HomeMy WebLinkAbout1.08 Improvements Agreement & Cost Estimate
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SUBDIVISION IMPROVEMENTS AGREEMENT
FOR
PHASE 2, SPRING VALLEY RANCH SUBDIVISION
LOCATED WITHIN SPRING VALLEY RANCH PUD
THIS SUBDIVISION IMPROVEMENTS AGREEMENT (“SIA”) is made and entered into
this ___ day of _________________, 2022, by and between Spring Valley Holdings LLC, a
Delaware limited liability company (“Owner”) and the BOARD OF COUNTY COMMISSIONERS
OF GARFIELD COUNTY, COLORADO, acting for the County of Garfield (“BOCC”), State of
Colorado, as a body politic and corporate, directly or through its authorized representatives and
agents (“County”).
Recitals
A. Owner is the owner and developer of the Spring Valley Ranch Planned Unit
Development, a portion of which property is depicted on the Spring Valley Ranch P.U.D. and
Subdivision, Phase 2, Final Plat (“Final Plat” or “Subdivision”) recorded on ____________, 2022, at
Reception No. ____________ of the real estate records of Garfield County, Colorado (the
“Records”) and incorporated by this reference. The real property subject to this SIA is known as
Phase 2 and is described on the Final Plat.
B. By Resolution No. 2008-55, recorded in the Records as Reception No. 747015, and
corrected by Resolution No. 2010-38, recorded as Reception No. 786992, the BOCC approved the
Spring Valley Ranch Planned Unit Development (the “SVR PUD”). By Resolution No. 2008-56,
recorded in the Records as Reception No. 747016, the BOCC approved the Preliminary Plan for the
SVR PUD (the “Preliminary Plan”). Among other things, the SVR PUD and the Preliminary Plan
would create up to 577 single-family and multi-family residential units, two golf courses and
numerous open space areas, common areas and utility parcels (the “Project”).
C. Certain of the conditions of approval of the SVR PUD and Preliminary Plan Approval
are applicable to the approval and construction of Phase 2 of the Project as depicted on the Final
Plat, while other conditions of such approvals are applicable to other phases of the Project.
D. 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.
E. 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.
F. 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.
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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 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. Except as otherwise provided in
this SIA, Owner shall cause to be constructed and installed the subdivision improvements,
including off-site 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 any
required revegetation, shall be completed on or before the end of the two full years 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 (“Owner’s Engineer”) and
submitted to the County on _______________, 2022, 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 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 (“Cost Estimate”);
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”).
Notwithstanding anything to the contrary contained in this SIA, the timing requirements and criteria
for substantial completion of the Affordable Housing Units shall be as set forth in paragraph 4
below.
b. Satisfaction of Subdivision Improvements Provisions. The BOCC agrees that
if all Subdivision Improvements are constructed and installed in accordance with this
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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 SVR PUD and Preliminary Plan Approval, the Final Plat Documents and the LUDC,
with respect to the installation of the Phase 2 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 County, on or before the date of recording of the Final Plat of the
Subdivision, a form of security deemed adequate by the County and payable to the County,
attached to and incorporated in this SIA by reference as Exhibit “C” (“Security”). The
Security shall be in an amount equal to 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
County.
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
County. To the extent the Cost Estimate for the 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 County'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 County shall authorize successive releases of
portions of the face amount of the Security as portions of the Subdivision Improvements are
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certified as complete in the manner set forth in this subparagraph 3.e and to the satisfaction
of the County.
f. County'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 County may review the certification
and the Preliminary Plan, 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
County 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 County, and the County shall, within ten
(10) business days of such improvements being deemed complete, release the
appropriate amount of Security.
ii. If the County 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 County 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 County, and the County 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 County shall have fifteen (15) business
days from the date of the letter of potential deficiency 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 County 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. County Completion of Improvements and Other Remedies. If the County
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finds, within the fifteen (15) day period of time defined in subparagraph 3.f.iv. above, that
the Subdivision Improvements are not complete, or if the County 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 County 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 findings regarding Owner's failure to comply
with this SIA or 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 County 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 County, 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 SIA, including all Final Plat Documents and
applicable requirements of the Preliminary Plan, in hard copy and digital format acceptable
to the County; (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 County shall take the following action:
i. The County shall authorize a final release of the Security after the
Subdivision Improvements are certified as final to the County by the Owner's
Engineer and said final certification is approved by the County. If the County 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 County 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 County may inspect and review the Subdivision
Improvements certified as complete. If the County does review and inspect such
Subdivision Improvements, the process contained in paragraph 3.f. above, shall be
followed. If, following such inspection, the County finds that the Subdivision
Improvements are complete, in accordance with the relevant specifications, and that
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all requirements of the Preliminary Plan applicable to the Subdivision have been
satisfied, the County 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 3.f, the County
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 County may complete the remaining
Subdivision Improvements and satisfy the applicable requirements of the Preliminary
Plan, or institute court action in accordance with the process outlined in paragraph
3.g. above; provided, however, that such action may only be taken by the County 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 County shall provide Owner an
opportunity to cure any identified deficiency(ies) or violations, as set forth in
paragraph 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 LUR, or filing a civil action.
4. AFFORDABLE HOUSING. In accordance with Resolution No. 2012-95 and the
Phasing Plan for the Project attached as Exhibit C to such Resolution, the project may provide Work
Force Housing in Phase 4 of the Project and will provide Community Housing Units in Phases in
Phases 5 through 8 of the Project.
5. SECURITY FOR REVEGETATION.
a. Revegetation Security and Substitute Collateral. ______________
($____________) of the face amount of the Security, specified in Paragraph 3.a. 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 Final Plat.
The County, at its sole option may permit the Owner to substitute collateral other than a
Letter of Credit, in a form acceptable to the County, 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, plat recording and plat vacating 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 Records as Reception No. 580572, as amended, and the
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revegetation/reclamation plan titled _____________ and dated _________________ for the
Subdivision submitted as part of the Final Plat Documents. 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 Final 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 County, 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 of the
revegetation, 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 concerning the other
Subdivision Improvements. Further, the Revegetation LOC and the County’s associated
rights to withdraw funds and bring a court action may survive final release of the LOC
securing other Subdivision Improvements, defined in paragraph 3.a., above.
e. County’s Completion of Revegetation and Other Remedies. If Owner’s
revegetation efforts are deemed by the County 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 County 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 County 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.
6. WATER SUPPLY AND WASTEWATER COLLECTION. Prior to issuance by
the County 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, non-potable irrigation water and a
wastewater/sewer collection system in accordance with the 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 Subdivision or to the appropriate Special District(s) by bill of
sale.
7. PUBLIC ROADS. All roads within the Subdivision shall be dedicated by the Owner
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to the Homeowner’s Association subject to public easements for ingress and egress by emergency
service providers. The Landis Creek Metropolitan District No. 1 shall be solely responsible 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 County shall not be obligated
to maintain any road rights-of-way within the Subdivision. Private access easements for the use of
single lots, if any, are depicted as such on the Final Plat.
8. 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 underground 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 of the Records,
as amended. The Homeowner’s Association or Landis Creek Metropolitan District No. 1 shall be
solely responsible for the maintenance, repair and upkeep of said public utility easements. The
County 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 Plat by separate document, Owner
shall execute and record the required conveyance documents.
9. CONVEYANCE OF OPEN SPACE. The common 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.
10. INDEMNITY. The Owner shall indemnify and hold the BOCC harmless and defend
the County from all claims which may arise as a result of the Owner’s installation of the Subdivision
Improvements including off-site improvements and 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 County are improper or the cause of the injury asserted, or from claims which may
arise from the negligent acts or omissions of the County or its employees. The County shall notify
the Owner of receipt by the County of a notice of claim or a notice of intent to sue, and the County
shall afford the Owner the option of defending any such claim or action. Failure to notify and
provide such written option to the Owner shall extinguish the County’s rights under this paragraph.
Nothing in this paragraph shall be construed to constitute a waiver of governmental immunity
granted to the County by Colorado statutes and case law.
11. ROAD IMPACT FEE. No Road Impact Fee is due because of Owner’s obligation
to make improvements to County Road 114 and County Road 115 as described on Exhibit A.
12. FEES IN LIEU OF DEDICATION OF SCHOOL LAND. Owner shall make a
cash deposit in lieu of dedicating land to the _____________ School District, calculated in
accordance with the LUDC and the requirements of state law. The Owner and the County
acknowledge and agree that the cash in lieu payment for the Subdivision is calculated as follows:
Unimproved per acre market value of land, based upon an appraisal submitted to the
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County by Owner, i.e. $_________________; and
Land dedication standard: ____________________ single-family dwelling units x
_____ acres equals ________ acres.]
The Owner, therefore, shall pay to the Garfield County Treasurer, at or prior to the time of
recording of the Final Plat, _______________ ($___________) as a payment in lieu of dedication of
land to the RE-1 School District. Said fee shall be transferred by the County to the school district in
accordance with the provisions of § 30-28-133, C.R.S., as amended, and the LUDC.
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 Final Plat of the Subdivision, a reimbursement of the fee in lieu of land dedication to the RE-1
School District.
13. 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.
14. BUILDING PERMITS AND CERTIFICATES OF OCCUPANCY. As one
remedy for breach of this SIA, the County may withhold issuance of building permits for any
residence or other habitable structure to be constructed within the Subdivision. Further, no
Certificate of Occupancy building permit shall be issued until the Owner demonstrates to the
satisfaction of the County, that there is adequate water available to the construction site for fire
protection purposes. No certificates of occupancy shall issue for any habitable building or structure,
including residences, within the Subdivision until all Subdivision Improvements, including
construction of a new fire station but excluding revegetation, have been completed and are
operational as required by this SIA.
15. 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 Plat shall not be vacated and shall remain valid. In such event, the Owner shall provide
the County 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. It is specifically agreed that this paragraph 15 applies to the
Subdivision as a part of a multi-phased project and, therefore, in the event the BOCC vacates the
Final Plat as to the Subdivision, subject of this SIA, the BOCC may also withhold approval of a
proposed final plat for a future phase, if Subdivision Improvements, including off-site
improvements, and revegetation, covered by this SIA are not completely installed and operable.
16. ENFORCEMENT. In addition to any rights provided by Colorado statute, the
withholding of building permits and certificates of occupancy, provided for in paragraph 14, above,
the provisions for release of Security, detailed in paragraph 3, above, and the provisions for plat
vacation, detailed in paragraph 15, above, it is mutually agreed by the BOCC and the Owner, that the
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BOCC, without making an election of remedies, 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 County.
17. NOTICE BY RECORDATION/RELEASE. This SIA shall be recorded in the
Records 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. This SIA shall terminate upon Owner’s
completion of the Subdivision Improvements and the release by the County of the Security. Upon
such termination, the County, on Owner’s request and at Owner’s expense, shall prepare and provide
to the Owner or the Owner’s successor or assigns, any documents reasonably required in recordable
form to release this SIA.
18. SUCCESSORS AND ASSIGNS. Until released, 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 County.
19. CONTRACT ADMINISTRATION AND NOTICE PROVISIONS. The
representatives of the Owner and the County, 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 County and the
Owner at the address or facsimile number set forth below:
TO OWNER:
Spring Valley Holdings, LLC
Attn: Martin Van Ardenne
Seligman Western Enterprises, Ltd.
One Towne Square, Suite 1913
Southfield, MI 48076
Phone: 248-351-4876
Email: MVanArdenne@SeligmanGroup.com
TO THE COUNTY:
Garfield County Board of County Commissioners
Attn: Community Development Director
108 Eighth Street, Suite 401
Glenwood Springs, CO 81601
Phone: 970.945.8212
Fax: 970.384.3470
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The Parties shall provide notice of any change in the above-referenced information.
20. 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 19,
above, in accordance with the provisions of that paragraph and without formal amendment of this
SIA and without consideration at a BOCC meeting.
21. 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 same
instrument.
22. 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.
[SIGNATURE PAGE FOLLOWS]
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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: OF GARFIELD COUNTY, COLORADO
_________________________ By: ___________________________
Clerk to the Board Chairman
Date: __________________________
OWNER: SPRING VALLEY HOLDINGS LLC,
a Delaware limited liability company
By: ____________________________
________________________________
(Name and Title)
Date: __________________________
STATE OF ____________ )
)ss.
COUNTY OF ___________ )
Subscribed and sworn to before me by Martin Van Ardenne, an authorized representative of
Spring Valley Holdings LLC, a Delaware limited liability company, Owner of the Subdivision, this
___ day of __________________, 2022.
WITNESS my hand and official seal.
My commission expires: ____________________________
_______________________________
Notary Public
EXHIBITS:
A. Engineer’s Construction Drawings
B. Cost Estimate
C. Form of Security
D. Form of Written Request for Partial Release of Security
E. Form of Written Request for Final Release of Security
F. Form of Written Request for Release of Revegetation LOC
592 Highway 133 • Carbondale, CO 81623 • 970.340.4130 • www.rfeng.biz
1 CLEARING AND GRUBBING L S 1 $540,000.00 $540,000.00
3 CONCRETE WASHOUT STRUCTURE EACH 1 $950.00 $950.00
4 GEOTEXTILE (SEPARATOR) (CLASS 2)SY 36853 $4.50 $165,838.50
5 RETAINING WALL (BOULDER)SF 1600 $42.00 $67,200.00
6 RIPRAP (6 INCH)CY 22 $125.00 $2,750.00
7 RIPRAP (12 INCH)CY 35 $145.00 $5,075.00
8 8 INCH SEWER PIPE (SDR 35)LF 18577 $90.00 $1,671,930.00
9 12 INCH SEWER PIPE (SDR 35)LF 5283 $90.00 $475,470.00
10 MANHOLE SPECIAL (10 FOOT) (SANITARY SEWER) EACH 138 $10,500.00 $1,449,000.00
11 CONSTRUCTION SURVEYING L S 1 $540,000.00 $540,000.00
12 MOBILIZATION L S 1 $810,000.00 $810,000.00
13 STRIP TOPSOIL CY 80,000 $8.50 $680,000.00
14 PLACE TOPSOIL CY 64,500 $12.00 $774,000.00
15 EROSION LOG TYPE 1 (12 INCH)LF 45,000 $3.00 $135,000.00
16 ROCK CHECK DAM EACH 750 $100.00 $75,000.00
17 VEHICLE TRACKING PAD EACH 2 $3,750.00 $7,500.00
18 BONDED FIBER MATIX ACRE 78 $3,500.00 $273,000.00
19
SOIL RETENTION BLANKET (STRAW/COCONUT)(BIODEG
CLASS 1)SY 10,000 $3.50 $35,000.00
20 FENCE (PLASTIC)LF 250 $6.00 $1,500.00
21 TRENCH (SPECIAL) (GAS TRENCH)LF 5800 $18.00 $104,400.00
22 12 INCH PLASTIC PIPE (ADS N12)LF 218 $73.00 $15,914.00
23 18 INCH PLASTIC PIPE (ADS N12)LF 960 $83.00 $79,680.00
24 48 INCH PLASTIC PIPE (ADS N12)LF 782 $93.00 $72,726.00
25 4 INCH ELECTRICAL CONDUIT LF 58260 $14.00 $815,640.00
26 4 INCH ELECTRICAL CONDUIT (CABLE)LF 36584 $14.00 $512,176.00
27 6 INCH ELECTRICAL CONDUIT LF 22040 $16.00 $352,640.00
28 ELECTRIC VAULT (6'x5'x6.5) DEEP (INSTALL ONLY) EACH 61 $500.00 $30,500.00
29 ELECTRIC VAULT (7'x9'x7.5') DEEP (INSTALL ONLY) EACH 32 $300.00 $9,600.00
30 REMOVAL OF PIPE (SPECIAL) (CULVERT)LF 80 $35.00 $2,800.00
31 REMOVAL OF ASPHALT MAT SY 850 $12.00 $10,200.00
32 REMOVAL OF ASPHALT MAT (PLANING)(2 INCH) SY 46 $35.00 $1,610.00
33 SAWING ASPHALT MATERIAL (2 INCH)LF 210 $5.00 $1,050.00
34 SAWING ASPHALT MATERIAL (6 INCH)LF 90 $8.00 $720.00
35 OBLITERATE OLD ROAD LS 1 $252,990.00 $252,990.00
36 UNCLASSIFIED EXCAVATION (COMPLETE IN PLACE) CY 63193 $12.00 $758,316.00
37 TRENCH (SPECIAL) (GAS TRENCH)LF 7235 $45.00 $325,575.00
38 EMBANKMENT MATERIAL (COMPLETE IN PLACE) CY 49401 $15.00 $741,015.00
ITEM
NO.
CONTRACT ITEM UNIT QUANTITY UNIT COST TOTAL COST
ITEM
NO.
CONTRACT ITEM UNIT QUANTITY UNIT COST TOTAL COST
39 AGGREGATE BASE COURSE (CLASS 6)CY 31155 $55.00 $1,713,525.00
40 HOT MIX ASPHALT (GRADING SX) (75) (PG 58‐28) TON 21886 $150.00 $3,282,900.00
41 RETAINING WALL (REDI ROCK WALL) (GRAVITY)SF 8844 $100.00 $884,400.00
42 RETAINING WALL (REDI ROCK WALL) (MSE)SF 12388 $101.00 $1,251,188.00
43 18 INCH PLASTIC PIPE (ADS N12)LF 1307 $90.00 $117,630.00
44 12 INCH PLASTIC PIPE (ADS N12)LF 277 $80.00 $22,160.00
45 36 INCH PLASTIC PIPE (ADS N12)LF 120 $115.00 $13,800.00
46 48 INCH PLASTIC PIPE (ADS N12)LF 255 $125.00 $31,875.00
47 TYPE C INLET EACH 4 $3,500.00 $14,000.00
48 TYPE D INLET EACH 1 $4,500.00 $4,500.00
49 GUARDRAIL TYPE 3 (6‐3)LF 3833 $35.00 $134,155.00
50 END ANCHORAGE (SPECIAL)EACH 12 $2,500.00 $30,000.00
51 SIGN PANEL (CLASS I)SF 44 $150.00 $6,600.00
52
STEEL SIGN SUPPORT (2‐INCH ROUND)(POST AND
SOCKET)EACH 11 $250.00 $2,750.00
53 FIELD OFFICE (CLASS 1)EACH 1 $10,900.00 $10,900.00
54 SANITARY FACILITY EACH 3 $2,000.00 $6,000.00
55 EPOXY PAVEMENT MARKING GAL 178 $250.00 $44,500.00
56 4 INCH DUCTILE IRON PIPE LF 36 $125.00 $4,500.00
57 8 INCH DUCTILE IRON PIPE LF 9441 $190.00 $1,793,790.00
58 6 INCH DUCTILE IRON PIPE LF 10448 $175.00 $1,828,400.00
59 12 INCH DUCTILE IRON PIPE LF 15641 $210.00 $3,284,610.00
60 6 INCH FIRE HYDRANT EACH 34 $6,500.00 $221,000.00
61 AIR RELEASE VALVE W/ MH EACH 1 $10,000.00 $10,000.00
62 WELL CONNECTION EACH 2 $3,000.00 $6,000.00
63 WATER TANK EACH 1 $1,500,000.00
$1,500,000.00
64 WELL HOUSE EACH 2 $550,000.00 $1,100,000.00
65 WELL MONITORING EQUIPMENT EACH 5 $3,750.00 $18,750.00
66 CONCRETE CLASS D (WEIR)CY 51 $750.00 $38,250.00
67 STRUCTURAL STEEL LB 3777 $4.00 $15,108.00
68 ENTRANCE GATE EACH 3 $3,000.00 $9,000.00
69 FIRE STATION SF 2137 $500.00 $1,068,500.00
70 TRAFFIC CONTROL LS 1 $610,000.00 $610,000.00
71 CONTIGENCY (10%)LS 1 $3,436,311.00
$3,436,311.00
EOPC Total:$34,311,867.50