HomeMy WebLinkAbout5.0 BOCC Staff Report 09.19.2016Board of County Commissioners, September 19, 2016
Exhibits — Pinyon Mesa Filing 2, Final Plat
Exhibit
Number
Exhibit
1
Garfield County 2013 Land Use and Development Code, as amended
2
Application
3
Staff Report
4
Letter dated August 14, 2014,from Chris Hale, Mountain Cross Engineering
5
Memo dated August 18, 201CDfrom Scott Aibner, County Surveyor
6
Impact Fee Receipt from the Carbondale and Rural Fire Protection District, dated
September 6, 2016
7
Pinyon Mesa Filing 2 Subdivision Improvements Agreement
8
Pinyon Mesa Filing 2 Agreement Restricting Transfer of Lots
9
Pinyon Mesa Filing 2 Treasurer's Deposit Agreement for Revegetation
10
Pinyon Mesa Filing 2 Final Plat
Board of County Commissioners
September 19, 2016
DP
PROJECT INFORMATION
REQUEST Final Plat for Pinyon Mesa, Filing 1
APPLICANT / OWNER PMGC 2, LLC
REPRESENTATIVE Chad Lee, Balcomb and Green, P.C.
ENGINEER David Kotz, SGM, Inc.
LOCATION South of Glenwood Springs off CR 114
PROPERTY SIZE 33.809 acres
WATER/SEWER Spring Valley Sanitation District
ACCESS CR 114 (CMC Road)
EXISTING ZONING Planned Unit Development (PUD)
I. GENERAL PROJECT INFORMATION
The owner, PMGC 2, LLC request approval of a final plat for Pinyon Mesa Filing 2. Pinyon Mesa
Subdivision is zoned High Density Single Family (HDSF) and located within the Los Amigos PUD.
The Preliminary Plan for Pinyon Mesa Filing 1 and Filing 2 was approved on December 11, 2006
and memorialized under Resolution 2007-04. The Preliminary Plan was subsequently extended on
May 9, 2016 which is memorialized under Resolution 2016-39. In addition, the completion timeframe
for the PUD was extended from December 31, 2010 to December 31, 2019 at a Public Hearing held
on May 9, 2016 which is memorialized under Resolution 2016-40.
The HDSF zone district of the Los Amigos PUD is permitted for up to 80 dwelling units. The Final
Plat for Pinyon Mesa Filing 1 was approved for 48 dwelling units on October 1, 2007. The proposed
Final Plat for Pinyon Mesa Filing 2 is for the remaining 32 dwelling units as approved under the
Pinyon Mesa Subdivision Preliminary Plan (Resolution 2007-04).
Submittal documentation for this review includes:
1. Final Plat;
2. Construction Plans;
3. Improvements Agreement including exhibits for cost estimates, security agreement, road
impact fees, revegetation security, and fire protection impact fees.
The Final Plat is the final stage of the subdivision process and involves completing all of the legal
documents required to divide the property and, once complete, allows for individual sale and
ownership of the lots. Public improvements are finalized with the creation of construction plans, cost
estimates and the provision of collateral to assure the completion of these improvements.
The criteria for the final plat review is primarily related to compliance with the Preliminary Plan and
conditions of approval of that plan.
11Page
Pinyon Mesa, Filing II Final plat
Board of County Commissioners
September 19, 2016
II. REFERRAL AGENCIES / DEPARTMENTS
Staff referred the application to the following agencies for their review and comment. Comments
received are briefly mentioned below or are more comprehensively incorporated within the
appropriate section of the staff report. Comment letters are attached and labeled as noted.
1. County Designated Engineer, Mountain Cross Engineering, Exhibit 4: Several issues were
identified including removing "Preliminary Not for Construction", plans should show a 12 foot
lane width, verify the access permit for the emergency access, attach plans for street and
stop signs with the construction plans, verify status of the CDPHE storm water permit,
address issues with the contours for access to the lift station.
2. County Surveyor, Exhibit 5: A couple issues were identified including the use of a symbol
for line and curve breaks, and filling in the appropriate year in all certificates.
III. REVIEW STANDARDS
A request to final plat lots is subject to Sections 5-301 D., 5-402 E. and 5-402 F. of the LUDC:
5-301. MAJOR SUBDIVISION REVIEW.
D. Final Plan/Plat Review.
1. Overview. The Applicant must receive Preliminary Plan approval before
requesting a Final Plan/Plat.
2. Review Process. Applications for Final Plan/Plat shall be processed
according to Table 5-103.
3. Review Criteria. An application for Final Plan/Plat shall meet the following
criteria:
a. Comply with all conditions of Preliminary Plan approval;
Staff Comment: The Conditions of approval as outlined in the Preliminary Plan
Resolution 2007-04 appear to be satisfied.
b. Comply with the Final Plan required in section 5-402.E. and the Final
Plat in section 5-402.F.;
Staff Comment: See below for these requirements.
c. All taxes applicable to the land have been paid, as certified by the
County Treasurer.
Staff Comment: The plat Mylar has been signed by the Treasurer who has
certified that all taxes have been paid.
5-402. DESCRIPTION OF SUBMITTAL REQUIREMENTS.
E. Final Plan Map.
Final Plan Maps shall include the following information and supplemental materials:
1. All information as required in the Preliminary Plan Map; and
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Pinyon Mesa, Filing II Final plat
Board of County Commissioners
September 19, 2016
2. Any modifications, additions or deletions as required by the BOCC.
Staff Comment: This criteria appears to have been satisfied.
F. Final Plat.
Final Plat shall be of an engineer's scale. Final Plat shall be prepared in a clear and legible
manner on reproducible film stock measuring 24 inch by 36 inch with clear margins of 2
inches on the left-hand side and 1/2 inch on the remaining sides. The Final Plat shall contain
the following information, as well as any additional information as required by the Director
and/or BOCC, in a format prescribed by the County:
1. Name and address of the property owner(s) and mineral owner(s) of record
of the land being platted.
2. Name, address, and seal of the certifying registered land surveyor preparing
the Final Plat.
3. Legal description and area of the property.
4. Vicinity Map.
5. Location and full description of all monuments as required by this Code and
by C.R.S., Title 38, Article 51:
a. Permanent monuments shall be set on the external boundary of the
Subdivision pursuant to C.R.S. § 38-51-101;
b. Block and lot monuments shall be set pursuant to C.R.S. § 38-51-101;
and
c. Information adequate to locate all monuments shall be noted on the
Plat.
6. Boundary lines, corner pins, and dimensions of the subject parcel(s), including
land survey data to identify the subject parcel by section corners, distance
and bearing to these corners, quarter corner, township, and range.
7. The lengths of all arcs, radii and tangents. Sufficient data shall be shown for
all curved lines on the Plat to enable reestablishment of the curves in the field.
8. Lot location and layout:
a. All lots and blocks shall be numbered consecutively; and
b. The dimensions of all Tots and the area of each lot shown to 2 decimal
places.
9. Name, location, and width of rights-of-way, including those intersecting or
paralleling the Plat boundaries within 200 feet.
10. Name and map number of any bordering Subdivisions within 200 feet of the
boundaries of the Plat.
11. Municipal limits within 200 feet of the boundaries of the Plat.
12. Location, width, purpose, and owners of all easements. A Plat note may be
necessary to provide complete information regarding the purpose of the
easement. Maintenance easements shall be provided for ditches as required
in section 7-201.E.3.
13. Location, area, and means of access of all property to be reserved and/or
dedicated, with the means of access to such property clearly shown and its
intended uses noted.
Pinyon Mesa, Filing II Final plat
Board of County Commissioners
September 19, 2016
14. A legally acceptable land description and dedication block placed on the Plat
by the Applicant dedicating streets, rights-of-way, public sites, and other such
features. The transfer to the County of dedicated land shall take place by a
legally acceptable instrument prior to or concurrent with Final Plat
acceptance, but before recording of the Final Plat.
15. All lands within the boundary of the Subdivision shall be accounted for as a
lot, tract, parcel, Open Space, street, right-of-way, Alley, and so forth, and all
areas of such lands shall be shown on the plat to the nearest 100th of an acre.
16. Any protective covenants/restrictions shall be noted on the Plat or, if
protective covenants/restrictions are recorded, the book and page of these
recorded documents shall be shown on the Plat prior to the Plat being
recorded.
17. All required Plat notes, exemptions, contracts, and any additional notes,
Building Envelopes or other information as required by the County.
18. Executed certificates, notices, and statements, as required by the County
Staff Comment: The County Surveyor reviewed the plat (Exhibit 5) and required
some corrections. The Applicant has submitted an updated plat Mylar which has
corrected these issues. In addition, Community Development Staff has made
comments to the Applicant regarding certificates, LUDC requirements, and formatting
issues. The comments from the Community Development Department have been
addressed. The plat Mylar has been provided in a form that appears to meet the
requirements of the LUDC and is ready for the Board's signature.
IV. STAFF DISCUSSION
1. Improvements Agreement and Security - An Improvements Agreement is required to
determine the necessary public improvements to serve the subdivision which typically
include roads as well as utilities such electric, gas, water and sanitation. The Board of County
Commissioners is a party to this agreement.
The Improvements Agreement is a document that both lists and graphically shows the
improvement via a cost estimate and construction plans. Collateral must be provided to
assure completion of construction of the public improvements. The Board of County
Commissioners is the recipient of the collateral, typically in the form of a bond or Letter of
Credit held by the treasurer's office. The Applicant then requests release of the collateral
upon demonstration of completion.
Pinyon Mesa has an alternative proposal to the typical scenario as they propose that a
restriction be placed on the conveyance, sale, or transfer of certain lots within the
development with a value equal to or greater than the amount necessary to be secured. The
cost of the improvements to be secured for Pinyon Mesa Filing 2 is $1,042,640.50. The
Applicant has conducted an appraisal on the Lots proposed to be restricted for transfer which
shows the value at $110,000 to $150,000 per lot. The Lots that the Applicant is proposing to
restrict are Lots 49-58 (a total of 10 Lots). These Lots are the preferred Lots for security
purposes since utilities and road access are most readily available to them. The appraised
value of the Lots to be secured is $1,100,000 to $1,500,000. As a result, the proposed
collateral meets the requirement that the value be equal to or greater than the cost of the
improvements. Release of secured lots would occur by request to the Board of County
41
Pinyon Mesa, Filing II Final plat
Board of County Commissioners
September 19, 2016
Commissioners in a public meeting. The LUDC allows for the Board to accept this form of
collateral for improvements. In addition, the County Attorney has reviewed the securing
instruments and is comfortable with these documents.
It is worth noting that relative to a letter of credit or a cash deposit, the value of this form of
collateral carries an increased risk due to fluctuations in market value. In other words, even
though the Lots are valued at $110,000 to $150,000 today does not mean that this value will
hold steady through the duration of the Subdivision Improvements Agreement. While real
estate prices are currently increasing throughout the Roaring Fork Valley, there is a risk that
an unexpected downturn in the real estate market could decrease the value of this collateral
below the cost of the improvements before the improvements are complete.
2. Revegetation Security — The Applicant has submitted a revegetation security in the amount
of $12,500. The Applicant is proposing to provide this security in the form of a Treasurer's
Deposit Agreement (TDA). This TDA has been reviewed by the County Attorney's Office and
the Treasurer's Office who appears to be comfortable with this Agreement. Accompanying
the TDA, the Applicant has provided a check in the amount of $12,500 for the Revegetation
Security along with a check for $125 for the Treasurer's Service Fee.
3. Traffic Impact Fee - Traffic Impact Fees are required for subdivision developments that
generate impacts to county roads. The amount of the Traffic Impact Fee is directed by the
approved Preliminary Plan for Pinyon Mesa in the amount of $149,292.00. As Filing 2 has
32 of the 80 units approved within Pinyon Mesa, the applicant is responsible for 40% of the
total $149,292.00 Traffic Impact Fee which amounts to $59,716.80. As approved as a part
of the Preliminary Plan, half of this amount is required at Final Plat while the remaining half
is to be amortized at the time of individual building permits as the project develops. As a
result, the Applicant has provided a check in the amount of $29,858.40 to satisfy the Road
Impact Fee due at the time of Final Plat.
4. School Land Dedication — A school parcel was previously conveyed to the School District
which satisfies the school land dedication requirement for Pinyon Mesa Filing 2. This
conveyance is recorded at Reception Number 723310.
5. Fire Protection District Impact Fee - The Carbondale and Rural Fire Protection District
requires a $730.00 impact fee per unit, therefore Pinyon Mesa Filing 2 is required to pay the
district $23,360.00. Staff has received confirmation that this Impact Fee has been paid to
the District.
V. STAFF RECOMMENDATION
It is Staff's determination that the following documents satisfy the Garfield County Land Use and
Development Code of 2013, as amended as well as all applicable Conditions of Approval from the
approved Preliminary Plan as memorialized in Resolution 2007-04:
Final Plat for Pinyon Mesa Filing 2;
- Subdivision Improvements Agreement for Pinyon Mesa Filing 2 and associated security
documents;
Revegetation Treasurer's Deposit Agreement;
- All necessary and required Impact Fees.
5I P�
Pinyon Mesa, Filing II Final plat
Board of County Commissioners
September 19, 2016
Staff recommends that the Board authorize the Chair to sign the Pinyon Mesa Filing 2 Final Plat,
Subdivision Improvements Agreement, Treasurers Deposit Agreement, and Agreement Restricting
Transfer of Lots as proposed.
61
August 23, 2016
Mr. David Pesnichak
Garfield County Planning
108 8th Street, Suite 401
Glenwood Springs, CO 81601
MOUNTAIN CROSS
ENGINEERING, INC.
Civil and Environmental Consulting and Design
RE: Review of the Pinyon Mesa Filing 2 Final Plat: SF PA -06-16-84 i 1
Dear David:
EXHIBIT
This office has performed a review of the documents provided for the Pinyon Mesa Filing 2
Final Plat application. The submittal was found to be thorough and well organized. The
following comments were generated:
1. Plans are marked as "Preliminary Not for Construction". The stamp should be removed
and the plans issued for construction.
2. The road cross section states a 12' width with curb and gutter. Typically the gutter pan
does not get included in the drivable surface. The plans should be adjusted to show a 12'
lane width of asphalt.
3. The access to the lift station will change to an emergency access as well as provide access
to the lift station. The Applicant should verify that Garfield County does not need a new
access permit.
4. Street and stop signs are not shown on the plan sheets.
5. The Applicant should verify the status of the CDPHE storm -water permit. A new permit
may be required.
6. The Intersection between the proposed emergency access road and the existing SVSD
access needs to be revised. The proposed contours do not appear to accommodate the
access to the lift station.
Feel free to call if you have any questions or comments.
Sincerely,
Mount 'n Cross Engi eering, Inc.
Chris Hale, PE
826'h Grand Avenue, Glenwood Springs, CO 81601
P: 970.945.5544 F: 970.945.5558 www.mountaincross-eng.com
To: Bob Brandeberry - SGM
From: Scott Aibner — Garfield County Surveyor
Subject: Plat Review — Pinyon Mesa Filing 2
Date: 08/23/2016
EXHIBIT
Garfield County
SURVEYOR
SCOTT AIBNER, P.L.S
Bob,
Upon review of the Pinyon Mesa Filing 2 Plat, I have comments or corrections to be made prior to approval for
survey content and form as follows:
1. Please provide a symbol of your choice at all line and curve breaks on page two depicting the lots. This
helps in determining the lot configuration.
2. Fill in the appropriate year in all certificates on page 1.
Once all final comments from Community Development have been completed, the Mylar may be prepared for
recording. The Mylar shall be delivered to the Community Development office with all private party signatures
no later than Monday the week prior to the next commissioner meeting day in order to make that meeting.
Sincerely,
Scott Aibner
Garfield County Surveyor
cc David Pesnichak — Community Development Department
109 8 th Street ,Suite 100B • Glenwood Springs, C081601 • (970)945-1377 • e-mail:saibner@garfield-countycom
1,011DALE 8 �
pie I,VIPACT FEE RECEIPT
FIRE PROTECTION DISTRICT
Carbondale & Rural Fire Protection District
300 Meadowood Drive • Carbondale, CO 81623
Phone - (970) 963-2491
Pax - (970) 963-0569
Received
From:
PMGC 2, LLC
DATE: September 6, 2016
EXHIBIT
PAYMENT METHOD
CHECK NO.
NAME OF DEVELOPMENT
Check
1007
Pinyon Mesa, Phase 2
QTY
DESCRIPTION
UNIT PRICE
TOTAL
32
Single Family Units
$ 730.00
$
23,360.00
Multi Family Units
730.00
$
-
Commcrcial/Industrial
730.00
$
-
Hotel/Motel
1,825.00
$
-
Total Amount Due:
$
23,360.00
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
, 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 PIan 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. 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°0 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, attached as Exhibit
B, which finds that all Lots within the Subdivision range in value from $110,000 to
$150,000. For purposes of this Agreement, the parties shall stipulate that all lots
within the Subdivision shall have a minimum value of $150,000. Thus, to secure the
restriction on transfer of a sufficient amount of Lots, Owner shall deliver to the BOCC,
on or before the date of recording of the Final Plat of the Subdivision with the Garfield
County Clerk and Recorder, a Restrictive Covenant in the form agreed to be acceptable to
the BOCC, which is attached to and incorporated in this Agreement by reference as Exhibit
C ("Restrictive Covenant") encumbering an adequate number of lots to reach a cumulative
value of at least $1,042,640.50.
b. Revegetation Security. Revegetation of disturbed areas in the Subdivision
shall be secured by delivery of a Treasurer's Deposit Agreement in a form acceptable to the
BOCC, attached to and incorporated in this Agreement by reference as Exhibit D, in the
amount of $12,500 from the Owner to the BOCC ("Revegetation TDA"). The
Revegetation TDA shall be valid for a minimum of four (4) growing seasons following
recording of the Final Plat.
i. Upon establishment of vegetation, the Owner shall request review
of the revegetation work by the Garfield County Vegetation Management
Department, by telephone or in writing. Such review shall be for the purpose of
verification of success of revegetation and reclamation in accordance with the
Garfield County Noxious Weed Management Plan 2016, adopted by Resolution No.
16-12 and recorded in the Office of the Garfield County Clerk and Recorder as
Reception No. 873821, as amended, and the RevegetationlReclamation 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 four (4) growing seasons following recording
of the Final Plat.
iv. If revegetation efforts are deemed unsuccessful within the four (4)
growing seasons, in the sole discretion of the BOCC upon the recommendation of
the Vegetation Management Department, or if the BOCC 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(c) 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 E, accompanied by the Owner's
Engineer's Certificate of Partial Completion of Improvements, stamped by Owner's
Engineer. The Owner's Engineer's seal shall certify that the Improvements have been
constructed in accordance with the requirements of this Agreement, including all Final Plat
Documents and the Preliminary Plan Approval.
Owner may also request release for a portion of the security upon proof that 1) Owner
has a valid contract with a public utility company regulated by the Colorado Public Utilities
Commission obligating such company to install certain utility lines; and 2) Owner has
paid to the utility company the cost of installation as required by the contract. The BOCC
shall authorize successive releases of portions of the face amount of the Security as portions
ofthe Improvements, other than revegetation, required hereunder are certified as complete to
the BOCC by the Owner's Engineer and said certification is approved by the BOCC.
d. BOCC's Investigation. The BOCC shall be permitted to inspect and review
the Improvements at any time during construction. For purposes of soliciting and
encouraging an inspection, Owner shall contact the Community Development Director, at
(970) 945-8212. Notwithstanding the foregoing, upon submission of the Owner's Written
Request for Partial Release of Transfer Restriction, along with Owner's Engineer's
Certificate of Partial Completion of Improvements, the BOCC may review the certification
and may inspect and review the Improvements certified as complete to determine whether
or not said Improvements have been constructed in compliance with relevant specifications,
as follows:
i. If no letter of potential deficiency is furnished to Owner by the
BOCC within fifteen (15) business days of submission of Owner's Written Request
for Partial Release of Security accompanied by Owner's Engineer's Certificate of
Partial Completion of Improvements, all Improvements certified as complete shall
be deemed complete by the BOCC, and the BOCC shall authorize release of the
appropriate amount of security.
ii. If the BOCC chooses to inspect and 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) business 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 thirty (30) business days from the
date of the letter to complete the initial investigation, and provide written
confirmation of the deficiency(ies) to the Owner.
v. If the BOCC finds that the Improvements are complete, in
compliance with the relevant specifications, then the appropriate amount of security
shall be authorized for release within ten (10) business days after completion of
such investigation.
e. BOCC Completion of Improvements. If the BOCC finds, within the thirty
(30) day period of time, defined in subparagraph 3 (d)(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 or filing a
civil action.
f. Final Release of Transfer Restriction. Upon completion of all Improvements,
Owner shall submit to the BOCC, through the Building and Planning Department: 1) record
drawings bearing the stamp of Owner's Engineer certifying that all on-site Improvements
have been constructed in accordance with the requirements of this Agreement, including
all Final Plat Documents and the Preliminary Plan Approval, in hard copy and a digital
format acceptable to the BOCC; 2) copies of 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 F, along
with Owner's Engineer's Certificate of Final Completion of Improvements.
i. The BOCC shall authorize a final release of the Restrictive Covenant
after the Improvements are certified as final to the BOCC by the Owner's Engineer
and said final certification is approved by the BOCC. If the BOCC finds that the
Improvements are complete, in accordance with the relevant specifications, the
BOCC shall authorize release of the final amount of security within ten (10) days
following submission of the Owner's Written Request for Final Release of Security
accompanied by the other documents required by this paragraph 3(t).
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(d) 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) business days after completion of such
investigation. If necessary, the BOCC may complete remaining Improvements in
accordance with process outlined in Paragraph 3(e) above.
iv. If, following the inspection contained in paragraph 3(d), the BOCC
finds that the Subdivision Improvements are not complete, in accordance with the
relevant specifications, and/or that requirements of the Preliminary Plan applicable to
the Subdivision have not been satisfied, the BOCC may complete the remaining
Subdivision Improvements and satisfy the applicable requirements of the Preliminary
Plan, or institute court action in accordance with the process outlined in paragraph
3(e) above; provided, however, that such action may only be taken by the BOCC if
the BOCC determines in its reasonable discretion that the subject Subdivision
Improvements will not or cannot be satisfactorily completed on or before the
Completion Date and, provided further, that the BOCC shall provide Owner an
opportunity to cure any identified deficiency(ies) or violations, as set forth in herein,
prior to initiating any of the self-help remedies described herein, including, without
limitation, commencing work on the Improvements, initiating the foreclosure
proceedings set forth in Section 13-106 of the LUR, or filing a civil action.
g. Recording of Final Plat. The Final Plat of the Subdivision shall be recorded
when the security described in this paragraph 3 has been received and approved by the
BOCC.
4. WATER SUPPLY AND WASTEWATER COLLECTION. Prior to
issuance of any certificates of occupancy by the BOCC for any residences or other habitable
structures located and constructed within the Subdivision, Owner shall install and connect a
water distribution system for potable water, fire protection and a wastewater/sewer
collection system in accordance with approved plans and specifications. All easements and
rights-of-way necessary for installation, operation, service and maintenance of such water
supply and distribution system and wastewater collection system shall be as shown on the
Final Plat. Conveyance of the system(s), including real and personal property interests,
from the Owner to the Pinyon Mesa HOA and the Spring Valley Sanitation District shall
be in accordance with Paragraph 7, below.
5. PUBLIC ROADS. All roads within the Subdivision shall be dedicated to
the public as public rights-of-way. Road 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
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.
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 $730 per dwelling unit at the time of
Final Plat. For this Filing 2, the fee shall be $23,360.00.
12. SALE OF LOTS. No lots, tracts, or parcels within the Subdivision may be
separately conveyed prior to recording of the Final Plat in the records of the Garfield
County Clerk and Recorder.
13. BUILDING PERMITS AND CERTIFICATES OF OCCUPANCY. As
one remedy for breach of this Agreement, the BOCC may withhold issuance of building
permits for any structures requiring building permits within the Subdivision. Further, no
building permit shall be issued unless the Owner demonstrates to the satisfaction of the
Carbondale Rural Fire Protection District ("District") that there is adequate water available
to the construction site for the District's purposes and all applicable District fees have been
paid to the District. Further, the parties agree that no certificates of occupancy shall issue
for any buildings or structures, including residences, within the Subdivision until all on-
site Improvements have been completed and are operational as required by this Agreement.
Owner shall provide the purchaser of a lot, prior to conveyance of the lot, a signed copy of
a form in substantially the same form as that attached to and incorporated herein by reference
as Exhibit G, concerning the restrictions upon issuance of building permits and certificates
of occupancy detailed in this Agreement, Final Plat Approval and Preliminary Plan
Approval.
14. ENFORCEMENT. In addition to any rights which may be provided
by Colorado statute, the withholding of building permits and certificates of occupancy
provided for in paragraph 13 above, and the provisions for release of security, detailed in
paragraph 3 above, it is mutually agreed by the BOCC and the Owner that the BOCC,
without making an election of remedies, or any purchaser of any lot within the Subdivision
shall have the authority to bring an action in the Garfield County District Court to compel
enforcement of this Agreement. Nothing in this Agreement, however, shall be interpreted
to require the BOCC to bring an action for enforcement or to withhold 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
clo 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, LL6,
a Texas limited liabilit; co
B
y
Ronald Norman, anager
BOARD OF COUNTY COMMISSIONERS
FOR THE COUNTY OF GARFIELD,
STATE OF COLORADO
Bv:
Print Name:
Title: Chairman
ATTEST:
Jean Alberico, Clerk and Recorder
Garfield County, Colorado
STATE OF Nta r ra ct ° )
) ss.
COUNTY OF 6;44-, ELL ) 5 L_ ‘ser i , X011,
evn
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
BRITT J. CHOATE
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID #19974007655
My Commission Expires July 1, 2017
EXHIBIT A-1
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Exhibit
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 IF
12 Each
13 Cubic Yard
14 Each
15 LF
16 LF
17 Each
18 Each
19 Each
20 IF
21 Each
22 Each
23 Each
24 Each
25 Lump sum
26 LF
27 Each
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 con iitioAs
Description
Mobilization
Road over ex — rewcmpact
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
1 545,000 00 545,000 00
12100 57.00 584,700 00
2200 56.00 513,200 00
4400 $8 00 $35,200 00
1900 $30 00 557,000 00
1000 5105 00 5105,000 00
4400 $28 00 $123,200 00
1620 59 00 514.580 00
2 5600 00 51,200 00
380 540 00 515,200 00
80 5115.00 59,200 00
3 5300 00 5900 00
60 560 00 53,600 00
6 53,800.00 522,800 00
665 $35 00 523,275 00
250 $90 00 522,500 00
15 52,600 00 539,000 00
6 54,600 00 527,600 00
1 14,900 00 54,900 00
1900 570 00 5133 000 00
8 5350 00 52,800 00
3 $2,100.00 56.300 00
4 56,200 00 524,800 00
32 52 200 00 570,400 00
1 $12,000 00 512000 00
4400 $8 75 538,500 00
15 5800 00 512,000 00
ITEM TOTAL
10 % Contingency
TOTAL W/ CONTINGENCY
5947,855.00
$94.785.50
51,042.640 50
NAL Eci,.�
•-
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EXHIBIT B
9/1/2016
Attention : Ron Norman- PMGC 2 LLC
Regarding Appraisal of Pinyon Mesa PUD: Filing 11
As per your engagement, I have completed an Appraisal analysis of the Individual site values within Pinyon Mesa
PUD: Filing 11. Scope of work includes site visitation, with review of the Final Plat, clearly depicting lots 49-80. (32 lots
within Filing 2).
-The 32 Tots were found to be generally consistent in size, ranging from .25-.35 acres each. There is not found to be
a significant difference In values due to lot size variances.
-The primary influence on value differences between sites in Filing 2 is found to be due to differing view factors.
Due to the siting and topography of the master parcel, lots within Filing 2 are found to have above average views,
superior to Pinyon Mesa Filing 1. A portion of the lots located on Pinyon Mesa Dr. will have superior Mt. Sopris views.
-Although vacant land market conditions have continued to improve, there is still found to be significant Inventory of
vacant sites available In the market area. Competing projects Include Ironbridge, Elk Springs/Los Amigos,
Springridge/ Springridge Reserve, as well as remaining sites In Pinyon Mesa Filing 1. While each of these project
have differences in location, view, site size, and overall market appeal from the subject project/phase, they are found
to compete with the subject project in the rural Glenwood Springs market.
-Generally, the lower end of the value range reflects the lesser view lots, which are located on Paintbrush Way, with
upper tier lots being the superior view sites located on Pinyon Mesa Dr. At the time of site Inspection, exact
boundaries of Individual sites were not clearly marked. There was found to be sufficient survey markers to show
general location of streets and lot locations.
Review of recent sales and listings that have occurred throughout the greater market area Indicates a range
of value between $110,000-5150,000 for the vacant sites within Pinyon Mesa Filing II, as of 9/1/2016.
This is a "subject to completion' value, assuming individual subdivided lots with infrastructure in place as shown In
the Final Plat. Any significant changes in sites or infrastructure from what is depicted has the potential to impact value
and marketability.
Feel free to contact me with any questions,
Gregory A Forbes
Certified Residential Appraiser# CR 40045731
North Fork Appraisal Services
17411 Highway 82, Carbondale CO 81623
970-379-8212
EXHIBIT C
AGREEMENT RESTRICTING TRANSFER OF LOTS
THIS AGREEMENT RESTRICTING TRANSFER OF LOTS ("Agreement") is entered
into this day of , 2016 by PMGC 2, LLC, a Texas limited liability
company, whose address is 6300 Ridglea Place, Suite 900, Fort Worth, TX 76116,
("Owner") and the Board of County Commissioners of Garfield County,
Colorado ("County").
RECITALS
WHEREAS, Owner is the owner and developer of Phase II of the Pinyon
Mesa subdivision, consisting of approximately 33798 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,
and upon request by Owner, the County shall enter into an agreement releasing
this Agreement as set forth in the SIA. Upon the recordation of such release, this
Agreement shall no longer encumber the Lots.
1.4. Other Lots Within Subdivision. This Agreement only encumbers
the Lots, as specifically described above, and does not encumber any other portion
of the Subdivision.
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 8`h 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
LOTS 49-58, PINYON MESA FILING 2, ACCORDING TO THE PLAT THEREOF RECORDED
AS RECEPTION NO. IN THE RECORDS OF
GARFIELD COUNTY, COLORADO.
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, Karla Bagley
('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
Karla Bagley
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.Q. 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:
Karla Bagley, Treasurer
DEPOSIT HOLDER:
GARFIELD COUNTY TREASURER
Date:
DEPOSITOR/OWNER:
State of Colorado
County of Garfield
)ss.
)
PMGC 2, LLC
By: Ronald Norman, Manager
Date:
Subscribed and sworn to before me this day of , 2016, by
Witness my hand and official seal.
My Commission expires:
RECEIPT
Check No. ; or
Cash
Form W-9:
Received
By:
Print Name:
Title:
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 PARTIAL RELEASE OF TRANSFER RESTRICTION
Board of County Commissioners
Garfield County, Colorado
c/o Director of Community Development
108 8`h Street, Suite 401
Glenwood Springs, CO 81601
RE: Pinyon Mesa Subdivision Phase 2
This request is written to formally notify the BOCC of work completed for Pinyon Mesa, Phase 2.
As Owner [On behalf of the Owner], we request that the BOCC review the attached Engineer's
Certificate of Partial Completion and approve a partial release of the Restrictive Covenant of lots
, which equals a reduction in the face amount of the amount secured by the Restrictive
Covenant in the amount of $
Attached is the certified original cost estimate and work completed schedule, showing:
Engineers Cost Estimate
Work Completed, less 10%
Reduced Face Amount of LOC
Based on periodic observation and testing, the construction has been completed, to date, in
accordance with the intent of the plans and specifications that were reviewed and approved by
the BOCC's representatives and referenced in Paragraph 2 of the Subdivision Improvements
Agreement between the BOCC and the Owner.
If further information is needed, please contact , at
Owner
or
Owner's Representative/Engineer
EXHIBIT F
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 G
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, Ire
nald orman, Manager
AGREEMENT RESTRICTING TRANSFER OF LOTS
THIS AGREEMENT RESTRICTING TRANSFER OF LOTS ("Agreement") is entered
into this day of , 2016 by PMGC 2, LLC, a Texas limited liability
company, whose address is 6300 Ridglea Place, Suite 900, Fort Worth, TX 76116,
("Owner") and the Board of County Commissioners of Garfield County,
Colorado ("County").
RECITALS
WHEREAS, Owner is the owner and developer of Phase II of the 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,
and upon request by Owner, the County shall enter into an agreement releasing
this Agreement as set forth in the SIA. Upon the recordation of such release, this
Agreement shall no longer encumber the Lots.
1.4. Other Lots Within Subdivision. This Agreement only encumbers
the Lots, as specifically described above, and does not encumber any other portion
of the Subdivision.
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 li . 'ted liali
By.
nald Norman, Manager
any
STATE OF COLORADO )
) ss.
COUNTY OF-„a;oiri
The foregoing instrument was acknowledged before me
Sp ,,,, hex- , 2016, by Ronald Norman, Manager of PMGC 2, LLC, a Texas
limited liability company.
WITNESS my hand and official seal.
My commission expires:
BRITT J. CHOATE
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID #19974007655
My Commission EXpwes July 1, 2017
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
LOTS 49-58, PINYON MESA FILING 2, ACCORDING TO THE PLAT THEREOF RECORDED
AS RECEPTION NO. IN THE RECORDS OF
GARFIELD COUNTY, COLORADO.
GARFIELD COUNTY TREASURER'S DEPOSIT AGREEMENT
Pinyon Mesa Phase 2 REVEGETATION
Owner: PMGC 2, LLC
EXHIBIT
a 7/
THIS 2016 GARFIELD COUNTY TREASURER'S DEPOSIT AGREEMENT — PINYON MESA PHASE 2
REVEGETATION ("Deposit Agreement") is entered into by and between the Garfield County Board
of County Commissioners ("BOCC" or "beneficiary"), the Garfield County Treasurer, Karla Bagley
("Treasurer"), and PMGC 2, LLC ("Owner").
Whereas, the BOCC approved the Owner's application to conduct grading and construct
certain improvements within the Pinyon Mesa Subdivision, Phase 2 pursuant to that certain
Subdivision Improvement Agreement between the Owner and the BOCC recorded as Reception No.
("SIA").
Whereas, the SIA requires provision of "Security for Revegetation" and Owner wishes to
deposit good funds for such security.
Whereas, the BOCC is willing to allow Owner's use of a Garfield County Treasurer's Deposit
Agreement as such financial assurance.
Whereas, the Treasurer is willing and able to hold such funds in accordance with the
Treasurer's statutory duties outlined in C.R.S. §§ 30-10-701, et seq. and 30-1-102.
Agreement
NOW THEREFORE, in consideration of the foregoing Recitals, the parties agree as follows:
1. Pinyon Mesa Phase 2 Revegetation Treasurer's Account. Owner shall deposit with the
Treasurer the sum 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.
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.
S. 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' Floor
Glenwood Springs, CO 81601
Garfield County Treasurer
Karla Bagley
109 8t Street, Suite 204
Glenwood Springs, CO 81601
Owner:
PMGC 2, [IC
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:
Karla Bagley, Treasurer
DEPOSIT HOLDER:
GARFIELD COUNTY TREASURER
Date:
DEPOSITOR/OWNER:
State of Colorado )
)ss.
County of Garfield )
Subscribed and sworn to before me this i day of e ► Pr-, 2016, by
Oira,Ec.1 Qrmrt& firmoj f vk p Fie, 2 ,1 LCF Tri• 1 im•4eri ( ;alai
Witness my hand and official seal.
My Commission expires:
ITT J. CHOATE
NOTARY PUBLIC
RECEIPTSTATE OF COLORADO
NOTARY ID #19974007655
Check No. ; or 1 My Commission Expires July 1, 2017
Cash
Form W-9:
Received
By:
Print Name:
Title:
Office of the Treasurer
Date:
Form 1099 shall be sent to:
COt'k dry.
Exhibit A
ACKNOWLEDGMENT OF SATISFACTION AND DIRECTION TO TREASURER
TREASURER'S DEPOSIT AGREEMENT
Recitals
1. , [a Colorado l
(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:
Form W-9
(Rev. December 2014)
Department of the Treasury
(ntemat Revenue Service
Request for Taxpayer
Identification Number and Certification
Give Form to the
requester. Do not
send to the IRS.
1 Name (as shown on your income tax mean). Name Is required en this line; do not leave this line blank
Ronald Norman
2 Business name/disregarded entity name, if different from above
PMGC 2, LLC
3 Check appropriate box for federal tax classification; check only ono of the following seven boxes:
❑✓ Individual/sole proprietor cr 0 C Corporation 0 S Corporation 0 Partnership 0 Trust/estate
single -member LLC
❑ Limited lability company. Enter the tax claudication (C=C corporation, S=S corporation. P:partnership) ►
Note. For a single -member LLC that Is disregarded, do not check LLC; check the'pproplate box ki the Ilne above for
the tax classification o1 the single -member owner.
n Other (see instructional,.
6 Address (number, street. and apt. or suite no.)
6300 Rldgelea Place, Suite 900
8 City, state. and ZIP code
Fort Worth, TX 76116
4 Exemptions (codas appy only to
certain entitles. not individuals; see
Instructions on page 3):
Exempt payee coda of any)
Exemption from FATCA reporting
code (if any)
PA41..b.sm.rs,..IMhMe«tri. in. Us1
Requester's name and address (optional)
7 List account numbet(s) here (optionaq
IZZI Taxpayer Identification Number (TIN)
Enter your TIN In the appropriate box. The TIN provided must match the name given on line 1 to avoid
backup withholding. For Individuals, this is generally your social security number (SSN). However, for a
resident alien, sole proprietor, or disregarded entity, see the Part 1 instructions on page 3. For other
entities, it is your employer Identification number (EIN). 11 you do not have e number, see How to get a
TIN on page 3.
Note. 11 the account is In more than one name, see the Instructions for line 1 and the chart on page 4 for
guidelines on whose number to enter.
Social senility number
I t l 1 1 1 1 1 1 1
. t
or
Employer Identification number
Part II
Certification
Under penalties of perjury,1 certify that:
1. The number shown an this form Is my correct taxpayer Identification number (or I am waiting for a number to be issued to me); and
2. 1 am not subject to backup withholding because: (a)1 am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue
Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that 1 am
no longer subject to backup withholding; and
3. I am a U.S. citizen or other U.S. person (defined below); and
4. The FATCA code(s) entered on this form Of any) indicating that I am exempt from FATCA reporting is correct
Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding
because you have failed to report all Interest and dividends on your tax return. For real estate transactions, (tem 2 does not apply. For mortgage
Interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an Individual retirement arrangement (IRA), and
generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the
Instructions on page 3.
Sign signature or
Here u.s.person ►
General Instructions
Section references are to the Internal Revenue Code unless otherwise noted.
Future developments. Information about developments affecting Form W-9 (such
as legislation exacted after we release it) is at www.ks.gov/1w9.
m
Purpose of For
M (Form Individual or entity (FoW-9 requester) who la required to file en Information
s
return with the IRS must obtain your correct taxpayer Identification number (I1N)
which may be your social security number (SSN), individual taxpayer identification
number • (MN). adoption taxpayer Identification nnber (AT1N), or employer
IdenUrlcatbn number (MN), to report on an Information return the amount paid to
you, or other amount reportable on an Information return. Examples of information
returns include, but are not Gnkked to, the following:
• Form id)
1099 -INT (Interest earned or pa
• Form 1099 -DN (dividends. Indhorn udng those hostocks or mutual funds)
• Form 1099-MISC (various types of income. prises. awards. or grosa proceeds)
• Form 1099-9 (stock or mutual fund sales and certain other transactors by
brokers)
• Form 1099-5 (proceeds from real estate transactions)
• Form 1099-K (merchant card and third party network transactions)
c-1t"d J 7' - ler{ rcu ICY to Date c V )//4
. ..
1099 (hone mortgage Interest), 1098-E (student loan interest). 1098-T
awn)
• Form 1099-C (canceled debt)
• Farm 1099-A (acquisition or abandonment of secured property)
Use Form W-9 onty If you are a U.S. person (including a resident alien), to
provide your correct 11N.
If you do not rearm Form W-9 to the requester with a TUN, you might be subject
to backup withhddng. See What is backup withholding? on page 2.
By signing the filled -out Corm, you:
1. Certify that the TIN you are giving is correct (or you are waiting fora number
to be Issued).
2. Certify that you are not subject to backup wbhhoiding. or
3. Claim exemption Irani backup withholding if you are a U.S. exempt payee. 11
applicable. you are also certifying that as a U.S. parson, your allocable share of
any partnership Income from a U.S. trade or business is not subject to the
withholding tax on foreign partners' share of effectively connected income. and
4. Certify that FATCA code(s) entered on this form (ff arty) Indicating that you are
exempt from the FATCA reporting, le correct. See What fs FATCA reporting? on
page 2 for furtrtar Infomatkxk.
Cat No. 10231X
Form W-9 (Rev. 12-2014)
Form W-9 (Rev. 12-2014) Page 2
Note. t you aro a US perscn and a requester ()toes you a form other than Forrn
W-9 to request your TIN, you must use the requester's form 11 It is eubatantialty
similar to the Farm W-9.
Definition of a U.S. person. For federal tax purposes you are cons dared a U.S.
parson If you are:
• An Individual who to a U.S. citizen or U.S. resident ager,
• A partnership, corporaticn, company, or association created ar organlred In the
United States or under the taws of the United States;
• An estate (other than a foreign estate); or
• A domestic trot (as defined In Regulations section 301,7701-7).
Special Mee for partnerships- Partnerships that conduct a trade or business In
the United States ars generally required to pay a withholding tax under section
1446 an any foreign partners' ahem of effectively connected taxable Income from
such business. Further, In certain cases where a Form W-9 has net been received,
the noes under section 1448 require a partnership to presume that a partner is a
foreign person, and pay tate section 1446 withholding tax. Therefore, If you aro a
US. person that b a partner In a partnership conducting a trade or bu&ress Ir the
United States, provide Form W-9 to the partr.enhlp to establish your U.S. status
and avold section 1446 withholding on your share of partnership Income.
In the cases below, the following person must give Form W-9 to the partnership
for purposes of establishing its U.S. status and avtsidng withholding on Iia
allocable share of net Income from the partnership conducting a trade or brains,
En tie United States:
• In the case of a desregarded entity with a U.S. owner, the U.S, owner el the
disregarded entity and not the entity,
+ In the case of a grantor trust with a U.S. grantor or other U.S. owner, Qenerafy,
Inc U.S. grantor or other U.S. owner of the grantor trust and not Inc trust; and
• In the case c a U.S. trust (other than a grantor trial), the U.S. trust (other than a
grantor trust) and not the beneficiaries of to trent.
Foreign persons. 11 you are a foreign person or the US. branch of a foreign bark
that has elected to be treated as a V.S. person, do not use Farre W-9, Instead, use
the appropriate Form W-8 ex Form 8233 (see Publication 515, Withholding of Tax
on Nonresident Alma end Foreign Entitles).
Nonresident alien who becomes a resident &Hen. Generally, onty a nersesident
sten Indlvdual may use the teres of a tax treaty to reduce or eliminate US, tax on
certain types of income. However, most tax treaties ccntaln a provision known as
a'saving clause.' Exceptiorn specified In the saving chime may pemilt an
eaernplIon Isom tax to continue for certain types of Income even after the payee
has otherwise become a U.S. resident alien for tax purposes
If you are a U.S. resident alien who Is retying en an exception contalned In the
saving clause of a lax treaty to claim an exemption tom U.S, tax on cerlaki types
of Income, you must anode a etatemert to Form W-9 that specifies the following
five items:
1. The treaty country. Gsnerafy, this must be the same treaty under which you
claimed exemption from tax es a nonresident a5en.
2. The treaty article addressing the Income.
3. The article number (or location) in the tax treaty that contains Inc saving
ctause end its exceptions.
4. The type and amount al Income that quarters for the exemption from tax.
5. Sufficient facts to lustily the exemption fnxn lax under the temp of the treaty
attic le.
Example Article 20 of the U.S.-China Inccme tax treaty &Iowa an exemption
from tax for scholarship Income received by a Chinese student temporarily {resent
in the Urtited States. Under U.S. law, thee student will become a resident ellen for
tax purposes If his or her stay in tha United States exceeds 5 Calendar years.
However, paragraph 2 of Inc first Protocol to Inc U.S.-China treaty (dated April 30,
1984) sacral the provaionf of Article 20 to continue to aptly even after the
Chinese student becomes a resident alien of the United States. A Chinese student
who qualifies for this exception (under paragraph 2 of the Int protocol) and is
relying on this excepton to claim an exemption from tax on his or her scholarship
a fellowship Income would enact to Fran W-9 ■ statement that Includes the
Information described above 10 support that exemption,
II you ere a nonresident alien or a foreign entity, give the requester the
appropriate completed Form W-8 as Form 6233.
Backup Withholding
What is backup wtthhotding7 Persons making certain payment' to you must
under chain conditions withheld and pay to the IRS 28% of such payments. This
le cared "backup withholding.' Payments that may be subject to backup
withholding Include Interest. tax-exempt Interest, dividends, broker and barter
exchange transactions, rents, royaites, nonemployee pay, payments made In
settlement of payment card and third party network trarsaclbru. and certain
payments from fishing boat operators. Real estate transactions are not subject 10
backup withholding.
You wet not be subject to backup withholding on payments you receive if you
gHe the requester your correct TIN. make Inc proper certificatbm, and report all
your taxable interest and divklende 00 your tax ratan.
Payments you receive will be subject to backup withholding le.
1 You do not famish you TIN to the requester,
2 You do not certify your 11N when requited (see the Pan It Irs'.ructons on page
3 for details).
3. The IRS Zees the requester that you furnished an incorrect TIN,
4. The IRS tees you that you are subiect to backup withholding because you did
not report all your hterest and dividends on your tax return (for reportable interest
and dividends any), or
5. You do not certify to the requester that you are not subject to backup
withholding under 4 above (tor reportable knees) and dividend accounts opened
after 1983 only).
Certain payees and payrnenta are exempt tram backup withholding. See Exempt
payee code on page 3 and Inc separate ;meek -tons for the Requester of Form
W-9 for more information.
on.
Also see Special rubs fcrpartnerships above.
What is FATCA reporting?
The Foreign Account Tax Compliance Act (FATCA) requires a participating Forder
financial Institution 10 report ell United States act aunt holders that are specified
United States persons. Certain payees are exempt Mom FATCA reporting. See
Eremption from FATCA reporting code on page 3 and the Instructions for the
Requester 01 Form W-9 for more Information.
Updating Your Information
You must provide updated lnfomaticn to arty person to whom you claimed to be
art axempt payee If you are no longer an exempt payee and anticipate receiving
reportable payments In Inc future from this person, For example, you may need to
provide updated information if you ere a C corporation that elect to be an 5
corporation, or If you no bongo~ are tax exempt. In addition, you must furnish a now
Foran W911 the name or T1N changes lor the account: for example, ft the granter
of a grantor taut dies.
Penalties
Failure to furnish TIN. If you fail to furnish your correct TIN to a requester, you am
subject to a penalty al S50 for each such failure unless your failure is due to
reasonable cause and not to willful reelect.
Cleft penalty for false Information with respect to withholc8ng. If you make a
false statement with no reasonable bests that result In no backup wIthhalding.
you aye subject to a $500 penally.
Criminal penalty for falsifying information. WIituly falsifying cornification., or
atftrnations may subject you to criminal penalties Including Mea end/or
knprtaanment.
Misuse of TINS. H Inc requestx ciscfoses or uses TVs In violation of federal law,
Inc requester may be sub! ect to civil and criminal perutt}es.
Specific Instructions
Line 1
You must enter one of the fallowing on this Inc. do not leave fhb ins blank. The
came should match the name on your tax return.
lI this Forrn W-9 is for a )oink account, 1st fust, and then rvcle, Inc name of the
person or entity whose number you entered In Part I of Form W-9.
a. Individual. Generally, enter Inc name shown on your tan return. If you hove
changed your last name without Informing Inc Social Security AdmIelsbatlon (SSA)
of the name change, enter your first name. the list name as shown on your wast
security card, and your new last name,
Nate- MN applcont Enter your Individual name as it was entered on your Form
W-7 spplcation, inn la This should ata be the same as Inc name you entered an
the Form 1040r104ON104CEZ you fled with your application.
b. Sole proprietor or single -member LLC. Ensor your Individual name as
shown on your 1040/1040A/1046E2 on Inc 1. You nay enter your business, trade.
ar "doing business as (CBA) name on line 2.
c. Partnership, LLC that is not a sehgia•memb•r LLC, C Corporation, or 5
Corporation. Enter Inc entity's name m ehowm on Inc entity's tax slum on Ins 1
and any business. trade, or DBA name on Inc 2.
d. Other entitles. Enter your name as shown an required U.S. federal tea
documents on Inc 1 Teta name should match the rune shown on the charter or
other legal document creating the entity. You may enter any buslness. bade, or
CBA name on Ire 2
e. Disregarded entity. For U.S. federal leu purposes. an entity that Is
disregarded as en entity separate from It owner Is treated as a'disregarded
entity.' See Regulations section 301.7701-2(c)(1)(I,). Enter the awnela name on
Erre 1. The name of Inc entity tailored on In 1 should never be a disregarded
entity, The name on tine 1 should be the name shown on the Income tax return on
which the Income should be reported For example, If a foreign LLC tree Is treated
as a disregarded entity for U.S. federal tax purposes has a angle owner that is a
U.S. person, the US. owner'& name Is required to be provided on tine 1. H the
direct owner of the entity 1s also a detragerded entity, enter the Int owner that Is
not disregarded for federal tax purposes. Ernes Inc disregarded entity's name on
Inc 2, 'Buseness narre/dlsregarded entity name.' It Inc owner of the disregarded
entity Is a foreign person, the owner moat complete an appropriate Form W-8
instead of a Fono W-9. This is the rase even t the lor&Egn person has a U.S. TW,
Form W-9 (Rev. 12-2014) Page 3
Line 2
11 you have a business name. trade name, DBA name, cr d'aregerded entity name,
you may enter it on Gra 2.
Line 3
Check the appropriate box In Ana 3 ler the U.S. federal tax ciassfficatian of the
person whose name Is entered on Bre 1. Check orgy one box In line 3.
Limited Liability Company (LLC). II the name on Fins 1 le en LLC treated as a
partnership for U.S. federal tax purposes, check the "Limited Uabety Company"
box end enter 'P' In the space provided, if the LLC has flied Form 8532 or 2553 to
be taxed as a corporation. check the 'Limited Uabllty Company' box and In the
apace provided enter "C" for C corporation or'S' for 5 carpenters. If tt Is a
single member LLC that is a disregarded entlly, do not check Ihe'Urnited Ueblity
Company' box; Instead check the rust box In line 3 "IndhieuaVade proprietor cr
etngte-member LLC.'
Line 4, Exemptions
11 you are exempt from backup withholding and/or FATCA rsperttng, enter in the
appropriate apace b line 4 any code(,) that may apply to you.
Exempt payee code.
• Generally, individuate (including sole proprietors) are not exempt from backup
withholding,
• Except as prcvlded below, corporations are exempt from backup withholeiog
for certain payments, Initialing Interest and dividends.
• Corporations are not exempt from backup withholding for payments made in
settlement of payment card or third party network transactions.
• Corporations ere not exempt from backup withholding with respect to attorneys'
fees or gross proceeds pall to attorneys, and corporations that provide medical or
heath care services are not exempt with respect to payments reportable on Form
1099-M1SC.
The fo8cwtng codes Identify payee, Chet are exempt trim backup withholding,
Enter the appropriate code In the epace in line 4.
1—An orgarkaeon exempt from tax under section 501(a), any IIS or a
custodial account under section 403(b)(7) It the account !nestles the requirements
of ,ectton 401(flf2)
2—The United States or any of Its agencies cr Inslrumenta6ttes
3—A state, the District of Columbia. ■ U.S. commonwealth or possession, or
any of their polhicai aubdeeslon or Instrumentalities
4—A foreign government or any cf its pcltical eubdMlsbns, agencies, or
Inset:mentalities
5—A caporehon
6—A dealer In securities or commodities required to register in the United
States, the District of Columbia, a a U.S. ccmmonweaaith oe possession
7—A futures commission merchant registered with the Commodity Futures
Trading Commission
8—A reel estate Investment trust
9—An entity registered at all times during the tax year under the Investment
Company Act of 1940
10—A common Wet fund operated by a bank under section 564(a)
11—A flnanclai Inatttution
12—A middleman known in the Investment community as a nornitee or
custodian
13—A trust exempt Iran tax under aacoon 664 or described In section 4947
The following chart shows types of payments that may be exempt from backup
withholding, The chart applies to the exempt payees listed above, 1 through 13.
IF the payment is for ...
'
THEN the payment Is exempt for ...
Interest end dividend payments
All exempt payees except
for?
Broker transactions
Exempt payees 1 through 4 and 6
through 11 and a5 C corporations. S
corporation mast not enter an exempt
payee code because they aro exempt
cot/ for sales of noncovered emotes
acquired prior to 2012.
Barter exchange transactions and
patronage dividends
Fxarnpt payees 1 through 4
Payments over S600 required to be
reported and direct sales over $5,000'
Generafiy, exempt payees
1 through 52
Payments made In settlement of
payment card or third party network
transections
Exempt payees 1 oarcugh 4
See Form 1099-MISC, MIscellarheous income, and Its Instructions.
'However, Lhe fotowing payments made to a corporation and reportable on Form
1099-MISC are not exempt from backup withholding: medical and heahh care
payments, attorneys' fees, gross proceeds peld to en attorney reportable under
,action 6045(1), and payment, tog 'taute s paid by a federal executive agency.
Exemption from FATCA reporting code. The following codes Identity payees
that ere exempt from reporting under FATCA. These codes apply to persona
ai.brett r.g this tome for accounts malntair ed outside of the United Stelae by
certain foreign financial Inetkutlorts. Mongoose/ you we only sub4nitt1ng this form
for an ac�uatt you hold In the Ureted States, you may leave this field Monk
Consult with the person requesting this form 11 you are uncertain ti ore financial
institution le subject to these requirements. A requester may Indeeete that a code Is
not required by providing you with a Form W-9 with `Not Applicable' (or any
aknlfar Indication) written or printed on the 5ne for a FATCA exemption code.
A—An orgxntxatinn exempt from tax under section 501(a) or arty individual
retirement plan es defined In section 7701(4(37)
El—The United States or any of Its agencies or Instrumentalttles
C —A state, the Detract of Columbia, a U.S. commonwealth or possession, or
any of their poetical subdrvislons or instrumentalities
D—A corporation the stock of which is regularly traded on one or more
estableehed,acarines markets, as described In Regulations section
1.1472.1(c)(1)()
E—A corporation that tae member of the same expanded affiliated group es a
cerporetlon described In Regulations section 1.1472-1(c)(1)Q)
F—A dealer In securities, commodities, or derivative financial Instruments
(Including national principal contracts. futures, forwards, and options) that Is
registered es such under the laws of the United States or tory stale
G—A real estate investment trust
H—A regulated Investment company as defined In sedan 851 or an entity
registered at all times during the lax year ender the investment Company Act of
1940
I—A common trust fund as defined In section 584{a)
J—A bank as dented In section 581
K—A broker
L—A trust exempt from lax under section 864 cr described In section 4947(a)(1)
M—A tax exempt tnost under a soden 403(b) plan or traction 457(g) plan
Nota. You may wish to comet with the enandal Insdtutlon requesting this form to
determine whether the FATCA code endear exempt payee cede should be
completed.
Line 5
Enter your address (number, street. end apartment or suite number). This is where
the requester of thle Form W •9 will mall your Inlormatkxt return.
Line 6
Enter ycur city, state, end ZIP code.
Part I. Taxpayer Identification Number (TIN)
Enter your Ti11 he the appropriate box. It you ore a resident ellen and you do not
have and are not eligible to get an SSN, you T1N is you iRS Individual taxpayer
ldentlficaton number (Tf1M, Exeter h In the social security number box. 11 you do net
have an IT)N, see Now to gat a 17N below.
1! you are a sole proprietor and you have an EIN, you may enter tither your SSN
or Etta. However. the IRS prefers that you nue your SSN.
I1 you are a slrgle-member LLC that h disregarded as an entity separate from its
owner (see Limited tleb69ly Company (LLC) on this page), enter the owners SSN
(or EIN, If the owner has one). Do not enter the disregarded entity's E1N. 11 the LLC
is rleesified u a corporation or partnership, enter the entity's EIN.
Nota. See the chart on page 4 for further clarification al name and TIN
comblratlons.
How to get e TiN. If you do not have a 7114, eppty for ane Immediately. To apply
far en SSN, get Form 55-5, Application for a Social Security Card, from your local
SSA office or get this form orltnt at www.ssa.gov. You may also get this form by
calling 1.800-772-1213. Use Form W-7, Application for IRS Individual Taxpayer
Idenbllcatlon Number, to appy for an Met. or Form SS -4, Appllcaton for Employer
Identification Number. to apply for no E114. You can apply for en EN online by
accessing the iRS websee at *Irwin. goy/businesses and cfcking on Employer
Identification Number (EIN) under Starting a Bustles,- You can get Forma W-7 and
55-4 from the iRS by visiting IRS.gov or by ailing 1 -800 -TAX -FORM
(1-8o4829-3676).
If you are asked to complete Form W-9 but do not have a TIN, apply for a TIN
and vette'Appled For" In the space for the TIN, sign and dale the form, and give it
to the requester. For Interest end dividend payments. and certain payments made
with respect to readily tradable instruments, generally you wit have 60 days to get
e TIN and give it to the requester before you are subject to backup withholding on
payments. The 80- day rule does not appty to other types of payments. You wit tee
subject to backup whhholding on all such payments until you prcvtde your T1N to
the requester.
Nota. Entertng'Appeed Far means that you have already applied fora TIN or that
you Intend to apply for ore soon.
Caution: A disregarded U.S entry? that has a foreign owner must use int
appropriate Form W-8.
From W-9 (Rev. 12-2014)
Page 4
Part II. Certification
To establish to the withholding agent that you are a U.S. person, or resident aFen
sign Forth W-9. You may be requested to sign by the wehholdln9 agent even 1f
stems 1, 4, or 5 below Indicate otherwise.
For a )eine account, only the person whose TIN Is shown In Part I should sign
(when required). In the case of a disregarded entity, the person identified on Ire 1
must sign. Exempt payees, see E owe payee cock eerier.
Signature rr quksments, Complete the cettJficatlon w Indicated I11 items 1
through 5 below.
1. Interest, dividend, and barter exdhanga accounts opened before 1984
and broker =counter considered active during 1963. You mint give your
correct TIN, test you do not have to sign the certification.
2. Interest ark/end, broker, and barter exchange accounts opened after
1983 and broker accounts considered heactive during 1983. You must sign the
certification or bareum withholding w1N appy. If you are sub)ed to backup
withholding and you are merely providing your correct TIN to the requester. you
must cross out item 2 in the certification before signing the form.
3. Real estate transactions. You mint sign the certification. You may cross out
item 2 01 the certM:ation,
4. Other payment". You must give your correct TIN, but you do nal have to sign
the certification unless you have been notified that you have previously given an
Incorrect TIN, "Other payments' tndude payments made In the course of the
requester's trade er business for rents, royalties, goods (other than htls for
merchandise), medical and health care aervkes 9ncluda1g payments to
corporations), payments toe nonemployee for services, payments made In
settlement of payment card and third party network transactions, payments to
certain fishing boat crew members end fishermen, and gross proceeds paid to
attorneys brncluding payments to =operations).
5. Mortgage Interest paid by you, acquisition or abandonment of secured
property, cancellation of debt quaffed beton program payments (under
section 529), IRA, Coverden ESA, Archer MSA or HSA contributions or
distributions, end pension distributions. You met give your coned TIN, but you
do mol have to sign the cerfficabon.
What Name and Number To Give the Requester
For fhb typo of account
Ghee name and SSN o1
1. Individual
2. Two or more Individuate (KIM
account)
3. Custodian account of a minor
(Uniform Gift to Minors Act)
4. a. The usual revocable savings
Vast (grantor fa also trustee)
b. So-caled trust secota1t that b
not a legal or valid trust under
Cate law
5. Sole proprietorship or dlssegarded
entity owned by an Individual
6. Grantor trust gong under Optional
Form 1099 Fling Method 1 (see
Regulations section 1.671-4(b42)(7)
A))
The individual
The actual owner of the exeunt or,
If combined funds, the first
Individual on the account
The ,mmol'
The grantcr.Wstae'
The actual owner
The owner'
The grantor
For Iib typo of account
Give name and EIN of
7. Desregarded enity not owned by an
Individual
IL A va&d trust estate, or pension trent
9. Ccrpora'xxt or LLC electing
corporate atahts on Foran 8832 or
Form 2553
10. Association, club, refygieen,
charitable, educational, or other tax-
exempt organisation
11. Partnership or mufil-member LLC
12. A broker or reeetered nominee
13. Account with the Department o1
Agriculture In the name of a public
entity (such as a state or local
government school chatrlc, or
prism) that receives agricultural
program payment.,
14. Grantor tent filing under the Form
1041 Fiing Method or the Optional
Form 1099 Fling Method 2 (see
Regulations section 1.871-4(b)(2)Q)
($l)
The owner
Legal entity'
The corporation
The organization
The partnership
The broker or nomehee
The pubbc entity
The trust
list fret and &de the mere et the parson ehCse naober you hemi, a only oma lemon on ■
pint coeurs has en 5.514, that pain's rrntber must be !umbrad.
2Cede use minor's name and harts the minors 555.
'You must thaw yew Ino[ wised nary and you may dao odor your tushes a DOA nor an
lhe'litasrm nu+Wd saggar ee enter nuns Ire. Yat may use sidhr your 851 or EN 1 you
have enol, but the FL4 mneCursgea you to um you 5514.
LAI rest and circle the name el iM trust, rites, or psnaon unaL (Co not furnish the Tae d the
personal npresrealM or Mole* unless the legal entlry Itself La rat designated Intro a=camt
ttle.) Aso w Spica! Mrs h' parmar 'ws an page 2.
'Note. Grantor aha yeast paves a Fame W.a to waw of trust
Note. 11 no name 1* circled when more than one name Is listed, the number will be
considered to bo that of the first name Fated.
Secure Your Tax Records from Identity Theft
Identity theft occurs when someone uses your personal information such as your
name, SSN, or ether identifying information, without your permission, to commit
fraud or other creme". An Identity thief may usa your SSN to gel a tots or may file a
tax return using your SSN to receive a refund.
To reduce your rbk
• Protect your SSN,
• Ensure you employer is protactatg your SSN, and
• Be canehtl when choosing a tax preparer.
II your tax records ere affected by Identity Ihett and you receive a notice from
the IRS, respond right away to the name and phone number printed on the IRS
notice ce letter.
11 your tax records are not currently affected by identity then but you think yes
are at risk due to a lost or stolen purse M wallet, questionable credit card activity
or credit report, contact the IRS Identity Then Hotline at 1.800-908-4490 or submit
Form 14039,
For mors Intomraeon, see Pubhlcation 4335, Identity Theft Prevention and Victim
Ambiance.
Victims or Identity theft who are experience; economic herrn or a system
problem. or are seeking help In resolving tax problems that have not been re'ctved
through normal channeb, may be ellg8le for Taxpayer Advocate Service (TAS)
assistance. You can reach TAS by caning the TAS log -free owe Intake pile at
1.811-777.4T,8 or TTYlTOD 1-800-829-4059.
Protect yourself from suspicious *malts or phishing schemas. Phishtng is the
creation and use of email and websllaa designed to mimic legitimate business
ema@s and webaltes. The most common ad is sending an email to a user falsely
claiming to be en establtshed legitimate enterprise In an attempt to scam the user
Into surrendering private Information that will be used for identity theft
The IRS does not trttiote contacts with taxpayers via amads. Also, the IRS does
not request personal detailed Information through email or ask taxpayers for the
PIN number', passwords, or simile secret wawa information for their credit card,
bank, or other financial accounts.
If you receive an unsolicited email cls ening to be from the 1R5, forward 1518
message to ptdsfengOfrs.gvv. You may also report misuse of the IRS name, logo,
er other IRS property to the Treasury Inspector General for Tax Achnlnb ration
(I1GTA) ell -800-368-4484. You can forward suspicious smalls to the Federal
Trade Corn dsaion at spamOuce.gov or contact them at www.lic.gov/Idthert or
1-877-IDTHEFT (1-877-136.4338).
Visit IRS.gov to team mere about Identity theft and how to reduce your risk,
Privacy Act Notice
Section 6109 01 the internal Revenue Code requires you to provide you correct
TIN to persons (Indus/leg fedora! agencies) who are Toque/ad to flee Information
return., with the IRS 10 report interest, dividend', or certain other Income paid to
you; mortgage Interest you paid: the acqubhion or abandonment of secured
property, the cane tladon of debt or contribut en you made to an IRA, Archer
MSA` er HSA. The persons corectIng this form uses the information on the Item 10
lee Information returns with the IRS, reporting the above Inlorrneticre Routine uses
of elle Information Include giving it to the Department of Justice for clod and
criminal 11198 11 and to sites, states, the District of Columbia, and U.S.
commonwealths and posaasxtons for use In administering their laws. The
Information also may bo disclosed to outer countries under a treaty, to federal and
state agencies to enforce da and criminal taws, or to federal law enlacement and
kltaitgence agendas to combat terrorism. You must provide yid TIN whether or
not you are required to file a tax return, Under section 3406, payers must generally
withhold a percentage of taxable Interest dividend. and certain other payments to
a payee who does not give a TIN to the payer. Cestan penalties may also appy for
providing false or fraudulent Infornaticn.
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