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HomeMy WebLinkAbout1.00 General Application Materials_Part2NG8 reatffi RTI'T.FAWI.AK Ittc.19.6 /szo BORING 6 BORING 7 of Qpdg Qsf Qls I tr a,t^ TION Mon-Ploced 1:..\ o Poody Droin. .lr, Alluviol Fon Landslide Oeposit Explorotory Boring Pit Excsvoted for 1996, Job No..19' Spring ' OAK MEADOWS FIUNG . '[sturbed Grourtd rd Irilled for this Study tudy Doted October 9, +zo PIT 6 OSED WATER TREAT}IENT PLANT o .125 ?50 500 APPROXIMATE SCALE Iru TEET 'CONTOUR INTERVAL = 20 FEET NGI PIT 2 I L GEOLOGY MAP AND BORING LOCA NONS J L. .. J r.. ....J iL.tt.)i-.1 f'1 iji -1 I I I I J IolC aFJ Ito g o'o J I 1'l .Do* 00 5 BORlftG 1 ELEV. = 6936' BORING 2 ELEV. = 6981' BORINC 5 ELEV, = 6910' BORING 4 ELEV. = 7013' 30/12 4E/12 5o/12 BORING 5 ELEV. = 6982' fi/12 +F2 -1a.J'F*71LL-tB Pt-2ll5 10 15 20 25 12/6,20/+ WCE11,0 DD=112 tJ/12 WQ=l0,6 -20Oq56 2i/6,1o/o 14112 l$C=21.1 DD=102 22/12 UIC=20.5 DD-108 3s/12 20/12 lllC=16-4 0D-11J -2O0=49 t7/12 ilrFt2.J DD-116 +rF24 -200-.42 26/12 3A/o w/12 37/12 10 15 20 25 5o/ro x E I (o Ol +No OTq! rrioonI#z- otlr,!y _€ 6[ t-oc,a oTl mx-orofr -{on u,oE c)a Tl lO N Note: Explonotion of symbols ls shown on Fig, 4. i- -j r-- r-'1 il::il i:'*- l r*l r**:l i--..] i-*-r r-1 r-:["--l(JlJlJl,i i,r (o o| + f'..)o BORING 6 ELEV. = 7093' BORING 7 ELEV. = 7154! BORING 8 ELEV. = 7018' s/12 BORING 9 ELEV. = 6871' BORING 10 ELEV, = 6879' BORING 11 ELEV. : 6831' 37/12. 21/12 so/3 s+/t2 ffi/11 ''i I,l I t J 0oE t I -rl {D G g oE:' I -n oor'l' 00 5 5o/7 - -2O0=87t ll--48I Pl=51I R-5 8.42 J lilC-15.J DD-lol 20/'2 WU=16.1 DD-11t UC=lO.OOO t5A2 UIC=20.'l OD-|08 te/12 18/12 3E/'t2 5 l0 1s 20 25 lJ/12 IVC-23.5 DD-l 02 UC=4{lO0 41/12. l{,F16.2 DD-llO -lOO=E4 20/5,2tr/o f lF,J,a/o ]ls/8,4l/z e/12 so/t 24|12 1S/12 V'lD=t8.5 DD:l09 LL=42 Pl=$ 10 15 20 25 -n lO L"l roo u7 oTl rrl)<1lron -lon TDonzo a O:Extf=FioOnTl*-fz-6t P=olp -€ 6[ Note: Explonotion of syrnbols ls shown on Fig. 4. -t I i t t, IL. fit I t-:t, IL, t f: I L- LEGEND: E n F'Eil ffi F I TOPSOII-i 'sondy silty clay, orgonic, mEdiurn stiff, meist, block to dork brown. CLAY (CL)r silty, slightly sondy to sondy, scottered grcvel, cobbles ond possiblo boulders, stiff to very stiff/hord, mofst to very moist. pllowish brown to brown, siltstone/sondstone ond bosolt frogments, medium to high plosticity. SAND AND GRA\EL (SC-CC); cloyey, silty, with silty sond (SM) poc*eis, scottered cobbles ond boulders, dense to vary dense, slightly moist to molst, brown to pllowish brown, subongulor to rounded basolt ond eondstone frogments, colcoreous zoncs. Relotivcly undisturbed drive somple; 2-inch l.D. Colifornis liner somple. a,"':' tt ).a Drive'somple blow count; indicotes thot 41 blows of o l4o-pound harnmer folling 30 inches were+tf t1 required to drive the Colifomio or SPT scmpler 12 inches- Drivc sornplei stondord penetrotion test ( SFT ), 1 J/8-inch l,D. split spoon somple, ASTM D - 1586. Procticql rig refusol. Disturbed bulk somple.[r NOTES: 1. Explorotory borings were drilted on Morch 17 ond 18, 1998 with o 4-inch diometer continuous flight powcr ouEer- 2- Locstions of explorotory borings were meosured opproximotely by pocing frorn feotures shown on the site plon provided. 3. Elevotions of explorotory borings were obtoined by interpototion between contours on the site plon provided. Logs ore drown to depth, 4- The explorctory boring locotions ond elevotions should be considered occurote only to the degree implied by the method used. 5. The lines between moteriols shown on the explorotory boring logs represent the opproxlmote boundories between msteriol types ond tronsitions moy be groduol- 6. No free woter wos encountered in the borings at the tirne of drllling or when checked 1 to 2 doyc loter. Fluctuoticn in woter level rnoy occur with time. 7. Loborotory Testing Results: WC-WoterContent(%) DD = Dry Density ( pcf )*4 = Percent retqined on No, 4 sieve. -200 = Percent possing No. 200 sieve. UC : Unconfined Compressive Strength ( psf )LL=UquidLimit(%) Pl = Plosticitylndex ( %) R = Hveem Stobilometer -R" Volue Fig. a196 420 HEPWORTH _ PAWLAK GEOTECHNICAL INC.LEGEND AND NOTES ; f L. I L t- !t-. rf It: T= r t- IIL f- I 4 5 z 0 bq c .9tn orLxtd I co ]Do tu A E'{lo 2 0.1 1.0 10 APPLIED PRESSURE - ksf 10 APPLIED PRESSURE - ksf 100 0 AS c _9oa(, Lo- Eoo 2 3 4 Moisturc Content = 11.0 Dry Density = 112 Somple of: Sandy Silty. Ctoy From: Boring 1 of 4 Feet percent Pcf ( \(\ Note: Somple wos qir dried overnight before wetting. Exponsion upon wetting ) \ Moisture Content : Dry Density : Somple of, Sllty Cloy 21-1 1o2 percent pcf From: Boring 2 oL 3 Feet \-.f-'No movemen' uPon wetting \ 'l ) Fiq. 5SV{ELL_CONSOLIDATION TEST RESULTS196 420 HEPWORTH _ PAWLAK GEOTECHNICAL, INC- o.1 1.0 100 Moisture Csntent - Dry DensitY = Somple of: Silty Cloy 20.3 10E percent pcf From: Boring 2 of I Feet L t \\t Exponsion I uPon wetting 0 z 3 bs C .9oco4xtd I L .el,'lh 0) CL Eoo 0.1 1.0 10 APPLIED PRESSURE - ksf 10 APPLIED PRESSURE - ksf 100 100 0 2 3 bc C .sg,coctxtlJ I c .9lno 0.)Lo. Eo(J Moisture Content - 18.2 DrY DensitY : 110 Somple of; Scndy CloY From: Boring 6 of 9 Feet percent pcf (\ \\ \) Exponsion upon wettlng SWELL-CONSOLIDATION TEST RESULTSHEPWORTH _ PAWLAK GEOTECHNICAL. INC.1s6 420 0.1 1.0 Fig. 6 l L tu -.t: EE r-: t I t--_.; o.1 N c .9oEoo.xtu I co ct thft CL EoLI 0 2 bso 1 2 c .o an ID{) d Eo C) 1.0 1.0 10 APPLIED PRESSURE - ksf 10 APPLIED PRESSURE - ksf 100 Moisture Content : '15.3 Dry DeneitY = 101 Scmple of:Sondy SiltY CloY From: Boring 9 of 4 Feet percent pcf \ I Exponsioir uPon wetting Moisture Content - 18'5 Dry DensitY = 10S Somple cf,SondY SiltY CloY Frorn: Eoring 9 ot 14 Feei percent pcf r+ \ Exponsion uPon wettlng Fig 7SWELL*CONSOLIDATION TEST RESULTSHEFWORTH - PAWLAK GEOTECHNICAL' INC-196 420 0.1 100 0 t t t t t T It_ t TL i_ r-t- L llt f- L t- L : IL- t. L: =t; ; LJ f IL t_ 2 3 + AS L .9og, g)L o_ Eo(J 10 APPUED PRESSURE - ksf Moisture Content : 2O.4 Ory Density Weight - 106 Somple of: Silty Cloy From: Boring 10 of 9 Fcct porcent Pcf -No movement uPon wettins { \\ \ () Fis. I196 420 HEPWORTH _ PAWLAK GEOTECHNICAL, INC.SWELL_CONSOLIDATION TEST RESULTS 0.1 1.0 100 t' I tt -.--{-{-- --l+ +t -++t- +_.+ -+F4F_ AIA| lqJAiE OPEIINGSila ielDllldl .oot .oo2 .000 .m9 .orr .037 .O71 .150 { DIAMETER OF PARNCLES IN MILLIMETERS ,Hn 0 to 20 $cl lrl .oeF I.tlnoE Fz.608 u,7nH s eo loo 00 to o70zn!o o' 50F2 Lrl ,lO c) u.Hro to : ,: r IL. ! ; ! L. r i t. - t- I IL. f- I IL IL r o CI.AY IO 5LT GRA\€L 24 % SAND 34 LIQUID LIMIT % SAMPLE OF: CloYeY Sond with Grovel cm.Es 7E SILT AND CLAY 42 % PLASNCITY INDEX % FROM: Boring 5 ot 4 Feet EEAN $UAiE EEilI*GIu.s. sr llDrfio sEfitei]!rE READINGS 2+Hp. 7 .0dt .0o2 .oG .ilg .os ,o:'? .07+ .150 CIIY TtI slLT DlAMEIE R OF PARTICLES IN MILLIME]ERS t o t00 sa 1A 20 300 IJz.ro <F Ltl 50 e' Fz.80 bJ C) &,m Lrl 4L 80 f{l i:l- I l- l T t_ i-l- t_:t It' 1lr t @ (, 70 z. nEo {L 50F UJ /to(J&Hro 2A lo 0 lt.o co€als 6RA\EL2 % SAND 27 uQulD LIMIT 38 % SAMPLE 0F: SondY SlltY CloY % SILT AND CLAY 71 % PLAS-IICITY INDEX 237O FROM; Boring 5 ot 2 thru 5 Feet GO flS Fiq- 9GRADATION TEST RESULTSHEPWORTH - PAWLAK GEOTECHNICAL, INC.1s6 420 rl*, f:: f-:-l n*Tl [---l t----l f-r f**-l {- .] I t,r I I I I i r r I I r r r r I i r. ! HEPWORTH-PAWLAK GEOTECHNICAL, rr,rc. TABLE I SUMMARY OF LABORATORY TEST RESULTS JOB NO. 196420 SOLOR BEDfiOC(' TYPE Sandy Silty Clay Sandy Silt with Gravel Silty Clay Silty Clay Sand and Glay Clayey Sand with Gravel Sandy Silty Clay Sandy Clay Sandy Clay Sandy Clay Sandy Silty Clay $andy Silty Clay Sandy Clay Silty Clay HVEETI VALUE 5 lrr{corrrFlt{ED @fiPAESSIVE STBflIOTH IPSFI 4000 10,ooo PlASTIC titDp( t%t 23 31 30 UOUID UMTT l"at 3B 46 42 PERC€IIT PASSlNG ilo.200 SIEVE 58 49 42 7 1 84 87 GflAOATION SAIID l96l 34 27 GBAVEL l"6l 24 2 ilATUNAL DFY DEII6lTY lpcll 112 102 108 113 116 102 110 101 109 113 106 ilATUNAL MOlsTUNE COlfIEl'lT l9st 11 .0 1t].8 21.1 20.3 16.4 12.3 23.3 18.2 15.3 18.5 1 E).'l 20.4 SAflPIE TOCATION D€gTh lt.c0 4 9 3 I 18 4 2to5 4 I 2to5 4 14 + g BOMNG 1 2 3 5 6 I 10 Estimated Construction Costs $24,040.00 $2.518.50 $2,169.45 $28.727.95 $19,264.00 $61.644.05 $3,450.00 $74.464.00 )TA BID ITEM NOTA BID ITEM $'t0.865.04 $'t 0,457.60 $19,013.82 s 5.000.00 $4.000.00 s 208.158.50 Estimated Unit Price s 10.00 $7.00 $15.00 SUBTOTAL $50.00 $ 65.00 $ 3,450.00 $80.00 $32.OO $22.OO $40.00 $ 5.000.00 s 4.000.00 SUBTOTAL Oak Meadows PUD - Filing 48 - Phase lll Final Desiqn Construction Cost Estimate Total Estimated Quantities 2404.O0 359.79 144.63 385.28 948.37 1.00 930.80 1697.66 0.00 339.53 475.35 475.35 1.00 1.00 Units LF SY LF LF LF EA LF CY CY CY CY CY EA EA Construction ltem Erosion Gontrol Erosion and Sediment Control: Furnish, lnstall and Maintain throughout Construction - Wire Reinforced Filter Fabric Fence Erosion and Sediment Control: Furnish, lnstall and Maintain throughout Construction - Gravel Reduction Area at Construction Entrances/Exits Erosion and Sediment Control: Furnish, lnstall and Maintain throughout Construction - Filter Socks / Gravel Baq Filters at Drain lnlets Furnish & lnstall 2-inch SDR-11 HDPE Butt-Fusion Welded Low Pressure Sewer Main PrDe Furnish & lnstall 3-inch SDR-1'l HDPE Buft-Fusion Welded Low Pressure Sewer Main Pipe Furnish & lnstall new Gravitv sewer manhole at Connection to Existino Main Furnish & lnstall 1-112-in SDR-1 1 HDPE Low-Pressure Sewer Service lines with tap on main with Wyes, 45' Elbows, 1-112-in HDPE Ball Valves, E-One Lateral Assemblies and all other fittings and for a total of 25 lots. Trench Cut Volume Total Unadiusted Fill Material Trench Rock Excavate(Blastinq\\2Oo/o of excavated trench volumel Larqe Rock Disoosal Trench [28% of excavated trench volumel lmported Beddinq & Backfill [28% of excavated trench volumel Construct Low-Pressure Sewer Main Dual Cleanout including Manhole, Fittings and all Appurtenances Construct Low-Pressure Sewer Main Terminal Cleanout including Manhole, Fittings and all Aoourtenances Item # EC-1 EC-2 EC-3 Sewer is-1 ss-2 SS.3 ss4 NO BID NO BID SS-5 S5-6 SS-7 ss-8 SS-9 sys. P oo o t4I UJ o v,\ ah o oo oo oo,Gto U, Oak Meadows PUD - Filing 4 - Phase ill Prcjec!: o3385-2o2o H:l03385t2020lDesr?n\QuarffeslFiral Construction Quantities - 20230110.xlsx January 10,2023 Gamba and Associabs, Inc. Page 1 of 6 Estimated Construction Costs s 2.290.80 )T A BID ITEM NOT A BID ITEM s 320.71 $449.00 $577.28 $8.964.15 s 't2.601.91 $3,000.00 $17.500.00 $4.000.00 $5"209.20 $16,861.20 $7.144.50 s 2.938.74 OT A BID ITEM NOT A BID ITEM s 1.796.18 $2.514.65 $3.233.12 $64.197.60 Estimated Unit Price $40.00 N $28.00 $28.00 $ 36.00 $7.50 iUBTOTAL $ 3,000.00 $ 3.500.00 $60.00 $75.00 $28.00 $28.00 $36.00 SUBTOTAL Oak Meadows PUD - Filins 48 - Phase lll Final Design Gonstruction Cost Estinrate Total Estimated Quant ties 57.27 57.27 0.00 11"45 16.04 16.04 '195.22 't.00 5.00 1.00 115.76 281.02 95.26 3.92 320.75 0.00 64.15 89.81 89.81 Units CY CY CY CY CY CY LF EA EA EA LF LF LF CY CY CY CY CY CY Gonstruction ltem Channels Excavate Stormwater Drainage Diversion Channel - north of Lots 82 through 85 [1.0' Min. Depth; 3:1 Side Slopers; Length = 241 .2s-'feeli Unadjusted Cut Volume = t7 .27 CY; Unadjusted Fill Volume = 0 C'fl. Dispose of excavated material on-site. Stormwater Dnainaqe Diversion Channel - Unadiusted Cut Volume Stormwater Drainage Diversion Channel - Unadjusted Fill Volume Stormwater Drain6gg Diversion Channel Rock Excavation (Blasting) [Estirnated al20% of excavated volumel Stormwater Drainage Diversion Channel Large Rock Disposal [Estimated at 28% of excavated volumel Stormwater Dminage Diversion Channel lmported Backfill to replace voids left from Large Rock Excavation [2{]% of excavated volumel Maintain and fRestore Existing Abandoned lrrigation Channel located above Lots 66 through 73 for use as Stormwater Channel Drainaqe Structures Furnish & lnstall New 18" Dia. Nyloplast Basin, includinq qrates and covers as specified Furnish & lnstall New 24" Dia. Nvloplast Basin, includinq qrates and covers as sDecified Furnish & lnstiall New 30" Dia- Nvloplast Basin. includinq qrates and covers as soecified Furnish & Instiall 12" Dia. ADS N-12 "WT lB" Storm Drain Pioino Furnish & lnstall 18" Dia. ADS N-12 "WT lB" Storm Drain Pipinq Furnish & lnstiall 24" Dia. ADS N-12 "WT lB" Storm Drain Pipinq Furnish & lnst;all Cast-in-place Concrete lnlet or Outlet Structures Trench Cut Volume Total Unadjuslled Fill Material Storm Sewer -french Rock Excavate (Blastino) tEstiamted at20o/o of excavated trench volumel Storm Sewer -french Excavation Large Rock Disposal [Estiamted at 28% of excavated trench volumel lmported Bedding & Backfill to replace voids left from Large Rock Excavation [28% of excavated trench volumel Item # Drainaqe D-1 NO BID NO BID D-2 D-3 D4 D-5 Drainaqe D-6 D-7 D-8 D-9 D-10 D-11 D-12 NO BID NO BID D-13 D-14 D-15 sys. (, th\ @ oo, G G o s oq Oak Meadows PUD - Filing 4 - Phase ltl Project: 033E5-2O20 H:\03385120201Desr?nlQuantlieslFnal Constructjon Quartfties - 20230110.xlsx January 10, 2023 Gamba and Associates, lnc. Page 2 of 6 Estimated Construction Costs $2.934.80 OTA BID ITEM NOTABID ITEM $4,192.89 $ $2,308.46 $2.975.90 $4.166.25 $16,578.30 $92.123.42 $850.00 $32.972.80 $17.400.00 NOTA BID ITEM )T A BID ITEM $8.115.67 $11,361.94 $14,608.21 $2.500.00 $500.00 $4,000.00 $2.000.00 $12,000.00 $198.432.05 Estimated Unit Price $46.00 l $13.00 $50.00 $18.00 $28.00 $28.00 SUBTOTAL $ 61.00s 850.00 $35.00 $ 5,800.00 $28.00 $28.00 s 36.00 $$ 500.00$ 4.000.00 $ 100.00 SUBTOTAL Final Desiqn Construction Cost Estimate Total Estimated Quantities 63.80 531.41 322.53 20.00% 322.53 0.00 128.25 106.28 148.79 1 510.22 1.00 942.08 3.00 1,449.23 0.00 289.85 405.78 405.78 1.00 1.00 1.00 1.00 120.0a Units LF CY CY CY CY CY CY CY LF EA LF EA CY CY CY CY CY EA EA EA EA LF Gonstruction ltem Detention Basin Detention Pond Outlet Pipes 12" Dia. ADS N-12 "WT lB" Storm Drain Piping wiln 6.5" Orifice Cut in Cap on Primary Outlet Pipe Total Unadiusted Cut Material Estimated Earthwork Shrinkage Rate Compacted Fill from On-Site Excavation lmoort & ComDact Structural Fill I0.2 shrinkage factor applied to on-site excated volumesl Excavate & Dispose of Excess Cut Material [0.2 shrinkage factor applied to on-site excavated volumesl Rock Blasting [207o of excavated Cut volume] Excavate & Dispose Excess Rock Material [28% of excavated Cut volumel lqnish & lnstall 8 lnch DIP lncluding all tees, bends, fittings, Mega Lugs and other ioint restraint Furnish & lnstall 8-inch lsolation Gate Valves & Boxes Furnish&lnstall1,'PureCoreSlDR7WaterServiceLinesforatotalo@ Stop Furnish & lnstall new Fire Hydrant Assembly, includes 6-inch DIP water line, gate valve, riser box, Mega Lugs and otherjoint restraint, & appurtenances. Trench Cut Volume Fill Material Rock of excavated Large Rock Disposal Trench [28% of excavated trench volumel lmported BeCding & Backfill l28o/o of excavated trench volumel to existinq waterline on Oak North on ilver Court Perform Fire Hydrant Flow Tests (by Qity of Glenwood Springs Fire Department) Furnish & lnstall Water Main crossinqs encasement, including all piping and concrete @ Storm Sewer Item # Drainaoe D-16 NO BID NO BID D-17 D-18 D-19 D-20 D-21 Water WS-2 ws-3 WS-4 NO BID NO W5-6 ws-7 WS-10 WS-12 sys. q, t4\q o B,(! (E o s o (t, o u,\(t, o (E = Oak Meadows PUD - Filing 4 - Phase lll Project: 033A5-2020 H:los3gsteo21DesigrlQuantleslFlhal Construction euantjtjes - 2O23O11O.xtsx January 10,2023 Gamba and Associates, lnc- Page 3 of 6 Estimated Construction Costs $66,240.00 $6,147.90 $3,751.00 $5,181.60 $5,538.88 IT A BID ITEM )T A BID ITEM $7,817.14 $10.944.00 $14,O70.86 s 9.593.84 $3,500.00 $11,051.15 $11,992.30 $11,992.30t167,820.97 Estimated Unit Price $40.00 $30.00 $25.00 $24.00 $ 32.00 NI Nt s 28.00 $28.00 $36.00 $4.00 s 500.00 $5.00 $5.00 S 5.00 SUBTOTAL Oak Meadows PUD - Filing 48 - Phase I il FinalDes n Gonstruction Cost Estimate Total Estimated Quantities 1,656.00 204.93 150.04 215.90 173.09 1.395.92 0.00 279.18 390.86 390.86 2.398.46 7.00 2.210.23 2.398-46 2,398.46 Units and to be LF LF LF LF LF CY CY CY CY CY LF EA LF LF LF Construction ltem Excavate and Backfill Combined Trench ior Primary Shallow Utilities (Electric, Gas, Cable and Phone) oer associated utilitv companv contracts, shallow utility details, plans and specifications Excavate and Backfill Combined Trench for Shallow Utility Services [Electric (2), Cable (2) and Phonei2)l per associated utilitv companv contracts, shallow utility *tails, plans and specifications Excavate and Backfill Combined Trench for Shallow Utility Services [Electric (1), Cable (1) and Phone{1)l per associated utilitv companv contracts, shallow utility &tails, plans and specifications Excavate and Backfill Trench for Shallow Utility Services [Gas (1)] per associated utlity company contracts. shallow utilitv details. olans and soecifications Excavate and Backfill Trench for Shallow Utility Services [Gas (2)] ter associated utiity company contracts, shallow utility details, plars and specifications Total Unadjusted Cut Material Total Unadiusted Fill Material Trench Rock E:xcavate (Blasting) [20% o'excavated trench volume] 2'x 4'deeo (2 trenches) Larqe Rock Disposal Trench [28% of excavated trench volume] lmported Bedclinq & Backfill [28% of excavated trench volume] lnstall 4'schedule 40 PVC conduit imaterial supplied by Holy Cross Energy) for primary and secondary electric lines in common utility trench listed above lnstail electric splice vaults and transformer vaults & pads, [materials supplted by Holy Cross Enerqy, fiCEA)l Furnish & lnstall Natural Gas (through contract with Black Hills Energy) in pre-excavated trenches as listed above Furnish & lnstall 4" Schedule 40 PVC conduit for telephone lines Furnish & lnstall 4" Schedule 40 PVC conduit for Cable Television lines Item # su-1 SU-2 su-3 su-4 su-5 NO BID NO BID su-6 SU-7 SU-8 SU-9 SU-10 su-11 SU.12 iu-13 Sys. t4 o t,\(t,\ 5 !o G (t, Oak Meadows PUD - Filing 4 - Phase lil Project: 03385-2020 H:103385\2020tDesign\Quanct'esma/ Construclion Quantfties - 20230'i la.xlsx January 10,2023 Gamba and Associates, lnc- Page 4 of 6 .- ji\. Estimated Construction Costs $4.637.43 $12,239.29 NOTA BID ITEM )TA BID ITEM NOTA BID ITEM $1,550.26 $ $69.662.70 $12.592.94 $17.630.12 $9.521.96 $12,578.06 $1.740.00 $'t,100.00 $580.00 $15.000.00 $158.832.77 Estimated Unit Price s 6 300.00 $ 4,300.00 It s 7.50 $50.00 $ 35.00 $28.00 $28.00 $2.00 $ 1.00 $ 290.00 $550.00 $ 290.00 $ 1s.000.00 SUBTOTAL Oak Meadows PUD - Fili ng 48 - Phase lll Final Design Construction Gost Estimate Total Estimated Quantities 1.496.59 o.74 2.85 2.248.74 206.71 20.00% 206.70 0.00 1990.36 449.75 629.65 4.760.98 12.578.06 6.00 2.OO 2.OO 1.00 Units Total Lenqth ACRE ACRE CY CY /o CY CY CY CY CY SY SY EA EA EA LS Construction ltem Clear & Grub Oak Brush Clear & Grub Pasture Total Unadjusted Cut Material Total Unadjusted Fill Material (consider the use of foundation material as suitable fill material) Estimated Earthwork Shrinkaqe Rate Compacted Fill from On-Site Excavation lmport & Compact Structural Fill [Estimated 0.2 shrinkage factor applied to on-site excavated volumesl Excavate & Dispose of Excess Cut Material [Estimated 0.2 shrinkage factor applied to on-site excavated volumesl Rock Blasting [Estimated at 20% of excavated Cut volume] Excavate & Dispose Excess Rock Material [Estimated at 28% of excavated Cut volume] Scarifo, moisture treat and compact subqrade to depth and compaction specifications Revegetate all disturbed areas along edges of roads, over water, sanitary sewer and storm sewer lines, drainage diversion channel, staging and storage area, and storm water detention pond Street Siqn "No Parkinq This Side of Street" Street Sign "Street Name" & "Stop" Street Sign "Speed Limit" Provide Traffic Control along Oak Way North Existing Silver King Court & Overland View Drive for all activities which impact the public roads. This includes all work in the shoulder as well as any crossings. Item # Roads R-1 R-2 NO BID NO BID NO BID R-3 R-4 R-5 R-6 R-7 R-8 R-9 R-10 R-11 R-12 R-13 Sys. t4E Goq Oak Meadottus PUD - Filing 4 - Phase lll Project: 033A5-2020 H:10338s\2ozolDesignlQuantitiesvinat construdion Quantitjes - 20230110.xtsx January 1O,2023 Gamba and Associates, Inc. Page 5 ofo Estimated Construction Costs $66,479.44 $78,839.06 $621.94 $358.44 $r46.298.88 S 5-715.18 $3,575.00 $9,290.18 3 1.010.939.r 3 $20,218.78 $30.328.17 $20.218.78 s 40.437.57 $50,546.96 $6.000.00 $ 1.178.689.39 Estimated Unit Price $27.00 $ 107.00 $ 107.00 $27.O0 SUBTOTAL $14.50 $5.00 SUBTOTAL Subtotal of Estimated Gonstruction Costs: TOTAL OF ESTIMATED GOSTS: Oak Meadows PUD - Filing 48 - Phase lll Final Desiqn Construction Cost Estimate Total Estimated Quantlies 2.462.20 736.81 5.81 13.28 394.15 715.00 2.OO"/o 3.00% 2.00% 4"O0o/" 5.00% 1.00 Units TONS TONS TONS TONS CY LF LS Construction ltem Asphalt Road Aqoreqarte Base Course 110" depth & density of 1.85 tons per cubic yardl New Pavement !-lot Bituminous Pavement [l}" depth and a densitv of 150 pounds per cubic footl Asphalt Patch Water Line Crossing of Oak Way North: Hot Bitumimus Pavement [232.5 SF; 4" depth at a density of 150 lbs/CFl Asphalt Patch Water & Sewer Line Crossing of Oak Way North: Road Aggregate Base Course 1232.5 SF: 10" deoth at a densitv of 1 .85 tons/CYl Additional Bid ltems RemovaURelocation of Boulder Field Removal of bristinq Fence Miscellaneous Construction I nsoection - Geotechnical Enqineerinq Construction lnspection - Civil Engineering Construction I\/lanaqement and Contract Administration Construction fiurvevinq Miscellaneous and Continqencv Mobilization Item # Roads R-14 R-15 R-16 R-17 A-1 A-2 M-1 M-2 M-3 M-4 M-5 M-6 sys. v,E(Eoq 14 3Eq) .oF v, oo G ootrt = q -J Fo]- Oak Meadott{s PUD - Filing 4 - Phase lll Prcjecl: 03385-2020 H:la3385t2020\Desrgn\QoanttbslFinal Construclion Quantities - 2023011o.x|sx January 10,2023 Gamba and Associabs, Inc. 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Ita EiE I5I g E:d8t3 i{EEEE ;?-r8Eg gi!$r Wt $onflsEwtn PRoIllts A GAMBN. Oak Meadows Filing4-Phase3 D2 6; ! H g P dI I I I , Iri tfl r_!1 I 9 h t 8 q 9 9 :., %\\\\ Z1 \\\ 7/\VI d *! R AB : BdZ 7'F $ e" -m mzo ll tt U I I \ I I Eis li' ) EROSIOil CONIROT P1AN ffilffiffidr ffiF: ffiii]l;ffi:---ffillzl]ffi Oak Meadows Filing4-Phase3 EI',.w, ffw*"i '.:;;ll!9.,:r,,r a t! d ) IAIIDSCAPIl{G / RMGETATIOI{ PlAI{ Oak Meadows Filing4-Phase3 osu ttndld: ffi--G@e ,Wa t"....N:/.',i ?,Jl'1.,:r.".s A GAMBN l_,":i';i H SUBDIVISION IMPROVEMENTS AGREEMENT THIS SUBDIVISION IMPROVEMENTS AGREEMENT (SIA) is made and entered into this day of 2024by and between OAK MEADOWS, FILING 4, PHASE 3LLC (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 Owner is the owner and developer of the Filing 48, Phase III Property (the "Subdivision"), which property is depicted on the Final Plat of Filing 48, Phase III Property recorded on 2024 as Reception No.(Final Plat or Final Plat of the Subdivision). WHEREAS, on July 19, 1976, the BOCC, by Resolution No. 76-47 and Resolution No. 76-48 approved a planned unit development re-zoning application for Oak Meadows Ranch, Oak Meadows Filing No. 4 according to the plat of Meadows Ranch, Oak Meadows Filing No. 4, recorded January 26, 1977 in Cabinet No. 1, Page 388, as Reception No.276561, Garfield County, Colorado (the "Oak Meadows Filing No. 4 Plat"); and WHEREAS, Owner is the current owner of certain lands (the "Property") comprising a portion of Area I, Oak Meadows Ranch Filing No. 48, Phase No. III, as such Area I is depicted and described on the Oak Meadows Filing No. 4 Plat; WHEREAS, the Property is an approximately 44.67 acre parcel of land located in Garfield, County, Colorado, and legally described on Exhibit A attached hereto and made a part hereof; WHEREAS, on July 21,2008, the BOCC, by Resolution No. 2008-95 and recorded as Reception No. 735652, Garfield County, Colorado, approved a preliminary plan for the Property as "A Resolution Concerned with Approval of a Preliminary Plan for a 25 Lot Phsse of a Subdivision Known as 'Oak Meadows Ranch PUD, Filing 4, Phase III' and Property owned by Oak Meadows III, LLC, Garfield County" ("Preliminary Plan Approval") which Preliminary Plan Approval, among other things, would re- subdivide the Property into 25 residential lots, a32.611 acre common area parcel, and2.616 acres of quasi- public area; WHEREAS, extensions approved by the BOCC for the recording of a final plat providing for such matters were granted on: (l) August 3,2009 as BOCC ResolutionNo.2009-59, recorded as ReceptionNo.773l0, Garfield County, Colorado; (2) June 14,2010 as BOCC Resolution No. 2010-47, recorded as Reception No. 787581, Garfield County, Colorado; (3) June 20, 2011 as BOCC Resolution No. 20 I 1 -3 8, recorded as Reception No. 804937; (4) July 1,2013 as BOCC ResolutionNo. 2013-39, recorded as ReceptionNo. 837610; (5) July 20,2015 as BOCC Resolution No. 2015-36, recorded as Reception No. 865682; (6) July 10,2017 as BOCC Resolution No. 2017-35, recorded as Reception No. 895833; (7) July 22,2019 as BOCC Resolution No. 2019-42, recorded as Reception No. 804937; and Page I of9 WHEREAS, on October 3,2022,the BOCC, by Resolution No. 2022-34 and recorded as Reception No. 979968, Garfield County, Colorado, approved an amendment to the Preliminary Plan Approval for the Property which included a revised preliminary plan for the Property providing for a reconfiguration of the Property's planned 25 residential lots and three (3) open space/common area parcels (Preliminary Plan Approval); WHEREAS, the BOCC approved by Resolution No. 2023-29, recorded as Reception No. 989464, an extension for the recording of a final plat on September 12,2023; and WHEREAS, in connecLion with the Prelinrirrary Plan Approval, as aureuded, Owtrer uow desires to record the Final Plat of Oak Meadows Ranch, Filing No. 4, Phase III ("Final Plat"); and WHEREAS, as a condition of approval of the Final Plat submitted by Owner to the BOCC for approval as required by the laws of the State of Colorado, Owner wishes to enter into this Agreement with the BOCC; and WHEREAS, on the BOCC, by Resolution No. _ and recorded as Reception No Garfreld County, Colorado, approved the Final Plat of Oak Meadows Ranch, Filing No 4, Phase III, which was recorded as Reception No. Plat"); and on 2024 ("Final I WHEREAS, 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, as amended (LUDC), Owner wishes to enter into this SIA with the BOCC. WHEREAS, Owner has agreed to execute and deliver a letter of credit or other 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 properlies and issuance of building permits and certificates of occupancy within the subdivision, all as more fully set forth below. 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 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, as Amended, 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 SIA and at the time prescribed herein. Page2 of9 ) 3. OWNERS PERFOR}IANCE 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.,be\ow (Subdivision Improvements) at Owner's expense, including payment of fees required by Garfield County and/or other governmental and quasi-govemmental entities with regulatory jurisdiction over the Subdivision. The Subdivision Improvements 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 Gamba & Associates, Inc., 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, cerlified by and bearing the stamp of Owner's professional engineer licensed in the State of Colorado (Owner's Engineer), affached to and made a part of this SIA by reference as Exhibit B, which estimate shall include an additional l0o% percent of the total for contingencies; and all other documentation required to be submitted along with the Final Plat under pertinent sections of the LUDC (Final Plat Documents). ii. All requirements of the Preliminary Plan Approval. 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; the record drawings have been submitted upon completion of the Subdivision Improvements, as detailed in paragraph 3, 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. SECURITY FOR SUBDIVISION IMPROVEMENTS; RECLAMATION. a. Security for Subdivision Improvements. As security for Owner's obligation to complete the Subdivision Improvements, the Final Plat shall be held in escrow by the County pending installation and acceptance of the Improvements. Owner shall deposit with the County Treasurer $50,184.48 ("Security"), which is 110% of the estimated costs of reclaiming the Property to the state in which it existed at the day of this Agreement, as detailed in Exhibit C. Exhibit D is a copy of the Garfield County Treasurer's Deposit Agreement Revegetation TDA (the "TDA") and Exhibit E is the Treasttrer's Release (also Exhibit A to the TDA). b. Extension of Completion Date. The Completion Date, identified in subparagraph 2.a., above, may be extended by a written amendment to this SIA. c. Final Acceptance of Improvements and Recordation of Final Plat. Upon completion of all Subdivision Improvements 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 have been constructed in accordance with the Page 3 of9 d. requirements of this SIA, including all Final Plat Documents and the Preliminary Plan Approval, in hard copy and digital format acceptable to the BOCC; 2) executed 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 the recordation of the Final which shall be recorded by the County contemporaneously with the Final Plat; and 3) a written rcquest for certification that all Subdivision Improvements have been installed and inspected (ooOwner's Written Request"). i. The BOCC shall authorize the recordation of the Final Plat after the Subdivision Improvements are ceftified 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, the BOCC shall promptly execute the Final Plat and record the same with the Garfield County Clerk and Recorder's office but in no event longer than sixty (60) days from such ceftification. ii. Notwithstandingthe foregoing, upon Owner's Written Request, the BOCC may inspect and review the Subdivision Improvements certified as complete. If the BOCC does so review and inspect, the process contained in subparasraph 3.d, below, shall be followed. iii. If the BOCC finds that the Subdivision Improvements are not complete, in accordance with the relevant specifications, the BOCC may complete remaining Subdivision Improvements, or institute court action in accordance with the pl'ocess outlined in subparagraph 3.d below. iv. After complying with the two-year revegetation requirement from the date of completion of the Improvements, Owner shall obtain lvritten approval from the Garfield County Vegetation Management Department of the required revegetation work. Upon receipt of such approval. Owner may request, and the BOCC shall, authorize disbursement of the Security to Owner. BOCC's Investigation. Notwithstanding the foregoing, upon submission of the Owner's Written Request (ooOwner's Request"), the BOCC may review the certification 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 fumished to Owner by the BOCC within fifteen (15) business days of submission of Owner's Request, all Subdivision Improvements certified as complete shall be deemed approved by the BOCC, and the BOCC shall promptly execute the Final Plat and record the same with the Garfield County Clerk and Recorder's office but in no event longer than sixty (60) days from such certification . ii. If the BOCC chooses to inspect and determines that all or a portion of the Subdivision Improvements cerlified as complete are not in compliance with the relevant specifications, the BOCC shall firrnish a letter of potential deficiency to the Owner, within fifteen (15) business days of submission of Owner's Request., iii. If a letter of potential deficiency is issued identifying a portion of the cerlified Subdivision Improvements as potentially deficient, then all Page 4 of9 4. 5. Subdivision Improvements not identified as potentially deficient shall be deemed approved by the BOCC. iv. With respect to Subdivision Improvements identified as potentially deficient in a letter of potential deficiency, the BOCC shall have thity (30) days from the date of the letter to complete the initial investigation, begun under subparagraph 3.b, above, and provide written confirmation of the deficiency(ies) to the Owner, after which Owner shall remedy such deficiencies. Once such deficiencies are completed, Owner may provide a new Owner's Written Request pursuant to subparagraph 3.c above. v. Other Remedies. If Subdivision Improvements are not installed by the Cot"pf"tion Out", or if the BOCC finds that Owner will not or cannot correct the deficiencies contained in the letter of potential deficiency above within a commercially reasonable timeframe, the BOCC may withdraw and employ from the Security such funds as may be necessary to regrade the Properly as much as reasonably possible to the condition in which it existed prior to construction, or an otherwise natural state and revegetate the same.. In such event, the BOCC shall make a written finding of the same. 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. The BOCC shall provide the Owner a reasonable time to cure any identified deficiency(ies) prior to withdrawing any security or filing a civil action. WATER SUPPLY AND WASTEWATER COLLECTION. The Property is subject to the terms and conditions of the *Oak Meadows Reorganization Agreement" recorded August 11, 1995 in Book 950 at Page 56, and at Reception No. 481864 ("Reorganization Agreement"). The Reorganization Agreement provides for, among other things, the prior installation, operation, use, and maintenance of a water system and a sanitary sewer system which provide for potable water and sanitary sewer service to the Property. Owner has installed, or will install, a water distribution system on the Properly for potable water service in accordance with approved plans and specifications prior to the execution of this Agreement. Owner has provided water storage facilities, available for fire protection. Orvner has installed, or rvill install, a rvasteu,aterlserver collection system on the Property 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 and wastewater collection system are established aS depicted on the Final Plat. PRMTE ROADS. All roads within Oak Meadows Ranch. Filing No. 4, Phase III shall be conveyed to the Oak Meadows Homeowners Association. Pursuant to the "General Declaration for Oak Meadows Ranch Garfield County, Colorado" recorded January 26,1977 in Book 492 at Page 894, at Reception No. 276560, Garfield County, Colorado, as amended by the "Restatement of Section 4.8 of General Declaration for Oak Meadows Ranch Garfield County, Colorado" recorded March 21,l9l9 in Book 521 atPage 932, and at Reception No. 292809, Garfield County, Colorado, and the Reorganization Agreement, the Oak Meadows Homeowner's Association, a Colorado nonprofit corporation (the "Homeowners Association") 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 Oak Meadows Ranch, Filing No. 4, Phase III. The conveyance of the road rights of way by the Owner and acceptance thereof by the Homeowners Association, shall be shown on the Final Plat. Page 5 of9 6.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 puhlic 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 upkccp of any utility cascmcnt within thc Subdivision. In thc cvcnt 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. 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. INDEMNITY. The Owner shall indemniff 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 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 govemmental immunity granted to the BOCC by Colorado statutes and case law. ROAD IMPACT FEE. Road Impact Fees will be due at the time of building permit and will be assessed in relation to the square footage and type of dwelling unit or other structure that is proposed. DEDICATION OF SCHOOL LAND. Owner's predecessor in interest, Redstone Corporation, conveyed atract of land consisting of a portion of Oak Meadows Ranch, Filing No. 4, for the use and benetit of Roaring Fork School District RE-1 by deed recorded as Reception No. 310295, Book 561, Pages 987 and 988 in the records of the Clerk and Recorder of Garfield County, Colorado, which conveyance was in full satisfaction of any school land dedication requirements with respect to Final Plat Approval. SALE OF LOTS. No lots, tracts, ol'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. AFFORDABLE HOUSING PLAN AND AGREEMENT. The Subdivision is subiect to the terms of the Affordahle Housing Plan ancl Agreement at Reception No 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 constmcted within the Subdivision. No certificates of occupancy shall issue for any habitable building or structure, including residences, within the Subdivision until all Subdivision Improvements have been completed and are operational as required by this SIA. 7 8. 9. 10. 11 t2 13 Page 6 of9 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 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. 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 parag&ph-3., above, and the provisions for plat vacation, detailed in pafagaphl4, 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 Courl 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 thereol 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. 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. 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. CONTRACT ADMINISTRATION AND NOTICE PROVISIONS. The representatives ofthe 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: Gary M. Johnson Oak Meadows Filing 4 Phase 3 LLC 320Big Pinon Dr. Basalt, CO 81621 w/copy to Chad J. Lee, Esq. JVAM PLLC PO Box 878 Glenwood Springs, CO 81602 18. 15. 16. 17. Page 7 of9 20. 21. 19. BOCC:Board of County Commissioners of Garfi eld County, Colorado c/o Community Development Director 108 8th Street, Suite 401 Glenwood Springs, CO 81601 Phone: (970)94s-8212 Fax: (970) 384-3470 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 ofa change in the identity ofthe security provider/issuer, shall be considered by the BOCC at a scheduled public meeting. 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. 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. VENUE AflD 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. [The remainder of this page has intentionally been left blank. Signature page follows.] Page 8 of9 IN WITNESS WIIEREOF, the parties have signed this SIA to be effective upon the date of Final Plat Approval for the Subdivision. ATTEST: BOARD OX' COUNTY COMMISSIONERS ox' GARX'rELD COUNTY, COLORADO By: Clerk to the Board Chairman Date: oAK MEADOWS, FILING 4o PHASE 3 LLC, a Colorado limited liability company By Gary M. Johnson, Managing Member Date: STATEOFCOLORADO ) )ss. COLINTY OF GARFIELD ) Subscribed and sworn to before me by Gary M. Johnson, an authorized representative of Oak Meadows, Filing 4, Phase 3 LLC, Owner of the Subdivision, this - day of ,2024' WITNESS my hand and official seal. My commission expires Notary Public Page 9 of9 ExHrnrrA Construction Plans for Public Improvement OAK MEADOWS RANCH - FITING 4 - PHASE 3 Final Engineering Plans TABLE OF CONTENTS SHEET NO. TITLE R1 LYNX LANE ROAD PLAN dated 2/24/2023 R2 LYNX LANE PROFILES & DETAILS dated2/24/2023 S1 SANITARY SEWER SYSTEM PLAN dated L/26/2024 52 SANITARY SEWERA-LINE PLAN & PROFILE: STA 0+00 TO 6+00 datedL/26/2024 S3 SANITARY SEWERA-LINE PLAN & PROFILE: STA 5+40 TO9+59.94 daredl/26/2024 S4 SANITARY SEWERA2-LINE PLAN & PROFILE: STA 0+00 TO 5+79.92 dated,L/26/2024 S5 SANITARY SEWER PLAN & PROFILES A2-1 AND A2-3 LINES datedL/26/2024 S6 SANITARY SEWER DETAILS dated L2/L2/2023 W1 WATER DISTRIBUTION SYSTEM PLAN dated L/26/2024 w2 WATER MAIN PLAN & PROFILE: STA 0+00 TO 6+00 dated'I/26/2024 W3 WATER MAIN PLAN & PROFILE: STA 6+00 TO L2+00 dated'L/26/2024 w4 WATER MAIN PLAN & PROFILE: STA 12+00 TO I5+L2.60 dated L/26/2024 W5 WATER SYSTEM DETAILS dared L2 / 5 /2023 D1 STORM SEWER INFRASTRUCTURE PLAN dated L/26/2024 D2 STORM SEWER PROFILES dated L /26 /2024 D3 DRAINAGE SYSTEM DETAILS dated L / L4 /2022 LT LANDSCAPING / REVEGETATION PLAN dated L/26/2024 E1 EROSION CONTROL PLAN dated L/26/2024 l Updated July 2, 2024 Exnmrr B Cost Estimate for Public Improvements Estimated Construction Gosts $12,020.00 s 2.518.50 s 2.169.45 $16,707.95 $145.592.80 $2,503.50 $36,027.00 $98,000.00 OT A BID ITEM A $13.267.93 $12,770.39 $308.161.62 Estimated Unit Price s 5.00 $7.00 $ 15.00 SUBTOTAL $80.00 $ 25.00 $45.00 $ 7.000.00 $32.00 $22.00 SUBTOTAL Oak Meadows PUD - Filinq 48 - Phase lll Final Gonstruction Cost Estimate Total Estimated Quantities 2404.00 359.79 144.63 1.819.91 100.14 800.60 14 2073.11 0.00 414.62 580.47 Units LF SY LF LF LF LF EA CY CY CY CY Construction ltem Erosion Control Erosion and Sediment Control: Furnish, lnstall and Maintain throughout Construction - Wire Reinforced Filter Fabric Fence Erosion and Sediment Control: Furnish, lnstall and Maintain throughout Construction - Gravel Trackinq Reduction Area at Construction Entrances/Exits Erosion and Sediment Control: Furnish, lnstall and Maintain throughout Construction - Filter Socks / Gravel Baq Filters at Drain lnlets ffi-35PVcSewerMainPipe;inc|udingtrenching,backfillandwaterline protection measures Furnish & lnstall lnsulation for Frost Protection over 8-inch SDR-35 PVC Sewer Main Pioe Furnish & lnstall 8-in X 4-in Sanitary Wyes on Main and 4-in SDR-35 PVC Sanitary Sewer Service oioelines for 25 Services: includinq trenching, bacKill and waterline protection measures Furnish & lnstall 4-ft dia. Precast Concrete Gravity Sewer Trench Cut Volume Total Unadiusted Fill Material Trench Rock Excavate(Blasting)[20% of excavated trench volume] Larqe Rock Disposal Trench [28% of excavated trench volume] Item # EC-1 EC-z EC-3 iewer SS-1 ss-2 ss-3 SS4 NO BID NO BID SS-5 ss-6 sys. o oo o lt,o ut o tt\q o ()o o() o trrGioq Oak Meadows PUD - Filing 4 - Phase ill Project: 0338+2020 H:\03385r2020Des,0n\QuartfieslF,l4al Construction Cost Estimate - 20240109.x|sx January 10,2023 Gamba and Associabs, lnc. Page 1 of 6 Estimated Construction Costs s 2.853_50 NOTA BID ITEM )T A BID ITEM $320.71 $449.00 $577.28 $8.964.15 $13.174.64 $3,000.00 $17.500.00 $4.000.00 5.209.20 16,861.20 $7,144.50 $2.938.74 NOTA BID ITEM $1.796.18 $2.514.65 $3,233.12 &r.197.60 Estimated Unit Price $50.00 N $ 28.00 $ 28.00 $36.00 $7.50 SUBTOTAL $ 3.000.00 $ 3,500.00 $ 4,000.00 $45.00 s 60.00 $75.00 $ 750.00 $ 28.00 $28.00 $36.00 SUBTOTAL Final Desiqn Construction Cost Estimate Total Estimated Quantities 57.27 57.27 0.00 11.45 16.04 16.04 1195.22 1.00 5.00 1.00 115.76 281.02 95_26 3.92 320.75 0.00 64.15 89.81 89.81 Units CY CY CY CY CY CY LF EA EA EA LF LF LF CY CY CY CY CY CY Construction ltem Channels Excavate Stormwater Drainage Diversion Channel - north of Lots 82 through 85 ['1.0' Min. Depth; 3:1 Side Slopes; Length = 241.2i-leet; Unadjusted Cut Volume = 57.27 Cy; Unadjusted Fill Volume = 0 OY]. Dispose of excavated material on-site. l-ltrainanc Diversion Channel - t t-^J:.Cut Volume r Dtrainaqe Channel -Unadjusted Fill Volume Stormwater Channel Rock al20% of excavated Stormwater Drainage Diversion Channel Large Rock Disposal lEs:imated at excavated volumel lmported Large Rock Excavation Maintain and Restore Existing Abandoned lnigation Channel use as Stormwater Channel located above Lots 66 through 73 for Drainage Sfructures Furnish & lnsltall New 18" Dia. Nyloplast Basin,including grates ard covers as specified Furnish &covers 30" Dia.covers as lnslal 12" Dia.Drain P Furnish & lnslal 18" Dia. ADS N-12'WT lB" Storm Drain Furnish N-1 "WI lB" Storm Concrete or Trench Cut Volume 'otal Unadiusted Fill Material Sewer Rock Excavate rf excavated trench Storm Sewer'french Excavation Large Rock Disposal [Estiamted at28o/o o'f excavated trench volumel to voids left of excavated Item # Drainaoe D-1 NO BID NO BID D-2 D-3 D4 D-5 Drainaoe D-6 D-7 D-8 D-9 D-10 D-11 D-12 NO BID NO BID D-13 D-14 D-15 sys. 0, ta\q ooG q a s o (tt Oak Meadows PUD - Filing 4 - Phase ill ptoject: OS7ES-ZO2O H:l03385l2020lDesign\QuarfifieslFnal Construction Cost Estimate - 202401Og.xtsx January 10, 2023 Gamba and Associates, lnc. Page 2 of 6. ,), Estimated Construction Costs $2,934.80 NOTA BID ITEM )TA BID ITEM NOTA BID ITEM $4.192.69 $ $2.308.46 $2,975.90 $4.166.25 s 16.578.30 $173.802.95 $2.550.00 $45,890.50 $45.000_00 $8,045.30 $11.263.42 $14.4E1.9 $1.500.00 $500.00 $4.000.00 $2.000-00 $18.000.00 327_033-72s Estimated Unit Price s 46.00 I $13.00 $50.00 s 18.00 $28.00 $28.00 SUBTOTAL $ 115.00 $ 850.00 $ 50.00 $ 7.500_00 NOT A BID NOT A tsID S 28_00 $28.00 $36.00 $ 1,500.00 $ 500.00 $ 4,000.00 s 2.000.00 $ 150.00 SUBTOTAL Oak Meadows PUD - Filinq 48 - Phase lll Final Desiqn Construction Cost Estimate Total Estimated Quantities 63.80 531.41 322.53 20.00% 322.53 0.00 128.25 106.28 148.79 1.5'11.33 3.00 917.81 6.00 1,436.66 0.00 287.33 402.27 402.2t 1.00 '1.00 1.00 1.00 120.00 Units LF CY CY o/o GY CY CY CY CY LF EA LF EA CY CY CY CY CY EA EA EA EA LF Gonstruction ltem Detention Basin Detention Pond Outlet Pipes 12" Dia. ADS N-12 "WT lB" Storm Drain Piping with 6.5" Orifice Cut in Cap on Primary Outlet Pipe Total Unadiusted Cut Material Total Unadiusted Fill Material Estimated Earthwork Shrinkaqe Rate 'ompacted Fill from On-Site Excavation lmoort & Comoact Structural Fill 10.2 shrinkaoe factor aoolied to on-site excated volumesl Excavate & Dispose of Excess Cut Material [0.2 shrinkage factor applied to on-site excavated volumesl Rock Blasting [20% of excavated Cut volumel Excavate & Dispose Excess Rock Material [28% of excavated Cut volumel Furnish & lnstall 8 lnch C900 PVC water main pipe; lncluding all tees, bends, fiftings, Mega Lugs and other ioint restraint Furnish & lnstall 8-inch lsolation Gate Valves & Boxes Furnish & lnstall 1" Pure Core SDR-9 Class 200 PE Water Service Lines for a total of 25 lots w/ Curbstop & Corp Stop Furnish & lnstall new Fire Hydrant Assembly, includes 6-inch C-900 PVC water pipe, gate valve, riser box, Meqa Luqs and other ioint restraint. & appurtenances. Trench Cut Volume Total Unadiusted Fill Material Trench Rock Excavate (Blastinq) l20o/o ol excavated trench volumel Large Rock Disposal Trench [28% of excavated trench volumel lmported Bedding & Backfill l28o/o oI excavated trench volumel Connection to existing waterline on Oak Way North [Excluding Gate Valve which is ltem WS-2 abovel Connection to existing waterline on Silver King Court [Excluding Gate Valve which is ltem WS-2 abovel Abandon Existing Well Perform Fire Hvdrant Flow Tests (bv Citv of Glenwood Sprinqs Fire Deoartment) Furnish & lnstall Water Main encasement, including all piping and concrete @ Storm Sewer crossings Item # Drainaqe D-16 NO BID NO BID NO BID D-17 D-18 D-19 D-20 D-21 Water ws-1 WS-2 WS-3 WS.4 NO BID NO BID WS-5 WS6 WS-7 ws-8 ws-9 ws-10 WS-11 ws-12 sys. o, ta\q ooG ea \oq o lt,\an o s Oak Meadows PUD - Filing 4 - Phase lll Project: 03385-2020 H:\o338'\2o2otDesignlQuantitiesvinal Construction Cost Estimate - 20240109.xlsx January 10,2023 Gamba and Associabs, lnc. Page 3 of 6 Estimated Construction Costs $66,240.00 s 6.147.90 s 3.7s1.00 $5,181.60 s 5.538.88 \OTA BID ITEM $7.817.14 $10.944.00 $14,070.86 $9.593.84 $3,500.00 s 1 1.051.15 $1 1,992.30 $11.992.30 s 167.820.97 Estimated Unit Price $40.00 s 30.00 s 25.00 $24.0A $ 32.00 s 28.0C $ 28.0C $36.0C s 4.0G $ 500.00 $5.00 $5.04 $5.00 SUBTOTAL Oak Meadows PUD - Filins 48 - Phase lll Final Desiqn Gonstruction Gost Estimate Total Estimated Quantities 1,656.00 204"93 150.04 215.90 173.09 1,395.92 0.00 279.18 390.86 390.86 2.398.46 7.00 2,210.23 2.398.46 2.398.46 Units LF LF LF LF LF CY CY CY CY GY LF EA LF LF LF Construction ltem to Excavate and Backfill Combined Trench for Primary Shallow Utilities (Electric, Gas, Cable and Phone) per associated utility companv contracts. shallow utilitv details, plans and specifications Excavate and Backfill Combined Trench for Shallow Utility Services [Electric (2), Cable (2) and Phone(2)l per associated utility companv contracts, shallow utility details, plans and specifications Excavate and Backfill Combined Trench for Shallow Utility Services [Electric (1), Cable (1) and Phone(1)l per associated utility companv contracts, shallow utility details, plans and specifications Excavate and Backfill Trench for Shallow Utility Services [Gas (1)] per associated utility company contracts. sherllow utilifu details. olans and soecifications Excavate and Backfill Trench for Shallow Utility Services [Gas (2)] per associated utility company contracts. shallow utilitv details. plans and soecifications Total Unadius;ted Cut Material Total Unadiusrted Fill Material Trench Rock Excavate €lastinq) l2OVo o'f excavated trench volumel 2'wide x 4'deep (2 trenches) Larqe Rock D'isposal Trench I28% of excavated trench volumel lmported Beddinq & Backfill 128"/0 oI ex@vated trench volumel lnstall 4" Schedule 40 PVC conduit (material supplied by Holy Cross Energy) for primary and secondary elerctric lines in common utility trench listed above lnstall electric splice vaults and transformer vaults & pads, [materials supplied by Holy Cross Enerov. (HCEiA)l Furnish & lnsllall Natural Gas (through contract with Black Hills Energy) in pre-excavated trenches as listed abov'e Furnish & lnsllall 4" Schedule 40 PVC conduit for teleohone lines Furnish & lnsllall 4" Schedule 40 PVC conduit for Cable Television lines Item # su-1 SU-2 su-3 su4 SU.5 NO BID NO BID su-6 SU-7 SU-E SU-9 SU-10 SU-11 SU-12 SU-13 sys. t4 0) ta\tn\ 5:o G q Oak Meadovvs PUD - Filing 4 - Phase ill Prcject: 03385-2020 H:\0338sl2a2'WesignlQuantitbsEinal Construclion Cost Estimab - 20240109.xlsx January 10, 2023 Camba and Associabs, Inc. Page 4 ofo Estimated Construction Costs $4,637.43 $12.239.29 NOTA BID ITEM )T A BID ITEM NOT A BID ITEM $1.550.26 $ s 69.662.70 $12.592.94 $17.630.12 $9,521.96 $12,578.06 $1.740.OO $1,100.00 $580.00 $15.000.00 $154.432.77 Estimated Unit Price $ 6,300.00 $ 4.300.00 NI $7.50 $50.00 s 35.00 $28.00 s 28.00 $2.00 $1.00 $ 290.00 $ 550.00 $ 290.00 $ 1s.000.00 SUBTOTAL Oak Meadows PUD - Filing 48 - Phase lll Final Desiqn Construction Cost Estimate Total Estimated Quantities 1.496.59 0.74 2.85 2.248.74 206.70 20.O0o/o 206.70 0.00 1990.36 449.75 629.65 4,760.98 12,578.06 6.00 2.OO 2.00 1.00 Units ACRE ACRE CY CY GY CY CY CY CY SY SY EA EA EA LS Construction ltem Clear & Grub Oak Brush Clear & Grub Pasture Total Unadiusted Cut Material Total Unadiusted Fill Material (consider the use of froundation material as suitable fill material) Estimated Earthwork Shrinkaqe Rate Compacted Fill from On-Site Excavation lmport & Compact Structural Fill [Estimated 0.2 shrinkage factor applied to on-site excavated volumesl Excavate & Dispose of Excess Cut Material [Estimated 0.2 shrinkage factor applied to on-site excavated volumesl Rock Blastinq [Estimated at 20% of excavated Cut volumel Excavate & Dispose Excess Rock Material lEstimded at 28% of excavated Cut volumel Scarifv. moisture treat and comoact suborade to deoth and comoaction soecifications Revegetate all disturbed areas along edges of roads, over water, sanitary sewer and storm sewer lines, drainage diversion channel, staging and storage area, and storm water detention pond Street Siqn "No Parkinq This Side of Street" Street Siqn "Street Name" & "Stop" Street Siqn "Speed Limit" Provide Traffic Control along Oak Way North Existhg Silver King Court & Overland View Drive for all activities which impact the public roads. This includes all work in the shoulder as well as any crossings. Item # Roads R-1 R-2 NO BID NO BID NO BID R-3 R-4 R-5 R-6 R-7 R-8 R-9 R-10 R-11 R-12 R-13 sys. lt, E Goq Oak Meadows PUD - Filing 4 - Phase lil P,oject 033E5-2020 H:10338512020tDes,9n\QuartifreslF,laal Cons!ruction Cost Estimate - 20240109.xlsx January 10,2023 Gamba and Associabs, lnc. Page 5 of 6 Estimated Construction Costs $66.479.4 $92,101.71 $414.69 $219.19 $159.215.04 $5,715.18 $3.575.00 s 9.290.1E $1.211.012.77 s 24.820.26 $37,230.38 $24.820.26 $49.640.51 s 124.101.28 $6,000.00 $ 1,507.625.45 Estimated Unit Price $27.00 $ 125.00 $ 175.00 $40.50 SUBTOTAL $14.50 $5.00 SUBTOTAL Subtotal of Estimated Construction Costs: TOTAL OF ESTIMATED COSTS: Oak Meadows PUD - Filinq 48 - Phase lll Final Desiqn Gonstruction Cost Estimate Total Estimated Quantities 2.462.20 736.81 2.37 5.41 394.15 715.00 2.00% 3.00% 2.OO% 4.OOo/" 10.00% 1.00 Units TONS TONS TONS TONS CY LF LS Construction ltem Asphalt Road Aooreoate Base Course 110" deoth & densitv of 1.85 tons oer cubic vardl New Pavement Hot Bituminous Pavement 13" depth and a densitv of 150 pounds per cubic footl Asphalt Patch Water and Sewer Line Crossings of Oak Way North: Hot Bituminous Pavement 1232.5 SF: 4" depth at a density of 150 lbs/CFl Asphalt Patch Water and Sewer Line Crossings of Oak Way North: Road Aggregate Base Course 1232.5 SF: 10'' deoth at a densitv of 1.85 tons/CYl Additional Bid ltems RemovaURelocation of Boulder Field Removal of E:xistino Fence Miscellaneous Construction lnspection - Geotechnical Engineerinq Construction lnspection - Civil Enqineerinq Construction lvlanaqement and Contract Administration Construction liurveyinq Miscellaneousi and Continqency Mobilization Item # Roads R-14 R-15 R-16 R-17 A-1 A-2 M-1 M-2 M-3 M4 M-5 M-6 sys. tnE Goq lt, SE(a .oh u, oo $ (,ota E U,*lto}- Oak Meadows PUD - Filing 4 - Phase ,|il Pmjecf: $385-2020 H:\03385t20mDes,?n\Quanfrf,bslFr;4al Construclion Cost Estimab - 20240109.x8x January 10,2023 GamM and Associates, lnc. Page 6 ol 6 Esti mated Gonstruction Costs $181 ,991 .00 s 2.503.50 $40.030.00 s 98.000.00 $3X2,524.50 $226,699.50 $2,550.00 s 50.479.55 s 60.000.00 s 1.500.00 $500.00 $341,729.05 $664.253.55 $66.425.36 $ 809.746.80 Estimated Unit Price $ 100.00 $25.OO s s0.00 $ 7,000.00 SUBTOTAL s 150.00 $ 850.00 $ 55.00 s 10.000.00 $ 1,500.00 $ 500.00 SUBTOTAL Subtotal of Estimated Gonstruction Costs: TOTAL OF ESTIMATED COSTS Oak Meadows PUD - Filing 48 - Phase lll Final Desiqn Construction Gost Estimate for Water and Sanitary Sewer Systems Total Estimated Quantities 1.819.91 100.14 800.60 14 1 .51 1.33 3.00 917.81 6.00 1.00 1.00 10.00% Units LF LF LF EA LF EA LF EA EA EA Construction ltem Fumish & lnstall 8-inch SDR-35 PVC Seuier Main Pipe; including trenching, backfill and waterline Drotection measures Fumish & lnstall lnsulation for Frost Protection over 8-inch SDR-35 PVC Sevver Main Pipe Fumish & lnstall 8-in X 4-in Sanitary Wyes on Main and 4-in SDR-35 PVC Sanitary Selver Service piDelines for 25 Services: includinq trenchinq, backfill and waterline protection measures Fumish & lnstall 4-ft dia. Precast Concrete Gravitv Sevrier Manholes Fumish & lnstall 8 lnch C900 PVC water main pipe; lncluding all tees, bends, fittings, Mega Lugs and other ioint restraint Fumish & lnstall 8-inch lsolation Gate Valves & Boxes Furnish & lnstall 1" Pure Core SDR-9 Class 200 PE Water Service Lines for a total of 25 lots W Curbstoo & Coro Stoo Fumish & lnstall new Fire Hydrant Assembly, includes 6-inch C-900 PVC water pipe, gate valve, riser box. Meoa Luos and other ioint restraint. & aoourtenances. Connection to existing waterline on Oak Way North [Excluding Gate Valve vfiich is ltem WS-2 abovel connection to exsting waterline on silver King court [Excluding Gate valve whlch Is ltem ws-2 abovel Miscellaneous Miscellaneous and Continqency Item # ss-1 SS-2 SS-3 ss4 Water WS-1 ws-2 WS-3 WS-4 ws-5 WS-6 M-1 sys. o oo- =Loo()b g.;' Gio U, o E(t, o .Gt U' :G (/) -ots =oo:ooooi-c<(E -.1 FoF Oak Meadows PUD - Filing 4 - Phase ill Project: 0338U2020 H:10338 202 &signlQuantitbswinal Construction Cost Estimate - 20231228.x1sx De@nber2a,2023 Gamba and Associates, lnc. Page 1 of 1 Exsrur C Reclamation Cost Estimate s 22.567.92 $18,054.33 $5.000.00 $45,622.25 $1.25 $1.00 $ 5.000.00 SUBTOTAL Oak Meadows PUD - Filinq 48 - Phase lll Reclamation Gost Estimate 18,054.33 18.054.33 1.00 SY SY LS Regrade all disturbed areas Reveqetate all disturbed areas with specified seed mix Remove all erosion control measures followinq establishment of reveoetation RC-1 RC-2 RC-3 o G G ooq Oak Meadows PUD - Filing 4 - Phase ill Project: 033812020 H:l033S 2o2qDesignlQuantjtieslFinal Construction Cost Estimate - 20231228.xtsx Dehmber2a,2023 Gamba ancl Associates, lnc. Page 1 of 1 { '. ExnrnrrD Treasurer's Deposit Agreement (*TDA") Page 1 of 6 2024 GARFIEI,D COI'NTY EREASI'RER'S DEPOSIT AGREEMENT REVEGETATION TDA THIS 2024 GARF]ELD COUNTY TREASURER' S DEPOS]T AGREEMENT _ IMPROVEMENTS ("Deposit Agreement") is entered into by and between the Garfield County Board of County Commissi-oners (*BOCC-), the Garfietd County Treasurer, Carrj-e Couey ("Treasurer"), and Oak Meadows, Flling 4, Phase 3 LLC ("Owner") Recita].s 1. Owner is the owner and developer of the Filing 48, III Property (the "subdivision"), which property is depicted on the Final Plat of Filing 48, Phase III recorded on 2024 as Reception No. Plat or Final Plat of Subdivision) . 2. The Owner and Garfield County entered into a Phase Property ( Final the development Subdivision (the *SfA") 3. The owner wishes to deposit good funds for such security of thE RECLAIMATTON AND/OR REVEGETATION. Improvement Agreement on , 2024 Subdivis ion concerning use of a Garfield County in lieu of a Letter of Credit 4. The BOCC has Treasurer's or bond as such financial assurance. 5. The Treasurer is willing and able to hold such funds in accordance with the Treasurer's statutory duties outlined in Sections 30-10-701 , et seq. and 30-7-1-02, C. R. S. ' as amended. Agreement NOW THEREFORE, i-n consj-deration of the foregoing Recitals, the parties agree as follows: Owner's Treasurer's Account. Owner shall deposit with the Treasurer the sum of Fifty Thousand One Hundred Eighty-Four Dollars and Forty-Eight cents ($50,I84.48), to be held in escrow as security for the estimated costs of reclaiming the Property (as defined in the SIA) to the state in which it existed at the day of this Agreement, as detailed in Exhibit C to the SIA. In consideration of the service fee payable to the Treasurer, identified j-n Paragraph 2, below, the Treasurer shall place the approved Owner's Deposit Agreement 1. Page 2 of 6 funds in an interest-bearing account and disburse funds therefrom in accordance with the terms of this Deposit Agreement. Such account shall- be known as the "Oak Meadows, Filing 4, Phasc 3 Treasurer's Account" and shall be subject to the terms and conditions of this Deposit Agreement. 2. Treasurer's Service Fee. The Treasurer's service fee shall be, in accordance with Section 3O-1,-I02 (1) (c), C.R.S./ as amended, one percent (1.0?) of the deposited funds, i.e., Eight hundred thirteen dollars and zero cents ($813.00). The service fee covers administrative costs incurred by the Treasurer in distributing and accounting for the Oak Meadows, Filing 4, Phase 3 Treasurer's Account. Such fee shal1 be paid by Owner in cash or by check made payable to the Garfield County Treasurer, as noted in the "Receipt" section of this Deposit Agreement (page 5-6), on or before the date of Treasurer's execuLion of this Deposit Agreement. The service fee is deemed to be earned by the Treasurer upon execution of this Deposit Agreement. Interest earned on the Oak Meadows, Filing 4, Phase 3 Treasurer's Account shall be paid to Owner as detai"l-ed in Paragraph 3 , be1ow. The Treasurer shall thereafter provide to Owner a report of interest earned, as required by state and federal tax law. Owner shall provide a completed Form W-9 to the Treasurer at the time t.he deposit is m: Aa 3. D'i shrrrsemenl Proceclr-rre. Dishurrsement from Meadows, Filing 4, Phase 3 Treasurer's Account shalt be the Treasurer upon the written direction of the BOCC, as A. Request for Review and Approval.Upon completion of Revegetation Plan, as defined in the SIA, Owner shall provide a certification of final completion of Revegetation plan signed by Owner's licensed engineer, along with a written request for release of security and request an inspection by the Garfiefd County Vegetation Management 945-7311 Ext 4305. the Oak made by follows: County Commissioners refuses approval of the engineer's certification of approval, the BOCC shal1 provide written notice of deficiency and Owner shall correct the identified deficiencies. C. Single Request for Disbursement. This Deposit Agreement does not provj-de for successive partial releases or disbursements from the Oak Meadows, Filing 4, Phase 3 Treasurer,s Account. One (1) final disbursement sha1l be requested by Owner, upon completion of the Revegetation PIan. B. Deficienci-es. If the Board of Page 3 of 6 D. Request for Di sbursement /Re lease . request disbursement by means of a written Disbursementr" addressed to the BOCC and delivered t County Community Development Department- The Disbursement shall be accompanied by certificatio Owner's engineer. to Treasurer", in a Owner shafl "Request for o the Garfiefd Request for rrt stamped by form and E.BOCC's Acknowledqment and Direction. U pon review of the submittals required by subparagraph D. ,above, Lf the BOCC approves Owner's engineer's certification and county Vegetation Management, s inspection, the BOCC shall issue its "Acknowledgment of Satisfaction and Direction substantiatly similar to that incorporated herein by reference as document*Exhibit A" attached to Completion of Reveqetation. If Owner's completion of Revegetation is deemed unsatisfactory, in the sole discretion of the BOCC, within the period of time defined in Paragraph 4, below, or if the BOCC determines that Owner will not or cannot complete the Revegetation, the BOCC may withdraw and employ from the Oak Meadows , FrLtnq 4, Phase 3 Treasurer's Account such funds as may be necessary to carry out Revegetatj-on of the improvements. If funds are inadequate, responsibility to complete remaining Revegetation shall be that of t.he Owner, not the BOCC. If the BOCC elecLs to complete the Owner's work, expenditure on the effort shall be no more than the principal amount of the Oak Meadows, Filing 4, Phase 3 Treasurer's Account, plus interest, under terms of Paragraph 2, above. If the cost of the work to the BOCC is less than the amount available, the BOCC shall return the overage to Owner within a reasonable period of time following completion by the BOCC. 4. Term. The term of this Deposit Agreement shal1 begin on the date of execution, as defined below, and end on or before the date of execution plus twenty four (24) months. If Owner has failed to complete the Revegetation within this term, alf funds hetd under this Agreement shall continue to be maintained by the Treasurer until needed for completion of Revegetation by the BOCC under paragraph 3F. tr Waiver, Consent and Indemnitv. Owner consents to the E. BOCC'S disbursement procedure and other actions for by the terms of this Deposit Agreement. against the BOCC and the Treasurer, their agents and contractors, on account of each authorized and provided Owner waives any claim officers, employees, of their good faith Page 4 of 6 performance of thei-r obligations under this Deposit Agreement. Owner shal1 defend, indemnify and hol-d harmless the BOCC and theTreasnrer, thelr officers, emproyees, agents and contractors, from and against any craim made on account of this Deposi-t Agreement. 6. rndemni-fication of Treasurer. owner and the Bocc each shalI mutually defend, indemnify and hold the Treasurer harmless from any claim made. owner and the Bocc each waive any claim against the Treasurer involving this Dcposit Agreement, unless such claim is premised upon the wanton and wifl-ful misconduct ofthe Treasurer. 1 . Binding Effect.This Deposit Agreement shalf be bindingon the successors and assigns of alt parties and shal-l termlnate upon final disbursement of funds held by the Treasurer in the Oak Meadows, Filing 4, Phase 3 Treasurerrs Account. B. Immunity.Nothing contained in this constitutes a waiver of governmental immunity BOCC under Coforado law. Deposit Agreement applicable to the The making and execution of this Deposit Agreement sharl not be deemed to create a partnership, joint venture r or agency or fiduciary relationship among the parties. ration.This Deposit Agreement constituLes theentire agreement among the parties pertaining to the method ofdeposit and disbursement of the oak Meadows, Firing 4, phase 3Treasurer's Account. No supplement, modification or amendment ofthis Deposit Agreement, other than changes as to noticeinformation, sharr be binding unless executed in writing in a document of equal formality as this Deposit Agreement. Any notice required or permitted by thisDeposit Agreement shall be given in writinq and shall be effective upon the date of deliveryr or attempted delivery if derivery isrefused. Delivery shall be made in person, or hy cerl-i fierl retnrnreceipt requested u.s. Mail or receipted delivery service to: BOCC 9. No Agency. 10. Inte 11. Noti ces c/o ConurLurrity Development al-tn: Glenn Hartmann, Director 108 Bth Street, 4th Floor Gfenwood Springs, CO 81501 Phone : 9'7 O-9 45-I3'71 oAK MEADOWS, FILING 4, PHASE 3 LLC, a Colorado Limited Liabilitv Company By Gary Johnson, Managing Member Phone :91 0-31 9-3632 WHEREFORE, be effective on noted below. Page 5 of 6 Garfield CountY Treasurer Carrie CoueY 109 Bth Street, Suite 2O4 Glenwood SPrings, CO 81601 Phone: (970) 945-6382 changes in address, phone number and identity of contact person(s) ' shall be made in writing, and may be made without formal amendment of this DePosit Agreement' the parties have caused this Deposit Agreement to the date of execution by the BOCC, as beneficiary' ATTEST: BENEFICIARY: BOARD OF COUNTY COMMISSIONERS GARFTELD COUNTY, COLORADO By: Clerk to the Board John Martin, Chairman Date: DEPOSIT HOLDER: GARFIELD COUNTY TREASURER By: Carri-e CoueY, Treasurer Date: DEPOS ITOR/OWNER : By Page 6 of 6 Date:o State of Colorado County of Garfield ) ) ss. ) Subs 2024, by crj-bed and sworn to before me this _day of Witness my hand and officlal seal.My Commission expires: Notary Public RECE T PT Check No. Cash Form W-9: Received By: Print Name: Ti l'l a. Office of the Treasurer Date: Form 1099 shall be sent to: ior [,/ ExHIur E Treasurer's Release EXHIBIT E to SIA EXHIBIT A to TDA ACKNOWLEDGMENT OF SATISFACTION AND DIRECTION TO TREASURER TREASURER'S DEPOSIT AGREEMENT Recitals l. Oak Meadows, Filing 4, Phase 3 LLC, a Colorado limited liability company, entered into a 2024 Garfield County 'l'reasurer's Deposit Agreement with the Board of County Commissioners of Garfield County, Colorado ("BOCC") and the Treasurer of Garfield County, Colorado ("Treasurer") dated and recorded on as Reception Number of the Real Estate Records of the Garfield County Clerk and Recorder ( "Deposit Agreement") 2. Oak Meadows, Filing 4, Phase 3 LLC has presented certification to the BOCC from a licensed engineer that construction of Improvements is final and/or written approval from the Garfield County Vegetation Manager that revegetation is successful related to Grading Permit number Acknowledsment NOW THEREFORE, at the request of Oak Meadows. Filing 4. Phase 3 LLC and in consideration of the premises and the prior agreements contained in the Deposit Agreement the BOCC hereby: l. acknowledges full satisfaction of the security requirements of the Grading Permit; 2. authorizes disbursement of funds from the Treasurer's Account in the amount of $50.184.48, resulting in a remaining balance of $-0- 3. authorizes and directs the Treasurer's Account to Meadows, Filing 4, Phase 3 LLC ATTEST Cierk to the Boarci release the funds held in the an authorized representative of Oak Treasurer to BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO By: John Martin, Chairman Date With Copies to: JVAM PLLC c/o Chad Lee PO Box 878, Glenwood Springs Colorado 81602 Special Warranty Deed [Roads and Open Space] (Pursuant to C.R.S. 38-30-1 13(lXb) This Deed, effective and signed on the date(s) acknowledged below, by Grantor, Oak Meadows, Filing 4, Phase 3 LLC whose street address is 320 Big Pinon Dr., City of Basalt, County of Eagle and State of Colorado, for consideration of ten dollars and other good and valuable consideration, in hand paid, hereby sells and conveys to the Oak Meadows Homeowner's Association (Grantee), whose street address is l00l Grand Ave, Ste. 210, City of Glenwood Springs, County of Garfield and State of Colorado, the following real property in the County of Garfield and State of Colorado, to wit: That certain roadway tract set forth as Lynx Lane on the Final Plat for Oak Meadows Ranch, Filing No. 4, Phase 3, recorded in Garfield County on at Reception No.(ooFinal Plato'), together with; Native Open Space Parcel 1, Native Open Space Parcel 2, and Native Open Space Parcel 3o all as depicted on the Final Plat, together with; The perpetual nonexclusive easements labeled on the Final PIat as storm water and/or drainage easements for the installation and maintenance of drainage facilitieso together with the right to trim interfering trees and brush, with perpetual right of ingress and egress for installation and maintenance of such lines and facilities; with all its appurtenarlues and warrants Lhc til.le [ti [hc sarrre against all persons claiming under Grantor, subject to the Statutory Exceptions; and a two-year warranty from the effective date of this Deed that the improvements located within the real property dedicated hereby have been constructed in a good and workmanlike manner and the materials are free from defects, and any water and sewer facilities dedicated or conveyed by this Deed are free and clear of any security interest or other lien or encumbrances. Grantee shall be solely responsible for the maintenance, repair and upkeep of said streets and roads, rights of way, and easements dedicated hereby, including the traveled surface of the roadways and portions of the rights of way outside of the traveled surface. All easements and rights granted hereby shall be utilized in a reasonable and prudent manner. *Signature page attached* Page 1 of 2 Special Warranty Deed With Copies to: JVAM PLLC c/o Chad Lee PO Box B78, Glem,vood Springs Colorado 81602 Oak Meadows, Filing 4, Phase 3 LLC By: Gary Johnson, Manager State of County of The foregoing Special Warranty Deed was acknowledged before me on this day of by Gary Johnson as Manager of Oak Meadows, Filing 4, Phase 3 LLC Witness my hand and official seal My Commission expires: Notary Public Page 2 of 2 Special Warranty Deed ) ) ) ss. Garfield County STATEMENT OF AUTHORITY Pursuant to C.R.S. 538-30-172, the undersigned executes this Statement of Authority on behalf of OakliHors, Filing4, Phase 3 ILC 3 Cdorado (ee+eratie", limited liability company, limit€+?artnership, lim'ted patnership a€s€eiatienr goyernment ager€y, trust er ether), an entity other than an individual, capable of holding title to real property (the "Entity''), and states as foltows: The name of the Entity is Oak Meadors, Filins 4, Phase 3 LLC and is formed under the laws of Cobrado The mailing address for the Entity is 320 Big Pinion Drive, Basalt, Colorado 81621 The name and/or position of the person authorized to execute instruments conveying, encumbering or othenvise affecting title to real property on behalf of the Entity is GaN Johnson, Manaoar The limitations upon the authority of the person named above or holding the position described above to bind the Entity are as follows (if no limitations, insert "None"):None Other matters concerning the manner in which the Entity deals with any interest in real property are (if no other matter, leave this section blank): EXECUTED this day of ,l^un*"^20-7L . Signature: Name ( Title (if any): srArE oF C oL"rc./o I couNrY or Bo&,"td lssi The by instrument was acknowledged before me this 3d'day of on behalf of 20e3 a '(Date) ( (Notary rflrrl JANETTE R. GI}THRIE_ Nolary Public Stote of Colorado Norary lD r 19874078?80 Mv Commission Exoires O1-11-2025 lsEALl SUPPLEMENTAL DECLARATION FOR OAK MEADOWS RANCH, FILING 48, PHASE III THIS SUPPLEMENTAL DECLARATION FOR OAK MEADOWS RANCH, FILING 48, PHASE III ("Supplemental Declaration"), is made to be effective as of the _ day of 2024, by OAK MEADOWS, FILING 4, PHASE 3 LLC, a Colorado li mited liability company ("Re-Subdivision Declarant") and is applicable to certain real property located as legally described on Exhibit A attached hereto and made a part hereof (the "Filing 48, Phase III Property"). WHEREAS, Re-Subdivision Declarant is the owner of Filing 48, Phase III Property; WHEREAS, Filing 48, Phase III Property comprises a portion of Area I, Oak Meadows Ranch Filing No. 48, Phase No. III, as such Area I is depicted and described on the plat of Meadows Ranch, Oak Meadows Filing No. 4, recorded January 26, 1977 in Cabinet No. l, Page 388, as Reception No. 276561, Garfield County, Colorado (the "Oak Meadows Filing No. 4 Plat"), which Oak Meadows Filing 4Platdepicts and describes all of the lands comprising "Oak Meadows Filing 4"; WHEREAS, Oak Meadows Filing 4, including Filing 48, Phase III Property, are subject to the terms and conditions of the following: (l) the "General Declaration for Oak Meadows Ranch Garfield County, Colorado" recorded January 26,1977 in Book 492 atPage 894,at Reception No. 276560, Garfield County, Colorado, as amended by the "Restatement of Section 4.8 of General Declaration for Oak Meadows Ranch Garfield County, Colorado" recorded in Book 521 atPage 932, and at Reception No. 292809, Garfield County, Colorado (collectively, the "General Declaration"), and the term and conditions of the "Oak Meadows Reorganization Agreement" recorded August ll, 1995 in Book 950 at Page 56, and at Reception No. 481864 ("Reor ganization Agreement"); WHEREAS, Section 2.6 of the Reorganization Agreement sets forth a definition of "Filing 4B", which is the portion of Oak Meadows Filing 4 that includes Filing 48, Phase III Property; WHEREAS, the Oak Meadows Homeowners Association, a Colorado non-profit corporation, is the "Association" under the General Declaration; WHEREAS, pursuant to the Reorganization Agreement, Oak Meadows Service Company, a Colorado non-profit corporation ("OMSC"), is the successor "Declarant" under the General Declaration, and owns, manages, and operates the Oak Meadows Water and Sewer System for Oak Meadows Filing 4, including Filing 48, Phase III Property; WHEREAS, on July 21,2008, the BOCC, by ResolutionNo.2008-95 and recorded as Reception No. 735652, Garfield County, Colorado, approved a preliminary plan for Filing 48, Phase III Property as "A Resolution Concerned with Approval of a Preliminary Plan for a25 Lot Phase of a Subdivision Known as 'Oak Meadows Ranch PUD, Filing 4, Phase III' and Property owned by oak Meadows III, LLC, Garfield County" ("Preliminary Plan Approval") which Page l of 9 Preliminary Plan Approval, among other things, subdivided Filing 48, Phase lll Property into 25 residential lots, a 32.611acre common area parcel, and2.616 acres of quasi-public area; WHEREAS, the Preliminary Plan Approval was extetrded 11 times until September 5, 2024; WHEREAS, on Octobe r 3,2022,the BOCC, by Resolution No. 2022-34and recorded as Reception No. 979968 in the records of Garfield County, Colorado, approved an amendment to the Preliminary Plan Approval for Filing 48, Phase III Property which included a revised preliminary plan for Filing 48, Phase III Property providing for a reconfiguration of Filing 4ts, Phase III Property's planned 25 residential lots; WHEREAS, pursuant to the Preliminary Plan Approval Filing 48, Phase III Property is further subject to the terms and conditions of the Final Plat of Oak Meadows Ranch, Filing No. 48, Phase III, recorded _, at Reception No. -, Garfield County' Colorado ("Filing 48, Phase 3 Final Plat"); and WHEREAS, this Supplemental Declaration supplements the terms and conditions of the General Declaration and the Reorganization Agreement, as applicable to Filing 48, Phase III Property. NOW THEREFORE, in consideration of the covenants and agreements hereinafter set forth, Re-Declarant states and declares as follows: l. Definitions . Capitalized terms not otherwise defined herein shall have the specific meanings set forth in the General Declaration and the Reorganization Agreement. Each of the following capitalized terms shall have the following specitic meanings: a. Re-Subdivision Declarant. "Re-Subdivision Declarant" shall mean Oak Meadows, Filing 4, Phase 3 LLC, a Colorado limited liability company, its successors and assigns. b. Common Areas. "Common Areas" shall mean all real property conveyed to the Association by Re-Subdivision Declarant, or as dedicated on the Filing 48, Phase 3 Final Plat, and shall include Native Open Space Parcel l, Native Open Space Parcel2, and Native Open Space Parcel 3 as depicted on the Filing 48, Phase 3 Final Plal". c. Passive Common Space. "Passive common space" shall mean areas where there are open fields held in common ownership within which there arc tro active recreational amenities. These areas require periodic maintenance in the form of mowing or weed control and may be travcrscd by trails, roadways located within Filing No. 48 and maintained fbr the use, enjoyment and benefit of owners of sites within Filing No. 48' d. Active Recreation Space. "Active Recreation Space" shall mean areas in Filing No. 48 within which recreation facilities have been constructed or may hereafter be constructed requiring a disturbance of the earth, including tennis courts, playground structures, playground areas, parking lots to serve the recreation facilities and other Page 2 oJ 9 facilities subject to approval and regulations by OMHOA with the concurrence of Declarant during the period prescribed by Section 6.4 of the General Declaration. Such recreation facilities are developed for the use and benefit of areas within Filing 3 and Filing 4, Oak Meadows Subdivision, subject to payment by each area of opJration, maintenance and replacement costs, or costs of future facilities to be developed on the premises. e. Utilitv Space. "Utility Space" shall mean areas designated for installation, construction, maintenance and use in providing utility service for the subdivision, including water and sewer. Storage of maintenance equipment for-the benefit of the subdivision, and for parking and storage of trailers, boats, recreation vehicles, and other similar uses to be approved by OMHOA for the use and benefit of Filing 3 and Filing 4, OakMeadows Subdivision. Native Open Space. 'Native Open Space" shall mean those areas depicted on the Filing 4, Phase 3 Final Plat which shall remain largely undisturbed except ior roadways, trails and utilities. Neiqhborhood Budeet. "Neighborhood Budget" shall mean a written estimate of revenues and expenses of each neighborhood cost center within Filing 48 together with allocated common expenses budgeted by OMHOA as the proportionate costs of expenses common to Filing 3 and Filing 4, oak Meadows Subdivision. Neighborhood common Expenses. 'Neighborhood common Expenses,, shall mean those expenses which are designated to benefit solely or primarily the owners of lotswithin each neighborhood cost center. Neighborhood common expenses may be incurred in connection with operating or maintaining neighborhood colnmon u..ur, o. in connection with providing maintenance, insurance, and other services for lots in each neighborhood cost center i. Neighborhood Cost Center. "Neighborhood Cost Center" shall mean lots with similar characteristics of ownership and maintenance that have been grouped together for purposes of (a) operating and maintaining neighborhood ro--on areas theriin, or (b) providing maintenance, insurance and other services for lots therein, or the o*n"., thereof. 2. Deed Restrictions. Section 3.1 of the ReorganizationAgreement provides that the ,,Deed Restrictions" attached as Exhibit B to the Reorganization Agr-ement shall be applicable to the lands comprising Filing 48, including Filing 48, Phase III Property, and that',;yTJo facilitateconstruction and to avoid unnecessary architectural review processes, it is agreei that the condition and limitations set forth on Exhibit B attached hereto entitled 'Deed Restrictions' shall be applicable, in addition other conditions stated in the subdivision docltments.', Accordingly, the Deed Restrictions attached as Exhibit B to the Reorganization Agreement, are hereby confirmed as covenants and conditions applicable to the currently-undevelopeJ portions of Filing 48, Phase III Property as follows: Page 3 of 9 f. o{t h (a) Minimum Lot Size. Single-family tlnit,2,000 sq'ft' (b) All measurements shall be on outside foundation walls, not including open porches, garages, or carports or common elements' (c) All structures shall be constructed of either brick, stone, lumber or a combination thereof. The use of cinderblocks shall not be allowed unless it is taced with another material herein approved. Log houses shall not be approved. (d) No structure shall be placed or erected which is, or ever has been, or could be made the subject of a specific ownership tax as not defined in Title 42 of Colorado Revisei Statutes, nor shall structures constructed in the fashion and manner as trailers be allowed. Log houses and A-frames shall not be allowed. (e) All Units (including single-family and multi-family Units) shall have 2-car enclosed guiug"r, oiequivalent enclosed garage space, which shall be used for vehicle rti.ag-e and other customary garage purposes, but shall not be used as dwelling or h--abitation space under any circumstance. In addition, all Units shall include within the garage structure a storage area of not less than 80 sq. ft' per Unit in addition to the standard dimensions of a2-car garage' (f) Exterior finishes shall be of natural earth tones or native exterior materials, or such color or combination of colors as shall be approved by the Architectural Control Committee. 4. Neighborhood Common Expenses. Neighborhood common expenses shall be segregated fo."u,heighborhoodcommoneXpenSeSshallbeallocatedequally among the owners of lots in each neighborhood cost center' Wildland Fire Protection. (a) In order to minimize hazards association with wildland fires, all construction on Filing 48, phase III Property shall be consistent with the guidelines contained in the Colorado State Forest Service publication "FireWise Construcl"ion: Site design & Building Materials," dated December, 2012' (b) All roofing materials shall be identified as "Class A" non-combustible materials. 5 6. Wildlife Impact Mrlrgaligtt. Re-Subdivision Dcclarant is committed to a policy of n-,itig"t@eelk,cleer,andnumerousothermammalsandbirdsthatuseor travJrse iire subdivisions. particularly the Common Areas, and to that end, users of Filing 48' phase III property shall comply with guidelines established by the Colorado Division of Wildlif'e, including the fol lowing: Page 4 of9 (a) The provisions of BOCC Resolution No. 99-087 regarding dog control are applicable to Oak Meadows Filing 4, and users of Filing 48, Phase III Property shall comply with its provisions. (b) Fencing constructed on Lots that border the boundaries of Filing 4 shall be "game friendly', and shall conform to the following requirements: l. Wire fences shall be no higher than forty-two (42) inches, with the top wire made of 12.5 gauge, twisted, smooth wire. Fences shall construction with four (4) or less strand wires, with a minimum of one (l) foot "kick-space" between the top wire and the second wire. 2. Round rail or split rail fencing shall be no higher than forty-nine (49) inches, with a minimum of eighteen (18) inches between two ofthe rails to allow young animals to move through the fence. All rails shall be split-rail or round-log type iails, and shall not be flat rails. (c) All disturbed areas around structures shall be re-vegetated. Each Owner shall be responsible for control of noxious weeds on such owner's Site. (d) Trash shall be secured in "bear proof' containers, including during construction. (e) All grills and BBQs shall be securely housed inside of a garage or other structure when not in use, and cleaned of leftover food and grease to avoid attracting bears to the area. (f) Pet food shall not be left outside where it will attractwildlife. (g) Pets shall not be allowed to roam unattended when not contained within a fence on an Owner's Property. Owners are subject to legal action if pets chase or harass wildlife. construction workers shall not be permitted to have dogs on-site. (h) Bird feeders are permitted, but must be hung a minimum of ten feet (10') off the ground and shall have a seed catchment. (i) owners are responsible for removal of dead wildlife from their property. Site Restrictions. (a) Setbacks. Setbacks for each Site shall be as set forth on the Filing 48, Phase 3 Final plat. (b) Building Height. Maximum building height on each Site shall not exceed twenty-five (25) feet. (c) Parking. Parking shall be restricted to one side of Lynx Lane, which shall be the right side of Lynx Lane, as viewed from the intersection of Oak Way North towards Silver King 7 Page 5 of 9 I I Loop between the Native Open Space Parcels 2 and 3. The Assooiation is authorized to enforce this provision. (d) !,irenlaces. No open hearth, solid fuel fireplaces shall be allowed. One (1) ncw solid-fuel' Uu*ing stove as defined by C.R.S. 25-7-4Ol,et seq, will be allowed in any dwelling Unit. All dwelting Units will be allowed an unrestricted number of natural gas buming stoves and appliances. (e) Lighting. Except as may be necessitated by safety concerns, exterior lighting shall be the minimum amount necessary, and all exterior lighting shall be situated in a manner so as to minimize glare to adjacent Sites and Units. (f) Foundations. All foundations shall be designed by a qualified, licensed professional' .trg-"".J"d in accordance with the recommendations in the engineering report prepared by Hepworth-Pawlak Geotechnical, Inc. April 15, 1998, Job #196 420. Page 6 of 9 IN WITNESS WHEREOF, the undersigned executed this Supplemental Declaration as of the date written above. OAK MEADOWS, FILING 4, PHASE 3 LLC, a Colorado limited liability company By Gary M. Johnson, Managing Member STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 2024, by Gary M. Johnson as Managing Member of Oak Meadows, Filing 4, Phase 3 LLC, a Colorado limited liability company. Witness my hand and official seal. My commission expires: Notary Public ss. ) ) ) Page 7 of 9 EXHIBIT A Legal Description of Oak Meadows Ranch, Filing No. 4, Phase III A parcel of land located in Section 15, Township 7 South, Range 89 West of the Sixth Principal Meridian and consisting of a portion of Area I of Oak Meadows Ranch - Oak Meadows Filing No. 4, as said Area I is described and appears on Lhe plat recorded as Reception No, 276561 in the office of the Garfield County Clerk and Recorder; said parcel being described as all of said Area I, excepting therefrom that portion of said Area I lying within the boundary of Oak Meadows Ranch, Filing No. 48, Phase II, as the same is described and appears on the plat recorded as Reception No. 677734; and also excepting therefrom the parcel of land described in the Special Warranty Deed recorded in Book 1575 Page 274; said parcel being more particularly described as follows: Beginning at a point on the boundary of Oak Meadows Ranch Filing No. 4 recorded at reception number 276561, in the Garfield County Clerk and Recorders Office; whence the southwest corner of Section 15 bears S 02"59'12" I4la distance of 2295.61 feeU whence the south quarter corner of said Section 15 bears S 89o44'38" E a distan ce of 2624.04 feeU said bearing being the basis of bearing; thence from the Point of Beginning along the boundary of said Oak Meadows Ranch Filing No. 4 the following 2 courses: 1. N 00"41'27' E a distance of L325.86 feet; 2. S 89"1-8'33 " E a distance of 1118.99 feet; To a point on the boundary of the Roaring Fork School District RE-1 parcel as described in the Special Warranty Deed recorded in Book 1575 Page 27 4; thence along said school parcel boundary the following three courses: t. S 00"07'A2" W a distance of 438.63 feet; 2. S 89"17'31-' E a distance of 453.93 feet; 3. 178.00 feeL ulung LIrc urc of a non-tangent curve to the right, ltaving a radius of 376.96 feet, a central angle of27"03'19", end the chord bears N 41o07'0L" E a distance of 176.35 feet; To a point on the westerly right-of-way of Oak Way North as described on the plat of Oak Meadows Ranch Filing No. 4 recorded at reception number 276561in the Garfield County Clerk and Recorders Office; thence along said right-of-way the following three courses: 1,. 446.02 feet along the arc of a non-tangent curve to the left, having a radius of 27 6.96 feet, a central angle o[ 92o1,6'1,3", arld the chord bears S 0B'21'19" W a distance of 399.36 feet; 2. 137 .23 feet along the arc of a tangent curve to the right, having a radius of 445.1.3 feet, a central angle ofL7"39'49", and the chord bears S 28"56'53" E a distance of 136.69 feet; 3, S 20'07'02" E a distancc of 484.06 fcct; To a point on the northerly boundary of Oak Meadows Ranch Filing No. 48, Phase II recorded at reception number 677734; thence along said northerly boundary the following seventeen courses: Page I o.f 9 1.. 20.4L feet along the arc of a non-tangent curve to the right, having a radius of 50.00 feet, a central angle of 23"23'04", and the chord bears N 60"24'39" W a distance of 20.27 feet; 2. 81.65 feet along the arc of a tangent curve to the left, having a radius of L00.00 feet, a central angle of 46"46'46", and the chord bears N 72'06'30" W a distance of 79.40 feeU 3. 27 .55 feet along the arc of a tangent curve to the right, having a radius of 20.00 feet, a central angle of 78"55'19", and the chord bears N 56'02'13" W a distance of 25.42 feet 4. N 16"34'34" W a distance of 5.50 feet; 5. S 73"25'26" W a distance of 50.00 feet; 6. S t6'34'34" E a distance of 33.16 feeU T. B1.BT feet along the arc of a non-tangent curve to the right, having a radius of 135.00 feet, a central angle of34"44'46", and the chord bears N 86"57'37" W a distance of 80.62 feet; B. N 69'35'L4" W a distance of 41.85 feeUg. 66.1,4 feet along the arc of a tangent curve to the right, having a radius of 285.00 feet, a central angle of 13oI7'47" , and the chord bears N 62"56'2L" W a distance of 65.99 feeU 10. N 56"17'27" W a distance of 3.93 feeU 1.1..69.43 feet along the arc of a tangent curve to the left, having a radius of L65.00 feet, a central angle of 24"06'39", and the chord bears N 68"20'46" W a distance of 68.92 feet; 12. N 80'24'06" !V a distance of \7.51feet; 1.3.81.37 feet along the arc of a tangent curve to the left, having a radius of 315.00 feet, a central angle of 14"48'02" , and the chord bears N 87'48'07" W a distance of 81'14 feeU 1.4. S 84" 47'52" W a distance of '107 .7 7 feet; 1.5. 61.29 feet along the arc of a tangent curve to the left, having a radius of 465.00 feet, a ccntral angle of 07'33'08", and the chord bears S 81"01.'1"8" W a distance of 61 .?,5 feeU L6. S 77"L4'45" \M a distance of 62.22 feet; 17. S 00"41'27" W a distance of L02.82 feet; To a point on the boundary of said Oak Meadows Ranch Filing No, 4 recorded at reception number 276561in the Garfield County Clerk and Recorders Office; thence along the boundary of said Oak Meadows Ranch Filing No. 4 N 89"LB'33' I,'7 a distanc e of 1151.12 feet to the true point of beginning; containing44'66 acres more or less' Page 9 of 9 ArnoRpaeln Housruc Plalr aNo AcRnTMENT OlrMnloows RaNcu, FruNc 48, Prusn III This Affordable Housing Plan and Agreement (the "Plan and Agreement") is made and entered into this 2024, by and between Oar Mnanows, Ftt-tNc 4, PHasn 3 LLC, a Colorado limited liability company ("Developer") and the Boa,no oF CouNTy CovrurssIoNERs oF GaRunlo Coutttv, Cor-onaoo, acting for the County of Garfield, State of Colorado, as a body politic and corporate, directly or through its authorized representatives and agents ("BOCC" or "Garfield County"). WunRols, on July 19,1976, the BOCC, by Resolution No. 76-47 and Resolution No. 76- 48 approved a planned unit development re-zoning application for Oak Meadows Ranch, Oak Meadows Filing No. 4 according to the plat of Meadows Ranch, Oak Meadows Filing No. 4, recorded January 26, 1977, in Cabinet No. l, Page 388, as Reception No. 276561, Garfield County, Colorado (the "Oak Meadows Filing No. 4 Plat"); and WHEREAs, Developer is the current owner of certain lands (the "Property") comprising a portion of Area I, Oak Meadows Ranch Filing No. 48, Phase No. III, as such Area I is depicted and described on the Oak Meadows Filing No. 4 Plat; WHEREAS, the Properfy is an approximately 44.67 acre parcel of land located in Garfield, County, Colorado, and legally described on Exhibit A attached hereto and made apart hereof; WHEREAS, on July 21, 2008, the BOCC, by Resolution No. 2008-95 and recorded as Reception No. 735652, Garfield County, Colorado, approved a preliminary plan for the Property as 'oA Resolution Concerned with Approval of a Preliminary Plan for a 25 Lot Phase of a Subdivision Known as 'Oak Meadows Ranch PUD, Filing 4, Phase III' and Property owned by Oak Meadows lll LLC, Gaafield County" ("Preliminary Plan Approval") which Preliminary Plan Approval, among other things, would re-subdivide the Property into 25 residential lots, a 32.611 acre common area parcel, and 2.616 acres of quasi-public area; WunRras, on October 3,2022, the BOCC, by Resolution No. 2022-34 and recorded as Reception No. 979968 ('zAmended Preliminary Plan Approval"), Garfield County, Colorado, approved an amendment to the Preliminary Plan Approval for the Property which included a revised preliminary plan for the Property providing for a reconfiguration of the Property's planned 25 residential lots; WHEREAs, per the Amended Preliminary Plan Approval, condition of approval 18(b) provided that Developer shall "generate three additional units to be constructed by Garfield County Habitat for Humanity" ("Habitat"), and Wurnra,s, on _, the BOCC, by Resolution No and recorded as ReceptionNo Garfield County, Colorado, approved the Final Plat of Oak Meadows Ranch' Filins No' 4ff?:"ll;;i#1,xs recorded as Reception No' Oak Meadows Ranch P.U.D. - Filing 48 - Phase III, Garfield Counly, Colorado Affordable Housing Plan LUDC Article 8 , 2024 Page 1 of 12 on l. . ) WHnReas, as a condition of approval of the Final Plat submitted by Developer to the BOCC for approval as required by the laws of the State of Colorado, Developer wishes to enter into this Plan and Agreement with the BOCC, setting fordr certain restrictions and conditions regarding the providing of affordahle housing on the Property, all as more fully set forth helow; and Wnnnnas. the Developer. BOCC. Garfield County Housing Authority (the "GCHA") and the Habitat hereby enter into this Housing Agreement (hereinafter referred to as the "Agreement") to tulttll the housing plan approved by the BOCC at the Amended Preliminary Plan approval; and, WHEREAS, this Agreement provides for the terms of the housing plan in accordance with the Garfield County Land Use and Development Code, as amended (the "LUDC") as between GCF{A, Garfield County, Colorado, Habitat and the Developer. Now TunnEFoRE, in consideration of the mutual covenants and promises contained herein, the parties agree as follows: 1. Arronolnlr HousrNG l.l. Affordable Housing Calculation. Developer agrees to provide affordable housing mitigation in an amount equal to ten percent (10%) of the total dwelling units within the Property with fractional requirements of .49 or less rounded down to the nearest whole number and fractional requirements of .5 or greater rounded up to the nearest whole number. The maximum number of allowed dwelling units within the Property is twenty- five (25), per the Final Plat Approval. Therefore, the Developer shall provide up to three (3) Affordable Housing Units, pursuant to the terms of this Plan and Agreement. 1.2. Mitieation Types. Affordable Housi ng mitigation for the Property may be provided as Off-Site Affordable Housing Units through Habitat. I .3. Location of Off-Site Affordable Housine Units. The affordable housing units shall be constructed within Comprehensive Plan Study Area I (generally Glenwood Springs through Carbondale areas of Garfield County). The Units shall include Deed Restrictions in accordance with Habitat's guidelines. Residents must meet qualifioation guidelines as established by Habitat. 1.4. Development Schedule. Developer shall provide one affordable housing unit for every eight free market dwelling units constructed within the Property. Following the completion and issuance of Certificates of Occupancy for every eight (8) free market dwelling units within the Property, no additional building permits for additional free market dwelling units shall be issued untilthe one (l) Off-Site Affordable Housing Unit has been provided through Habitat. Oak l[eadows Ranch P.U.D. - Filing 48 Phase III, Garfield County, Colorado Affurdable Housing Plan LUDC Article 8 , 2024 Pagc 2 of 12 1.7. Eligibility. Eligibility for Affordable Housing Units will be determined by the Habitat. Households must meet all requirements of the deed restriction in Exhibit B. The owner or manager of any Affordable Housing Unit must document how eligibility was confirmed and must keep a record of any documents supporting the eligibility determination. 2. SarIsnIcuoN oF HousINc OBLIcITTONTHROUGH PARTNERSHIP WITH HINT-IA-I 2.1 Satisfaction Through Partnership with Habitat. The County agrees that Developer may satisfy its Affordable Housing Obligation partnering with Habitat for construction of the units. The initial two (2) units of Off-Site Affordable Housing Units may be provided as part of Habitat's project on 8th and Midland in Glenwood Springs ("Glenwood Project"). The Glenwood Project is under review by the City of Glenwood Springs and is anticipated to be constructed in the Summer of 2024. The project is anticipated to contain six two- bedroom units at 855 sq. ft and two three-bedroom units at 1,283 sq. feet. Developer agrees to pay for the actual final construction costs for up to two units in the Project, including two two-bedroom units, less the amount of the initial sales price for each unit calculated as contemplated by the Garfield County Code, the first being Category II (90% AMI), the second being Category III (l l0% AMI) , thereby covering the net cost of development, the difference between the actual costs of construction and the amount of the initial sales price to a qualified buyer. Actual final construction costs shall include, without limitation: a. Each Unit's share of design, labor and material costs for site development and construction of the Unit(s); b. Each Unit's share of tap fees and other utility connections; c. Each Unit's share for building permit fees, plan review fees, impact fees and/or similar requirements or costs as required by the appropriate jurisdiction(s); and Estimated final construction costs as determined by Habitat for the Glenwood Project are attached as Exhibit C. Each Unit in the Glenwood Project will be deed restricted by a deed restriction substantially in the form of Exhtblt B. The initial estimate ltrr HOA tlucs for a2 bedroom unit is $300, and for a 3 bedroom unit is $350. Actual HOA dues will be calculated after construction. The BOCC accepts Developer's contribution of the Units described above notwithstanding the fact that the two-bedroom unit is less than 950 square feet under the circumstances given the hardship to Owner of not being able to locate the Units on site, and the availability of Habitat's Project within the specific area of need. Additionally, upon satisfaction of the final unit, the average square footage of the 3 units shall meet or exceed the average square footage required by the LUDC. 2.2 Timing of Payment. Habitat shall provide written notice to Developer at least 90 days prior to the anticipated issuance of a Certificate of Occupancy for one two-bedroom unit and one three-bedroom unit in the Glenwood Project. The written notification shall include a description of the unit (location, number of units, pricing of units). Oak Meadows Ranch P.U.D. Filing 48 - Phase III, Affordable Housing Plan - LUDC Article 8 , 2024 Page 3 of 12 G arfi el d C ounly, C o lor ado After Habitat receives a Certificate of Occupancy for a Unit in the Glenwood Project, Developer shall pay Habitat the estimated final construction costs as depicted on Exhibit C. Within a reasonable time after Habitat's receipt of a Certificate of Occupancy for thc Glcnwood Project, Ilabitat shall provide Developer with an actual final constluctiorr cost update to Exhibit C. Within ten (l 0) husiness days of receipt of the updated Exhibit C, Developer shall pay Habitat the actual final construction costs for the Unit(s) or receive a refund for overpayment from Habitat. Upon receipt of payment of such actual final construction costs, Habitat shall provide written notice to Developer and Garfield County Community Development Director that Developer has satisfied its obligation to generate an Affordable Housing Unit or Units. Developer's payment of the actual final construction costs for up to two Glenwood units shall count towards Developer's obligation to deliver up to two of the three Off-Site Affordable Housing Units. The Garfield County Community Development Director shall confirm in writing to Developer that it has satisfied its obligation for up to two (2) Affordable Housing Units. After such written confirmation, Developer's remaining obligation will be to deliver one or two Off-Site Affordable Housing Unit in accordance with the Amended Preliminary Plan with Habitat. In the case Developer delivers one Unit in the Glenwood Project, Developer will need to provide an additional Unit by the l6th Building Permit and one by the24th Building Permit on the Property. In the case Developer delivers two Units in the Glenwood Project, Developer will need to provide an additional Unit by the 24th Building Permit on the Property. Such delivery shall occur in partnership with Habitat on a future project in the applicable area. This Affordable Housing Plan shall be amended with an updated Exhibit C for the new Habitat project to update estimated construction costs for the future project(s). Developer, the Garfield County Community Development Director, and Habitat shall review and approve the actual final construction costs determination for the third Affordable Housing Unit (in a similar manner to Paragraphs 2.1 and 2.2) prior to any construction of the third Unit and amend this Affordable Housing Plan to memorialize the new costs. If no such project exists, Developer must seek approval of an Amendment to the Amended Preliminary Plan in accordance with the LUDC, as amended. 2.3. Securitv to Ensure Construction of Units. The BOCC recognizes Habitat's capability to construct and deliver affordable housing units, and therefore no bond or financial security is necessaty. Nonetheless, lollowing the completion and issuance of Certificates of Occupancy for every eight (8) free market dwelling units within the Property, no additional building permits fbr additional free market dwelling units shall be issued until thc onc (1) Off-Site Affordable Housing Unit has been provided through Habitat. 3. INnnuNrplcATroN The Developer and Habitat shall indemnify and hold the GCHA and Garfield County harmless from any and all claims made against the GCHA and Garfield County by any contractor, subcontractor, materialmen, employee, independent contractor, agent or representative involved in the work necessary to comply with the Agreement, or on account of any other claims against Oak Meadows Ranch P.U.D. - Filing 48 - Phase III, Garfield County, Colorado Affurdable Housing Plan - LUDC Article I , 2024 Page 4 of 12 the GCHA and Garfield County because of the activities conducted in furtherance of the terms of the Agreement. This indemnification and hold harmless provision shall include any reasonable and customary legal expenses or costs incurred by the GCHA and Garfield County. 4. GCHA ANo GanuELD CouNrY INCUR No Ltanrllrv The GCHA and Garfield County shall not, nor shall any officer or employee thereof,, be liable or responsible for any accident, loss or damage happening or occurring during execution of the housing plan pursuant to this Agreement prior to the completion; nor shall the GCHA or Garfield County, nor any officer or employee thereof, be liable for any persons or property injured or damaged by reasons of the nature of said work on the housing plan, but all of said liabilities shall be and are hereby assumed by the Developer or Habitat. The Developer and Habitat hereby agrees to indemnify and hold harmless the GCFIA and Garfield County and any of its officers, agents and employees against any losses, claims, damages or liabilities for which the GCHA and Garfield County or any of its officers, agents, or employees may become subject to, insofar as any such losses, claims, damages or liabilities (or actions in respect thereof) arise out of or are based upon any performance by the Developer or Habitat hereunder; and the Developer and Habitat shall reimburse the GCHA and Garfield County for any and all legal and other expenses incurred by the GCHA and Garfield County in connection with investigating or defending any such loss, claim, damage, liability or action. This indemnity provision shall be in addition to any other liability which the Developer and Habitat may have. 5. GnNon,a.l- PRovIsIoNs 5.1 Compliance with Land Use Regulations. The Developer and its successor or assigns shall be required to obtain all necessary permits and comply with the provisions of the LUDC as the same are in effect at the time of commencement of the housing plan referred to herein. 5.2. Severability. Whenever possible, each provision of this Agreement and any other related documents shall be interpreted in such a manner as tt-r be valid urrdcr applicable law; but if any provision of any of the foregoing shall be invalid or prohibited under said applicable law, such provision shall be ineffective to the extent of such invalidity or prohibition without invalidating the remaining provisions of such subsection or document. 5.3 Amendment and Modification. The parties hereto mutually agree that this Agreement may be amended or modified from time to time, provided that such amendment or modification is in writing and signed by Garfield County, the GCHA, Habitat and the Developer or the Developer's successor(s) affected by any such amendment. 5.4 Assignabilit)r. This Agreement shall be enforceable against the Habitat and the Developer, provided, however, that in the event the Developer sells, transfers or assigns all or part of the Property, the obligations of the Developer under this Agreement as to that portion of the Property may be assumed in writing by the purchaser of the parcel, and the Developer shall have no further obligations hereunder. It is agreed, however, that Oak Meadows Ranch P.U.D. - Filing 48 - Phase III, Garfield County, Affordable Housing Plan - LUDC Article 8 , 2024 Page 5 of 12 Colorado no such assllmption of these obligations shall be effective unless the GCHA and the Garfield County Community Development Director gives its prior written approval to such assumption following an investigation of the financial condition of the purchaser, which consent shall not be unrcasonably withhcld. Thc Dcvclopcr shall not otherwise assign, transfer. convey, pledge or otherwise dispose of this Agreement without prior written consent of Garfield County, Habitat, the GCHA and the Garfield County Community Development Director, which consent shall not be unreasonably withheld. 5.5 Binding upon Successors. This Agreement shall inure to the benefit of and be binding upon the parties hereto, their respective successors, and assigns. 5.6 No Riqhts to Third Parties. This Agreement does not and shall not be deemed to confer upon or grant to any third party any right to claim damages or to bring any lawsuit, action or other proceedings against either the County or its officers, employees or agents because of any breach hereof or because of any terms, covenants, agreements or conditions contained herein. 5.7 Enforcement. At its sole option, Garfield County may enforce the provisions of this Agreement in the same manner and with the same remedies applicable to the enforcement of land use regulations pursuant to the LUDC, as they may be amended from time to time, or as otherwise provided by law. Altematively, the terms of this Agreement shall be enforceable by the BOCC or its designee by any appropriate equitable or legal action, including but not limited to specific performance, mandamus, abatement, or injunction. The remedies explicitly provided herein are cumulative, and not exclusive of all other remedies provided by law. 5.8 Notice. Any notice required pursuant to the terms of this Agreement shall be deemed given on the day that the same is placed in the United States Mail, postage prepaid, certified or registered mail, retum receipt requested. Address for giving notice to Garfield County Garfield County Attorney's Office: 108 8th Street Glenwood Springs, CO 81601 Address for giving noticc to GCHA: Address for giving notice to Developer: Oak Meadows Filing 4, Phase III, LLC Gary Johnson, Managing Member 320 Big Pinon Dr Basalt, Co 81621 Oak Meadows Ranch P.U.D. - Filing 48 - Phase III, Garfield County, Colorado Affordable Housing Plan - LUDC Article 8 , 2024 Page 6 of 12 eary@gmjcon.com 970-379-3632 With copy to: Chad J. Lee, Esq. JVAM Law PO Box 878 Glenwood Springs, CO 81602 With copy by email to chad@jvamlaw.com Address for giving notice to HFH RFV: Gail Schwartz President Habitat for Humanity Roaring Fork Valley 53 Calaway Court Glenwood Springs, CO 81601 Gai ls@habitatroarin gfork.or g 970-309-14ll With copy to: Kristen Wilmes Habitat for Humanity Roaring Fork Valley 53 Calaway Court Glenwood Springs, CO 81601 Kristenw@Habitatro aringfork.org 970-309-8179 Any party may change its address for receiving notices by delivery of at least seven (7) days' prior notice to the other party pursuant to the foregoing provisions. With respect to any successor to Developer with respect to the PUD as provided in this Agreement, unless another address is provided in writing by such successor, the notice address for such successor shall be the address on file with the Garfield County Assessor's Office or the address of such successor's Registered Agent with the Colorado Secretary of State's Office, if applicable. (Signatures are onfollowing page) Oak Meadows Ranch P.U.D. - Filing 48 - Phase III, Garfield County, Colorado Affordable Housing Plan - LUDC Article 8 , 2024 Page 7 of12 In WIrNnss Wnnnnor, Garfield County, Developer, Habitat and GCHA have executed this Affordable Housing Plan and Agreement dated to be effective as of 2024. BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO ATTEST: Bv.- Name: Its: Clerk of the Board Date OAK MEADOWS, FILING 4, PHASE 3 LLC, a Colorado Limited Liability Company By Gary M. Johnson, Managing Mernber Habitat: Habitat for Humanity of the Roaring Fork Valley By Name: Its: GARFIELD COUNTY HOUSING AND DEVELOPMENT AUTHORITY : By \T^--- ^ -r\aIIlg: Its: Oak A.[eadota,s Ranch P.U.D. - Filing 48 - Phase III, Garfield County, Colorado Affordable Housing Plan- LUDC Article 8 , 2024 Page I of 12 t. ExHrslrA [Legal Description of Property] A parcel of land located in Section L5, Township 7 South, Range 89 West of the Sixth Principal Meridian and consisting of a portion of Area I of Oak Meadows Ranch - Oak Meadows Filing No. 4, as said Area I is described and appears on the plat recorded as Reception No. 27 6561in the office of the Garfield County Clerk and Recorder; said parcel being described as all of said Area I, excepting therefrom-that portion of said Area I lying within the boundary of oak Meadows Ranch, Filing No. 4'8, Phase II, as the same is described and appears on the plat recorded as Reception No.677734; and also excepting therefrom the parcel of land described in the Special Warranty Deed recorded in Book 'J.57 5 Page 27 4; said parcel being more particularly described as follows: Beginning at a point on the boundary of Oak Meadows Ranch Filing No. 4 recorded at reception number 27 6561, in the Garfield County Clerk and Recorders Office; whence the southwest corner of Section 15 bears S 02"59'72" W a distance of 2295.61feet; whence the south quarter corner of said Section L5 bears S 89o44'38" E a distan ce of 2624.04 feet; said bearing being the basis of bearing; thence from the Point of Beginning along the boundary of said Oak Meadows Ranch Filing No, 4 the following 2 courses: 1,. N 00'47'27'E a distance of 1325.86 feet; 2. S 89"L8'33 "E a distance of 1-1-1-8.99 feet; To a point on the boundary of the Roaring Fork School District RE-1 parcel as described in the Special Warranty Deed recorded in Book 1575 Page 274; thence along said school parcel boundary the following three courses: 1,. S 00"01'02" W a distance of 438.63 feet; 2. S 89'77'31' E a distance of 453.93 feet; 3. 178.00 feet along the arc of a non-tangent curve to the right, having a radius of 376.96 feet, a central angle of 27"03'19", and the chord bears N 41"07'07" E a distance of 176.35 feet; To a point on the westerly right-of-way of Oak Way North as described on the plat of Qak Meadows Ranch Filing No, 4 recorded at reception number 276561, in the Garfield County Clerk and Recorders Office; thence along said right-of-way the following three courses: 1. 446.02 feet along the arc of a non-tangent curve to the left, having a radius of 27 6.96 feet, a central angle of92"\6'I3", and the chord bears S 0B'21'19" W a distance of 399.36 feet; 2. I37.23 feetalongthearcofatangentcurvetotheright,havingaradius of 445.13 feet, a central angle of 17"39'49", and the chord bears S 28'56'53" E a distance of 1.36.69 feet; 3. S 20"07'02" E a distance of 484.06 feet; To a point on the northerly boundary of Oak Meadows Ranch Filing No. 48, Phase II recorded at reception number 677734; thence along said northerly boundary the following seventeen courses: Oak Meadows Ranch P.U.D. - Filing 48 - Phase III, Garfield County, Colorado Affordable Housing Plan - LUDC Article B , 2024 Page 9 of 12 1. 20.41, feet along the arc of a non-tangent curve to the right, having a radius of 50.00 feet, a central angle of23o23'04", and the chord bears N 60"24'39" W a distance of 20.27 feet; 2. 81,65 feet along the arc of a tangent curve tt-r tlte left, haviug a radius of L00.00 feet, a central angle of 46"46'46", and the chord bears N 72'06'30" W a distance of 79.40 feeU 3. 27.55 feet along the arc of a tangent curve to the right, having a radius of 20.00 feet, a central angle of 78o55'19'j, and the chord bears N 56'02'1 3" W a distance of 25'42 feet 4. N 16'34'34" W a distance of 5.50 feeU 5. S 73'25'26" W a distance of 50,00 feeU 6. S 16o34'34" E a distance of 33.16 feet; 7. BL.B7 feet along the arc of a non-tangent curve to the right, having a radius of L35'00 feet, a central angle of34"44'46", and the chord bears N 86"57'37" W a distance of 80.62 feet; B, N 69"35'14" W a distance of 41.85 feeUg. 66.14 feet along the arc of a tangent curve to the right, having a radius of 285.00 feet, a central angle of L3o1,7'47" , and the chord bears N 62o56'21" W a distance of 65.99 feet; 10. N 56'17'27" W a distance of 3.93 feeU 11. 69.43 feet along the arc of a tangent curve to the left, having a radius of 1"65.00 feet, a central angle of 24"06'39", and the chord bears N 68"20'46" W a distance of 68'92 feet; 12. N 80"24'06" W a distance of 17.51, feeU 1.3.81,.37 feet along the arc of a tangent curve to the left, having a radius of 315.00 feet, a central angle of 1,4"48'02", and the chord bears N 87'48'07" W a distance of 81"14 feeU L4.584'47'52" W a distance of 107.77 feet; L5. 61..29 feet along the arc of a tangent curve to the left, having a radius of 465.00 feet, a central angle of 07o33'08", and the chord bears S 81'01'18" W a distance of 61"25 feeU 16.5 77'L4'45" W a distance of 62.22 feet; 17. S 00"41'27" W a distance of L02.82 feet; To a point on the boundary of said Oak Meadows Ranch Filing No. 4 recorded at reception number 276561, in the Garfield County Clerk and Recorders Office; thence along the boundary of said Oak Meadows Ranch Filing No. 4 N 89"18'33'Il/a distance of 1151'12 feet to the true point of beginning,' containing44.66 acres more or less, Oak Meadows Ranch P.U.D. - Filin7 48 - Phase III, GarfieldCounly, Affordable Housing Plan LUDC Article 8 , 2024 Page l0 of 12 Colorado Pr,acurolonn Fon Exrnnrr B [Deed Restriction] 1 Oak Meadows Ranch p.U.D. Affordable Housing Plan - L - Filing 48 - Phase UDC Article 8 , 2024 Page 1I of12 III, Garfield County, Colorado PLacsHoLDER FoR Exutstr C [Cost Estimates] Oak Meadotus Ranch P.U.D. - Affordabte Housing Plan LUDC Article I , 2024 Page 12 of 12 Filing 48 - Phase III, Garfield CountY, Colorado Roaring Fork Valley Building HOMES Building HOPE Building COMMUNITY Garfield County Glenn Hartman 108 8th. St., Suite 401 Glenwood Springs, CO 81601 June 19,2024 Dear Glenn, Based on our discussions, I have attached an updated description of the costs to be incurred by Habitat for Humanity to produce a two-bedroom and a three-bedroom unit at the Confluence development in Glenwood Springs. We hope that this information will be helpful in the County's effort to create an alternative housing mitigation program for developers. Habitat is very gratefulfor the County's Effort to develop this innovative and very beneficial program that we believe will be attractive to developers as an alternative to building mitigation Housing. We are also grateful for the time and energy invested in the program by the developer of Oak Meadows' We believe that the final agreement will be one that all parties wilt beneflt from. The contribution by the Oak Meadows developer will be utilized to provide two brand new homes that will be affordable two household's earning up to 80o/o of the AMI for Garfield County. lf you have questions or need additional information, please do not hesitate to call or email. Sincerely, GailSchwar2 President, Habitat for Humanity of the Roaring Fork Valley 970-309-1411 GailS@HabitatRoaring Fork.org cc: Philip Berry Kelly Cave ftHqFir"?J. I 53 Galaway Court, Glenwood Springs CO gi60i HabitatRoaringFork.org DESIGN APPROVALS AND SITE INFRASTRUCTURE' SOURCES Glenwood Springs, 8th & Midland Parcel Units mix (2BR and 3BR)6 condos 5,988 sq./ft usEs USES. DIRECT BUILDING CONSTRUCTION COSTS TOTAL HOMEBUILDING COST $1,820,352 cosTs Square foofage cosf $720 Total less land and contingencY $3,372,002 $563footage cost land and costs 192,157 Fees and permits 122,494 ram costs 684,363 Land- appraised value 490,000 lnfrastructure 476,000 Project 450,000 Total Estimated Gosts $2,415,014 HOMEBUILDING: SOURCES A'ND USES $1,820,352Condos- (6 homes - 2 buildings) sq.ff. cosf ALL IN DEVELOPMENT BUDGET Soft costs,and 999,014 Land & lnfrastructure 966,000 Homebuilding 1,820,352 lnsurance 76,636 Project ContingencY 450,000 Total $4,312,002 Actual cost of development- 3 bedroom (1,283 sq/ft) Sales price- 80% AMI affordability Net Gost of develoPment after sale proceeds $722,491 325,000 $397,491 Actual cost of development'2 bedroom (855 sq/ft) Sales price- 80% AMI affordability Net cost of after sale $481,473 250,000 $231 I:\2011\2011-350 Oak Meadows\008-Oak Meadows Phase 3 Development\Correspondence\L Mike Gamba 20240222.doc February 22, 2024 Via E-mail: mgamba@gambaengineering.com Mike Gamba, PE & PLS Gamba & Associates, Inc. RE: Oak Meadows Phase 3 – OMSCO Construction Approval Dear Mike: SGM is consulting engineer for the Oak Meadows Service Company (OMSCO). The purpose of this letter is to provide construction approval for the Oak Meadows Phase 3 project. SGM reviewed drawings titled "Oak Meadows Filing 4 – Phase 3, Water and Sewer Design” by Gamba & Associates dated 1/26/2024, the plat titled “Oak Meadows Ranch, Filing No. 4, Phase 3 – Final Plat” by Gamba and Associates dated 12/28/2023 along with a response letter. SGM recommends construction approval with the following conditions: 1. SGM will provide periodic construction inspection of the water and sewer infrastructure and will work with the Developer and OMSCO to assure the infrastructure is constructed to OMSCO’s standards so that OMSCO can assume ownership of the infrastructure before the Final Plat is recorded. The Developer has acknowledged the Final Plat will not be recorded until after the infrastructure has been constructed and thus no security deposit is required. If the Developer wishes to record the Final Plat prior to all of the infrastructure being completed, the Developer will provide security for the unconstructed infrastructure. SGM’s services of construction inspection and coordination between Developer and OMSCO will be paid for by the Developer via the cost reimbursement agreement. 2. Engineer of Record will schedule an onsite pre-construction meeting with contractor and SGM in attendance. 3. Contractor will provide construction schedule to SGM prior to commencing work. 4. Contractor will perform all pressure tests, manhole vacuum tests for water and sewer with SGM onsite with 48-hours’ notice. Pressure tests will include service lines to curb stops and cleanouts. 5. Contractor will provide a video inspection of the completed sewer lines with water flowing. 6. Engineer of Record will provide surveyed as-built drawings of the water and sewer prior to acceptance by OMSCO. www.sgm-inc.com GLENWOODcSPRINGS SSSSSSS118cWestcSixthcSt,cSuitec200c|c GlenwoodcSprings,cCOc81601c|c970.945.1004 www.sgm-inc.com GLENWOOD SPRINGS 118 West Sixth St, Suite 200 | Glenwood Springs, CO 81601 | 970.945.1004 I:\2011\2011-350 Oak Meadows\008-Oak Meadows Phase 3 Development\Correspondence\L Mike Gamba 20240222.doc 7. Developer will provide bill of sale and two-year warranty for water and sewer infrastructure. On behalf of OMSCO, thank you for the opportunity to review and provide comments regarding development of the Oak Meadows Phase 3. Sincerely, SGM Chris Lehrman, PE www.sgm-inc.com