Loading...
HomeMy WebLinkAbout2.0 Subdivison ImprovementsSUBDIVISION IMPROVEMENTS AGREEMENT ASPEN EQUESTRIAN ESTATES SUBDIVISION\PUD THIS AGREEMENT is made and entered into this day of 2000, by and between the ASPEN EQUESTRIAN ESTATES, LLC, a Colorado limited partnership (hereinafter "Owner") and the BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, STATE OF COLORADO, (hereinafter "County"). WITNESSETH: WHEREAS, Owner is the owner and developer of certain real property located within Garfield County, Colorado, known as the Aspen Equestrian Estates Subdivision/P.U.D, as approved and more particularly described in the final plat resolution of the Board of County Commissioners, known as County Resolution No. 2000- *; and WHEREAS, previous approvals for this property are as follows: Resolution No. 1989-121 Preshana Farms Planned Unit Development and Plan; Resolution No .1998 - 011 Approval of Modification to the PUD rezoning plan for Preshana Farms PUD; Resolution No.2000-015Granting approval of a Preliminary Plan for Jay Weinberg of Aspen Equestrian Estates, LLC; Resolution No.2000-016Approval of a PUD Amendment application for the Aspen Equestrian Estates Subdivision of Preshana Farms PUD and Land Development; Resolution No.2000-027 Granting approval of an Amendment to a preliminary plan resolution of approval *2000-015 - Aspen Equestrian Estates; Resolution No. 2000-030Approval'of'.a PUD Amendment for the Aspen, Equestrian Estates Subdivision of the Preshana Farms PUD and Land Development; and WHEREAS, approval fol ti le pre litnliiaiy plan for Liie Aspen Equestrian Estates Subdivision/P U D was obtained ander Lhe teams and conditions set LoiLh In Ll1C ptCliuiii1aty Jail .Le ulut1V11 of L1iC Board of County Commnisbionels, known a u Resolution No. ary 22, 2000, a WHEREAS, PUD i.,lan apiiroval was approve i,y xesolutioia 98-11, dted Ml 2, 1998 and amended Ly Resoluti aarclon 2000- 016, dated Febivaiy 22, 2000, and WHEREAS, both the PUD approval and the Preliminary Plan approval contemplated development of the Aspen Equestrian Estates Subdivision/PUD in a single phase; and WHEREAS, Owner has submitted to the County for its approval the Final Plat for Aspen Equestrian Estates Subdivision/PUD (hereinafter "Final Plat") for all of the property lying within Aspen Equestrian Estates Subdivision/PUD. The property within Aspen Equestrian Estates Subdivision/PUD is described upon the Final Plat for Aspen Equestrian Estates Subdivision/PUD and on the attached Exhibit A; and WHEREAS, as a condition of approval of the Final Plat and as required by the laws of the State of Colorado, the Owner wishes to enter into this Subdivision Improvements Agreement with the County; and WHEREAS, Owner has completed or has agreed to complete certain subdivision improvements as set forth herein, has agreed to execute and deliver a letter of credit or other security to the County to secure and guarantee the completion of the subdivision improvements and its performance of this Agreement, and has agreed to certain restrictions and conditions regarding the issuance of building permits, certificates of occupancy and sale of properties, all as more fully set forth hereinafter NOW, THEREFORE, for and in consideration of the premises and the following mutual covenants and agreements, the parties hereby agree as follows: 1. FINAL PLAT APPROVAL. The County hereby accepts and approves the Final Plat of Aspen Equestrian Estates Subdivision/PUD, subject to the terms and conditions of this Agreement, as well as the terms and conditions of the P.U.D. approval, the Preliminary Plan approval, and the requirements of the Garfield County Zoning and Subdivision Regulations. 2. OWNER'S PERFORMANCE. Owner has constructed and installed or shall cause to be constructed and installed, at its own expense, those improvements related to Aspen Equestrian Estates Subdivision/PUD, which are required to be constructed by Resolution No. 2000-15 and 2000- *, this Agreement, the Final Plat, and all Garfield County Zoning and Subdivision Regulations. The estimated cost of completion of the subdivision improvements related to Aspen Equestrian Estates Subdivision/PUD is set forth and certified by a licensed engineer on Exhibit B, attached hereto. Such improvements shall be completed on or before June 1, 2001. Additionally, the Owner shall comply with the following: a. all plat documents submitted prior to or at the time of the Final Plat approval, which are incorporated herein by reference, and made a part of this agreement; b. all requirements of Resolution Nos. 2000-15 and 2000- *, including all requirements of the Garfield County Zoning Code and Garfield County Subdivision Regulations, as they 2- relate to Aspen Equestrian Estates Subdivision/PUD. c. all laws, regulations, orders and resolutions of the County of Garfield, State of Colorado, and affected special districts; and d. all designs, maps, specifications, sketches, and other materials submitted to and approved by any of the above -stated governmental entities. e. the improvements to be constructed by the Owner shall include, but are not limited to the following: (1) sewer collection lines, mains and interceptors for Aspen Equestrian Estates Subdivision/PUD and connection of said facilities to the Ranch at Roaring Fork's sanitation wastewater treatment facility. (2) water supply and distribution system, including water storage tank, for Aspen Equestrian Estates Subdivision/PUD. (3) internal roads, pedestrian ways, bike path, drainage features, utility structures, and irrigation lines in accordance with the plans and specifications therefor contained in the Final Plat. The County agrees that if ail improvements are installed in accordance with this Agreement, the Final Plat documents, the as built drawings to be submitted upon completion of the improvements, the requirements of the Garfield County Zoning Code, all other requirements of this Agreement, and the requirements of Resolution Nos. 2000-15 and 2000- *, then the Owner shall be deemed to have satisfied all terms and conditions of the Zoning and Subdivision Regulations of Garfield County, Colorado with respect to Aspen Equestrian Estates Subdivision/PUD. 3. SECURITY FOR IMPROVEMENTS. a. Ca sh oz Letter of Credit. On or before the date of the recording of the Final Plat of Aspen Equestrian Estates Subdivision/PUD with the Garfield County Clerk and Recorder, the Owner shall deliver cash or a Letter of Credit in a form acceptable to the County in the amount of $571,769.48 which is the estimated cost of completing the remaining subdivision improvements related to Aspen Equestrian Estates Subdivision/PUD as set forth and certified by a licensed engineer on Exhibit B attached hereto. The Letter of Credit required by this Agreement shall be issued by a state or national banking institution acceptable to the County. If the 3- institution issuing the Letter of Credit is not licensed in the State of Colorado and transacting business in the State of Colorado, the Letter of Credit shall be "confirmed" within the meaning of C.R.S. 4-5-106(2) by a bank that is licensed to do business in the State of Colorado, doing business in the State of Colorado, and acceptable to the County. The Letter of Credit must be valid for a minimum of six (6) months beyond the completion date for the improvements set forth herein. If the time for completion of improvements is extended by a written agreement to this Agreement, the time period for the validity of the Letter of Credit shall be similarly extended. Additionally, should the Letter of Credit become void or unenforceable for any reason, including the bankruptcy of the Owner or the financial institution issuing or confirming the Letter of Credit, prior to acceptance of the improvements, this Agreement shall become void and of no force and effect, and the Final Plats shall be vacated pursuant to the terms of this Agreement. A form of Letter of -Credit acceptable to the County is attached hereto at Exhibit D. b. Partial Releases of Security. The County shall release portions of the Security as portions of the subdivision improvements are completed to the satisfaction of the County. Certification of completion of improvements adequate to authorize release of security must be submitted by a licensed or registered engineer. Such certification authorizing release of security shall certify that the improvements have been constructed in accordance with the requirements of this Agreement, including all Final Plat plans, and shall be stamped upon as -built drawings by said professional engineer where applicable. Owner may also request release for a portion of the security upon proof (i) that Owner has a valid contract with a public utility company regulated by the Colorado PUC that obligates such utility company to install certain utility lines and (ii) that Owner has paid to such utility company the cost of installation of such utilities required to be paid by Owner under such contract. Upon submission of a certification of completion of improvements by the Owner, the County may inspect and review the improvements certified as complete, to determine whether or not said improvements have been constructed in compliance with the relevant specifications. If the County determines that all or a portion of the improvements certified as complete are not in compliance with the relevant specifications of the County shall furnish a letter of potential deficiencies to the Owner within fifteen (15) days specifying which improvements are potentially deficient. If no letter of potential deficiency is furnished within said 4- fifteen (15) day period, all improvements certified as complete shall be deemed accepted and the County shall release the appropriate amount of security as it relates to the improvements which were certified as complete. If a letter of potential deficiencies is issued which identifies a portion of the certified improvements as potentially deficient, then all improvements not so identified in the letter of potential deficiencies shall be deemed accepted and the County shall release the appropriate mount of security as such relates to the certified improvements that are not identified as potentially deficient in the letter. With respect to any improvements certified as complete by the Owner that are identified as potentially deficient in a letter of potential deficiencies as provided in this paragraph, the County shall have thirty, (30) days from the date of the letter of potential deficiencies to complete its investigation and provide written confirmation of the deficiency to the Owner. If upon further investigation the County finds that the improvements are acceptable, then appropriate security shall be released to the Owner within ten (10) days after completion of such investigation. In the event the improvements are not accepted by the Counts, the Board of Commissioners shall make a written finding prior to requesting payment from the Letter of Credit. Additionally, the County shall provide the Owner a reasonable period of time to cure any deficiency prior to requesting payment from the Letter of Credit. c. Substitution of Letter of Credit. The County may, at its sole option, permit the Owner to substitute collateral other than a Letter of Credit acceptable to the County for the purpose of securing the completion of the improvements as hereinabove provided. d. Recording of Final Plat. The Final Plat for Aspen Equestrian Estates Subdivision/PUD shall not be recorded pursuant to this Agreement until the Letter of Credit described in this Agreement has been received and approved by the County. 4. WASTE WATER SYSTEM. All easements and Facilities sites necessary for the wastewater collection system within Aspen Equestrian Estates Subdivision/PUD shall be dedicated in accordance with the Sewer Service Agreement between Owner and the Ranch at Roaring Fork Homeowners Association ("Ranch Association") pursuant recorded in Book 1153, Page 629 of the records of Garfield County, Colorado. Owner shall complete construction of all wastewater collection system facilities for Aspen Equestrian Estates Subdivision/PUD in accordance 5- with said agreement. 5. WATER SYSTEM. All easements and facilities sites necessary for the water delivery system within Aspen Equestrian Estates Subdivision/PUD shall be dedicated upon the appropriate Final Plat to the Homeowners Association of the Aspen Equestrian Estates Subdivision/PUD. No later than June 1, 2002, the Owner shall complete construction of and transfer to the said Association, by appropriate instrument of conveyance, all improvements to the water system within Aspen Equestrian Estates Subdivision/PUD, together with all water rights, water allotment contracts, well permits, and other water rights necessary to provide domestic water service to Aspen Equestrian Estates Subdivision/PUD. 5.1 Funds for Augmentation Plan. Owner shall pay for the costs assessed to the property by the Basalt Water Conservancy District ("BWCD")for the purpose of funding Owner's share of the costs of obtaining a plan for augmentation for the water rights which are provided to Owner by BWCD pursuant to the Allotment Contract between BWCD and Owner. Owner's share of these costs is estimated to be $5730.00. The BWCD may bill owner for all or part of these costs from time to time as the augmentation plan processing takes place. Owner may submit evidence to the County of its payment of these charges from time to time and obtain a release of the security in a commensurate amount. The timing of the completion of the augmentation plan is not within Owner's control and is the responsibility of the BWCD. Therefore, no specific date for completion of the augmentation plan is established hereby. Owner's share of these costs shall be secured as are Owner's other obligations under this Agreement and said amount is included in such security. 6. ROADS AND CERTAIN FENCES. All roads within the Final Plat for Aspen Equestrian Estates Subdivision/PUD shall be dedicated to the public, however, they shall be maintained by the Homeowners Association of The Aspen Equestrian Estates Subdivision/PUD Association shall be solely responsible for the maintenances repair and upkeep of those roads. The County shall not be obligated to maintain any roads within the subdivision. 6.1 Fences Along Blue Creek. The existing south boundary fencing along Blue Creek shall be brought into compliance with wildlife fencing standards not later than one year from the date of recording of the Final Plat. 6- 7. FEES IN LIEU OF DEDICATION OF LAND TO SCHOOL DISTRICT. The Owner shall make a cash payment in lieu of dedicating land to the Roaring School District, RE -I, calculated in accordance with the provisions of Resolution No.99-096, now codified as Sections 9:80 and 9:81 of the Garfield County Subdivision Regulations, which states that the cash in lieu payment is equal to the unimproved per acre market value of the land multiplied by the land dedication standard multiplied by the number of units in the subdivision. The parties acknowledge and agree that for Aspen Equestrian Estates Subdivision/PUD the above formula shall be completed, and the total amount of the cash payment in lieu of dedication of land, calculated as follows: a. Unimproved per acre market value of land, based upon an appraisal submitted by Owner = $39,298.67 b. Land dedication standard (from Resolution No.99- 096) 50 single family DUs x .020 acres = 1.0 acre c. Total amount of cash in lieu payment: $39,298.67 x 1 acre = $39,298.67 The Owner shall therefore pay to the Garfield County Treasurer at or prior to the time of recording the Final Plat far either Aspen Equestrian Estates Subdivision/PUD, the sum of $39,298.67 as a payment in lieu of dedication of land to RE -I School District, which shall be utilized in accordance with the provisions of C.R.S. 30-28-133, as amended. The Owner specifically agrees that it is obligated to pay the above and foregoing fee, accepts such obligation, and waives any claim that it is not so obligated or required to pay such fee. The Owner agrees that subsequent to recording of the Final Plat, Owner will not claim, nor is the Owner entitled to claim, a reimbursement of the fee in lieu of land dedication to RE -1 School District which is paid in accordance with the provisions of this Agreement. 8. FIRE DISTRICT FEES. The parties recognize and agree that the approval of the Final Plats constitutes approval of forty-seven (47) single family dwelling unit lots plus three (3) employee dwelling units on the Equestrian Parcel. The parties agree that the Impact Fees for the Carbondale & Rural Fire Protection District shall be $417.00 per dwelling unit, or a total of $20,850.00 for Aspen Equestrian Estates Subdivision/PUD. Owner shall pay to the Carbondale & Rural Fire Protection District a total fee in the amount of $20,850.00 for Aspen Equestrian Estates Subdivision/PUD at or prior to the time of the recording of the Final Plat for Aspen Equestrian Estates Subdivision/PUD. Owner specifically agrees 7-