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Home My WebLink About1.07 Pre-Application Conference Summary=G Garfield Coullty Community Development Department 108 sth Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-county.com TAX PARCEL NUMBER: 239307106001 (Pinyon Mesa Subdivision, Filing 2) (Please note new Parcel Identification Numbers for impacted Lots in application, if known) DATE: October 6, 2016 PROJECT: Pinyon Mesa, Final Amended Plat of Lot 51, Lot 52, Lot 53, lot 61, Lot 62, and Open Space A OWNERS/ APPLICANT: PMGC 2 LLC REPRESENTATIVE: David Kotz -SGM, Inc. PRACTICAL LOCATION: Section: 7 Township: 7 Range: 88 Subdivision: PINYON MESA PUD, FLG PARCEL A ZONING: PUD-Los Amigos TYPE OF APPLICATION : Amended Final Pl at I. GENERAL PROJECT DESCRIPTION The applicant is requesting to make the following amendments to the Pinyon Mesa Filing 2 Final Plat as recorded on September 20, 2016: Adjust the property boundary between Lot 51, Lot 52, Lot 53, Lot 61, Lot 62, and Open Space A. This adjustment would transfer approximately 12,915 square feet from Open Space Parcel A to the noted home lots (approx. 10,875 sq ft between Lots 51 and 52, and approx. 2040 sq ft between Lots 61 and 62). Adjust the building envelopes of Lot 51, Lot 52, Lot 53, lot 61, and Lot 62. Shorten the depth of the northerly emergency vehicle turn around on Paintbrush Way from approximately 53 feet to 50 feet. Remove the southerly emergency vehicle turn around on Pinyon Mesa Drive. All parcels are understood to be owned by PMGC 2, LLC. Any adjustment of the property boundary must not create any nonconforming zoning as outlined in the PUD High Density Residential Zone District. No amendments to the water supply, wastewater service, or access is proposed. Demonstration of ownership for each parcel must be provided, including the Open Space Parcel A. Any parcel owned by an LLC, Corporation, HOA, or Trust will need to complete a Statement of Authority (SOA} identifying an individual who is able to sign on behalf of the Association. Should the owner wish to designate another representative, then a letter of authorization signed by the identified representative of the entity is also needed. The identified Representative on the application form will be the contact for all communication on the application. In order to ensure all encumbrances and lienholders are shown on the plat, a title commitment will be necessary for all impacted parcels. Names and addresses of all mineral owners under both subject parcels is necessary for public notice purposes. In addition, the applicant will need to submit the names and addresses of all property owners within 200' of all impacted subject parcels, including Open Space Parcel A. The final plat will need to conform to Section 5-402{F), including the incorporation of the enclosed certificates. In addition to the standard application materials as noted within this Pre-Application Conference Summary, please also include a description as to how the requested amendments may impact the recently signed and recorded Improvements Agreement, Treasurers Deposit Agreement, and Agreement Restricting the Transfer of Lots (attached). II. REGULATORY PROVISIONS APPLICANT IS REQUIRED TO ADDRESS • Garfield County Comprehensive Plan 2030 • Garfield County Land Use and Development Code, effective July 15, 2013 • Amended Final Plat (5-305}, following Administrative Review (Section 4-103) • Table 4-102, Common Review Procedures and Required Notice; • Table 5-401, Application Submittal Requirements • Article 7, Division 1, 2 and 3 Ill. REVIEW PROCESS • The review process shall follow the steps as contained in Section 5-305 (see attached flow chart and below outline). • Pre-Application meeting; • Submittal of Application (3 copies plus one electronic); • Completeness Review; • Submittal of additional materials (if needed) and copies for Referral agencies (21 day review}; • Setting a date for the Directors Determination; 2 • Public Notice 15 days prior to the Director's Determination to property owners within 200 feet and mineral rights owners on the subject property; • Directors Determination including any conditions; • A 10 day Call-up Period after Director's Decision is made; • Finalizing the Plat and satisfaction of any conditions; • Circulation for Applicant/Owner and other signatures; • Board of County Commissioners execution of the plat as a consent agenda item; • Recording the Plat with the County Clerk and Recorder. SUBMITIAL REQUIREMENTS Please refer directly to Table 4-201 and the list of General Application Materials in section 4-203.B. These application materials are generally summarized below: • Application Form (all impacted property owners need to sign the form.). • Ownership Documentation (deed for all parcels) and title information indicating if there are any lien holders and/or encumbrances (a title commitment for all properties may be necessary) • Statement of Authority (if property is held by an entity or trust) and Letter of Authorization, as necessary • Fee Payment and Payment Agreement Form • Pre-Application Conference Summary • Names and addresses of all property owners within 200 feet of subject parcels (outside boundaries of all impacted Lots and Open Space A) and all mineral owners of these subject parcels. • Vicinity Map • Improvements Agreement (may be waived upon request) • Final Plat (plat should include improvement location information adequate to confirm that no new nonconforming conditions will result from the proposal) • Code, Covenants, Restrictions (if there are no requested changes to the CC&Rs, this may be waived upon request) • A description as to how the requested amendments may impact the recently signed and recorded Improvements Agreement, Treasurers Deposit Agreement, and Agreement Restricting the Transfer of Lots {attached}. • The request should be consistent with all applicable provisions of Article 7, Divisions 1, 2 and 3. The Application should include, at a minimum, representations that the amendment will not result in any changes to drainage, access, utilities, and any other applicable Subdivision and Article 7 topics. Please submit three paper copies and one electronic that include all submittal materials. Additional copies will be requested upon determination of completeness. Please reference the land Use and Development Code for additional information on submittal requirements. 3 IV. APPLICATION REVIEW a. Review by: b. Public Hearing: c. Referral Agencies: Staff for completeness recommendation and referral agencies for additional technical review X None (Director's Decision) _ Planning Commission _ Board of County Commissioners _ Board of Adjustment May include Fire Protection District, appropriate HOA (if applicable), Garfield County Designated Engineer, Fire Protection District, and County Surveyor. Note: Additional copies of the complete application will be Application Submittal 3 Hard Copies 1 Digital PDF Copy (on CD or USB stickl Both the paper and the digital copy should be split into individual sections. Please refer to the list included in your pre·application conference summary for the submittal requirements that are appropriate for your application: • General Appllcatlon Materials • Vlcinlty Map • Site Plan • Grading and Drainage Plan • Landscape Plan • Impact Analysis • T raffle Study • Water Supply/Distribution Plan • Wastewater Management Plan • Artlde 7 Standards requested once the application is deemed Technically Complete. These copies will be sent to the referral agencies for their review and comments. V. APPLICATION REVIEW FEES a. Planning Review Fees: $ 100.00 b. Referral Agency Fees: $ TBD -consulting engineer/civil engineer fees c. Total Deposit: $ 100.00 (additional hours are billed at $40.50 /hour) General Application Processing The pre-application meeting summary is only valid for six (6) months from the date of the written summary. Disclaimer The foregoing summary is advisory in nature only and is not binding on the County. The summary is based on current zoning, which is subject to change in the future, and upon f actual representations that may or may not be accurate. This summary does not create a legal or vested right. 4 Pre-application Summary Prepared by: David Pesnichak, Senior Planner 5 October 6, 2016 Date c ( L W. Section 5-305 Amended Final Plat II> i IC. g .. ~ ~ E .0 ii ... .. £ c c E N ~ .! "' -i i < Amended Flnal Plat Review Process (Section 5-305} •ApplJcant has 6 months to submit appllatlOn !:.tep ;J (omplctcncr.5 Review •10budrwoiuod"ly~ tD n1viAW •lflnc:ornplete, 60days to remedy deflclencres ----------------- Step tl ; Schedule Dt!c is ion D;ite and Provide Notict! •Mailed lo 1d}'cent property owners within 200 feet and mineral owners at least 15 days prior to decision date •21 day comment period Step b: lvalution by Director •Call-up Period -within 10 days of Director's Decision •Aniil Plat must be signed by the BOCC and be recorded within 10 business days of approval. 101 I l ~ ·LEGEN2.: ~ ---. I ,._ -·-_,,_ ---·-- .l?-- isl 1 .~, ·r1 P·· ·~ 1Jj .· 1J} 1h- ~ i; ' . ~/"" -·~ >-_ -r' ............. ..., I ' _.. ~ ll \ I ;~ ·;, '• g~ \ ..... ... ~~ •ii .ii jiff zllJ ' . ~ ·~- " \ NALPlAT Piny_on Mesa, Filing 2 Ai°Re-)Ul:xlivrsi 0Tfro1 "-P ~eio g Situated in Section 7 T.7 s .. R.88 W . of the 6th P.M. Garfield County, Colorado ......... ,.. o. ........ .a- ••ll4.n ._.,u.11' 0i..,_~.,nt't Dt Dld•.u.ll' •·tl03.t1' l•1t1U' ..-~"2510 DI • 114" ' "" .. f,.. "' -~ -~-=-1 ~ ,;;.../ __ ,_ -"· ---~ -- ·~~ . 0 /:. ·~ P.!: __ • .J'' '"~-... ~ ........... __ ... ____ . __ ~ ~ \ \ \ \ ; --·-c-=i ~- I I l'I SEE SHEET 3 FOR llNE & CURVE CHARTS • tuU-J.59.• ......... ., t ..... ~,.~l .... ·t 1l '~'"' ....... _ l~~-------- 1""«< _, -·----· -·--_..,,;_. ___ _ ---·----·--·-:::--::::.. -:.:7 ... -:-. :..:~, -- :,~";::. -::.::.=: -.. - ·:..~ .. ------l'~"l 6 SGM 'tt ..,..._Sod :s.... s.. ?DO c-..c.c.d '"""""'co'''°' '>lot.n 100.. ...-..-..-croa .... . ........, ~1 .. tcntV ••441tS' l•tUiWI' Oii &rlfi n.·a,.._ QI Dilll•llt.!D' "--~-.. <~ .• ""-·~::::../ ... ' '''• '! l •I ,i 1: __ , . ...__... ___ _.., ... SJ'lr; ,_,1C1 =~-:--::_ -------........ ---.... l ~ 'e. .. \ =~··=l.~ ----- :\ --. ........... JT _!!lff -.... -.... -..... _ .. """' ...... __ ,.,_rllfll ~.Cit.a• ·--....... ,~~ ... .. ~f'C .. .z.,-. ;; "( ---·~ ._ _ _... ~~~ •&.. I / -· ~ Final Plo t Lo is - I ., ~ § ~ ~ ~ ~ VJ ··~-;\ 2 3 ( ( D. Amended Final Plat County Commissioner's Certificate Based upon the review and recommendation of Garfield County Director of Community Development, the Board of County Commissioners of Garfield County, Colorado, hereby approves this Amended [Exemption] Plat this_ day of A.D., 20_, for filing with the Clerk and Recorder of Garfield County and for conveyance to the County ofthe public dedications shown hereon, subject to the provisions that approval in no way obligates Garfield County for the financing or construction of improvements on lands, public roads, highways or easements dedicated to the public, except as specifically agreed to by the Board of County Commissioners by subsequent resolu_tion. This approval shall in no way obligate Garfield County for the construction, repair or maintenance of public roads, highways or any other public dedications shown hereon. Chairman, Board of County Commissioners Garfield County, Colorado Witness my hand and seal of the County of Garfield. ATTEST: __________________ _ County Clerk Certificate of Dedication and Ownership The undersigned being sole Owner(s) in fee simple of all that real property situated in Garfield County, described as follows: containing __ acres, more or less, has [have] caused the described real property to be surveyed, laid out, platted and subdivided into lots and blocks as shown on this [Exemption] Plat under the name and style of a subdivision in the County of Garfield. The Owner(s) do( es) hereby dedicate and set apart all of the streets and roads as shown on the accompanying Plat to the use of the public forever, and hereby dedicate(s) to the Public Utilities those portions of said real property which are labeled as utility easements on the accompanying Plat as perpetual easements for the installation and maintenance of utilities, irrigation and drainage facilities including, but not limited to, electric lines, gas lines and telephone lines, together with the right to trim interfering trees and brush, with perpetual right of ingress and egress for installation and maintenance of such lines. Such easement and rights shall be utilized in a reasonable and prudent manner. All expense for street paving or improvements shall be furnished by the seller or purchaser, not by the County of Garfield. EXECUTED this __ day of _____ _, A.D., 20_. 27 ( ( ( STATE OF COLORADO COUNTY OF GARFIELD : SS Owner Address: The foregoing Certificate of Dedication and Ownership was acknowledged before me this __ day of ______ _,A.O., 20_, by ____________ _ My commission expires: ________ . Witness my hand and official seal. (SEAL) Notary Public Surveyor's Certificate I, do hereby certify that I am a Professional Land Surveyor licensed under the laws of the State of Colorado, that this Plat is a true, correct and complete Plat of as laid out, platted, dedicated and shown hereon, that such Plat was made from an accurate survey of said property by me, or under my supervision, and correctly shows the location and dimensions of the lots, easements and streets of __ -------------------------as the same are staked upon the ground in compliance with applicable regulations governing the subdivision of land. In witness whereof, I have set my hand and seal this __ day of _______ ~ A.D., 20_. Professional Land Surveyor Clerk and Recorder's Certificate This Plat was filed for record in the Office of the Clerk and Recorder of Garfield County, Colorado, at __ o'clock_, on this __ day of 20_, and is duly recorded as Reception No._ Clerk and Recorder By ________________ _ Deputy 2 8 ( ( County Surveyor's Certificate Approved for content and form only and not the accuracy of surveys, calculations or drafting, pursuant to C.R.S. § 38-51-101 and 102, et seq. DATED this __ day of _________ _, A.D.1 20_. Garfield County Surveyor Title Certificate I, an attorney licensed to practice law in the State of Colorado, or agent authorized by a title insurance company, do hereby certify that I have examined the Title to all lands shown upon this Plat and that Title to such lands is vested in------------- free and clear of all liens and encumbrances (including mortgages, deeds of trust, judgments, easements, contracts and agreements of record affecting the real property in this Plat), except as follows: ---------------------- DATED this --day of _________ _, A.O., 20_. TITLE COMPANY: Agent OR Attorney Colorado Attorney Registration No. __ _ Certificate ofTaxes Paid I, the undersigned, do hereby certify that the entire amount of taxes and assessments due and payable as of upon all parcels of real estate described on this Plat are paid in full. DATED this __ day of __________ _, A.O., 20_. Treasurer of Garfield County 29 1111 W1l~l!'Jf ~'VltUf .t~f.flll' t.1,Y.11 Hr~ i1.V1Jl'/t ~~'1 i\1~ 11111 Receplionlt: 878399 06/14/2016 04:05:09 P~ Jean Alberico 1 er 10 Roe Fae ~$0 .00 Dae Fee ~D .BO GARFlELD COUNTY CO STATE OF COLORADO ) )ss County of Garfield ) At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Commissioners' Meeting Room, Garfield County Plaza Building, in Glenwood Springs on Monday, the 9th day of May, 2016, there were present: I _.Jo=hn--...M=art .... i=n....._ _____________ _, Commissioner Chairman Mike Samson Commissioner ..,.... ........ ~ ................ -----------------> .... T ... om--..-J .... ank--..o .... v .... sky ________________ _,, Commissioner =K=ev-'-'i=n'--=B=a=tc=h=e=ld=e=-r _____________ .,County Manager ~T=an~· ~W .... i=IJ=am~s--------------~ County Attorney =K .... e..,lly......,..C .... av .... e....._ ______________ _,, Assistant County Attorney =Je=a=n-=-A=l=be=n=·c=o---_____________ _, Clerk of the Board when the following proceedings, among others were had and done, to-wit: RESOLUTION NO. dO/ /,p-~D A RESOLUTION AMENDING THE TEXT OF THE LOS AMIGOS RANCH PUD (RESOLUTION NUMBER 2006-16) AS RECORDED ON FEBRUARY 15rn, 2006, RECORDED AS RECEPTION NUMBER 692367, IN BOOK 1772 AT PAGE 493. Recitals A. Garfield County is a legal and political subdivision of the State of Colorado for which the Board of County Commissioners (Board) is authorized to act. B. The Los Amigos Planned Unit Development (PUD) was originally approved under Resolution 79-15 and was subsequently amended under Resolution 81-358, Resolution 96-34, Resolution 2004-05, Resolution 2006-16; and Resolution 2008-06; and B. On the 61bday of February, 2006, the Board adopted Resolution No. 2006-16 concerning a Text Amendment to the Los Amigos Ranch Planned Unit Development, County of Garfield; State of · Colorado to modify the Commencement Date and Completion Date for the 3F Phase; and C. On April 13, 2016, the Garfield County Planning Commission recommended approval with conditions for the proposed text amendment to the PUO to modify the Date of Completion from December 31, 2010, to December 31, 2019, for Phase 3F as identified in Resolution 2006-16. D. On the 911t day of May, 2016, the Board of County Commissioners opened a public hearing upon the question of whether a PUD Substantial Modification Text Amendment changing the Date of Completion for Phase 3F of the Los Amigos PUD from December 31, 2010 to December 31, 2019 Page 1of5 [tJ 1111 w,1f.rP.T't~.r11L O't1tKi~kr\l r•11~. P'~ll~·~~.Nawm. 1111 1 ReceptionU: 878399 05/14/2016 04:05:09 Pl'I Je~F" R~beoor!~~IELO COUN TY co 2 or 10 Rec F~o :S0 .00 Doc .. -u . """r should be granted, granted with conditions, or denied At said hearing, the public and interested persons were given the opportunity to express their opinions regarding the issuance of said amendment. E. The Board closed the public hearing on the 911t day of May, 2016, to make a final decision. G. The Board on the basis of evidence produced at the aforementioned hearing has made the following detenninations of fact: 1. That proper public notice was provided as required for the hearing before the Board of County Commissioners . 2. The hearing before the Board of County Commissioners was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at that meeting. 3. That for the above stated and other reasons the proposed PUD Substantial Modification Text Amendment to Los Amigos PUD is in the best interest of the health, safety, convenience, order, prosperity and welfare of the citizens of Garfield County. 4. That with the adoption of conditions, the application is in general conformance with the 2030 Comprehensive Plan, as amended. 5. That with the adoption of the Conditions of Approval the application has adequately met the requirements of the Garfield County Land Use and Development Code, as amended . NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that: A. The Los Amigos Ranch PUD, adopted on the 611' day of February, 2006, and identified as its Resolution No. 2006-16, shall be and hereby is amended and said language will be incorporated into the PUD Guide for the Los Amigos PUD as shown on the attached Exhibit A. The fully updated and amended PUD Guide for the Los Amigos PUD is attached as Exhibit B. B. The Text Amendment to the Los Amigos PUD is hereby approved subject to compliance with the following conditions: 1. That all representations made by the Applicant in the application shall be conditions of approval, unless specifically altered by the Planning Commission . 2. The Applicant shall submit an updated and revised PUD Guide for review by Community Development and County Attorney Staff. Once accepted by County Staff, the Page 2of5 updated and revised PUD Guide shall be recorded with the County Recorder. _..,_ ADOPTED this Ii -day ofcJc..uyy , , 2016 ATTEST:· Upon motion duly made and seconded the following vote: GARFIELD COUNTY BOARD OF C SSIONERS, GARFIELD ,COLORADO ution was ajted by the ..:C=O=MMI==SS=I=O=NE=R:..::C=HA=IR:.::..::..J~~F-'-'. MAR==T=IN.:....._ ___ -=....:::::;;.___·, Ayf? __ c __ o ...... MMI==SS=I=O-..NE=R._M=I=KE=-=S=AM=S._.O .... N......_ __________ , Aye .-C.-0.-.MMI===SS=I=O-..NE=R~T~O=M:.:..:.:.JA~NK~O-V~S~K=Y=--------~---''Aye STATE OF COLORADO ) )ss County of Garfield ) I, County Clerk and ex-officio Clerk of the Board of County Commissioners, in and for the County and State aforesaid, do hereby certify that the annexed and foregoing Resolution is truly copied from the Records of the Proceeding of the Board of County Commissioners for said Garfield County, now in my office. IN WITNESS WHEREOF, I have hereunto set my band and affixed the seal of said County, at Glenwood Springs, this_ day of A.D. 2016 . County Clerk and ex-officio Clerk of the Board of County Commissioners Page 3of5 EXlilBITA Los Amigos Ranch PUD Phasing PJan, As Amended by this Resolution Phase Phase DescripUon of Phase Commencement Completion of 'Designation Designation Date (Submission Development Per (Preliminary (Final Plat) of Preliminary Plan) Subdivision Pion) Improvement Aoreemenl 1 A Approximately 38 lots on December 31, 1996 December 31, 1999 Road A end (1) lot adjacent to Filing 2 2 B Approximately 45 lots on Oecember31, 1999 December 31, 2002 Road A near water lank on RoodB 2 c Approxlmatety 45 lots through December 31, 1999 December 31, 2005 second drow Road D 2 D Approximotety 40 lots through December 31, 1999 Oecernber31,2008 third draw. Road E 2 E Remaining single fomUy lots, December 31, 1999 December 31, 2010 rural resldenUal lots and nelahborhood commercial 3 F 80 high density single family December 31, 2008 December 31, 2019 Jots fn lower valley (Reso2006-16) (Prop.PUO Amend 2'2016\ Page 4of5 1111 WJPJla'f,1,lri.~KI/, flt .~f:di(sVdW, ~~~ l~,l~f \ilia, 11111 Reception#: 878399 06/14/2016 04:05:09 PT1 Jean Alberico 6 of UI Rec F-:$9.00 Ooc Fee :0 .00 GMFIEl.O COU"ITV CO EXIIIBITB Los Amigos Ranch PUD Guide Pages ofs K.evised Los Amigos PUP Guide Compiled from Resolutions 79-15, 81-358, 98-34, 04-05, 06-16, 2007-04 and 2008-06 (Drafted May 3, 2018 for Pinyan Mesa II PUD Amendment) Zone Districts The planned unit development shall consist of four zone districts, the boundaries of which shall be Indicated upon the final plat or plats of the Los Amigos Ranch, the planned unit development, which districts shall be designated as follows: Single-Family Residential District Multi-Family Residential District Neighborhood Commercial Open Space District Permitted Uses The uses permitted within said districts, together with the regulations affecting the usage of the lands contained therein, shall be as follows: Single-Family Residential District 1. Uses. by Right: Sinqle.-Family dwelling and customary accessory uses. 2. Uses. Conditional: Churches", hospital, nursery, school site, home occupation. 3. Uses. Special: None. 4. Minimum Lot Area: 65,000 sq. ft.(sewer) 2 ac. (ISDS & sewer) 5. Minimum Setback: To be specified at time of final plat by showing permitted building envelopes. 6. Maximum Height of Buildings: 30 feet 7. Maximum Lot Coverage: 10 percent. 8. Maximum Floor Area Ratio: 15 percent. 9. Additional Requirements: All uses shall be subject to any and all of the provisions, covenants, conditions, and restrictions contained in thfs application and to additional previsions, covenants, conditions and resbictions by the recording of any supplemental declarations. High-Densitv Single-Family Residential District (from RESOLUTION 2007-04) 1. Uses. by Right: Sinqre.-Family dwelling and customary accessory uses. 2. Uses. Conditional: Home Occupation. 3. Uses. Special: None. 4. Minimum Lot Area: 10,000 sq. ft 5. Minimum Setback: FronVRear. 25 feet, Sides: 10 feet 6. Maximum Height of Buildings: 28 feet 7. Maximum Lot Coverage: 25 percent. 8. Maximum Floor Area: 3294 square feet 9. Additional Requirements: All uses shall be subject to any and all of the provisions, covenants, conditions, and restrictions contained In this application and to additional previsions, covenants, conditions and restrictions by the recording of any supplemental declarations. 1 Multi-Family Residential District Zone Permitted Minimum Lot Max lot Minimum Max MaxF.A.R District Conditional Area Coverage Setbacks Height Uses M.F. (Multi Single family, (a) single family (a) not more (a) front and (a) 30' (a) 0.5 Family) twofamlly detached than 50% back; 10' Lots 1 and and multiple dwelling and two sides 2 per Reso family famlly dwellings: 96-34 dwelling, and 7,500 square feet customary (3,750 s.f. for accessory each duplex unit) uses, (sewer) townhouses, --condominium, (b) Townhouses (b) 100% (b) Zero lot (b) 30' "'Total floor common wall and (zero lot line). line Individual area of all design, condominiums "'Total lot units. "All buildings conditional zero lot-line coverage of buildings located on uses same as attached single each of Lots shall be Lot 1 or Lot 2 S.F. family dwellings: 1and2 of the setback from of the 600 square feel Resubdivision the existing Resubdlvislon (sewer) of Los lot lines of of Los Amigos Lots 1and2 Amigos Ranch Filing of the Ranch Filing No. 1 shall Resubdlvislon No. 1 shall not exceed of Los not exceed 50% of the Amigos 50% of the total area of Ranch Filing total area of such lot. No. 1 as such lot follows: 25' front and back; 10' sides •Referenced zone distric;t text applies to each of Lots 1 and 2 of the Re subdivision of Los Amigos Ranch Filing No. 1 as a whole, not to individually created townhouse, condominium, or attached single family dwelling lots. Rural Residential District 1. Uses. by Right: Single-family dwelling and accessory uses. 2. Uses. Conditional: Churches, hospital, nursery, school site, home occupation. 3. Uses, Special: None. 4. Minimum Lot Area: 35 acres (ISDS) 5. Minimum Setback: N/A 6. Maximum Height of Buildings: 30 feet. 7. Maximum Lot Coverage: NIA 8. Floor Area Ratio: N/A 9. Additional Requirements: All uses shall be subject to any and all provisions, covenants, conditions, and restrictions contained in this application and to additional provisions, covenants, conditions and restrictions by the recording of any supplemental declarations. These lots shall never be subject to resubdlvision. 2 r<1e1gnoornooa L;ommercra1 District 1. Uses. by Right: Single-family, retail groceries, drugstore, laundry service, furniture, appliances, hardware, clothing, garden supply, personal services, restaurant, and indoor recreation. 2. Uses. Conditional: None. 3. Uses. Special: None. 4. Minimum Lot Area: one acre (sewer) 5. Minimum Setback: a. Front yard· 25 feet from lot line b. Rear yard -25 feet from lot llne c. Side yard -10 feet from lot line 6. Maximum Height of Buildings: 30 feet 7. Maximum Lot Coverage: 50 percent. 8. Maximum Floor Area Ratio: 50 percent. 9. Additional Requirements: All uses shall be subject to any and all provisions, covenants, conditions, and restrictions contained In this application and to additional provisions, covenants, conditions and restrictions by the recording of any supplemental declarations. School Site District 1. Uses. by Right: Elementary School, Nursery. 2 . Uses. Conditional: None 3. Uses. Special: None. 4. Minimum Lot Area: NIA (sewer) 5. Minimum Setback: N/A 6. Maximum Height of Buildings: N/A 7. Minimum Lot Coverage: NIA Open Soace District 1. Uses. by Right Ranching, farming, and general agrtcu ltural activities, and accessory uses, thereto. 2. Uses. Conditional: None 3. Uses. Special: None. 4. Minimum Lot Area: N/A 5. Minimum Setback: N/A 6. Maximum Height of Bulldfngs: N/A 7. Minimum Lot Coverage: N/A Area of Apolicabflity The PUD covers the following described unincorporated area of Garfield County: Township 6 South. Range 88 West of the 6th P .M. Section 31: SE-% and Lot 2 Section 32: S-Yz SW-%, Lot 7 and SE-%, SE-% Section 33: Lots 1 B and 19 Township 7 South. Range 88 West of the 6th P.M. Section 5: Lots 3, 4, 5, 61 7, 11 and the easterly Yz of lot 1 O, NE-% SW-%, NW-% SE-%, SE-% NW-% and NE-% Section 6: Lots 2, 3, 4, 5, 6, 7, SW-% NE-% and NW-% -SE-% 3 Township 6 South, Range 89 West of the 6th P.M . Section 35: Lots 1, 2 . 10 and 16 Section 36: SE%, N~ SW% NE% NW% and Lots 1 and 2 EXCEPTING from the above described property the parcels of land as follows: 1. William E. Foster and Bruce Dixson by deed recorded in Book 374 at Page 480; 2. Colorado Mountain Junior College District by deeds recorded in Book 381 at Page 537 and Book 399 at Page 265; 3. Board of County Commissioners of Garfield County, Colorado, by deed recorded in Book 409 at Page 220. 4. All that portion of Lot' 2, Section 6, Township 7 South, Range 88 West of the 6th P.M. lying Southwesterly of the Southeasterly right of way line of a county road known as the RCollege Roadn. Parcel 1 That part of T.7 S., R. 88 W. of the 6th P.M., being au of Lot 9 and the Westerly one-half of Lot 1 O of Sec. 5, all of Lot 5 of Sec. 8 and that part of Lot 4 of Sec. 8, lylng Westerly of the westerly right-of-way line of a County Road as constructed an in place, the Westerly right-of-way line of said road being described as follows: · Beginning at a point on the Southerly line of said Lot 4, said polnt being on the Westerly right-of-way line of said County Road, whence the NE Corner of said Sec. 8 bears: N.60 5 03'34" E.1933.73 feet; thence N.03• 12.'18" E. 242.69 feet along the Westerly right-of-way line of said County Road; thence N.14° 5B'OB" E, 144:01 feet along the Westerly right-of-way line of said County Road; thence N.52° 07' E.691.57 feet along the Westerly right·of-way line of said County Road to a point on the Northerly line of said Lot 4. EXCEPT the Westerly 1024 feet of said Lot 5, Sec. 8 and said Lot 9, Sec. 5. Parcel 2 Lot 8 of Sec. 5, Lots B and 9 of Sec. 6, Lots 10 and 11 of Sec. 7 and Lot 6 of Sec. 8, T. 75, R.8BW. of the 6th P.M. EXCEPT all that part thereof heretofore conveyed by deeds recorded as Document No. 249250 in Book 418 at Page 1; Document No. 248001 in Book 409 at Page 220. County of Garfield State of Colorado and The Westerly 1024 feet at Lot Five (5), Section Eight (8), and Lot 'Nine (9), SeCtion Five (5), Township 7 South, Range 88 West of the s•h P.M., also known as Los Amigos Ranch PUD. WASTEWATER (from RESOLUTION 96-34) The (44) lots along ·Road A" (Los Amigos Drive to 1he water tank) which could potentially drain into the Spring Valley Aquifer, all lots along Los Amigos Drive that currently lie within the Spring Valley Sanitation District, all lots depicted upon the PUD Plan as "High Density'' single family lots, and all lots depicted upon the PUD Plan as "Multi-Family" units shall be serviced by central sewer provided by the Spring Valley San~atlon District. Given the economic inefficiencies and impracticalities associated with extending and maintaining central sewer service to the remaining westerly single family lots in the PUD, Applicant shall be allowed to service said remaining lots with individual sewage disposal systems (ISDS), subject to the following conditions: 4 V"J 1\ppncam snan provide to the Board all information needed by the Board to review the environmental and health impacts presented by ISDS service, which shall also be forwarded to the Colorado Department of Health, Water Quality Control Division for their review and recommendation. (B) The Board finds that the Colorado Department of Health has made a favorable recommendation regarding the proposed method of sewage disposal as required by C.R.S. 30-28-136 (1)(g) UTILITIES (from RESOLUTION 96·34) Common open space areas shall be dedicated by the Applicant to the Los Amigos Ranch Homeowners Association in an amount that maintains a 50:50 ratio or greater, dedicated open space to developed land. The dedication of open space shall coincide with the approval of the applicable final plat. PHASING (from RESOLUTION 96.J4) Applicant shall be entitled to develop the Los Amigos Ranch PUD pursuant to the Preliminary Plat and Final Plan phases set forth below. Phase Phase Description of Phase Commencement Completion of Designation Designation Date (Submission Development Per (Preliminary (Final Plat) of Preliminary Plan) Subdivision Plan) Improvement Aareement 1 A Approximately 38 lots on December 31, 1996 December 31, 1999 Road A and (1) lot adjacent to Filim:12 2 B Approximately 45 lots on December 31, 1999 December 31, 2002 Road A near water tank on RoadB 2 c Approximately 45 Jots through December 31, 1999 December 31, 2005 second draw, Road 0 2 D Approximately 40 lots through December 31, 1999 December 31, 2008 third draw. Road E 2 E Remaining single family lots, December 31, 1999 December 31, 2010 rural residential lots and nelahborhood commercial 3 F 80 high density single family December 31, 2008 December31, 2019 lots in lower valley (Reso 2001).16) (Prop •. PUD Amend 212016) 5 .. AGREEMENT RESTRICTING TRANSFER OF LOTS ·~~. '; .. . r. 1• ~ .. . . . : _! THIS AGREEMENT RESTRICTING TRANSFER OF LOTS {"Agreement") is entered ~~ ~ ·X·t ;."into this I ~'t!day of .5-eot· , 2016 by PMGC 2, LLC, a Texas limited liability ~ ;:7 r ~ company, whose address i( 6300 Ridglea Place, Suite 900, Fort Worth, TX 76116, ("Owner") and the Board of County Commissioners of Garfield County, ·Colorado {"County''). RECITALS WHEREAS, Owner is the owner and developer of Phase II of the Pinyon Mesa subdivision, consisting of approximately 33.798 acres of real property which is legally described in that certain Warranty Deed recorded May 24, 2016 as Reception No. 877562 ("Subdivision"); and WHEREAS, a final subdivision plat for the Subdivision was approved by the County and recorded ono9/2ak.6as 882 /:;i20 , comprising thirty-two (32) single-family residfuti~lots on the Property ("Subdivision"); and WHEREAS, Owner and County entered into ~ision Improvements Agreement dated O~~tf ..b and recorded ~f:, as Reception No. 882 62/ "SIA'~kh~equired Owner to provid security in an amount equal to the cost of the public improvements to be completed in the Subdivisionj and WHEREAS, the Garfield County Land Use and Development Code permits an applicant to provide security in the form of a restriction on conveyance of certain lots within the Subdivision; and WHEREAS, Owner desires to enter into this Agreement to provide the County with adequate security for the Improvements as defined in the SIA. NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, the parties agree as follows: ARTICLEl RESTRICTION ON TRANSFER 1.1 Transfer Restriction. Owner shall be prohibited from a Transfer of any portion of the real property described on Exhibit A ("Lots") until this Agreement is terminated by the parties as set forth herein and in the SIA. For purposes of this Agreement, the following events shall be referred to herein as a 11Transfer11 : (i) a transfer or conveyance of title (or any portion thereof, legal or equitable) of the Lots (or any part thereof or interest therein), (il) the execution of 1111W}P.1~~~1M1NH1ti.t11'J~IJ':~~~u • .,"'"1'1ulw. 11111 Receptlonn: 882622 09/20/2016 12:22:38 PM Jean Albe~lca 2 ar 5 Ree Fee:$31 .00 Doc Fee :B.00 GRRFIELD COUNTY CO a contract or agreement creating a right to title (or any portion thereof, legal or equitable) in the Lots, including a contract for purchase of the Lot (or any part thereof or interest therein), (iii) or an agreement granting a possessory right in the Lot (or any portion thereof), (iv) a sale or transfer of, or the execution of a contract or agreement creating a right to acquire or receive, more than fifty percent (50%) of the controlling interest or more than fifty percent (50%) of the beneficial interest in the Owner, (v) the reorganization, liquidation or dissolution of the Owner. 1.2 Remedies. In the event of a Transfer, and at the election of BOCC, the BOCC may immediately seek an injunction against such Transfer and may otherwise take actions to enforce the terms of the SIA. 1.3 Release. Upon completion of all Improvements required by the SIA, and upon request by Owner, the County shall enter into an agreement releasing this Agreement as set forth in the SIA. Upon the recordation of such release, this Agreement shall no longer encumber the Lots. 1.4. Other Lots Within Subdivision. This Agreement only encumbers the Lots, as specifically described above, and does not encumber any other portion of the Subdivision. ARTICLE2 GENERAL PROVISIONS 2.1. Notices. All notices and demands required or permitted under this Agreement shall be in writing as follows : (1) by actual delivery of the notice to the party entitled to receive it; (2) by mailing such notice by certified mail, return receipt requested, in which case the notice shall be deemed to be given three days after the date of its mailing; or (3) by Federal Express or any other overnight carrier, in which case the notice shall be deemed to be given as of the date it is sent. All notices which concern this Agreement shall be sent or delivered, as the case may be, to the address of the appropriate party as set forth below, except if changed by a party by notice pursuant hereto: U addressed to Owner: PMGC2, LLC c/o Ronald Norman, Manager 265 Ponderosa Pass Carbondale, CO 81623 With a copy to: Balcomb & Green, P.C. 1111 WJ'.1,,l1~~Mi'. lWI l'!l'HIW.~r.~~U f'nll'l li~iW. 11111 Recepllon#: 882622 09/2012016 12:22:39 Pn Jo~n Alberico 3 of 5 Rao Fee:$31,00 Doc Fee:0 .00 GARFIELD COUNTY CO Attn: Chad J. Lee, Esq. P.O. Drawer 790 Glenwood Springs, CO 81601 dee@balcombgreen.com If to County: Garfield County Commissioners 109 8th Street, Suite 213 Glenwood Springs, CO 81601 2.2 Choice of Law. This Agreement and each and every related document are to be governed and construed in accordance with the laws of the State of Colorado. 2.3 Waiver. No claim of waiver, consent or acquiescence with respect to any provision of this Agreement shall be valid against any party hereto except on the basis of a written instrument executed by the Parties to this Agreement. However, the party whose benefit a condition is inserted herein shall have the unilateral right to waive such condition. 2.4 Binding Nature. This Agreement shall constitute a covenant running with the title to the Lots as a burden thereon, for the benefit of, and enforceable by, the County. 1111 WJr_,~H:1K·,~M'~~~ f'Jl n~l'lll'i r•~l ~l1~i~)f 1 iWr 11111 Recepllan~: 882622 09/20/2016 12:22:39 PM Jean Rlberico 4 of 5 Reo Fea:$31.00 Doc Fee:O.D0 GARFIELD COUNTY CO IN WITNESS WHEREOF, the parties hereto have executed this Deed Restriction on the day and year first written above. OWNER: STATE OF COLORADO ) ) SS. COUNTY OF GacAe,\o{ ) The foregoing instrument was acknowledged before me Set;\:-embe.r l , 2016, by Ronald Norman, Manager of PMGC 2, LLC, a Texas limiled liability company. BRITT J. CHOATE WITNESS my hand and official seal. ST~~J~"c~~~~oo NOTARY 10 #19974007655 My commission expires: berico, Clerk and Recorder eld County, Colorado -~~~~~.,..,....~M~y:c;om~m~mr~o~nnexp~wtes_J_IA'f_1~,2701~1- 1111 M~.1~KtK 111'11~'.111'11 mL ~j 't\1 t ~r.ltl)f ~1~~1 ~llv~1 11111 RecepllonM: 882622 09/20/2016 12:22:39 PM Jean Rlbarfco 5 of s ffeo fea ~$31.00 Doc Fee:O.CO GRRflELO cour.rrv co EXHIBIT A LEGAL DESCRIPTION LOTS 49:-58, P NYON MESA FILING 2, ACCORDING TO THE PLAT THEREOF RECORDED Q '_b AS RECEPTION NO. 882 62D IN THE RECORDS OF ' . .. PINYON MESA FILING 2 SUBDMSION IMPROVEMENTS AGREEMENT ~ :.., ' ·.i_: ~~1 ·~1 \. THIS PINYON MESA FILING 2 SUBDNISION IMPROVEMENTS ~~; ~ ~AGREEMENT ("Agreement'') is made and entered into this ~ day of • /~ .. 1:"·:1;0~i~t;:J §~cl . , 2016, by and between PMGC 2, LLC, a Texas limited Iiabili ty company · • ·'·· ·· ~°l''bwner'') and the BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, · :f ¢dLORADO, acting for the County of Garfield, State of Colorado, as a body politic and ~corporate, directly or through its authorized representatives and agents ("BOCC"). RECITALS WHEREAS, on February 5, 2007 the BOCC, by Resolution No. 2007-04, approved a preliminary plan for Phase III of the Los Amigos PUD 1 known as the Pinyon Mesa Subdivision which, among other things, would create eighty (80) single-family residential lots in 2 Phases, Phase I consisting of forty-eight ( 48) lots and Phase Il consisting of thirty- two (32) lots ("Preliminary Plan Approval"); and WHEREAS, on ad. I. ?,uo '1-, the Final Plat of Phase I of the Subdivision was recorded as Reception No. '1-.3'/ ?=IA/ , which created forty-eight (48) lots; and WHEREAS, Owner is the owner and developer of Phase II of the Pinyon Mesa subdivision, consisting of approximately 33.798 acres of real property which is legally described in that certain Warranty Deed recorded May 24, 2016 as Reception No. 877562 ("Property"); and WHEREAS, Owner has submitted to the County fur its approval a final subdivision plat ("Final Plat'') for the second filing of the Subdivision, comprising thirty-two (32) single~familyresidential lots on the Property ("Subdivision"); and WHEREAS, as a condition of approval of the Final Plat of the Subdivision, submitted to the BOCC for approval as required by the laws of the State of Colorado, Owner wishes to enter into this Agreement with the BOCC; and WHEREAS, Owner has agreed to execute and deliver a specific form of collateral to the BOCC to secure and guarantee Owner's performance under this Agreement and has agreed to certain restrictions and conditions regarding the sale of properties and issuance of building permits and certificates of occupancy, all as more fully set forth below. NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, the parties agree as follows: I. FINAL PLAT APPROVAL. The BOCC hereby accepts and approves the Final Plat of the Subdivision, on the date set forth above, subject to the terms and conditions of this Agreement, the Preliminary Plan Approval, and the requirements of the Garfield County zoning and subdivision regulations and any other governmental or quasi- governmental regulations applicable to the Subdivision ("Final Plat Approval"). This approval authorizes construction and development within Filing 2 of the Subdivision, as approved by the Preliminary Plan Approval. Recording of the Final Plat shall be in accordance with this Agreement and at the time prescribed herein. 2. OWNER'S PERFORMANCE. a Completion Date/Substantial Compliance. Owner shall cause to be constructed and installed the subdivision improvements (collectively the "Improvements"), identified in subparagraphs i. and ii. below, at its own expense, including payment of fees required by the County and/or other governmental and quasi-governmental entities with jurisdiction. The hnprovements shall be completed on or before the end of the first full year following execution of this Agreement ("Completion Date"), in substantial compliance with the following: i. Plans marked "Approved for Construction" for all on-site Improvements for the Subdivision, prepared by Schmeuser, Gordon, Meyer, Inc., under project number 01502H, and submitted to the BOCC on or about St:ol '' "l.Dlfe , attached as Exhibit A-1 and the estimate of cost of cofupletio~ certified by and bearing the stamp of Owner's pi:ofessional engineer licensed in the State of Colorado ("Owner's Engineer"), attached as ExhibitA-2; and all other documentation required to be submitted along with the Final Plat under pertinent sections of the Garfield County subdivision and zoning regulations ("Final Plat Documents"); ii. All requirements of the Preliminary Plan Approval; 111. AU laws, regulations, orders, resolutions and requirements of the State of Colorado, Garfield County, and all special districts and any other governmental or quasi·govemmental authority(ies) with jurisdiction; and iv. The provisions of this Agreement. b. Satisfaction of Subdivision Improvements. The BOCC agrees that if all Improvements are installed in accordance with this Paragraph 2; the record drawings are submitted upon completion of the Improvements as detailed in paragraph 3. f., below; and all other requirements of this Agreement, then the Owner shall be deemed to have satisfied all tenns and conditions of the Garfield County zoning and subdivision regulations, with respect to the installation of hnprovements. 3. SECURITY FOR IMPROVEMENTS. a. Restriction on Transfer. As security for Owner's obligation to complete the Improvements in accordance with this Agreement, Owner shall be restricted from selling, transferring, encumbering, or otherwise conveying certain Lots within the Subdivision with a cumulative value of at least $1,042,640.50, as determined by a licensed appraiser, which amount represents the full estimated cost of completing the Improvements, including a sufficient contingency to cover cost changes, unforeseen costs and other variables (not less than l 0% of the estimated costs and as approved by the BOCC), minus the cost of Improvements already completed as of the date of ex:ecution of this Agreement, as set forth and certified by Owner's Engineer on Exhibit A-2, to guarantee completion of the Improvements. Owner has submitted an appraisal to the BOCC, attached as Exhibit B, which fmds that all Lots within the Subdivision range in value from $110,000 to $150,000. For purposes of this Agreement, the parties shall stipulate that all lots within the Subdivision shall have a minimum value of $150,000. Thus, to secure the restriction on transfer of a sufficient amount of Lots, Owner shall deliver to the BOCC, on or before the date of recording of the Final Plat of the Subdivision with the Garfield County Clerk and Recorder, a Restrictive Covenant in the form agreed to be acceptable to the BOCC, which is attached to and incorporated in this Agreement by reference as Exhibit C (''Restrictive Covenant'i encumbering an adequate number of lots to reach a cumulative value of at least $1,042,640.50. b. Revegetation Security. Revegetation of disturbed areas in the Subdivision shall be secured by delivery of a Treasurer's Deposit Agreement in a form acceptable to the BOCC, attached to and incorporated in this Agreement by reference as Exhibit D, in the amount of Sl2,500 from the Owner to the BOCC (''Revegetation TDA"). The Revegetation TDA shall be valid for a minimum of four (4) growing seasons following recording of the Final Plat i. Upon establishment of vegetation, the Owner shall request review of the revegetation work by the Garfield County Vegetation Management Department, by telephone or in writing. Such review shall be for the purpose of verification of success of revegetation and reclamation in accordance with the Garfield County Noxious Weed Management Plan 2016, adopted by Resolution No. 16-12 and recorded in the Office of the Garfield County Clerk and Recorder as Reception No. 873 821, as amended, and the Revegetation/Reclomation Plan for the Subdivision submitted as part of the Final Plat Documents. ii. Following receipt of written approval of the Vegetation Management Department. the Owner may submit to the BOCC, through the Building and Planning Department, a written request for release of the Revegetation TDA, along with certification of completion by the Owner, or Owner's agent with knowledge, and a copy of the written approval of the Vegetation Management Department. 111. If the Vegetation Management Department refuses approval and provides written notice of deficiency{ies), the Owner shall cure such deficiencies by further revegetation effons, approved by the Vegetation Management Department, as such may be instituted within the four ( 4) growing seasons following recording of the Final Plat. iv. If revegetation efforts are deemed unsuccessful within the four (4) growing seasons, in the sole discretion of the BOCC upon the recommendation of the Vegetation Management Department, or if the BOCC detennines that the Owner will not or cannot complete revegetation, the BOCC may withdraw and employ from the Revegetation TDA such funds as may be necessary to carry out the revegetation work, up to the amount ofRevegetation TDA. v. In lieu of or in addition to drawing on the Revegetation TDA, the BOCC may bring an action for injunctive relief or damages for the Owner's failure to adhere to the provisions of this Agreement related to revegetation. The BOCC shall provide the Owner a reasonable time to ewe any identified deficiency prior to requesting payment from the Revegetation TDA or filing a civil action. vi. It is specifically understood that the Revegetation TOA is not subject to successive partial releases, as authorized in subparagraph 3(c) below. Further, the Revegetation TOA, and the BOCC's associated right to withdraw funds and bring a court action, may survive final release of the TDA and/or termination of this Agreement. c. Partial Releases of Transfer Restriction. Owner may request partial release(s) of the lots encumbered by the Restrictive Covenant by means of submission to the Building and Planning Department of a ''Written Request for Partial Release of Transfer Restriction," in the form attached to and incorporated herein as Exhibit E, accompanied by the Owner's Engineer's Certificate of Partial Completion of Improvements, stamped by Owner's Engineer. The Owner's Engineer's seal shall certify that the Improvements have been constructed in accordance with the requirements of this Agreement, including all Final Plat Documents and the Preliminary Plan Approval. Owner may also request release for a portion of the security upon proof that 1) Owner has a valid contract with a public utility company regulated by the Colorado Public Utilities Commission obligating such company to install certain utility lines; and 2) Owner has paid to the utility company the cost of installation as required by the contract. The BOCC shall authorize successive releases of portions of the face amount of the Security as portions of the Improvements, other than revegetation, required hereunder are certified as complete to the BOCC by the Owner's Engineer and said certification is approved by the BOCC. d. BOCC's Investigation. The BOCC shall be permitted to inspect and review the Improvements at any time during construction. For purposes of soliciting and encouraging an inspection, Owner shall contact the Community Development Director, at (970) 945-8212. Notwithstanding the foregoing, upon submission of the Owner's Written Request for Partial Release of Transfer Restriction, along with Owner's Engineer's Certificate of Partial Completion of Improvements, the BOCC may review the certification and may inspect and review the Improvements certified as complete to determine whether or not said Improvements have been constructed in compliance with relevant specifications, as follows: i. If no letter of potential deficiency is furnished to Owner by the BOCC within fifteen (15) business days of submission of Owner's Written Request for Partial Release of Security accompanied by Owner's Engineer's Certificate of Partial Completion of Improvements, all Improvements certified as complete shall be deemed complete by the BOCC, and the BOCC shall authorize release of the appropriate amount of security. ii. If the BOCC chooses to inspect and detennines that all or a portion of the Improvements certified as complete are not in compliance with the relevant specifications, the BOCC shall furnish a letter of potential deficiency to the Owner, within fifteen (15) business days of submission of Owner's Written Request for Partial Release of Security accompanied by Owner's Engineer's Certificate of Completion of hnprovements. 1111 w1P.1rr1Ki.~i·~r~·M'1i1.1,·~1 rl\l~~n rt t(•ti,:11 Iv). 11111 Reception#: 882621 09/20/2016 12 :22 :38 PM Je;an Alberico 6 cf 49 Rec Foe :$2S1,00 Doc Fee:O 00 GARFIELD COUNTY CO m. If a letter of potential deficiency is issued identifying a portion of the certified Improvements as potentially deficient, then all Improvements not identified as potentially deficient shall be deemed complete, and the BOCC shall authorize release of the amount of security related to the certified Improvements that are not identified as potentially deficient. iv. With respect to Improvements identified as potentially deficient in a letter of potential deficiency, the BOCC shall have thirty (3 0) business days from the date of the letter to complete the initial investigation, and provide written confirmation of the deficiency(ies) to the Owner. v. If the BOCC finds that the Improvements are complete, in compliance with the relevant specifications, then the appropriate amount of security shall be authorized for release within ten (10) business days after completion of such investigation. e. BOCC Completion of Improvements. If the BOCC finds, \vithin the thirty (30) dny period of time, defined in subparagraph 3 (d)(iv) above, that the Improvements are not complete, or if the BOCC detennines that the Owner will not or cannot construct any or all of the Improvements, whether or not Owner has submitted a written request for release of Security, the BOCC may expend such funds as may be necessary to construct the Improvements in accordance with the specifications. In such event, the BOCC shall make a written finding regarding Owner's failure to comply with this Agreement prior to enforcing this Agreement. In lieu of or in addition to enforcing this Agreement, the BOCC may bring an action for injunctive relief or damages for the Owner's failure to materially adhere to the provisions of this Agreement. The BOCC shall provide the Owner a reasonable time to cure any identified deficiency(ies) prior to executing on this Agreement or filing a ci vii action. f. Final Release of Transfer Restriction . Upon completion of all Improvements, Owner shall submit to the BOCC, through the Building and Planning Department: 1) record drawings bearing the stamp of Owner's Engineer certifying that all on-site Improvements have been constructed in accordance with the requirements of this Agreement, including all Final Plat Documents and the Preliminary Plan Approval, in hard copy and a digital format acceptable to the BOCC; 2) copies of instnunents conveying real property and other interests which Owner is obligated to convey to the Homeowners' Association of the Subdivision by the terms of this Agreement; and 3) a Written Request for Final Release of Security, in the form attached to and incorporated herein as Exhibit F, along with Owner's Engineer's Certificate of Final Completion of Improvements. i. The BOCC shall authorize a final release of the Restrictive Covenant after the Improvements are certified as final to the BOCC by the Owner's Engineer and said final certification is approved by the BOCC. If the BOCC finds that the Improvements are complete, in accordance with the relevant specifications, the BOCC shall authorize release of the final amount of security within ten (10) days following submission of the Owner's Written Request for Final Release of Security accompanied by the other documents required by this paragraph 3(t). 11. Notwithstanding the foregoing, upon Owner's Written Request for llll IJ~.1~1f,'t~~i'~ll,1,rt..&..ilrl:il!1~V·J~ILNJ ft~'lll\1~ 11111 Reception": 882621 09120/2016 12:22:38 PM Jean Rlberlco 6 of 49 Rec Fee:$251.00 Dec Fee:O 00 GARFIELD COUNTY CO Final Release of Security accompanied by Owner's Engineer's Certificate of Final Completion of Improvements, the BOCC may inspect and review the Improvements certified as complete. If the BOCC does so review and inspect, the process contained in paragraph 3(d) above shall be followed. m. If the BOCC finds that the Improvements are complete, in accordance with the relevant specifications, the BOCC shall authorize release of the final amount of security within ten (10) business days after completion of such investigation. If necessary, the BOCC may complete remaining Improvements in accordance with process outlined in Paragraph 3 ( e) above. iv. If, following the inspection contained in paragraph 3(d), the BOCC finds that the Subdivision Improvements are not complete, in accordance with the relevant specifications, and/or that requirements of the Preliminary Plan applicable to the Subdivision have not been satisfied, the BOCC may complete the remaining Subdivision Improvements nnd satisfy the applicable requirements of the Preliminary Plan, or institute court action in accordance with the process outlined in paragraph 3(e) above; provided, however, that such action may only be taken by the BOCC if the BOCC detennines in its reasonable discretion that the subject Subdivision Improvements will not or cannot be satisfactorily completed on or before the Completion Date and, provided further, that the BOCC shall provide Owner an opportunity to cure any identified deficiency(ies) or violations, as set forth in herein, prior to initiating any of the self-help remedies described herein, including, without limitation, commencing work on the Improvements, initiating the foreclosure proceedings set forth in Section 13-106 of the LUR, or filing a civil action. g. Recording of Final Plat. The Final Plat of the Subdivision shall be recorded when the security described in this paragraph 3 has been received and approved by the BOCC. 4. WATER SUPPLY AND WASTEWATER COLLECTION. Prior to issuance of any certificates of occupancy by the BOCC for any residences or other habitable structures located and constructed within the Subdivision, Owner shall install and connect a water distribution system for potable water, fire protection and a wastewater/sewer collection system in accordance with approved plans and specifications. All easements and rights-of-way necessary for installation, operation, service and maintenance of such water supply and distribution system and wastewater collection system shall be as shown on the Final Plat Conveyance of the system(s), including real and personal property interests, from the Owner to the Pinyon Mesa HOA and the Spring Valley Sanitation District shall be in accordance with Paragraph 7, below. 5. PUBLIC ROADS. All roads within the Subdivision shall be dedicated to the public as public rights-of-way. Road rightswofwway shall be dedicated by the Owner and accepted by the BOCC, on behalf of the public, on the face of the Final Plat. The Homeowners' Association of the Subdivision shall be solely responsible for the maintenance, repair and upkeep of said rights-of-way, including the traveled surface of the roadways and portions of the rights-of-way outside of the traveled surface. The BOCC shall not be obligated to maintain any road rights~ofwway within the Subdivision. 1111 JJJr.1F,'fJ K\ "'-'fll't'' 11 ~hill~ ~··~MJN.r ~~tf\lf .llM. 1111 I Receptionn: 882621 09/20/2016 t2i22:3B P~ Jean Albe~icc 7 or 49 Rec Fee :$25t ,OO Doc Fae :0 .00 G~RFIELD COUNTY CO 6. PUBLIC UTILITY RIGHTS-OF-WAY. Whether or not utility easements exist elsewhere in the Subdivision, all road rights-of-way within the Subdivision, whether public or private, shall contain rights-of:way for installation and maintenance of utilities. Public utility easements shall be dedicated by the Owner and accepted by the BOCC, on behalf of the public, on the face of the Final Plat. The Homeowners' Association of the Subdivision shall be solely responsible for the maintenance, repair and upkeep of said public utility easements, unless othenvise agreed to with the public utility company(ies). The BOCC shall not be obligated for the maintenance, repair and upkeep of any utility casements within the Subdivision. In the event a utility company, whether publicly or privately owned, requires separate conveyance by deed or otheJWise, Owner shall also convey utility easements by separate document. 7. CONVEYANCE WATER SUPPLY SYSTEM/WASTEWATER COLLECTION SYSTEM. The Water Supply System and Wastewater Collection System(s) shall be conveyed by deed promptly following the completion of Improvements. 8. INDEMNITY. The Owner shall indemnify and hold the BOCC harmless and defend the BOCC from all claims which may arise as a result of the Owner's installation of the Improvements and any other agreement or obligation of Owner related to development of the Subdivision required pursuant to this Agreement. The Owner, however, does not indemnify the BOCC for claims made asserting that the standards imposed by the BOCC are improper or the cause of the injury asserted, or from claims which may arise from the negligent acts or omissions of the BOCC or its employees. The BOCC shall be required to notify the Owner of the BOCC's receipt of a notice of claim or a notice of intent to sue, and the BOCC shall afford the Owner the option of defending any such claim or action. Failure to notify and provide such written option to the Owner shall extinguish the BOCC's rights under this paragraph. Nothing in this paragraph shall be construed to constitute a waiver of the Sovereign Immunity granted to the BOCC by Colorado statutes and case law. 9. ROAD IMPACT FEE. Pursuant to the Garfield County subdivision regulations, a Road Impact Fee of $59,716.80 bas been established for the residential units within the Subdivision. Owner is responsible for fifty percent (50%) of the Road Impact Fee, which is $29,858.40. Owner shall remit payment to the Garfield County Treasurer in the amount of $29,858.40 at or prior to the time of recording of the Final Plat. The remaining 50% ($29,858.40) will be collected pro rata from lot owners each time a building permit issues for a residence within the Subdivision. 10. SCHOOL LANDS/FEES IN LIEU. Previously a deed conveying land to the Roaring Fork School District RE·l has been recorded at Reception No. 723310 in Book 1926, at Page 0592J in accordance with Section 30-28-133(4), C.R.S., as amended. Therefore, Owner is not responsible for payment of fees in lieu of dedication of school. 11. COMPLIANCE WITH FIRE DISTRICT REQUIREMENTS. The Carbondale & Rural Fire District ("District'') has reviewed and commented on this application. Per this review, the Owner shall: a. Install a water supply system pursuant to plans approved by the District's Fire Chie~ including fire hydrants at the locations agreed upon between Owner and the District, llll IJ~.11(~~'~1'~1~1~1\'~iA~t~l~llfU~M~liW.11111 Receptlon": 882521 09120/2016 12·22·39 PM Je~n Albc~lco 8 of 49 Reo Fi!e,$251.00 Doo Fee:0.00 GARFIELD COUHTY CO shown on the Final Plat of the Subdivision; and b. Pay an impact fee to the District of $730 per dwelling unit at the time of Final Plat. For this Filing 2, the fee shall be $23,360.00. 12. SALE OF LOTS. No lots, tracts, or parcels within the Subdivision may be separately conveyed prior to recording of the Final Plat in the records of the Garfield County Clerk and Recorder. 13. BUILDING PERMITS AND CERTIFICATES OF OCCUPANCY. As one remedy for breach of this Agreement, the BOCC may withhold issuance of building permits for any structures requiring building permits within the Subdivision. Further, no building permit shall be issued unless the Owner demonstrates to the satisfaction of the Carbondale Rural Fire Protection District ("District") that there is adequate water available to the construction site for the District's purposes and all applicable District fees have been paid to the District. Further, the parties agree that no certificates of occupancy shall issue for any buildings or structures, including residences, within the Subdivision until all on- site Improvements have been completed and are operational as required by this Agreement. Owner shall provide the purchaser of a lot, prior to conveyance of the lot, a signed copy of a form in substantially the same form as that attached to and incorporated herein by reference as Exhibit G, concerning the restrictions upon issuance of building permits and certificates of occupancy detailed in this Agreement, Final Plat Approval and Preliminary Plan Approval. 14. ENFORCEMENT. In addition to any rights which may be provided by Colorado statute, the withholding of building permits and certificates of occupancy provided for in paragraph 13 above, and the provisions for release of security, detailed in paragraph 3 above, it is mutually agreed by the BOCC and the Owner that the BOCC, without making an election of remedies, or any purchaser of any lot within the Subdivision shall have the authority to bring an action in the Garfield County District Court to compel enforcement of this Agreement. Nothing in this Agreement, however, shall be interpreted to require the BOCC to bring an action for enforcement or to withhold pennits or certificates or to withdraw and use security. Nor shall this paragraph or any other provision of this Agreement be interpreted to permit the purchaser of a lot to file an action against the BOCC. 15. CONSENT TO VACATE PLAT. In the event the Owner fails to comply with the terms of this Agreement, the BOCC shall have the ability to vacate the Final Plat as it pertains to any lots for which building permits have not been issued. As to lots for which building permits have been issued, the plat shall not be vacated and shall remain valid. In such event, the Owner shall provide the BOCC a survey, legal description and a plat showing the location of any portion of the Final Plat so vacated and shall record the plat in the Office of the Garfield County Clerk and Recorder. If such plat is not recorded by the Owner, the BOCC may vacate the plat, or portions thereof, by Resolution. 16. NOTICE BY RECORDATION. This Agreement shall be recorded in the Office of the Garfield County Clerk and Recorder and shall be a covenant running with tit1e to all lots, tracts, and parcels within the Subdivision. Such recording shall constitute notice to prospective purchasers or other interested parties as to the terms and provisions thereof. ,. IUI WJF.rl~ Wl!~lD'1NilC rl+Ull •.N\ ':\\.'•Fii~'DI iW. 11111 Reception~: 882621 09/20/201& 12 ·22 ·38 P" Jean Albarlco g of 49 Roe Fee:S251.00 Ooo Fee:0.00 GARFlEl..D COUNTY CO 17. SUCCESSORS AND ASSIGNS. The obligations and rights contained herein shall be binding upon and inure to the benefit of the successors and assigns of the Owner and the BOCC. 18. IDENTIFICATION OF CONTRACT ADMINISTRATORS AND NOTICE PROVISIONS. All notices required or pennitted by this Agreement shall be in writing and shall be deemed effective when received by the recipient party via personal or messenger service delivery, facsimile transmission or United States certified mail (postage prepaid, return receipt requested), in all cases addressed to the person for whom it is intended at the address or facsimile number set forth below: Owner: With Copy to: BOCC: Ronald Noonan, Manager PMGC2, LLC 265 Ponderosa Pass Carbondale, CO 81623 Chad J. Lee, Esq. Balcomb & Green, P .C. 818 Colorado Avenue Glenwood Springs, CO 81601 Board of County Commissioners of Garfield County, Colorado c/o Planning Director 108 Eighth Street, Room 201 Glenwood Springs, CO 81601 Phone: (970) 945-8212 Fax: (970) 384-3470 The Representatives of the Owner and the BOCC, identified above, are the authorized representatives of the parties for purposes of contact administration and notice under this Agreement. 19. AMENDMENT. This Agreement may be modified from time to time, but only in writing signed by the parties hereto, as their interests then appear. The parties, however, may change the identification of notice recipients and contract administrators and the contact infonnation, provided in paragraph 18 above, in accordance with the notice provisions and without formal amendment of this Agreement. 20. COUNTERPARTS. This Agreement may be executed in counterparts, each ofwhich shall be deemed an original, and all of which, when taken together, shall be deemed one and the same instrument 21. VENUE AND JURISDICTION. Venue and jurisdiction fur any cause arising out of or related to this Agreement shall lie with the District Court of Garfield County, Colorado, and this Agreement shall be construed according to the laws of the State of Colorado. llR M~.rl1~'~'~'lf:l'I rt'll~t» J\~\1l~fl~UM\~'~t~·l1~ 11 ll I Recepllon": 882621 1 09/2012016R 12F:22:3SB25P1MO~J·o~o"c ~!:~o Qg GARFIE\.D COUNTY co 10 of 49 oo ••: · w • • IN WITNESS WHEREOF, the parties have signed this Agreement to be effective upon the date of Final Plat Approval for the Subdivision. Alberico , Clerk and Recorder Garfield County, Colorado STATEOF Colorado ) ) SS. COUNTY OF fucf, eld ) d£ \ L ti /.On s~ ~ef l I ;2.Ql JI I Subscnoed and sworn to before me by Ronald Nonnan as Manager of PMGC 2, LLC, a Texas limited liability company. WITNESS my hand and official seal. My conunission expires: _____ _ BRITT J. CHOATE NOTARY PUBLIC STATE OF COLORADO NOTARY ID #19974007655 My Commission Expires July 1, 2017 --• '1 < I 0 u > ~ ~ --~ ~ 8 ~ ~ ......... ~ ~ --= .., ::: DO ~ OQ ..... -1..0 ... GI•• :s ~= -CZ:ll.. ~m!I cu •o 00 -== ..,0 ~ ... E~ _Nll.-~mmlC :i!!N"'i.. ..,::.CO •• •. --a:1IU ::.... •·U. fEi~o i!: 5ra~ .. '""cm ~ ~N~ ~e-c; .. _uNO =l.ICii .• ma:: ' PMGC2, LLC Pi nyon Mesa II Fina I. Plat/Construction \ ' ; ~ •.t .... ~ ··-~···. ,:9':>.:~~·.\.:,~ \\ ~:·-'?.\ \ ... ~. -., ~ ' "" ,,~ I? . ll ;• ' " ' • . ' ~· .. ·,_ "· . .. ,.. ,,.., " •. . .. \" I -1 • • ~ \: ~ • , !.i''-· . · ,:;- ·Q-; '' . : ... ,1·,.A, •. • ,I ~· . \' . ·~ . \ ~. ,, . ·~'/f,,,,. =· • \' .. <;; ~·· ':. ,/ '~J~' . J-~---~·--~. "':~ ·-· . .) . ~' . '· l l \:r~ · • • ..... , ~(!,; . "~-1::.::::_ _; '.· ' I' If.•= :.·,~I~·\ f ·.-,- ·1 ~ •• 1. I 'i '!.II . ,, ~. ~ .... ., VldnltyMop S!!!!!telW ... ................................. ...,,""'..,,.,,,,..,., .. ,._..._ ....... •. t 6SGM 11 B West Sixlh Street, Suite 200 Glenwood Springs, CO 81601 970. 945.1004 www.sgm·lnc.cam Praj~l1111ar David M. Kotz, P.E. 29961 Owner I Appllcanl PMGC2, LLC 6300 lliclglea Place, I 900 FmtWDllh, 1X 76116 817·738-1801 Ron Norma11; President Conslruclion Set Soplernbmr 2, 2016 Sheel Index I Co-$'-' 2 l.,,,d. No/er. onJ Ablnrialions 3 Kood GeotNl1y l'lon " ~~ s l'ilf>on .w.... o... wa.w .'bl Son11oty s ...... titttlA !'Iott onJ ~ Sia. MXJ lo dHO ,, St.nilrNy S•wwr lin• A /llrx, one/ l'roli/6. s.tr. 6+40/o 10..11.SI 7·8 Slotm Du#! Ffon """Prof.Jn P· 10 l'Wr}'fll1 Me... l'lott om/ ltoNlf 11· 12 l'oinbuJr Way Plan oml /'rrJil. 13 £"""9f"'q' 6-1 Plan one/~ u Hr. Tnd '""'°""""'Non onJ l'rvlilm 15 lifl ~ Acwu Pion oml ltold.; 16 Eimlon Catlrol Plan 17-IP ~s,_ 20-23 cnwsm.a... ljJ-- ' •. --bolo& I •.• • CaUbdonlto11dlg. -- CNCC 1-800-922-1987 1111t}PJr'fl~tlr-.",~•IMl.rJM~l\'IM~~rr~~~iv111111 Reception~: 882621 0912012016 12:22:39 PM Jean Alberloo 12 of 49 Rec Fee:S251.00 Doc Fee:0.00 GRAFJELD COUNTY CO ~f ~ . i5"f = !l g • .. 0 I ~ a. I r I~ o 9 I i -.......: :iii ... ~ ~ ::= ~ 8 :; §5 8 ~ i ;i 88 .......... ~ i<?. ---:!!: ~ cr1&. -;;;:. !i u ~ 118 ~-... 8 ..,c . ---Na.- -UJC:U~ :i!Nl'l411 ~-a···· CIN• .... .. .;; ... -:as-u ~c., il!ii oioa: _:.;:~~ a:t~-=u ... o .&1!1~ _ .., -1-1-.. ,-,-~__.. .. ., "l~nl,.., "1-""I ...... tlara"t",,.; ··1-.. ·~ :;1=:1:~ 1#1__,,,.I,,_. ... ,~~I.,., 1••1-•WTJ•W "'l .... •~1•w ~1~1:: --· ,.,_ .................. --~ ----...- Cl ...,. ...... ..,,. ~ ...,,,.. .. ,,.,,.,. Cl ................ .., .... .,..,,,. 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Polnlbrush Woy Cross Sedions ..... llU'9• b!'"'"'.~~t.-M!I~ PMGC2, UC nnronMma U Fi...JPlo~ Slo. 2+00 lo 7 +SO ,_ .. 1-.,,,~ 1: .,,. .. ,. 22 23 1111WJ~.1l'l~~rF·~\~.l'i\".K1l~r1~n·lf.~~.'IM'C'1tll~·Jli•1I.11111 Recepllon~: 882621 09120/2016 12:22:39 PM Joan Albe~lco 33 or 49 Rec Fee :$251 .0D Doc Fu:0.00 GARFIELD COutlTY CO f. 2 .~ i I i t ' \ .. I .. I i \ .. ' ' ~· ' \ ' a• •' ; ' ' '· ' ... ' .... _ 1 f" . , .. I ' '''} .... .. , " ................. ' ' ' 1 I I 1' 1 •• 't. t ' ' . ' \ ~ ' ' sn (J) \ I i I ~c '• l, ' ~ ~ f ' 'I' (/) I~ Ci) I i i l ij 3: .. " ;:; \ ' .. ' ' ... ' IS ' .. ' lS " ' ... ' ' a . ~· s I '• ' I ( ' I • .. , I I \ ' • \ I \ . i ' ' ' ......... , ' ' 1 \ ' \ \ ' ' .. , . f ... \ t.., .... , .. ' ........... [~ ' ' I . I 1 ' ' \ t \ . f ' ' ' ' \ ' ~. ', r I •. l • I \ \ ' J i i ~ ', ... ·, I \ ' .. I :; ' a ' ' ' 2 ' 2 ' I a \ s ... a ' .... ' ' I ' ' I ' ' :l I ' ·' ' ' :j \ , , ··. I .. \ ., . i • ' J ' ' , \ .. 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II u I Rcceptiantt: 882621 09120/2016 f2 :22:38 Prl Je~ Albarlco 34 of 49 Rae Fea:$251 .0CJ Doc Feo:0.00 GARFIELD COUNTY CO ExhlbltA•.t. 6SGM Pinyan Mesa Phase II Public Improvements Cost Estimate Unit Description Unit Amount Unlt Price Total 1 Lump sum Mobnization 1 $45,000.00 $45,000.00 2 CublcY•d Road over ex -recompact 121(]0 S7.00 S84,700.00 3 Cubic Yard Cul FiU 2200 $6.00 $13,200.00 4 Cubic Yard Pit run fill 4400 $8.00 $35,200.00 5 Ton Class 6 road base 1900 $30.00 $57,000.00 6 Ton Asphalt pavinl 1000 5105.00 $105,000.00 7 Linear foot (LF) Type 2 curb and gutler 4400 $28.00 $123,200.00 8 Square feet Valley Pans and Fillets 1620 $9.00 $14,580.00 9 Each 48"FES 2 $600.00 $1,200.00 10 LF ACS N-1218" 380 $40.00 $15.200.00 11 LF ADS N-1248• 80 $115.00 $9,200.00 12 Each 18" FES 3 $300.00 $900.00 13 Cubic Yard Outlet rip rap 60 S60.00 $3,600.00 14 Each Drain Inlet w/ Z overex 6 $3,800.00 $22,800.00 15 LF 8" PVC Sewer Pipe 665 $35.00 $23,275.00 16 LF a· Certa_Flo sewer pipe restrain 250 590.00 $22,500.00 17 Each Sewer Service 15 $2,600.00 $39,000.00 18 Each Sewer Manholes with 2' overex 6 $4,600.00 $27,600.00 19 Each Sewer Manholes with Olsslpalot 1 $4,900.00 $4.900.00 20 LF e-rnp water Main 1900 S70.00 $133,000.00 21 Each Water Main Fillings 8 $350.00 s2.eoo.oo 22 Each e· Gate Valve with Valve Bax 3 $2,100.00 $6,300.00 23 Each F .. e Hydrant Assembly4 4 $6,200.00 $24,800.00 24 Each Water Service 32 $2,200.00 $70,400.00 25 Lump sum Erasion Control 1 $12,000.00 $12,000.00 26 LF Shallow Ulility T renchlng 4400 SB.75 538,500.00 27 Each Electric Vaull lnstallalion 15 $800.00 S12,000.00 ITEM TOTAL $947,855.00 10 Yo Contingency $94,785.50 TOTAL WI CONTINGENCY $1,042,640.50 ~ ... v -:i. 1 A ~oori~ . ~~fj ~·~.... (~,, . \.l.J'l~';-.1!-fj,··~~ ,,,, .-"n\-""'· -"· ~ . ;.; \ Note· 1 · •• ~ V. • -.. .,, 'W '-· This c;ost estimate ls an engineer's opinion or probable cost and Is not a quotallon or bid. ff~ i ~· ~(j .. : ~ ) As with any estimate, actual costs may vary due to unforeseen circumstances and market ce>n9itl0r\p1' ~ / . ~. 11,,~ "\, fk : . '1•1 C,~' ~,, I ~f .~ "' •1 • <.~ I • I \: 'o':• ... ,.. "'\)!:•• r? . .... l~ft· 1:<::\~·' ,.,. """' .... "' ,.,.=?" " ·~-5-:-.!~ I 1111~Jr.,~~~:·l 1 fl,\~Hr'lf.IUH~IMIH~,,.11:rw•~~.11111 Raceplian~: 882621 09/29/2016 12:22:38 PM Jean Alberico 35 ar 49 Rae Fae:S251 .DD Dae Fee :D.00 GARFIE~D COUNTY CO 9/1/2016 Attention : Ron Norman-PMGC 2 LLC Regarding Appraisal of Pinyon Mesa PUD: Filing II EXHIBITB As per your engagement, I have completed an Appraisal analysis of the lndMdual site values within Plnyon Mesa PUD: Flllng II. Scope of work Includes site visitation, with review of the Final Plat, clearly depicting lots 49·80. (32 lots within Flung 2). -The 32 lots-were found to be generany consistent In size, ranging from .25·.35 acras each. Thara Is not found to be a slgnillcant difference In values due to fol size variances. -The primary lnfiuence on value differences between sites in Filing 2 is found lo be due to differing view factors. Due to the siting and topography of the master parcel, rots within Filing 2 are found to have above average views, superior lo Pinyon Mesa Fillng 1. A portion of lhe lots located on PJnyon Mesa Dr. will have superior ML Sopris views. ·Although vacant land market condlllons have continued to improve, there Is still found to be significant inventory of vacant sites avallable In the market area. Competing projects include lronbridge, Elk SpringsJLos Amigos, Springridgef Springridge Reserve, as well as remaining sites In Plnyon Mesa FU!ng 1. While each of these project have differences In location, view, site size, and overall market appeal from tho subject project/phase, they are round to compete with the subject project In the rural Glenwood Springs market -Generally, the rower end of Iha value range reflects the lesser view lots, which are located on Palnlbrush Way, with upper Uer lots being the superior view sites located on Pinyon Mesa Dr. At the time of site Inspection, exact boundaries of indMdual sites were not clearly marked. There was found to be sufficient survey marl<era lo show general location of streets and lot locations. Review or recant sales and listings that have occurred throughout the greater market area Indicates a range of value between $110,000-$150,000 for the vacant sites within Plnyon Masa Filing II, as of 9/1/2016. This is a "subject to completion• value, assuming Individual subdivided lots with infrastructure In place as shown in the Final Plat Any significant changes In sites or infrastructure from what Is depicted has the potenUel to Impact value and marketability. Feel free to contact me with any questions, Gregory A Forbes Certified Resldentlat Appraiser# CR 40045731 North Fork Appraisal Services 17411 Highway 82, carbondale CO 81623 970-379-8212 I , EXHIBITC AGREEMENT RESTRICTING TRANSFER OF LOTS THIS AGREEMENT RESTRICTING TRANSFER OF LOTS ("Agreement") is entered into this __ day of 2016 by PMGC 2, LLC, a Texas limited liability company, whose address is 6300 Ridglea Place, Suite 900, Fort Worth, TX 76116, ("Owner'') and the Board of County Commissioners of Garfield County, Colorado ("County"). RECITALS WHEREAS, Owner is the owner and developer of Phase II of the Pinyan Mesa subdivision, consisting of approximately 33.798 acres of real property which is legally described in that certain Warranty Deed recorded May 24, 2016 as Reception No. 877562 ("Subdivision"); and WHEREAS, a final subdivision plat for the Subdivision was approved by the County and recorded on as comprising thirty-two (32) single-family residential lots on the Property ("Subdivision"); and WHEREAS, Owner and County entered into a Subdivision Improvements Agreement dated and recorded as Reception No. _____ "SIA" which required Owner to provide security in an amount equal to the cost of the public improvements to be compJeted in the Subdivision; and WHEREAS, the Garfield County Land Use and Development Code permits an applicant to provide security in the form of a restriction on conveyance of certain lots within the Subdivision; and WHEREAS, Owner desires to enter into this Agreement to provide the County with adequate security for the Improvements as defined in the SIA. NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, the parties agree as follows: ARTICLEl RESTRICTION ON TRANSFER 1.1 Transfer Restriction. Owner shall be prohibited from a Transfer of any portion of the real property described on Exhibit A ("Lots") until this Agreement is terminated by the parties as set forth herein and in the SIA. For pW'poses of this Agreement, the following events shall be referred to herein as a 'Transfer": (i) a transfer or conveyance of title (or any portion thereof, legal or equitable) of the Lots (or any part thereof or interest therein), (ii) the execution of 1111 WJr.111)•~i1 1t7\1 rWKl\U,IJ~ \VJ~~'M)' rM~IW. 11111 ReceptlcnU : 882621 0912012016 12 :22 :38 PM Je~n Alberico 37 or 49 Rec Fee :S25t .00 Doc Fee :0 .00 GARFIELD COtJNTY CO a contract or agreement creating a right to title (or any portion thereof, legal or equitable) in the Lots, including a contract for purchase of the Lot (or any part thereof or interest therein), (iii) or an agreement granting a possessory right in the Lot (or any portion thereof), (iv) a sale or transfer of, or the execution of a contract or agreement creating a right to acquire or receive, more than fifty percent (503) of the controlling interest or more than fifty percent (503) of the beneficial interest in the Owner, (v) the reorganization, liquidation or dissolution of the Owner. 1.2 Remedies. In the event of a Transfer, and at the election of BOCC, the BOCC may immediately seek an injunction against such Transfer and may otherwise take actions to enforce the terms of the SIA. 1.3 Release. Upon completion of all Improvements required by the SIA, and upon request by Owner, the County shall enter into an agreement releasing this Agreement as set forth in the SIA. Upon the recordation of such release, this Agreement shall no longer encumber the Lots . 1.4. Other Lots Within Subdivision. This Agreement only encumbers the Lots, as specifically described above, and does not encumber any other portion of the Subdivision. ARTICLE2 GENERAL PROVISIONS 2.1. Notices. All notices and demands required or permitted under this Agreement shall be in writing as follows: (1) by actual delivery of the notice to the party entitled to receive it; (2) by mailing such notice by certified mail, return receipt requested, in which case the notice shall be deemed to be given three days after the date of its mailing; or (3) by Federal Express or any other overnight carrier, in which case the notice shall be deemed to be given as of the date it is sent. All notices which concern this Agreement shall be sent or delivered, as the case may be, to the address of the appropriate party as set forth below, except if changed by a party by notice pursuant hereto: If addressed to Owner: PMGC2, LLC c/o Ronald Norman, Manager 265 Ponderosa Pass Carbondale, CO 81623 With a copy to: Balcomb & Green, P.C. 1111 W}P.1t"J1~'"'~~.N·.'.~~.l:•r ~ftl1'1UU.~~N~t.~ i·.~ 11111 Re~eptionn : 882621 09120/2016 12 :22:38 P" Joan Alberico 38 of 49 Rae Fee:S251 .00 Doc Foe :0.00 GARFIELD COUNTY CO Attn: Chad J. Lee, Esq. P .O. Drawer 790 Glenwood Springs, CO 81601 clee@balcombgreen.com If to County: Garfield County Commissioners 109 8th Street, Suite 213 Glenwood Springs, CO 81601 2.2 Choice of Law. This Agreement and each and every related document are to be governed and construed in accordance with the laws of the State of Colorado. 2.3 Waiver. No claim of waiver, consent or acquiescence with respect to any provision of this Agreement shall be valid against any party hereto except on the basis of a written instrument executed by the Parties to this Agreement. However, the party whose benefit a condition is inserted herein shall have the unilateral right to waive such condition. 2.4 Binding Nature. This Agreement shall constitute a covenant running with the title to the Lots as a burden thereon, for the benefit of, and enforceable by, the County. 1111 WJP_.t'J-~,l·N)'.IH'tl•'*lf ~~~h: '~l.'W'IM~f K'li·~1 11111 Re~epllan~: 882621 0912012016 12:22:38 PM Ja~n Albarlco 39 of 49 Rec Foe:$251 .00 Doc Fee :0.00 GARFIELD COUNTY CO IN WITNESS WHEREOF, the parties hereto have executed this Deed Restriction on the day and year first written above. OWNER: PMGC2, LLC, a Texas limited liability company By=------~-------- Ronald Norman, Manager STATE OF COLORADO ) ) SS. COUNTY OF __ ) The foregoing instrument was acknowledged before me ------·' 2016, by Ronald Norman, Manager of PMGC 2, LLC, a Texas limited liability company. WITNESS my hand and official seal. My commission expires: --------- BOARD OF COUNTY COMMISSIONERS FOR THE COUNTY OF GARFIELD, STATE OF COLORADO Notary Public By: ------------~~ Print Name: Title: Chairman ATIEST: Jean Alberico, Clerk and Recorder Garfield County, Colorado 1111 IJPJN~~rlM.~ 11'11? h1'J' ~h~i Jf l~11 Ir ,N Wll i 11i1 11111 Reception~: 882621 09/2012016 12:22:38 P~ J•an Alberico 40 of 49 Rec Fea:$251.00 Doc FH:O.OQ GARFIELD COUNTY CO EXHIBIT A LEGAL DESCRIPTION LOTS 49~ PINYON MESA FILING 2, ACCORDING TO THE PLAT THEREOF RECORDED p~ '6 AS RECEPTION NO. 8 B Z t:,2.L) IN THE RECORDS OF G RFI D COUNTY, COLORADO. Owner: PMGC 2, LLC GARFIELD COUNTY TREASURER'S DEPOSIT AGREEMENT Pinyon Mesa Phase 2 REVEGETATION THIS 2016 GARFIELD COUNTY TREASURER'S DEPOSIT AGREEMENT-PINYON MESA PHASE 2 REVEGETATION ("Deposit Agreement") is entered into by and between the Garfield County Board of County Commissioners ("BOCC" or nbeneflciary''), the Garfield County Treasurer, Karla Bagley (''Treasurer"), and PMGC 2, LLC ("Owner"). Recitals The BOCC approved the Owner's Application for a Grading Permit for the Plnyon Mesa Phase 2 pursuant to Permit Number _______ . The Grading Permit requires provision of "Security for Revegetation" and Owner wishes to deposit good funds for such security. The BOCC Is willing to allow Owner's use of a Garfield County Treasurer's Deposit Agreement as such financial assurance. The Treasurer is willing and able to hold such funds In accordance with the Treasurer's statutory duties outlined in C.R.S. §§ 30-10-701, et seq. and 30-1-102, as amended. Agreement NOW THEREFORE, In consideration of the foregoing Recitals, the parties agree as follows: 1. Plnyon Mesa Phase 2 Revegetation Treasurer's Account. Owner shall deposit with the Treasurer the sum of Twelve Thousand, Five Hundred Dollars ($12,SOO.OO) to secure revegetatlon as required in the Grading Permit. In consideration of the service fee payable to the Treasurer, identified in Paragraph 2, below, the Treasurer shall place the funds In an interest bearing account and disburse funds there from in accordance with the terms ofthls Deposit Agreement. Such account shall be known as the "Plnyon Mesa Phase 2 Revegetatlon Treasurer's Account" and shall be subject to the terms and conditions of this Deposit Agreement. 2. Treasurer's Service Fee. The Treasurer's service fee shall be, In accordance with C.R.S. § 30-1-102(1)(c), as amended, one percent (1.0%) of the deposited funds, I.e., One Hundred and Twenty-Five Dollars ($125.00). The service fee covers administrative costs Incurred by the Treasurer in distributing and accounting for the Pinyon Mesa Phase 2 Revegetation Treasurer's Account. Such fee shall be paid by Owner In cash or by check made payable to the Garfield County Treasurer, as identified In the "Receipt" section of this Deposit Agreement (page 5), on or before the date of execution of this Deposit Agreement. The service fee is deemed to be earned by the Treasurer upon execution of this Deposit Agreement. Interest earned on the Plnyon Mesa Phase 2 Revegetatlon Treasurer's Account shall be paid to Owner as part of the single disbursement detalled in Paragraph 3, below. The Treasurer shall thereafter provide to Owner a report of interest earned, as required by state and federal tax law. Owner shall provide a completed Form W-9 to the Treasurer at the time the deposit is made. 3. Disbursement Procedure. Disbursement from the Pinyon Mesa Phase 2 Revegetation Treasurer's Account shall be made by the Treasurer upon the written direction of the BOCC, as follows: a. Request for Review and Approval. Upon complying with the two-year revegetation requirement, Owner shall obtain written approval from the Garfield County Vegetation Management Department of the required revegetation work. b. Deficiencies. If the Garfield County Vegetation Management Department refuses approval of the success of revegetation, the Garfield County Vegetation Management Department shall provide written notice of deficiency In substantial compliance with the provisions of the Grading Permit and Owner shall correct the identified deficiencies. c. Single Request for Disbursement. This Deposit Agreement does not provide for successive partial releases or disbursements from the Pinyan Mesa Phase 2 Revegetatlon Treasurer's Account. One (1) final disbursement shall be requested by Owner, upon completion of Revegetation. Owner specifically recognizes and agrees that partial releases are not allowed. d. Request for Disbursement/Release. Owner shall request disbursement by means of a written "Request for Disbursement," addressed to the BOCC and delivered to the Garfteld county Building and Planning Department. The Request for Disbursement shall be accompanied by an approval statement from the Garfield County Vegetation Management Department. e. BOCC's Acknowledgment and Direction. Upon review of the submittals required by Paragraph 3.D., above, if the BOCC approves the statement from the Garfield County Vegetation Management Department, the BOCC shall Issue its "Acknowledgment of Satisfaction and Direction to Treasurer", in a form substantially similar to that document attached to and Incorporated herein by reference as "Exhibit A". f. BOCC's Completion of Revegetatlon. If, in the sole discretion of the BOCC, the Owner's revegetation success is deemed unsatisfactory within the period of time defined In Paragraph 4, below, or If the BOCC determines that Owner will not or cannot complete the revegetation under the Grading Permit, the BOCC may withdraw and employ from the Pinyan Mesa Phase 2 Revegetation Treasurer's Account such funds as may be necessary to carry out the revegetatlon. If funds are Inadequate, responsiblllty to complete remaining Revegetatlon shall be that of the Owner, not the BOCC. If the BOCC elects to complete the Owner's revegetatlon work, eKpenditure on the effort shall be no more than the prlnclpal amount of the Plnyon Mesa Phase 2 Revegetation Treasurer's Account, plus Interest, If Interest is due Owner. If the cost of the revegetatlon to the BOCC Is less than the amount available, the BOCC shall return the overage to Owner within a reasonable period oftime following completion by the BOCC. 1111 W,1P.1t'llr. .. tjl~ lt\~~.t~inJJH/I ;rtilt!l'dMW.1.i 11111 Reception"; 882621 09/20/2016 12:22:38 PM Jean Alberico 43 or 49 Rec Fae :$251 .00 Doc Fee :0 ,00 GRRFIELO COUNTY CO 4. Term. The term of this Deposit Agreement shall begin on the date of execution, as defined below, and end on or before two years following approval of the Grading Permit. If Owner has failed to complete the Revegetation within this term, all funds held under this Agreement shall continue to be maintained by the Treasurer until needed for completion of revegetation by the BOCC under Paragraph 3.F. 5. Waiver, Consent and Indemnity. Owner consents to the disbursement procedure and other actions authorized and provided for by the terms of this Deposit Agreement. Owner waives any claim against the BOCC, the Treasurer, their officers, employees, agents, and contractors, on account of each of their good faith performance of their obligations under this Deposit Agreement. Owner shall defend, indemnify and hold harmless the BOCC, the Treasurer, their officers, employees, agents, and contractors from and against any claim made on account of this Deposit Agreement. 6. Indemnification of Treasurer. Owner and the BOCC each shall mutually defend Indemnify and hold the Treasurer harmless from any claim made. Owner and the BOCC each waive any clalm against the Treasurer lnvotvlng this Deposit Agreement, unless such claim is premised upon the wanton and willful misconduct of the Treasurer. 7. Binding Effect. This Deposit Agreement shall be binding on the successors and assigns of all parties and shall terminate upon final disbursement of funds held by the Treasurer in the Pinyon Mesa Phase 2 Revegetatlon Treasurer's Account. 8. Immunity. Nothing contained in this Deposit Agreement constitutes a waiver of governmental Immunity applicable to the BOCC under Colorado law. 9. No Agency. The making and execution of this Deposit Agreement shall not be deemed to create a partnership, Joint venture, or agency or fiduciary relationship among the parties. 10. Integration. This Deposit Agreement constitutes the entire agreement among the parties pertaining to the method of deposit and disbursement of the Pinyon Mesa Phase 2 Revegetatlon Treasurer's Account. No supplement, modlflcatlon or amendment of this Deposit Agreement, other than changes as to notice Information, shall be binding unless executed in writing In a document of equal formality as this Deposit Agreement. 11. Notices. Any notice required or permitted by this Deposit Agreement shall be given In writing and shall be effective upon the date of delivery, or attempted delivery If dellvery Is refused. Delivery shall be made in person, or by certified return receipt requested U.S. Mail or receipted delivery service to: BOCC c/o Community Development Department attn: Director 108 am Street, 4m Floor Glenwood Springs, CO 81601 Garfield CountvTreasurer Karla Bagley 109 slh Street, Suite 204 Glenwood Springs, CO 81601 Owner: PMGC2, LLC c/o Ronald Norman, Manager 265 Ponderosa Pass Carbondale, CO 81623 With a copy to: Balcomb & Green, P .c. Attn: Chad J. Lee, Esq. P .o. Drawer 790 Glenwood Springs, co 81601 clee@balcombgreen.com Changes in address, phone number and identity of contact person(s) shall be made in writing, and may be made without formal amendment of this Deposit Agreement. WHEREFORE, the parties have caused this Deposit Agreement to be effective on the date of execution by the BOCC, as beneficiary, noted below. ATIEST: Clerk to the Board BENEFIOARV: BOARD OF COUNTY COMMISSIONERS GARFIELD COUNTY, COLORADO By: _________ _ John Martin, Chairman Date: __________ _ DEPOSIT HOLDER: GARFIELD COUNTY TREASURER By: _______ _ Karla Bagley, Treasurer Date: ______ _ 1111 W/PJt'i'i\Jil{\1~~1 rir1~•U'1,~ g k~UrMl~J( r~l MM. II II I Raception~: 882621 09/20/2016 12:22 ~38 PM Jean Alberico 45 or 49 Rec Fee t 5251.00 Doc Fee:0.00 CARFlELD COUNTY CO DEPOSITOR/OWNER : PMGC 2, LLC By: Ronald Norman, Manager Date:-------- State of Colorado ) )ss. County of Garfield ) Subscribed and sworn to before me this_ day of ____ ___, 2016, by Witness my hand and official seal. My Commission expires: _____________ _ RECEIPT Check No. ______ _,· or cash _______ _ Form W-9: ------ Received By: _________ _ Print Name:-------- Title: _________ _ Office of the Treasurer Date:. __________ _ Form 1099 shall be sent to: Notary Public 1111 w,1r.1t\\1'r.,1~~\~rl,.~rH~ iDPJ.U~!'r1P. '•>l~iWi 11111 Reception~: 882621 09/2012016 12 ·22 :38 PM Jean Alberico 46 of 49 Rec Fee:S251 ,00 Doc Fee :0.00 GARFIELD COUNTY CO Exhibit A ACKNOWLEDGMENT OF SATISFACTION AND DIRECTION TO TREASURER TREASURER'S DEPOSIT AGREEMENT Recitals 1. [a Colorado ______ _, {an individual], entered into a 20_ Garfield County Treasurer's Deposit Agreement with the Board of County Commissioners of Garfield County, Colorado ("BOCC") and the Treasurer of Garfield County, Colorado ("Treasurer") dated and recorded on as Reception Number of the Real Estate Records of the Garfield County Clerk and Recorder ( "Deposit Agreement''). 2. has presented certification to the BOCC from a licensed engineer that construction of Improvements is final and/or written approval from the Garfield County Vegetation Manager that revegetation Is successful related to Grading Permit number _____ _ Acknowledgment NOW THEREFORE, at the request of and In consideration of the premises and the prior agreements contained in the Deposit Agreement the BOCC hereby: 1. acknowledges full satisfaction of the security requirements of the Grad i ng Permit; 2. authorizes disbursement of funds from the Treasurer's Account In the amount of$ resulti ng in a rema ining balance of $_-=0-_ ___, 3. authorizes and directs the Treasurer to release the funds held in the Treasurer's Account to an authorized representative of ATTEST: Clerk to the Board BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO By: John Martin, Chairman Date: ___________ _ EXHIBITE REQUEST FOR PARTIAL RELEASE OF TRANSFER RESTRICTION Board of County Commissioners Garfield County, Colorado c/o Director of Community Development 108 g•h Street, Suite 401 Glenwood Springs, CO 81601 RE: Pinyon Mesa Subdivision Phase 2 This request Is written to formally notify the BOCC of work completed for Pinyon Mesa, Phase 2. As Owner [On behalf of the Owner], we request that the BOCC review the attached Engineer's Certificate of Partial Completion and approve a partial release of the Restrlcttve Covenant of lots __ _,which equals a reduction In the face amount of the amount secured by the Restrictive Covenant in the amount of$ --------~· Attached Is the certified original cost estimate and work completed schedule, showing: Engineers Cost Estimate work Completed, less 10% Reduced Face Amount of LOC Based on periodic observation and testing, the construction has been completed, to date, in accordance with the Intent of the plans and specifications that were reviewed and approved by the BOCC's representatives and referenced In Paragraph 2 of the Subdivision Improvements Agreement between the BOCC and the Owner. If further Information Is needed, please contact __________ _, at----- Owner or Owner's Representative/Engl neer EXHIBITF REQ.UEST FOR FINAL RELEASE OF TRANSFER RESTRICTION Board of County Commissioners Garfield County, Colorado c/o Director of Building and Planning 108 8111 Street, Suite 401 Glenwood Springs, CO 81601 RE: Pinyan Mesa Subdivision Phase 2 This request is written to formally notify the BOCC of work completed for Pinyan Mesa, Phase 2. As Owner [On behalf of the Owner], we request that the BOCC review the attached Engineer's Certificate of Completion and approve a full release of the Restrictive Covenant In the amount of $~~~~~~~- Attached is the certified original cost estimate and work completed schedule, showing that at\ improvements required by the Improvements Agreement and secured by the Restrictive Covenant have been completed. Also enclosed are the following, required by the Improvements Agreement dated between Owner and the BOCC, recorded at Reception No. at the Real Estate Records of the Garfield County Clerk and Recorder (the "SIA"): 1. record drawings bearing the stamp of Owner's Engineer certifying that all Improvements have been constructed In accordance with the requirements of the SIA, both in hand copy and digital format acceptable to the BOCC; and 2. copies of instruments conveying real property and other interests which Owner was obligated to convey to the homeowners association or other entity at the time of final Plat Approval. If further information is needed, please contact ____________________ _,at __ ~~~- If you agree that the Restrictive Covenant should be fully released, please complete a request for full release of the Restrictive Covenant to the Garfield County Trustee and return the same to me. Owner or Owner's Representative/Engineer llll WJP_,rl'f ~1r-1\~ DWrillr1Llr'tl Uf If~ 11.,M~'rllliYJ. II II l Reception~: 882621 0912012016 12:22 ,38 Pn Jean Alberico 49 of 49 Rao Fee ;$261.00 Doo Fee:0.00 GARFt SLD CO UN TY CO EXHIBITG PINVON MESA FILING 2 SUBDIVISION IMPROVEMENTS AGREEMENT NOTICE REGARDING BUILDING PERMITS AND CERTIFICATES OF OCCUPANCY TO: ALL PURCHASERS OF HOME SITES WITHIN PINYON MESA FILING Z YOU ARE HEREBY NOTIFIED under applicable Garfield County regulations, you may not commence construction of a residence within unincorporated Garfield County, including within the Pinyan Mesa Filing 2 Subdivision, prior to issuance of a building permit by Garfield County. Under the terms of the Subdivision Improvements Agreement between Garfield County and Pinyan Mesa Development, Inc., Garfield County will not issue building permits for property in Pinyan Mesa Filing 2, until: 1. The Owner/Developer has demonstrated to the satisfaction of the Carbondale Rural Fire Protection District that adequate water Is available to the construction site for the Fire District's purposes. 2. A site-specific geo-technlcal study, completed by a registered Geo-Technlcal Engineer, has been presented to the Building and Planning Department for review, along with a registered design professional's certification that the structure design is based on the site-specific study. 3. The remaining 50% of the Garfield County Road Impact Fee is paid by the party seeking the bull ding permit. Note: the owner/developer paid 50% of such fee as part of the subdivision approval process. Additionally, Garfield County will not issue Certificates of Occupancy for any structures within Pinyan Mesa Filing 2 until all of the subdivision improvements have been completed and are operational in accordance with the Subdivision Improvements Agreement between Garfield County and Pinyan Mesa Development, Inc. and until radon gas testing has been completed. Owner/Subdivider: 1111 WJP.r~'·ll~ifiMl' '.W•l.lt.} ~acr1:~M~~ll~~J~~i\1i 11111 Rcceptiantt: 882614 09/2U/2016 11 :38 •61 Al'I Jaan Alberico t of 6 Rec Fe•:$3&,00 Oc:c Fee r0 .00 G~FIELD COUNTY CO ·-· -• 1 . ·-..:;; -_:, ~ . • ! ~ l~~ ~~' ~.::..-::,. 1 ~ \ GARFIELD COUNTY TREASURER'S DEPOSIT AGREEMENT ·:··;?·1 • • . :~ '·· Pfnyon Mesa Phase 2 REVEGETATION $'• .... ;· . ··• : . Owner: PMGC 2, I.LC THIS 2016 GARFIELD COUNTY TREASURER'S DEPOSIT AGREEMENT -PINYON MESA PHASE 2 REVEGETATION ("Deposit Agreement'') is entered into by and between the Garfield County Board of County Commissioners ("BOCC" or "beneficiary"), the Garfield County Treasurer, Karla Bagley · (''Treasurer"), and PMGC 2, LLC ("Owner''J. Whereas, the BOCC approved the Owner's application to conduct grading and construct certain improvements within the Pinyon Mesa Subdivision, Phase 2 pursuant to that certain Su~ion Improvement Agreement between the Owner and the BOCC recorded as Reception No. 8 P..2/"'SIA.). Whereas, the SIA requires provision of "Security for RevegetationH and Owner wishes to deposit good funds for such security. Whereas, the BOCC Is willing to allow Owner's use of a Garfield County Treasurer's Deposit Agreement as such financial assurance. Whereas, the Treasurer is willing and able to hold such funds In accordance with the Treasurer's statutory duties outlined in C.R.S. §§ 30-10 -701, et seq. and 30-1-102. Agreement . NOW THEREFORE, in consideration of the foregoing Recitals, the parties agree as follows : 1. Pinyon Mesa Phase 2 Revegetation Treasurer's Account. owner shall deposit with the Treasurer the sum ofTwelve Thousand, Five Hundred Dollars ($12,500.00) to secure revegetation as required in the Grading Permit. In consideration of the service fee payable to the Treasurer, identified in Paragraph 2, below, the Treasurer shall place the funds In an Interest bearing account and disburse funds there from in accordance with the terms of this Deposit Agreement. Such account shall be known as the "Pinyon Mesa Phase 2 Revegetatlon Treasurer's Account" and shall be subject to the terms and conditions of this Deposit Agreement. 2. Treasurer's Service Fee. The 'Treasurer's service fee shall be, in accordance with C.R.S. § 30-1-102(l)(c), as amended, one percent (1.0%) of the deposited funds, I.e., One Hundred and Twenty-Five Dollars ($125.00). The service fee covers administrative costs Incurred by the Treasurer in distributing and accounting for the Pinyon Mesa Phase 2 Revegetation Treasurer's Account. Such fee shall be paid by Owner In c"sh or by check made payable to the Garfield County Treasurer, as identified In the "Receipt" section of this Deposit Agreement (page 5), on or before the date of execution of this Deposit Agreement. The service fee is deemed to be earned by the Treasurer upon execution of this Deposit Agreement. Interest eamed on the Pinyan Mesa Phase 2 Revegetation Treasurer's Account shall be paid to Owner as part of the single disbursement detailed in Paragraph 3, below. The Treasurer sha ll thereafter provide to Owner a report of interest earned, as 1111 WJrJ~.M~ftPll~ l111Jr.IL'-M1K'M'~M~ [Kl ~L~rll?J. 1111 Reception#: 882614 09/20/2016 11:38:51 R" Joan Rlbe~ica 2 or 6 Rec Fea:S36.00 Doc Fee:0.00 GARFIELD COUNTY CO required by state and federal tax law. Owner shall provide a completed Form W-9 to the Treasurer at the time the deposit is made. 3. Disbursement Procedure. Disbursement from the Pinyan Mesa Phase 2 Revegetatlon Treasurer's Account shall be made by the Treasurer upon the written direction of the BOCC, as follows: a. Request for Review and Approval. Upon complying with the two-year revegetatlon requirement, Owner shall obtain written approval from the Garfield County Vegetation Management Department of the required revegetation work. b. Deficiencies. If the Garfield County Vegetation Management Department refuses approval of the success of revegetation, the Garfield County Vegetation Management Department shall provide written notice of deficiency in substantial compliance with the provisions of the Grading Permit and Owner shall correct the identified deficiencies. c. Single Request for Disbursement. This Deposit Agreement does not provide for successive partial releases or disbursements from the Pinyon Mesa Phase 2 Revegetation Treasurer's Account. One (1) final disbursement shall be requested by Owner, upon completion of Revegetation. Owner specifically recognizes and agrees that partial releases are not allowed. d. Request for Disbursement/Release. Owner shall request disbursement by means of a written "Request for Disbursement," addressed to the BOCC and delivered to the Garfield County Building and Plannlng Department. The Request for Disbursement shall be accompanied by an approval statement from the . Garfield County Vegetation Management Department. e. BOCC's Acknowledgment and Direction. Upon review of the submittals required by Paragraph 3.D., above, if the BOCC approves the statement from the Garfield County Vegetation Management Department, the BOCC shall Issue Its "Acknowledgment of Satisfaction and Direction to Treasurer", In a form substantially similar to that document attached to and Incorporated herein by reference as "Exhibit K. f. BOCC's Completion of Revegetation. If, In the sole discretion of the BOCC, the Owner's revegetation success Is deemed unsatisfactory within the period of time defined In Paragraph 4, below, or if the BOCC determines that Owner will not or cannot complete the revegetation under the Grading Permit, the BOCC may withdraw and employ from the Plnyon Mesa Phase 2 Revegetatlon Treasurer's Account such funds as may be necessary to carry out the revegetation. If funds are Inadequate, responsibility to complete remaining Revegetation shall be that of the Owner, not the BOCC. If the BOCC elects to complete the Owner's revegetatlon work, expenditure on the effort shall be no more than the principal amount of the Pinyon Mesa Phase 2 Revegetation Treasurer's Account, plus Interest, If Interest ls due Owner. If the cost of the revegetation to the BOCC Is Jess than the amount available, the BOCC shall return the overage to Owner within a reasonable period of time following completion by the BOCC. 1111 11~r;t11\"f MJ\l~•.M:iJ·J-J m ~.'l~l',m1r.1W111W. 11111 Roceplionn: 882614 09/20/2016 11 :38 :51 Al'I Jean Alberico 3 of 6 Rec Fee:S36 .00 Doc Fea:0 .00 GARFIELD COUNTY co 4. Term. The term of this Deposit Agreement shall begin on the date of execution, as defined below, and end on or before two years following approval of the Grading Permit If Owner has failed to complete the Revegetation within this term, all funds held under this Agreement shall continue 'to be maintained by the Treasurer until needed for completion of revegetatlon by the BOCC under Paragraph 3.F. 5. Waiver, Consent and Indemnity. Owner consents to the disbursement procedure and other actions a uthorlzed and provld ed for by the terms of this De posit Agreement. Owner waives any claim against the BOCC, the Treasurer, their officers, employees, agents, and contractors, on account of each of their good faith performance of their obligations under this Deposit Agreement. Owner shall defend, indemnify and hold harmless the BOCC, the Treasurer, their officers, employees, agents, and contractors from and against any clalm made on account of this Deposit Agreement 6. Indemnification ofTreasurer. owner and the BOCC each shall mutually defend indemnify and hold the Treasurer harmless from any claim made. Owner and the BOCC each waive any claim against the Treasurer involving this Deposit Agreement, unless such claim ls premised upon the wanton and willful misconduct of the Treasurer. 7. Binding Effect. This Deposit Agreement shall be binding on the successors and assigns of all parties and shall terminate upon final disbursement of funds held by the Treasurer In the Pinyon Mesa Phase 2 Revegetatlon Treasurer's Account. 8. Immunity. Nothing contained In this Deposit Agreement constitutes a waiver of governmental immunity applicable to the BOCC under Colorado law. 9. No Agency. The making and execution of this Deposit Agreement shall not be deemed to create a partnership, joint venture, or agency or fiduciary relationship among the parties. 10. Integration. This Deposit Agreement constitutes the entire agreement among the parties pertaining to the method of deposit and disbursement of the Pinyan Mesa Phase 2 Revegetation Treasurer's Account . No supplement, modification or amendment of this Deposit Agreement, other than changes as to notice Information, shall be binding unless executed In writing In a document of equal formality as this Deposit Agreement. 11. Notices. Any notice required or permitted by this Deposit Agreement shall be given In writing and shall be effective upon the date of delivery, or attempted delivery if delivery Is refused. Delivery shall be made In person, or by certified return receipt requested U.S. Mall or receipted delivery service to: BOCC c/o Community Development Department attn: Director 108 gth Street, 41t1 Floor Glenwood Springs, CO 81601 Garfield County Treasurer Karla Bagley 109 8111 Street, Suite 204 Glenwood Springs, CO 81601 1111 JNf_,,M·h~" MU. r~~ t~il· ~~t~Ji~~1.r11r~·,w.w. 1111 1 Receplionn: 882614 09/20/2016 11 :39 :51 Al1 Jean Alberico 4 or 6 Rec Fee :S36 .00 Doc Fco :0.00 GARFIELD COUNTY CO Owner: PMGC2, lLC c/o Ronald Norman, Manager 265 Ponderosa Pass Carbondale, CO 81623 With a copy to: Balcomb & Green, P.C. Attn: Chad J. Lee, Esq. P.O. Drawer 790 Glenwood Springs, CO 81601 clee@balcombgreen.com Changes in address, phone number and Identity of contact person(s) shall be made in writing, and may be made without formal amendment of this Deposit Agreement. WHEREFORE, the parties have caused this Deposit Agreement to be effective on the date of e>Cecutlon by the BOCC, as ben clary, noted below. AlTEST: Date: c; -J ti -;;.o J l, Date: %0.At.e 1111w1P .. ~1f1 ~M1~~r"~~~1i1~~J:1~~.~~,11~Jt1'.1W.11111 Reception~: 882614 09120/2016 11:38:51 RM Jean Albarlco 5 of 6 Rec Fee:S36.00 Doc FeQ:0.00 GARFIELD COUN1Y CO DEPOSITOR/OWNER: PMGC 2, LI: fl / ~~~~ Date: W'"6 State of Colorado ) )ss. County of Garfield ) Witness my hand and official seal. My Commission expires: ------.....,.,.....---,..-,.....-.1-- RECEIPT Check No. _____ __,· or Cash _______ _ Form W-9: ------ Received By: _________ _ Print Name:-------- Title: _________ _ Office of the Treasurer Date:. _________ _ Form 1099 shall be sent to: JTIJ.CHOATE NOTARY PUBLIC STATE OF COLORADO NOTARY ID #19974007655 t.J~~Ccmmlsslon Expires July 1, 2017 1111 WJ~JW1kW 1\1~ ~.II \"i'JP.Ml~ll.~N41l~.'il1Wi ii Ill Reception#: 882614 09/20/2016 11:39:61 Al'! Jean Alberico 6 of 6 Rec Feo :S36 .00 Dae Fee :S.00 GARFIEl..O COUNTY CO Exhibit A ACKNOWLEDGMENT OF SATISFACTION AND DIRECTION TO TREASURER TREASURER'S DEPOSIT AGREEMENT Recitals 1. [a Colorado ______ _. [an individual], entered into a 20 __ Garfield County Treasurer's Deposit Agreement with the Board of County Com missioners of Garfield County, Colorado ( n BOCC'') and the Treasurer of Garfield County, Colorado (''Treasurer'') dated and recorded on as Reception Number of the Real Estate Records of the Garfield County Clerk and Recorder ( "Deposit Agreement"). 2. has presented certification to the BOCC from a licensed engineer that construction of Improvements is final and/or written approval from the Garfield County Vegetation Manager that revegetatlon ls successful related to Grading Permit number _____ _ Acknowledgment NOW THEREFORE, at the request of and in consideration of the premises and the prior agreements contained In the Deposit Agreement the BOCC hereby: 1. acknowledges full satisractlon of the security requirements of the Grading Permit; 2. authorizes disbursement of funds from the Treasurer's Account in the amount of$ resulting in a remaining balance of $_-..... 0 · __ 3. authorizes and directs the Treasurer to release the funds held in the Treasurer's Account to an authorized representative of ATTEST: Clerk to the Board BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO By: John Martin, Chairman Date: __________ _