HomeMy WebLinkAbout1.02 Supplmental Materials50% OF ROAD IMPACT FEES FOR 32 LOTS OF
For reference when entering into NWS
Gcirreld County
REVENUE DEPOSIT FORM
TRAFFIC STUDY AREA
(AKA ROAD IMPACT FEES)
YEAR 2016 REVENUE
CASH & CHECKS
REVENUE CODE
TSA 1
TSA 10
TSA 11
TSA 2
TSA 3
TSA 4
TSA 6
TSA 8C
TSA 8D
TSA 8E
REVENUE CODE DESCRIPTION
STUDY AREA #1
TSA 8F
TSA 8G
TSA 9
BANK ACCT
STUDY AREA #10
STUDY AREA #11
STUDY AREA #2
STUDY AREA #3
STUDY AREA #4
STUDY AREA #6
STUDY AREA #8C
STUDY AREA #8D
STUDY AREA #8E
STUDY AREA #8F
STUDY AREA #8G
STUDY AREA #9
CHECKS: $ 29,858.40
RECEIVED FROM:
NEW WORLD SYSTEMS ACCT #
Fund
Dept
Sub
Dept
128
28
161
128
28
170
Acct # $ Amount
3400
128
128
128
28
28
28
171
162
163
128
28
164
128
28
166
3400
3400
3400
3400
$29,858.40
3400
CASH: $
128
128
128
128
128
128
28
28
28
28
28
28
168
168
168
168
168
169
3400
3400.800
3400.804
3400.808
3400.812
3400.816
3400
29,858.40
BECKY WHEELERSBURG
DATE: SEPTEMBER 20, 2016
PINYON MESA FILING 2
PMGC 2, LLC
6300 RIDGLEA PLACE # 900
FORT WORTH, TEXAS 76116
PAY
TO THE
ORDER OF
Ataao
Southwest,
IIID Sank
D Www soulhwa5lbank cbm
FOR 5070 koact 1 mento e
1004
&41131frYj5t)
'37-75/1119
G I$2611858, 0
DOLLARS , i ,134
Receipt2016-09-20-LC-5467
Product
3
Name
Miscellaneous Receipts TDA MR
Joumal Account Name
2952-1010-000 CASH ACCOUNT
2952-3400-000 MISC REV NO FEE
3 Miscellaneous Receipts TREAS M1SC FEE
Journal Account Name
0100-1010-000 CASH ACCOUNT
0100-3420-000 TREASURER'S MISC FEE
Garfield County Treasurer
109 8th Street
Suite 204
Glenwood Springs CO 81601
PH: (970) 945-6382
Extended
$12,500.00
Reference TDA PINYON MESA GC 2, LLC
Debits Credits
$12,500.00
($12,500.00)
$125.00
Reference TDA PINYON MESA GC 2 LLC
Debits Credits
$125.00
(5125.00)
Total 512,625.00
Tender (Check) 512,500.00
Check # 1003
Payor PINYON MESA GC 2. LLC
Tender (Check) 5125.00
Check # 1006
Payor PINYON MESA GC 2 LLC
Thank You 1
TueSep 2010:43:10 MDT20161colller
1111 FritY.PI041.1IIi igliNViihtIuIN 11111
Reception#: 716948
02108/2007 04 38.23 PM B:1893 P:0363 Jean Plberico
1 of 6 Fec Fee $0.00 Doc Fee: GGRFIELD 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, December 11, 2006, there were present:
John Martin
Larry McCown
Tresi Houpt
Don DeFord
Mildred Alsdorf
Ed Green
Commissioner Chairman
, Commissioner
, Commissioner
, County Attorney
, Clerk of the Board
, County Manager
when the following proceedings, among others were had and done, to -wit:
RESOLUTION NO. 2 0 07 - 0 4
A RESOLUTION CONCERNED WITH THE APPROVAL OF A PRELIMINARY
PLAN APPLICATION FOR THE PINYON MESA SUBDIVISION IN PHASE 3 OF
THE LOS AMIGOS RANCH PLANNED UNIT DEVELOPMENT
WHEREAS, the Board of County Commissioners of Garfield County, Colorado,
received a Preliminary Plan Application from Pinyon Mesa Development, LLC to
subdivide a 60.49 -acre property (also known as Phase 3 of the Los Amigos Ranch PUD)
in to 80 high-density single family residential lots and which property is generally located
in lower Spring Valley, approximately 1 mile east of the Highway 82 / CR 114
intersection in the N I/2 of Sections 7 and 8, Township 7 South, Range 88 West of the
Sixth P.M., Garfield County; and
WHEREAS, the subject property is located in the High Density Single Family
Zone District within Phase 3 of the Los Amigos Ranch Planned Unit Development
(PUD); and
WHEREAS, on October 11, 2006, the Garfield County Planning and Zoning
Commission forwarded a recommendation of approval with conditions to the Board of
County Commissioners for the Preliminary Plan; and
WHEREAS, on December 11, 2006, the Board of County Commissioners opened
a public hearing upon the question of whether the Preliminary Plan should be granted,
granted with conditions, or denied at which hearing the public and interested persons
were given the opportunity to express their opinions regarding the issuance of said
Preliminary Plan; and
1
11111 in MK*.PitIliii,l01+1Clill NMI Alli
Reception#: 716948
02/08/2007 04:38 23 PM 8:1893 P.0364 Jean Plberico
2 of 6 Rec Fee:$0.00 Doc Fee GfRFIELD COUNTY CO
WHEREAS, the Board of County Commissioners dosed the public hearing on the
December 11, 2006 to make a final decision; and
WHEREAS, the Board of County Commissioners on the basis of substantial
competent evidence produced at the aforementioned hearing, has made the following
determination of facts:
1. That proper publication, public notice, and posting was provided as required by law
for the hearings before the Planning and Zoning Commission and before the Board of
County Commissioners.
2. That the public hearings before the Planning and Zoning Commission and the Board
of County Commissioners were extensive and complete; all pertinent facts, matters
and issues were submitted; and that all interested parties were heard at those hearings.
3. The application is in compliance with the standards set forth in Section 4:00 of the
Garfield County Subdivision Regulations of 1984. as amended.
4. That the proposed subdivision of and is in compliance with the recommendations set
forth in the Comprehensive Plan for the unincorporated areas of the County.
5. The proposed subdivision of land conforms to the Garfield County Zoning Resolution
of 1978, as amended and the provisions of the High Density Single Family zone
district in the Los Amigos Ranch PUD.
6. The proposed use is in the best interest of the health, safety, morals, convenience,
order, prosperity and welfare of the citizens of Garfield County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Garfield County, Colorado, that based on determination of facts set
forth above, the Preliminary Plan request is approved with the following conditions:
1. That all representations made by the Applicant in the application and as testimony
in the public hearings before the Planning & Zoning Commission and Board of
County Commissioners shall be conditions of approval, unless specifically altered
by the Board of County Commissioners.
2. All internal roads shall be designed to have a road surface of at least two 12 -foot
driving lanes with curb and gutter throughout the subdivision with a minimum
right of way of 50 feet. Such design of the internal road system shall be consistent
with the design proposed to the BOCC in the Preliminary Plan.
3. The length of the cul-de-sac represented as Pinyon Mesa Drive shall be allowed to
be designed, as shown, to 900 linear feet and the bulb at the end of the cul-de-sac
may remain as designed with a landscaped island in the middle.
2
1111 rd IIVAT40411ti,PElN 11111
Reception#: 716948
02/08/2007 04:38.23 PM 8:1893 P.0365 Jean Alberico
3 of 6 Rec Fee.$0.00 Doc Fee: GARFIELD COUNTY CO
4. The Applicant shall furnish a design and specifications for the secondary
emergency point at the end of Paintbrush Way that indicates the ability to handle
large / heavy emergency vehicles and methods of break -away gates or other
appropriate mechanism to deter use unless for emergency. This shall be prepared
and provided prior to final plat.
5. Applicant shall obtain a driveway access permit for both the main entrance into
the projects and for the secondary emergency access point onto CR 114 these
shall be obtained prior to final plat.
6. The Applicant shall install a stop sign at each entrance to CR 114. The signs,
posts and location shall be as required by the MUTCD (Manual on Uniform
Traffic Control Devices). An intersection sign shall be placed on both sides of the
main entrance to the subdivision alerting uphill and downhill traffic to the
entrance. The signs, posts and installation shall be as required in the MUTCD
(Manual on Uniform Traffic Control Devices).
7. Pursuant to the suggestions by the Road and Bridge Department in Exhibit M, the
Applicant may either 1) construct a right-hand turn lane should be installed on the
uphill lane to the main entrance to the subdivision and be reimbursed by the total
amount of Traffic Impact Fees required by the Development (approximately
$150,000.00) or 2) choose not to construct the improvement a only pay the Traffic
Impact Fee.
The Applicant shall pay the appropriately calculated Traffic Impact Fee for Study
Area 10 which results in a fee of approximately $149,292.00. Only half of this fee
(approximately $74,646.00) is required to be paid at Final Plat with the remaining
half to be amortized by way of individual building permits as the project develops
over time.
9. The Applicant shall cause the conveyance of the School Parcel by deed to the RE -
1 School District prior to Final Plat or pay the appropriately calculated School /
Land Dedication Fee pursuant to the Subdivision Regulations.
10. All development of this property shall follow the recommendations of the
Colorado State Forest Service as stated in their letter dated August 28,2006,
(attached as Exhibit N to the Staff report) which shall be incorporated into the
CCRs as a requirement of the BOCC particularly as they relate to lots 17-20, 36-
48, 66-72 and lots 59-65.
0 The Applicant shall pay -in -full the fire impact fee of $437 per dwelling unit to
Carbondale Fire Protection District at the time of Final Plat. (This fee shall be
S34,960.00)
12. The Applicant shall incorporate the recommendations contained in the "Wildlife
3
111'111�,4.1 1V11417N015 ,NL4, 1rIK1CPA IlithN 11111
Reception#: 716948
02108!2007 04:38 23 PM 8:1893 P:0366 Jean Alberico
4 of 6 Rec Fee $0.00 Doc Fee: GARFIELD COUNTY CO
Analysis / Impact and Mitigation Report" prepared by Rocky Mountain
Ecological Services, Inc. contained in the Application and shall be included as a
component in the CCRs.
13. Prior to Final Plat submittal. the Applicant shall meet with the DOW in order to
prepare an Elk Management Plan due to the amount of critical wintering habitat
being eliminated with development. (This was not completed.)
14. The Applicant shall cause the open space tracts to be deeded to the Homeowners
Association as part of the Final Plat.
05.The Applicant shall provide a security for revegetation in the amount to be
determined by the County Vegetation Manager (based on disturbed acreage) for
all areas to be disturbed in connection with the final plat and the obligations of
said security which security shall be incorporated into the Subdivision
Improvements Agreement. The security shall be held by Garfield County until
vegetation has been successfully reestablished according to the Reclamation
Standards in the Garfield County Vegetation Management Plan.
l 6. The Applicant shall provide a Soil Management Plan that includes 1) provisions
for salvaging on-site topsoil, 2) a timetable for eliminating topsoil and/or
aggregate piles, and 3) a plan that provides for soil cover if any disturbances or
stockpiles will sit exposed for a period of 90 days or more. The Applicant shall
prepare this plan to be submitted with the final plat documents so that the County
can review prior to final plat approval.
17. The Applicant shall follow all of the recommendations provided in the
geotechnical analysis prepared by HP Geotech (reports in the Application and
Exhibit S to the Staff Report) as well as the follow the recommendations provided
by the Colorado Geologic Survey in their letter dated August 30, 2006 also
attached as Exhibit J to the staff report).
18. All easements of record shall be shown on the Final Plat.
19. The Applicant shall include the six points provided in the letter from the Bureau
of land Management dated August 22, 2006 (and attached to the Staff report as
Exhibit P) in the CCRs to place residents in the PUD on notice of these issues.
The CCRs shall be provided as part of the Final Plat submittal.
20. The following plat notes shall he placed on the final plat.
a. "Control of noxious weeds is the responsibility of the property owner."
h. "One (1) dog will he allowed for each residential unit and the dog shall he
required to he confined within the owners property boundaries."
e. "No open hearth solid fuel fireplaces will be allowed anywhere within the
4
1111 Fhl III
Reception$: 716948
02/0812007 04.38:23 PM B 1893 P 0367 Jean Alberico
5 of 6 Rec Fee.$0.00 Doc Fee. GARFIELD COL'tdrY CO
subdivision. One (1) new solid fuel burning stove as defied by C.R.S. 25-7-
401, et. seq., and the regulations promulgated thereunder, will be allowed in
any dwelling unit. All dwelling units will he allowed an unrestricted number
of natural gas burning stoves and appliances".
d. No further subdivision shall be allowed of a subdivided lot."
e. "All exterior lighting shall be the minimum amount necessary and that all
exterior lighting be directed inward and downward, towards the interior of
the subdivision, except that provisions may be made to allow for safety
lighting that goes beyond the property boundaries".
f "Colorado is a "Right -to -Farm" State pursuant to C.R.S. 35-3-101, et seq.
Landowners, residents and visitors must be prepared to accept the activities,
sights, sounds and smells of Garfield County's agricultural operations as a
normal and necessary aspect of living in a County with a strong rural
character and a healthy ranching sector. Those with an urban sensitivity may
perceive such activities, sights, sounds and smells only as inconvenience,
eyesore, noise and odor. However, State law and County policy provide that
ranching, farming or other agricultural activities and operations within
Garfield County shall not be considered to be nuisances so long as operated
in conformance with the law and in a non -negligent manner. Therefore, all
must be prepared to encounter noises, odor, lights, mud, dust, smoke
chemicals, machinery on public roads, livestock on public roads, storage and
disposal of manure, and the application by spraying or otherwise of chemical
fertilizers, soil amendments, herbicides, and pesticides, any one or more of
which may naturally occur as a part of a legal and non -negligent agricultural
operations.
g•
"All owners of land, whether ranch or residence, have obligations under State
law and County regulations with regard to the maintenance of fences and
irrigation ditches, controlling weeds, keeping livestock and pets under
control, using property in accordance with zoning, and other aspects of using
and maintaining property. Residents and landowners are encouraged to learn
about these rights and responsibilities and act as good neighbors and citizens
of the County. A good introductory source for such information is "A Guide
to Rural Living & Small Scale Agriculture" put out by the Colorado State
University Extension Office in Garfield County."
h. "All lots shall require site specific geotechnical studies before a building
permit will be issued by the County Building Department and all foundations
shall be designed by a professional engineer licensed to practice in Colorado.
i. Zone District Parameters:
Zone District
Conditional
Uses
Minimum Lot
Area
Maximum
Lot
Minimum
Setbacks
Maximum
Height
Maximum
Floor Area
5
111! 101 1111
Reception#: 716948
02/08/2007 04:38:23 PM 8 1893 P:0368 Jean glper..co
5 of 6 Rec Fee -30.30 Doc Fee. GARFIELD COUNTY CO
113, �.
Dat day of r�r�� .. A.D. 2007.
•
1,11; ., 115
of the Board
GARFIELD COUNTY
BOARD OF
COMMISSIONERS,
GARF :p D COUNTY,
COL*'
Ch
Upon motion duly made and seconded the foregoing
the following vote:
John Martin
Larry McCown
Tresi Houpt
adopted by
Aye
, Aye
, Aye
STATE OF COLORADO
)ss
County of Garfield
, 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 hand and affixed the seal of
said County, at Glenwood Springs, this day of , A.D. 2007
County Clerk and ex -officio Clerk of the Board of County Commissioners
Cover e
High Density
Single Family
(HDSF)
Home
Occupation
10,000 sq. h.
Front / Hear:
25'
Sides: 10'
28 feet
3,294 sq. ft.
113, �.
Dat day of r�r�� .. A.D. 2007.
•
1,11; ., 115
of the Board
GARFIELD COUNTY
BOARD OF
COMMISSIONERS,
GARF :p D COUNTY,
COL*'
Ch
Upon motion duly made and seconded the foregoing
the following vote:
John Martin
Larry McCown
Tresi Houpt
adopted by
Aye
, Aye
, Aye
STATE OF COLORADO
)ss
County of Garfield
, 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 hand and affixed the seal of
said County, at Glenwood Springs, this day of , A.D. 2007
County Clerk and ex -officio Clerk of the Board of County Commissioners
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Reception.#: 878399
05/1412016 04:05:09 PM Jean Alberico
1 of 10 Rec Fee:$0.00 Doc Fee:0.00 GPRFIELD 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:
John Martin
Mike Samson
Tom Jankovsky
Kevin Batchelder
Tari Willams
Kelly Cave
Jean Alberico
, Commissioner Chairman
, Commissioner
, Commissioner
, County Manager
t County Attorney
, Assistant County Attorney
, Clerk of the Board
when the following proceedings, among others were had and done, to -wit:
RESOLUTION NO. ,20/19-'40
A RESOLUTION AMENDING THE TEXT OF THE LOS AMIGOS RANCH PUD
(RESOLUTION NUMBER 2006-16) AS RECORDED ON FEBRUARY 15111, 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 6`h day 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 PUD 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 9th 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 1 of 5
In
Reception#: 878399
06/14/2016 04:05:09 PM Jean Alberico
2 of 10 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO
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 9th 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 determinations 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 6th 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:
I. 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 2 of 5
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updated and revised PUD Guide shall be recorded with the County Recorder.
ADOPTED this 13 day of cJ (, , 2016
ATTEST:
GARFIELD COUNTY BOARD OF
CpMIMIISSIONERS, GARFIELD
UOUNT , COLORADO
erk of the Board •
Ch
Upon motion duly made and seconded the
following vote:
s ution was adopted by the
COMMISSIONER CHAIR JOHN F. MARTIN / , Aye
COMMISSIONER MIKE SAMSON , Aye
COMMISSIONER TOM JANKOVSKY , Aye
STATE OF COLORADO
County of Garfield
)ss
)
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 hand 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 3 of 5
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4 of 10 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO
EXHIBIT A
Los Amigos Ranch PUD Phasing Plan, As Amended by this Resolution
Phase
Designation
(Preliminary
Plan)
Phase
Designation
(Final Plat)
Description of Phase
Commencement
Date (Submission
of Preliminary Plan)
Completion of
Development Per
Subdivision
Improvement
Agreement
1
A
Approximately 38 Tots on
Road A and (1) lot adjacent to
Filing 2
December 31, 1996
December 31, 1999
2
B
Approximately 45 lots on
Road A near water tank on
Road B
December 31, 1999
December 31, 2002
2
C
Approximately 45 lots through
second draw. Road D
December 31, 1999
December 31, 2005
2
D
Approximately 40 Tots through
third draw, Road E
December 31, 1999
December 31, 2008
2
E
Remaining single family lots,
rural residential tots and
neighborhood commercial
December 31, 1999
December 31, 2010
3
F
80 high density single family
lots in lower valley
December 31, 2008
(Reno 2006-16)
December 31, 2019
(Prop..PUD Amend
2/2016)
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EXHIBIT B
Los Amigos Ranch PUD Guide
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Kevised Los Amigos PUD Guide
Compiled from Resolutions 79-15, 81-358, 96-34, 04-05, 06-16, 2007-04 and 2008-06
(Drafted May 3, 2016 for Pinyon 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: Single. -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 this application and to additional previsions, covenants,
conditions and restrictions by the recording of any supplemental declarations.
High -Density Single -Family Residential District (from RESOLUTION 2007-04)
1. Uses, by Right: Single. -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: Front/Rear: 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
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Multi -Family Residential District
Zone
District
Permitted
Conditional
Uses
Minimum Lot
Area
Max Lot
Coverage
Minimum
Setbacks
Max
Height
Max F.A.R
M.F. (Multi
Family)
Lots 1 and
2 per Reso
96-34
Single family,
two family
and multiple
family
dwelling, and
customary
accessory
uses,
townhouses,
condominium,
common wall
design,
conditional
uses same as
S.F.
(a) single family
detached
dwelling and two
family dwellings:
7,500 square feet
(3,750 s.f. for
each duplex unit)
(sewer)
(a) not more
than 50%
(a) front and
back; 10'
sides
.
(a) 30'
(a) 0.5
(b) Townhouses
and
condominiums
zero lot -line
attached single
family dwellings:
600 square feet.
(sewer)
(b) 100%
(zero lot line).
*Total lot
coverage of
each of Lots
1 and 2 of the
Resubdivision
of Los
Amigos
Ranch Filing
No. 1 shall
not exceed
50% of the
total area of
such lot.
(b) Zero lot
line individual
units. *All
buildings
shall be
setback from
the existing
lot lines of
Lots 1 and 2
of the
Resubdivision
of Los
Amigos
Ranch Filing
No. 1 as
follows: 25'
front and
back; 10'
sides
(b) 30'
*Total floor
area of all
buildings
located on
Lot 1 or Lot 2
of the
Resubdivision
of Los
Amigos
Ranch Filing
No. 1 shall
not exceed
50% of the
total area of
such lot
*Referenced zone district text applies to each of Lots 1 and 2 of the Resubdivision of Los Amigos Ranch Filing No.
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: N/A
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
resubdivision.
2
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r elgnoornooa Uommerclal District
1. Uses, bv 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 line
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, bv Right: Elementary School, Nursery.
2. Uses, Conditional: None
3. Uses, Special: None.
4. Minimum Lot Area: N/A (sewer)
5. Minimum Setback: N/A
6. Maximum Height of Buildings: N/A
7. Minimum Lot Coverage: N/A
Open Space District
1. Uses, by Right: Ranching, farming, and general agricultural 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 Buildings: N/A
7. Minimum Lot Coverage: N/A
Area of Applicability
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-'/2 SW-%, Lot 7 and SE %, SE-%
Section 33: Lots 18 and 19
Township 7 South, Range 88 West of the 6th P.M.
Section 5: Lots 3, 4, 5, 6, 7, 11 and the easterly 1/z of lot 10, NE-% SW '/4, NW-% SE '/, SE -1
NW -1% and NE '/
Section 6: Lots 2, 3, 4, 5, 6, 7, SW-% NE-% and NW '/ -SE-'
3
.® III Pi) FAT A45141,001'111`1114MM NI III
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Township 6 South, Range 89 West of the 6th P.M.
Section 35: Lots 1, 2, 10 and 16
Section 36: SEA, NY2 SW' NEV4 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 "College Road".
Parcel 1
That part of T.7 S., R. 88 W. of the 6th P.M., being all of Lot 9 and the Westerly one-half of Lot 10 of Sec.
5, all of Lot 5 of Sec. 8 and that part of Lot 4 of Sec. 8, lying 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 point being on the Westerly right-of-way line
of said County Road, whence the NE Corner of said Sec. 8 bears: N.60°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.
58'08" 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 8 and 9 of Sec. 6, Lots 10 and 11 of Sec. 7 and Lot 6 of Sec. 8, T. 7S, R.88W. 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 6th P.M., also known as Los Amigos Ranch PUD.
WASTEWATER (from RESOLUTION 96-34)
The (44) lots along "Road A" (Los Amigos Drive to the 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 Tots 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 Sanitation District. Given the economic inefficiencies and impracticalities associated with
extending and maintaining central sewer service to the remaining westerly single family Tots in the PUD,
Applicant shall be allowed to service said remaining lots with individual sewage disposal systems (ISDS),
subject to the following conditions:
4
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GAJ
Applicant snail 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
Homeowner's 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 96-34)
Applicant shall be entitled to develop the Los Amigos Ranch PUD pursuant to the Preliminary Plat and
Final Plan phases set forth below.
Phase
Designation
(Preliminary
Plan)
Phase
Designation
(Final Plat)
Description of Phase
Commencement
Date (Submission
of Preliminary Plan)
Completion of
Development Per
Subdivision
Improvement
Agreement
1
A
Approximately 38 lots on
Road A and (1) lot adjacent to
Filing 2
December 31, 1996
December 31, 1999
2
B
Approximately 45 lots on
Road A near water tank on
Road B
December 31, 1999
December 31, 2002
2
C
Approximately 45 lots through
second draw, Road D
December 31, 1999
December 31, 2005
2
D
Approximately 40 Tots through
third draw, Road E
December 31, 1999
December 31, 2008
2
E
Remaining single family lots,
rural residential lots and
neighborhood commercial
December 31, 1999
December 31, 2010
3
F
80 high density single family
lots in lower valley
December 31, 2008
(Reso 2006-16)
December 31, 2019
(Prop..PUD Amend
212016)
5
®1111NrrPn471.Eari9tNiLki,Yh'iilL7Ohirilhlit ®1111
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1 of 3 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO
STATE OF COLORADO
County of Garfield
)
)ss
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:
John Martin
Mike Samson
Tom Jankovsky
Kevin Batchelder
Tari Willams
Kelly Cave
Jean Alberico
, Commissioner Chairman
, Commissioner
, Commissioner
, County Manager
County Attorney
, Assistant County Attorney
, Clerk of the Board
when the following proceedings, among others were had and done, to -wit:
RESOLUTION NO. ‘,/a/(0-,39
A RESOLUTION CONCERNED WITH THE APPROVAL OF A ONE-YEAR
EXTENSION FOR THE LOS AMIGOS RANCH PUD, PHASE 3, PINYON MESA
SUBDIVISION PRELIMINARY PLAN LOCATED WITHIN THE PINYON MESA PUD
ON A PARCEL OF LAND OWNED BY RE DEVELOPMENT CORP, GARFIELD
COUNTY
PARCEL NO. 2393-071-06-001
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 Preliminary Plan for the Los Amigos Ranch PUD, Phase 3, Pinyon Mesa
subdivision was approved by the Board on December 11, 2006, under Resolution No. 2007-04
for real property described in the document recorded at Reception Number 716948 in the
records of the Clerk and Recorder, Garfield County, Colorado.
C. On the 9`h day of May, 2016, the Board opened a public meeting upon the question
of whether a one-year extension to file a Final Plat should be granted, granted with conditions,
or denied. At said meeting, the public and interested persons were given the opportunity to
express their opinions regarding the issuance of said extension.
D. The Board acted on the basis of substantial competent evidence produced at the
aforementioned meeting.
Page 1 of 3
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2 of 3 Rec Fee;$0.00 Doc Fee:0.00 GARFIELD COUNTY CO
E. In accordance with the Garfield County Subdivision Regulations of 1984, as
amended, and the Preliminary Plan approval the for the Los Amigos Ranch PUD, Phase 3,
Pinyon Mesa Subdivision, the Applicant was required to file a Technically Complete Final Plat
application prior to December 11, 2007.
F. The Board, on the basis of substantial competent evidence produced at the
aforementioned hearing, made the following determinations of fact:
1. That the failure to request a timely extension was caused by extenuating
circumstances and that granting of an extension of the Pinyon Mesa
Preliminary Plan is in the best interest of the health, safety, convenience, order,
prosperity and welfare of the citizens of Garfield County.
2. That with the adoption of conditions, the application is in general conformance
with the 2030 Comprehensive Plan, as amended.
3. 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.
Resolution
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Garfield County, Colorado, that:
A. The forgoing Recitals are incorporated by this reference as part of this Resolution.
B. The Preliminary Plan Extension for the Pinyon Mesa Subdivision 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 Board of County
Commissioners.
2. That the Preliminary Plan for Pinyon Mesa Subdivision as approved under
Resolution 2007-04 is extended for a period of 1 year from the date of this
Resolution.
Page 2 of 3
Reeeptionk#: 878398
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3 of 3 Rec Fee:$0.00 Doc Fee.0.00 GARFIELD COUNTY CO
Dated this ! 3 day of ) h.... , A.D. 2016
ATTEST: GARFIELD COUNTARD OF COMMISSIONERS, GARFIELD
COUNTY, COLORADO
rk of the Board
Upon motion duly made and seconded the foregoing R sol tion was ad d by the following
vote:
John Martin
Mike Samson
Tom Jankovsky
Aye
, Aye
, Aye
STATE OF COLORADO
County of Garfield
)ss
)
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 hand 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 3 of 3
B G
BALCOMB & GREEN, PC
A FULL SERVICE LAW FIRM SINCE 1953
Chad J. Lee, Esq.
Office Ph: (970) 945-6546
Facsimile (970) 945-8902
clee@balcombgreen.com
June 28, 2016
VIA HAND DELIVERY TO:
David Pesnichak, Senior Planner
Garfield County Community Development Department
108 8th Street, Suite 401
Glenwood Springs, CO 81601
Re: Pinyon Mesa Subdivision Filing 2; Final Plat Application
Dear David:
On behalf of PMGC 2, LLC ("PMGC"), enclosed are three paper copies and a thumb drive of a Final Plat
Application for Pinyon Mesa Subdivision Filing 2. This Application contains the following:
A. General Application Materials:
1. The County's Divisions of Land Application Form, which has been completed and
executed by Ronald Norman as Manager of PMGC 2, LLC and our check in the amount of
$200.00 which we understand to be the appropriate application review fees;
2. An executed Payment Agreement form;
3. Letter of Authorization from PMGC 2, LLC;
4. A Statement of Authority indicating that Mr. Norman has the authority to act on behalf of
PMGC 2, LLC;
5. Warranty Deed to PMGC 2, LLC;
6. A current vicinity map;
7. Project Description; and
8. Pre -Application Conference Summary dated April 20, 2016;
B. Proposed Subdivision Improvements Agreement ("SIA") for Pinyon Mesa Filing 2 Subdivision;
C. Construction Plans for Pinyon Mesa, Filing 2 (24" x 36");
D. Final Plat for Pinyon Mesa, Filing 2 (24" x 36");
E. Declaration of Covenants, Conditions and Restrictions for Pinyon Mesa;
F. Affordable Housing Plan — N/A;
G. Other Information as required by the Preliminary Plan Resolution of Approval — N/A; and
H. Engineering Reports provided by David Kotz of SGM, Inc.
Notwithstanding submitting the enclosed draft SIA, we intend to explore alternatives to the Letter of Credit
set out in subparagraph 3.a. of the SIA as permitted by the Garfield County Code.
Mailing Address:
P.O. Drawer 790
Glenwood Springs, CO 81602
www.balcombgreen.com
Glenwood Springs Office:
818 Colorado Avenue
Glenwood Springs, CO
(970) 945-6546
Aspen Office:
0133 Prospector Road, Ste. 4102E
Aspen, CO 81611
(970) 920-5467
B G
BALCOMB & GREEN, Pc
A FULL SERVICE LAW FIRM SINCE 1953
Chad J. Lee, Esq.
Re: Pinyon Mesa Subdivision
Filing 2
June 28, 2016
Page 2 of 2
Thank you very much for your attention to this Application. As always, we look forward to working with
you to process this request.
Very truly yours,
BALCOMB & GREEN, P.C.
By:
CJL/bc
Encls.
xc: Ronald Norman
1\1981015021"-PwYDNME54FINkPLAT1H-OWG516ML\P5-SNEETSEl1DOVEF DWG P/ottc¢. 5/23/2015 436 044 By' Frances Blackwelder
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PINYON MESA FILING 2 SUBDIVISION
JIMPROVEMENTS AGREEMENT
THIS PINYON MESA FILING 2, SUBDIVISION IMPROVEMENTS ,.
AGREEMENT ("Agreement") is made and entered into this day of
, 2016, by and between PMGC 2, LLC, a Texas limited liability company
("Owner") and the BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY,
COLORADO, 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, 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 II consisting of thirty-
two (32) lots ("Preliminary Plan Approval"); and
WHEREAS, on , the Final Plat of Phase I of the Subdivision was
recorded as Reception No. , which created forty-eight (48) Tots; 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 for its approval a final subdivision
plat ("Final Plat") for the second filing of the Subdivision, comprising thirty-two (32)
single-family residential 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:
1. 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
Deleted: LOCATED IN THE LOS AMIGOS
PUD SUBDIVISION
Deleted: SUBDIVISION ("Pinyon Mesa" or
"Subdivision"), located in the Los Amigos PUD,
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 Improvements 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, Me
under project number 01502H, and submitted to the BOCC on or abo
attached as Exhibit A-1 and the estimate of cost of completion, - . s y and
bearing the stamp of Owner's professional engineer licensed in the State of Colorado
("Owner's Engineer"), attached as Exhibit A-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;
iii. All laws, regulations, orders, resolutions and requirements of the State
of Colorado, Garfield County, and all special districts and any other governmental or
quasi -governmental authority(ies) with jurisdiction; and
iv. The provisions of this Agreement.
b. Satisfaction of Subdivision Improvements Provisions. 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 terms and conditions of the Garfield County zoning and subdivision
regulations, with respect to the installation of Improvements.
3. SECURITY FOR IMPROVEMENTS.
a. Restriction on Transferr, 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 $1,042,640.50, as determined by a licensed
appraiser, which amount represents the full estimated cost of completing the Improvements,
including a sufficient contingency to cover cost changes, unforeseen costs and other
variables (not less than 10% of the estimated costs and as approved by the BOCC), minus
the cost of Improvements already completed as of the date of execution of this Agreement,
as set forth and certified by Owner's Engineer on Exhibit A-2, to guarantee completion of
the Improvements. Owner has submitted an appraisal to the BOCC which finds that all
Lots within the Subdivision range in value from ,$ to $. For purposes of this
Deleted: ; Deed of Trust.
Agreem
value of
fry
✓fl
nt, the parties shall stipulate that all lots within the Subdivision shall have a
. Thus, to secure the restriction on transfer of a sufficient amount of
Lots, Own ct 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 B (`Restrictive Covenant") encumbering and' 4
adequate number of lots to reach a cumulative value of at least $1,042,640.50. 1C 1
/V j
b. Revegetation Security. Revegetation of disturbed areas in the Subdivision
shall be secured by delivery of a Treasurer's Deposit Agreement substantially inn a form
acceptable to the BOCC, attto and incorporated in this Agrent byreference as ',
Exhibit C, in the amoun of $ ,501 from the Owner to the = e • evegetation TDA").
The Revegetation TDA . re valid for a minimum o two (2) years-
Exhibit
ears recording
of the Fi 1 Plat. ���
c
L C pt G 4 j .4._���~p {ry
L Upon es ablis invent of vegetatt ,--the Owner hall 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 ofsucces of revegetation !�1r'eclamation in accordance with the
Garfield Count eed Management Plan X96, adopted by Resolution No.
and recorded in"the Office of the Garfield County Clerk and Recorder as Reception Z
No.3at Beok- 1251, pogo 366, as amended, and the
Revegetatio eclamation Plan for the Subdivision submitted as part of the Final Plat
Documents. �-73� C
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, DAA, 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.
Deleted: Deed of Trust
iii. If the Vegetation Management Department refuses approval and
provides written notice of deficiency(ies), the Owner shall cure such deficiencies by
further revegetation efforts, approved by the Vegetation Management Department,
as such may be instituted within the wears following recording of the Final Plat.
„...„...17 jA,.kn
iv. If revegetation efforts are deemunsuccessful
ul
within
r/1
Deleted: Deed of Trust") encumbering at least Lots.
Specifically, such Deed of Trust shall initially encumber
Lots . However, Owner may substitute any encumbered
Lot with an unencumbered Lot upon written request to the
Building and Planning Department, in which case Owner
shall tender a new Deed of Trust on the substitute Lot in a
form substantially similar to Exhibit B, and the County shall
execute a partial release of the encumbered Lot within 15
days of Owner's written request. In the event of such
substitution, Owner warrants and represents that such
substitute Lot is owned free and clear of monetary
encumbrances. Owner specifically acknowledges that this
Agreement is a "right to the payment of a monetary
obligation" in the event the Improvements are not completed
as set forth herein, and that this Agreement shall constitute
"evidence of debt" as defined by Section 38-38-100.3,
C.R.S.
Deleted: Letter of Credit
Deleted: LOC
Deleted: LOC
Deleted: LOC
the
period of time, in the sole discretion of the BOCC upon the recommendation of the
Vegetation Management Department, or if the BOCC determines 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 of Revegetation 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 cure any identified deficiency
prior to requesting payment from the Revegetation TDA or filing a civil action.
Deleted: LOC
Deleted: LOC
Deleted: LOC
Deleted: LOC
vi. It is specifically understood that the Revegetation TDA is not subject
to successive partial releases, as authorized in subparagraph 3(d) below. Further, the
Revegetation TDA, 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,pncumbered by theJ2estrictive 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 D, 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.
Deleted: LOC
Deleted: LOC
Deleted: LOC(s)
Deleted: Security.
Deleted: secured
Deleted: Deed of Trust
l Deleted: Security
d. BOCC's Investigation. The BOCC shall be permitted to inspect and review p ^'11
the Improvements at any time during construction. For purposes of solicitin C 'p{'
encouraging an inspection, Owner shall contact [Insert County Representative (970) 945-
Z t tj. Notwithstanding the foregoing, upon submission of the Owner's Written Request
for Partial Release ofc.Sve 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:
t k5_0.4,r! Grp
i. I o lett 1p "`potential deficiency is furnished to Owner by the
BOCC within s'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 nt of security,_,,,_
tS bv5(_ 1J
ii. If the BOCC chooses to inspect and determines that all or a portion
of the Impro ements certified as complete are not in compliance with the relevant
specificati tl OCC shall furnish a letter of potential deficiency to the Owner,
within fide Sy of submission of Owner's Written Request for Partial Release of
Security accompanied by Owner's Engineer's Certificate of Completion of
Improvements.
iii. 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
tpl'
release of the amount of security related to the certified Improvements that are not
identified as potentially deficient. ,-------
iv.-30 0,4.:-....0
With
-----iv.With respect to Improvements i entified as otentially deficient in a
letter of potential deficiency, the BOCC shall h. ve days from the date of the _ _
letter to complete the initial investigation, and pry ' ae 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 thearopy' to amount of security
shall be authorized for release within ten ) days af�cr, completion of such
investigation.
Deleted: thirty (30
e. BOCC Completion of Improvements. If the BOCC finds, within t
(5) day period of time, defined in subparagraph 3 (e)(iv) above, that the Improvements are
not complete, or if the BOCC determines 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 feasonable titpe to
cure any identified deficiency(ies) prior to executing on his A ee nt. CrC I
(ie u•'1 Gf7(t
f. Final Release of Transfer Restriction. Upon completidn 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 instruments 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 E, along
with Owner's Engineer's Certificate of Final Completion of Improvements.
i. The BOCC shall authorize a final release of the J2estrictive 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 specifi ions
BOCC shall authorize release of the final amount of security within t (10)ayys�
following submission of the Owner's Written Request for Final Release o ecurity—
accompanied by the other documents required by this paragraph 3(g).
ii. Notwithstanding the foregoing, upon Owner's Written Request for
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(e) above shall be followed.
Deleted: thirty (30
Deleted: or the Deed of Trust.
Deleted: or the Deed of Trust
Deleted: the Deed of Trust
fDeleted: Security
Deleted: Deed of Trust
iii. If the BOCC finds that the Improvements are complete, in
accordance with the relevant specifications, tl}e`B�,R�CCall authorize release of
the final amount of security within ten (lOj day,, ter completion of such
investigation. If necessary, the BOCC may complete remaining Improvements in
accordance with process outlined in Paragraph 3(0 above.
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 rights-of-way 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-of-way within the Subdivision.
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 otherwise agreed to with the public utility company(ies).
The BOCC shall not be obligated for the maintenance, repair and upkeep of any utility
easements within the Subdivision. In the event a utility company, whether publicly or
privately owned, requires separate conveyance by deed or otherwise, 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
Deleted: at the time of Final Plat Approval and shall be
recorded
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 has 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 -1 has been recorded at Reception No. 723310 in
Book 1926, at Page 0592, 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;
and.
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
Chief, including fire hydrants at the locations agreed upon between Owner and the District,
shown on the Final Plat of the Subdivision; and
b. Pay an impact fee to the District of $437 per dwelling unit at the time of
Final Plat. For this Filing 2, the fee shall be $13,984.00.
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 F, 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 permits 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 title
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.
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 permitted 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:
Ronald Norman, Manager
PMGC 2, LLC
265 Ponderosa Pass
Carbondale, CO 81623
With Copy to: Chad J. Lee, Esq.
BOCC:
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 information, 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
of which 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 for 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.
IN WITNESS WHEREOF, the parties have signed this Agreement to be effective
upon the date of Final Plat Approval for the Subdivision.
OWNER:
PMGC 2, LLC,
a Texas limited liability company
By:
Ronald Norman, Manager
BOARD OF COUNTY COMMISSIONERS
FOR THE COUNTY OF GARFIELD,
STATE OF COLORADO
By:
Print Name:
Title: Chairman
ATTEST:
Jean Alberico, Clerk and Recorder
Garfield County, Colorado
STATE OF )
) ss.
COUNTY OF )
Subscribed and sworn to before me by Ronald Norman as Manager of PMGC 2, LLC, a
Texas limited liability company.
WITNESS my hand and official seal.
My commission expires:
Notary Public
Exhibit A-1 — Construction Plans
Exhibit A-2 — Engineer's Estimate of Costs
EXHIBIT B
AGREEMENT RESTRICTING TRANSFER,,OF LOTS
• THIS AGREEMENT RESTRICTING TRANSFER OF LOTS (" Agreement") is entered
into this day of , , 2016 by PMGC 2, LLC,("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 on as , comprising
thirty-two (321 single-family residential lots on the Property ("SubdivisionTh and
WHEREAS, Owner and County entered into a Subdivision Improvements
Agreement dated and recorded as Reception No.
"SIA," which required pwner to provide security anamount
,equal to the cost of the public improvements to be completed in the Subdivision; T`
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:
ARTICLE 1
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
"Transfer": (i) a transfer or conveyance of title (or any portion thereof, legal or
equitable) of the pts (or any part thereof or interest therein), (ii) the execution of
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 ______
Deleted: DEED OF TRUST
(Due on
Deleted: --Strict)
Deleted: ¶
THIS DEED OF TRUST
Deleted: made
Deleted: August,
Deleted: between
Deleted: , a Texas limited liability company ("PMGC"),
whose address is 6300 Ridglea Place, Suite 900, Fort Worth,
TX 76116,
Deleted: Public Trustee
Deleted: , ("Trustee");
Deleted: benefit of THE BOARD OF COUNTY
COMMISSIONERS OF THE COUNTY OF GARFIELD,
COLORADO ("BOCC"), whose address is 108 8th Street,
Glenwood Springs, CO 81601.
Deleted: PMGC
Deleted: BOCC covenant and agree as follows:¶
1.. Property in Trust. PMGC, in consideration of the
obligations set forth in that certain
Deleted:
Deleted:
, on ("
Deleted: "), hereby grants and conveys to Trustee in trust,
with power of sale, the following described property located
in the County of Garfield, State of Colorado: ¶
11
Lots ,¶
Pinyon Mesa, Filing 211
.. according to the plat thereof recorded
as Reception No. .¶
¶
together with all its appurtenances ("Property").¶
11
2. SIA; Other Obligations Secured; Subordination. This
Deed of Trust is given to secure to BOCCI
1i
A, . PMGC's obligations under the SIA, to nit, to secure the
completion of public Improvements (as defined in the SIA)
with an estimated cost of One -Million, Forty -Two Tho(
[11
Deleted: under the SIA, and shall perform all of PMGC's
other covenants contained in the
Deleted: of this Deed of Trust. PMGC shall pay all taxes,
assessments and other charges, fines and impositions
... [3]
Deleted: at leas
Deleted: lesser of (1) the insurable value of the Property or
(2) an amount sufficient to pay the sums secured by thi
4
Deleted: The insurance carrier providing the insurance
shall be qualified to write Property Insurance in Colo( [5]
Deleted: Property
Deleted: Property
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 SLS
1.3 Release. Upon completion of all Improvements required by the SIA,
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.
ARTICLE 2
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:
PMGC 2, LLC,
c/o Ronald Norman, Manager
265 Ponderosa Pass
Carbondale, CO 81623
With a copy to:
Balcomb & Green, P.C.
Attn: Chad 1. Lee, Esq.
P.O. Drawer 790
Deleted: Property
Deleted: in excess of three (3) years,
Deleted: PMGC, (v) the reorganization, liquidation or
dissolution of the PMGC. Not to be included as a
Transfer are (i) the creation of a lien or encumbrance
subordinate to this Deed of Trust, (ii) the creation of a
purchase money security interest for household
appliances, or (iii) a transfer by devise, descent or by
operation of the law upon the death of a joint tenant. At
the election of BOCC, in the event of each and every
transfer:
Deleted: (a) . All sums secured by this Deed
Deleted: Trust shall become immediately due and
payable (Acceleration).¶
(b) . If
Deleted: occurs and should BOCC not exercise
BOCC's option pursuant to this paragraph 24 to
Accelerate, Transferee shall be deemed to have assumed
all of the obligations of PMGC under this Deed of Trust
including all sums secured hereby whether or not
Deleted: instrument evidencing such conveyance,
contract or grant expressly so provides. This covenant
shall run with the Property and remain in full force and
effect until said sums are paid in full.
Deleted: without notice to the PMGC deal with
Transferee in the same manner as with the PMGC with
reference to said sums including the payment or credit to
Transferee of undisbursed reserve Funds on payment in
full of said sums, without in any way altering or
discharging the PMGC's liability hereunder for the
obligations hereby secured.¶
(c) . Should BOCC not elect to Accelerate upon the
occurrence of such
Deleted: then, subject to (b) above, the mere fact of a
lapse of time or the acceptance of payment subsequent
to any of such events, whether or not BOCC had actual
or constructive notice of such Transfer, shall not be
deemed a waiver of BOCC's right to make such election
nor shall BOCC be estopped therefrom by virtue thereof.
The issuance on behalf of the BOCC of a routine
statement showing the status of the loan, whether or not
BOCC had actual or constructive notice of such
Transfer, shall not be a waiver or estoppel of BOCC's
said rights.¶
11
il
25. PMGC's Copy. PMGC acknowledges receipt of
a copy
Deleted: and this Deed of Trust.
Deleted: PMGC:5]
Deleted: ,
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.
IN WITNESS WHEREOF, the parties hereto have executed this Deed
Restriction on the day and year first written above.
OWNER:
PMGC 2, 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
Deleted: By:
11
Deleted:
Deleted:)
Deleted:
Deleted: this day of August,
Deleted: as
Texas limited liability company.
WITNESS my hand and official seal.
My commission expires:
Notary Public
BOARD OF COUNTY COMMISSIONERS
FOR THE COUNTY OF GARFIELD,
STATE OF COLORADO
By:
Print Name:
Title: Chairman
ATTEST:
Jean Alberico, Clerk and Recorder
Garfield County, Colorado
Deleted: ¶
¶
By:
EXHIBIT A
LEGAL DESCRIPTION
EXHIBIT C
GARFIELD COUNTY TREASURER'S DEPOSIT AGREEMENT
Pinyon Mesa Phase 2 REVEGETATION
Owner: PMGC 2, LLC
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, Georgia
Chamberlain ("Treasurer"), and PMGC 2, LLC ("Owner").
Recitals
The BOCC approved the Owner's Application for a Grading Permit for the Pinyon Mesa
Phase 2 pursuant to Permit Number
The Grading Permit requires provision of "Security for Revegetation" and Owner wishes to
depositgood 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. Pinyon Mesa Phase 2 Revegetation Treasurer's Account. Owner shall deposit with the
Treasurer the sum of Twelve 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 Revegetation 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 Pinyon 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 shall thereafter provide to Owner a report of interest earned, as
Deleted: IRREVOCABLE STANDBY LETTER OF CREDITI1
Reference k:¶
Amount: $12,50011
Date of Issue:1
Expiration Date:¶
11
BENEFICIARY: . Board of County Commissioners of Garfield
County ("Beneficiary" or "BOCC" )¶
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.
c.
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.
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 Planning Department. The Request
for Disbursement shall be accompanied by an approval statement from the
Garfield County Vegetation Management Department.
e.
f.
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".
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 Pinyon Mesa Phase 2 Revegetation 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
revegetation 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 is due Owner. If the cost of the revegetation to the BOCC is
less than the amount available, the BOCC shall return the overage to Owner
within a reasonable period of time following completion by the BOCC.
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 claim against the Treasurer involving 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 Revegetation 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
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.
Mail or receipted delivery service to:
BOCC
c/o Community Development Department
attn: Director
108 8`" Street, 4`h Floor
Glenwood Springs, CO 81601
J3arfield County Treasurer
Georgia Chamberlain
109 8`h Street, Suite 204
Glenwood Springs, CO 81601
Deleted: suite 213
Deleted: ACCOUNT PARTY/Applicant:
Owner:
PMGC 2, 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.
BENEFICIARY:
BOARD OF COUNTY COMMISSIONERS
ATTEST: GARFIELD COUNTY, COLORADO
By:
Clerk to the Board John Martin, Chairman
Date:
DEPOSIT HOLDER:
GARFIELD COUNTY TREASURER
By:
Georgia Chamberlain Treasurer
Date:
DEPOSITOR/OWNER:
By: Ronald Norman, Manager
Date:
Deleted:,
" Deleted: Texas limited liability company
State of Colorado
lss.
County of Garfield
Subscribed and sworn to before me this day of , 2016, by
Witness my hand and official seal.
My Commission expires:
Notary Public
RECEIPT
Check No.
Cash
; or
Form W-9:
Received
By:
Print Name:
Title:
Office of the Treasurer
Date:
Form 1099 shall be sent to:
Exhibit A
,ACKNOWLEDGMENT OF SATISFACTION AND DIRECTION TO TREASURER
TREASURER'S DEPOSIT AGREEMENT
Recitals
1. , [a Colorado 1
Ian 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 ll
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 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
BOARD OF COUNTY COMMISSIONERS
ATTEST:
OF GARFIELD COUNTY, COLORADO
By:
Clerk to the Board
John Martin, Chairman
Date:
Deleted: 11
Establishment/Face Amount/Purpose/Expiration
Date/Tra nsferabilityll
We hereby establish/issue/open, at the request of the
Applicant/Account Party, Irrevocablell
Standby Letter of Credit No. in an amount
not to exceed Twelve Thousand, Five Hundred Dollars and
no Cents ($12,500.00). The purpose of this letter is to secure
the Applicant/Account Party's performance of and
compliance with the agreement between Applicant/Account
Party and Beneficiary, dated and titled
("Subdivision Improvements Agreement"). This Letter of
Credit expires at Bank, at
p.m. Mountain Standard Time on , 20 .
This letter is not transferable.¶
11
Partial Releases')
Partial draws are [are not] permitted. The BOCC may [may
not] authorize periodic reductions in the face amount of this
Letter of Credit [If Bank requires Reduction Certificates: and,
if so authorized, the revised face amount of the Letter of
Credit shall be evidenced by a separate Reduction
Certificate, approved and executed by the BOCC or the
BOCC's authorized representative].11
11
Conditions for Payment to Beneficiary')
Drafts submitted by Beneficiary must be accompanied by
, the following documents:11 .,, [6]
Deleted: in the amount of
$ " manually signed by the
Chairman or the BOCC's authorized representative.11
Fax of the Draw Documents is acceptable to our Fax No.
. If presentation is made by fax, prompt
phone notification must be given to
(telephone no.), or
(telephone no.). The fax
presentation shall be deemed the original presentation.
In the event of a full or final drawing the original standby
Letter of Credit must be returned to bank by overnight
courier at the time of fax presentation.11 [ [7]
t. Deleted: .
Deleted:
Bank11
11
By 11
Name 1
Title 1
11
THIS ISA FORM DOCUMENT. BANKS USE DIFFERENT
FORMATS AND DIFFERENT TERMS TO IDENTIFY ISSUER,
APPLICANT AND BENEFICIARY.¶
ASK YOUR BANK TO ADDRESS THE MATTERS IDENTIFIED
ABOVE: Establishment, Face Amount, Purpose, Expiration
Date, Transferability, Partial/Single Releases, Conditions for
Payment to Beneficiary, Cancellation, Issuer's Undertaking
AND TO SPECIFY WHETHER OR NOT PARTIAL RELEASE [8]
EXHIBIT E
REQUEST FOR FINAL RELEASE OF TRANSFER RESTRICTION
Board of County Commissioners
Garfield County, Colorado
c/o Director of Building and Planning
108 8th 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 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 all
improvements required by the Improvements Agreement and secured by the jtestrictive 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 homeowner's association or other entity at the time of final
Plat Approval. If further information is needed, please contact
at
If you agree that the jtestrictive Covenant should be fully released, please complete a request for
full release of the jtestrictive Covenant to the Garfield County Trustee and return the same to me.
Owner
or
Owner's Representative/Engineer
Deleted: DEED OF TRUST
Deleted: 11
[Subdivision] [PUD] [LAND USE CHANGE PERMIT].
Deleted: Deed of Trust
Deleted: Deed of Trust
Deleted: Deed of Trust
Deleted: Deed of Trust
EXHIBIT F
PINYON MESA FILING 2
SUBDIVISION IMPROVEMENTS AGREEMENT
NOTICE REGARDING BUILDING PERMITS
AND CERTIFICATES OF OCCUPANCY
TO: ALL PURCHASERS OF HOME SITES WITHIN PINYON MESA FILING 2
YOU ARE HEREBY NOTIFIED under applicable Garfield County regulations, you may not
commence construction of a residence within unincorporated Garfield County, including within the
Pinyon 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 Pinyon Mesa
Development, Inc., Garfield County will not issue building permits for property in Pinyon 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-technical study, completed by a registered Geo -Technical 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
building 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 Pinyon 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 Pinyon Mesa Development, Inc. and until radon gas testing has been completed.
Owner/Subdivider:
PMGC 2, LLC
By
Ronald Norman, Manager
Page 13: [1] Deleted
Chad Lee 8/25/2016 5:24:00 PM 1
"), hereby grants and conveys to Trustee in trust, with power of sale, the following described property located in
the County of Garfield, State of Colorado:
Lots
Pinyon Mesa, Filing 2
according to the plat thereof recorded
together with all its appurtenances ("Property").
2. SIA; Other Obligations Secured; Subordination. This Deed of Trust is given to secure to BOCC:
as Reception No.
A. PMGC's obligations under the SIA, to wit, to secure the completion of public Improvements (as
defined in the SIA) with an estimated cost of One -Million, Forty -Two Thousand, Six Hundred and
Forty Dollars and Fifty Cents;
B. the performance of the covenants and agreements of PMGC herein contained.
3. Title. PMGC covenants that PMGC owns and has the right to grant and convey the Property, and warrants
title to the same, subject to general real estate taxes for the current year, easements of record or in existence,
and recorded declarations, restrictions, reservations and covenants, if any, as of this date.
4. Payment of Principal and Interest. PMGC shall promptly pay when due any payment
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Chad Lee 8/25/2016 5:24:00 PM
under the SIA, and shall perform all of PMGC's other covenants contained in the SIA.
5. Application of Payments. All payments received by BOCC under the terms hereof shall be applied by
BOCC first in payment of amounts disbursed by BOCC pursuant to paragraph 9 (Protection of BOCC's
Security), and the balance in accordance with the terms and conditions of the SIA.
6. Prior Mortgages and Deeds of Trust; Charges; Liens. PMGC shall perform all of PMGC's
obligations under any prior deed of trust and any other prior liens. Any default under any deed of trust or lien
having priority over this Deed of Trust shall automatically constitute a default under this Deed of Trust. PMGC
shall notify BOCC immediately in the event of any default under any deed of trust or lien having priority over
this Deed of Trust. BOCC shall have the right to cure any default under any deed of trust or lien having priority
over this Deed of Trust and any sums paid by BOCC in connection therewith shall be treated as amounts
disbursed by BOCC to PMGC in accordance with this Deed of Trust to protect the
Page 13: [3] Deleted
Chad Lee 8/25/2016 5:24:00 PM
of this Deed of Trust. PMGC shall pay all taxes, assessments and other charges, fines and impositions
attributable to the Property which may have or attain a priority over this Deed of Trust, and leasehold
payments or ground rents, if any, in the manner set out in paragraph 23 (Escrow Funds for Taxes and
Insurance) or, if not required to be paid in such manner, by PMGC making payment when due, directly to
the payee thereof. Despite the foregoing, PMGC shall not be required to make payments otherwise required
by this paragraph if PMGC, after notice to BOCC, shall in good faith contest such obligation by, or defend
enforcement of such obligation in, legal proceedings which operate to prevent the enforcement of the
obligation or forfeiture of the Property or any part thereof, only upon PMGC making all such contested
payments and other payments as ordered by the court to the registry of the court in which such proceedings
are filed.
7. Property Insurance. PMGC shall keep the improvements now existing or hereafter erected on the
Property insured against loss by fire or hazards included within the term "extended coverage"
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Chad Lee 8/25/2016 5:24:00 PM
lesser of (1) the insurable value of the Property or (2) an amount sufficient to pay the sums secured by this Deed
of Trust as well as any prior encumbrances on the Property. All of the foregoing shall be known as "Property
Insurance".
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Chad Lee 8/25/2016 5:24:00 PM
The insurance carrier providing the insurance shall be qualified to write Property Insurance in Colorado
and shall be chosen by PMGC subject to BOCC's right to reject the chosen carrier for reasonable cause. All
insurance policies and renewals thereof shall include a standard mortgage clause in favor of BOCC, and
shall provide that the insurance carrier shall notify BOCC at least ten (10) days before cancellation,
termination or any material change of coverage. Insurance policies shall be furnished to BOCC at or before
closing. BOCC shall have the right to hold the policies and renewals thereof.
In the event of loss, PMGC shall give prompt notice to the insurance carrier and BOCC. BOCC may make
proof of loss if not made promptly by PMGC.
Insurance proceeds shall be applied to restoration or repair of the Property damaged, provided such
restoration or repair is economically feasible and the security of this Deed of Trust is not thereby impaired.
If such restoration or repair is not economically feasible or if the security of this Deed of Trust would be
impaired, the insurance proceeds shall be applied to the sums secured by this Deed of Trust, with the excess,
if any, paid to PMGC. If the Property is abandoned by PMGC, or if PMGC fails to respond to BOCC within
30 days from the date notice is given in accordance with paragraph 16 (Notice) by BOCC to PMGC that
the insurance carrier offers to settle a claim for insurance benefits, BOCC is authorized to collect and apply
the insurance proceeds, at BOCC's option, either to restoration or repair of the Property or to the sums
secured by this Deed of Trust.
Any such application of proceeds to principal shall not extend or postpone the due date of the installments
referred to in paragraphs 4 (Payment of Principal and Interest) and 23 (Escrow Funds for Taxes and
Insurance) or change the amount of such installments. Notwithstanding anything herein to the contrary, if
under paragraph 18 (Acceleration; Foreclosure; Other Remedies) the Property is acquired by BOCC, all
right, title and interest of PMGC in and to any insurance policies and in and to the proceeds thereof resulting
from damage to the Property prior to the sale or acquisition shall pass to BOCC to the extent of the sums
secured by this Deed of Trust immediately prior to such sale or acquisition.
All of the rights of PMGC and BOCC hereunder with respect to insurance carriers, insurance policies and
insurance proceeds are subject to the rights of any holder of a prior deed of trust with respect to said
insurance carriers, policies and proceeds.
8. Preservation and Maintenance of Property. PMGC shall keep the Property in good repair and shall not
commit waste or permit impairment or deterioration of the Property and shall comply with the provisions
of any lease if this Deed of Trust is on a Leasehold. PMGC shall perform all of PMGC's obligations under
any declarations, covenants, by-laws, rules, or other documents governing the use, ownership or occupancy
of the Property.
9. Protection of BOCC's Security. Except when PMGC has exercised PMGC's rights under paragraph 6
above, if the PMGC fails to perform the covenants and agreements contained in this Deed of Trust, or if a
default occurs in a prior lien, or if any action or proceeding is commenced which materially affects BOCC's
interest in the Property, then BOCC, at BOCC's option, with notice to PMGC if required by law, may make
such appearances, disburse such sums and take such action as is necessary to protect BOCC's interest,
including, but not limited to:
(a) any general or special taxes or ditch or water assessments levied or accruing against the Property;
(b) the premiums on any insurance necessary to protect any improvements comprising a part of the
Property;
(c) sums due on any prior lien or encumbrance on the Property;
(d) if the Property is a leasehold or is subject to a lease, all sums due under such lease;
(e) the reasonable costs and expenses of defending, protecting, and maintaining the Property and
BOCC's interest in the Property, including repair and maintenance costs and expenses, costs and
expenses of protecting and securing the Property, receiver's fees and expenses, inspection fees,
appraisal fees, court costs, attorney fees and costs, and fees and costs of an attorney in the
employment of the BOCC or holder of the certificate of purchase;
(f) all other costs and expenses allowable by the evidence of debt or this Deed of Trust, and
(g) such other costs and expenses which may be authorized by a court of competent jurisdiction.
PMGC hereby assigns to BOCC any right PMGC may have by reason of any prior encumbrance on the
Property or by law or otherwise to cure any default under said prior encumbrance.
Any amounts disbursed by BOCC pursuant to this paragraph 9, with interest thereon, shall become
additional indebtedness of PMGC secured by this Deed of Trust. Such amounts shall be payable upon
notice from BOCC to PMGC requesting payment thereof, and BOCC may bring suit to collect any amounts
so disbursed plus interest specified in paragraph 2B (SIA; Other Obligations Secured). Nothing contained
in this paragraph 9 shall require BOCC to incur any expense or take any action hereunder.
10. Inspection. BOCC may make or cause to be made reasonable entries upon and inspection of the Property,
provided that BOCC shall give PMGC notice prior to any such inspection specifying reasonable cause
therefor related to BOCC's interest in the Property.
11. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection
with any condemnation or other taking of the Property, or part thereof, or for conveyance in lieu of
condemnation, are hereby assigned and shall be paid to BOCC as herein provided. However, all of the
rights of PMGC and BOCC hereunder with respect to such proceeds are subject to the rights of any holder
of a prior deed of trust.
In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Deed
of Trust, with the excess, if any, paid to PMGC. In the event of a partial taking of the Property, the proceeds
remaining after taking out any part of the award due any prior lien holder (net award) shall be divided
between BOCC and PMGC, in the same ratio as the amount of the sums secured by this Deed of Trust
immediately prior to the date of taking bears to PMGC's equity in the Property immediately prior to the
date of taking. PMGC's equity in the Property means the fair market value of the Property less the amount
of sums secured by both this Deed of Trust and all prior liens (except taxes) that are to receive any of the
award, all at the value immediately prior to the date of taking.
If the Property is abandoned by PMGC, or if, after notice by BOCC to PMGC that the condemnor offers to
make an award or settle a claim for damages, PMGC fails to respond to BOCC within 30 days after the
date such notice is given, BOCC is authorized to collect and apply the proceeds, at BOCC's option, either
to restoration or repair of the Property or to the sums secured by this Deed of Trust.
Any such application of proceeds to principal shall not extend or postpone the due date of the installments
referred to in paragraphs 4 (Payment of Principal and Interest) and 23 (Escrow Funds for Taxes and
Insurance) nor change the amount of such installments.
12. PMGC Not Released. Extension of the time for payment or modification of amortization of the sums
secured by this Deed of Trust granted by BOCC to any successor in interest of PMGC shall not operate to
release, in any manner, the liability of the original PMGC, nor PMGC's successors in interest, from the
original terms of this Deed of Trust. BOCC shall not be required to commence proceedings against such
successor or refuse to extend time for payment or otherwise modify amortization of the sums secured by
this Deed of Trust by reason of any demand made by the original PMGC nor PMGC's successors in interest.
13. Forbearance by BOCC Not a Waiver. Any forbearance by BOCC in exercising any right or remedy
hereunder, or otherwise afforded by law, shall not be a waiver or preclude the exercise of any such right or
remedy.
14. Remedies Cumulative. Each remedy provided in the SIA and this Deed of Trust is distinct from and
cumulative to all other rights or remedies under the SIA and this Deed of Trust or afforded by law or equity,
and may be exercised concurrently, independently or successively.
15. Successors and Assigns Bound; Joint and Several Liability; Captions. The covenants and agreements
herein contained shall bind, and the rights hereunder shall inure to, the respective successors and assigns of
BOCC and PMGC, subject to the provisions of paragraph 24 (Transfer of the Property; Assumption). All
covenants and agreements of PMGC shall be joint and several. The captions and headings of the paragraphs
in this Deed of Trust are for convenience only and are not to be used to interpret or define the provisions
hereof.
16. Notice. Except for any notice required by law to be given in another manner, (a) any notice to PMGC
provided for in this Deed of Trust shall be in writing and shall be given and be effective upon (1) delivery
to PMGC or (2) mailing such notice by first-class U.S. mail, addressed to PMGC at PMGC's address stated
herein or at such other address as PMGC may designate by notice to BOCC as provided herein, and (b) any
notice to BOCC shall be in writing and shall be given and be effective upon (1) delivery to BOCC or (2)
mailing such notice by first-class U. S. mail, to BOCC's address stated herein or to such other address as
BOCC may designate by notice to PMGC as provided herein. Any notice provided for in this Deed of Trust
shall be deemed to have been given to PMGC or BOCC when given in any manner designated herein.
17. Governing Law; Severability. The SIA and this Deed of Trust shall be governed by the law of Colorado.
In the event that any provision or clause of this Deed of Trust or the SIA conflicts with the law, such conflict
shall not affect other provisions of this Deed of Trust or the SIA which can be given effect without the
conflicting provision, and to this end the provisions of the Deed of Trust and SIA are declared to be
severable.
18. Acceleration; Foreclosure; Other Remedies. Except as provided in paragraph 24 (Transfer of the
Property; Assumption), upon PMGC's breach of any covenant or agreement of PMGC in this Deed of Trust,
or upon any default in a prior lien upon the Property, (unless PMGC has exercised PMGC's rights under
paragraph 6 above), at BOCC's option, all of the sums secured by this Deed of Trust shall be immediately
due and payable (Acceleration). To exercise this option, BOCC may invoke the power of sale and any other
remedies permitted by law. BOCC shall be entitled to collect all reasonable costs and expenses incurred in
pursuing the remedies provided in this Deed of Trust, including, but not limited to, reasonable attorney's
fees.
If BOCC invokes the power of sale, BOCC shall give written notice to Trustee of such election. Trustee
shall give such notice to PMGC of PMGC's rights as is provided by law. Trustee shall record a copy of
such notice as required by law. Trustee shall advertise the time and place of the sale of the Property, for not
less than four weeks in a newspaper of general circulation in each county in which the Property is situated,
and shall mail copies of such notice of sale to PMGC and other persons as prescribed by law. After the
lapse of such time as may be required by law, Trustee, without demand on PMGC, shall sell the Property
at public auction to the highest bidder for cash at the time and place (which may be on the Property or any
part thereof as permitted by law) in one or more parcel as Trustee may think best and in such order as
Trustee may determine. BOCC or BOCC's designee may purchase the Property at any sale. It shall not be
obligatory upon the purchaser at any such sale to see to the application of the purchase money.
Trustee shall apply the proceeds of the sale in the following order: (a) to all reasonable costs and expenses
of the sale, including, but not limited to, reasonable Trustee's and attorney's fees and costs of title evidence;
(b) to all sums secured by this Deed of Trust; and (c) the excess, if any, to the person or persons legally
entitled thereto.
19. PMGC's Right to Cure Default. Whenever foreclosure is commenced for nonpayment of any sums due
hereunder, the owners of the Property or parties liable hereon shall be entitled to cure said defaults by
paying all delinquent principal and interest payments due as of the date of cure, costs, expenses, late
charges, attorney's fees and other fees all in the manner provided by law. Upon such payment, this Deed of
Trust and the obligations secured hereby shall remain in full force and effect as though no Acceleration had
occurred, and the foreclosure proceedings shall be discontinued.
20. Assignment of Rents; Appointment of Receiver; BOCC in Possession. As additional security hereunder,
PMGC hereby assigns to BOCC the rents of the Property; however, PMGC shall, prior to Acceleration
under paragraph 18 (Acceleration; Foreclosure; Other Remedies) or abandonment of the Property, have the
right to collect and retain such rents as they become due and payable.
BOCC or the holder of the Trustee's certificate of purchase shall be entitled to a receiver for the Property
after Acceleration under paragraph 18 (Acceleration; Foreclosure; Other Remedies), and shall also be so
entitled during the time covered by foreclosure proceedings and the period of redemption, if any; and shall
be entitled thereto as a matter of right without regard to the solvency or insolvency of PMGC or of the then
owner of the Property, and without regard to the value thereof. Such receiver may be appointed by any
Court of competent jurisdiction upon ex parte application and without notice --notice being hereby expressly
waived.
Upon Acceleration under paragraph 18 (Acceleration; Foreclosure; Other Remedies) or abandonment of
the Property, BOCC, in person, by agent or by judicially -appointed receiver, shall be entitled to enter upon,
take possession of and manage the Property and to collect the rents of the Property including those past
due. All rents collected by BOCC or the receiver shall be applied, first, to payment of the costs of
preservation and management of the Property, second, to payments due upon prior liens, and then to the
sums secured by this Deed of Trust. BOCC and the receiver shall be liable to account only for those rents
actually received.
21. Release. Upon satisfaction of all obligations secured by the SIA, BOCC shall cause Trustee to release this
Deed of Trust and shall produce for Trustee written confirmation executed by the BOCC that all obligations
under the SIA have been completed and that PMGC is released therefrom. PMGC shall pay all costs of
recordation and shall pay the statutory Trustee's fees.
22. Waiver of Exemptions. PMGC hereby waives all right of homestead and any other exemption in the
Property under state or federal law presently existing or hereafter enacted.
23. Escrow Funds for Taxes and Insurance. [OMITTED].
24. Transfer of the Property; Assumption.
Page 23: [6] Deleted
Chad Lee 8/25/2016 5:24:00 PM
Establishment/Face Amount/Purpose/Expiration Date/Transferability
We hereby establish/issue/open, at the request of the Applicant/Account Party, Irrevocable
Standby Letter of Credit No. in an amount not to exceed Twelve Thousand, Five Hundred
Dollars and no Cents ($12,500.00). The purpose of this letter is to secure the Applicant/Account Party's
performance of and compliance with the agreement between Applicant/Account Party and Beneficiary,
dated and titled ("Subdivision
Improvements Agreement"). This Letter of Credit expires at Bank, at p.m.
Mountain Standard Time on , 20 . This letter is not transferable.
Partial Releases
Partial draws are [are not] permitted. The BOCC may [may not] authorize periodic reductions in
the face amount of this Letter of Credit [If Bank requires Reduction Certificates: and, if so authorized, the
revised face amount of the Letter of Credit shall be evidenced by a separate Reduction Certificate,
approved and executed by the BOCC or the BOCC's authorized representative].
Conditions for Payment to Beneficiary
Drafts submitted by Beneficiary must be accompanied by the following documents:
Beneficiary's signed statement executed by the Chairman of the BOCC or the BOCC's
authorized designee stating:
developer of Subdivision [PUD] is in default of its obligations set forth in that certain
Subdivision Improvements Agreement between and the
BOCC, dated , and recorded as Reception Number
in Book at Page of the Real Estate
Records of the Office of the Garfield County Clerk and Recorder.
The original Letter of Credit, endorsed on the reverse side with the words: "Drawn by the Board
Page 23: [7] Deleted
Chad Lee 8/25/2016 5:24:00 PM
in the amount of $ ," manually signed by the Chairman or the
BOCC's authorized representative.
Fax of the Draw Documents is acceptable to our Fax No. . If presentation is made
by fax, prompt phone notification must be given to
(telephone no.), or
(telephone no.). The fax presentation shall be deemed the original
presentation. In the event of a full or final drawing the original standby Letter of Credit must
be returned to bank by overnight courier at the time of fax presentation.
Cancellation
This Letter of Credit and amendments, if any, must be returned to us for cancellation by
Applicant/Account party with a statement signed by the Beneficiary stating: "This Letter of Credit is no
longer required by the BOCC and is hereby returned to the issuing bank for cancellation."
Issuer's Undertaking
We hereby agree to honor each draft drawn under and in compliance with the terms of this Letter
of Credit if presented, together with the documents above specified, to (name) Bank,
(street address) (city/town) , Colorado, on or before the date of
expiration identified above. This letter is issued subject to the Uniform Customs and Practices for
Documentary Credit ( Revision), International Chamber of Commerce Publication Number 600
and the Uniform Commercial Code at C.R.S. § 4-1-101 et seq., as amended.
The laws of the State of Colorado shall govern the validity, interpretation, performance and enforcement
of this Letter of Credit, and mandatory exclusive venue for any judicial proceeding pertaining to this Letter
of Credit shall be in a court of competent jurisdiction in
Page 23: [8] Deleted
Chad Lee 8/25/2016 5:24:00 PM
By
Name
Title
Bank
THIS ISA FORM DOCUMENT. BANKS USE DIFFERENT FORMATS AND DIFFERENT TERMS TO IDENTIFY ISSUER, APPLICANT AND BENEFICIARY.
ASK YOUR BANK TO ADDRESS THE MATTERS IDENTIFIED ABOVE: Establishment, Face Amount, Purpose, Expiration Date, Transferability,
Partial/Single Releases, Conditions for Payment to Beneficiary, Cancellation, Issuer's Undertaking AND TO SPECIFY WHETHER OR NOT PARTIAL
RELEASES OF THE LETTER OF CREDIT, IF ALLOWED, REQUIRE THE USE OF REDUCTION CERTIFICATES.
LETTERS OF CREDIT ARE HELD IN THE CUSTODY OF THE GARFIELD COUNTY TREASURER. ADDRESS QUESTIONS RELATED TO PARTIAL OR FULL
RELEASE, HOWEVER, TO THE BUILDING AND PLANNING DEPARTMENT.
EXHIBIT D
REQUEST FOR PARTIAL RELEASE OF SECURITY
Board of County Commissioners
Garfield County, Colorado
c/o Director of Community Development
108 8th 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 Subdivision,
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 reduction in the principal amount of
and release lots from the Deed of Trust are appraised
cumulatively at $
Attached is the certified original cost estimate and work completed schedule, showing:
Engineer's 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/Engineer
B&G
BALc0MB & GREEN, Pc
A FULL SERVICE LAW FIRM SINCE 1953
Chad J. Lee, Esq.
Office Ph: (970) 945-6546
Facsimile (970) 945-8902
clee@balcombgreen.com
July 15, 2016
VIA HAND DELIVERY TO:
David Pesnichak, Senior Planner
Garfield County Community Development Department
108 8th Street, Suite 401
Glenwood Springs, CO 81601
Re: Pinyon Mesa Subdivision Filing 2; Final Plat Application
Dear David:
Below is supplementary information in response to your completeness review letter dated
July 7, 2016. Please let me know if you need any additional materials.
1. Resolution 2007-04 contains Conditions of Approval 2-19 that need to be addressed
as a part of the application. Please provide a response to each of these conditions
along with any requested or supporting documentation.
Response: This application is for Phase 2 of the subdivision, which includes the remaining 32
lots within Pinyon Mesa. Currently, PMGC2, LLC is the owner of all of the real property known
as Pinyon Mesa, Filing 2. The development was preliminarily approved via Resolution 2007-04,
which contained several conditions of approval. Applicant will comply with all conditions of
approval. Specifically, responses to conditions 2-19 are below.
Resolution 2007-04 Conditions of Approval 2-19
2. All internal roads shall be designed to have to have a road surface of at least two 12 foot
driving lanes with curb and gutter throughout the subdivision with a minimum right of way of
50 feet. Such design of the internal road system shall be consistent with the design proposed
to the BOCC in the Preliminary Plan.
Mailing Address:
P.O. Drawer 790
Glenwood Springs, CO 81602
www.balcombgreen.com
Glenwood Springs Office:
818 Colorado Avenue
Glenwood Springs, CO
(970) 945-6546
Aspen Office:
0133 Prospector Road, Ste. 4102E
Aspen, CO 81611
(970) 920-5467
B&G
BALCOMB & GREEN, pc
A FULL SERVICE LAW FIRM SINCE 1953
Chad J. Lee, Esq.
Re: Pinyon Mesa Subdivision
Filing 2
July 15, 2016
Page 2 of 6
Pinyon Mesa Drive and Paintbrush Way are designed with a 22 -foot asphalt surface
between curb and gutters for a total driving surface of 24 -feet curb to curb. The right of way is
50 feet wide.
3. The length of the cul-de-sac represented as Pinyon Mesa Drive shall be allowed to be designed,
as shown, to 900 linear feet and the bulb at the end of the cul-de-sac may remain as designed
with a landscaped island in the middle.
4.
Applicant agrees to this condition.
The Applicant shall furnish a design and specifications for the secondary emergency point at
the end of Paintbrush Way that indicates the ability to handle large / emergency vehicles and
methods of break -away gates or other appropriate mechanism to deter use unless for
emergency. This shall be prepared and provided prior to final plat.
The emergency access road, Paintbrush Way, which is the subject of this condition, is
platted and designed as part of Phase 2. Refer to the Final Plat and Construction Drawings
-include in this application.
/ 5. Applicant shall obtain a driveway access permit for both the main entrance into the project and
�C' for the secondary emergency access point onto CR 114. These shall be obtained prior to final
t (T lat.
b- An existing access and gate for the Spring Valley Sanitation District lift station access is
�otl cli located at the same spot as the Emergency Access Road, Paintbrush Way. This application
% constitutes proper notice for the driveway access permit application.
6. The Applicant shall install a stop sign at each entrance to CR 114. The signs, posts and location
shall be as required by the MUTCD (Manual on Uniform Traffic Control Devices). An
intersection sign shall be placed on both sides of the main entrance to the subdivision alerting
uphill and downhill traffic to the entrance. The signs, posts and installation shall be as required
in the MUTCD (Manual on Uniform Traffic Control Devices).
These signs were installed as part of the Filing 1 construction.
7. Pursuant to the suggestions by the Road and Bridge Department in Exhibit M, the Applicant
may either 1) construct a right-hand turn lane on the uphill lane to the main entrance to the
subdivision and be reimbursed by the total amount of Traffic Impact Fees required by the
B&G
BALCOMB & GREEN, PC
A FULL SERVICE LAW FIRM SINCE 1953
Chad J. Lee, Esq.
Re: Pinyon Mesa Subdivision
Filing 2
July 15, 2016
Page 3 of 6
Development (approximately $150, 000.00) or 2) choose not to construct the improvement and
only pay the Traffic Impact Fee.
The right turn lane was designed and constructed with Filing 1.
8. he Applicant shall pay the appropriately calculated Traffic Impact Fee for Study Area 10 which
results in a fee of approximately $149,292.00. Only half of this fee (approximately $74,646.00)
is required to be paid at Final Plat with the remaining half to be amortized by way of individual
building permits as the project develops over time.
Phase 2 isxesponsible foii 40% (32/80) of the total fee, which amounts to $59,716.80. Only
half of thi(fee ($29,858.40)s due at the time of Final Plat, with the remaining half to be
amortized by 1n 1Vd al building permits as the project develops over time. Applicant
is prepared to tender the amount due ($29,858.40) at the time of approval of the Final Plat in
accordance with the Garfield County Land Use and Development Code.
The Applicant shall cause the conveyance of the School Parcel by deed to the RE -1 School
District prior to Final Plat or pay the appropriately calculated School Land Dedication Fee
pursuant to the Subdivision Regulations.
The School Parcel was conveyed to the School District by that certain deed recorded at
Reception No. 723310 in accordance with Section 30-28-133(4). Therefore, this condition has
been satisfied (See also, Pinyon Mesa Filing 1 SIA, recorded as Reception No. 734760,
Paragraph 10).
]10. All development of this property shall follow the recommendations of the Colorado State Forest
Service as stated in their letter dated August 28, 2006. (attached as Exhibit N to the StaffReport)
which shall be incorporated into the CCRs as a requirement of the BOCC particularly as they
relate to lots 17-20, 36-48, 66-72 and lots 59-65.
The recommendations have been incorporated into the CCRs.
11. The Applicant shall pay in full the fire impact fee of $437 per dwelling unit to Carbondale Fire
Protection District at the time of Final Plat. (This fee shall be $34,960.00).
The attached application is for Phase 2 of Pinyon Mesa, comprised of 32 lots. This Phase
reg_ujreyment of a proportionate amount of the fire impact fees ($437 x 32 UNITS) of
($13,984.00) Applicant will pay this amount upon approval, or as otherwise required by the
'County in accordance with the Garfield County Land Use and Development Code.
BALCOMB & GREEN, Pc
A FULL SERVICE LAW FIRM SINCE 1953
Chad J. Lee, Esq.
Re: Pinyon Mesa Subdivision
Filing 2
July 15, 2016
Page 4 of 6
I12. The Applicant shall incorporate the recommendations contained in the "Wildlife Analysis /
Impact and Mitigation Report" prepared by Rocky Mountain Ecological Services, Inc.
contained in the Application and shall be included as a component in the CCRs.
The recommendations have been incorporated into the CCRs.
13. Prior to Final Plat submittal, the Applicant shall meet with the DOW in order to prepare an
Elk Management Plan due to the amount of critical wintering habitat being eliminated with
development.
\Y\
{e
This was completed as part of Filing 1.
,14. The Applicant shall cause the open space tracts to be deeded to the Homeowners Association
as part of the Final Plat.
This will be accomplished by the language on Page 1 of the Final Plat.
15. The Applicant shall provide a security for revegetation in the amount to be determined by the
`- County Vegetation Manager (based on disturbed acreage) for all areas to be disturbed in
connection with the final plat and the obligations of said security which security shall be
incorporated in to Subdivision Improvements Agreement. The security shall be held by Garfield
County until vegetation has been successfully re-established according to the Reclamation
Standards in the Garfield County Vegetation Management Plan.
The disturbed area is estimated to be 5 acres. The Applicant proposed to provide a Letter
of Credit in the amount of $2,500.00 per acre for revegetation or $12,500.00.
16. The Applicant shall provide a Soil Management Plan that includes 1) provisions for salvaging
on-site topsoil, 2) a timetable for eliminating topsoil and or/ aggregate piles, and 3) a plan that
provides for soil cover if any disturbances or stockpiles will sit exposed for a period of 90 days
or more. The Applicant shall prepare this plan to be submitted with the final plat documents
so that the County can review prior to final plat approval.
A Soil Management Plan is included within the Construction Plans included in this
application. The topsoil and aggregate piles will be eliminated during the 2017 construction
season. Plan notes and specifications require temporary mulching is required for all
disturbances and stockpiles exposed for > 90 days.
BALCOMB & GREEN, PC
A FULL SERVICE LAW FIRM SINCE 1953
Chad J. Lee, Esq.
Re: Pinyon Mesa Subdivision
Filing 2
July 15, 2016
Page 5 of 6
/17. The Applicant shall follow all of the recommendations provided in the geotechnical analysis
prepared by HP Geotech (reports in the Application and Exhibit S to the Staff Report) as well
as follow the recommendations provided by the Colorado Geologic Survey in their letter dated
August 30, 2006 also attached as Exhibit J to the staff report.
The attached construction plans and specifications incorporate HP and CGS comments.
,✓ 18. All easements of record shall be shown on the Final Plat.
All existing and proposed easements are shown on the Final Plat.
19. The Applicant shall include the six points provided in the letter from the Bureau of Land
Management dated August 22, 2006 (and attached to the Staff report as Exhibit P) in the CCRs
to place residents in the PUD on notice of these issues. The CCRs shall be provided as part of
the Final Plat submittal.
The recommendations have been incorporated into the CCRs.
i20. The following plat notes shall be placed on the final plat.
All of the indicated notes appear on Page 1 of the Final Plat documents.
2. Please provide a fully completed, but not executed, SIA with exhibits and
engineering costs.
Response: Enclosed is a fully completed draft SIA with exhibits and engineering costs. Please
note that Applicant still intends to discuss alternatives to the LOC requirement as permitted by
the Garfield County Land Use and Development Code including, for example, an escrow
account with a title company. Applicant will follow up with the County Attorney's office for
further discussions on this issue.
3. Per review of the Plat for conformance with Section 5-402(F) the following items
need to be corrected on the Plat:....
Response: Enclosed is a revised plat incorporating all of these items.
Thank you very much for your attention to this Application. As always, we look forward
to working with you to process this request.
BSG
BALCOMB & GREEN, Pc
A FULL SERVICE LAW FIRM SINCE 1953
Chad J. Lee, Esq.
Re: Pinyon Mesa Subdivision
Filing 2
July 15, 2016
Page 6 of 6
Very truly yours,
BALCOMB & GREEN, P.C.
By:
CJL/bc
Encls.
xc: Ronald Norman
Chad J.
B&G
BALCOMB & GREEN, PC
A FULL SERVICE LAW FIRM SINCE 1953
Chad J. Lee, Esq.*
Telephone (970) 945-6546
clee@balcombgreen.com
*Licensed in CO, WY, and the
U.S. Patent and Trademark Office
September 6, 2016
VIA HAND DELIVERY TO:
David Pesnichak, Senior Planner
Garfield County Community Development Department
108 8th Street, Suite 401
Glenwood Springs, CO 81601
Re: Pinyon Mesa Subdivision Filing 2; Final Plat Application
Dear David:
Please find enclosed the following items:
1. Pinyon Mesa Filing 2 Subdivision Improvements Agreement with all Exhibits which has
been executed by Ronald Norman on behalf of PMGC 2, LLC;
2. Three checks made out to the following entities:
a. Check #1003 made payable to the Garfield County Treasurer in the amount of
$12,500.00 regarding the re -vegetation security;
b. Check #1004 made payable to the Garfield County Treasurer in the amount of
$29,858.40 regarding 50% of the Road Impact Fee; and
c. Check #1006 made payable to the Garfield County Treasurer in the amount of
$125.00 regarding the Treasurer's Service Fee. We have also attached the executed Garfield
County Treasurer's Deposit Agreement, Pinyon Mesa Phase 2 Revegetation.
3. The Agreement Restricting Transfer of Lots executed by Ronald Norman on behalf of
PMGC 2, LLC; and
4. Mylar of the Final Plat of Pinyon Mesa, Filing 2 that has been executed by all parties except
the Chairman of the Board of County Commissioners and the Clerk and Recorder. Also enclosed is a check
made payable to the Garfield County Clerk and Recorder in the amount of $31.00 for recording the Final
Plat.
Basalt Office:
211 Midland Avenue, Ste. 201
Basalt, CO 81621
Glenwood Springs Office:
818 Colorado Avenue
Glenwood Springs, CO 81601
Aspen Office:
0133 Prospector Road, Ste. 4102E
Aspen, CO 81611
Mail to: P.O. Box 790, Glenwood Springs, CO 81602 • (970) 945-6546 • www.balcombgreen.com
B G
BALCOMB & GREEN, PC
A FULL SERVICE LAW FIRM SINCE 1953
David Pesnichak
September 6, 2016
Page 2 of 2
We have submitted payment to the Carbondale & Rural Fire Protection District in the amount of
$23,360.00 and have signed a Fire Impact Fee Agreement. We will forward you a receipt as it becomes
available. Thank you very much for your attention to this Application.
Very truly yours,
BALCOMB & GREEN, P.C.
By:
CJL/bc
Encls.
xc: Ronald Norman
PINYON MESA FILING 2 SUBDIVISION
IMPROVEMENTS AGREEMENT
THIS PINYON MESA FILING 2 SUBDIVISION IMPROVEMENTS
AGREEMENT ("Agreement") is made and entered into this day of
, 2016, by and between PMGC 2, LLC, a Texas limited liability company
("Owner") and the BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY,
COLORADO, 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, 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 II consisting of thirty-
two (32) lots ("Preliminary Plan Approval"); and
WHEREAS, on , the Final Plat of Phase I of the Subdivision was
recorded as Reception No. , 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 for its approval a final subdivision
plat ("Final Plat") for the second filing of the Subdivision, comprising thirty-two (32)
single-family residential 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:
1. 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 Improvements 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 June 28, 2016,
attached as Exhibit A-1 and the estimate of cost of completion, certified by and
bearing the stamp of Owner's professional engineer licensed in the State of Colorado
("Owner's Engineer"), attached as Exhibit A-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;
iii. All laws, regulations, orders, resolutions and requirements of the State
of Colorado, Garfield County, and all special districts and any other governmental or
quasi -governmental authority(ies) with jurisdiction; and
iv. The provisions of this Agreement.
b. Satisfaction of Subdivision Improvements Provisions. 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 terms and conditions of the Garfield County zoning and subdivision
regulations, with respect to the installation of Improvements.
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 10% of the estimated costs and as approved by the BOCC), minus
the cost of Improvements already completed as of the date of execution 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 which finds that all
Lots within the Subdivision range in value from $ to $ . For purposes of this
Agreement, the parties shall stipulate that all lots within the Subdivision shall have a
value of $ . 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 B ("Restrictive Covenant") encumbering and
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 substantially in a form
acceptable to the BOCC, attached to and incorporated in this Agreement by reference as
Exhibit C, in the amount of $12,500 from the Owner to the BOCC ("Revegetation TDA").
The Revegetation TDA shall be valid for a minimum of two (2) years 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 Weed Management Plan 2000, adopted by Resolution No. 2002-94
and recorded in the Office of the Garfield County Clerk and Recorder as Reception
No. 580572, at Book 1251, Page 566, as amended, and the
Revegetation/Reclamation 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.
iii. If the Vegetation Management Department refuses approval and
provides written notice of deficiency(ies), the Owner shall cure such deficiencies by
further revegetation efforts, approved by the Vegetation Management Department,
as such may be instituted within the two years following recording of the Final Plat.
iv. If revegetation efforts are deemed unsuccessful within the two year
period of time, in the sole discretion of the BOCC upon the recommendation of the
Vegetation Management Department, or if the BOCC determines 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 of Revegetation 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 cure any identified deficiency
prior to requesting payment from the Revegetation TDA or filing a civil action.
vi. It is specifically understood that the Revegetation TDA is not subject
to successive partial releases, as authorized in subparagraph 3(d) below. Further, the
Revegetation TDA, 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 D, 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 [Insert County Representative, at (970) 945-
1. Notwithstanding the foregoing, upon submission of the Owner's Written Request
for Partial Release of Security, 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 five (5) 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 determines 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 five (5) days of submission of Owner's Written Request for Partial Release of
Security accompanied by Owner's Engineer's Certificate of Completion of
Improvements.
iii. 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 five (5) 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) days after completion of such
investigation.
e. BOCC Completion of Improvements. If the BOCC finds, within the five
(5) day period of time, defined in subparagraph 3 (e)(iv) above, that the Improvements are
not complete, or if the BOCC determines 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.
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 instruments 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 E, 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(g).
ii. Notwithstanding the foregoing, upon Owner's Written Request for
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(e) above shall be followed.
iii. 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 after completion of such
investigation. If necessary, the BOCC may complete remaining Improvements in
accordance with process outlined in Paragraph 3(0 above.
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 rights-of-way 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-of-way within the Subdivision.
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 otherwise agreed to with the public utility company(ies).
The BOCC shall not be obligated for the maintenance, repair and upkeep of any utility
easements within the Subdivision. In the event a utility company, whether publicly or
privately owned, requires separate conveyance by deed or otherwise, 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 has 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
t o the Roaring Fork School District RE -1 has been recorded at Reception No. 723310 in
Book 1926, at Page 0592, 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;
and.
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
Chief, including fire hydrants at the locations agreed upon between Owner and the District,
shown on the Final Plat of the Subdivision; and
b. Pay an impact fee to the District of $437 per dwelling unit at the time of
Final Plat. For this Filing 2, the fee shall be $13,984.00.
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 F, 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 permits 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 title
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.
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 permitted 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:
Ronald Norman, Manager
PMGC 2, LLC
265 Ponderosa Pass
Carbondale, CO 81623
With Copy to: Chad J. Lee, Esq.
BOCC:
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 information, 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
of which 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 for 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.
IN WITNESS WHEREOF, the parties have signed this Agreement to be effective
upon the date of Final Plat Approval for the Subdivision.
OWNER:
PMGC 2, LLC,
a Texas limited liability company
By:
Ronald Norman, Manager
BOARD OF COUNTY COMMISSIONERS
FOR THE COUNTY OF GARFIELD,
STATE OF COLORADO
By:
Print Name:
Title: Chairman
ATTEST:
Jean Alberico, Clerk and Recorder
Garfield County, Colorado
STATE OF )
) ss.
COUNTY OF )
Subscribed and sworn to before me by Ronald Norman as Manager of PMGC 2, LLC, a
Texas limited liability company.
WITNESS my hand and official seal.
My commission expires:
Notary Public
Exhibit A-1 — Construction Plans
Exhibit A-2 — Engineer's Estimate of Costs
EXHIBIT B
AGREEMENT RESTRICTING TRANSFER OF LOTS
THIS AGREEMENT RESTRICTING TRANSFER OF LOTS ("Agreement") is entered
into this day of , 2016 by PMGC 2, LLC ("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 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 completed 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:
ARTICLE 1
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
"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
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,
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.
ARTICLE 2
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:
PMGC 2, 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
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.
IN WITNESS WHEREOF, the parties hereto have executed this Deed
Restriction on the day and year first written above.
OWNER:
PMGC 2, 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:
Notary Public
BOARD OF COUNTY COMMISSIONERS
FOR THE COUNTY OF GARFIELD,
STATE OF COLORADO
By:
Print Name:
Title: Chairman
ATTEST:
Jean Alberico, Clerk and Recorder
Garfield County, Colorado
EXHIBIT A
LEGAL DESCRIPTION
EXHIBIT C
GARFIELD COUNTY TREASURER'S DEPOSIT AGREEMENT
Pinyon Mesa Phase 2 REVEGETATION
Owner: PMGC 2, LLC
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, Georgia
Chamberlain ("Treasurer"), and PMGC 2, LLC ("Owner").
Recitals
The BOCC approved the Owner's Application for a Grading Permit for the Pinyon 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. Pinyon Mesa Phase 2 Revegetation Treasurer's Account. Owner shall deposit with the
Treasurer the sum of Twelve 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 Revegetation 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 Pinyon 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 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.
b.
c.
d.
e.
f.
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.
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.
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.
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 Planning Department. The Request
for Disbursement shall be accompanied by an approval statement from the
Garfield County Vegetation Management Department.
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".
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 Pinyon Mesa Phase 2 Revegetation 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
revegetation 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 is due Owner. If the cost of the revegetation to the BOCC is
less than the amount available, the BOCC shall return the overage to Owner
within a reasonable period of time following completion by the BOCC.
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 claim against the Treasurer involving 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 Revegetation 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
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.
Mail or receipted delivery service to:
BOCC
c/o Community Development Department
attn: Director
108 8th Street, 4th Floor
Glenwood Springs, CO 81601
Garfield County Treasurer
Georgia Chamberlain
109 8th Street, Suite 204
Glenwood Springs, CO 81601
Owner:
PMGC 2, 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.
ATTEST:
BENEFICIARY:
BOARD OF COUNTY COMMISSIONERS
GARFIELD COUNTY, COLORADO
By:
Clerk to the Board John Martin, Chairman
Date:
By:
Georgia Chamberlain, Treasurer
DEPOSITOR/OWNER:
DEPOSIT HOLDER:
GARFIELD COUNTY TREASURER
Date:
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.
Cash
; or
Form W-9:
Received
By:
Print Name:
Title:
Date:
Office of the Treasurer
Form 1099 shall be sent to:
Notary Public
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 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
BOARD OF COUNTY COMMISSIONERS
ATTEST: OF GARFIELD COUNTY, COLORADO
By:
Clerk to the Board John Martin, Chairman
Date:
EXHIBIT E
REQUEST FOR FINAL RELEASE OF TRANSFER RESTRICTION
Board of County Commissioners
Garfield County, Colorado
c/o Director of Building and Planning
108 8th 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 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 all
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 homeowner's 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
EXHIBIT F
PINYON MESA FILING 2
SUBDIVISION IMPROVEMENTS AGREEMENT
NOTICE REGARDING BUILDING PERMITS
AND CERTIFICATES OF OCCUPANCY
TO: ALL PURCHASERS OF HOME SITES WITHIN PINYON MESA FILING 2
YOU ARE HEREBY NOTIFIED under applicable Garfield County regulations, you may not
commence construction of a residence within unincorporated Garfield County, including within the
Pinyon 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 Pinyon Mesa
Development, Inc., Garfield County will not issue building permits for property in Pinyon 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-technical study, completed by a registered Geo -Technical 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
building 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 Pinyon 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 Pinyon Mesa Development, Inc. and until radon gas testing has been completed.
Owner/Subdivider:
PMGC 2, LLC
By
Ronald Norman, Manager
PINYON MESA FILING 2 SUBDIVISION
LOCATED IN THE LOS AMIGOS PUD
SUBDIVISION IMPROVEMENTS AGREEMENT
THIS PINYON MESA FILING 2 SUBDIVISION ("Pinyon Mesa" or
"Subdivision"), located in the Los Amigos PUD, SUBDIVISION IMPROVEMENTS
AGREEMENT ("Agreement") is made and entered into this day of
, 2016, by and between PMGC 2, LLC, a Texas limited liability company
("Owner") and the BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY,
COLORADO, 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, Owner is the owner and developer of the Pinyon Mesa Filing 2
Subdivision, which property is depicted on the Final Plat of Pinyon Mesa Subdivision ("Final
Plat" or "Final Plat of the Subdivision"); and
WHEREAS, on February 5, 2007 the BOCC, by Resolution No. 2007-04, approved
a preliminary plan for the Subdivision which, among other things, would create eighty (80)
single-family residential lots ("Preliminary Plan Approval"); and
WHEREAS, Owner has submitted to the County for its approval a final subdivision
plat ("Final Plat") for the second filing of the subdivision, comprising thirty-two (32)
single-family residential lots; 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:
1. 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 Improvements 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 June 28, 2016;
the estimate of cost of completion, certified by and bearing the stamp of Owner's
professional engineer licensed in the State of Colorado ("Owner's Engineer"),
attached to and made a part of this Agreement by reference as Exhibit "A"; 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;
iii. All laws, regulations, orders, resolutions and requirements of the State
of Colorado, Garfield County, and all special districts and any other governmental or
quasi- governmental authority(ies) with jurisdiction; and
iv. The provisions of this Agreement.
b. Satisfaction of Subdivision Improvements Provisions. The BOCC agrees that
if all Improvements are installed in accordance with subparagraphs 2. a.i. through 2.d.iv.,
above; the record drawings to be submitted upon completion of the Improvements as
detailed in paragraph 3.e., below; and all other requirements of this Agreement, then the
Owner shall be deemed to have satisfied all terms and conditions of the Garfield County
zoning and subdivision regulations, with respect to the installation of improvements.
3. SECURITY FOR IMPROVEMENTS.
a. Letter of Credit. As security for Owner's obligation to complete the
Improvements, 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, one or more
Letters of Credit in the form agreed to be acceptable to the BOCC, attached to and
incorporated in this Agreement by reference as Exhibit "B" ("LOCs"), or such other form
consistent with the Uniform Commercial Code and acceptable to the BOCC. The LOC(s)
shall be in the amount of $1,042,640.50, representing the full estimated cost of completing
the Improvements, including a sufficient contingency to cover cost changes, unforeseen
costs and other variables (not less than 10% of the estimated costs and as approved by the
BOCC), minus the cost of Improvements already completed as of the date of execution of
this Agreement, for a total of $1,042,640.50, as set forth and certified by Owner's Engineer
on Exhibit "A", to guarantee completion of the remaining Improvements.
b. Revegetation Security. Revegetation of disturbed areas in the Subdivision
shall be secured by delivery of a Letter of Credit in a form acceptable to the BOCC, attached
to and incorporated in this Agreement by reference as Exhibit "C", in the amount of $12,500
from the Owner to the BOCC ("Revegetation LOC"). The Revegetation LOC shall be
valid for a minimum of two (2) years 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 Weed Management Plan 2000, adopted by Resolution No. 2002-94
and recorded in the Office of the Garfield County Clerk and Recorder as Reception
No. 580572, at Book 1251, Page 566, as amended, and the
Revegetation/Reclamation 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 LOC, 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.
iii. If the Vegetation Management Department refuses approval and
provides written notice of deficiency(ies), the Owner shall cure such deficiencies by
further revegetation efforts, approved by the Vegetation Management Department,
as such may be instituted within the two years following recording of the Final Plat.
iv. If revegetation efforts are deemed unsuccessful within the two year
period of time, in the sole discretion of the BOCC upon the recommendation of the
Vegetation Management Department, or if the BOCC determines that the Owner will
not or cannot complete revegetation, the BOCC may withdraw and employ from the
Revegetation LOC such funds as may be necessary to carry out the revegetation
work, up to the amount of Revegetation LOC.
v. In lieu of or in addition to drawing on the Revegetation LOC, 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 cure any identified deficiency
prior to requesting payment from the Revegetation LOC or filing a civil action.
vi. It is specifically understood that the Revegetation LOC is not subject
to successive partial releases, as authorized in subparagraph 3(d) below. Further, the
Revegetation LOC, and the BOCC's associated right to withdraw funds and bring a
court action, may survive final release of the LOC(s) and/or termination of this
Agreement.
c. LOC Requirements. The LOC(s) required by this Agreement shall be issued
by a state or national banking institution acceptable to the BOCC. If the institution issuing
the LOC(s) is not licensed in the State of Colorado and transacting business within the State
of Colorado, the LOC(s) shall be "confirmed" within the meaning of the Uniform
Commercial Code, Letters of Credit, §4-5-101 et seq., C.R.S., as amended, by a bank that is
licensed to do business in the State of Colorado, doing business in Colorado, and acceptable
to the BOCC. The LOC(s) shall state that presentation of drafts drawn under the LOC(s)
shall be at an office of the issuer or confirmer located in the State of Colorado. The
LOC(s) shall be valid for a minimum of six (6) months beyond the completion date for the
Improvements set forth herein and, as to the Revegetation LOC, a minimum of two (2) years
following recording of the Final Plat. If the time for completion of Improvements, including
revegetation, is extended by a written amendment to this Agreement, the time period for
the validity of the LOC(s) shall be similarly extended by the Owner. For each six (6)
month extension, the face amount of the LOC(s), including the Revegetation LOC, at the
sole option of the BOCC, shall be subject to recertification of cost of completion by Owner's
Engineer and review by the BOCC for a possible increase in the face amount of the LOC, in
order to assure sufficiency of the amount of security to allow possible completion of the
Improvements by the BOCC under terms of this Agreement. Additionally, should the
LOC(s) become void or unenforceable for any reason, including bankruptcy of the Owner
or the financial institution issuing or confirming the LOC, prior to the BOCC's approval of
Owner's Engineer's certification of completion of the Improvements, this Agreement shall
become void and of no force and effect and the Final Plat shall be vacated pursuant to the
terms of this Agreement.
d. Partial Releases of Security. Owner shall request partial release(s) of the
LOC(s) by means of submission to the Building and Planning Department of a "Written
Request for Partial Release of LOC," in the form attached to and incorporated herein as
Exhibit "D," 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 LOC(s) 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.
e. BOCC's Investigation. Notwithstanding the foregoing, upon submission
of the Owner's Written Request for Partial Release of LOC, 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) days of submission of Owner's Written Request for Partial
Release of LOC 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 determines 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) days of submission of Owner's Written Request for Partial
Release of LOC accompanied by Owner's Engineer's Certificate of Completion of
Improvements.
iii. 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 (30) days from the date of
the letter to complete the initial investigation, begun under subparagraph 3.b.iii.,
above, 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) days after completion of such
investigation.
f. BOCC Completion of Improvements. If the BOCC finds, within the thirty
(30) day period of time, deemed in subparagraph 3 (e)(iv) above, that the Improvements
are not complete, or if the BOCC determines 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 LOC, the BOCC may withdraw and employ from the LOC(s) such funds as
may be necessary to construct the Improvements in accordance with the specifications, up
to the face amount, or remaining face amount, of the LOC(s). In such event, the BOCC
shall make a written finding regarding Owner's failure to comply with this Agreement prior
to requesting payment from the LOC(s). In lieu of or in addition to drawing on the
LOC(s), the BOCC may bring an action for injunctive relief or damages for the Owner's
failure to adhere to the provisions of this Agreement. The BOCC shall provide the Owner
a reasonable time to cure any identified deficiency(ies) prior to requesting payment from the
LOC(s) or filing a civil action.
g. Final Release of Security. 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 instruments 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 LOC, in the form attached to and incorporated herein as Exhibit "E," along with
Owner's Engineer's Certificate of Final Completion of Improvements.
i. The BOCC shall authorize a final release of the LOC(s) 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 fords 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 LOC
accompanied by the other documents required by this paragraph 3(g).
ii. Notwithstanding the foregoing, upon Owner's Written Request for
Final Release of LOC 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(e) above shall be followed.
iii. 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 after completion of such
investigation. If necessary, the BOCC may complete remaining Improvements in
accordance with process outlined in Paragraph 3(f) above.
h. Substitution of Letter of Credit. The BOCC, at its sole opinion, may permit
the Owner to substitute collateral other than a LOC, in a form acceptable to the BOCC, for
the purpose of securing the completion of the Improvements.
i. Recording of Final Plat. The Final Plat of the Subdivision shall not be
recorded until 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. If a third party water or sewer entity requires
warranty of the system(s), Owner shall provide proof to the BOCC that such warranty is in
effect.
5. PUBLIC ROADS. All roads within the Subdivision shall be dedicated to
the public as public rights-of-way. Road rights-of-way 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-of-way within the Subdivision.
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 otherwise agreed to with the public utility company(ies).
The BOCC shall not be obligated for the maintenance, repair and upkeep of any utility
easements within the Subdivision. In the event a utility company, whether publicly or
privately owned, requires separate conveyance by deed or otherwise, Owner shall also
convey utility easements by separate document.
7. CONVEYANCE OF OPEN SPACE AND ROAD RIGHTS-OF-
WAY/WATER SUPPLY SYSTEM/WASTEWATER COLLECTION SYSTEM. The
Water Supply System and Wastewater Collection System(s) shall be conveyed by deed at
the time of Final Plat Approval and shall be recorded following recordation of the Final Plat
of the Subdivision.
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 has 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 -1 has been recorded at Reception No. 723310 in
Book 1926, at Page 0592, 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;
and.
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
Chief, including fire hydrants at the locations agreed upon between Owner and the District,
shown on the Final Plat of the Subdivision; and
b. Pay an impact fee to the District of $437 per dwelling unit at the time of
Final Plat. For this Filing 2, the fee shall be $13,984.00.
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 residence or other habitable structure requiring a permit, and any structures
requiring building permits on the Open Space/Common Area parcels to be constructed
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 "F," 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 12 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 permits 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 title
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.
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 permitted 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 Norman, Manager
PMGC 2, 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 information, 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
of which 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 for 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.
IN WITNESS WHEREOF, the parties have signed this Agreement to be effective
upon the date of Final Plat Approval for the Subdivision.
OWNER:
PMGC 2, LLC,
a Texas limited liability company
By:
Ronald Norman, Manager
BOARD OF COUNTY COMMISSIONERS
FOR THE COUNTY OF GARFIELD,
STATE OF COLORADO
By:
Print Name:
Title: Chairman
ATTEST:
Jean Alberico, Clerk and Recorder
Garfield County, Colorado
STATE OF )
) ss.
COUNTY OF )
Subscribed and sworn to before me by Ronald Norman as Manager of PMGC 2, LLC, a
Texas limited liability company.
WITNESS my hand and official seal.
My commission expires:
Notary Public
Exhibit A
Pinyon Mesa Phase II
Public Improvements Cost Estimate
Unit
1 Lump sum
2 Cubic Yard
3 Cubic Yard
4 Cubic Yard
5 Ton
6 Ton
7 Linear foot (LF)
8 Square feet
9 Each
10 LF
11 LF
12 Each
13 Cubic Yard
14 Each
15 LF
16 LF
17 Each
18 Each
19 Each
20 LF
21 Each
22 Each
23 Each
24 Each
25 Lump sum
26 LF
27 Each
Description
Mobilization
Road over ex — recompact
Cut Fill
Pit run fill
Class 6 road base
Asphalt pavint
Type 2 curb and gutter
Valley Pans and Fillets
48" FES
ADS N-12 18"
ADS N-12 48"
18" FES
Outlet rip rap
Drain Inlet w/ 2' overex
8" PVC Sewer Pipe
8" Certa_Flo sewer pipe restrain
Sewer Service
Sewer Manholes with 2' overex
Sewer Manholes with Dissipator
8"DIP Water Main
Water Main Fittings
8" Gate Valve with Valve Box
Fire Hydrant Assembly4
Water Service
Erosion Control
Shallow Utility Trenching
Electric Vault Installation
Unit Amount Unit Price
SGM
Total
1 $45,000.00 $45,000.00
12100 $7.00 $84,700.00
2200 $6.00 $13,200.00
4400 $8.00 $35,200.00
1900 $30.00 $57,000.00
1000 $105.00 $105,000.00
4400 $28.00 $123,200.00
1620 $9.00 $14,580.00
2 $600.00 $1,200.00
380 $40.00 $15,200.00
80 $115.00 $9,200.00
3 $300.00 $900.00
60 $60.00 $3,600.00
6 $3,800.00 $22,800.00
665 $35.00 $23,275.00
250 $90.00 $22,500.00
15 $2,600.00 $39,000.00
6 $4,600.00 $27,600.00
1 $4,900.00 $4,900.00
1900 $70.00 $133,000.00
8 $350.00 $2,800.00
3 $2,100.00 $6,300.00
4 $6.200.00 $24,800.00
32 $2,200.00 $70,400.00
1 $12,000.00 $12,000.00
4400 $8.75 $38,500.00
15 $800.00 $12,000.00
ITEM TOTAL $947,855.00
10 % Contingency $94,785.50
TOTAL W/ CONTINGENCY $1,042,640.50
Note:
This cost estimate is an engineer's opinion of probable cost and is not a quotation or bid.
As with any estimate, actual costs may vary due to unforeseen circumstances and market conditions
EXHIBIT B
IRREVOCABLE STANDBY LETTER OF CREDIT
Reference #:
Amount: $1,042,640.50
Date of Issue:
Expiration Date:
BENEFICIARY: Board of County Commissioners of Garfield County ("Beneficiary" or "BOCC")
108 8th Street, Suite 213
Glenwood Springs, CO 81601
ACCOUNT PARTY/Applicant: PMGC 2, LLC, a Texas limited liability company
Establishment/Face Amount/Purpose/Expiration Date/Transferability
We hereby establish/issue/open, at the request of the Applicant/Account Party, Irrevocable
Standby Letter of Credit No. in an amount not to exceed One Million, Forty -Two
Thousand, Six Hundred and Forty Dollars and Fifty Cents ($1,042,640.50). The purpose of this letter
is to secure the Applicant/Account Party's performance of and compliance with the agreement
between Applicant/Account Party and Beneficiary, dated and titled
("Subdivision Improvements Agreement"). This
Letter of Credit expires at Bank, at p.m. Mountain Standard Time
on , 20_. This letter is not transferable.
Partial Releases
Partial draws are [are not] permitted. The BOCC may [may not] authorize periodic
reductions in the face amount of this Letter of Credit [If Bank requires Reduction Certificates: and,
if so authorized, the revised face amount of the Letter of Credit shall be evidenced by a separate
Reduction Certificate, approved and executed by the BOCC or the BOCC's authorized
representative].
Conditions for Payment to Beneficiary
Drafts submitted by Beneficiary must be accompanied by the following documents:
1. Beneficiary's signed statement executed by the Chairman of the BOCC or the BOCC's
authorized designee
stating: , developer of
Subdivision [PUD] is in default of its obligations set forth in that certain Subdivision
Improvements Agreement between and the BOCC,
dated and recorded as Reception Number
in Book at Page of the Real
Estate Records of the Office of the Garfield County Clerk and Recorder.
2. The original Letter of Credit, endorsed on the reverse side with the words: "Drawn by
the Board of County Commissioners of Garfield County, Colorado in the amount of
$ ," manually signed by the Chairman or the BOCC's
authorized representative.
3. Fax of the Draw Documents is acceptable to our Fax No. . If presentation is
made by fax, prompt phone notification must be given to
(telephone no.), or
(telephone no.). The fax
presentation shall be deemed the original presentation. In the event of a full or final
drawing the original standby Letter of Credit must be returned to bank by overnight
courier at the time of fax presentation.
Cancellation
This Letter of Credit and amendments, if any, must be returned to us for cancellation by
Applicant/Account party with a statement signed by the Beneficiary stating: "This Letter of Credit is
no longer required by the BOCC and is hereby returned to the issuing bank for cancellation."
Issuer's Undertaking
We hereby agree to honor each draft drawn under and in compliance with the terms of this
Letter of Credit if presented, together with the documents above specified, to
(name) Bank, (street address) (city/town)
, Colorado, on or before the date of expiration identified above. This letter is issued
subject to the Uniform Customs and Practices for Documentary Credit ( Revision),
International Chamber of Commerce Publication Number 600 and the Uniform Commercial Code at
C.R.S. § 4-1-101 et seq., as amended.
The laws of the State of Colorado shall govern the validity, interpretation, performance and
enforcement of this Letter of Credit, and mandatory exclusive venue for any judicial proceeding
pertaining to this Letter of Credit shall be in a court of competent jurisdiction in Garfield County,
Colorado.
By
Name
Title
Bank
THIS ISA FORM DOCUMENT. BANKS USE DIFFERENT FORMATS AND DIFFERENT TERMS TO IDENTIFY ISSUER, APPLICANT AND
BENEFICIARY.
ASK YOUR BANK TO ADDRESS THE MATTERS IDENTIFIED ABOVE: Establishment, Face Amount, Purpose, Expiration Date, Transferability,
Partial/Single Releases, Conditions for Payment to Beneficiary, Cancellation, Issuer's Undertaking AND TO SPECIFY WHETHER OR NOT
PARTIAL RELEASES OF THE LETTER OF CREDIT, IF ALLOWED, REQUIRE THE USE OF REDUCTION CERTIFICATES.
LETTERS OF CREDIT ARE HELD IN THE CUSTODY OF THE GARFIELD COUNTY TREASURER. ADDRESS QUESTIONS RELATED TO PARTIAL OR
FULL RELEASE, HOWEVER, TO THE BUILDING AND PLANNING DEPARTMENT.
EXHIBIT C
IRREVOCABLE STANDBY LETTER OF CREDIT
Reference #:
Amount: $12,500
Date of Issue:
Expiration Date:
BENEFICIARY: Board of County Commissioners of Garfield County ("Beneficiary" or "BOCC")
108 8th Street, Suite 213
Glenwood Springs, CO 81601
ACCOUNT PARTY/Applicant: PMGC 2, LLC, a Texas limited liability company
Establishment/Face Amount/Purpose/Expiration Date/Transferability
We hereby establish/issue/open, at the request of the Applicant/Account Party, Irrevocable
Standby Letter of Credit No. in an amount not to exceed Twelve Thousand, Five
Hundred Dollars and no Cents ($12,500.00). The purpose of this letter is to secure the
Applicant/Account Party's performance of and compliance with the agreement between
Applicant/Account Party and Beneficiary, dated and titled
("Subdivision Improvements Agreement"). This
Letter of Credit expires at Bank, at p.m. Mountain Standard Time
on , 20 . This letter is not transferable.
Partial Releases
Partial draws are [are not] permitted. The BOCC may [may not] authorize periodic
reductions in the face amount of this Letter of Credit [If Bank requires Reduction Certificates: and,
if so authorized, the revised face amount of the Letter of Credit shall be evidenced by a separate
Reduction Certificate, approved and executed by the BOCC or the BOCC's authorized
representative].
Conditions for Payment to Beneficiary
Drafts submitted by Beneficiary must be accompanied by the following documents:
1. Beneficiary's signed statement executed by the Chairman of the BOCC or the BOCC's
authorized designee
stating: , developer of
Subdivision [PUD] is in default of its obligations set forth in that certain Subdivision
Improvements Agreement between and the BOCC,
dated and recorded as Reception Number
in Book at Page of the Real
Estate Records of the Office of the Garfield County Clerk and Recorder.
2. The original Letter of Credit, endorsed on the reverse side with the words: "Drawn by
the Board of County Commissioners of Garfield County, Colorado in the amount of
$ ," manually signed by the Chairman or the BOCC's
authorized representative.
3. Fax of the Draw Documents is acceptable to our Fax No. . If presentation is
made by fax, prompt phone notification must be given to
(telephone no.), or
(telephone no.). The fax
presentation shall be deemed the original presentation. In the event of a full or final
drawing the original standby Letter of Credit must be returned to bank by overnight
courier at the time of fax presentation.
Cancellation
This Letter of Credit and amendments, if any, must be returned to us for cancellation by
Applicant/Account party with a statement signed by the Beneficiary stating: "This Letter of Credit is
no longer required by the BOCC and is hereby returned to the issuing bank for cancellation."
Issuer's Undertaking
We hereby agree to honor each draft drawn under and in compliance with the terms of this
Letter of Credit if presented, together with the documents above specified, to
(name) Bank, (street address) (city/town)
, Colorado, on or before the date of expiration identified above. This letter is issued
subject to the Uniform Customs and Practices for Documentary Credit ( Revision),
International Chamber of Commerce Publication Number 600 and the Uniform Commercial Code at
C.R.S. § 4-1-101 et seq., as amended.
The laws of the State of Colorado shall govern the validity, interpretation, performance and
enforcement of this Letter of Credit, and mandatory exclusive venue for any judicial proceeding
pertaining to this Letter of Credit shall be in a court of competent jurisdiction in Garfield County,
Colorado.
By
Name
Title
Bank
THIS ISA FORM DOCUMENT. BANKS USE DIFFERENT FORMATS AND DIFFERENT TERMS TO IDENTIFY ISSUER, APPLICANT AND
BENEFICIARY.
ASK YOUR BANK TO ADDRESS THE MATTERS IDENTIFIED ABOVE: Establishment, Face Amount, Purpose, Expiration Date, Transferability,
Partial/Single Releases, Conditions for Payment to Beneficiary, Cancellation, Issuer's Undertaking AND TO SPECIFY WHETHER OR NOT
PARTIAL RELEASES OF THE LETTER OF CREDIT, IF ALLOWED, REQUIRE THE USE OF REDUCTION CERTIFICATES.
LETTERS OF CREDIT ARE HELD IN THE CUSTODY OF THE GARFIELD COUNTY TREASURER. ADDRESS QUESTIONS RELATED TO PARTIAL OR
FULL RELEASE, HOWEVER, TO THE BUILDING AND PLANNING DEPARTMENT.
EXHIBIT D
REQUEST FOR PARTIAL RELEASE OF LETTER OF CREDIT
Board of County Commissioners
Garfield County, Colorado
c/o Director of Community Development
108 8th 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
Subdivision, 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 reduction in the face amount
of the Letter of Credit in the amount of $ , to a reduced face amount of
$
Attached is the certified original cost estimate and work completed schedule, showing:
Engineer's 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/Engineer
EXHIBIT E
REQUEST FOR FINAL RELEASE OF LETTER OF CREDIT
Board of County Commissioners
Garfield County, Colorado
c/o Director of Building and Planning
108 8th 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
[Subdivision] [PUD] [LAND USE CHANGE PERMIT]. 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 Letter of Credit in the amount of $
Attached is the certified original cost estimate and work completed schedule, showing that all
improvements required by the Improvements Agreement and secured by the Letter of Credit have
been completed.
Also enclosed are the following, required by the Improvements Agreement [LAND USE CHANGE
PERMIT] 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 IA, 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 homeowner's association or other entity at the time of final
Plat Approval. If further information is needed, please contact
, at
Owner
or
Owner's Representative/Engineer
EXHIBIT F
PINYON MESA FILING 2
SUBDIVISION IMPROVEMENTS AGREEMENT
NOTICE REGARDING BUILDING PERMITS
AND CERTIFICATES OF OCCUPANCY
TO: ALL PURCHASERS OF HOME SITES WITHIN PINYON MESA FILING 2
YOU ARE HEREBY NOTIFIED under applicable Garfield County regulations, you may not
commence construction of a residence within unincorporated Garfield County, including within the
Pinyon 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 Pinyon Mesa
Development, Inc., Garfield County will not issue building permits for property in Pinyon 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-technical study, completed by a registered Geo -Technical 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
building 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 Pinyon 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 Pinyon Mesa Development, Inc. and until radon gas testing has been completed.
Owner/Subdivider:
PMGC 2, LLC
By
Ronald Norman, Manager