Storm Drains 2,000 100% -0- 3. Base Course Aggregate 36,000 0% 36,000 4. Chip -Seal 12,000 0% 12,000 5. Revegetation 1,000 0% 1,000 6. Road Signage 200 0% 200 $52,000 B. WATER SYSTEM 1. Water Line $54,000 100% -0- 2. Water Services 6,000 100% -0- 3. Fire Hydrants 10,800 100% -0- C. OTHER UTILITIES 1. Gas Trench $10,000 100% -0- 2. Gas Materials 7,950 100% -0- 3. Electric/Telephone Trench 12,000 100% -0- 4. Electric Materials 33,600 100% -0- 5. Telephone Materials 12,325 100% -0- 6. Sewer Systems 55,000 100% -0- TOTAL REMAINING COSTS $52,000 I hereby certify that these cost estimates reasonably reflect the actual remaining costs of completing all the subdivision improvements in Filings 3 & 4, Subdivision II, Los Amigos Ranch PUD. Dea Schm ordon, eser, G don Meyer I hereby certify that each of these items has been paid for to the extent of the percentage listed. Gre S. oecker Man , Los Amigos Ranch BPC 0902 P�GF 588 CONSENT TO VACATION OF PLAT Los Amigos Ranch Partnership, as the owner of certain real property located in Garfield County, Colorado and more particularly described in "Exhibit A" attached hereto and incorporated herein by this reference, and pursuant to the Subdivision II, Filings 3 & 4 Subdivision Improvements Agreement dated /h,4- % /6 , 1994, between Los Amigo Ranch Partnership, and the Board of County Commissioners of Garfield County, Colorado, which Agreement provides inter alia that if Los Amigo Ranch Partnership fails to comply with the terms of said Subdivision Improvements Agreement, the final plat of the Subdivision II, Filings 3 & 4, Los Amigos Ranch Partnership PUD may be vacated, by this instrument delivered to the County of Garfield, hereby consents to the filing of such instruments of vacation that the County may deem proper or advisable upon the failure of said condition. Dated this c day of mc.rch, 1994 Los Amigos Ranch Partnership By �.- General Partner County of Garfield, State of Colorado By c,„ • Chairman, ¢ .and of County Commissioners of Garfield County • • 811OKO909r'aGF442 CERTIFICATION OF WORK PERFORMED Los Amigos Ranch PUD, Subdivision II, Filings 3 & 4 I am the manager of Los Amigos Ranch and hereby certify that Dow Construction Company has completed its contractual obligations regarding Filings 3 & 4, Subdivision 11, Los Amigos Ranch PUD. Dow Construction has completed all road and utility improvements required pursuant to that Subdivision Improvements Agreement dated May 16, 1994 except Chip Seal, Revegetation and Road Signage. Specifically, Dow Construction Company has completed the Earthwork and Base Course Aggregate site work listed in Exhibit B. of said Subdivision Improvements Agreement for which as security of performance Los Amigos Ranch tendered to Garfield County the partial sum of $38,800.00 on May 16, 1994. Please remit the sum of $38,800.00 to Dow Construction Company in acknowledgement of partial satisfaction of said Subdivision Improvements Agreement. CLT Greg S. Boecker Manager, Los Amigos Ranch • (303) 945-1004 FAX (303) 945-5948 SG SCHMUESER GORDON MEYER ENGINEERS SURVEYORS Boox0909 �i~c(4,13 • 118 West 6th, Suite 200 Glenwood Springs, CO 81601 June 28, 1994 Mr. Mark Bean, Planning Director Garfield County Planning and Building Department 109 Eighth Street, Room 303 Glenwood Springs, CO 81601 RE: Los Amigos Ranch, Subdivision II, Filing 3 and 4 Dear Mark: The purpose of this letter is to summarize the status of infrastructure improvements on the above - referenced project for the purpose of finalising the Subdivision Improvements Agreement and Final Plat documentation. The following improvements have been completed and inspected by myself: • • • • Earthwork and excavation Water utility infrastructure Sewer utility infrastructure Miscellaneous utilities, including electric, telephone and gas utilities Roadway base course This is to certify that these improvements have been installed according to approved construction documents and operationally complete. Those items still remaining to be completed are as follows: • Chip/seal surfacing • Revegetation Please call me if you would required any additional documentation from this office. Sincerely, SCHMUESER GORDON MEYER, INC. DWG:lec/ 1502-05.1 cc: Mr. Greg Boecker, Owner's Representative (303) 945-1004 SCHMUESER Gm ENGINEERS SURVEYORS 118 West 6th, Suite 200 FAX (303) 945-5948 GORDON MEYER Glenwood Springs, CO 81601 May 13, 1994 Mr. Mark Bean, Planning Director Garfield County Planning and Building Department Garfield County Courthouse 109 Eighth Street, Room 303 Glenwood Springs, CO 81601 RE: Los Amigos Ranch, Subdivision II, Filing 3 and 4 Dear Mark: r 314Y-1-4;"'s1;;;;' 1Ayt71994 The purpose of this letter is to summarize the status of infrastructure improvements on the above - referenced project for the purpose of finalizing the Subdivision Improvements Agreement and Final Plat documentation. The following improvements have been completed and inspected by myself: Earthwork and excavation Water utility infrastructure Sewer utility infrastructure Miscellaneous utilities, including electric, telephone and gas utilities This is to certify that these improvements have been installed according to approved construction documents and operationally complete. Those items still remaining to be completed are as follows: Roadway base course Chip/seal surfacing Revegetation Please call me if you would required any additional documentation from this office. Sincerely, SCHMUESER GORDON MEYER, INC. Dean W. Gordon, P.E. President " DWG: lec/1502-05 cc: Mr. Greg Boecker, Owner's Representative RcC)RDEJ - 9L/ .r -i. gic 46bi49 MILDRED ALSJJ- F. C UNTT CL RK BOO,(0909 r!ci 4 ACKNOWLEDGEMENT OF PARTIAL SATISFACTION SUBDIVISION IMPROVEMENTS AGREEMENT KNOW ALL MEN BY THESE PRESENT that: WHEREAS, Los Amigos Ranch Partnership entered into a Subdivision Improvements Agreement with the Board of County Commissioners of Garfield County, Colorado, (hereinafter "Board") dated 5 -11 , recorded in Book '7o2 , at Page 583 as Reception No.44 3 -20.Z of the Garfield County records on _ r-/�_ 9� for the improvement of the Los Amigos Ranch PUD, Subdivision II, Filings 3 and 4; and WHEREAS, Los Amigos Ranch Partnership has requested the release of $38,800.00, based on a statement from Dean Gordon, Schmueser Gordon Meyer, that the earthwork, excavation, utility infrastructure and roadway base course was completed as required. NOW THEREFORE, at the request of Los Amigos Ranch Partnership and in consideration of the premises and prior agreements, the Board hereby acknowledges the partial satisfaction of the Subdivision Improvements Agreement entered into by Los Amigos Ranch Partnership and the Board for the Los Amigos Ranch PUD, Subdivision II, Filings 3 and 4, and releases security in the amount of $38,800.00. By: STATE OF COLORADO ) )ss COUNTY OF GARFIELD .1 The foregoing instrument was acknowledge before me on this .5 day of 3 -LJ 1 Y ,1994, by Elmer "Buckey" Arbaney, as Chairman of the Board of County Commissioners of Garfield County, Colorado. WITNESS my hand and official seal. My commission expires / - / - 9S Garfield County Clerk 1 ACKNOWLEDGMENT OF PARTIAL SATISFACTION SUBDIVISION IMPROVEMENTS AGREEMENT KNOW ALL MEN BY THESE PRESENT that: WHEREAS, Los Amigos Ranch Partnership (hereinafter LARP), entered into a Subdivision Improvements Agreement with the Board of County Commissioners of Garfield County, Colorado (hereinafter "Board") dated August 17, 1997, recorded in Book 1031, at Page 452 as Reception No. 512789 of the Garfield County records on August 26, 1997, for the improvements of Subdivision Filings 5, Los Amigos Ranch PUD; and WHEREAS, the obligations of the LARP have been satisfied , as verified in attached statement from Dean Gordon, Schmueser Gordon Meyer, Inc. dated August 11, 1998, that work has been partially completed consistent with improvements described in the Subdivision Improvements Agreement. NOW THEREFORE, at the request of the LARP and in consideration of the premises and prior agreements, the Board hereby acknowledges the partial satisfaction of the Subdivision Improvements Agreement entered into by LARP and the Board for the Los Amigo Ranch Subdivision II, Filings 3 and 4, Los Amigo Ranch PUD, and releases security in the amount of $111,500.00 and retaining $12,500.00. STATE OF COLORADO COUNTY OF GARFIELD ) ) )ss By: Chairman The foregoing instrument was acknowledged before me this day of , 19 , by Marian I. Smith, as Chairman of the Board of County Commissioners of Garfield County, Colorado. WITNESS my hand and official seal. My commission expires Garfield County Clerk CERTIFICATION OF WORK PERFORMED PURSUANT TO AUGUST 11, 1997 SUBDIVISION IMPROVEMENTS AGREEMENT LOS AMIGOS RANCH PUD, FILING 5, PHASE I Secured Completed and Remaining Costs Paid Costs Costs A. SITE WORK 1. Earthwork $ 5,000 $ 5,000 $ -0- 2. Storm Drains 4,000 4,000 -0- 3. Base Course Aggregate 32,000 32,000 -0- 4. Chip -Seal 10,000 -0- 10,000 5. Re -vegetation 2,000 1,000 1,000 6. Road Signage 500 -0- 500 $ 11,500 B. WATER SYSTEM 1. Water Line 2. Water Services 3. Fire Hydrants 4. Water Tank 5. Pressure Reduction Stations 18,000 - 0- -0- -0- -0- - 0- -0- 18,000 -0- - 0- -0- $ -0- C. OTHER UTILITIES 1 Sewer Lines -0- 2. Utility Contracts -0- Gas, Telephone, Electric, Materials 3. Utility Trenches 6,500 6,500 D. LEFT TURN LANE 46,000 45,000 $ 124,000 - 0- -0- - 0- -0- 1.000 $ 111,500 $ 12,500 I hereby certify that the completed improvements have beeca-constUTt!?.'1 accordance with the Subdivision Improvements Agreement for Filing 5, Phase'i_„os,Amig<os`f ch PUD. Dean -G• 'Sc�rriu I hereby certify that each of these items has been paid for t 6gte reimbursement requested for each line item does not exceed the amount actually se ured. GA.rd'Meyer '`v c- ed and the amount of GrSBoecker Man r, Los Amigos Ranch REQUEST FOR RELEASE OF FUNDS FOR PARTIAL SATISFACTION OF AUGUST 11, 1997 SUBDIVISION IMPROVEMENTS AGREEMENT FOR LOS AMIGOS RANCH, FILING 5, PHASE 1 On or about August 11, 1997 Los Amigos Ranch Partnership deposited $124,000 with the Garfield County Treasurer to guarantee completion of unfinished improvements required for Los Amigos Ranch, Filing 5, Phase 1. Presently, only $12,500.00 of improvements remains to be completed consisting of chip -seal ($10,000), re -vegetation ($1,000), road signage ($500.00) and left -turn lane striping ($1,000). All other improvements have been completed and paid for as shown on the attached certification of work performed. Please remit the sum of $111,500.00 plus interest to Los Amigos Ranch Partnership in acknowledgement of partial satisfaction of the August 11, 1997 Subdivision Improvements Agreement For Los Amigos Ranch, Filing 5, Phase 1. Greg Bo ker Manager Los Amigos Ranch GARFIELD COUNTY ROAD & BRIDGE PO BOX 2254 GLENWOOD SPRINGS, CO., 81602-2254 PHONE 945-6111 TO: MARK BEAN FROM: KING LLOYD SUBJECT: LOS AMIGOS SUB -DIVISION DATE: JULY 30, 1998 On July 27, 1998, I met with Greg Boecker to inspect the turnlane on Co Rd 114. I was shown a letter that Dean Gordon, the engineer of the project, had written confirming that the turn lane had been constructed to specification. The striping however does not meet specification, and I explained to Greg why. The County has contracted for this road to be re -striped as part of our annual maintenance work. I told Greg that we could do the striping to specification, and bill them for their portion. I understand from Greg that we will still be holding approximately $11,000 for chipping and signs. I estimate that the striping will be $500 to $1,000. I'll leave it to you to decide if the $11,000 would be appropriate to act as security against the striping bill since it is not specifically mentioned for that purpose. The striping work should be completed by October 15, 1998. There may be a need for additional signing to facilitate lane usage during winter conditions, I'm checking on that. If you have any questions, give me a call. KING c.c. Greg Boecker 2929 CR 114 Glenwood Springs, CO 81601 ACKNOWLEDGEMENT OF SATISFACTION SUBDIVISION IMPROVEMENTS AGREEMENT KNOW ALL MEN BY THESE PRESENT that: WHEREAS, Los Amigos Ranch Partnership (hereinafter LARP), entered into a Subdivision Improvements Agreement with the Board of County Commissioners of Garfield County, Colorado (hereinafter "Board") dated May 16, 1994, recorded in Book 902, at Page 583 as Reception No. 463202 of the Garfield County records on May 16, 1996, for the improvements of Subdivision II, Filings 3 and 4, Los Amigos Ranch PUD; and WHEREAS, the obligations of the LARP have been satisfied , as verified in attached statement from Dean Gordon, Schmueser Gordon Meyer, Inc. dated July 1, 1996, that work remaining has been completed consistent with improvements described in the Subdivision Improvements Agreement. NOW THEREFORE, at the request of the LARP and in consideration of the premises and prior agreements, the Board hereby acknowledges the satisfaction of the Subdivision Improvements Agreement entered into by LARP and the Board for the Los Amigo Ranch Subdivision II, Filings 3 and 4, Los Amigo Ranch PUD, and releases security in the amount of $13,200.00. STATE OF COLORADO )ss COUNTY OF GARFIELD ) By: Chairman The foregoing instrument was acknowledged before me this day of , 19 , by Marian I. Smith, as Chairman of the Board of County Commissioners of Garfield County, Colorado. WITNESS my hand and official seal. My commission expires Garfield County Clerk (970) 945-1004 SCHMUESER FAX (970) 945-5948 GORDON MEYER - Glenwood Springs, CO 81601 Sr'M ENGINEERS SURVEYORS 118 West 6th, Suite 200 July 1, 1996 Mr. Mark Bean, Planning Director Garfield County Building, Sanitation & Planning Department 109 Eighth Street, Suite 303 Glenwood Springs, CO 81601 RE: Los Amigos Ranch, Subdivision II, Filings 3 and 4 Completion of Infrastructure Improvements Dear Mark: M1 UL 2 4 1996 t: COJINTY The infrastructure improvements associated with the above -referenced filings of Los Amigos Ranch have been completed. All guarantee monies associated with the Subdivision Improvements Agreement should be returned to the Owner. Under separate correspondence, I am finalizing a signage program for this filing with King Lloyd. If you have any questions concerning the above, please contact me directly. Sincerely, SCHMUESER GORDON MEYER, INC. Dean W. ordo>�E. President DWG:lec/1502C09.app cc: Mr. Greg Boecker, Los Amigos Ranch Partnership (970) 945-1004 FAX (970) 945-5948 GORDON MEYER Glenwood Springs, CO 81601 SCHMUESER Sr'M ENGINEERS SURVEYORS 118 West 6th, Suite 200 DATE: TO: King Lloyd, Road and Bridge Supervisor Garfi- d County FROM: RE: Signrage Progralins Los Amigos Ranch July 1, 1996 MEMORANDUM De The purpose of this memo is to outline for you the signage program for the existing development at Los Amigos Ranch for Subdivision 11. As you are aware, the infrastructure has been completed for Filings 1-4. The proposed signage is as follows: NAME SIZE NUMBER LOCATION R1-1, STOP 30 x 30 1 Ea. Los Amigos Drive at County Road R1-2, YIELD 30 x 30 x 30 2 Ea. Pinion Drive at Los Amigos Drive and also Cedar Cove at Los Amigos Drive R2-1, 25 MPH 18 x 24 1 Ea. Los Amigos Drive R2-1, 20 MPH 18 x 24 2 Ea. Pinion Drive, Cedar Cove Signs will be placed in accordance with the MUTCD. Posts will be equivalent to a 4 x 4 wood post. Please call me with any comments. Mr. Boecker is eager to get these signs in place as soon as possible and would ask that you call him directly with any comments (945-6399). DWG 1502C09.pg2/Iec cc: Mr. Greg Boecker, Los Amigos Ranch Partnership CERTIFICATION OF WORK PERFORMED Los Amigos Ranch PUD, Subdivision II, Filings 3 & 4 I am the manager of Los Amigos Ranch and hereby certify that Dow Construction Company has completed its contractual obligations regarding Filings 3 & 4, Subdivision II, Los Amigos Ranch PUD. Dow Construction has completed all road and utility improvements required pursuant to that Subdivision Improvements Agreement dated May 16, 1994 except Chip Seal, Revegetation and Road Signage. Specifically, Dow Construction Company has completed the Earthwork and Base Course Aggregate site work listed in Exhibit B of said Subdivision Improvements Agreement for which as security of performance Los Amigos Ranch tendered to Garfield County the partial sum of $38,800.00 on May 16, 1994. Please remit the sum of $38,800.00 to Dow Construction Company in acknowledgement of partial satisfaction of said Subdivision Improvements Agreement. Grg 4. Boecker Manager, Los Amigos Ranch v (303) 945-1004 FAX (303) 945-5948 GORDON MEYER Glenwood Springs, CO 81601 SCHMUESER M ENGINEERS SURVEYORS 118 West 6th, Suite 200 June 28, 1994 Mr. Mark Bean, Planning Director Garfield County Planning and Building Department 109 Eighth Street, Room 303 Glenwood Springs, CO 81601 RE: Los Amigos Ranch, Subdivision II, Filing 3 and 4 Dear Mark: The purpose of this letter is to summarize the status of infrastructure improvements on the above - referenced project for the purpose of finalizing the Subdivision Improvements Agreement and Final Plat documentation. The following improvements have been completed and inspected by myself: Earthwork and excavation Water utility infrastructure Sewer utility infrastructure Miscellaneous utilities, including electric, telephone and gas utilities Roadway base course This is to certify that these improvements have been installed according to approved construction documents and operationally complete. Those items still remaining to be completed are as follows: Chip/seal surfacing Revegetation Please call me if you would required any additional documentation from this office. Sincerely, SCHMUESER GORDON MEYER, INC. DWG: lec/1502-05.1 cc: Mr. Greg Boecker, Owner's Representative