HomeMy WebLinkAbout1.11 Improvements Agreement
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SUBDIVISION IMPROVEMENTS AGREEMENT
FOR
ZONE DISTRICT 2, McCLURE RIVER RANCH
THIS SUBDIVISION IMPROVEMENTS AGREEMENT FOR ZONE DISTRICT 2,
McCLURE RIVER RANCH (“SIA”) is made and entered into this _______ day of
_________________, 2025, by and between Aspen Polo Partners, LLP (“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
A. Owner is the owner and developer of Zone District 2 of the McClure River Ranch
PUD (the “Subdivision” or “Property”), which property is depicted on the Final Plat of Zone
District 2, McCLURE RIVER RANCH Subdivision (“Final Plat”) recorded on __________, 2025,
at Reception No. _________of the real estate records of Garfield County, Colorado (the
“Records”) and incorporated by this reference. The real property subject to this SIA is known as
Zone District 2 or Phase 2 and is described on the Final Plat.
B. On February 20, 2018, by Resolution No. 2018-10, recorded at Reception No.
904213 of the Records and incorporated by this reference, the BOCC approved a substantial
amendment to the TCI Lane Ranch PUD (including the change of the name of the PUD) on the
Subdivision. On March 13, 2018, the approved and executed PUD Guide for the Subdivision was
recorded at Reception No. 904214, and the approved and executed PUD Plan Map for the
Subdivision was recorded at Reception No. 904215 of the Records.
C. The Owner filed with the County an application to amend the PUD plan and to
divide the Property into Phase 1 and Phase 2. On August 17, 2020, by Resolution No. 2020-55,
recorded at Reception Number 945441 of the Records and incorporated by this reference, the
BOCC approved a preliminary plan for Phase 1 of the Subdivision which, among other things,
creates six “Barn Lots,” “Tract A” and “Tract B” and various building envelopes. (“Preliminary
Plan Approval”). Phase 2, also called “Tract C,” was reserved for future platting and eventual
residential development.
D. On August 17, 2020, by Resolution No. 2020-54 recorded at Reception No. 945439
of the Records and incorporated by this reference, the BOCC approved a substantial amendment
to the PUD plan and executed and recorded the PUD Guide (1st Amendment, August 2020) for the
Subdivision. Further, the BOCC approved and executed Amended PUD Plan Map for the
Subdivision which was recorded at Reception No. 945440 of the Records. All of which are
incorporated herein by this reference.
E. On December 19, 2022, by Resolution No. 2022-44, recorded at Reception No.
982013 of the Records and incorporated by this reference, the BOCC approved the Final Plat for
McClure River Ranch, Subdivision of Zone District 1, with one common ownership Tract in Zone
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District 2, and such Final Plat was recorded at Reception No. 982205.
F. Owner filed an application for approval of a Final Plat for Zone District 2 of the
Subdivision, also known as “Tract C” of the Final Plat recorded at Reception No. 982205. As a
condition precedent to the approval of the Final Plat of Zone District 2 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.
G. 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 properties 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
1. FINAL PLAT APPROVAL. The BOCC hereby accepts and approves the Final Plat of
the Subdivision, on the date set forth above, subject to the terms and conditions of this SIA,
the Preliminary Plan Approval, the PUD Guide, as amended, and the requirements of the
LUDC and any other governmental or quasi-governmental regulations applicable to the
Subdivision (“Final Plat Approval”). Recording of the Final Plat in the Records shall be
in accordance with this SIA and at the time prescribed herein.
2. OWNERS PERFORMANCE AS TO SUBDIVISION IMPROVEMENTS.
a. Completion Date/Substantial Compliance. Owner shall cause to be constructed and
installed certain subdivision improvements, identified in the Exhibits defined in
subparagraph 2.a.i., below (“Subdivision Improvements”) at Owner’s expense,
including payment of fees required by Garfield County and/or other governmental
and quasi-governmental entities with regulatory jurisdiction over the Subdivision.
Unless extended by approval of Garfield County for good cause shown, the
Subdivision Improvements, shall be completed on or before ______________,
202__ (“Completion Date”), in substantial compliance with the following:
i. Plans marked “Approved for Construction” for all Subdivision
Improvements prepared by Roaring Fork Engineering (“Owner’s
Engineer”) and submitted to the BOCC on _______________, 2025,
such plans being summarized in the list of drawings attached to and
made a part of this SIA by reference as Exhibit A; the Engineer’s
Opinion of Probable Costs, certified by and bearing the stamp of
Owner’s Engineer, attached to and made a part of this SIA by
reference as Exhibit B, which estimate includes a line item for 10%
percent of the estimated cost of the Subdivision Improvements for
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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 authority (ies) 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(h), below; and all other
requirements of this SIA have been met, then the Owner shall be deemed to have
satisfied all terms and conditions of the Preliminary Plan Approval, the Final Plat
Documents and the LUDC, with respect to the installation of Subdivision
Improvements. For future reference, if the Security or alternative security has been
released by the County as provided herein and no notice of default has been
recorded in the Records, purchasers of lots or portions of the Subdivision may rely
on the fact that the Owner has fulfilled Owner’s obligations under this SIA.
3. SECURITY FOR SUBDIVISION IMPROVEMENTS (EXCEPT RE-
VEGETATION).
a. Subdivision Improvements Security and Substitute Collateral. As security for
Owner’s obligation to complete the Subdivision Improvements, Owner shall
deliver to the BOCC, on or before the date of recording of the Final Plat of the
Subdivision, a form of security deemed adequate and agreed to be acceptable to the
BOCC, attached to and incorporated in this SIA by reference as Exhibit C
(“Security”) or in a form consistent with the Uniform Commercial Code, C.R.S. §
4-1-101, et seq. and approved by the BOCC. The Security shall be in the amount
of $___________________, representing the full estimated cost of completing the
Subdivision Improvements, with a sufficient contingency to cover cost changes,
unforeseen costs and other variables (equal to 10% of the estimated cost and as
approved by the BOCC), as set forth and certified by Owner’s Engineer on Exhibit
B, to guarantee completion of the Subdivision Improvements. The Security shall
be valid for a minimum of six (6) months beyond the Completion Date for the
Subdivision Improvements set forth in Paragraph 2.a., above. The BOCC, at its
sole option, may permit the Owner to substitute collateral other than the Security,
in a form acceptable to the BOCC, for the purpose of securing the completion of
the Subdivision Improvements subject of this Paragraph 3.a.
b. Security Requirements and Plat Recording. The Security required by this SIA shall
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be issued by a state or national banking institution acceptable to the BOCC. If the
institution issuing the Security is not licensed in the State of Colorado and
transacting business within the State of Colorado, the Security shall be confirmed
within the meaning of the Uniform Commercial Code, Letters of Credit, 4-5-101,
et seq., C.R.S., as amended, by a bank that is licensed to do business in the State of
Colorado, doing business in Colorado, and acceptable to the BOCC. The Security
shall state that presentation of drafts drawn under the Security shall be at an office
of the issuer or confirmer located in the State of Colorado. The Final Plat of the
Subdivision shall not be recorded until the security, described in this paragraph 3,
below has been received and approved by the BOCC.
c. Extension of Security Expiration Date. If the Completion Date, identified in
paragraph 2.a., above, is extended by a written amendment to this SIA, the time
period for the validity of the Security shall be similarly extended by the Owner.
For each six (6) month extension, at the sole option of the BOCC, the face amount
of the Security shall be subject to re-certification by Owner’s Engineer of the
remaining cost of completion of the Subdivision Improvements together with a
10% contingency on such remaining amount, and review by the BOCC.
d. Unenforceable Security. Should the Security expire or become void or
unenforceable for any reason, including bankruptcy of the Owner or the financial
institution issuing or confirming the Security, prior to the BOCC’s approval of
Owner’s Engineer’s certification of completion of the Subdivision Improvements,
Owner shall be in material breach of this SIA, and the this SIA shall be voidable by
action of the BOCC and, upon such action, this SIA shall be of no further force and
effect and the Final Plat shall be vacated pursuant to the terms of this SIA.
e. Partial Releases of Security. Owner may request partial releases of the Security
and shall do so by means of submission to the Building and Planning Department
of a “Written Request for Partial Release of Security”, in the form attached to and
incorporated by this reference as Exhibit D, accompanied by the Owner’s
Engineer’s stamped certificate of partial completion of improvements. The
Owner’s Engineer shall certify that the Subdivision Improvements have been
constructed in accordance with the requirements of this SIA, including all Final Plat
Documents and the Preliminary Plan Approval. Owner may also request release
for a portion of the Security upon proof that 1) Owner has a valid contract with a
public utility company regulated by the Colorado Public Utilities Commission
obligating such company to install certain utility lines; and 2) Owner has paid to
the utility company the cost of installation as required by the contract. The BOCC
shall authorize successive releases of portions of the face amount of the Security as
portions of the Subdivision Improvements, dealt with in this Paragraph 3, are
certified as complete to the BOCC by the Owner’s Engineer and said certification
is approved by the BOCC.
f. BOCC’s Investigation. Notwithstanding the foregoing, upon submission of the
Owner’s Written Request for Partial Release of Security, along with Owner’s
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Engineer’s certificate of partial completion of improvements, 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 furnished to Owner by the
BOCC within fifteen (15) business days of submission of Owner’s
Written Request for Partial Release of Security, accompanied by
Owner’s Engineer’s certificate of partial completion of
improvements, all Subdivision Improvements certified as complete
shall be deemed approved by the BOCC, and the BOCC shall
authorize release of the appropriate amount of Security including the
10% contingency associated with the released portion of the
Security.
ii. If the BOCC chooses to inspect and determines that all or a portion
of the Subdivision Improvements certified as complete are not in
compliance with the relevant specifications, the BOCC shall furnish
a letter of potential deficiency to the Owner within fifteen (15)
business days of submission of Owner’s Written Request for Partial
Release of Security.
iii. If a letter of potential deficiency is issued identifying a portion of
the certified Subdivision Improvements as potentially deficient, then
all Subdivision Improvements not identified as potentially deficient
shall be deemed approved by the BOCC, and the BOCC shall
authorize release of the amount of security related to the Subdivision
Improvements certified as complete and not identified as potentially
deficient together with the 10% contingency associated with the
released portion of the security.
iv. With respect to Subdivision Improvements identified as potentially
deficient in a letter of potential deficiency, the BOCC shall have
thirty (30) days from the date of the letter of potential deficiency to
complete the initial investigation, begun under subparagraph 3.f.ii.,
above, and provide written confirmation of the deficiency(ies) to the
Owner.
v. If the BOCC finds that the Subdivision Improvements are complete,
in compliance with the relevant specifications, then the appropriate
amount of security shall be authorized for release within ten (10)
business days after completion of such investigation.
g. BOCC Completion of Improvements and Other Remedies. If the BOCC finds,
within the thirty (30) day period of time defined in subparagraph 3.f.iv. above, that
the Subdivision Improvements are not complete, or if the BOCC determines that
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the Owner will not or cannot construct any or all of the Subdivision Improvements,
whether or not Owner has submitted a written request for release of Security, the
BOCC may withdraw and employ from the Security such funds as may be
reasonably necessary to complete construction of the Subdivision Improvements in
accordance with the specifications, up to the face amount or remaining face amount
of the Security. In such event, the BOCC shall make a written finding at a public
meeting after notice to Owner regarding Owner’s failure to comply with this SIA
prior to requesting payment from the Security, in accordance with the provisions of
Article 13 of the LUDC.
h. Final Release of Security. 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 including any required off-site improvements,
have been constructed in accordance with the 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) copies of instruments conveying real
property, if any, and other interests, if any, which Owner is obligated to convey to
the Homeowner’s Association of the Subdivision at the time of Final Plat Approval;
and 3) a Written Request for Final Release of Security, in the form attached to and
incorporated herein as Exhibit E, along with Owner’s Engineer and certificate of
final completion of improvements.
i. The BOCC shall authorize a final release of the Security after the
Subdivision Improvements are certified as final to the BOCC by the
Owner’s Engineer and said final certification is approved by the
BOCC. If the BOCC finds that the Subdivision Improvements are
complete in accordance with the relevant specifications, the BOCC
shall authorize release of the final amount of Security within ten (10)
business days following submission of the Owner’s Written Request
for Final Release of Security.
ii. Notwithstanding the foregoing, upon Owner’s Written Request for
Final Release of Security, accompanied by Owner’s Engineer’s
certificate of final completion of improvements, the BOCC may
determine to inspect and review the Subdivision Improvements
certified as complete. If the BOCC does so review and inspect, the
process contained in paragraph 3.f., above, shall be followed.
iii. If the BOCC finds that the Subdivision Improvements are complete,
in accordance with the relevant specifications, the BOCC shall
authorize final release of Security within ten (10) days after
completion of such investigation.
iv. If the BOCC finds that the Subdivision Improvements are not
complete in accordance with the relevant specifications, the BOCC
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may complete remaining Subdivision Improvements or pursue its
remedies in accordance with the process outlined in paragraph 3.g.,
above.
4. SECURITY FOR REVEGETATION. NOT APPLICABLE.
5. WATER SUPPLY AND WASTEWATER/SEWER. As stated in paragraph 13, below,
prior to issuance by the BOCC of any certificates of occupancy for any residences or other
habitable structures constructed within the Subdivision, the owner of the habitable structure
shall install, connect and make operable a water supply and distribution system for potable
water, fire protection and irrigation water in accordance with approved plans and
specifications. All easements necessary for installation, operation, service and
maintenance of such water supply and distribution system(s) shall be as shown on the Final
Plat. Wastewater and sewer collection shall be pursuant to private systems on Lots or
Tracts. To the extent not dedicated on the Final Plat, Owner shall deposit with the Garfield
County Clerk and Recorder executed originals of the instruments of conveyance for
easements appurtenant to the water supply(s), for recordation following recording of the
Final Plat and this SIA. All facilities and equipment contained within the water supply
system shall be transferred by Owner to the Homeowner’s Association of the Subdivision
by bill of sale.
6. PRIVATE ROADS. All roads within the Subdivision shall be private roads operated by
the Homeowner’s Association. On the Final Plat, Owner has dedicated to all emergency
service providers easements for access throughout the Subdivision. The Homeowner’s
Association of the Subdivision shall be solely responsible for the maintenance, repair and
upkeep of said easements, 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 easements within the Subdivision.
7. UTILITY EASEMENTS. Whether or not utility easements exist elsewhere in the
Subdivision, all roads within the Subdivision shall contain easements for installation and
maintenance of utilities. Public utility easements shall be dedicated by the Owner to the
public utilities on the Final Plat, subject to the Garfield County Road and Right-of-Way
Use Regulations, recorded as Reception No. 643477, in the records of the Garfield County
Clerk and Recorder, as amended. The Homeowner’s Association of the Subdivision shall
be solely responsible for the maintenance, repair and upkeep of said public utility
easements, unless otherwise agreed to with the public utility company(ies). The BOCC
shall not be obligated for the maintenance, repair and upkeep of any utility easement within
the Subdivision. In the event a utility company, whether publicly or privately owned,
requires conveyance of the easements dedicated on the Final Plat by separate document,
Owner shall execute and record the required conveyance documents.
8. CONVEYANCE OF OPEN SPACE. Not Applicable.
9. INDEMNITY. The Owner shall indemnify and hold the BOCC harmless and defend the
BOCC from all claims which may arise as a result of the Owner’s installation of the
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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 governmental immunity granted to the BOCC by Colorado statutes and case law.
10. 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.
11. FEES IN LIEU OF DEDICATION OF SCHOOL LAND. Owner shall make a cash
payment in lieu of dedicating land to the RE-1 School District, calculated in accordance
with the LUDC and the requirements of state law. The Owner and the BOCC acknowledge
and agree that the cash in lieu payment for the Subdivision is calculated as follows:
unimproved per acre market value of land, based upon a comparative market analysis
submitted to the BOCC by Owner, is $________________ per acre; and Land dedication
standard: 12 single-family dwelling units x _____ students generated per dwelling unit (for
mixed-use ADUs) equals ______ acres. The Owner, therefore, shall pay to the Garfield
County Treasurer, at or prior to the time of recording of the Final Plat
____________________________________ US dollars ($___________) as a payment in
lieu of dedication of land to the RE-1 School District. Said fee shall be transferred by the
BOCC to the school district in accordance with the provisions of 30-28-133, C.R.S., as
amended, and the LUDC. The Owner agrees that it is obligated to pay the above-stated fee,
accepts such obligations, and waives any claim that Owner is not required to pay the cash
in lieu of land dedication fee. The Owner agrees that Owner will not claim, nor is Owner
entitled to claim, subsequent to recording of the Final Plat of the Subdivision, a
reimbursement of the fee in lieu of land dedication to the RE-1 School District.
12. SALE OF LOTS. No lots, tracts, or parcels within the Subdivision may be separately
conveyed prior to recording of the Final Plat in the records of the Garfield County Clerk
and Recorder.
13. BUILDING PERMITS AND CERTIFICATES OF OCCUPANCY. As one remedy
for breach of this SIA, the BOCC may withhold issuance of building permits for any
residence or other habitable structure to be constructed within the Subdivision. Further, no
building permit shall be issued unless the Owner demonstrates to the satisfaction of the
Carbondale Fire Protection District (District), if the Fire District has so required, that there
is adequate water available to the construction site for the District’s purposes. No
certificates of occupancy shall issue for any habitable building or structure, including
residences, within the Subdivision until all Subdivision Improvements, except revegetation
and off-site improvements, have been completed and are operational as required by this
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SIA.
14. CONSENT TO VACATE PLAT. In the event the Owner fails to comply with the terms
of this SIA, the BOCC shall have the ability and authority 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. It is specifically agreed that this paragraph 14 applies to the Subdivision as a
multi-phased project and, therefore, in the event the BOCC vacates the Final Plat as to the
Subdivision, subject of this SIA, the BOCC may also withhold approval of a proposed final
plat for a future phase, if Subdivision Improvements covered by this SIA are not completely
installed and operable.
15. ENFORCEMENT. Notwithstanding any other provision of this SIA to the contrary, the
BOCC shall not, except in the case of an emergency, exercise any right of enforcement or
remedy, including drawing on any security, vacating the Final Plat, refusing to issue
certificates of occupancy or building permits, initiating litigation or any other right of
enforcement or remedy, until the BOCC has provided Owner a notice of default, a
reasonable time to cure any identified deficiency(ies) and opportunity to be heard at a
public meeting to discuss the purported default, and the BOCC shall make findings in
writing concerning such default prior to commencing any action based on such default. In
addition to any rights provided by Colorado statute, the withholding of building permits
and certificates of occupancy, provided for in paragraph 13, above, the provisions for
release of security, detailed in paragraph 3, above, and the provisions for plat vacation,
detailed in paragraph 14, above, it is mutually agreed by the BOCC and the Owner, that
the BOCC, without making an election of remedies, and any purchaser of any lot within
the Subdivision shall have the authority to bring an action in the Garfield County District
Court to compel enforcement of this SIA. Nothing in this SIA, however, shall be
interpreted to require the BOCC to bring an action for enforcement or to withhold permits
or certificates or to withdraw unused security or to vacate the Final Plat or a portion thereof,
nor shall this paragraph or any other provision of this SIA be interpreted to permit the
purchaser of a lot to file an action against the BOCC.
16. NOTICE BY RECORDATION. This SIA shall be recorded in the Office of the Garfield
County Clerk and Recorder and shall be a covenant running with title to all lots, tracts and
parcels within the Subdivision. Such recording shall constitute notice to prospective
purchasers and other interested persons as to the terms and provisions of this SIA.
17. SUCCESSORS AND ASSIGNS. The obligations and rights contained herein shall be
binding upon and inure to the benefit of the successors and assigns of the Owner and the
BOCC.
18. CONTRACT ADMINISTRATION AND NOTICE PROVISIONS. The
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representatives of the Owner and the BOCC, identified below, are authorized as contract
administrators and notice recipients. Notices required or permitted by this SIA shall be in
writing and shall be effective upon the date of delivery, or attempted delivery if delivery is
refused. Delivery shall be made in person, by certified return receipt requested U.S. Mail,
receipted delivery service, addressed to the authorized representatives of the BOCC and
the Owner at the address set forth below:
Owner:
BOCC:
Aspen Polo Partners LLP
c/o Marc Ganzi, Manager
mganzi@digitalbridgellc.com
w/copy to:
Joseph E. Edwards, III
Klein Coté Edwards Citron LLC
101 South Mill St., Ste. 200
Aspen, CO 81611
Phone: (970) 925-8700
jee@kceclaw.com
Board of County Commissioners
of Garfield County, Colorado
c/o Community Development Director
108 8th Street, Suite 401
Glenwood Springs, CO 81601
Phone: (970) 945-8212
19. AMENDMENT AND SUBSTITUTION OF SECURITY. This SIA may be modified,
but only in writing signed by the Parties hereto, as their interests then appear. Any such
amendment, including, by way of example, extension of the Completion Date, substitution
of the form of Security, or approval of a change in the identity of the Security
provider/issuer, shall be considered by the BOCC at a scheduled public meeting. If such
an amendment includes a change in the identity of the provider/issuer of Security, due to a
conveyance of the Subdivision by the Owner to a successor in interest, Owner shall provide
a copy of the recorded assignment document(s) to the BOCC, along with the original
Security instrument. Notwithstanding the foregoing, the Parties may change the
identification of notice recipients and contract administrators and the contact information
provided in paragraph 18, above, in accordance with the provisions of that paragraph and
without formal amendment of this SIA and without consideration at a BOCC meeting.
20. 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.
21. VENUE AND JURISDICTION. Venue and jurisdiction for any cause arising out of or
related to this SIA shall lie with the District Court of Garfield County, Colorado, and this
SIA shall be construed according to the laws of the State of Colorado.
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IN WITNESS WHEREOF, the parties have signed this SIA to be effective upon the
date of Final Plat Approval for the Subdivision.
BOARD OF COUNTY COMMISSIONERS
ATTEST: OF GARFIELD COUNTY, COLORADO
_________________________ By: ___________________________
Clerk to the Board Chairman
Date: __________________________
OWNER:
ASPEN POLO PARTNERS LLP
By: ____________________________
________________________________
(Name and Title)
Date: __________________________
STATE OF COLORADO )
)ss.
COUNTY OF GARFIELD )
Subscribed and sworn to before me by ________________________, an authorized representative
of Aspen Polo Partners, LLP, Owner of the Subdivision, this ___ day of __________________,
2020.
WITNESS my hand and official seal.
My commission expires: ____________________________
_______________________________
Notary Public
EXHIBITS:
A. Engineer’s Construction Drawings
B. Engineer’s Estimate of Probable Cost
C. Form of Security
D. Form of Written Request for Partial Release of Security
E. Form of Written Request for Final Release of Security
F. Form of Written Request for Release of Revegetation LOC