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HomeMy WebLinkAboutEx 26 - 2004 LSR Filing 1 SIAExhibit 26 I 2004 Filing 1 Subdivision Improvements Plan Lake Springs Ranch Filing 2 Final Plat Application April 2018 11111111111111111111111111111111111111 mnisiimini 664630 12/08/2004 11:49A B1645 P303 M ALSDORF 1 of 12 R 61.00 D 0.00 GARFIELD COUNTY CO LAKE SPRINGS RANCH, FILING 1 LAKE SPRINGS RANCH PUD - PHASE 5 SUBDIVISION IMPROVEMENTS AGREEMENT THIS SUBDIVISION Improvements AGREEMENT ("Agreement") for Lake Springs Ranch, Filing 1, is made and entered into this 1st day of November 2004, by and between THE BERKELEY FAMILY LIMITED PARTNERSHIP ("Owner")and the BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO (referred to in this Agreement as the "Board" or "County"). WITNESSETH: WHEREAS, Owner is the developer of a parcel of real property known as Lake Springs Ranch, Filing 1, which property is depicted on the Final Plat of Lake Springs Ranch, Filing 1 ("Final Plat"), which Final Plat also includes 94.341 acres of land to be included in Agricultural Reserve; and WHEREAS, on June 18, 1979, the Board approved a PUD Zoning for Lake Springs Ranch PUD (Resolution No. 79-64), which zoning would allow 195 single-family residential lots, 3 multi- family residential cluster housing units and Agricultural Reserve/common area parcels; and WHEREAS, on December 10, 1979, the Board approved a modification to the PUD Zoning for Lake Springs Ranch PUD (Resolution No. 79-64) to change the uses to include 194 single- family residential lots, 4 multi -family residential cluster housing units and Agricultural Reserve/common area parcels; and WHEREAS, on November 12, 2002, the Board approved a Preliminary Plan for Lake Springs Ranch PUD (Resolution No. 2002-109) which, among other things, would create 194 single-family residential lots, 4 multi -family residential cluster housing units and Agricultural Reserve/common area parcels; and WHEREAS, in August 2003, the Board approved an extension of the time to file the first Final Plat to November 12, 2004; and WHEREAS, on September 7, 2004, the Board approved a modification to the PUD Zoning for Lake Springs Ranch PUD (Resolution No. 79-64) allowing the first Final Plat required by the PUD plan to contain not less than 10% of the 194 single-family residential lots (Resolution No. 2004-110); and PAM B1Lake Springs\Final PIaI1SIAILSR PUD SIA Lot Sale Prohibition - v3.wpd FTER RECORDING, RE Boa . • County C Mark Be 108 Eig treet, Gle .ad Springs, CO issioners anning Director m 201 1 1111111 11111 111111 111 1111111111111IID11111111111 664630 12/08/2004 11:49A B1645 P304 M ALSDORF 2 of 12 R 61.00 D 0.00 GARFIELD COUNTY CO WHEREAS, as a condition of approval of the Final Plat for Lake Springs Ranch, Filing 1, submitted to the County for its approval as required by the laws of the State of Colorado, Owner wishes to enter into this Subdivision Improvements Agreement with the County; and WHEREAS, Owner has agreed to an absolute prohibition on the advertisement, reservation, sale, lease, conveyance, or other transfer of any individual lot within Lake Springs Ranch, Filing 1, prior to completion and acceptance by the County of ail subdivision Improvements as described herein and has otherwise 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 below in this Agreement. NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, the parties agree as follows: I. FINAL PLAT APPROVAL. The County hereby accepts and approves the Final Plat for Lake Springs Ranch, Filing 1, subject to the terms and conditions of this Agreement, the Preliminary Plan Approval (Resolution 2002-109), the Lake Springs Ranch PUD approval (Resolution 79-64 as amended by Resolution 79-153 and Resolution 2004-110) hereinafter referred to collectively as Lake Springs Ranch PUD, 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 subdivision Improvements ("Improvements") related to the Final Plat for Lake Springs Ranch, Filing 1, which are required to be constructed under the Preliminary Plan Approval, this Agreement, the Final Plat for Lake Springs Ranch, Filing 1, all Garfield County Zoning and Subdivision Regulations, and the Zone District Text for Lake Springs Ranch PUD. Owner shall comply with the following: a. All Plat documents submitted prior to or at the time of Final Plat approval, as well as all terms and conditions set forth on the Final Plat for Lake Springs Ranch, Filing 1, all of which are incorporated herein by this reference. b. All requirements of the Preliminary Plat Approval, including all Zone District Regulations approved by Garfield County for the Lake Springs Ranch PUD and all Garfield County Zoning and Subdivision Regulations applicable to this project. c. All laws, regulations, orders and resolutions of the State of Colorado, the County of Garfield, and any and all special districts within which the Lake Springs Ranch PUD may be located. FAM B\Lake Springs\Final PIat1SIA\LSR PUO SIA Lot Sale Prohibition - v3.wpd Page 2 of 9 1111111 11111 1111111 111 11111111111111111111 11111 111111 664630 12/08/2004 11:49A B1645 P305 M ALSDORF 3 of 12 R 61.00 D 0.00 GARFIELD COUNTY CO d. All designs, specifications, drawings, maps, sketches, and other materials submitted by Owner and its engineers in furtherance of the application for the approval of Lake Springs Ranch, Filing 1, as heretofore approved by the County, including all Improvements shown on the Lake Springs Ranch, Filing 1, Construction Plans prepared by High Country Engineering, Inc. dated October 15, 2004, and as submitted to Garfield County (hereinafter"Development Plans"). Said Improvements include roads, water distribution lines, sewer collection lines, drainage structures, electric, telephone, cable television and gas lines as shown on Exhibit A, Engineer's Estimate attached. e. Payment of all fees required by the County and/or such other government authority or special district with jurisdiction, as may be required for installation of the Improvements. All such Improvements shall be completed on or before November 1, 2005. The County agrees that if all required Improvements are installed in accordance with this Agreement, the Final Plat documents, the as -built drawings to be submitted upon completion of the Improvements and the requirements of the Garfield County Zoning Resolution and the Lake Springs Ranch PUD, all other requirements of this Agreement, and the requirements of the Preliminary Plan Approval, then the Owner shall be deemed to have satisfied all terms and conditions of the Zoning Regulations for the Lake Springs Ranch PUD and Zoning and Subdivision Regulations of Garfield County, Colorado, with respect to the installation of Improvements. 3. SECURITY FOR IMPROVEMENTS a. Absolute Prohibition on Sale of Lots. No lots within Lake Springs Ranch, Filing 1, may be separately advertised, contracted, reserved, leased, conveyed, sold or otherwise transferred prior to completion and acceptance by the County of all subdivision Improvements as described herein. b. Absolute Prohibition on Additional Final Plats. Until all subdivision Improvements as described herein for Lake Springs Ranch, Filing 1, have been completed and accepted by the County, Owner shall be prohibited from submitting any further final plans for any other portion of Lake Springs Ranch PUD. c. Certification of Completion. Certification of completion of Improvements adequate for release of the sale prohibition must be submitted by a licensed or registered engineer. Such certification authorizing release of security shall certify that the FAM BlLake Springs \Final Plat\SIA\LSR PUD SIA Lot Sale Prohibition - v3.wpd Page 3 of 9 1 iniii 11111 11miuu 11111 1111111 iini 111 11111 1111 1111 664630 12/08/2004 11:49R B1645 P306 M RLSDORF 4 of 12 R 61.00 D 0.00 GARFIELD COUNTY CO Improvements have been constructed in accordance with the requirements of this Agreement, including all plans submitted to obtain approval of the Final Plat. Upon submission of a certification of completion of Improvements by the Owner and copies of recorded instruments evidencing the conveyance of all property and interests required to be conveyed to the Lake Springs Ranch Owners Association 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, 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 the said 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 that were certified as complete. If a letter of potential deficiencies is issued which identifies a portion of the certified improvement 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 amount of security as such relates to the certified Improvements that are not identified as potentially deficient in the letter. ii. When all Improvements are 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 deficiency to Owner. If the County finds that the Improvements are acceptable, then a release of the sale prohibition shall be given to the Owner within ten (10) days after completion of such investigation. In the event the Improvements are not accepted by the County, the Board shall make a written finding prior to such determination requesting the Owner cure any deficiency and if not so cured to vacate the Final Plat. Additionally, the County shall provide the Owner a reasonable period of time to cure any deficiency prior to acting to vacate the Final Plat. iii. Upon completion of all Improvements, Owner shall submit to the Board as - built drawings bearing the stamp of Owner's professional engineer certifying that all Improvements have been constructed in accordance with the requirements of this Agreement, including all Final Plat plans. FAM Blake SpringslFinal PIat1SIA\LSR PUD SIA Lot Sale Prohibition - v3.wpd Page 4 of 9 1111111 Hill 1111111 111 11111 1111111 11111 111 11111 1111 1111 664630 12/08/2004 11:49A B1645 P307 M ALSDORF 5 of 12 R 61.00 0 0.00 GARFIELD COUNTY CO d. A plat note shall reflect this absolute prohibition on individual lot sales as set forth in subsections (a) and (b) above. 4. WATER SUPPLY AND WASTEWATER COLLECTION. Prior to issuance of any certificates of occupancy by the County for any homes to be located upon Lake Springs Ranch, Filing 1, Owner shall install a water distribution system for potable water and fire protection. The Owner shall also install a wastewater collection system in accordance with plans and specifications approved by the Spring Valley Sanitation District. All easements and rights of way necessary for installation, operation, service and maintenance of such water supply and distribution system and wastewater collection system shall be established as shown on the Final Plat for Lake Springs Ranch, Filing 1. Said water supply and distribution system and wastewater collection system shall be conveyed in its entirety to Lake Springs Ranch Owners Association, a Colorado nonprofit corporation, on or before termination of the Declarant Control Period as defined in the Declaration of Covenants, Conditions and Restrictions for Lake Springs Ranch, Filing 1. 5. ROADS. a. All roads within Lake Springs Ranch, Filing 1, shall be dedicated to the public as public rights-of-way. The Lake Springs Ranch Owners Association shall be solely responsible for the maintenance, repair and upkeep of said roads. The County shall not be obligated to maintain any roads within the subdivision. b. All off-site roadwork on County Road 119 as depicted and described in the Development Plans will be completed by the Owner. Upon completion, the revised roadway will be dedicated to Garfield County and the old roadway vacated. 6. INDEMNITY. To the extent allowed by law, the Owner agrees to indemnify and hold the County harmless and defend the County from all claims which may arise as a result of the Owner's installation of the Improvements required pursuant to this Agreement. However, the Owner does not indemnify the County for claims made asserting that the standards imposed by the County are improper or the cause of the injury asserted. The County shall be required to notify the Owner of receipt of a notice of claim, or a notice of intent to sue, and 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 County's rights under this paragraph. Nothing herein shall be interpreted to require the Owner to indemnify the County from claims which may arise from the negligent acts or omissions of the County or its employees. 7. TRAFFIC IMPACT FEES. Pursuant to Section 4:94 of the Garfield County Subdivision Regulations, and Resolution No. 97-04 and Resolution 98-28, Lake Springs Ranch, Filing F:\M BSLake Springs\Final PIat1SIA\LSR PUD SIA Lot Sale Prohibition - v3.wpd Page 5 of 9 1 11111 1111111 urniii iimii iini iii 11111 1111 ini 664630 12/08/2004 11:49A B1645 P308 M ALSDORF 6 of 12 R 61.00 D 0.00 GARFIELD COUNTY CO 1, would require a Traffic impact Fee of $45,330.54. However the cost of construction of the off-site roadwork on County Road 119 as depicted and described in the Development Plans and budgeted for as shown on Exhibit A, Engineer's Estimate attached, will be credited against said Traffic Impact Fee and thus no fee for the same will be due from Owner at this time. 8. CONVEYANCE OF AGRICULTURAL RESERVE. Upon the mutual execution of this Agreement, Owner shall execute and deliver into escrow deeds of conveyance for the Agricultural Reserve parcel and Utility Easements reflected on the Final Plat (collectively, the "Deeds") to Lake Springs Ranch Owners Association, a Colorado nonprofit corporation. The Deeds shall be deposited into escrow, pursuant to an Escrow Agreement to be executed by Owner, the Board and the Escrow Agent, providing that the Escrow Agent shall hold the Deeds until the earlier of (I) receipt of a written notice signed only by Owner notifying Escrow Agent that the work required of the Owner under this Agreement has been completed and accepted by the Board; or (ii) receipt of a written notice signed only by the Board stating that Owner has failed to comply with the terms and conditions of this Agreement; or (iii) November 1, 2005. Upon the first to occur of the foregoing events, Escrow Agent shall cause the Deeds to be recorded in the records of the Garfield County Clerk and Recorder. 9. SALE OF LOTS. No lots within Lake Springs Ranch, Filing 1, may be separately advertised, contracted, reserved, leased, conveyed, sold or otherwise transferred prior to recording of a Final Plat for Lake Springs Ranch, Filing 1, in the records for the Garfield County Clerk & Recorder and prior to completion and acceptance by the County of all subdivision Improvements as described herein. 10. ISSUANCE OF BUILDING PERMITS. As one remedy for breach of this Agreement, the County may withhold issuance of any building permits or certificates of occupancy for any structure to be built upon Lots 1 through 21, Lake Springs Ranch, Filing 1. The parties agree that no building permit shall be issued unless the Owner demonstrates to the satisfaction of the Carbondale & Rural Fire Protection District ("District") that there is adequate water available to the construction site for the District's purposes and all applicable District fees have been paid to the District. The parties also agree that no certificates of occupancy for residences upon any lot within Lake Springs Ranch, Filing 1, shall be issued until all Improvements (as defined above) have been completed as required by this Agreement. Finally, the Owner agrees that, prior to conveyance of any lot, it will provide the purchaser of that lot with a signed copy of the form attached as Exhibit B concerning the issuance of building permits and certificates of occupancy. 11. CONSERVATION EASEMENTS. Even though not required by any condition of approval of this land use application, the PUD or the preliminary or Final Plat, if a conservation FIM Blake Springs\Final PIat1SIAVLSR PUO SIA Lot Sale Prohibition - v3 wpd Page 6 of 9 i iuiii uiii niiiii iu iiui umu lull m iiiii iui uii 664630 12/08/2004 11:49A B1645 P309 M ALSDORF 7 of 12 R 61.00 D 0.00 GARFIELD COUNTY CO easement is granted and conveyed by Owner and accepted by a qualified holder thereof on any portion of the area included in the Final Plat, all physical subdivision improvements required for such portion will be suspended and any security to guarantee completion of such Improvements shall be released, except for the prohibition on sale of lots as described herein, for so long as the conservation easement remains in place. Upon the grant of such an conservation easement, the Board agrees to acknowledge the grant of such conservation easement and by further instrument acknowledge the suspension of physical subdivision improvements and release of such security and agrees to credit any development fees specified by the preliminary plat approval and paid on account of any lot which lot is hereafter made subject to a conservation easement, to be credited to future lots in the Lake Springs Ranch PUD but only to the extent creditable by the Board. However, if for any reason any such conservation easement were ever released or terminated for any reason, the obligations for all subdivision Improvements and the security for such Improvements will be reinstated subject to such revisions as may be required by the Board, including without limitation cost estimates and security at then -current values, and, failing such reinstatement and further compliance, the County may vacate the Final Plat of Lake Springs Ranch, Filing 1, in accordance with paragraph 13 below. 12. ENFORCEMENT. In addition to any rights which may be proved by Colorado statute, it is mutually agreed that the County or any purchaser of any lot shall have the authority to bring an action in the Garfield County District Court to compel enforcement of this Agreement. 13. CONSENT TO VACATE PLAT. In the event the Owner fails to comply with the terms of this Agreement, including the terms of the Preliminary Plan, the County shall have the ability to vacate the Final Plat for Lake Springs Ranch, Filing 1, as it pertains to any lots for which building permits have not been issued. As to any such lots for which building permits have been issued, the plat shall not be vacated and shall remain valid. In such event, the Owner shall provide a survey and complete legal description with a map showing the location of any portion of the plat so vacated. 14. RECORDING OF AGREEMENT. This Agreement shall be recorded and shall be a covenant running with title to all lots within Lake Springs Ranch, Filing 1, and shall constitute notice to prospective purchasers or other interested parties as to the terms and provisions hereof. 15. BINDING EFFECT. This Agreement shall be a covenant running with the title to the land within the Final Plat for Lake Springs Ranch, Filing 1, and the rights and obligations as contained herein shall be binding upon and inure to the benefit of Owner, its successors and assigns. F:SM B\Lake SpringslFinal PIat1SIA\LSR PUD SIA Lot Sale Prohibition - v3.wpd Page 7 of 9 1111111 11111 11111111111111111111 1111111111111 664630 12/08/2004 11:49A B1645 P310 M ALSDORF 8 of 12 R 61.00 D 0.00 GARFIELD COUNTY CO 16. NOTICES. 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 delivery, facsimile transmission, United States certified mail, postage prepaid, return receipt requested, by messenger or by overnight delivery service, in all cases addressed to the person for who it is intended at their address and facsimile numbers(s) set forth below or to such other address as a party shall have designated by notice in writing to the other party in the manner provided by this paragraph: If to the Owner: If to the County: The Berkeley Family Limited Partnership % Miriam M. Berkeley 4001 County Road 114 Glenwood Springs, Colorado, 81601 Board of County Commissioners % Mark Bean, Garfield County Planning Director 108 Eighth Street, Room 201 Glenwood Springs, CO 81601 17. AMENDMENT. This agreement may be amended or modified from time to time, but only in writing signed by the parties hereto. 18. VENUE AND JURISDICTION. Venue and jurisdiction for any cause arising out of, or related to, this Agreement shall lie with the District Court for Garfield County, Colorado, and this Agreement shall be construed according to the laws of the State of Colorado. IN WITNESS WHEREOF, the parties have signed this Agreement to be effective upon the date first set forth above. THE BERKELEY FAMILY LIMITED PARTNERSHIP By: Rfil / rc iriam M. Berkeley, General Partn F:5M BILake Springs4Finel PIat1SIA\LSR PUD SIA Lot Sale Prohibition - v3.wpd Page 8 of 9 A`RTI`ST: i uiiii uiii iiuui iii iiiii iiiiiii lull iii mil uii uii 664630 12/08/2004 11:49A B1645 P311 M ALSDORF 9 of 12 R 61.00 D 0.00 GARFIELD COUNTY CO BOARD OF COUNTY COMMISSIONERS OR THE COU&OF GARFIELD, STATE OF COLORADO 441 Alsclorf, Clerk & Recorder Garfieid..County, Colorado • STATE OF COLORADO COUNTY OF GARFIELD ) ss. Subscribed and sworn to before me by Miriam M. Berkeley as General Partner of The Berkeley Family Limited Partnership this 1St day of November 2004. WITNESS my hand and official seal. My commission expires: F:IM B\Lake SpringaTinel PIat1SIA1LSR PUD SIA Lot Sale Prohibition - v3.wpd u 7) Ngtary Pu.lic. Page 9 of 9 tltltltltl■ L 0 t=4 V J aF s z �aNICo.� ro a. o LO W w 1- tltltltltl■ co a( Oal m — gr mom MM • 0 m M00 t0 QC N+ fY =MI" " tO O ti) t9 l0 - October 28, 2004 HCE JOB NO: 2041025.00 k:lgprodatalfite\204\I0251COST ESTIMATE10-28-O4.xls ITEM UANTITY^ UNIT C05T! COST Earthwork (CUT) 23012 C.Y. $2.501 $57,530.00 4" Asphalt 21167 S.Y. $11.50; $243,420.50 6" Class 6 ABC (Roadway, Shoulders, and Tank road) 9935: C.Y.$30.001 $298,050.00 Subtotal: $599,000.50 4" C900 Waterline 1335: L.F. . $42,720.00 4" Valve € 3 Each $850$32.0000' 52,550.00 8".C900 Waterline 9975: L.F. $38.00: $379,050.00 .............................................................................. 8" Tema.Blow Off Valve 3 ! Each $500.00 $1,500.00 8" Air Realese Valve i2 Each $3,250.00: $6,500.00 8 Valve 2. Each $1,000.00'.... 1 i......................................_._.............,..................$22,000:00 8" PRV Valve &Vault ] Each 511,500.00: 511,500.00 14" C900 Waterline ......................................................................................_._................... 2687...........L.F._...................................... 10" Valve :......................_._._..........................: $4300: ...................:............ $115,541.00 ................................................._4....._..Each;......................._..........._$1,350:00 ................................................._$5,400.00 10" Air Realese Valve 1 : Each $3,250.00! $3,250.00 12" C900 Waterline i 548: L.F. $48.00: $26,304.00 ......................................................... . 12" Valve I Each $1,850.004 $1,850.00 3/4" Water Service .................................................................................................................::....................................................................................-._.................................................. 21 Each $900.00' $18,900.00 Fire Hydrant Assembly 25 Each$3,800.00; $95,000.00 Water tank and Pump System (All items for system included) I Each $350,000.00: $350,000.00 Subtotal! $1,082,045.00 4Dia. Manhole 15 Each i $2,200.00; ................................_........................._..............................................._.................._............................................_...................._$33,000:00 8" SDR 35 Sewerline 3520; L.F. $35.00 $123 200.00 4" Sewer Service................_...._...........................................................................-_.............._. ..................._...........................Z...,... 1, Each $850.00 $17,850.00 4" HDPE Forcemain 1709. L.F. 4" HDPE Forcemain Cleanout 3 s Each 4" HDPE Forcemain Lift Station(Complete in Place) 1 Each Gas, Electric, Telephone, Cable TV 7272! L.F. 825.00 542,725.00 5500.00; $1,500.00 $50,000.00! $50,000.00 Subtotal: 836.001 Subtotal: $268,275.00 $261,792.00 $261,792.00 54" ADS -N12 54" FES 30" ADS -N12 30" FES 5 1 Each 40 ! L.F. 24" ADS -N12 24" FES 18" ADS -N12 18" FES 2 ! Each 120 t L.F. 4 ! Each 370 575.00! $2,250.00! $42.00; 8600.00! $36.00! $525.00! $30.00* 14 ! Each I I Subtotal! 8455.00! Silt Fence 8,945 L.F.!$2.50 ! $22,362.50 $3,750.00 $4,500.00 $1,680.00 $1,200.00 $4,320.00 $2,100.00 $11,100.00 $6,370.00 $35,020.00 Straw Bales ...• 256 :Each $5.00 ' $1,280.00 Revegetation of Disturbed Areas (Seeding & Mulching) 10.3 Acres 82,000.00 ' $20,600.00 s ! Subtotal _....... � $44,242.50 Class I Ground Sign Street I.D. Sign This opinion of probable construction cost was prepa This estimate is based on unapproved construe change. This estimate does not include en construction administration, utility soft c held responsible for variances from this market fluctuations. Al] utilitiy prices including all fittings. 3 Each$200.00: ..................................................................................................... .. .. . $600.00 4i Each € :............. 0.00 $20 $8 O 00 D atingpurposes nI . $1,40000Subtotal; ities are slubject to ...,......._................ Subtotal ........ 52,291,795.00 [ruction testing, .............................:.............................. nnot be Contingency $229,179..50 to bid and Testing!Engineering(2.0%):,..,......... $45$80,212.835.8390 (......%) ....... , Survey 3.55% Construction Mgmt (3.5%) $80,212.83 n, !TOTAL - Other $2,727,236.05 EXHIBIT "A" 1 inui 11111 1111111 111 11111 Ionil uni iii niiii ni ini 664630 12/08/2004 11 49A B1645 P313 M ALSDORF 11 of 12 R 61.00 D 0 00 GARFIELD COUNTY CO EXHIBIT "B" SUBDIVISION IMPROVEMENTS AGREEMENT LAKE SPRINGS RANCH, FILING 1 LAKE SPRINGS RANCH PUD NOTICE REGARDING BUILDING PERMITS TO: ALL PURCHASERS OF HOME SITES WITHIN LAKE SPRINGS RANCH, Filing 1 LAKE SPRINGS RANCH PUD SUBDIVISION YOU ARE HEREBY NOTIFIED under applicable Garfield County Regulations, you may not commence construction of a residence within unincorporated Garfield County, Including Lake Springs Ranch, Filing 1, Subdivision, prior to issuance of a building permit by Garfield County. Under the terms of the Subdivision Improvements Agreement between Garfield County and Berkeley Family Limited Partnership, Garfield County will not issue building permits for property in Lake Springs Ranch, Filing 1, 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 purpose. 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. As a part of the Final Plat submittal, the Owner/Developer paid 50% of the Garfield County traffic impact fee at the time of platting. The remaining 50% of such fee shall be payable by the party seeking a building permit and due prior to building permit approval. Additionally, Garfield County will not issue Certificates of Occupancy for any structures within Lake Springs Ranch, Filing 1, until all of the subdivision improvements have been completed and are operational in accordance with the Subdivision Improvements Agreement between Garfield County and Berkeley Family Limited Partnership. OWNER/SUBDIVIDER: Berkeley��Family Limited Partnership By: r'`` F:1M 81Lake Springs\Final PIat1SIA\Notice to Purchasers.wpd 1 iuiii 11111 1111111 111 iiiii iimii 11111 iii iiuii iii ilii 664630 12/08/2004 11:49A B1645 P314 M ALSDORF 12 of 12 R 61.00 D 0.00 GARFIELD COUNTY CO The foregoing Notice was read and understood by the undersigned Purchaser of a home site within Lake Springs Ranch, Filing 1, this day of 200 PURCHASER: (Type Name) (Type Address) F:1M $\Lake Springs\Final PIatISIAINotice to Purchasers.wpd