HomeMy WebLinkAbout8.0 Exhibits - Release of Agreement Restricting Transfer of Lots 10.02.2017Board of County Commissioners, October 2, 2017
Exhibits — Pinyon Mesa Filing 2 — Release of Agreement Restricting Transfer of Lots
Exhibit
Number
Exhibit
1
Staff Memo to Board of County Commissioners — Pinyon Mesa Security Release
2
Release of Agreement Restricting Transfer of Lots
3
Cover Letter from David Kotz of SGM requesting Release of Agreement Restricting
Transfer of Lots, Dated August 23, 2017
4
Request for Final Release of Transfer Restriction (Exhibit F) from David Kotz of
SGM, Dated August 29, 2017
5
Record Utility Plan stamped by David Kotz, PE, of SGM for Pinyon Mesa II Final
Plat / Construction
6
Bargain and Sale Deed for the transfer of Open Space A to the Pinyon Mesa
Homeowners Association
7
Bill of Sale from PMGC2, LLC to the Pinyon Mesa Homeowners Association for
Water Transmission Facilities and Wastewater Collection Facilities
8
Pinyon Mesa Filing 2 Subdivision Improvements Agreement
9
Pinyon Mesa Filing 2 Agreement Restricting Transfer of Lots
10
Pinyon Mesa Filing 2 Preliminary Plan Resolution of Approval, Resolution Number
2007-04
EXHIBIT
1
Memo
To: Board of County Commissioners
From: David Pesnichak, Senior Planner
Date: 10/2/17
Re: Pinyon Mesa Filing 2 - Subdivision Improvements Agreement Final Request for Release of
Agreement Restricting Transfer of Lots
On September 19, 2016 the Board of County Commissioners approved a final plat, Subdivision
Improvements Agreement ("SIA"), and Agreement Restricting Transfer of Lots ("Agreement") for the
Pinyon Mesa Filing 2 Subdivision ("Subdivision"). The Subdivision of the property required certain
improvements that were memorialized in the SIA and secured with the Agreement.
The Applicant has requested a final release of the Agreement and, in addition to the conveyance
instruments to the homeowners association, they have adequately demonstrated completion of the
remaining required improvements by the seal of a licensed engineer certification regarding the
completion of the required improvements.
The Applicant has provided a 'Release of Agreement Restricting Transfer of Lots' that has been reviewed
by the County Community Development Department and County Attorney's Office and appears to be
adequate.
A final release of security for public improvements requires the Applicant submit additional information
including:
1. Record drawings bearing the stamp of Owner's engineer certifying that all Subdivision
Improvements have been constructed in accordance with the requirements of the SIA, including
all Final Plat Documents; and,
2. Copies of instruments conveying real property and other interests which the owner was
obligated to convey to the homeowner's association or other entity at the time of Final Plat
Approval; and,
3. A Written Request for Final Release of Security, in the form prescribed by the SIA, along with
Owner's engineer's stamp and certificate of final completion of the Subdivision improvements.
The County is in receipt of the required information and therefore Staff recommends approval of the
request and authorization for the Chairman to sign the 'Release of Agreement Restricting Transfer of
Lots' required by the SIA for the Subdivision.
1
EXHIBIT
RELEASE OF AGREEMENT RESTRICTING TRANSFER OF LOTS
This RELEASE OF AGREEMENT RESTRICTING TRANSFER OF LOTS ("Release")
is executed this 2nd Day of October, 2017 by the Board of County Commissioners of Garfield
County, Colorado ("County").
RECITALS
WHEREAS, PMGC 2, LLC, a Texas limited liability company ("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 by that certain Final Plat of Pinyon Mesa Filing
2, according to the plat thereof recorded September 20, 2016, as Reception No. 882620
("Subdivision"); and
WHEREAS, contemporaneously with the recordation of the final plat of the Subdivision,
Owner and Garfield County entered into a Subdivision Improvement Agreement ("SIA") recorded
on September 19, 2016 and recorded as Reception No. 882621 in the records of Garfield County,
which requires Owner to make certain public improvements within the Subdivision; and
WHEREAS, as security for such public improvements, Owner and the County entered into
an Agreement Restricting Transfer of Lots ("Agreement") recorded on September 20, 2016 at
Reception No. 882622 in the records of Garfield County, Colorado; and
WHEREAS, the Agreement restricted the transfer of lots described as Lots 49-58, of the
Subdivision ("Lots") until such time as the public improvements were completed; and
WHEREAS, Paragraph 1.3 of the Agreement provided that upon completion of all
Improvements, as defined by the SIA, that the County shall enter into an agreement releasing the
Transfer Restriction on the Lots, and upon recordation of such agreement, the Transfer Restriction
shall no longer encumber the Lots or any other portion of the Subdivision; and
WHEREAS, Owner has presented certification to the County from a licensed engineer that
construction of Improvements is final, and intends to release the transfer restriction on all Lots by
recording this document.
RELEASE OF TRANSFER RESTRICTION
NOW THEREFORE, in consideration of the completion of the Improvements required by
the SIA, the County does hereby fully and absolutely release, cancel, and forever discharge the
Agreement Restricting Transfer of the Lots recorded on September 20, 2016 at Reception No.
882622 in the records of Garfield County, Colorado from the Lots together with all privileges and
appurtenance thereto belonging. The transfer restriction established by the Agreement shall
henceforth no longer encumber the Lots or any portion of the Subdivision.
IN WITNESS WHEREOF, the County has executed this Release of Agreement Restricting
Transfer of Lots on the day and year first written above.
BOARD OF COUNTY COMMISSIONERS
FOR THE COUNTY OF GARFIELD,
STATE OF COLORADO
By:
John Martin, Chairman
ATTEST:
Jean Alberico, Clerk and Recorder
Garfield County, Colorado
2
August 23, 2017
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
Engineer's Certificate of Completion
Board of County Commissioners:
SGM
www.sgm-inc.com
b
a
EXHIBIT
On behalf of PMGC2, LLC, SGM provides this letter as the Engineer's Certificate of Completion for the
Public Improvements associated with Pinyon Mesa Phase II.
Throughout the construction process, SGM conducted periodic site visits to observe construction
practices for ongoing and completed work. We participated in construction meetings with the
contractor, David Rippy Construction (DRC) and owner representative Ron Norman. We reviewed
construction testing reports from H -P Kumar that indicated satisfactory conformance with the
specifications for earthworks, concrete and asphalt work. SGM surveyors performed construction
staking as requested by DRC and also completed a post --construction survey to document as -constructed
grades and surface improvements. SGM field personnel witnessed successful water system and sewer
system tests and we have received evidence of successful bacteriological tests from the Snowmass
Water and Sanitation District lab for the potable water.
Based on the above, SGM has concluded that the infrastructure work is complete and that it was
performed in substantial compliance with the engineered plans, specifications, and the requirements of
the Subdivision Improvements Agreement. Revegetation is covered by a separate Treasurer's Deposit
Agreement with a security amount of $12,500. This work will occur during the appropriate seeding
window starting in October.
Please contact me if you have any questions, comments or require clarification of this letter.
Sincerely,
SGM, 1
David M. Kotz, P.E.
GLE1502511OOD SPRINGS"' ',1;18 West Sixth St, Suite 200 1 Glenwood Springs, CO 81601 1 970.945.1004
EXHIBIT F
REQUEST FOR FINAL RELEASE OF TRANSFER RESTRICTION
AUGUST 29, 2017
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
SSGM
www.sgm-inc.com
EXHIBIT
Y
This request is written to formally notify the BOCC of work completed for Pinyon Mesa, Phase 2. On
behalf of the Owner PMGC2, LLC, 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 $1,042,640.50.
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 September 19, 2016
between Owner and the BOCC, recorded at Reception No. 882621 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 hard 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 Chad J. Lee, Esq., Balcomb & Green, at (970) 928-
3469.
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.
avid M. Kotz, P.E.
Owner's Engineer
GLENWOOD SPRINGS 118 West Sixth St, Suite 200 1 Glenwood Springs, CO 81601 1 970.945.1004
1111 PrKIM, lilt 1 11 1
Reception#: 882621
09/2012016 12:22:38 PM Jean A1berico
34 or 49 Rec Fee:$251.00 Doc Fee:0.00 GARFIELD COUNTY CO
Exhibit A-2.
Pinyon Mesa Phase II
Public Improvements Cost Estimate
Unit
1 Lump sum
2 Cubic Yard
3 Cubic Yard
4 Cubic Yard
5 Ton
6 Ton
7 Linear foot (LF)
8 Square feet
9 Each
10 LF
11 LF
12 Each
13 Cubic Yard
14 Each
15 LF
16 LF
17 Each
18 Each
19 Each
20 LF
21 Each
22 Each
23 Each
24 Each
25 Lump sum
26 LF
27 Each
Description
Mobilization
Road over ex - recompact
Cut Fill
Pit run fill
Class 6 road base
Asphalt pavint
Type 2 curb and gutter
Valley Pans and Fillets
48" FES
ADS N-12 18"
ADS N-12 48"
18" FES
Outlet rip rap
Drain Inlet w/ 2' overex
8" PVC Sewer Pipe
8" Certo 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
SSGM
Total
1 845,000.00 845,000.00
12100 87.00 884,700.00
2200 $6.00 $13,200.00
4400 88.00 835,200.00
1900 $30.00 $57,000.00
1000 5105.00 8105,000.00
4400 $28.00 $123,200.00
1620 $9.00 814.580.00
2 $600.00 81,200.00
380 $40.00 815,200.00
80 $115.00 89,200.00
3 $300.00 $900.00
60 $60.00 83,600.00
6 $3,800.00 822,800.00
665 $35.00 $23,275.00
250 $90.00 $22,500.00
15 $2,600.00 $39,000.00
6 $4,600.00 $27,600.00
1 $4,900.00 84.900.00
1900 870.00 $133,000.00
8 8350.00 $2,800.00
3 $2,100.00 $6,300.00
4 $6,200.00 $24,800.00
32 $2,200.00 $70,400.00
1 812,000.00 $12,000.00
4400 $8.75 538,500.00
15 $800.00 $12,000.00
ITEM TOTAL 8947,855.00
10 % Contingency
TOTAL W/ CONTINGENCY
Note: " 1
This cost estimate is an engineer's opinion of probable cost and is not a quotation or bid. .! • )
As with any estimate, actual costs may vary due to unforeseen circumstances and market conditions
1 (}
(f'10,1_ f,C`. :fir
$94,785.50
81,042,640.50
f
DATE PERIOD ENDING
PROJECT NUMBER
SUBCONTRACTORS APPLICATION FOR PAYMENT
PROJECT DESCRIPTION Pinyon Mesa
APPLICATION NUMBER 6
SUBCONTRACTOR David Rlppy Construction, Inc.
ITEM
NO
DE509P 06 oFWORK
AP04OVAL
WORK. COMPLE TED
Vr1•
WNOrCE 0
PRENOUS
APFIICAIIOs
INVOICE DATE
-N
PAYMENT DATE
M06162e600
106•
PHASE
CODE
TYPE S
ITEM
NO
DE509P 06 oFWORK
SCHEDULED
VALUE
WORK. COMPLE TED
STORED MATERIALS
fNISPERI00
IAT TAC“ PNOICESI
TOTAL COMFLETED•
STORED TO DATE
PRENOUS
APFIICAIIOs
INNS
APPLICA!,ON
-N
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
(8
19
20
21
22
M06162e600
540,000.00
40,000.00
0.00
0.00
40,000.00
los 01',
Road Overx-Recompad
82,391.00
82,391.00
0.00
0.00
82,391.00
1000'
Cut Fal
11,800.00
11,800.00
0.00
0.00
11,800.00
100.0u
P4 Run Fill
38,000.00
36,000.00
0.00
0.00
36,000.00
100 0,
Class 6 Road base
73,800.00/
39900.00
36,900.00
0.00
73,800.00
t000'.
Asphalt Paving
98,880.00
- 0.00
98.880.00
0.00
98,880.00
100.0.
Type 2 Curb
4,500.00
'- 0.00
4,500.00
0.00
4,600.00
100.01,:
Valley Pans & Fuels
14.742.00
' 0.00
14,742.00
0.00
14,742.00
too OR
Curb and Gutter
ADS N-1218'
ADS Nae 48'
88,200.00
r 0.00
88,200.00
0.00
88,200.00
1000-
15,200.00
15,200.00
0.00
0.00
15,200.00
too'.-
8,824.00
8,824.00
0.00
0.00
8,824.00
too 0,-1
18'FES
825.00
825.00
0.00
0.00
825.00
too
Outlet Rip Rap
3,800.00
7,200.00
0.00
0.00
7,200.00
.o,-
200 0%
Type 1 outlets with over x
22,800.00
22,800.00
0.00
0.00
22,800.00
100 Oil
8' PVC Sewer pipe
23,970.00
23,970.00
0.00
0.00
23,970.00
100.0°5
8' C-903 Sewer pipe restaco p
27,500.00
27,500.00
0.00
0.00
27,500.00
too 0':
Sewer Service
39,000.00
39,000.00
0.00
0.00
39,000.00
100.01M
Sewer manholes with 2' over X
23,000.00
23,000.00
0.00
0.00
23,000.00
loo 0-y
Sewermanhdes with dissipater
9,800.00
9,800.00
0.00
0.00
9,800.00
100.011
8' DIP Water Main
110,670.00
110,670.00
0.00
0.00
110,670.00
too Os
Water main Ftongs
2,800.00
2,800.00
0.00
0.00
2,800.00
too ox
8' Gate Valva with Valve box
8,075.00
6,076.00
0.00
0.00
6,075.00
too 05.
23
24
25
26
27
Fire Hydrant Assembly
24.800.00
24,800.00
0.00
0.00
24,800.00
too 0%
Water Service
70,400.00
70,400.00
0.00
0.00
70,400.00
100011
Erosion Control
12,000.00
12,000.00
0.00
0.00
12,000.00
100011
OwUll4es
53,812.50
54,521.25
0.00
0.00
54,521.25
1012.1
Electric Vete' install
12.000.00
12,000.00
0.00
0.00
12,000.00
(00.N5
28
CHANGE ORDERS
-
29
3o
31
TOTALS
Manholes Raise Grade
1,261.87
1251.137
0.00
0.00
1,251.87
1000',
Relocate SewerrAdd Water
9,200.00
9200.00
0.00
0.00
9,200.00
I00.0°4
Force Main
24,200,00
24200.00
0.000.00
24,200.00
loo On
loo 5,,
Pt/EST/COM
952,041,37
713,128.12
243,222.00
f -
956,350.12
TOTAL COMPLETED AND STORED TO DATE
VALUE OF STORED VATERVLLS
SUBTOTAL
LEVI PRE1CU5 APPLICATIONS
CUNNENT PAYMENT DUE
TOTAL TO DATE
956,350.12
•
958,360.12
713,128.12 •�
243,222.00 -- 4ph%poi �• g
PREVIOUS APPLICATIONS
713,128.12
713,128.12
713,128.12
THIS APPLICATION
243,222.00
243,222.00
3,222.00
k
RELEASE
I hereby certify that the work performed widths materialssWled 10 dal 0. as shown above. represent leo aGuai value en
oI accomplishment under nhe tams Nitta Contract (and
at aulhonzed changes thereto) between Ilio Ialaeniryled and JJ AI /. 1t 9 s /1 relating to the referenced project.
/
(also certify that the payments. less applicable retention. have been made through the pared Covered by previous payments received from the contractor or (1) as my
subcontractors. (sub -contractors) and (2) fix MI materials and Tabor used In o In conation kWh the perlOrnance of the COntraet. 1 tither certify that Move Competed with Federal
Stale and Local tax laws Including Social Security Laws, Unemployment Compensations laws and Workmen's Compensation Laws Insofar as applicable 10 the performance of the
Centrad.
This release is given en order to a pa]' n1 In the ante( of � / 2s "(net amount paid to dale including this nem]; and upon receipt el said
payment the Subcontractor released ?41 7 2. 1„,t C from any further Mihail), n connection who all matenals. labor and services lurnnned
119argh the pay period MOdicaled iiiiii /by the Subcontractor
Company Name David Rippy Censwction, Inc
Address: 3950 Midland Ave F-2
City. State, 2p. Glenwood springs. CO 81601
Phone. 970-319-0141
Fax. 970'945.0552
By
Title
Dale.
7177
David Rippv Construction Inc
3950 Midland Ave Suite F-2
Glenwood Springs, CO 81601
Bill To
Ron Norman
CIO SGM Engineering
118 W 6th Sleet ft200
Glenwood Springs. CO 81601
Quantity
Description
P.O. No.
Invoice
Date
Invoice #
7/11/2017
2675
Terms
Contract Billing t)6
Class 6 Road base
Asphalt Paving
Type 2 Curb
Valley Pans & Fillets
Curb and Gutter
Project
Pinyon f\lesa Phase 11
Rate
36.900.00
98.880.00
4.500,00
14.742.00
88.200.00
Tota I
Amount
36.90(1.00
98.880.00
4.500.00
14,712.00
88.200.0(1
5243.222.00
• Mgclea
Record
Plan
Ie.L.+711__...
6SGM
r '8 Wast S'.x1n 5lieet. Suite 200
Glenwood Springs, CO 61001
970.945-1004 www.sgn9 nc. corn
PMGC2, LLC
Pinyon Mesa II Final Plot/Construction
_ (0.L.n+
Dore
Record Utility Plan
ac
„ot.c Scok
VIII I MINIM r Atinii CIL'i PINiI.L Ih 1I II
Reception 896729
08/29/2017 12:07:56 PM Jean Alberlco
1 of 1 Rec Fee:513.00 Doc Fee:0.00 GARFIELD COUNTY CO
BARGAIN AND SALE DEED
CONFORMED
COPY
EXHIBIT
KNOW ALL BY TIIESE PRESENTS, that PMGC 2, LLC, a Texas limited liability comp
"Grantor," for the consideration of the sum of TEN DOLLARS (S 10.00), in hand paid, hereby
sells and conveys to PINYON MESA HOMEOWNERS' ASSOCIATION, INC., a Colorado
nonprofit corporation, whose legal address is 8 r ('-('r`. t � ; � � t;) } 61e Ser, ,751
the following real property situate in Garfield County, Colorado, to wit: Co (3/601,
Open Space A,
First Amended Final Plat of Pinyon Mesa, Filing 2
according to the plat recorded in the records of the Garfield County Clerk and
Recorder on June 13, 2017 as Reception No. 893464.
with
all its appurtenances.
Signed this 26 'day of June, 2017.
STATE OF COLORADO
) ss.
COUNTY OF GARFIELD
PMGC 2, LLC,
a Texas ed liabilit co
Bv:
any
Rolald • No -n
The foregoing document was acknowledged before me this 26 day ofJune, 2017 by Ronald
R. Norman as Manager of PMGC 2, LLC, a Texas limited liability company.
Witness my hand and official seal.
My commission expires: 9/2`-/
Address:
NOTARY ' UBLIC
NATALIE ZANCANELLA
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID #20074036139
My Commission Expires September 24, 201
BILL OF SALE
(Water Transmission Facilities and Wastewater Collection Facilities)
KNOW ALL MEN BY THESE PRESENTS, that PMGC 2, LLC, a Texas limited liability company
("Seller"), for and in consideration of Ten Dollars ($10.00) and other good and valuable consideration the
sufficiency and receipt of which are hereby acknowledged, hereby sells, assigns, grants, transfers, sets over,
bargains, remises, releases, and delivers to Pinyon Mesa Homeowners' Association, Inc., a Colorado nonprofit
corporation whose address is 201 14'h Street, Suite 200, Glenwood Springs, CO 81601, ("Buyer"), its
successors and assigns, all water transmission lines and facilities up to and including curb valve (collectively,
the "Water Transmission Facilities") and all wastewater collection facilities (collectively, the "Wastewater
Collection Facilities") located within Pinyon Mesa Filing 2 Subdivision as said properties are described on the
Final Plat of the same name recorded in the records of the Garfield County Clerk and Recorder.
TO HAVE AND TO HOLD the said Water Transmission Facilities and Wastewater Collection Facilities
to the Buyer and its successors and assigns to its own use and benefit forever.
The Seller hereby covenants with the Buyer that the Seller is the lawful owner of such personal
property; that they are free from all encumbrances, that the Seller has good right to sell the same as aforesaid;
and that the Seller will warrant and defend the same against the lawful claims and demands of all persons.
IN WITNESS WHEREOF, the Seller has executed this Bill of Sale this J 8 day of September, 2017.
PMGC 2, I/LC, a Texas ed 1.41ity company
r
R. Norman, ifs -Manager
/onal
STATE OF C_LAN-(,,v.p )
) ss.
COUNTY OF 6,,t`1\Pfit.\ )
The foregoing instrument was acknowledged before me this \ "6 day of September, 2017, by Ronald
R. Norman, as Manger.
My commission expires:
4'
ALICIA ANN BROADHURST
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID #20174011517
My Commission Expires March 15,2021
Witness my hand and official seal
Notary Public
1111li.1r�ti7Ki:i1 't44 x,' Mdkit 11111
Reception#: 882621
09/20/201E 12:22:38 PM can Alberico
1 of 49 Rec Fee:$251.00 Coo Fee:0.00 GARFLELD COUNTY CO
PINYON MESA FILING 2 SUBDIVISION
IMPROVEMENTS AGREEMENT
EXHIBIT
rfi:• THIS PINYON MESA FILING 2 SUBDIVISION IMPRQVEMENTS
AGREEMENT ("Agreement") is made and entered into this j_5 day of
+` ;,'t;Y'}•'1-2�} - , 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 thc 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 Ud 11 VW 7 , the Final Plat of Phase 1 of the Subdivision was
recorded as Reception No. 73? 76 / , which created forty-eight (48) lots; and
WHEREAS, Owner is the owner and developer of Phase II of thc 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 fling 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
1111 IMP IGFZ3/4.1.1h7,Eillliiv,U4k1Kriltirliyi, 11111
Reception#: 882621
09/20/2016 12:22:38 PM Jean Albericc
2 of 49 Rec Fee:$251.00 Dec Fee:0 00 GARFIELC COUNTY CO
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 0150211, and submitted to the BOCC on or about
. c / , q Zo/(p , attached as Exhibit A-1 and the estimate of cost of
completion, certified by and bearing the stamp of Owner's professional engineer
licensed in the State of Colorado ("Owner's Engineer"), attached as Exhibit A-2; and
all other documentation required to be submitted along with the Final Plat under
pertinent sections of the Garfield County subdivision and zoning regulations ("Final
Plat Documents");
ii. All requirements of the Preliminary Plan Approval;
iii. All laws, regulations, orders, resolutions and requirements of the State
of Colorado, Garfield County, and all special districts and any other governmental or
quasi -governmental authority(ies) with jurisdiction; and
iv. The provisions of this Agreement.
b. Satisfaction of Subdivision Improvements. The BOCC agrees that if all
Improvements are installed in accordance with this Paragraph 2; the record drawings are
submitted upon completion of the Improvements as detailed in paragraph 3.f., below; and
all other requirements of this Agreement, then the Owner shall be deemed to have satisfied
all terms and conditions of the Garfield County zoning and subdivision regulations, with
respect to the installation of Improvements.
3. SECURITY FOR IMPROVEMENTS.
a. Restriction on Transfer. As security for Owner's obligation to complete
the Improvements in accordance with this Agreement, Owner shall be restricted from
selling, transferring, encumbering, or otherwise conveying certain Lots within the
Subdivision with a cumulative value of at least $1,042,640.50, as determined by a licensed
appraiser, which amount represents the full estimated cost of completing the Improvements,
including a sufficient contingency to cover cost changes, unforeseen costs and other
variables (not less than 10% of the estimated costs and as approved by the BOCC), minus
the cost of Improvements already completed as of the date of execution of this Agreement,
as set forth and certified by Owner's Engineer on Exhibit A-2, to guarantee completion of
the Improvements. Owner has submitted an appraisal to the BOCC, attached as Exhibit
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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 S12,500 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 Revegctation/Reclamation Plan for the
Subdivision submitted as part of the Final Plat Documents.
ii. Following receipt of written approval of the Vegetation Management
Department, the Owner may submit to the BOCC, through the Building and
Planning Department, a written request for release of the Revegetation TDA, along
with certification of completion by the Owner, or Owner's agent with knowledge,
and a copy of the written approval of the Vegetation Management Department.
iii. If the Vegetation Management Department refuses approval and
provides written notice of deficiency(ies), the Owner shall cure such deficiencies by
further revegetation efforts, approved by the Vegetation Management Department,
as such may be instituted within the 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
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prior to requesting payment frorn 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 o f Transfer Restriction,"
in the form attached to and incorporated herein as Exhibit E, accompanied by the Owner's
Engineer's Certificate of Partial Completion of Improvements, stamped by Owner's
Engineer. The Owner's Engineer's seal shall certify that the Improvements have been
constructed in accordance with the requirements of this Agreement, including all Final Plat
Documents and the Preliminary Plan Approval.
Owner may also request release for a portion of the security upon proof that 1) Owner
has a valid contract with a public utility company regulated by the Colorado Public Utilities
Commission obligating such company to install certain utility lines; and 2) Owner has
paid to the utility company the cost of installation as required by the contract. The BOCC
shall authorize successive releases of portions of the face amount of the Security as portions
of the Improvements, other than revegetation, required hereunder are certified as complete to
the BOCC by the Owner's Engineer and said certification is approved by the BOCC.
d. BOCC's Investigation. The BOCC shall be permitted to inspect and review
the Improvements at any time during construction. For purposes of soliciting and
encouraging an inspection, Owner shall contact the Community Development Director, at
(970) 945-8212. Notwithstanding the foregoing, upon submission of the Owner's Written
Request for Partial Release of Transfer Restriction, along with Owner's Engineer's
Certificate of Partial Completion of Improvements, the BOCC may review the certification
and may inspect and review the Improvements certified as complete to determine whether
or not said Improvements have been constructed in compliance with relevant specifications,
as follows:
i. If no letter of potential deficiency is furnished to Owner by the
BOCC within fifteen (15) business days of submission of Owner's Written Request
for Partial Release of Security accompanied by Owner's Engineer's Certificate of
Partial Completion of Improvements, all Improvements certified as complete shall
be deemed complete by the BOCC, and the BOCC shall authorize release of the
appropriate amount of security.
ii. If the BOCC chooses to inspect and 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.
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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 arc 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 arc 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 Impro ents,
Owner shall submit to the BOCC, through the Building and Planning Department I j"` ecord
drawings bearing the stamp of Owner's Engineer certifying that all on-site Im•rovements
have
-•
or
alf Final Plat Documents and the
format acceptable to the BOCC;
other interests which Owner is ob i
elimina
•uirements o tis Agreement, including
Plan A• •royal in hard copy and a digital
copies of instruments conveying real property and
ssociation of
ate
to convey to
the S -77 --vision by the terms of this Agreement; and 3) a i ritten Request for Final
Release of Securit , in the form attached to and incorporated herein as Exhib' along
with Owner's Engineer's Certificate o - ina ompletion of Improvements.
omeowners
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(f).
ii. Notwithstanding the foregoing, upon Owner's Written Request for
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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 defnciency(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 casements 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.
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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,
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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
pennits for any structures requiring building permits within the Subdivision. Further, no
building permit shall he 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. to
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.
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17. SUCCESSORS AND ASSIGNS. The obligations and rights contained
herein shall be binding upon and inure to the benefit of the successors and assigns of the
Owner and the BOCC.
18. IDENTIFICATION OF CONTRACT ADMINISTRATORS AND
NOTICE PROVISIONS. All notices required or permitted by this Agreement shall be in
writing and shall be deemed effective when received by the recipient party via personal or
messenger service delivery, facsimile transmission or United States certified mail (postage
prepaid, return receipt requested), in all cases addressed to the person for whom it is intended
at the address or facsimile number set forth below:
Owner:
With Copy to:
BOCC:
Ronald Norman, Manager
PMGC 2, LLC
265 Ponderosa Pass
Carbondale, CO 81623
Chad J. Lee, Esq.
Balcomb & Green, P.C.
818 Colorado Avenue
Glenwood Springs, CO 81601
Board of County Commissioners of Garfield County,
Colorado
c/o Planning Director
108 Eighth Street, Room 201
Glenwood Springs, CO 81601
Phone: (970) 945-8212
Fax: (970) 384-3470
The Representatives of the Owner and the BOCC, identified above, are the
authorized representatives of the parties for purposes of contact administration and notice
under this Agreement.
19. AMENDMENT. This Agreement may be modified from time to time, but
only in writing signed by the parties hereto, as their interests then appear. The parties,
however, may change the identification of notice recipients and contract administrators and
the contact information, provided in paragraph 18 above, in accordance with the notice
provisions and without formal amendment of this Agreement.
20. COUNTERPARTS. This Agreement may be executed in counterparts, each
of which shall be deemed an original, and all of which, when taken together, shall be
deemed one and the same instrument.
21. VENUE AND JURISDICTION. Venue and jurisdiction for any cause
arising out of or related to this Agreement shall lie with the District Court of Garfield County,
Colorado, and this Agreement shall be construed according to the laws of the State of
Colorado.
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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, L,
a Texas 1
ed liabilit. co
BY / at_ _
R• ald Norman anager
BOARD OF COUN COMMISSIONERS
R THE CO
STAOF CO
ARFIELD,
By:
Print ame:
T. e' Chairman
ATTEST:
J Alberico, Clerk and Recorder
Garfield County, Colorado
STATE OFOooaco )
) ss.
COUNTY OF 6,0--P, e( )
on SQ ember I 2-003,
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
11111,H VSCL Ili 11111
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09/20/2016 12:22:38 PM Jean Rlberico
34 or 49 Rec Fee:$251.00 Doc Fee:0.00 GARFIELD COUNTY CO
Exhibit A.
Pinyon Mesa Phase!!
Public Improvements Cost Estimate
SSGM
Unit Description Unit Amount Unit Price Total
1 Lump sum Mobilization 1 545,000.00 545,000.00
2 Cubic Yard Road over ex — recompact 12100 57.00 584,700.00
3 Cubic Yard Cut Fill 2200 $6.00 513,200.00
4 Cubic Yard Pit run 61l 4400 58.00 535,200.00
5 Ton Class 6 road base 1900 530.00 557,000.00
6 Ton Asphalt pavint 1000 5105.00 5105,000.00
7 Linear foot (LF) Type 2 curb and gutter 4400 528.00 5123,200.00
8 Square feet Valley Pans and Fillets 1620 $9.00 514,580.00
9 Each 48" FES 2 $600.00 51,200.00
10 LF ADS N-12 18' 380 $40.00 515,200.00
11 LF ADS N-12 48" 80 $115.00 $9,200.00
12 Each 18' FES 3 5300.00 $900.00
13 Cubic Yard Outlet rip rap 60 $60.00 53,600.00
14 Each Drain Inlet w/ 2' overex 6 53,800.00 522,800.00
15 LF 8' PVC Sewer Pipe 665 $35.00 523,275.00
16 LF 8' Carta Flo sewer pipe restrain 250 590.00 522,500.00
17 Each Sewer Service 15 52,600.00 539,000.00
18 Each Sewer Manholes with 2' overex 6 54.600.00 527,600.00
19 Each Sewer Manholes with Dissipator 1 54,900.00 54,900.00
20 LF 8"DIP Water Main 1900 570.00 5133.000.00
21 Each Water Main Fittings 8 5350.00 52,800.00
22 Each 8' Gate Valve with Valve Box 3 82,100.00 86,300.00
23 Each Fire Hydrant Assernbiy4 4 56,200.00 $24,800.00
24 Each Water Service 32 52,200.00 570.400.00
25 Lump sum Erosion Control 1 512,000.00 $12,000.00
26 LF Shallow Utility Trenching 4400 58.75 538,500.00
27 Each Electric Vault Installation 15 5800.00 512,000.00
ITEM TOTAL 5947,855.00
10 % Contingency $94.785.50
TOTAL W/ CONTINGENCY 81,042,640.50
Note:
This cost estimate is an engineer's opinion ofprobable cost and is notaquotation or bid.
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As with any estimate, actual costs may vary due to unforeseen circumstances and market conditions,/
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Reception#: 882621
09/20/2016 12:22:38 PM Jean Alberico
35 of 49 Rec Fee:$251.00 Doc Fee:0.00 GARFIELD COUNTY CO
9/1/2016
Attention : Ron Norman- PMGC 2 LLC
Regarding Appraisal of Pinyon Mesa PUD: Filing 11
EXIIIBIT B
As per your engagement, I have completed an Appraisal analysis of the individual site values within Pinyon Mesa
PUD: Filing II. Scope of work includes site visitation, with review of the Final Plat, clearly depicting lots 49-80. (32 lots
within Filing 2).
-The 32 lots -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 duo 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-$150,000 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
4147
UII{ AN WE 1.71 1111
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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 Iiability
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
1111 Pd1111N,:tiliFi(i 'KlirillPY1E:r�110d'r ,Iiiiii 11111
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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
do Ronald Norman, Manager
265 Ponderosa Pass
Carbondale, CO 81623
With a copy to:
Balcomb & Green, P.C.
1111 le./NIVAIN4, i' I.1.1if 11
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Attn: Chad J. Lee, Esq.
P.O. Drawer 790
Glenwood Springs, CO 81601
clee@balcombgreen.com
If to County:
Garfield County Commissioners
109 Stn 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.
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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 Narne:
Title: Chairman
ATTEST:
Jean Alberico, Clerk and Recorder
Garfield County, Colorado
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Receptionl3: 882621
09120!2016 12:22:38 PM Jean Alberico
40 of 49 Rec Fee:$251.00 Doc Fee:0.00 GARFIELD COUNTY CO
EXHIBIT A
LEGAL DESCRIPTION
LOTS 49-58 PINYON MESA FILING 2, ACCORDING TO THE PLAT THEREOF RECORDED
e5 Za - AS RECEPTION NO. 88 062) IN THE RECORDS OF
G • RFI' D COUNTY, COLORADO.
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Reccptlont#: 882621
09/20/2016 12.22:38 PM Jean AlberIco
41 of 49 Rea Fee $251.00 Doc Fee:0.00 GARFIELD CCUMTY CO
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
■iii h, AlliCC,yihNiMa riaIAli RN10, 111
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required by state and federal tax law. Owner shall provide a completed Form W-9 to the
Treasurer at the time the deposit is made.
3. Disbursement Procedure. Disbursement from the Pinyon Mesa Phase 2 Revegetation
Treasurer's Account shall be made by the Treasurer upon the written direction of the
BOCC, as follows:
a. Request for Review and Approval. Upon complying with the two-year
revegetation requirement, Owner shall obtain written approval from the Garfield
County Vegetation Management Department of the required revegetation work.
b.
c.
d.
e.
f.
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.
1111 11111
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4. Term. The term of this Deposit Agreement shall begin on the date of execution, as
defined below, and end on or before two years following approval of the Grading Permit.
If Owner has failed to complete the Revegetation within this term, all funds held under
this Agreement shall continue to be maintained by the Treasurer until needed for
completion of revegetation by the BOCC under Paragraph 3.F.
5. Waiver, Consent and Indemnity. Owner consents to the disbursement procedure and
other actions authorized and provided for by the terms of this Deposit Agreement. Owner
waives any claim against the BOCC, the Treasurer, their officers, employees, agents, and
contractors, on account of each of their good faith performance of their obligations under
this Deposit Agreement. Owner shall defend, indemnify and hold harmless the BOCC, the
Treasurer, their officers, employees, agents, and contractors from and against any claim
made on account of this Deposit Agreement.
6. Indemnification of Treasurer. Owner and the BOCC each shall mutually defend indemnify
and hold the Treasurer harmless from any claim made. Owner and the BOCC each waive
any claim against the Treasurer involving this Deposit Agreement, unless such claim is
premised upon the wanton and willful misconduct of the Treasurer.
7. Binding Effect, This Deposit Agreement shall be binding on the successors and assigns of
all parties and shall terminate upon final disbursement of funds held by the Treasurer in
the Pinyon Mesa Phase 2 Revegetation Treasurer's Account.
8. Immunity. Nothing contained in this Deposit Agreement constitutes a waiver of
governmental immunity applicable to the BOCC under Colorado law.
9. No Agency. The making and execution of this Deposit Agreement shall not be deemed to
create a partnership, joint venture, or agency or fiduciary relationship among the parties.
10. Integration. This Deposit Agreement constitutes the entire agreement among the parties
pertaining to the method of deposit and disbursement of the Pinyon Mesa Phase 2
Revegetation Treasurer's Account. No supplement, modification or amendment of this
Deposit Agreement, other than changes as to notice information, shall be binding unless
executed in writing in a document of equal formality as this Deposit Agreement.
11. Notices. Any notice required or permitted by this Deposit Agreement shall be given in
writing and shall be effective upon the date of delivery, or attempted delivery if delivery is
refused. Delivery shall be made in person, or by certified return receipt requested U.S.
Mail or receipted delivery service to:
BOCC •
c/o Community Development Department
attn: Director
108 8`h Street, 4th Floor
Glenwood Springs, CO 81601
Garfield County Treasurer
Karla Bagley
109 86 Street, Suite 204
Glenwood Springs, CO 81601
IDI kl11./IYAMMI ���►��«��Fh}��l��t�� �l+�Ri��t, �I ill
Reception#: 882621
09!201201G 12:22:39 PM Jean Rlberico
44 of 49 Rec Fee:$251.00 Doc Fee:0.00 GARFIELD COUNTY CO
Owner:
PMGC 2, LLC
c/o Ronald Norman, Manager
265 Ponderosa Pass
Carbondale, CO 81623
With a copy to:
Balcomb & Green, P.C.
Attn: Chad J. Lee, Esq.
P.O. Drawer 790
Glenwood Springs, CO 81601
clee@balcombgreen.com
Changes in address, phone number and identity of contact person(s) shall be made in writing, and
may be made without formal amendment of this Deposit Agreement.
WHEREFORE, the parties have caused this Deposit Agreement to be effective on the date
of execution by the BOCC, as beneficiary, noted below.
ATTEST:
BENEFICIARY:
BOARD OF COUNTY COMMISSIONERS
GARFIELD COUNTY, COLORADO
By:
Clerk to the Board John Martin, Chairman
Date:
By:
Karla Bagley, Treasurer
DEPOSIT HOLDER:
GARFIELD COUNTY TREASURER
Date:
•IIIEPOMAIKIIMUKUNlSPAdlAUMili, lli!(i
Reeeption8: 882621
09120(2016 12:22:38 PM Jean Rlberico
45 of 49 Rec Fee:5251.00 Doc Fee:0.00 GPRFIELD COUNTY CO
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
Reception#: 882621
09/20/2016 12.22:38 PM Jean Rlberico
46 of 49 Rec Fee:$251.00 Doc Fee:0.00 GRRFIELD COUNTY CO
Exhibit A
ACKNOWLEDGMENT OF SATISFACTION AND DIRECTION TO TREASURER
TREASURER'S DEPOSIT AGREEMENT
Recitals
1. (a Colorado
[an individual], entered into a 20 Garfield County Treasurer's Deposit Agreement with the
Board of County Commissioners of Garfield County, Colorado ("BOCC") and the Treasurer of Garfield
County, Colorado ("Treasurer") dated and recorded on as
Reception Number of the Real Estate Records of the Garfield County Clerk and
Recorder ( "Deposit Agreement").
2. has presented certification to the BOCC from a
licensed engineer that construction of Improvements is final and/or written approval from the
Garfield County Vegetation Manager that revegetation is successful related to Grading Permit
number
Acknowledgment
NOW THEREFORE, at the request of and in consideration of
the premise 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
amount of $ , resulting in a remaining balance of $ -0-
Treasurer's Account in the
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:
■t t FAIVAF1'��nSI,ETA' r��k�'���'fr1C�i��iti �Yi���� �I 111
Reception#: 882621
09/20/2016 12:22:38 PM Jean Rlberico
47 of 49 Rec Fee:$251.00 Doc Fee:0.CO GARFIELD COUNTY CO
EXHIBIT E
REQUEST FOR PARTIAL RELEASE OF TRANSFER RESTRICTION
Board of County Commissioners
Garfield County, Colorado
c/o Director of Community Development
108 8th Street, Suite 401
Glenwood Springs, CO 81601
RE: Pinyon Mesa Subdivision Phase 2
This request is written to formally notify the BOCC of work completed for Pinyon Mesa, 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, Tess 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
■III ���� Wylk 1111
Reception#: 882621
09/20/2015 12:22:38 PM Jean Alberico
49 of 49 Rec Fee:$Z51.00 Ooc Fee:0.00 GARFIELD COUNTY CO
EXHIBIT F
REQUEST FOR FINAL RELEASE OF TRANSFER RESTRICTION
Board of County Commissioners
Garfield County, Colorado
c/o Director of Building and Planning
108 8triStreet, 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 S1A, 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
ReceptiontP: 882621
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49 of 49 Rec Fee:5251.30 Doc Fee:0.00 GARFIELD COUNTY CO
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,
By
• 'nald orman, Manager
11111it./, i010:110,,ghvt11.10), 1111
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09/2012016 12:22:38 PM Jean Alberlco
1 of 5 Rec Fee:$31.00 Doc Fee,0.00 GARFFIELD COUNTY CO
AGREEMENT RESTRICTING TRANSFER OF LOTS
.o
a
EXHIBIT
5
THIS AGREEMENT RESTRICTING TRANSFER OF LOTS ("Agreement") is entered
^-into this J `T day of S ef,, 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 9 20 /,bas d 2() , comprising
thirty-two (32) single-family resid ntilots on the Property ("Subdivision"); and
WHEREAS, Owner and County entered into a Subdivision Improvements
Agreement dated p J�/9//G and recorded p4i//I� as Reception No.
a 8 2 6 2/ "SIA" �nfhich required Owner to proved security in an amount
equal to the cost of the public iunprovements 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
1111 Eir.tri iriMli Ilu.WMMRN Fin lilt 11111
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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
cio Ronald Norman, Manager
265 Ponderosa Pass
Carbondale, CO 81623
With a copy to:
Balcomb & Green, P.C.
1111 fedifYit lb11l,1!1111 iV,111Q.I N ti li' vic 11111
Reception#: 882622
09/23/2016 12:22:38 PM Jean Rlberico
3 of 5 Ree Fee:$31.00 Doc Fee:0.00 GARFIELD COUNTY CO
Attn: Chad J. Lee, Esq.
P.O. Drawer 790
Glenwood Springs, CO 81601
clee@balcombgreen.com
If to County:
Garfield County Commissioners
109 8th Street, Suite 213
Glenwood Springs, CO 81601
2.2 Choice of Law. This Agreement and each and every related
document are to be governed and construed in accordance with the laws of the
State of Colorado.
2.3 Waiver. No claim of waiver, consent or acquiescence with respect to
any provision of this Agreement shall be valid against any party hereto except on
the basis of a written instrument executed by the Parties to this Agreement.
However, the party whose benefit a condition is inserted herein shall have the
unilateral right to waive such condition.
2.4 Binding Nature. This Agreement shall constitute a covenant
running with the title to the Lots as a burden thereon, for the benefit of, and
enforceable by, the County.
1111 f11rdFiltillifi IM, IQ rile 35 11111
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IN WITNESS WHEREOF, the parties hereto have executed this Deed
Restriction on the day and year first written above.
OWNER:
PMGC 2, LLC,
a Texa�L i ted Nabi
By.
nald Norman, Manager
STATE OF COLORADO )
) ss.
COUNTY OF Am -A401 )
The foregoing instrument was acknowledged before me
SQ.?-e,y,tler 1 , 2016, by Ronald Norman, Manager of PMGC 2, LLC, a Texas
limied liability company.
WITNESS my hand and official seal.
My commission expires:
BRITT J. CHOATE
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID #19974001 }76555
My Commission Exp Juty
OARD OF CO i • ISSIONERS
F • THE COUN Y OF G IELD,
STA OF COL
By:
/ 11
Notary Public
Print N
Title:
ATTES
Je lberico, Clerk and Recorder
G. field County, Colorado
lo'
RADO
1111 liP, lli> 110.11iiii 11 Il l
Receptiont3: 882622
09/20/2016 12:22:38 PM Jean Alberico
5 of 5 Rec Fee 531.00 Doc Fee:0.00 GARFIELD COUNTY CO
EXHIBIT A
LEGAL DESCRIPTION
LOTS 49--58, P NYON MESA FILING 2, ACCORDING TO THE PLAT THEREOF RECORDED
CD .4, .4, AS RECEPTION NO. 8 2 620 IN THE RECORDS OF
GARFIEL COUNTY, COLORADO.
1111P1 IiiViiti11414f, hki 11111
Recept ionk# : 716948
02108/2007 04 38 23 PM 8:1893 P:0363 Jean Plberico
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STATE OF COLORADO
)ss
County of Garfield
EXHIBIT
/0
At a regular meeting of the Board of County Commissioners for Garfield County,
Colorado. held in the Commissioners' Meeting Room, Garfield County Plaza Building, in
Glenwood Springs on Monday, December 11, 2006, there were present:
John Martin , Commissioner Chairman
Larry McCown , Commissioner
Tresi Houpt , Commissioner
Don DeFord , County Attorney
Mildred Alsdorf , Clerk of the Board
Ed Green , County Manager
when the following proceedings, among others were had and done, to -wit:
RESOLUTION NO. 2 0 0 7- 0 4
A RESOLUTION CONCERNED WITH THE APPROVAL OF A PRELIMINARY
PLAN APPLICATION FOR THE PINYON MESA SUBDIVISION IN PHASE 3 OF
THE LOS AMIGOS RANCH PLANNED UNIT DEVELOPMENT
WHEREAS, the Board of County Commissioners of Garfield County, Colorado,
received a Preliminary Plan Application from Pinyon Mesa Development, LLC to
subdivide a 60.49 -acre property (also known as Phase 3 of the Los Amigos Ranch PUD)
in to 80 high-density single family residential lots and which property is generally located
in lower Spring Valley, approximately 1 mile east of the Highway 82 / CR 114
intersection in the N %2 of Sections 7 and 8, Township 7 South, Range 88 West of the
Sixth P.M., Garfield County; and
WHEREAS, the subject property is located in the High Density Single Family
Zone District within Phase 3 of the Los Amigos Ranch Planned Unit Development
(PUD); and
WHEREAS, on October 11, 2006, the Garfield County Planning and Zoning
Commission forwarded a recommendai ion of approval with conditions to the Board of
County Commissioners for the Preliminary Plan; and
WHEREAS, on December 11, 2006, the Board of County Commissioners opened
a public hearing upon the question of whether the Preliminary Plan should be granted,
granted with conditions, or denied at which hearing the public and interested persons
were given the opportunity to express their opinions regarding the issuance of said
Preliminary Plan; and
1
1111 i1nitU. 5+!,I41r,Ir 'Gff 101,14411041111
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WHEREAS, the Board of County Commissioners closed the public hearing on the
December 11, 2006 to make a final decision; and
WHEREAS, the Board of County Commissioners on the basis of substantial
competent evidence produced at the aforementioned hearing, has made the following
determination of facts:
1. That proper publication, public notice, and posting was provided as required by law
for the hearings before the Planning and Zoning Commission and before the Board of
County Commissioners.
2. That the public hearings before the Planning and Zoning Commission and the Board
of County Commissioners were extensive and complete; all pertinent facts, matters
and issues were submitted; and that all interested parties were heard at those hearings.
3. The application is in compliance with the standards set forth in Section 4:00 of the
Garfield County Subdivision Regulations of 1984. as amended.
4. That the proposed subdivision of land is in compliance with the recommendations set
forth in the Comprehensive Plan for the unincorporated areas of the County.
5. The proposed subdivision of land conforms to the Garfield County Zoning Resolution
of 1978, as amended and the provisions of the High Density Single Family zone
district in the Los Amigos Ranch PUD.
6. The proposed use is in the best interest of the health, safety, morals, convenience,
order, prosperity and welfare of the citizens of Garfield County.
NOW, THEREFORE, BE ET RESOLVED by the Board of County
Commissioners of Garfield County, Colorado, that based on determination of facts set
forth above, the Preliminary Plan request is approved with the following conditions:
1. That all representations made by the Applicant in the application and as testimony
in the public hearings before the Planning & Zoning Commission and Board of
County Commissioners shall be conditions of approval, unless specifically altered
by the Board of County Commissioners.
2. All internal roads shall be designed to have a road surface of at least two 12 -foot
driving lanes with curb and gutter throughout the subdivision with a minimum
right of way of 50 feet. Such design of the internal road system shall be consistent
with the design proposed to the BOCC in the Preliminary Plan.
3. The length of the cul-de-sac represented as Pinyon Mesa Drive shall be allowed to
be designed, as shown, to 900 linear feet and the bulb at the end of the cul-de-sac
may remain as designed with a landscaped island in the middle.
2
1111K 11111
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4. The Applicant shall furnish a design and specifications for the secondary
emergency point at the end of Paintbrush Way that indicates the ability to handle
large / heavy emergency vehicles and methods of break -away gates or other
appropriate mechanism to deter use unless for emergency. This shall be prepared
and provided prior to final plat.
5. Applicant shall obtain a driveway access permit for both the main entrance into
the projects and for the secondary emergency access point onto CR 114 these
shall be obtained prior to final plat.
6. The Applicant shall install a stop sign at each entrance to CR 114. The signs,
posts and location shall be as required by the MUTCD (Manual on Uniform
Traffic Control Devices). An intersection sign shall be placed on both sides of the
main entrance to the subdivision alerting uphill and downhill traffic to the
entrance. The signs, posts and installation shall be as required in the MUTCD
(Manual on Uniform Traffic Control Devices).
7. Pursuant to the suggestions by the Road and Bridge Department in Exhibit M, the
Applicant may either 1) construct a right-hand turn lane should be installed on the
uphill lane to the main entrance to the subdivision and be reimbursed by the total
amount of Traffic Impact Fees required by the Development (approximately
$150,000.00) or 2) choose not to construct the improvement a only pay the Traffic
Impact Fee.
8. The Applicant shall pay the appropriately calculated Traffic Impact Fee for Study
Area 10 which results in a fee of approximately $149,292.00. Only half of this fee
(approximately $74,646.00) is required to be paid at Final Plat with the remaining
half to be amortized by way of individual building permits as the project develops
over time.
9. The Applicant shall cause the conveyance of the School Parcel by deed to the RE -
1 School District prior to Final Plat or pay the appropriately calculated School /
Land Dedication Fee pursuant to the Subdivision Regulations.
10. All development of this property shall follow the recommendations of the
Colorado State Forest Service as stated in their letter dated August 28,2006,
(attached as Exhibit N to the Staff report) which shall be incorporated into the
CCRs as a requirement of the BOCC particularly as they relate to lots 17-20, 36-
48. 66-72 and lots 59-65.
11. The Applicant shall pay -in -full the fire impact fee of $437 per dwelling unit to
Carbondale Fire Protection District at the time of Final Plat. (This fee shall be
$34,960.00)
12. The Applicant shall incorporate the recommendations contained in the "Wildlife
3
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Analysis / Impact and Mitigation Report" prepared by Rocky Mountain
Ecological Services, Inc. contained in the Application and shall be included as a
component in the CCRs.
13. Prior to Final Plat submittal. the Applicant shall meet with the DOW in order to
prepare an Elk Management Plan due to the amount of critical wintering habitat
being eliminated with development. (This was not completed.)
14. The Applicant shall cause the open space tracts to be deeded to the Homeowners
Association as part of the Final Plat.
15. The Applicant shall provide a security for revegetation in the amount to be
determined by the County Vegetation Manager (based on disturbed acreage) for
all areas to be disturbed in connection with the final plat and the obligations of
said security which security shall be incorporated into the Subdivision
Improvements Agreement. The security shall be held by Garfield County until
vegetation has been successfully reestablished according to the Reclamation
Standards in the Garfield County Vegetation Management Plan.
16. The Applicant shall provide a Soil Management Plan that includes 1) provisions
for salvaging on-site topsoil, 2) a timetable for eliminating topsoil and/or
aggregate piles, and 3) a plan that provides for soil cover if any disturbances or
stockpiles will sit exposed for a period of 90 days or more. The Applicant shall
prepare this plan to be submitted with the final plat documents so that the County
can review prior to final plat approval.
17. The Applicant shall follow all of the recommendations provided in the
geotechnical analysis prepared by HP Geotech (reports in the Application and
Exhibit S to the Staff Report) as well as the follow the recommendations provided
by the Colorado Geologic Survey in their letter dated August 30, 2006 also
attached as Exhibit J to the staff report).
18. All easements of record shall be shown on the Final Plat.
19. The Applicant shall include the six points provided in the letter from the Bureau
of land Management dated August 22, 2006 (and attached to the Staff report as
Exhibit P) in the CCRs to place residents in the PUD on notice of these issues.
The CCRs shall be provided as part of the Final Plat submittal.
20. The following plat notes shall be placed on the final plat.
a. "Control of noxious weeds is the responsibility of the property owner."
b. "One (1) dog will be allowed for each residential unit and the dog shall be
required to be confined within the owners property boundaries."
c. "No open hearth solid fuel fireplaces will be allowed anywhere within the
4
MaximumMaximum
1
Height I Floor Area
11111 Ind /16,144.1111 1111,14KWl NC*111III
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subdivision. One (1) new solid fuel burning stove as defied by C.R.S. 2.5-7-
401, et. seq., and the regulations promulgated thereunder, will be allowed in
any dwelling unit. All dwelling units will he allowed an unrestricted number
of natural gas burning stoves and appliances".
d. No further subdivision shall be allowed of a subdivided lot."
e. "All exterior lighting shall be the minimum amount necessary and that al!
exterior lighting be directed inward and downward, towards the interior of
the subdivision, except that provisions may be made to allow for safety
lighting that goes beyond the property boundaries".
f "Colorado is a "Right -to -Farm" State pursuant to C.R.S. 35-3-101, et seq.
Landowners, residents and visitors must be prepared to accept the activities,
sights, sounds and smells of Garfield County's agricultural operations as a
normal and necessary aspect of living in a County with a strong rural
character and a healthy ranching sector. Those with an urban sensitivity may
perceive such activities, sights, sounds and smells only as inconvenience,
eyesore, noise and odor. However, State law and County policy provide that
ranching, farming or other agricultural activities and operations within
Garfield County shall not be considered to be nuisances so long as operated
in conformance with the law and in a non -negligent manner. Therefore, all
tnust be prepared to encounter noises, odor, lights, niud, dust, smoke
chemicals, machinery on public roads, livestock on public roads, storage and
disposal of manure, and the application by spraying or otherwise of chemical
fertilizers, soil amendments, herbicides, and pesticides, any one or more of
which may naturally occur as a part of a legal and non -negligent agricultural
operations.
g.
"All owners of land, whether ranch or residence, have obligations under State
law and County regulations with regard to the maintenance of fences and
irrigation ditches, controlling weeds, keeping livestock and pets under
control, using property in accordance with zoning, and other aspects of using
and maintaining property. Residents and landowners are encouraged to learn
about these rights and responsibilities and act as good neighbors and citizens
of the County. A good introductory source for such information is "A Guide
to Rural Living & Small Scale Agriculture" put out by the Colorado State
University Extension Office in Garfield County."
h. "All lots shall require site specific geotechnical studies before a building
permit will be issued by the County Building Department and all foundations
shall be designed by a professional engineer licensed to practice in Colorado.
i. Zone District Parameters:
Zone District
Conditional
Uses
Minimum Lot
Area
Maximum
Lot
Minimum
Setbacks
5
III! WM.% Pft ft %%l II III
Reception#: 716948
02/08/2007 04.38:23 PN B 1893 P:0368 Jean R1ber..co
5 of 6 Rec Fee 40,00 Doc Fee GARFIELD COUNTY CO
day of re6rwun'l A.D. 2007.
C - of the Board
GARFIELD COUNTY
BOARD OF
COMMISSIONERS,
GARF ... 1 COUNTY,
COL* '•I
Upon motion duly made and seconded the foregoing7`�ti lT . adopted by
the following vote:
John Martin
Larry McCown
Tresi Houpt
, Aye
, Aye
, Aye
STATE OF COLORADO
)ss
County of Garfield
I, , County Clerk and ex -officio Clerk of the
Board of County Commissioners in arid for the County and State aforesaid do hereby
certify that the annexed and foregoing Resolution is truly copied from the Records of the
Proceeding of the Board of County Commissioners for said Garfield County, now in niy
office.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of
said County, at Glenwood Springs, this day of , A.D. 2007
County Clerk and ex -officio Clerk of the Board of County Commissioners
6
Coverage
High DensityHome
Single Family
(HDSF)
Occupation
u
10,000 sq. h.
25%
Front / Rear:
25'
Sides: 10'
28 feet
3,294 sq. ft.
day of re6rwun'l A.D. 2007.
C - of the Board
GARFIELD COUNTY
BOARD OF
COMMISSIONERS,
GARF ... 1 COUNTY,
COL* '•I
Upon motion duly made and seconded the foregoing7`�ti lT . adopted by
the following vote:
John Martin
Larry McCown
Tresi Houpt
, Aye
, Aye
, Aye
STATE OF COLORADO
)ss
County of Garfield
I, , County Clerk and ex -officio Clerk of the
Board of County Commissioners in arid for the County and State aforesaid do hereby
certify that the annexed and foregoing Resolution is truly copied from the Records of the
Proceeding of the Board of County Commissioners for said Garfield County, now in niy
office.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of
said County, at Glenwood Springs, this day of , A.D. 2007
County Clerk and ex -officio Clerk of the Board of County Commissioners
6