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1.0 BOCC Staff Report 07.13.2020
Garfield County Board of County Commissioners Public Meeting Exhibits Orr/Smith Subdivision Improvements Agreement Release Applicants: Lacy Orr and Howard "Gil" Smith July 13, 2020 Exhibit # Exhibit Description 1 Staff Memo 2 Letter from Chris Hale, Mountain Cross Engineering 3 Bills of Sale for Required Well on the Property 4 Division of Water Resources Well Permitting Information 5 Email from Steve Anthony, Vegetation Manager, Garfield County 6 Subdivision Improvement Agreement 7 Acknowledgment of Satisfaction & Direction to Treasurer M;vc, yv.ovt, {o Alv.ove.. Uw ,,r,,ov 5 EXHIBIT Garfield County Community Development Department MEMORANDUM TO: Board of County Commissioners FROM: Patrick Waller, Senior Planner DATE: July 13, 2020 SUBJECT: Request for Release of Funds for Satisfaction of Subdivision Improvements Agreement, Orr -Smith Subdivision Exemption BACKGROUND The County has received a request for release of funds associated with the required security for the Subdivision Improvements Agreements for the Orr/Smith Subdivision. A copy of the request is included in the Board packet. The Subdivision Improvement Agreement sets forth the security requirements, the required improvements, and costs. The improvements required at the time of the County approvals include the installation of a well and revegetation of the associated area of disturbance. Additionally, the SIA required that the owner provide copies of instruments conveying ownership of the wells to the current property owners or to a homeowner's association. In this instance, the applicant conveyed the wells via a bill of sale attached as Exhibit 3. The applicant has requested the release of both the infrastructure and revegetation funds totaling $15,457.07 including interest. 108 Eighth Street, Suite 401 Glenwood Springs, Colorado 81601 (970) 945-8212 REQUEST FOR RELEASE OF FUNDS The request includes an engineer's certification from Chris Hale of Mountain Cross Engineering, that all required improvements for the Subdivision Exemption have been completed. Steve Anthony, County Vegetation Manager also confirmed that he has no issues with the release of the Revegetation Security (Exhibit 5). Mr. Hale has indicated that he cannot sign the required Written Request for Final Release of the Letter of Credit in the form that is provided in the Subdivision Improvements Agreement, as he did no witness the installation of the well. Instead he has asked that the Board accept his stamped letter attached as Exhibit 2. Staff is supportive of Mr. Hale's request. BOARD ACTION - DIRECTION Planning Staff supports the release of the funds to Lacy Orr and Howard Smith, from the Treasurer's Deposit accounts for the Orr/Smith Subdivision Exemption based on the engineer's stamped certification of completion of the improvements. Staff recommends a motion by the Board to approve the request for release of funds by the Treasurer's Office and to allow the Chairman to sign the Acknowledgement and Direction to the Treasurer. 108 Eighth Street, Suite 401 Glenwood Springs, Colorado 81601 (970) 945-8212 (Chis Hale, PE Attachments C: Mr. Gill Smith via email June 29, 2020 Board of County Commissioners c/o Mr. Patrick Waller 108 81" Street, Suite 401 Glenwood Springs, CO 81601 MOUNTAIN CROSS ENGINEERING, INC. Civil and Environmental C RE: SIA Release Letter for Orr -Smith Subdivision Exemption Dear Patrick: EXHIBIT The purpose of this letter is to discuss exceptions to the "Request for Final Release of Letter of Credit" that was anticipated and labelled Exhibit E in the SIA for the Orr -Smith Exemption. A copy has been attached. Mountain Cross Engineering, Inc, was asked to reviewed the improvements that were constructed for the Orr -Smith Subdivision Exemption after construction had been completed. Exhibit E anticipated in the third paragraph that the engineer would provide periodic observation and testing during construction. This turned out to not be the case. Mountain Cross Engineering, Inc. cannot sign Exhibit E as written since there was no observation or testing performed by this office during construction. In lieu of the SIA Exhibit E, it is requested that the BoCC accept the attached letter dated April 29, 2020 as an alternative. Feel free to call if you have any questions or comments. Sincerely, Moulataiij Cross Engine Fin , Ingl 826 1/2 Grand Avenue, Glenwood Springs, CO 81601 P: 970.945.5544 F: 970.945.5558 www.mountaincross-eng.com ■III I ODWAV 1 h4h4ANAR6i4441W014111111 ReceptionN: 827822 11130!2012 02:23 10 PM Jean Alberlco 23 of 25 Reo Fee. $131.00 Doc Fee:0.00 GARFIELD COUNTY CO EXHIBIT E REQUEST FOR FINAL RELEASE OF LETTER OF CREDIT Board of County Commissioners Garfield County, Colorado c/o Fred Jarman, Director 108 8th Street, Suite 401 Glenwood Springs, CO 81601 Re: Orr -Smith Subdivision Exemption This request is written to formally notify the BOCC of work completed for Orr -Smith Subdivision Exemption. On behalf of the Owner, we request that the BOCC review the attached Engineer's Certificate of Final Completion and approve cancellation and full release of the Letter of Credit. Attached is the original cost estimate and certified work completed schedule showing that all improvements required by the Subdivision Exemption Improvements Agreement and secured by the Letter of Credit have been completed. Based upon periodic observation and testing, the construction has been completed, in accordance with the intent of the plans and specifications that were reviewed and approved by the SOCC'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 Owner's Representative/Engineer April 16, 2020 Board of County Commissioners c/o Mr. Patrick Waller 108 8th Street, Suite 401 Glenwood Springs, CO 81601 MOUNT/MN CROSS ENGINEERING, INC. Civil and Environmental Consulting and Design RE: Completion of Improvements for Orr -Smith Subdivision Exemption Dear Patrick: The purpose of this letter is to confirm that Mountain Cross Engineering, Inc. has reviewed the improvements for the Orr -Smith Subdivision Exemption. On behalf of the Owner, we request the BoCC review this letter and the evidence herein and release the security being held for the improvements. Attached is the original cost estimate prepared by Resource Engineering. Based on the statements made to Mountain Cross Engineering, Inc. by Mr. Gill Smith and a site visit performed by this office on April 15, 2020, as a professional engineer licensed in the State of Colorado, #35946, and a representative of Mountain Cross Engineering, Inc, in my professional opinion, the well has been installed per the intent of the SIA. 8261/2 Grand Avenue, Glenwood Springs, CO 81601 P: 970.945.5544 F: 970.945.5558 www.mountaincross-eng.com The conclusions and opinions that are expressed above are based on the information available at the time of preparation of this letter. Any additional information presented afterward may require that these opinions and the recommendations be modified. Feel free to call if you have any questions or comments. Sincerely, Mounts in Cross En in nn Inc. i This Hale, PE .Q Attachments C: Mr. Gill Smith via email Mountain Cross Engineering, Inc. Civil and Environmental Consulting and Design 826 '/z Grand Avenue, Glenwood Springs, CO 81601 P: 970.945.5544 F: 970.945.5558 www.mountaincross-eng.com MILE ■.■ ■ 1111 WI%le 9741114171011'1111 111 Recepilon4: 827822 11f30(2012 02:23.10 PM Jean P1Cerico 19 or 25 Rec Fea•5131.00 Doc Fee -0.00 GARFIELD COUNTY CO RESOURCE ENGINEERING I N C. MoI ly-Orkild-Larson,AICP, RLA Senior Planner Garfield County Building and Planning Department 108 8th Street, Suite 401 Glenwood Springs CO 81601 June 4, 2012 RE: Orr/Smith Exemption — Opinion of Probable Cost for Shared Well Improvements Dear Molly: This letter presents an updated opinion of probable cost for the developer improvements for the shared well (Lot 4 Well) identified In the Well Sharing Agreement. The Improvements include setting a transformer and meter, installing electrical panel, controls, and electric service to the well and installing the pump, drop pipe, pitiess adapter and a valved pipeline stub, and revegetation of disturbed areas. Resource Engineering, Inc.'s opinion of probable cost is $15,400 as shown on the attached Table 1. Note that Holy Cross Energy does not charge to set a transformer and meter. The cost is based on the 2010 opinion with an increase based on the composite construction cost index from summer 2010 to current date of 9.3 percent.. Please call if you have any questions or need additional information. Sincerely, RESOURCE ENGINEERING, INC. Michael . Eri• , P Water Reso aces Engineer MJE/mmm 1096-1.0 11111 ���4+1�J it '�'�wMiI+� IlWi Iri1 6 �II� fI IIl'�11I Ill Reception**: 827822 11f3012012 02:23:10 PM Jean Alberioo 20 of 25 Rao Feer$€34.00 Doc Fee:0.00 GARFIELD COUNTY CO EXHIBIT 6 ORR/SMITH EXEMPTION SHARED WELL OPINION OF PROBABLE COST ITEM QUANTITY UNIT UNIT PRICE AMOUINT 1. Set transformer and meter (Holy Cross Energy) 2. Install electric service tine to well, panel, controls, etc 3. Install 70 feet drop pipe, 3/4 HP pump, pitless adapter, well seal cap, and 3 pipe stubs with valves 4. Revegetation 1 LS N/C $0 1 LS $10,100 $10,100 1 LS $1,700 $1,700 1 LS $1,000 $1,000 SUB -TOTAL $12,800 10% Contingency _ $1,280 TOTAL $14,080 Composite Trend of General Construction Costs 2010 - 2012 9.30% $1,309 JUNE 2012 UPDATED TOTAL $15,389 1095-1.0 RESOURCE ENGINEERING,INC. JUNE 5, 2012 12:54p General Bill of Sale (For any type of personal Crop,:: y) 1, er:/'-j`� J =r (L (seller), in consideration of dollars ($ e' )_ do hereby sell, transfer and convoy to : r''% (buyer), the following: ci/� (, 4Ls:77.,, ,rrf- !"-�:,;(' ,� +Ts Ate: 4 2CL —,':ilk �,.' ;�y� • r r .'' ✓2. _ CC -:,_:.:„.4.. . 144-,,,.:4,,,mr,. r,= t.� Lrf, =f£ ti•,.. • • I, the undersigned seller, do sell the above-described properly to f ie buyer Jo' thc mow Lt slir.v and certify that all of the information provided iii this Bill o:'Sak is tn1 s::. ,I :c c ,r�ie to L11c best of my knowledge. I, the undersigned lti#}er, acknowledge receipt of this Bill of Sale ,Ind and r31;t;:;;1 here, i nc, guarantee or warranty, expressed or implied, with respect to he al uve dei it.c;:; ; rc Herr , 1l also understood that the above -stated item is sold in "as is" c•)ndi ion - Dated this f Seller Naa"e: tPtinttdl Notary Public On this /c day of • /sVC day of T 4'1E. �o::{� aefnre nuc a notary public, persoe ally appeared i1- 4jt" k er� rr'._, who proved tomeon,hebasis ofsztisfa:t.:t-, e,icjtnce obe..ht person(s) whose nenie(s) isiare sGbscribcd to the within insttiimcot and ackr.owled,ed to int: lila: tJ�i,;h they D:ecl.uca the same in his/her/their authorized capacity(ies), and that by his/her/their Si;naturos on the trwira1,e r::: the pe:sor,{s . the entity upon b.balf of which the persons) acted, executed the instrument 1 eel -Hy under Pc Ra l.• or ',-rjur, Linde: r laws of the State of-`:+os.'.l,4- _ that the foregoing is true and cancer. Witness aneec- Witness ntv hand and Official Seal .`��' �C }}-•;,y,_,: S.fcl� /VI)s�;2.i-y :--Z1/ail, i+ (Sedl) • ''O, 1254p General Bill of Sale (For any type of personal proper_r) I, (G ;/ . IA , '/ '✓. seller), ir, collsiclet ation of dollars ($ 1,? ). do hereby sell, transfer and comicv (buyer), the following: _et '�ter, �(, J, sem- 7�2 C =� M . e�' r Ck4 ./ f �_eC '/12-14 2. I, the undersigned seller? do sell the akyb-61C,S1'rihnd property to tiubuyot I & w , „ , and certify that all of the information provided in this Bill of Sale is'mile rlll;' best of my knowledge. r-- 1, the undersigned buyer, acknowledge receipt of this Bill of Sale ;t d under;t; guarantee or warranty, expressed or implied, with respect to :he a>`•ove-deal_ also understood than the above -stated item is sold in "as is" c )nditic,r. Dated this Sella Name: f1'rintod) Sell r .$i n af-Lsrc: day of , 7(1 :2C.. -5 ,�" ' fri-- Notary Public On this /, i— day of tT e �,YF 20,L) before nic , — � Orb • a notary public, ersoi fall rl P � p Y a>>Peared rit, K- �� �1-!` ' , who proved to me on the ba.lis of sans ft.eior .., denee to be person(s) wiaose naine(s) isfarestibscribed to the within instrument and acktowle<Iged to utc that] /the y exccute,:: the sante in hisiher/their authorized capacity(ies), and that by his/her/their signatures on the i rslrt[n " t the p. rson(:;;•, r r the entity upon behalf of which the person(s) acted, executed the instrurnen :. I cer i ty under t': ;t lett :if 1'e;- u: y under: laws of the State of that the foregoing is time and correct. Witness my hand and Official Seal ('Seal i ;!0,12:54p General Bill of Sale (For any type of persona] I.rope-ty) p3 1,(,--..!..-1,:;_z,. 0,I -4y -,� -; (sorer), in consideration n;' )do}]ars (Sr,4.3______), do hereby se}}, transfer and cot v<: to r'-2 ' ... 76; _a ; �— (buyer), the following: r,r � -,_ _ -/ I, the undersigned seller, do se]I the above-described property to 1:)e buyer 16, LC 3441otr:t shll e ., and certify that all of the information provided in this Bill of Salo is true 21r1_1 ,,, e to `ile best of my knowledge, 1, the undersigned d5iiyar,.acknowledge receipt of this Sill of Sale and unc]er,; :; 1 is i c guarantee or warranty, expressed or implied, with respect to -:he aLove-de ct iI e i -, -open ;• It i also understood that the above -stated item is sold in "as is" cunditi n. Dated this day of Seder �1it:�e:1}Hiatt]) �eucr Signature: •1) . Notary Public On this J day oP , 2020 Ir!#'ore Wf T� a natant public, perso ;11y a ttared , who proved to rrie on tie person(s) whose naatefs) is/are subseribed to the within instrum ut and a kt ou. edbasis of sa e tE w. ev;cic nee I X ' t t , the same in ltis'her/their authorized ca aciy <,No t e i Lair m ' I c the p ion(a:-t1 the en upon behalf of which the person(s) lacted,�executed the ins instrument. 1 cerci fy under instrument per one r,; �` P laws of the State of • — that the foregoing is true and tort• sct, t" ° t Penur" «nett tl Witness my and and Official Seal (Seal) a% (/ 4/-‘2C /116i) , A -41/C' 1'1.=0- ( 1 go DNR COLORADO Division of Water Resources Department of Natural Resources Well Permit Summary Report THIS PAGE IS NOT THE ACTUAL PERMIT The information contained on this page is a summary of the permit file and may not reflect all details of the well permit. See full disclaimer below. Permit Number: 271770 - Permit Category: Residential Permit Status: Well Constructed Receipt: 9502684B WDID: Physical Location Division: 5 District: 45 County: GARFIELD Designated Basin: Outside Management District: Outside Denver Basin Aquifer: Outside Feature Type Dist N/S Dist E/W Q10 Q40 Q160 Sec Township Range PM UTMx UTMy Latitude Longitude Location Accuracy Well (Application/Permit) 823 S 546 E SE SE 30 6 0 S 90 0 W S 287059 5 4374637.0. 39.495000 -107 476330 Spotted from section tines Well (Construction Report) SE SE 30 6.0 S 90.0 W S 287059.5 4374637.0 39495004 -107.476335 User supplied Physical Address: 6640 CR 312 City & State: NEW CASTLE, CO Zip: 81647 Parcel Type: County Exemption Name/# Parcel Name: ORR-SMITH SUBDIVISION EXEMPTION Lot, Block, Filing Lot Block Filing Description 4 R083268 5 R083269 3 R083267 271770- 1 of 3 Certified accurate as of 06/19/2020 Permit Details Acres In Parcel: 36.93 Statute: 37-92-602(3)(b)(II)(A) - Exempt statutory presumption of no injury Parcel ID: 23-2183-304-02-004 Use(s): Domestic, Stock 9IIQw UR Peimi Condi iQl.Sjsee actual permit for more jpformatiortj Limits: Yield Amount Depth (T) Depth (B) Abandonment Required: No 7.00 Meter Required: No Aquifer(s): ALL UNNAMED AQUIFERS Geophysical Log Required: No Area Irrigated: 1.00 Rule 6.2.2.1 (Notice): No Within Water Service Area. Rule 6.2.3 (Floating Permit): No Water Supplier Name: Type of Sewage System: Sewer System Details: Associated Permit(s) Permit Association - Assoc Permit Assoc Receipt Permit Issued Permit Status Comment Other (associated from) 266922- 9502412C 12/6/2005 12:00:00 AM Permit Canceled Other (associated to) 266922- 9502412C 12/6/2005 12:00:00 AM Permit Canceled Associated Case Number(s) No available data Well AKA(s) Source AKA Name Well Name ORR SMITH AREA WELL NO. 2 Construction/Pump Installation Details Driller: SHELTON DRILLING CORPORATION Pump Installer: AQUA TEC SYSTEMS, INC (PLATZER, TOM) (SHELTON, WAYNE) Construction Date: 12/15/2005 Last Pump Installation Date: 8/1/2019 Completed Well Depth: Production Test Yield: 7.00 Perforated Casing Top: 32 Perforated Casing Bottom: 42 Static Water Level: Well Yield Estimate (GWS -31): 3.50 271770- 2 of 3 Certified accurate as of 06/19/2020 Application/Permit History Action Action Date Date Received Comment Well Constructed 12/15/2005 2/23/2006 Zip Code Application Received 11/13/2006 11/13/2006 ORR LACY & GIL SMITH Permit Issued 12/4/2006 CO 81602 Comment (Permit) 5/31/2017 Owner Use exrsdnp well. Only welt on 36.93 acres tract. Shared wall lots 3,435. Tax #8017213 (totaling 78.42 acres). Phy address: 6640 CR 312, New Castle, CO. X - refer parmil nos. 50600, 152526, 286920, 266921(CA), 268922(CA) & 271766. dmw 05/31/17 Change in Owner Name / Mailing Address 1/8/2018 1/8/2018 81652 Change in Owner Name / Mailing Address 4/25/2018 4/25/2018 1/3 ownership Record Change 3/29/2019 CO Updated physical address, parcel and tax schedule number. Also updated subdivision name and lot number. dmw 03/29/2019 Change in Owner Name / Mailing Address 4/1/2019 4/1/2019 Robert & Angela Harris - 1/3 shared interest Pump Installed 8/1/2019 9/18/2019 81601 Change in Owner Name / Mailing Address 6/19/2020 6/19/2020 Jervis & McGrew own Lot 4, Katherine Jones Lot 3, Robert & Angela Harris Lot 5 Applicant/Contact Start Date End Date Association Type-- Contact Name Address City State Zip Code T 12/4/2006 6/18/2020 Owner ORR LACY & GIL SMITH C/O JOHN TAUFER PO BOX 2271 GLENWOOD SPRINGS CO 81602 1/8/2018 6/18/2020 Owner LLOYD, FIONA 1491 CR 237 SILT CO 81652 4/25/2018 Owner JONES, KATHERINE PO BOX 2183 VAIL CO 81658 4/1/2019 Owner HARRIS, ROBERT J. 4275 CLARK STREET GLENWOOD SPRINGS CO 81601 4/1/2019 Owner HARRIS, ANGELA M. 4275 CLARK STREET GLENWOOD SPRINGS CO 81601 6/19/2020 Owner JERVIS, AMANDA 970 DEARBORN PLACE BOULDER CO 80303 . 6/19/2020 Owner MCGREW, GREGORY 970 DEARBORN PLACE BOULDER CO 80303 Disclaimer * The information contained on this page is a summary of the permit file and may not refect all details of the well permit. THIS PAGE IS NOT THE ACTUAL PERMIT. This page should not be used as a basis for any legal consideration, to determine the allowed uses of the well, to determine construction information, or to determine the terms and conditions under which the well can operate. The complete well permit Tile should be viewed to obtain details on the allowed uses and other relevant information. A complete copy of the file is available in the "Imaged Documents" section of this page, and can be viewed by opening all of the documents listed in that section. Note that all of the terms and conditions under which a well can operate, particularly for non-exempt wells, may not be specified on the well permit. Wells may also be subject to relevant statutes, rules and decrees. To learn more abou well permitting in Colorado, please visit DWR's Well Permitting Page. If you have any questions about this well permit file, please contact the DWR Groundwater Information Desk at (303) 866-3587 (Hours gam-4pm 271770- 3 of 3 Certified accurate as of 06/19/2020 Patrick Waller From: Steve Anthony Sent: Wednesday, May 13, 2020 10:01 AM To: Chris@mountaincross-eng.com Cc: hgsmith125@gmail.com; Patrick Waller Subject: RE: [External] Reseeding Performed at Orr/Smith Attachments: 2020WeedCS.docx; HoaryCressWhitetop.pdf Chris: EXHIBIT 1 A site visit isn't necessary. I have contacted Patrick and I have no issues with the reseeding in regards to the SIA security. Separately, I would like to encourage the landowner to voluntarily manage any noxious weeds found on the property. Whitetop is prevalent in the area. I have attached information on whitetop and our noxious weed cost -share program. The treatment of whitetop is not tied into the release of the SIA, the information is provided in hopes that the landowner will manage any whitetop found on the property. Regards, Steve From: Chris@mountaincross-eng.com <Chris@mountaincross-eng.com> Sent: Tuesday, May 12, 2020 9:25 AM To: Steve Anthony <santhony@garfield-county.com> Cc: hgsmith125@gmail.com; Patrick Waller <pwaller@garfield-county.com> Subject: [External] Reseeding Performed at Orr/Smith Steve: Mr. Smith has reseeded the well area, per the attached pictures. Now would be a better time to go for a site visit to release revegetation security. Friday won't work for me but anything else would. Would anytime this week work for you? Let me know. Thanks. Sincerely, Mountain Cross Engineering, Inc. Chris Hale, P.E. 826 1/2 Grand Avenue Glenwood Springs, CO 81601 Ph: 970.945.5544 Fx: 970.945.5558 1 1111EA1 VW AIWA Willi 11111 Reeeptlon7#: B27822 11/3012012 02:23 10 AM Jean Alberleo 1 of 25 Reo Foe $731.0© Doo Fee 0.00 GARFIELD COUNTY CO ORR-SMITH SUBDIVISION EXEMPTION IMPROVEMENTS AGREEMENT THIS ORR-SMITH SUBDIVISION EXEMPTION IMPROVEMENTS AGREEMENT ("SIA") is made and entered into this/6 day of , 2012, by and between LACY ORR and GIL SMITH (collectively "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 1. Owner is the owner and developer of the Orr -Smith Subdivision Exemption (the "Subdivision"), which property is depicted on the Exemption Plat of the Orr -Smith Subdivision Exemption ("Exemption Plat" or "Exemption Plat of the Subdivision"). The real property subject to this SIA is described in that Exemption Plat recorded at Reception Number �ia1' j5 of the real estate records of Garfield County, Colorado and incorporated by this reference. 2. On May 18, 2010, the Director of the Garfield County Building and Planning Department, issued a Director Determination, recorded at Reception Number 8,26-2.5 (I, of the real estate records of Garfield County, Colorado and incorporated by this reference, approving a Subdivision Exemption which, among other things, would create five single-family residential lots ("Director Determination"). 3. As a condition precedent to the approval of the Exemption Plat as required by the laws of the State of Colorado and by the Garfield County Unified Land Use Resolution of 2008, Owner wishes to enter into this SIA with the BOCC. 4. Owner has agreed to execute and deliver a letter of credit or other security in a form satisfactory to the BOCC to secure and guaranty Owner's performance under this Agreement and EXHIBIT Q5 1111 ri P1'4.110.11.1061110 Kt 1r140.1114 11 11 1 ReeeptionU: 827822 11130!20112 02.23:1C PM Jean Rlbericc 2 or 25 ReC Fee:1131.00 Doc Fee:0.00 GARFIELD COUNTY CO under the Director Determination and has agreed to certain restrictions and conditions regarding the sale of properties and issuance of building permits and certificates of occupancy within the subdivision, all as more fully set forth below. S. Owner represents that at the time of recording this SIA all taxes and assessments upon all parcels of real estate described in this SIA are paid in full. NOW, THEREFORE, in consideration of the foregoing recitals and the mutual covenants and promises contained herein, the BOCC and Owner ("Parties") agree as follows: Agreement 1. EXEMPTON PLAT APPROVAL. The BOCC hereby accepts and approves the Exemption Plat of the Subdivision, on the date set forth above, subject to the terms and conditions of this SIA, the Director Determination, and the requirements of the Garfield County Unified Land Use Resolution of 2008 and any other governmental or quasi -governmental regulations applicable to the Subdivision ("Exemption Plat Approval"). Recording of the Exemption Plat in the records of the Garfield County Clerk and Recorder shall be in accordance with this SIA and at the time prescribed herein. 2. OWNER'S PERFORMANCE AS TO SUBDIVISION IMPROVEMENTS. a. Completion Date/Substantial Compliance. Owner shall cause to be constructed and installed the subdivision improvements, identified in the Exhibits defined in subparagraph 2.a.i, below ("Subdivision Improvements") at Owner's expense, including payment of fees required by Garfield County and/or other governmental and quasi -governmental entities with regulatory jurisdiction over the Subdivision. The Subdivision Improvements, except for revegetation, shall be completed on or before the end of the first full year following execution of this SIA ("Completion Date"), in substantial compliance with the following: 2 ■III ' P�'�r��'�r�' kI J INrR ENO 11111 Reoeptiont+: 827822 11130/2012 02:33.10 PM Jean Rlberlco 3 or 25 Rec Fee 5131.00 Doo Fee:0.00 GARFIELD COUNTY CO Subdivision Improvements, consisting of the Lot 4 shared well improvements, as described in the letter by Resource Engineering, Inc. dated June 4, 2012, such improvements being summarized in narrative attached to and made a part of this SIA by reference as Exhibit A; 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 to and made a part of this SIA by reference as Exhibit B, which estimate shall include an additional ten (10) percent of the total for contingencies; and all other documentation required to be submitted along with the Exemption Plat under pertinent sections of the Garfield County Unified Land Use Resolution of 2008 ("Exemption Plat Documents"). ii. All requirements of the Director Determination. iii. All laws, regulations, orders, resolutions and requirements of Garfield County and all special districts and any other governmental entity or quasi -governmental authorities with jurisdiction. iv. The provisions of this SIA. b. Satisfaction of Subdivision Improvements Provisions. The BOCC agrees that if all Subdivision Improvements are constructed and installed in accordance with this paragraph 2; Owner's Engineer has given written approval certifying that all Subdivision Improvements have been constructed in accordance with the requirements of this S1A, including all Exemption Plat Documents and the Director Determination; all other requirements of this SIA have been met; and all requirements of Director Determination are satisfied, then the Owner shall be deemed to have satisfied all terms and conditions of the Director Determination, the Exemption Plat Documents and the Garfield County Unified Land Use Resolution of 2008, with respect to the installation of 3 • 1111 I `i P11111 r O% Itfi li Rini 11111 Receptionil: 827822 11!70!2012 02.23.10 PM Jean Rlberiao 4 of 25 Rao fae:5131.00 Doc Fa;:C.GO GARFIELD COuvTY C4 Subdivision Improvements. 3. SECURITY FOR SUBDIVISION IMPROVEMENTS (EXCEPT RE - VEGETATION). a. Subdivision Improvements Letter of Credit and Substitute Collateral. As security for Owner's obligation to complete the Subdivision Improvements other than revegetation, Owner shall deliver to the BOCC, on or before the date of recording of the Exemption Plat, a Letter of Credit in the form agreed to be acceptable to the BOCC, attached to and incorporated in this SIA by reference as Exhibit C ("LOC") or in a form consistent with the Uniform Commercial Code, C.R.S. § 4-1-101, et seq. and approved by the BOCC. The LOC shall be in the amount of $14,080.00, representing the full estimated cost of completing the Subdivision Improvements and revegetation, with a sufficient contingency to cover cost changes, unforeseen costs and other variables (not less than 10% of the estimated cost and as approved by the BOCC), as set forth and certified by Owner's Engineer on Exhibit B to guarantee completion of the Subdivision Improvements. The LOC shall be valid for a minimum of six (6) months beyond the Completion Date for the Subdivision Improvements set forth in Paragraph 2.a., above. The BOCC, at its sole option, may permit the Owner to substitute collateral other than a Letter of Credit, in a form acceptable to the BOCC, for the purpose of securing the completion of the Subdivision Improvements subject of this Paragraph 3.a. b. LOC Requirements and Plat Reco" rding. The LOC required by this SIA shall be issued by a state or national banking institution acceptable to the BOCC. If the institution issuing the LOC is not licensed in the State of Colorado and transacting business within the State of Colorado, the LOC shall be "confirmed" within the meaning of the Uniform Commercial Code, Letters of Credit, § 4-5-101, et seq., C.R.S., as amended, by a bank that is licensed to do business in 4 1111K PriIMMO 1,IVI111411111411/214.11614640 Ai 11111 Receptiont1: 827822 151'30,2012 02:23:10 PM Jean Alberice 5 of 25 Rec Fee:$131.00 Doc Fee:O.O0 GARFIELD COUNTY CO the State of Colorado, doing business in Colorado, and acceptable to the BOCC. The LOC shall state that presentation of drafts drawn under the LOC shall be at an office of the issuer or confirmer located in the State of Colorado. The Exemption Plat shall not be recorded until the security, described in this paragraph 3 and the security for revegetation described in paragraph 4, below has been received and approved by the BOCC. c. Extension of LOC Expiration Date. If the Completion Date, identified in paragraph 2.a.. above, is extended by a written amendment to this SIA, the time period for the validity of the LOC shall be similarly extended by the Owner, For each six (6) month extension, at the sole option of the BOCC, the face amount of the LOC shall be subject to re -certification by Owner's Engineer of the cost of completion and review by the BOCC. d. Unenforceable LOC. Should the LOC expire or become void or unenforceable for any reason, including bankruptcy of the Owner or the financial institution issuing or confirming the LOC, prior to the BOCC's approval of Owner's Engineer's certification of completion of the Subdivision improvements, this SIA shall become void and of no force and effect and Exemption Plat shall be vacated pursuant to the terms of this SIA. e. Partial Releases of Security. Owner may request partial releases of the LOC, and shall do so by means of submission to the Building and Planning Department of a "Written Request for Partial Release of LOC", in the form attached to and incorporated by this reference as Exhibit D. accompanied by the Owner's Engineer's stamped certificate of partial completion of improvements. The Owner's Engineer's seal shall certify that the Subdivision Improvements have been constructed in accordance with the requirements of this SIA, including the Exemption Plat Documents and the Director Determination. 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 5 101ProPaIMAPil4iir.ltf,10.itIMYAINii 11 111 R.oiptiont: 827822 11/30/2012 02:23:10 PM Jean Alberico 6 of 25 Rec Fee:$131 00 Doc Fee:0.00 GARFIELD COUNTY CO Colorado Public Utilities Commission obligating such company to install certain utility lines; and2) 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 LOC as portions of the Subdivision Improvements, dealt with in this Paragraph 3, are certified as complete to the BOCC by the Owner's Engineer, requirements of the Director Determination have been met, and both the certification and satisfaction of the Director Determination requirements have been approved by the BOCC. f. BOCC's Investigation. Notwithstanding the foregoing, upon submission of the Owner's Written Request for Partial Release of LOC, along with Owner's Engineer's certificate of partial completion of improvements, the BOCC may review the certification and the Director Determination, and may inspect and review the Subdivision Improvements certified as complete to determine whether or not they 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 LOC, accompanied by Owner's Engineer's certificate of partial completion of improvements, all Subdivision Improvements certified as complete shall be deemed approved by the BOCC, and the BOCC shall authorize release of the appropriate amount of security, provided that all requirements of the Director Determination have been satisfied. 6 1111 14 ired1)11D L1414111tf I,1414141141Nil 11111 Reception#: 827822 11;3a/2012 02:23:10 PM Jean Alberlco 7 of 25 Rec Fee:$131 D0 Doc Feet0.00 GARFIELD COUNTY CO ii. If the BOCC chooses to inspect and determines that all or a portion of the Subdivision Improvements certified as complete are not in compliance with the relevant specifications or that requirements of the Director Determination have not been met, 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 LOC. If a letter of potential deficiency is issued identifying a portion of the certified Subdivision Improvements as potentially deficient and there are no outstanding requirements of the Director Determination, then all Subdivision Improvements not identified as potentially deficient shall be deemed approved by the BOCC, and the BOCC shall authorize release of the amount of security related to the Subdivision Improvements certified as complete and not identified as potentially deficient. iv. With respect to Subdivision Improvements identified as potentially deficient in a letter of potential deficiency or requirements of the Director Determination that have not been met, the BOCC shall have thirty (30) days from the date of the letter to complete the initial investigation, begun under subparagraph 3.f.ii., above, and provide written confirmation of the deficiency(ies) to the Owner. v. if the BOCC finds that the Subdivision Improvements are complete, in compliance with the relevant specifications and that all requirements of the Director Determination have been met, then the appropriate amount of security shall be authorized for release within ten (10) business days after completion of such investigation. g. BOCC Completion of improvements and Other Remedies. If the BOCC finds, within the thirty (30) day period of time, defined in subparagraph 3.f.iv. above, that the Subdivision Improvements are not complete, or if the BOCC dctermines that the Owner will not or cannot 7 ■III K. i ied 11111 Reception#: 827822 11/30/2012 02:23:10 PM Jean Alberico 0 al 25 Rec Fea 5134.00 Doc Fee:0.00 GARFIELD COUNTY CO construct any or all of the Subdivision improvements, whether or not Owner has submitted a written request for release of LOC, or that requirements of the Director Determination have not been met, the BOCC may withdraw and employ from the LOC such funds as may be necessary to construct the Subdivision Improvements in accordance with the specifications or to satisfy the Director Determination requirements, up to the face amount or remaining face amount of the LOC. In such event, the BOCC shall make a written finding regarding Owner's failure to comply with this SIA or requirements of the Director Determination prior to requesting payment from the LOC, in accordance with the provisions of Article XIII of the Garfield County Unified Land Use Resolution of 2008. In lieu of or in addition to drawing on the LOC, the BOCC may bring an action for injunctive relief or damages for the Owner's failure to adhere to the provisions of this SIA regarding Subdivision Improvements and satisfaction of requirements of the Director Determination. The BOCC shall provide the Owner a reasonable time to cure any identified deficiency(ies) prior to requesting payment from the LOC or filing a civil action. h. Final Release of Security. Upon completion of all Subdivision Improvements and Director Determination requirements, other than revegetation, Owner shall submit to the BOCC, through the Building and Planning Department: 1) Owner's Engineer's written approval certifying that all Subdivision Improvements have been constructed in accordance with the requirements of this SIA, including all Exemption Plat Documents and the Director Determination; 2) copies of instruments conveying real property and other interests which Owner is obligated to convey to the Homeowner's Association of the Subdivision at the time of Exemption Plat Approval; and 3) a Written Request for Final Release of LOC, in the form attached to and incorporated herein as Exhibit E. along with Owner's Engineer's stamp and certificate of final completion of improvements. The BOCC shall authorize a final release of the LOC after the 8 111I I41.141.G 1.f0.114i1l0,IN.+L 1111 ReceptIon#: 827822 11/3012012 02:23.10 PM Jean Albericc 9 of 25 Rec Fee S131 00 Doc Fee:0.00 GARFIELD COUNTY CO Subdivision 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 Subdivision Improvements are complete, in accordance with the relevant specifications, and that all requirements of the Director Determination have been met, the BOCC shall authorize release of the final amount of security, within ten (10) business days following submission of the Owner's Written Request for Final Release of LOC accompanied by the other documents required by this paragraph 3.h. ii. Notwithstanding the foregoing, upon Owner's Written Request for Final Release of LOC, accompanied by Owner's Engineer's certificate of final completion of improvements, the BOCC may inspect and review the Subdivision Improvements certified as complete. lithe BOCC does so review and inspect, the process contained in paragraph 3.f., above, shall be followed. iii. If the BOCC finds that the Subdivision Improvements are complete, in accordance with the relevant specifications, and that all requirements of the Director Determination have been satisfied, the BOCC shall authorize final release of security within ten (10) days after completion of such investigation. iv. If the BOCC finds that the Subdivision Improvements are not complete, in accordance with the relevant specifications, and/or that requirements of the Director Determination have not been satisfied, the BOCC may complete remaining Subdivision Improvements and satisfy requirements of the Director Determination, or institute court action in accordance with the process outlined in paragraph 3.g., above. 4. SECURITY FOR RF,VEGETATION. a. Revegetation LOC and Substitute Collateral. $1,000.00 of the face amount of 9 1111 r.li 11111 Reception#: 827822 11/30/2012 02:23.10 PM Jean Alberico 10 of 25 Rec Fee $131.00 Doc Fee:0.00 GARFIELD COUNTY CO the LOC, specified in Paragraph 3a above, shall be allocated to revegetation of disturbed areas within the Subdivision ("Revegetation LOC"), the cost for which is detailed as a subdivision improvement in Exhibit B. The Revegetation LOC shall be valid for a minimum of two (2) years following recording of the Exemption Plat. The BOCC, at its sole option may permit the Owner to substitute collateral other than a Letter of Credit, in a form acceptable to the BOCC, for the purpose of securing the completion of revegetation. b. Revegetation LOC General Provisions. The provisions of paragraphs 3.b., 3.c. and 3.d., above, dealing with Letter of Credit requirements. extension of expiration dates, increase in face amounts, and plat recording shall apply to the Revegetation LOC. c. Revegetation Review and Notice of Deficiency. Upon establishment of revegetation, 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 Weed Management Plan 2000. adopted by Resolution No. 2002-94 and recorded in the Office of the Garfield County Clerk and Recorder as Reception No. 580572, as amended, and the narrative of Resource Engineering, Inc. dated June 4, 2012 for the Subdivision submitted for the Director's Determination. If the Vegetation Management Department refuses approval and provides written notice of deficiency(ies), the Owner shall cure such deficiency(ies) by further revegetation efforts, approved by the Vegetation Management Department, as such efforts may be instituted within the two (2) years following recording of the Exemption Plat. d. Single Request for Release of Revegetation LOC. Following receipt of written approval of the Vegetation Management Department, the Owner may request release of the Revegetation LOC and shall do so by means of submission to the BOCC, through the Building and 10 ii troioni111111 Recep€ion#: 827822 11736/2012 C2 23 10 PM .lean Plherivo s1 of 25 Rec FeP $131.113 ',Duo Fee 3 00 CARP:ELO C0JM1Y CO Planning Department. ofa Written Request for Release of Revcgetation LOC. in the term attached to and incorporated herein by reference as Exhibit F, 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. It is specifically understood by the parties that the Revegetation LOC is not subject to successive partial releases, as authorized in paragraph 3.e., above. Further, the Revegetation LOC and the BOCC's associated rights to withdraw funds and bring a court action may survive final release of the LOC securing other Subdivision Irnprovements, defined in paragraph 3.a., above. e. BOCC's Completion of Revegetation and Other Remedies. If Owner's revegetation efforts are deemed by the BOCC to be unsuccessful, in the sole opinion 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, in its discretion, may withdraw and employ from the Revegetation LOC such funds as may be necessary to carry out the revegetation work, up to the face amount of the Revegetation LOC. In lieu of or in addition to drawing on the Revegetation LOC, the BOCC may bring an action for injunctive relief or damages for the Owner's failure to adhere to the provisions of this SIA related to revegetation. The BOCC shall provide the Owner a reasonable time to cure any identified deficiency prior to requesting payment from the Revegetation LOC or filing a civil action, 1l 1111m ttiotunitkproricamonii11111 Recptionr: 827822 11(30/2012 02:23 10 Pr ,lean Alberico 12 of 25 Roc Fre $131.00 Doc Fee:0 00 GARFIELD COUNTY CO 5: WATER SUPPLY. As stated in paragraph 11, below, prior to issuance by the BOCC of any certificates of occupancy for any residences or other habitable structures constructed within the Subdivision, Owner shall install, connect and make operable a water supply and distribution system for potable water, fire protection, and non -potable irrigation water in accordance with approved plans and specifications. All easements and rights-of-way necessary for installation, operation, service and maintenance of such water supply and distribution systems shall be as shown on the Exemption Plat. Owner shall deposit with the Garfield County Clerk and Recorder executed originals of the instruments of conveyance for easements appurtenant to the water systems, for recordation following recording of Exemption Plat and this SIA. Immediately following the recordation of Exemption Plat and this S1A, all facilities and equipment contained within the water supply system(s) shall be transferred by Owner to the Homeowner's Association of the Subdivision or individual homeowner(s), as appropriate, by bill of sale. If a third party water service entity requires warranty of the system(s), Owner shall provide proof to the BOCC that such warranty is in effect and, if necessary, has been assigned. 6. PUBLIC ROADS, All lots will have access to County Road 3 12 either directly or via a private driveway easement over another Lot as shown on the Exemption Plat. The BOCC shall not be obligated to maintain the private driveway easement. 7. PUBLIC UTILITY RIGHTS-OF-WAY. Whether or not utility easements exist elsewhere in the Subdivision, all road rights-of-way within the Subdivision shall contain easements for installation and maintenance of utilities. Any public utility easements shall be depicted on the face (Attie Exemption Plat and deeded by recorded instrument to the HOA for the benefit of public utility providers. The Homeowner's Association of the Subdivision shall be solely responsible for the maintenance, repair and upkeep of said public utility easements, unless otherwise agreed to with 12 1111 leC 1111 '.' iltNI1141:1 'l 1111 Reception!*: 827822 11!3012012 02:23:10 PM Jean Alberico 13 of 25 Rec Fee:$131.00 Ow Fee:0.00 GARFIELD COUNTY CO the public utility company(ies). The BOCC shall not be obligated for the maintenance, repair and upkeep of any utility easement within the Subdivision. In the event a utility company, whether publicly or privately owned, requires conveyance of the easements depicted on the Exemption Plat by separate document, Owner shall execute and record the required conveyance documents. Any utility easement within county road rights-of-way are subject to the Garfield County Road and Right - of -Way Use Regulations, recorded as Reception No. 643477, in the records of the Garfield County Clerk and Recorder, as amended 8. INDEMNITY. The Owner shall indemnify and hold the BOCC harmless and defend the BOCC from all claims which may arise as a result ofthe Owner's installation ofthe Subdivision Improvements including revegetation and any other agreement or obligation of Owner, related to development of the Subdivision, required pursuant to this SIA. The Owner, however, does not indemnify the BOCC for claims made asserting that the standards imposed by the BOCC are improper or are the cause of the injury asserted, or from claims which may arise from the negligent acts or omissions ofthe BOCC or its employees. The BOCC shall notify the Owner of receipt by the BOCC 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 govenunental immunity granted to the BOCC by Colorado statutes and case law. 9, FEES IN LIEU OF DEDICATION OF SCHOOL LAND. Owner shall make a cash deposit in lieu of dedicating land to the Garfield RE -2 School District, calculated in accordance with the Garfield County Unified Land Use Resolution of 2008 and the requirements of state law, The Owner and the BOCC acknowledge and agree that the cash in lieu payment for the Subdivision 13 1111K INIIKAL:IFV SICI I 109WEIVPIIIIii 11 IH I Reception#: 827822 71i3@12012 02:23:10 PM Jean Rlbericc 14 cr 25 Rea Fa@ $131.00 Doc Fee:0.00 GARFIELD COUNTY CO is calculated for the Garfield RE -2 School District, $200.00 per unit. The Owner, therefore, shall pay to the Garfield County Treasurer, at or prior to the time of recording of the Exemption Plat, Fight Hundred Dollars ($800.00) as a payment in lieu of dedication of land to the Garfield RE -2 School District. Said fee shall be transferred by the BOCC to the school district in accordance with the provisions of §30-28-133, C.R.S., as amended, and the Garfield County Unified Land Use Resolution of 2008. The Owner agrees that it is obligated to pay the above -stated fee, accepts such obligations, and waives any claim that Owner is not required to pay the cash in lieu of land dedication fee. The Owner agrees that Owner will not claim, nor is Owner entitled to claim, subsequent to recording of the Exemption Plat, a reimbursement of the fee in lieu of land dedication to the Garfield RE -2 School District. 10. SALE OF LOTS. No lots, tracts, or parcels within the Subdivision may be separately conveyed prior to recording of the Exemption Plat in the records of the Garfield County Clerk and Recorder. 11. BUILDING PERMITS AND CERTIFICATES OF OCCUPANCY. As one remedy for breach of this SIA, including failure to satisfy requirements of the Director Determination, the BOCC may withhold issuance of building permits for any residence or other habitable structure to be constructed within the Subdivision. Further, no building permit shall be issued unless the Owner demonstrates to the satisfaction of the Bunting Mountains Fire Protection District ("District"), if the District has so required, 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. No certificates of occupancy shall issue for any habitable building or structure, including residences, within the Subdivision until all Subdivision Improvements, except revegetation have 14 VIII 'i t III Reception#; 827$22 11330/2012 02,23710 PM Jean Alberico 15 of 25 Rec Fee.S131 00 Doc Fee,0.00 GARFIELD COUNTY CO been completed and arc operational and all requirements of the Directors Determination have been satisfied as required by this SIA. 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 SIA. 12. CONSENT TO VACATE PLAT. [n the event the Owner fails to comply with the terms of this SIA, the BOCC shall have the ability to vacate the Exemption Plat as it pertains to any lots for which building permits have not been issued. As to lots for which building permits have been issued, the Plat shall not be vacated and shall remain valid. In such event, the Owner shall provide the BOCC a plat, suitable for recording, showing the location by surveyed legal description of any portion of the Exemption Plat so vacated by action of the BOCC. if such a Plat is not signed by the BOCC and recorded, or if such Plat is not provided by the Owner, the BOCC may vacate the Exemption Plat, or portions thereof, by resolution. 13. ENFORCEMENT. In addition to any rights provided by Colorado statute, the withholding of building permits and certificates of occupancy, provided for in paragraph 1 1, above, the provisions for release of security, detailed in paragraph 3, above, and the provisions for plat vacation, detailed in paragraph 12, above, it is mutually agreed by the BOCC and the Owner, that the BOCC, without making an election of remedies, and 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 SIA. Nothing in this SIA. however, shall be interpreted to require the BOCC to bring an action for enforcement or to withhold permits or certificates or to withdraw unused security or to vacate the Exemption Plat or a portion thereof, nor shall this paragraph or any other provision of this SIA be interpreted to permit the purchaser of a lot to file an action against the BOCC. In I5 1111 PM. hAVVICIIKIN 11 III RecepUdon0: 827822 15/30/2012 02.23:50 P!7 Jean Alberlco 16 of 25 Fier: ree•$121 00 Oae Fee 0 00 GPRFIHL.0 COUNTY CO addition, the BOCC may, but shall not he required to, pursue any of its enforcement remedies as applicable. pursuant to Article XII of the lJnified Land Use Resolution of 2008. as amended. 14. NOTICE BY RECORDATION. This SIA 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 and other interested persons as to the terms and provisions of this S1A. 15. 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. 16. CONTRACT ADMINISTRATION AND NOTICE PROVISIONS. The representatives of the Owner and the BOCC, identified below, are authorized as contract administrators and notice recipients. Notices required or permitted by this SIA shall be in writing and shall be effective upon the date of delivery, or attempted delivery if delivery is refused. Delivery shall be made in person, by certified return receipt requested U.S. Mail, receipted delivery service, or facsimile transmission, addressed to the authorized representatives of the BOCC and the Owner at the address or facsimile number set forth below: Owner: Lacy Orr and Gil Smith P.O. Box 727 Darby, Montana 59829 Phone: (406) 531-6777 w/copy to, BOCC: Board of County Commissioners of Garfield County, Colorado c/o Building & Planning Dir. 108 81h Street, Suite 401 Glenwood Springs, CO 81601 Phone: (970) 945-8212 Fax: (970) 384-3470 16 1111 i ',` 1111011W1414111111, IiiTIOCI, " 1111111 H I ReceptionP: 827822 11/30/2012 02:23:10 PM Jean Alberioo 17 of 25 Rep Fee:$131.00 Doo Fee:O 00 GARFIELD COUNTY CO 17. AMENDMENT AND SUBSTITUTION OF SECURITY. This SIA may be modified, but only in writing signed by the parties hereto, as their interests then appear. Any such amendment, including, by way of example, extension of the Completion Date, substitution of the form of security, or approval of a change in the identity of the security provider/issuer, shall be considered by the BOCC at a scheduled public meeting. Before any extension of Completion Date is considered, Owner shall certify that all taxes and assessments on the real property subject to the SIA are paid in full. If such an amendment includes a change in the identity of the provider/issuer of security, due to a conveyance of the Subdivision by the Owner to a successor in interest, Owner shall provide a copy of the recorded assignment document(s) to the BOCC, along with the original security instrument. Notwithstanding the foregoing, the parties may change the identification of notice recipients and contract administrators and the contact information provided in paragraph 18, above, in accordance with the provisions of that paragraph and without formal amendment of this SIA and without consideration at a BOCC meeting. 18. COUNTERPARTS. This SIA 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 saine instrument. 19. VENUE AND JURISDICTION. Venue and jurisdiction for any cause arising out of or related to this SCA shall lie with the District Court of Garfield County, Colorado, and this SIA shall be construed according to the laws of the State of Colorado. IN WITNESS WHEREOF, the parties have signed this SIA to be effective upon the date of Exemption Plat Approval for the Subdivision. 17 �111��1111'''iL��IWh,I�IIIC�II1�'� U 111 RRception8: 827822 11+30/2012 02:23:10 PM Jean Alberico 18 of 25 Rao Fee:$131.00 Doc Fee:0.00 GPRFiELD COUNTY CO ATTEST: 'VA° kroA, A STATE OF-WilaRakee r7�—�• J •cvd )L2 COUNTY OF f BOARD OF COUNTY COMMISSIONERS OF GARFI " D L 1NTY, COLORADO Date 7/1O' 020 42— Date Subscribedn sworn to before me by Lacy Orr and Gil Smith, Owners of the Subdivision, this AL., day of , 2012. WITNESS my hand and official seal. My commission expires: No J ktaf 'D -C) KATMYt.PETERSON NOTARY PUBLIC M 1ha aih{yTAHJAL3*• 8lalaofMONana SEAL ' meow aINarmon,Aepnjna / Myy Cammlulon lxprw Hcrainblf 1r1, �O14 18 VIII It%P liS 11111 Receptfor#: 827822 11/3012012 02;23:10 PM Jean A1Eerloo 19 of 25 Rec Fee:E131.00 Doo Fee.0.00 GARFIELD COUNTY CO RESOURCE ENGINEERING I N C. Molly-Orkild-Larson,AICP,RLA Senior Planner Garfield County Building and Planning Department 108 8t Street, Suite 401 Glenwood Springs CO 81601 June 4, 2012 RE: Orr/Smith Exemption — Opinion of Probable Cost for Shared Well Improvements Dear Molly: This letter presents an updated opinion of probable cost for the developer improvements for the shared well (Lot 4 Well) identified In the Well Sharing Agreement. The Improvements include setting a transformer and meter, installing electrical panel, controls, and electric service to the well and installing the pump, drop pipe, pitiess adapter and a valved pipeline stub, and revegetation of disturbed areas. Resource Engineering, Inc.'s opinion of probable cost is $15,400 as shown on the attached Table 1. Note that Holy Cross Energy does not charge to set a transformer and meter. The cost is based on the 2010 opinion with an increase based on the composite construction cost index from summer 2010 to current date of 9.3 percent.. Please call if you have any questions or need additional information. Sincerely, RESOURCE ENGINEERING, INC. Michael . Eris , P. Water Reso aces Engineer MJE/mmm 1095-1.0 141V CIAINI IInk 11111 Reception#: 827822 11130/2012 02:23110 PM Jean Alberioo 20 of 25 Roc Foo.5131.00 Doc Fee:O.00 GARFIELD COUNTY CO EXHI BIT B ORR/SMITH EXEMPTION SHARED WELL OPINION OF PROBABLE COST ITEM QUANTITY UNIT UNIT PRICE AMOUINT 1. Set transformer and meter (Holy Cross Energy) 1 LS N/C $0 2. install eleclnc service line to well, panel, controls, etc 1 LS $10,100 $10,100 3, Install 70 feet drop pipe, 3/4 HP pump, pitless adapter, 1 LS $1,700 $1,700 well seal cap, and 3 pipe stubs with valves 4. Revegetation 1 LS 81,000 $1,000 SUB -TOTAL 10% Contingency TOTAL Composite Trend of General Construction Costs 2010 -2012 9.30% 812,800 $1,280 814,080 $1,309 JUNE 2012 UPDATED TOTAL $15,389 1095-1.0 RESOURCE ENGINEERING,INC. JUNE 5, 2012 1111K Ph III t`g:14144117111iii 11111 ReceplIon#: 827822 $1)3012012 02:23:10 PM Jean Alberloo 21 of 26 Roc Fee:$131.00 Doc Fee:0.00 GARFIELD COUNTY CO EXHIBIT C ORR-SMITH SUBDIVISION EXEMPTION LETTER OF CREDIT This exhibit intentionally left blank. VIIIweivizirt: 14 Ili 11111 ReceptionU: 827822 11130/2012 02:23:10 PM Jean Alberico 22 o/ 26 Rec Fea $131.00 Doc Fee:0.00 GARFIELD COUNTY CO EXHIBIT D WRITTEN REQUEST FOR PARTIAL RELEASE OF LETTER OF CREDIT Board of County Commissioners Garfield County, Colorado c/o Fred Jarman, Director 108 8a` Street, Suite 401 Glenwood Springs, CO 81601 Re: Orr -Smith Subdivision Exemption This request is written to formally notify the BOCC of work completed for Orr -Smith Subdivision Exemption. On behalf of the Owner, we request that the BOCC review the attached Engineer's Certificate of Partial Completion and approve a reduction in the face amount of the Letter of Credit in the amount of $ to a reduced face amount of Attached is the original cost estimate and certified work completed schedule showing: Cost Estimate Work Completed (less 1 O%) Reduced Face Amount of LOC Based upon 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's Representative/Engineer ■III " man owittp, I R I4 fW » 11111 ReceptianN: 827822 11/3012012 02:23.10 PM Jean Alberlco 23 of 25 Rao Fee.$t31.00 Doc Fee:0.00 GARFIELD COUNTY CO EXHIBIT E REQUEST FOR FINAL RELEASE OF LETTER OF CREDIT Board of County Commissioners Garfield County, Colorado c/o Fred Jarman, Director 108 8th Street, Suite 401 Glenwood Springs, CO 81601 Re: Orr -Smith Subdivision Exemption This request is written to formally notify the BOCC of work completed for Orr -Smith Subdivision Exemption. On behalf of the Owner, we request that the BOCC review the attached Engineer's Certificate of Final Completion and approve cancellation and full release of the Letter of Credit. Attached is the original cost estimate and certified work completed schedule showing that all improvements required by the Subdivision Exemption improvements Agreement and secured by the Letter of Credit have been completed. Based upon periodic observation and testing, the construction has been completed, 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 _ Owner's Representative/Engineer 111 114 IKNOCIONCliii 1111 Recept sari# . 827822 1113012012 02-23.1e PM Jean Alb -erica 24 of 26 Rec Fee:$131.00 Doc Fee:0.00 GARFIELD COUNTY CO EXHIBIT F REQUEST FOR FINAL RELEASE OF REVEGETATiON LETTER OF CREDIT/TREASURER'S DEPOSIT AGREEMENT Board of County Commissioners Garfield County, Colorado c/o Fred Jarman, Director 108 8"1 Street, Suite 401 Glenwood Springs, CO 81601 Re: Orr -Smith Subdivision Exemption This request is written to formally notify the BOCC of revegetation work completed for Orr - Smith Subdivision Exemption. On behalf of the Owner, we request that the BOCC review the attached Engineer's Certificate of Completion and approve cancellation and full release of the Treasurer's Deposit Agreement and the funds held thereby. Attached is the original cost estimate and certified work completed schedule showing that revegetation required by the Subdivision Exemption Improvements Agreement and secured by the Treasurer's Deposit Agreement has been completed. Based upon periodic observation and testing, the revegetation has been completed, 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 Exemption Improvements Agreement between the BOCC and the Owner. If further information is needed, please contact at Owner's Representative/Engineer 1111h'i' 1 11hiRni;ifl li',MWtlrlAlli+elll 'N CIIIii11111 Reception#: 827822 41130'2012 02:23-10 PM Jean Alberico 26 of 26 Reo Fee:$131 00 Doc Fee:0.00 GARFIELD COUNTY CO EXHIBIT G NOTICE TO POTENTIAL PURCHASERS OF LOTS Please be advised of the following restrictions on building permits and certificates of occupancy: 1. The Board of County Commissioners of Garfield County may withhold issuance of building permits for any residence or other habitable structure to be constructed within the Subdivision Exemption for violation of the Subdivision Exemption Improvements Agreement for the Orr - Smith Subdivision Exemption between the Board of County Commissioners and Lacy Orr and Gil Smith recorded as Reception No. in the Office of a Garfield County Clerk and Recorder. 2, No building permit shall be issued unless Lacy Orr and Gil Smith demonstrate to the satisfaction of the Burning Mountain Fire Protection District, if the District has so required, 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. 3. No certificates of occupancy shall issue for any habitable building or structure, including residences, within the Subdivision Exemption until all Subdivision Exemption Improvements, except revegetation have been completed and are operational and all requirements of the Exemption Approval have been satisfied as required by the Subdivision Exemption Improvements Agreement. 4. No structure shall be erected on Lot 5 outside the Building Envelope designated on the Exemption Plat. Structures located on Lots 1, 2, 3, and 4 shall comply with the Garfield County minimum set back requirements for the Rural Zone District. No structure on any Lot shall be allowed within 35 feet of the high water mark of Garfield Creek. ACKNOWLEDGMENT OF SATISFACTION AND DIRECTION TO TREASURER TREASURER'S DEPOSIT AGREEMENT Recitals EXHIBIT 1. Lacy Orr and Gil Smith, entered into a 2012 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 November 9, 2012 and recorded on November 30, 2012 as Reception Number 827823 of the Real Estate Records of the Garfield County Clerk and Recorder ( "Deposit Agreement"). 2. Lacy Orr and Howard Smith have presented certification to the BOCC from a licensed engineer that construction of Improvements is final and written approval from the Garfield County Vegetation Manager that revegetation is successful. Acknowledgment NOW THEREFORE, at the request of Lacy Orr and Gil Smith and in consideration of the premises and the prior agreements contained in the Deposit Agreement the BOCC hereby: 1. acknowledges full satisfaction of the security requirements of the Orr -Smith Subdivision Exemption Improvements Agreement; 2. authorizes disbursement of funds from the Orr -Smith Subdivision Exemption Treasurer's Account in the amount of $15,457.07, resulting in a remaining balance of $ -0- 3. authorizes and directs the Treasurer to release the funds held in the Treasurer's Account to Lacy Orr and Howard Smith. BOARD OF COUNTY COMMISSIONERS ATTEST: OF GARFIELD COUNTY, COLORADO By: Clerk to the Board John Martin, Chairman Date: