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RECETVEDDEC
1t 2000
SUBDIVISION IMPROYEMENTS AGREEMENT
THIS AGREEMENT is made and entered into this l2'h day of December,2OOO, by and among
St. Finnbar Land Company, a Colorado corporation ("SFLC"); Roaring Fork Farm, LLC, a Colorado
limited liability company ("RFF", and together with SFLC, the "Owners") and the Board of County
Commissioners of Garfield County, State of Colorado, (the "County").
WITNESSETII:
WHEREAS, SFLC is the owner of certain real property located within Garfield County,
Colorado, as more particularly described on Exhibit "A" attached hereto and incorporated herein (the
*SFLC Froperty");
WHEREAS, RFF is the owner of certain real property located within Garfield County, Colorado,
as more particularly described on Exhibit "B" attached heteto and incorporated herein (the "RFF
Property");
WIIEREAS, the SFLC Property and RFF Property together comprise the real property known
as St. Finnbar Farm (the "Property");
WHEREAS, the Owners intend to develop the Property;
WIIEREAS, approval for the preliminary plan for the development of the Property was obtained
under the terms and conditions set forth in County Resolution No. 99-110;
WHEREAS, Owners have submitted to tlre County for im approval the Final PIat for St. Finnbar
Farm (hereinafter "Final Plat") for the Property;
WHEREAS, as a condition of approval of the Final Plat and as required by the laws of the State
of Colorado, the Owners wish to enter into this Subdivision Improvements Agreement with the Counry;
and
WHEREAS, Owners have completed or have agreed to complete certain subdivision
improvements as set forth herein, have agreed to execute and detiver a lener or other security to the
County to secure and guarantee the completion of the subdivision improvements and Owners' performance
of this Agreernent, and have agreed to certain restrictions and conditions regarding the issuance of building
permits, certificates of occupancy and sale of properties, as more fully set forth hereinafter'
t{OW, TIIEREFORE, for and in cousideration of the premises and the following muhral
covenants urd agreements, the parties hereby agree as follows:
l. FINAL PLAT APPROVAL, The County hereby accepts and approves the Final Plat of
St. Finnbar Farm, subject to the terms and conditions of this Agreement, as well as the terms and
conditions of the Preliminary Plan approval, and the requirements of the Garfield County Zoning and
SuMivision Reguladons.
2. OWNERS, PERFORMANCE. Owners have constructed and installed or shall cause to
be constructed and installed, at its own expense, those irnprovements related to St. Finnbar Farm, which 41t d
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are required to be constructed by Resolution No. 99-110, this Agreement, the Final Plat, and all Garfield
County Zoning and Subdivision Regulations. The estimated cost of completion of the subdivision
improvements related to St. Finnbar Farm is set forth and certified by a licensed engineer on Exhibit "C"
attached hereto. Such improvements shall be completed on or before Deeember 31, 2001. Additionally,
the Owners shall comply with the following:
a. all plat documents submitted prior to or at the time of the Final Plat approval, which are
incorporated herein by reference, and made a part of this agreement;
b. atl requirements of Resolution No. 99-110, including all requirements of the Garfield
County Zoning Code and Garfield County SuMivision Regulations, as they relate to St.
Finnbar Farm;
c. all laws, regulations, orders and resolutions of the County of Garfield, State of Colorado,
and affected special districts;
d. all designs, maps, specifications, sketches and other materials submitted to and approved
by any of the above-sated governmental entities; and
e. the inrprovements to be constructed by the Owners shall include, but are not limited to the
following:
(l) sewer collection lines, mains and interceptors for St. Finnbar Farm, and
connection of said facilities to the Ranch at Roaring Fork's sanitation wastewater
treatment facility. All sewer collection lines, mains and interceptors for St.
Finnbar Farm already constructed have been accepted by the Ranch at Roaring
Fork Home Owners Association ("Ranch Association") and all paymens required
to have been made by SFLC on or before the date of this Agreement to the Ranch
Association pursuant to the Sewer Service Agreement between SFLC and the
Ranch Association dated August 4, 1999 and recorded in Book 1146 at Page 195
as Reception No, 50717 of the records of Garfield County, Colorado (the "Sewer
Service Agreement") have been made.
@ internal roads, drainage features and utiliry strucures in accordance with the plans
and specifications therefor contained in the Final Plat.
The County agrees that if all improvements are installed in accordance with this Agreement, the
Final Plat documents, the as-built drawings to be submitted upon completion of the improvements, the
requirements of the Garfield County Zoning Code, all other requirements of this Agreement and the
requirements of Resolution No.99-110, then the Owners shall be deemed to have satisfied all terms and
conditions of the Zoning and Subdivision Regulations of Garfield County, Colorado with respect to St.
Finnbar Farm.
3. SECURITY FOR IMPROYEMENTS.
a. Cash or I.ftter of Credit. On or before the date of the recording of the Final Plat of St. Finnbar
Farm with the Garfield County Clerk and Recorder, the Owners shall deliver cash or a Letter of Credit
in a form acceptable to the County in an amount equal to the estimated cost of completing the remaining
suffiivision improvements related to St. Finnbar Farm as set forth and certified by a licensed engineer on
Exhibit "C" attached hereto. The Irtter of Credit required by this Agreement shall be issued by a state
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or national banking institution acceptable to the County. If the institution issuing the Letter of Credit is
not licensed in the State of Colorado and transacting business in the State of Colorado, the Letter of Credit
shall be *confirmed" withinthe meaning of C.R.S.4-5-106(2) by abank ttrat is licensed to do business
in the State of Colorado, and acceptable by the County. The Letter of Credit mu$be valid for a minimurn
of six (6) months beyond the completion date for the improvements set forth herein. If the time for
completion of irnprovements is extended by a written agreement to this Agreement, the time period for the
validity of the lrtter of Credit shall be similarly extended. Additionally, should the L,etter of Credit
become void or unenforceable for any reason, including the bankruptcy of the Ownets or the financial
institution issuing or confirming the I-etter of Credit, prior to acceptance of the improvements, this
Agreement shall become void and of no force and effect, and the Final Plat shall be vacated pursuant to
the rerms of this Agreement.
b. Partial Release of Securitv. The County shall release portions of the security as portions of
the subdivision improvements are completed to the satisfaction of the County. Certification of completion
of improvements adequate to authorize release of security must be submitted by a licensed or registered
enginier. Such certifrcation authorizing release of security shall certify that the improvements have been
constructed in accordance with the requirements of this Agreement, including all Final Platplans, and shall
be stamped upon as-built drawings by said professional engineer where applicable. Owners may also
request ieteasl for a portion of the securiry upon proof (i) that Owners have a valid contract with a public
utiiity company r"gulut"d by rlre Colorado PUC that obligates such utility company to install certain utility
linesand (ii) rtrat Owners have paid to such utitity company the cost of installation of such utilities required
to 66 paid by Owners under such contract. No partial release of the security for the water system shall
occur until the Carbondale Fire Protection District has performed a flow test and accepted the system and
provided a statement to that effect to the Counfy.
Upon submission of a certification of completion of improvernents by the Owners, the County may
inspect and review the improvements certified as complete, to determine whether or not said improvements
have been constructed in compliance with the relevant specifications, If the Counry determines that all or
a portion of the improvements certified as complete are not in compliance with the relevant specifications,
the County shall furnish a letter of potential deficiencies to the Owners within fifteen (15) days specifying
which improvements are potentially deficient. If no letter of potential deficiency is furnished within said
fifteen (tS) day period, a[ improvements certified as complete shall be deemed accepted and the Counry
shall release the appropriate amount of security as it relates to the improvements which were certified as
complete. If a iettei of potentiat deficiencies is issued which identifies a portion of the certified
improvernents as potentially deficient, then all improvements not so identified in the letter of potential
deficiencies shall be deemed accepted and the County shalt release the appropriate amount of security as
such relates to the certified improvenients that are not identified as potentially deficient in the letter.
Wittr respect to any improvements certified as complete by the Owners that are identified is
potentially deficiint in a lettir of potential deficiencies as provided in this paragraph, the County shall have
itrirty (aOj days from the date of the letter of potential deficiencies to complete its investigation and provide
wrirten confirmation of the deficiency to the Owners. If upon further investigation the County finds that
the improvements are acceptable, then appropriate security shall be released to the Owners within ten (10)
days after completion of iuch investigation. In the event the improvements are not acceptable by the
County, the Counry shall make a written finding prior to requesting payment from the l-etter of Credit.
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Additionally, the County shall provide the Owners a reasonable period of time to cure any deficiency prior
to requesting payment from the Letter of Credit.
c. Substitution of Letter of Credit. The County ffiay, at its sole option, permit the Owners to
substitute collateral other than a Letter of Credit acceptable to the County for the purpose of securing the
completion of the improvements as hereinabove provided.
d. Recording of Final Plat. The Final Plat for St. Finnbar Farm shall not be recorded pursuant
to this Agreement until the Letter of Credit described in this Agreement has been received and approved
by the Counly.
4. WASTE WATER SYSTEM. All easements and facility sites necessary for the
wastewater collection system within St. Finnbar Farm shall be dedicated in accordance with the Sewer
Service Agreement. Owners shall complete construction of all wastewater collection system facilities for
St, Finnbar Farm in accordance with the Sewer Service Agreement.
5, WATER SYSTEM. Each lot within the Final Plat for St. Finnbar Farm shall have an
individual well, which will be installed by the owner of such lot. The Owners have obtained well permits
for all lots.
6. ROADS. All roads within the Final Plat for St. Finnbar Farm (other than private
driveways or roadways within the boundaries of any lo$ shall be dedicated to the Counry. The
Homeowners Association of St. Finnbar Farm shall be responsible for the maintenance of the roads and
the County shall not be required to maintain any roads wittrin the subdivision.
7 . FEES IN LIEU OF DEDICATION OF LAND TO SCHOOL DISTRICT. The OWNETS
shall make a cash payment in lieu of dedicating land to the Roaring Fork School District, RE-1, calculated
in accordancE with the provisions of Resolution No. 99-096, now codified as Sections 9:80 and 9:81 of
the Garfield County SuMivision Regulations, which states that the cash in lieu payment is equal to the
unimproved per acre market value of the land multiplied by the land dedication standard rnultiplied by the
number of units in the subdivision. The parties acknowledge and agree that for St. Finnbar Farm the
above formula shalt be completed, and the total amount of the cash payment in lieu of dedication of land,
calculated as follows:
a. Unimproved per acre market value of land, based upon an appraisal submitted by
Owners = $29,272.43.
b. Lurd dedication standard (from Resolution No. 99-096):
13 single family DU's x .020 acres :0.26 acres; and
c. Total amoum of cash in lieu payment:
$29,212.43 x0.26 = $7,595.23
The Owners shalt therefore pay to the Garfield County Treasurer at or prior to the time of recording the
Final Plat for St, Finnbar, the sum of $7,595.23 as a paymert in lieu of dedication of land to RE-l School
District, which shall be utilized in accordance with the provisions of C.R,S, 30-28-133, as amended. The
Owners specifically agree that they are obligated to pay the above and foregoing fee, accept such
obligation, and waive any claim that they are not so obligated or required to pay such fee, The Owners
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agree that subsequent to recording of the Final PIat, Owners will not claim, nor are the Owners entitled
to claim, a reimbursement of the fee in lieu of land dedication to RE-l School District which is paid in
accordance with the provisions of this Agreement.
8. FIRE DISTRICT FEES. The parties recognize and agree that the approval of the Final
Plat constitutes approval of thirteen ( l3) dwelling units and ten (10) accessory dwelling units. The parties
agree that the Impact Fees for the Carbondale & Rural Fire Protection District shall be a total of
$9,591.00, which amount shatl be paid by the Owners to the Carbondale & Rural Fire Protection District.
Owners specifically agree that they are obligated to pay the above and foregoing fee to the Carbondale &
Rural Fire Protection District, accept such obligation, and waive any claim that they are not so obligated
or required to pay the Fire District Fees. Owners agree that subsequent to recording of the Final Plat ttre
Owners will not claim, nor are the Owners entitled to, a reimbursenrcnt of the Fire District Fees to be paid
in connection with this Agreement.
9. INDEMNITY. To the extent allowed by law, the Owners agree to indemniff and hold
the County harmless and defend the County from all claims which may arise as a result of the Owners'
installation of the improvements required pursuant to this Agreement. However, the Owners do not
indemni$ the County for claims made asserting that the standards imposed by the County are improper
or the cause of the injury asserted.
The County shall be required to notily the Owners of receipt of a notice of claim, or a notice of
intent to sue and shall afford the Owners the option of defending any such claim or action. Failure 0o
notify and provide such written option to the Owners shall extinguish the County's rights under this
paragraph. Nothing herein stated shall be interpreted to require the Owners to indemnify the County from
claims which may arise from the negligent acts or omissions of the Counry or its employees.
10. SALE OF LOTS. No lots within St. Finnbar Farm shall be conveyed prior to recording
of the applicable Final Plat, Prior to conveyance of any lot within St. Finnbar Farm, a copy of the
"Disclosure Form and Notice" attached hereto as Exhibit "D" will be provided to each lot purchaser.
Upon closing, the closing agent shall verify that the lot purchaser has signed the acknowledgment of notice
as to the terms of this Agreement and to the Disclosure Form and Notice.
11. ISSUANCE OF BTIILDING PERMITS. As one remedy for breach of this Agreement,
the County may withhold issuance of building permits for any structure within St. Finnbar Farm. The
parties agree that no building perrnit shall be issued until the Owners demonstrate to the satisfaction of the
Fire District that adequate water is available for the Fire District's purposes at the site of construction.
Further, the parties agree that no certificate of occupancy shall be issued for any building or strucntre
within the Final Plat until all subdivision improvements, have been completed and are operational, as
required by this Agreement.
L2. ENFORCEMEITIT. In addition to any rights which may be provided by Colorado statute,
it is mutually agreed that the County or any purchaser of a lot within the Prope rty shall have the authority
to bring an action in the District of Garfield Counfy, Colorado, to compel enforcement of this Agreement.
13. CONSENT TO VACATE PLAT. In the event the Owners fail to comply with any of the
terms of this Agreement or the terms of the Preliminary Plan the County shall have the ability to vacate
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the Final Plat as it pertains to lots for which no building permits have been issued. Any existing lots for
which building permits have been issued, shall not be vacated and the Final Plat as to those lots shall
remain valid. The Owners shall provide a survey and complete legal description with a map showing the
location of a portion of the Final PIat so vacated.
1,4. BINDING EFFECT. This Agreement shall be a covenant running with the title to each
lot within the Final Plat, and the rights and obligations as contained herein shall be binding upon and inure
to the benefit of the Owners, and their respective successors and assigns.
15. RECORDIT{G. Upon execution and authorizationby the County, the Owners shall record
this Agreement with the Office of the Clerk and Recorder for Garfield County, Colorado.
16. VENTIE AND JLIRISDICTION. Venue and jurisdiction for any cause arising out of or
related to this Agreement shall lie in the District Court for Garfield County, Colorado and be construed
pursuant to the laws of the State of Colorado.
17 - AMENDMENT. The parties hereto mutually agree that this Agreement rnay be amended
from time to time, provided such amendment is in writing and signed by the parties hereto.
18. NOTICE. AIl notices required herein shall be tendered by personal service or certified
mail upon the following individuals or agents of the parties to this Agreement:
Board of Counfy Comrnissioners
c/o Mark Bean, Planning Director
109 8'r' Skeet, Suite 303
Glenwood Springs, Colorado 81601
St. Finnbar Land Company
32 Buttonball Lane
Weston, CT 06883
Roaring Fork Farm, LLC
c/o Garfield & Hecht, P.C.
110 Midland Ave., Suite 201
Basalt, CO 81621
With copy to:
Ronald Garfield, Esq,
Garfield & Hecht, P.C.
601 East Hyman Avenue
Aspen, Colorado 8161I
(97 0) 925 -1.93 6 (phone)
(970) 925-3008 (facsimile)
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ENTERED INTO the day and year first written above.
St. Finnbar Company, a Cotorado corporation
By:
Print
Title:
Roaring Fork Farm, a Colorado limited liability company
[Acknowledgments on Following Page]
BOARD COMMISSIONERS
NTY, COIORADO
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The tbregoing Subdivision lmprovements d,gre.ement was acknowledged before me this fu^,Mc*ahir,2000 q@asViu ?rtc1/,fr-of st. Finnur. r-*o
WITNESS my hand and official seal.
My commission expires:lIYCilIMtqqNil B'DIEES
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srArE oE Ca/oralo
couNrY oF /ll*rh
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k The foregoing Subdivision Improvements Agreement was acknowledged treftlrc aE*Ss ErF:rrr'
rlay of lecutkf-zooo ty narth t/tlkf^l Manager of Roaring Fork Farm, llcHffi,,
Colorado limited liability company.
WITNESS my hand and official seal.
My commission expires:
IfY COM}TSSION EOIRES
417101
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[*gal Description of SFLC Property
lcgal Description of RFF Property
E)fiIIBIT "C"
Estimated Cost of Improvements
EXHIBIT "D''
Notice to [.ot Purchasers
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E)ilIIBIT'DD
NOTICE TO LOT PURCHASERS
No building permit shall be issued until adequate water is available for the Fire District's purposes
at the site of construction. Further, no certificate of occupancy shall be issued tbr any building or
structure within St. Finnbar Farm, until the water distribution and sewer systems have been completed and
are operational, as requiredby the Subdivision Improvements Agreementtbr St. Finnbar Farmentered into
, 2000, Attached hereto and incorporated herein by this ret'erence is a copy of Garfield
County's Right to Farm Policy, All residents of St. Finnbar Farm shall comply with the Garfield County
Right to Farm Policy,
Acknowledgment of the terms of Disclosure Form dated this day of , 2000.
Lot Purchaser
w/attachmenfi Garfield County Right to Farm Policy
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EXHIBIT \\A//
PROPERTY DESCRIPTION
(LOTS 6-10)
A PARCEL OF LAND SITUATED IN GOV'T LOTS 6, 12, 13, AND 19 OE
SECTION 31, TOV{NSHIP 7 SOUTH, RANGE B'7 WEST, OF THE SIXTH P.M.,
GAF.I'IELD CCUNTY, COLOR.\)O, SAID PROPERTY BEING MORE PARTICULARLY
DESCRIBED AS FOLLOI.iS:
BEGIN}{ING AT A PCII.IT bIHENCE THE WiTNESS CORNER STONE TO THE
NORTHEAST CORNER OF.SAID SECTION 3I BEARS N 55O33'OO" E, 5573.88
FEET; Ti-IENCE N oco00',33" E, L213.09 FEET,. THENCE N 89olL',OJ" E,
405.25 EEET; S 00"02'58" W,2L9.94 FEET; THENCE S 76o34'25" E,
280.18 FEET; THENCE S 43"23'slu E, 235.49 EEET; THENCE
s 4lo25',36" E, 283.16 FEET; THENCE N 59o44'.43" E, 20.46 FEET;
THENCE S 42O22'29" I, ??.81 FEET; ALONG THE ARC OE A CURVE TO TI{E
LEFT I.iAVING A RADIUS OF 2OO.OO FEET AND A CENTRAL ANGLE OP
72"51'5A", A Drst-itlaE CE 45.25'(CHORD BEARS S 46oLz',51" E, 45.L6
FEET); THENCE S 50.58'16" E, 63.12 FEET; ALONG THE ARC OF A CURVE
TO THE RIGHT HAVING A RADIUS OF lOO. OO FEET AND A CENTRAL ANGLE
oF 33"4J',53u, A DTSTANCE OF 58.99',(CHORD BEARS S 34"04',50" E,
58.14 FEET); THENCE S l-7"10'54" E, L.l9'; THENCE ALONG THE ARC OF
A CURVE TO THE LEET FIAVING A RADIUS OF 1OO.OO TEET AND A CENTRAL
ANGLE OE 37O03'56", A DISTANCE OF 64.69' (CHORD BEARS
S 35o42'5L" 8,63.57 Ff,ET); THENCE ALONG THE ARC OF A CURVE TO
THE LE]T HAVING A RADIUS OF 1OO. OO FEET AND A CENTRAL ANGLE OF
01"34' 42" , A DTSTAI'ICE OF L3.23', (CHORD BEARS S 58"02',10" E, 13.22
EEET); THENCE S 61'49'3L" E, 111.06 F'EET; THENCE ALONG THE ARC OF
A CURVE TO THE LEFT HAVING A RADIUS AE 261.69 EEET AND A CENTRAL
ANGLE OF 27"I5120U, A DISTANCE OF 124.49'(CHORD BEARS
S ?6"29'LOU E, I23.32 EEET); THENCE S 14O34'24" E, 88.01 EEET'
THENCE ALONG THE ARC OE A CURVE TO THE LEFT HAVING A RADIUS OF
50.OO EEET AND A CENTRAL ANGLE OF 2L"49'0L", A DISTANCE OF
19.04', (CHORD BEARS S 03 " ?g', 54" E, 18 .92 L'EET ) ; ',IHENCE
s 49o42', 30t', E 212.11 FEET; THENCE S 84"20',26" E, 101-.85 FEET;
THENCE S 24"L2'T4" W,398.65 FEET TO THE CENTERLINE OE THE
ROARING TORK RIVER, THENCE THE FOLLOWING FIVE(5)COURSES ALONG THE
CENTERLINE OF SAID RIVER: N 75"33'2L" W, 212.62 FEET; THENCE N
84o25'20" W, 257.22 FEET; THENCE N 87"41',L9" W, 223.L8 EEET;
THENCE N 88o30',35'W, 346.12 FEET; THENCE N 65o59',25" W, L20.15
FEET; THENCE LEAVING SAID CENTERLINE N OO"30'OO" W, 233.20 EEET
TO A BRASS CAP L.S. NO. 10132, THENCE S 88o3r',40" W, 4.99.89 EEET
TC T!{E POINT OF BEGINNINC, SAID PARCE,L CONIAINING 38.132 P.CF{J,
MORE OR LESS.
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L=;: rin','iii: .:. -.1 :-a ,: :i. al r-Efl .-l:l i Cf;)iTB-:.- ---)'CL; CF . ^' :)' ii" | .q
D:Sl-r.)lc: 05 : i.l-l 5:r: ':ric3.! Bgp.F,s ). c3'39',a4" -.',, t 8 .?2 FS-:-Ti ,' T:{E}|CE
N iJ"34'24" W, S3,C: 5trET; THI}ICE AICI]G A NON_T1.}:GENT CURVE TO THE
R.IG::T HI-VING A 3;-DIaS CF261.69 FEET .q\D A CENTRAT AIiGLE O? 21 oL5'2C", L
D:S:-iNC5 Cr i:1."1 ; fl:T tCIiSi.D 3g;.R-r:; a6"29'.--:"::i, ^-23.32:Zar; ;
Tii=:i3i N 5:o,1 9'3:" ',:, -11.06 EEaT; I--lIllCE ALOilS -i CLTRTE TC Th= RIGH!
Ii}.;:}IG }. RX.IIUS CT i: - . :C FEET AND i. CENITR.AL ANG-g CF f O 34' 12" , A
D:S:.r^Nrct oF i3.23 i:i: .ci{cRD BE}.RS li 5B o 02' lQ" "';, i3 -22 F=f Ti ; T!{ENCE
ALC}JG A CURV' TC Tili F.TGTI HAVI}.IG A RT.DIUS OF 1".00 EEET A.I;D A CENTRAL
A:::- t ot' 3l'i3'a6", .:. ::siAi.,iaE og 6i.69 FEgT iCl-.J1f B:F.RS
N:5'42',-=--','ri, af.:1 ::=i) ; Tl1r:.cE l;17"L1',54" "';, 1'19 FEE:; TIiENC!
a,LCi;G A CIJ3.';: TC\ T.:1 ::!'T llA.I,/tNG F. R;.DiUS OF 10C. J0 aEET A.ND -r' CENTRAL
A}:G-E OF 33" 41 ' =3", .:. ]:STANCE OF' 5; . 99 FEET iCiiCRD BEARS
)l 3.:"04',50- ',{, tr3.11 rfEl) ; THEr.r"CE I'l 50"58',46" '.i, 63.'72 EEET; TI{ENCE
riLCliG A CUR',IE TC TilS S.:GHT HAVIIJG A RADIUS OF 200.C0 FEET AND i- CENTRAL
ANGLE OF 12"5?',50", p. DTSTANCE OF'45.25 FEET (CHORD BEARS N 46o12'.51"
?i , ,i5.16 FEET) ; THENCa N 42'22'29" 't, 1'1 .8i FEET; THENCE
S 59O44'43" W, 20,46 SEET; THENCE N 4)-O25'36" W, 283.16 FEET' THENCE
N 4-?"23'5\" 71 , 235.49 FEET; THENCE N 76O34'25"'TI , 280.18 EEET; THENCE
N OOO02'58" 2, 2L9,94 IEET; THENCE SI 89"11'07'E, 66'08 F'EET TO A REBAR
AND CA? L.S. NO. :959E III PLACE; T!{=:;CE l'l 00o00'i8" E, 262'93 IEET TO A
REB}R AND CA-P L.S. NO. 19598 rl'l PLACE; TFIENCE s ?6"41 ',40" Et 1038'73
FEEI TO A R,EtsAR F.}JD Ci.:- L.S. NO. 19598 iN PLACE; TI{EIICf, S ].3OL2'20" W,
lzi.XO FEET TC A REBni AND CAP L-S. IiO. 19598 IIi ?LACE; THEI\*CE
S Eiool'li" E, 285.'t2:EET TO A REBAR AND CAP L.S. NO' 19598 IN PLACE;
THi):cE s-1 i"3c'29" =, ?).14 FEET TO A REBAR..qND f.\P L.S. I'lO. 19598 TN
PLi.Ci; THEIICE S 62'lz',:6" E, 3li-)3 :rET TO A F.r3l'R p-ND CAP L.S' NO'
\ga)a Ill ?LF.cE; TliEi:cr s 77o 44'5?" L, 3rl'c9 FEir ro A REBF.R A-ND cAP
L. S, NO. 19598 ill FL.iC=; THENCE li 72' 4!' 32" E, :36.34 FEET TC THE POINT
OF 33GIN}IING. SP.i f F.I.RCEL CCI.]TAI}IING 4 6. B 4 9 A.CF,IS, MORE OR LSSS .
K: \i'iP\8 9\ 89Cj4 \LCTS --4, "-l-i3' ]OC
/
ililtililllt llllil ]llt lfl ltillilil til llffi lllllll
Ollggl?O0l tr3tl0P t1226 P343 I'l fl.SDORFA R O,WA D O.OO GffiFIELD COTIITY CO
57t732
13 of
December 4. 2000
Mark Bean, County Planner
Gartield County Building and Planning Department
109 8'h Street, Suite 30i
HIGH COLiNTRY ENG&fr'*[,*l
Glenrvood Springs. CO
St. Finnbar Farm - Release of Collateral; HCE Project No. 89074.09
Dear Mark:
I am rvriting on behalf of the St. Finnbar Land Company and the Roaring Fork Farm, LLC
1"Ou'ners"). tn accordance with the terms of the Subdivision Improvement Agreement by and
betN'een the Orvners and the board of County Comm issioners of Carfield Count-v, each request
for partial release of collateral must be signed by the Project Engineer, and shall ceniry that:
L Allcosts tbr rvhich the release is being reqLrested have been incurred in connection
u ith the construction of the Improvements;
2. All rvork performed and materials supplied are in accordance with the plans and
3. All rvork has been performed in a workmanlike manner;
4. No funds are being requested for work not completed, or for materials not installed or
stored on site; and
5. The Project Engineer has inspected, approved and has certified that ali such
improvements have been constructed in accordance rvith the plans and specifications.
P|ease consider this lener certification by the Project Engineer, High Country Engineering, Inc.
(HCE), that all of the fbregoing requirements have been met up to the date of this request. The
November 2000 Pal ment Request from M&M Construction is attached hereto and incorporated
herein by reference. The originalamount of the Construction Costs for Public lmprovements was
$1,010,562,30. We are requestingthe funds in the amount of 5863,546.00 be released and
considered complete. Thus, leaving the amount of $147,016.30 to cornplete the remainder ofthc
public improvements.
Plcase contact me if you have any questions or need additional information.
Sincerely,
Leslie A, Hope, P.E.
Project Manager
Enc
cc.Ron Liston. Land
Jim Mindling, Roaring Fork Farm
923 Coqcr Atcnzc
Glctwood Spriais, CO El60l
phoac 970 945-E676. lor 970 94*255s
11 Intcnuu l]r{;vc Egr,t, Stc E-111
Eagltvod, CO NrIz
phonc 303 o2<4q4.Id:t t03 9254317
Lllltl llll ulllrulil ililt illllilil lltil fl llltotloglagot o3:rrop 81728 p3fi l1 [-sDoitF14 R 0.00 0 s.oo GRRFIELD COUITY CO
471732
14 ol
loB NO: 8907{.1. lu)u
Groiting and EwTh*or*
ltobrlil5don
Eurths rrrk
L'rriurtihh \lltrrirl Rcallccttlulr
]' .\rphrlt
6' CIas:6 -{BC
|l' Ciri' 3
15 rt5 16' .{rtrCrtr Conrrr:t Bor Bridgc
lJ'rl-r'16' AmCor Corcrcrc Bor Bridgc
l"('Clr 16' lmiur Cuncrrre Bor Bridgc
ll)'r:l)' Crrncrc(e ErPamion Shb
Crrncrctc Wing Wolls li)r Cunr: Br)r Erjdgc
*ona Dtaint
18" .{DS-S I I Culr crt. $ Flrred End Scc'.rrrt
SwtiutT Scwer
rpricc rnclud(3 Itenchint ilrl tittiogt
E' SDR -i5 Sewer Pipc
l' Dramttcr S.uer :Uanhole
l" Seae-r Sarvicc
t-l :- C-'xD Fo(cc }[rin
-i' Dlrmrter ScsEt Fotcc lhin volve Bor
Lrlt Sutrun
Dottuslic Walcr
*prrcc rncludes trcnchinB rrd tiltinBs
CrlGr.ic Wea Well rrd Curtrin DEin
Dr) Fi.c Htdtrnl Asscmbl.v
ShrlWAdnfrx , ...:,
Elccrk Trarsformcr
Elccttic/Tc I cPhonc/Ceblc
Grr Cora fiorn KN Eturry
Etccuic Coss from HolY Cross Elcc.
Coatuit rnl Wlrning Trgc
*ftsccllancoll,r
Guarrlrail. CDOT TrPd l
Rcvcgcrale,rLarlscapc
Ctirsr I Grousl Sitn
Sedimcnt Control Ferrc
Complia*e ujh NPDES
r L.S,
r L.S
l0rx) c,\'
7650 S.Y
l5l0 c Y
10:0 c.Y
t0.9J0.00
lJ,6rJ.00
1*.S0
E.00
i;.00
I 1.50
+:,$0.il)
15.J00.0J
3r.00o.m
1J.00,0.00
8.000.00
:: 50
1r.00
.1. t00.00
t,700.00
ll 00
1.300 00
.r'1.000.1)0
10.0o,0.00
2.?ft.m
125,00
J.?0
30.m0.00
114,000.m
9.00
+7. r0
t0,000.00
t5{}.0o
1.05
1.000.m
r0.()()0.00
t.r.6t1.00
I S.!rU).rll
f'1.1110.00
:6.010.00
17.170.m
t:7.-i00.00
:5.500.00
1r.000.00
30.000,00
{t.000.00
i-r)15.00
60.960.00
.r9.:00.m
::. t00.m
15,9'60.m
{,100.00
r1.00).00
10.urc.00
!.700"00
2.925.m
24,282.00
30.000.c0
il4,000.m
6r.890.m
3l ,086.00
10.000.00
?50.00
6.60 1.00
3.m.@
10.000
t,l,6rJ
I 88t)0
591t6
160i0
77770
E5000
25 500
14000
10000
J8fin
]-UIJ
60.96{}
.ts.200
It.l00
r5.960
{.300
3690t)
10.000
2.700
792J
242C2
10,000
I l{,000
6rE90
]1086
5000
750
4.968
2.000
0
0
0
!.91+
D
0
.l].500
0
0
0
0
u
0
0
0
0
0
r.100
0
0
0
0
0.
0
0
E:ch
Each
Erch
Each
6 Each
t'l
t.i.r L.F.
t5t0 L.F
ll Erqh
ll Each
7fO L.F.
t Erch
t Each
I E3ch
I Elch
IEth
4260 L.F.
I L.s.
I L.S.
1!10 L.F.
660 L.F,
I L.S.
I F:ch
3:10 L,F.
r L.S.
0
5.000
0
t.6ll
0
l:'{r.od.6\fd. E9\07rrFluiEi6Prov dl
-
ttlnr coiltPLETED AS REIL{I}IxG
,BTOTAL
tou coliTlGE)'iCY
TOTAL
t91t,693.00 coi\tPLEfED
s9r.E69.v) To DATE
sr,0t0,562.10 s5J.S.16.00
TOTTAL COSTS
RE\LTL\IXC
l17.0l6.yl
This swnma4. of probabh cons:.r. ction cost \,6 pfeParc.l tor elinating PurPoses
onh'. Hith Counru* Enginuring, Inc- caanot bc htld resPonsiblc for vrid,tcct
fton this csimue as acurrrl costs ntq' vdry duc to bid and nlmrkcr fiucruaions'
923 Coqcr Atcnu
Glcn*od Sprhgt, CO Uel
phoac !t1/0 915-8676 ' tor 970 9aS'2555
14 Intcnlc'il lhiw Ed[i4 St B'l'1
Etgh*ood, CO t0ll2
phonc 303 izs-0514 . lu 3oJ ns4317