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Reception#: 989299
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HALFMOON VILLAGE SUBDIVISION
IMPROVEMENTS AGREEMENT
This Halfmoon Village Subdivision improvements Agreement ("SIA") is made and entered
into this (day of September, 2023, by and between Halfmoon Village, LLC ("Owner") and the
Board of County Commissioners of Garfield County, Colorado, acting for the County of
Garfield ("County"), State of Colorado, as a body politic and corporate, directly or through its
authorized representatives and agents (`BOCC").
1. Owner is the owner and developer of the Halfmoon Village Subdivision (the
"Subdivision"), which property is depicted on the Final Plat of Halfmoon Village Subdivision
("Final flat" or "Final Plat of the Subdivision"). The real property subject to this SIA is described in
that Final Plat of Halfmoon Village Subdivision, recorded at Reception Number of
the real estate records of Garfield County, Colorado and incorporated by this reference.
2. On October 3, 2022, the BOCC, by Resolution No. 2022-33, recorded at Reception
Number 979967 of the real estate records of Garfield County, Colorado and incorporated by this
reference, approved a preliminary plan for the Subdivision which, among other things, would create
48 single-family residential lots and 3 open space/common area parcels ("Preliminary Plan
Approval").
3. As a condition precedent to the approval of the Final Plat submitted to the BOCC as
required by the laws of the State of Colorado and by the Garfield County Land Use and
Development Code of 2013, as amended ("LUDC"), Owner wishes to enter into this SIA with the
BOCC.
4. Owner has agreed to execute and deliver security in a form satisfactory to the BOCC
to secure and guarantee Owner's performance under this Agreement and has agreed to certain
restrictions and conditions regarding the sale of properties and issuance of building permits and
certificates of occupancy within the subdivision as more fully set forth below.
5. Owner represents that at the time of recording this SIA all taxes and assessments
upon all parcels of real estate described in the Final Plat 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. Final Plat Approval. The BOCC hereby accepts and approves the Final Plat of the
Subdivision, on the date set forth above, subject to the terms and conditions of this SIA, the
Preliminary Plan Approval, and the requirements of the LUDC and any other governmental or quasi -
governmental regulations applicable to the Subdivision ("Final Plat Approval"). Recording of the
Final Plat in the records of the Garfield County Clerk and Recorder shall be in accordance with this
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SIA and at the time prescribed herein.
2. Owner's Performance as to Subdivision Improvements.
a. Completion Date/Substantial Compliance_ Except as otherwise provided in this SIA,
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 the 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 second full year following execution of this SIA
("Completion Date"), in substantial compliance with the following:
i. Plans marked "Approved for Construction" for all Subdivision Improvements
prepared by Roaring Fork Engineering and submitted to the BOCC on
� M 0 F 02, such plans being summarized in the list of drawings
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;
ii. All requirements of the Preliminary Plan Approval;
iii. All laws, regulations, orders, resolutions and requirements of the County and
all special districts and any other governmental entity or quasi -governmental
authority with jurisdiction; and
iv. The provisions of this SIA and all other documentation required to be
submitted along with the Final Plat under pertinent sections of the LUDC (Final
Plat Documents).
b. Satisfaction of Subdivision Improvements Provisions. The BOCC agrees that if all
Subdivision Improvements are constructed and installed in accordance with this
paragraph 2; the record drawings have been submitted upon completion of the
Subdivision Improvements, as detailed in paragraph 3(h), below; and all other
requirements of this SIA have been met, then the Owner shall be deemed to have
satisfied all terms and conditions of the Preliminary Plan Approval, the Final Plat
Documents and the LUDC, with respect to the installation of Subdivision Improvements.
3. Security For Subdivision Improvements (Except Re -Vegetation).
a. Subdivision Improvements Security 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 Final Plat of
the Subdivision, a form of security deemed adequate by the BOCC and payable to the
County, attached to and incorporated in this SIA by reference as Exhibit C ("Security").
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The Security shall be in an amount equal to the estimate of the cost to complete the
Subdivision Improvements, plus an additional ten percent (10%) of the total for
contingencies, as set forth and certified by Owner's professional engineer licensed in the
State of Colorado on the attached Exhibit B (collectively, the "Cost Estimate"). The
Security shall be valid for a minimum of six (6) months beyond the Completion Date (the
"Expiration Date").
b. Security Requirements and Plat Recording. The Final Plat of the Subdivision shall
not be recorded until the Security has been received by the County and approved by the
BOCC.
c. Extension of Expiration Date. If the Completion Date is extended by a written
amendment to this SIA, the time period for the validity of the Security shall be similarly
extended by the Owner. For each individual extension that is in excess of six (6) months,
at the sole option of the BOCC, the cost of completion of the remaining Subdivision
Improvements shall be subject to re -certification by Owner's engineer and review by the
BOCC. To the extent the cost of completion of the Subdivision Improvements, plus an
additional ten percent (10%) of such cost for contingencies, differs from the face amount
of the remaining Security, the amount of such Security shall be adjusted upwards or
downwards, as appropriate.
d. Unenforceable Security. Should the Security expire or become void or
unenforceable for any reason prior to the BOCC's approval of Owner's engineer's
certification of completion of the Subdivision Improvements, including bankruptcy of the
Owner or the financial institution issuing or confirming the Security, this SIA shall be
voidable by action of the BOCC and, upon such action, this SIA shall be of no further
force and effect and the Final Plat shall be vacated pursuant to the terms of this SIA.
e. Partial Releases of Security. Owner may request partial releases of the Security, and
shall do so by means of submission to the Community Development Department of a
"Written Request for Partial Release of Security," 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 all Final Plat Documents and the applicable provisions of the
Preliminary Plan. The BOCC shall authorize successive releases of portions of the face
amount of the Security as portions of the Subdivision Improvements are certified as
complete in the manner set forth in this subparagraph 3.e and to the satisfaction of the
BOCC.
f. BOCC's Investigation. Notwithstanding the foregoing, upon submission of the
Owner's Written Request for Partial Release of Security, along with Owner's engineer's
certificate of partial completion of improvements, the BOCC may review the certification
and the Preliminary PIan, 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:
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i. If no letter of potential deficiency or determination that applicable
requirements of the Preliminary Plan have not been satisfied is furnished to Owner
by the BOCC within fifteen (15) business days of submission of Owner's Written
Request for Partial Release of Security, accompanied by Owner's engineer's
certificate of partial completion of improvements, all Subdivision Improvements
certified as complete shall be deemed approved by the BOCC, and the BOCC shall,
within ten (10) business days of such improvements being deemed complete, release
the appropriate amount of Security.
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 applicable requirements of the Preliminary Plan 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 Security.
iii. 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 Preliminary Plan that are applicable to the subject
improvements, 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 as not meeting all applicable
requirements of the Preliminary Plan, the BOCC shall have fifteen (15) business 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
and in compliance with the relevant specifications and that all applicable
requirements of the Preliminary Plan have been met, then the appropriate amount of
Security shall be released within ten (10) business days after completion of such
investigation.
g. BOCC Completion oflinprovements and Other Remedies. If the BOCC finds, within
the fifteen (15) day period of time defined in Subparagraph 3.£iv. above, that the
Subdivision Improvements are not complete, or if the BOCC determines that the Owner will
not or cannot construct any or all of the Subdivision Improvements (whether or not owner
has submitted a written request for release of Security), or that applicable requirements of the
Preliminary Plan will not or cannot be met, the BOCC may withdraw and employ from the
Security such funds as may be necessary to construct the Subdivision Improvements in
accordance with the specifications or to satisfy the Preliminary Plan requirements applicable
to the Subdivision, up to the remaining face amount of the Security. In such event, the
BOCC shall make a written finding regarding Owner's failure to comply with this SIA or
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applicable requirements of the Preliminary Plan prior to requesting payment from the
Security, in accordance with the provisions of Section 13-106 of the LUDC. In lieu of or in
addition to drawing on the Security, 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 Preliminary Plan applicable to this
Subdivision.
h. Final Release of Security. Upon completion of all Subdivision Improvements and
requirements of the Preliminary Plan applicable to the Subdivision, Owner shall submit to
the BOCC, through the Community Development Department: 1) record drawings bearing
the stamp of Owner's engineer certifying that all Subdivision Improvements, including off -
site improvements within the jurisdiction of the County, have been constructed in accordance
with the requirements of this SW including all Final Plat Documents and applicable
requirements of the Preliminary Plan, in hard copy and digital format acceptable to the
BOCC; 2) copies of instruments conveying real property and other interests which Owner is
obligated to convey to the property owners' association of the Subdivision (the "POA") or
any statutory special district or other entity; and 3) a Written Request for Final Release of
Security, in the form attached to and incorporated herein as Exhibit E, along with Owner's
engineer's stamp and certificate of final completion of the Subdivision Improvements. Upon
receipt of the foregoing, the BOCC shall take the following action:
i. The BOCC shall authorize a final release of the Security after the
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 Preliminary Plan applicable to the
Subdivision have been satisfied, the BOCC shall release the final amount of the
Security within ten (10) business days following submission of the Owner's Written
Request for Final Release of Security accompanied by the other documents required
by this Paragraph 3.h.
ii. Notwithstanding the foregoing, upon Owner's Written Request for
Final Release of Security, accompanied by Owner's engineer's certificate of final
completion of improvements, the BOCC may inspect and review the Subdivision
Improvements certified as complete. If the BOCC does so review and inspect, the
process contained in paragraph 31 above, shall be followed. If, following such
inspection, the BOCC finds that the Subdivision Improvements are complete, in
accordance with the relevant specifications, and that all requirements of the
Preliminary Plan applicable to the Subdivision have been satisfied, the BOCC shall
release the final amount of the Security within ten (10) days after completion of such
investigation.
iii. If, following the inspection contained in paragraph 311 the BOCC
finds that the Subdivision Improvements are not complete, in accordance with the
relevant specifications, and/or that requirements of the Preliminary Plan applicable to
the Subdivision have not been satisfied, the BOCC may complete the remaining
Subdivision Improvements and satisfy the applicable requirements of the Preliminary
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Plan, or institute court action in accordance with the process outlined inparagraph
3.g. above; provided, however, that such action may only be taken by the BOCC if
the BOCC determines in its reasonable discretion that the subject Subdivision
Improvements will not or cannot be satisfactorily completed on or before the
Completion Date and, provided further, that the BOCC shall provide Owner an
opportunity to cure any identified deficiency(ies) or violations, as set forth in
paraaranh 12 below, prior to initiating any of the self-help remedies described herein,
including, without limitation, commencing work on the Subdivision Improvements,
requesting payment from the Security, initiating the foreclosure proceedings set forth
in Section 13-106 of the LUDC, or filing a civil action.
4. Security for Revegetation.
a. Revegetation of disturbed areas in the Subdivision, the costs for which is
detailed as a subdivision improvement in Exhibit B, is included in the overall security for the
subdivision, incorporated into this agreement as Exhibit C (`Security'). The portion of that
Letter of Credit (LOC) relating to revegetation shall be valid for a minimum oftwo (2) years
following recording of the Final Plat.
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, plat recording and plat vacating shall apply to the
Revegetation portion of the 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 revegetation/reclamation plan.titled "Revegetation and Erosion
Control Plan" and dated 05/20/22 for the Subdivision submitted for Preliminary Plan
Approval. If the Vegetation Management Department refuses approval and provides written
notice of deficiency(ies), the Owner shall cure such deficiency(ies) by further rcvegetation
efforts, approved by the Vegetation Management Department, as such efforts may be
instituted within the two (2) years following recording of the Final Plat.
d. Single Requestfor Release ofRevegetation 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
Community Development Department, of a Written Request for Release of Revegetation
LOC, in the form 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 portion of the 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
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survive final release of the LOC securing other Subdivision Improvements, 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 LOC such funds as may be necessary to carry
out the revegetation work, up to the face amount of the Revegetation portion of the Cost
Estimate. 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 fling a civil action.
5. Supply and Wastewater Collection. As stated in paragraph 13, 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 a wastewater/sewer
collection system 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 system(s) and wastewater collection system shall be as shown on the Final Plat. Owner
shall deposit with the Garfield County Clerk and Recorder executed originals of the instruments of
conveyance for easements appurtenant to the water and wastewater system(s), for recordation
following recording of the Final Plat and this SIA. All facilities and equipment contained within the
water supply and wastewater collection system(s) shall be transferred by Owner to the Homeowner's
Association of the Special District(s) by bill of sale. If a third party water or sewer 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 roads within the Subdivision shall be dedicated by the Owner to
the public as public rights -of -way and shall be accepted by the BOCC, on behalf of the public, on the
face of the Final Plat. The Homeowner's Association of the Subdivision shall be solely responsible
for the maintenance, repair and upkeep of said rights -of -way, including the traveled surface of the
roadways and portions of the rights -of -way outside of the traveled surface. The BOCC shall not be
obligated to maintain any road rights -of -way within the Subdivision.
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 rights -of -way for installation
and maintenance of utilities. Public utility easements shall be dedicated by the Owner to the public
utilities on the face of the Final Plat, 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. 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 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 dedicated on the face of the Final
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Plat by separate document, Owner shall execute and record the required conveyance documents.
8. Conveyance of Open Space. The open space parcel(s) identified on the Final Plat of
the Subdivision shall be conveyed by Owner to the Homeowner's Association at the time of Final
Plat Approval. Owner shall deposit with the Garfield County Clerk and Recorder executed
original(s) of the instrument(s) of conveyance for recordation following recording of the Final Plat
and this SIA.
9. Indemni1y. The Owner shall indemnify and hold the BOCC harmless and defend the
BOCC from all claims which may arise as a result of the Owner's installation of the 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 the cause of the injury asserted, or from claims which may arise from the negligent acts
or omissions of the BOCC or its employees. The BOCC shall 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 governmental immunity granted to the BOCC by Colorado
statutes and case law.
10. Road Impact Fee. Road impact fees will be paid in accordance with the Garfield
County Land Use and Development Code (LUDC) as amended. Road impact fees will be due at the
time of building permit application.
11. Fees in Lieu of Dedication of School Land. This parcel was originally dedicated to
Grand Valley School District 16 at the time of its creation. The school district subsequently deeded
the property back to a private owner, and the deed restriction on this parcel has been removed.
Because of this history there will be no fee in lieu of land dedication for the subdivision of this
parcel.
12. Sale of Lots. No lots, tracts, or parcels within the Subdivision may be separately
conveyed prior to recording of the Final Plat in the records of the Garfield County Clerk and
Recorder.
13. Building Permits and Certificates of Occupancy. As one remedy for breach of this
SIA, 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 Grand Valley Fire Protection District (District), if
the Fire 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 been completed and are
operational as required by this SIA.
14. Consent to Vacate Plat. In the event the Owner fails to comply with the terms of this
SIA, the BOCC shall have the ability to vacate the Final Plat as it pertains to any lots for which
building permits have not been issued. As to lots for which building permits have been issued, the
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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
Final 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 Final Plat, or portions
thereof, by resolution.
15. Enforcement. In addition to any rights provided by Colorado statute, the withholding
of building permits and certificates of occupancy, provided for in paragraph 13, above, the
provisions for release of Security, detailed in paragraph 3, above, and the provisions for plat
vacation, detailed in paragraph 14, 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 Final 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.
16. 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 SIA.
17. Successors and Assigns. The obligations and rights contained herein shall be binding
upon and inure to the benefit of the successors and assigns of the Owner and the BOCC
18. 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:
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Owner: Halfmoon Village LLC
2399 46 V2 Road
DeBeque, CO 91630
Phone: (719) 310-343 8
w/copy to,:
NAM c/o Chad J. Lee, Esq.
901 Grand Ave., Suite 201
Glenwood Springs, CO 81601
chad@jvamlaw.com
Garfield County Board of County Commissioners
BOCC: Attn: Community Development Director
108 Eighth Street, Suite 401
Glenwood Springs, Colorado 81601•
Phone: (970) 945-8212
Fax: (970) 384-3470
19. 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.
20. Countemarts. 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 same
instrument.
21. Venue and Jurisdiction. Venue and jurisdiction for any cause arising out of or related
to this SIA 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.
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22. IN WITNESS WHEREOF, the Parties have signed this SIA to be effective upon the
date of Final Plat Approval for the Subdivision.
BOARD OF COUNTY COMMISSIONERS
ATTEST:
LM
Date:
UNTY, COLORADO
HA;ammie
OON VILLAGE LLC
y: n
VanDeusen, its Manager
Date: �CU�k RCS
STATE OF COLORADO )
)ss.
COUNTY OF GARFIELD )
Subscribed and sworn to before me by Tammie VanDeusen, Manager of Halfmoon Village
LLC, Owner of the Subdivision, this (�)''`— day of -A6&m I , 2023.
Lj
WITNESS my hand and official seal.
My commission expires: / t / Dk/ '1a2S7
Notary Public
DANIEL T. MEDINA
NOTARY PUBLIC - STATE OF COLORADO
NOTARY ID 20174046271
MY COMMISSION EXPIRES NOV 8, 20Z5
11
■ilI ��r�Q,4�Y�� W1�li�`�M� �I �w4,�k� 11111
Reception#: 989299
09l0612023 11:36:25 AM SacklYn K. Harmon
i2 of 24 Rec Fee:$0.00 Doc Fee:0.0Q GARFIELD COUNTY CO
EXHIBIT B
ESTIMATE OF COST OF
COMPLETION
Subdivision Improvments Agreement Half Moon Subdivision By: Daniel Stewart, PE
Date: May 11, 2023 Battlement Mesa, CO Roaring Fork Engineering
CIVIL CONSTRUCTION
SCHEDULE
'-"TRACT
9 NO.
CDnT
REFERENCE NO.
CONTRACT ITEM
UNIT
QUANTITY
UNIT COST
TOTAL COST
1
201-00000
CLEARING AND GRUBBING
L S
1
$5,000.00
$5,000.00
2
202-00200
REMOVAL OF SIDEWALK
SY
13
$25.00
$325.00
3
202-00220
REMOVAL OF ASPHALT MAT
SY
135
$8.00
$1,080.00
4
202-00240
REMOVAL OF ASPHALT MAT (PLANING)(2 INCH)
SY
82
$2.00
$164.00
5
202-05008
REMOVE CURB & GUTTER
LF
202
$12.00
$2,424.00
6
202-05022
SAWING ASPHALT MATERIAL (2 INCH)
LF
281
$5.00
$1,405.00
7
202-05026
SAWING ASPHALT MATERIAL (6 INCH)
LF
305
$B.00
$2,440.00
8
203-00010
UNCLASSIFIED EXCAVATION (COMPLETE IN PLACE)
CY
19830
$7.00
$138,460.00
9
203-00011
BOULDER EXCAVATION (121NCH PLUS)
CY
8500
$10.00
$84,500.00
10
203-00041
TRENCH (SPECIAL) (COMMON UTILITYTRENCH)
LF
2601
$5.00
$13,005.00
11
203-00043
GAS LINE (TRENCH & BACKFILL)
LF
3835
$5.00
$19,175.00
12
203-00060
EMBANKMENT MATERIAL (COMPLETE IN PLACE)
CY
16614
$7.00
$116,298.00
13
203-00061
BOULDER PLACEMENT
CY
8500
$10.00
$85,000.00
14
207-00210
STOCKPILE TOPSOIL
CY
8500
$5.00
$42,500.00
15
208-00012
EROSION LOG TYPE 1(9 INCH)
LF
2437
$4.00
$9,748.00
16
208-00045
CONCRETE WASHOUT STRUCTURE
EACH
1
$500.00
$500.00
17
208-00056
STORM DRAIN INLET PROTECTION (TYPE III)
EACH
23
$150.00
$3,450.00
18
208-00070
VEHICLE TRACKING PAD
EACH
2
$1,000.00
$2,000.00
19
304-06007
AGGREGATE BASE COURSE (CLASS 6)
CY
1716
$6&00
$112,608.00
20
403-34721
HOT MIX ASPHALT (GRADING SX) (75) (PG 58-28)
TON
1736
$120.00
$208,32.0.00
1
420-00133
GEOTEXTILE (SEPARATOR) (CLASS 2)
SY
243
$4.50
$1,093.50
.2
504.03411
RETAINING WALL (BOULDER)
SF
1687
$10.00
$16,870.00
23
603.01155
151nch HDPE
LF
1540
$50.00
$77,000.00
24
603.01240
24 Inch HDPE
LF
452
$65.00
$29,380.00
25
603.01300
30Inch HDPE
LF
128
$80.00
$10,240.00
26
603-05015
151NCH END SECTION
EA
1
$900.00
$900.00
27
603-05030
301NCH ENDSECTION
EA
2
$1,200.00
$2,400.00
28
603-50005
SEWER SERVICE
EACH
48
$600.00
$28,800.00
29
603-83008
8 INCH SEWER PIPE (SDR 35)
LF
2063
$30.CO
$61,890.00
30
604-20003
OUTLET STRUCTURE (SPECIAL) (WEIR)
EACH
1
$3,200,00
$1,200.00
31
604-39001
MANHOLE SPECIAL (STORM DRAIN)(CURB INLET)
EACH
27
$3,500.00
$94,S00.00
32
604-39002
MANHOLE SPECIAL (STORM DRAIN)(CONICAL RIM)
EACH
2
$3,500.00
$7,000.00
33
604-39010
MANHOLE5PECIAL (SANITARYSEWER)
EACH
20
$6,500.00
$130,000.00
34
607-11455
FENCE WOOD
LF
1776
$17.00
$30,192.00
35
609-21008
MONOLITHIC SW W/ MOUNTNBALE C&G
LF
3892
$35.00
$136,220.00
36
613-00200
2 INCH ELECTRICAL Co N D U IT
LF
1100
$7.50
$6,427.50
37
613-00400
4 INCH ELECTRICAL CONDUIT
LF
5094
$12.00
$61,128.00
38
613-00400
4 INCH ELECTRICAL CONDUIT (FIBER)
LF
7641
$12.00
$91,692.00
39
613-06001
ELECTRIC METER (STREET LIGHTS)
EACH
2
$2,000.00
$4,000.00
40
613-10000
WIRING
LS
1
$25,000.00
$25,000.00
41
613.13000
LUMINAIRE (LED)
EACH
6
$750.00
$4,500.00
.i
613-32250
LIGHT STANDARD STEEL
EACH
6
$2,000.00
$12,000.00
{
613-40010
LIGHT STANDARD FOUNDATION
EACH
6
$3,000.00
$18,000.00
44
613-50350
POWER TRANSFORMER & VAULT (SINGLE PHASE)(INSTALL ONLY) I
EACH
8 1
$1,200.00
$9,600.00
milt
Reception#: 989299
09/06/2023 11:36:25 AM Jacklyn K. Harmon
13 of 24 Rec Fee:$0,00 Doc Fee:0.00 GARFIELD COUNTY CO
Page 1
Subdivision improvments Agreement Half Moon Subdivision By: Daniel Stewart, PE
Date: May 11, 2023 Battlement Mesa, CO Roaring Fork Engineering
CONTRACT
ITEM NO.
CD07
REFERENCE NO.
CONTRACT ITEM
UNIT
QUANTITY
UNIT COST
TOTAL COST
,15
613-81000
PANELBOARD (STREET LIGHTS)
EACH
2
$900.00
$1,800.00
46
614-00011
SIGN PANEL (CLASS I)
SF
16
$30.00
$480.00
47
614-01503
STEELSIGNSUPPORT (2-INCHROUND)(POSTAND SOCKET)
EACH
4
$250.00
$1,000.00
48
619-00002
WATER SERVICE
EACH
48
$500.00
$24,000.00
49
619-00007
CONNECT TO EXISTING WATERLINE
EACH
2
$4,000.00
$8,000.00
50
619-06060
6 INCH WATERLINE (C90D)
LF
76
$50.00
$3,800.00
51
619-06120
8 INCH WATERLINE (C900)
LF
2018
$100.00
$201,800.00
52
619-78048
6 INCH FIRE HYDRANT
EACH
5
$6,500.OD
$32,50D.00
53
620-00020
SANITARY FACILITY
EACH
1
$2,000.00
$2,000,00
54
625-00000
CONSTRUCTION SURVEYING
LS
1
$30,000.00
$30,000.00
55
626-00000
MOBILIZATION
L S
1
$15,000.001
$15,000.00
EOPC: $2,028,815.00
Contingency 10%: $202,881.50
Total: $2,231,696.50
REVEGETATION SCHEDULE
CONTRACT
CDOT
CONTRACT ITEM
UNIT
QUANTITY
UNIT COST
TOTAL COST
ITEM NO.
REFERENCE NO.
1
212-00707
SEEDING (NATIVE) HYDRAULIC
SY
35,500
2.25
$79,875.00
2 1212-01201
LANDSCAPING (VEGETATION, IRRIGATION, PERMANENT GROUND COVER)
U5
1
1$117,460.001
$117,460.00
EOPC: $197,335.00
Contingency 10%: $19,733.50
Total: $217,068.50
mill
Reception: 989299
D9/06I2023 11:36:25 AM Jacklyn K. Harman
14 of 24 Rec Fee:$0.00 Doc Feec0.00 GARFIELD COUNTY CO
Page 2
i
mill WIT1,1719,11lG41191WAWYNN110,11111
Reception#: 989299
09106I2023 11:36:25 AM Jacklyn K. Harmon
15 of 24 Roo Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO
EXHIBIT C
SECURITY
■11114��.r��hl'�ul�Sl�Li�'�1��N11�ti�r��lL�rti�'1��f��li�k �i �Il
Rece tion#• 989299
:36:25 ANn K. Harmon
Alpine ant 16�of�242Rec1
Fee:$0.00 DoccklFee:0.00 GARFIELD COUNTY Co
IRREVOCABLE STANDBY LETTER OF CREDIT
Date of Issue: August 30, 2023
Amount: $2,448,765.00
Number: 1800002436
Expiration Date: August 30, 2024
APPLICANT: Halfmoon Village LLC
BENEFICIARY: County of Garfield, Colorado
108 8th Street Suite 10
Glenwood Springs, CO 81601
PURPOSE: Guarantee Site Development Improvements
To Whom It May Concern:
We hereby establish in Beneficiary's favor, at the requOst and for the benefit of Applicant, our
Irrevocable Standby Letterof Credit in an amount not toexceed$2,448,765.00 (U.S. $2,448,765.00). The
purpose of this letter is to secure the performance of and the compliance with Agreement, by and
between, Applicant and Beneficiary.
Beneficiary shall promptly notify Bank when a default or event of default of said agreement occurs. Your
notification shall include any notice or order required to be sent to Applicant pursuant to the
agreement. Notice shall be by telephone and in writing to:
Alpine Bank Battlement Mesa
Attention: Larry Stewart
100 E. 41h Street
Rifle, CO 81650
970-625-7277
We hereby agree to honor drafts drawn under and in compliance with the terms of this Letter of Credit
if duly presented to a loan officer at 100 E. 4ch Street, Rifle, Colorado during normal business hours on or
before the expiration date. Partial drawings are permitted. This Letter of Credit is not transferable.
The conditions for payment of any draft drawn against this Letter of Credit are as follows:
1. Receipt by Bank of Beneficiary's manually signed statement by an authorized signatory certifying that
Applicant has failed to perform with, or comply in accordance with, the provisions of said agreement by
and between Applicant and Beneficiary and stating the dollar amount of the default.
www.alpinebank.com
■III NFjFA1IrMZi"URA 110W.11014iIAL), gill I
Reception#' 989299
2 K. 11:36:25 arman
AM
DoccFee 0.00HGARFIELD COUNTY Co
Mpine Bank
2. Presentation of the original Letter of Credit to Bank, endorsed on the reverse side with the words:
"County of Garfield, Colorado" in the amount requested" then manually signed by an authorized
signatory.
This Letter of Credit shall be governed by Article V of the Uniform Commercial Code as in effect in the
State of Colorado on the date of issue. This fetter of Credit sets forth in full the terms of our
undertaking, and such undertaking shall not in any way be modified, amended, amplified or limited by
any document, instrument or agreement referred to herein, or in which this credit is referred to, or to
which this credit relates; and no such reference shall be deemed to incorporate herein by reference any
such document, instrument or agreement.
ALPINE BANK
B
2
Larry Stewa rt, Senior Vice President/Manager
www,alpinebank.com
•i.A arin�nii�n A..rc�..�rnsr
■III F.FF IJI >'xAb uffivixi-M11ki, 11111
Reception#: 989299
09/06/2023 11:36:26 RM JackI n K. Harmon
18 of 24 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO
EXHIBIT D
WRITTEN REQUEST FOR
PARTIAL RELEASE OF
SECURITY
■M WAWA 11W"WAIA5�101011HU AL411I 111
Reception#: 989299
09/06/2023 11:36:25 AM JacklYn K. Harmon
19 of 24 Rec Feeo$0.00 Doc Fee:0.00 GARFIELD COUNTY CO
REQUEST FOR PARTIAL RELEASE OF LETTER OF CREDIT
Board of County Commissioners
Garfield County, Colorado
c/o Director of Community Development
108 8th Street, Suite 401
Glenwood Springs, CO 81601
RE: Subdivision
This request is written to formally notify the BOCC of work completed for
Subdivision. As 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 certified original cost estimate and work completed schedule, showing:
Engineers Cost Estimate
Work Completed, less 10%
Reduced Face Amount of LOC
Based on periodic observation and testing, the construction has been completed, to date, in accordance
with the intent of the plans and specifications that were reviewed and approved by the BOCC's
representatives and referenced in Paragraph 2 of the Subdivision Improvements Agreement between
the BOCC and the Owner.
If further information is needed, please contact , at
Owner
or
Owner's Representative/Engineer
■1!I �V�.r��iM��1��`��f��iK��i��iti'��i`��lti��Itif�rY�v� ■i II
Reception#: 989299
09/06/2023 11:36:25 AM Jaclyn K. Harmon
20 of 24 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO
EXHIBIT E
WRITTEN REQUEST FOR
FINAL RELEASE OF
SECURITY
mill WAWA IA." w��1'>>�+Y��ti>~�f� �[���Is ��;l�'k��W���, ®l 11
Reception#: 989299
09/06/2023 11:36:25 AM Jacklyn K. Harmon
21 of 24 Rec Fee:$0.00 Doc Fee:0.00 GARFTELD COUNTY CO
REQUEST FOR FINAL RELEASE OF LETTER OF CREDIT
Board of County Commissioners
Garfield County, Colorado
c/o Director of Building and Planning
108 Bch Street, Suite 401
Glenwood Springs, CO 81601
RE: Subdivision
This request is written to formally notify the BOCC of work completed for
Subdivision. As Owner, we request that the BOCC review the attached Engineer's Certificate of
Completion and approve a full release of the Letter of Credit in the amount of $
Attached is the certified original cost estimate and work completed schedule, showing that all
improvements required by the Improvements Agreement and secured by the Letter of Credit have been
completed.
Also enclosed are the following, required by the Subdivision Improvements Agreement dated
between Owner and the BOCC, recorded at Reception No. at the Real Estate Records of
the Garfield County Clerk and Recorder (the "SIA"):
1. record drawings bearing the stamp of Owner's Engineer certifying that all improvements have
been constructed in accordance with the requirements of the IA, both in hand copy and digital
format acceptable to the BOCC; and
2. copies of instruments conveying real property and other interests which Owner was obligated to
convey to the homeowner's association or other entity at the time of final Plat Approval.
If further information is needed, please contact , at
Owner
or
Owner's Representative/Engineer
oil] 10FINIVIKUhul�49.,116 4M16Orlb 11111
Reception#: 989299
09/06/2023 11:36:25 AM Jacklyn K. Harmon
22 of 24 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO
EXHIBIT F
WRITTEN REQUEST FOR
FINAL RELEASE OF
REVEGETATION SECURITY
Reception#: 989299
09/06/2023 11:36:25 AM Jacklyn K, Harman
23 of 24 Rec Fee:$0,00 Doc Fee:0.00 GARFIELD COUNTY CO
REQUEST FOR FINAL RELEASE OF REVEGETATION LETTER OF CREDIT
Board of County Commissioners
Garfield County, Colorado
c/o Director of Building and Planning
108 8th Street, Suite 401
Glenwood Springs, CO 81601
RE: Subdivision
This request is written to formally notify the BOCC that revegetation work is complete for
Subdivision. As Owner, we request that the BOCC review the attached
Engineer's Certificate of Completion and/or written approval from the Garfield County Vegetation
Manager that revegetation is successful and approve a full release of the Revegetation Letter of Credit in
the amount of $
If further information is needed, please contact
Owner
or
Owner's Representative/Engineer
at
■III RIPI I
Reoeptian#: 989299
08/06/2023 11:36725 AM Jacklyn K. Harmon
24 of 24 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY Co
CC& Rs