HomeMy WebLinkAboutR21-042 WJWJ Ranch Holdings LLC Releas of Plat Note 13 and Termination of SIA Eagle County, CO 202201010
DocuSign Envelope ID:725C7A80-1D29-49A2-BD15-627B5B4E7A60 Regina O'Brien 01/20/2022
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Commissioner chandler-Henry moved adoption
of the following resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO.2021- 042
RESOLUTION AUTHORIZING RELEASE OF PLAT NOTE 13
AND
TERMINATION OF SUBDIVISION IMPROVEMENTS AGREEMENT
WHEREAS, WJWJ Ranch Holdings, LLC ("Subdivider") is the record owner of certain
real property located in Eagle County, Colorado and Pitkin County, Colorado commonly known
as the Emma Farms Subdivision and more particularly described as follows:
LOTS 1, 2 AND 7 AND OPEN SPACE PARCELS A AND B, EMMA FARMS
SUBDIVISION EXEMPTION, ACCORDING TO THE AMENDED FINAL
PLAT-EAGLE COUNTY AND AMENDED SUBDIVISION EXEMPTION
• PLAT- PITKIN COUNTY RECORDED JULY 30, 2015 IN BOOK 112 AT
PAGE 11 (PITKIN COUNTY)AND RECORDED JULY 30, 2015 AS
RECEPTION NO. 201514392 (EAGLE COUNTY)AND AMENDMENT
THERETO RECORDED OCTOBER 19, 2015 AS RECEPTION NO. 624244
(PITKIN COUNTY)AND RECORDED JULY 30, 2015 AS RECEPTION NO.
201514289 (EAGLE COUNTY); and
WHEREAS, pursuant to Eagle County Land Use Regulations ("ECLUR"), Chapter II,
Section 5-280.B.5.e. and C.R.S. § 30-28-137,the Board of County Commissioners("Board") of
the County of Eagle, State of Colorado (the "County") entered into a Subdivision Improvement
Agreement for the Emma Farms Subdivision dated December 4, 2007 and recorded January 8,
2008 at Reception No. 200800550 in the records of the Eagle County Clerk and Recorder(the
"SIA"); and
WHEREAS, reference is made to that certain Assignment of Subdivision Improvements
Agreement for the Emma Farms Subdivision dated June 7, 2017 and recorded June 13, 2017 at
Reception No. 201711193 in the records of the Eagle County Clerk and Recorder and that certain
Consent to Assignment and Assumption of Subdivision Improvements Agreement For the Emma
Farms Subdivision recorded June 5, 2017 as Reception No. 201710560 in the records of the
Eagle County Clerk and Recorder(collectively the"Assignment of SIA"); and
WHEREAS,the SIA was assigned to the Subdivider pursuant to that certain Second
Assignment of Subdivision Improvements Agreement for the Emma Farms Subdivision dated
April 10, 2018 (the"Second Assignment of SIA") and recorded April 16, 2018 at Reception No.
•
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201805625 in the records of the Eagle County Clerk and Recorder and that certain Consent to 11111
Second Assignment and Assumption of Subdivision Improvements Agreement For the Emma
Farms Subdivision recorded March 28, 2018 as Reception No. 201804613 in the records of the
Eagle County Clerk and Recorder(collectively the"Second Assignment of SIA"); and
WHEREAS,the SIA,Assignment of SIA, and Second Assignment of SIA are
collectively referred to herein as the"SIA"; and
WHEREAS,pursuant to the ECLUR,the Subdivider is obligated to provide security or
collateral sufficient in the judgment of the County to make reasonable provisions for completion
of the public improvements described in the SIA. The required collateral for the Emma Farms
Subdivision Improvements was a plat note(the"Plat Note 13"), in the following form:
No lots in the Emma Farms Subdivision shall be sold,transferred or otherwise
conveyed until all of the improvements required under this Agreement for the
phase of the development in which the lot is located are either(a) in place and
approved by Eagle County after having obtained the necessary permits and
collateral satisfactory to Eagle County, or(b)collateralized as described in this
Agreement and the Land Use Regulations and acceptable to Eagle County to
secure the performance of the obligations as described in the Agreement. This
Plat Note may be released only in accordance with the procedures set forth in the
Eagle County Resolution No. 95-35. Any documentation denoting the release of
the Plat Note, in whole or in part, shall be recorded in the Eagle County Clerk and •
Recorder's Office; and
WHEREAS,the Final Nat for the Emma Farms Subdivision was approved by the Board
on December 4, 2007, and recorded on January 11, 2008, in the records of the Eagle County
Clerk and Recorder as Reception No. 200800849. The Final Plat created Lots 1-5 and two open
space parcels and contained the Plat Note 13 required by the SIA; and
WHEREAS,on July 21, 2015,the Board approved an Amended Final Plat for Emma
Farms("AFP")and it was recorded on July 30,2015 in the records of the Clerk and Recorder as
Reception No. 201514392. The AFP eliminated Lots 3, 4 and 5,together with certain easements,
and created Lot 7 and a legal description for a conservation easement. Due to an oversight,the
AFP did not contain the Plat Note 13 required by the SIA and other pertinent plat notes but such
plat notes still applied; and
WHEREAS, certain Subdivision Improvements associated with the Emma Farms
Subdivision appear to have been completed and certain Subdivision Improvements are no longer
necessary based on the AFP. However, a fire protection water tank, dry hydrant and a road for
access to the tank must still be completed for Lots 1 and 2; and
WHEREAS, pursuant to the SIA,the Subdivider may apply to the County for release of
collateral as secured by the Plat Note 13 on the Final Plat based upon its progress in constructing
the improvements required by the SIA; and
•
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• WHEREAS, the Subdivider has represented, and the County Engineering Department
and Roaring Fork Fire Rescue Authority has independently confirmed,that additional plat notes
that address fire protection for Lots 1 and 2 (the "Fire Protection Plat Notes")will accomplish
the same requirements as the Plat Note 13 and requests release of Plat Note 13; and
WHEREAS,the Subdivider also requests that the County terminate the SIA, because it
is no longer necessary as a result of the Fire Protection Plat Notes, and the County Engineering
Department and Roaring Fork Fire Rescue Authority has independently agreed with this
position; and
WHEREAS, pursuant to Resolution No. 95-35,the Board of County Commissioners has
the authority to approve a release, once the release has been recommended for approval by both
the County Engineer and the County Attorney; and
WHEREAS, based upon the oral and written recommendations of the County Engineer
set forth in Exhibit A,the Engineering Department states that the work required under the SIA is
complete, no longer necessary or can be accomplished by the Fire Protection Plat Notes, and the
Engineering Department recommends full released of the collateral, Plat Note 13, and the
termination of the SIA.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
• the County of Eagle, State of Colorado:
THAT, based upon the oral and written recommendations of the County Engineer and
County Attorney,the BOARD FINDS that Subdivider's obligations under the SIA have been
satisfied and hereby authorizes the final release of Plat Note 13 and termination of the SIA.
THAT,that this document shall be recorded in the records of the Eagle County Clerk and
Recorder, which shall be evidence that the obligations under the SIA are complete.
THAT,the BOARD finds, determines and declares that this Resolution is necessary for
the public health, safety and welfare of the citizens of the County of Eagle, State of Colorado.
•
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MOVED AND ADOPTED by the Board of County Commissioners of the County of Eagle, •
State of Colorado, at its regular meeting held the 13 day of July, 2021.
COUNTY OF EAGLE, STATE OF
COLORADO, By and Through Its
OGLE CMG BOARD OF COUNTY COMMISSIONERS
ATTEST:
p—DocuSigned by: e—DocuSigned by:
Ina. Dt'bViun, °`�°aa°° By: S( tw
Clerk`terthe2Wercloof mattESehes473
County Commissioners County Commissioners Chair
—DocuSigned by:
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7 h TiReAic;eney
Commissioner
1—DocuSigned by:
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ICa C fft8 er-Henry
Commissioner
•McQueeney
seconded adoption of the foregoing resolution. The roll
having been called,the vote was as follows:
Commissioner Scherr Aye
Commissioner McQueeney Aye
Commissioner Chandler-Henry Aye
This resolution passed by 3,'O vote of the Board of County Commissioners of
the County of Eagle, State of Colorado
11111
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EXF A
Engineering Department Eagle County
. Phone: 970-328-3560 P.O. Box 850
Fax: 970 328 8789 1110
500 Broadway
www.eaglecounty.us Eagle,CO 81631
EAGLE COUNTY
Engineering
MEMORANDUM
To: Beth Oliver , Holly Strablizky ,Attorney's Office
From: Taylor Ryan, Engineering Department
Date: March 23, 2021
RE: SUF-00022, AFP-5547,AFP-009120 - Emma Farms
Closeout of the SIA for Emma Farms
With this letter,the Eagle County Engineering Department requests the closeout of the
Emma Farms Subdivision Improvement Agreement(SIA). This letter includes background
for the Emma Farms Subdivision, an explanation of the required improvements in the SIA,
and a review of the changes that have resolved the need for the SIA.
• The Emma Farms Subdivision was approved under Final Plat SUF-00022 on December 4,
2007, Reception Number 200800849. At the time of subdivision approval,the SIA was
approved and recorded at Reception Number 200800550. The original subdivision created
5 residential lots with 2 open space parcels, and improvements were required for access,
fire fighting, and utility service to the new lots. With the original plat and SIA,there was no
collateral provided to the County, and the required improvements were instead
collateralized with a restrictive plat note on the final plat. The restrictive plat note
prohibited sale of individual lots until the required improvements were constructed and
approved by the County or until acceptable collateral was provided to the County.
The final plat was then amended with the land use application AFP-5547, approved by
Eagle County on July 21, 2015, recorded at Reception Number 201514392. With this
amended plat, 3 of the residential lots were vacated and the open space lots were
expanded to absorb the acreage of those lots. There remained 2 residential lots, both
immediately adjacent to Hooks Lane (a public road). At the time of this amended final plat,
the SIA was not addressed, and the restrictive plat note from the original plat remained in
effect.
Eagle County has received a new application for an Amended Final Plat,AFP-009120,with
the request to remove the restrictive plat note requiring the completion or collateralization
of the SIA prior to the sale of individual lots. in response to this request, county staff have
reviewed the information provided with the application along with the documentation of
the previous approvals and the SIA. Based on this review, staff recommend the closeout of
the SIA followed by the release of the restrictive plat note. An explanation of the impact of
• the changes through the series of approvals for Emma Farms is provided below.
DocuSign Envelope ID:725C7A80-1 D29-49A2-BD15-627B5B4E7A60
EXHIBIT A
41)
The total cost of the improvements for the Emma Farms Subdivision was estimated to be
$461,809, and the items required are listed in the Emma Farms SIA(attached). The
improvements in the SIA included water storage for fire suppression, access drives,
drainage improvements, and shallow utilities. When the three lots in the western side of
the subdivision were vacated with the amended final plat in 2015, the need for most of
these improvements went away.
From review of the SIA and the original construction plans, the items related to the access
drives and drainage were designed to provide for adequate access and circulation from
Hooks Lane to the lots on the western side of the subdivision and to maintain drainage
across the access drives. Those improvements are no longer necessary because the lots
have been vacated. The remaining lots are adjacent to Hooks Lane allowing for direct
access to the public roadway, and the driveways for each lot will be reviewed and
constructed with the residential building permits.
Similarly, the improvements for the shallow utilities were to provide utility service to the
western lots, and those improvements are no longer needed. There are existing utilities
running along Hooks Lane so the two remaining lots will be able to acquire utility service
from the existing utility mains. The availability of the utility service is documented in the
letter from Sopris Engineering dated January 17, 2018 (attached).
The need for water storage for fire suppression is the only remaining item that didn't
completely go away. Half of the water storage plan was to provide for fire suppression for IIIthe western lots, so that need did go away. With the remaining lots,there is still a need for
fire suppression although not in the form that was originally planned for Emma Farms.
After discussion over the past couple of years with the owner and staff from Roaring Fork
Fire Rescue, it was determined that the original plan to provide a 20,000 gallon tank with
dry hydrant was not the best design and was excessive for the remaining lots.
As a result of those discussions, a series of plat notes was proposed and agreed to by both
parties. Those notes require a fire suppression plan to be proposed with the building
permits for each property including water storage to meet code requirements, and those
plans would be reviewed at the time of building permit submission by the County and the
Fire District. Once the Building permit was issued, the fire suppression improvements
would be constructed by the owner of each lot. A letter from Brook Stott with Roaring Fork
Fire Rescue regarding these changes is attached. Those notes are included on the
amended final plat currently under review,AFP-009120(a draft of the plat is attached).
Both county staff and staff from Roaring Fork Fire Rescue agree that the cost of the
individual fire suppression improvements for each lot would be less than the larger
centralized system that was originally proposed and will not be overly burdensome on the
property owners. Additionally,with these items noted on the amended final plat, any
prospective buyer should be aware of the expectations prior to purchasing a lot.
In consideration of the changes at the Emma Farms Subdivision as described herein and
the demonstration of adequate access, utilities, and fire service,we request the closeout of
•
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EXHIBIT A
• the Emma Farms SIA and the subsequent release of the restrictive plat note precluding the
sale of individual lots.
Respectfully submitted,
Eagle County Engineering Department
Taylor Ryan, PE
Senior Project Engineer
Encl
CC: Ben Gerdes, County Engineer
Tez Hawkins, Planner
•
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EXHIBIT A
TEAK
EAGLE
JCS�IMONTON NTY. CO 200$00550
REC: ELA00 DOC=11.34:35AM 01/08/2008
111111111111 III 11 I I liii II
SUBDIVISION IMPROVEMENTS
AGREEMENT
FOR THE
EMMA FARMS SUBDIVISION
1f /0
THIS SUBDIVISION IMPROVEMENTS AGREEMENT("Agreement")made this 411/
day of DP(,ri be v- 2007,by and between the COUNTY OF EAGLE,STATE OF
COLORADO("County")and EMMA FARMS LLC and SW Enterprises,LLC("Subdivider").
WITNESSETH
WHEREAS,County on August 29,2006 approved a Subdivision Preliminary Plan
(SUP-00009)and Zone Change(ZC-00083)for Emma Farms Subdivision("Subdivision");and
WHEREAS,County on October 31,2006 approved a Variance(V1S-0031)from the
subdivision improvement standards established in Section 4-620J of the County Land Use
Regulations("Land Use Regulations")requiring two points of access for the Subdivision;and
WHEREAS,Subdivider,as a condition of approval of the Final Plat of the subdivision,
and prior to the approval and recording of a Final Plat for the Subdivision,must enter into an
agreement as provided for by the Land Use Regulations of Eagle County,Colorado, 1999,as
amended Chapter II,Section 5-280.13.5.e.and C,R.S. §30-28-137;and
WHEREAS,pursuant to the Land Use Regulations,Subdivider is obligated to provide
security or collateral sufficient in the judgment of County to make reasonable provisions for
completion of certain public improvements hereinafter described("Subdivision Improvements");
and
NOW,'I`HF.REFORE,in consideration of the foregoing premises and the following
promises,County and Subdivider agree as follows:
1. SUBDIVISION IMPROVEMENTS.
1.1 Subdivision Improvements. Subdivision Improvements are deemed to include all
public improvements,including but not limited to any off-site improvements as set forth in all
documents,construction drawings,designs,maps,specifications,sketches,cost estimates,and
other materials submitted by the Subdivider prior to or at final plat approval and acceptance by
the County. Such Subdivision Improvements shall include roads,utilities and other similar �!
public improvements as specified by the County Engineer.
1.2 Scope of Work. The Subdivider hereby agrees,at its sole cost and expense,to
furnish all necessary equipment and material,and to complete all Subdivision Improvements in
as referenced in the attached Exhibit"A"or in any and all subsequent similar documents relating
to subsequent Phases of the Subdivision(in the attached Exhibit"B"),as set forth in subsequent
sections of this Agreement,and as set forth in all documents,construction drawings,designs,
200800550 t of 14 4111
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EXHIBIT A
,
•
maps,specifications,sketches,and other materials submitted by the Subdivider prior to or at
'Final Plat approval and accepted by the County,and in accordance with all laws of the United
States of America,State of Colorado,and County,and their respective agencies and affected
governmental entities. Such performance shall include acquisition of all necessary rights-of-
way.
1.3 Duties of Subdivider. For those Subdivision Improvements required herein,
including but not limited to the reconstruction and physical improvement of that portion of any
road subject to this Agreement,the Subdivider shall retain an engineer whose duties shall include
construction staking,observation of construction for conformance to the approved plans and
specifications,and materials sampling,testing and inspection using the Colorado Department of
Highways 2001 Field Materials Manual as a guide for frequency of sampling and testing.
1.3.1 Construction Staking. Where applicable and by way of example only,the
following is a highlighting of the construction staking that will be required of the Subdivider:
a. Roadway-horizontal and vertical control every 50 feet or every 25 feet
in critical areas,specifically including:
-slope staking
-points of curvature
• -points of tangency
-fillet radius points
-culverts
E
-transition points for super-elevation
-finished sub-grade
-finished gravel
b. Water,Sewer,and Other Utilities-horizontal and vertical control
every 100 feet,or every 50 feet in critical areas.
1,3.2 Testing. Where applicable and by way of example only,the following is a
highlighting of the acceptance testing that will be required of the Subdivider:
a. Utility and drainage culvert trench backfill under roadvvayprisms-one
density test per 200 C.Y.of backfill or a minimum of one test per roadway
crossing. This will require daily visits to the site by a testing laboratory
•
when utilities or drainage culverts arc being backfilled within the roadway
prism.
b. Embankments for roadways-one density test per 2,000 C.Y.of any
additional embanktnent(s);and one density test per 500 C.Y.when within
100 feet of bridge approaches."
1
c. Finished sub-grade-one density test per 250 lineal feet of roadway. 1
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EXHIBIT A
41111
d. Aggregate base course-one in-place density per 250 lineal feet of
roadway,and gradation and Atterberg Limits test per 2000 tons of
aggregate base course.
e. Hot Bituminous Pavement-two asphalt content,gradation and in-place
density tests per day's production.
f. Concrete-Curb and Gutter,Sidewalks and Bikepaths-tests for air
content,slump and compressive strength per 50 C.Y.of concrete placed or
minimum of one set of tests per day.
1.3.3 Notification/Road Construction. Subdivider or his Engineer shall notify the
Eagle County Engineer for the purpose of arranging an on-site inspection no less than forty-eight
(48)hours in advance of the following stages of road construction:
1) Finished subgrade
2) Finished Aggregate Base Course
3) Asphalt Placement.
4) Concrete-Curb and Gutter,Sidewalks and Bikepaths
The County Engineer shall make an on-site visit within the forty-eight(48)hour notification
period or as shortly thereafter as reasonably possible for the purpose of observing proof rolls on
items I)and 2)above and for general observation of construction methods being employed at
these stages. Said on-site inspection by the County Engineer shall in no way abrogate the duties
of the Subdivider outlined elsewhere in this Agreement. The Subdivider shall provide the proof
rolling by arranging for a loaded single unit truck carrying 18,000 pounds per rear axle.
1.3.4 Witnessing of Water and Sewer Laterals. It is essential that the ends of
these laterals be witnessed by the Subdivider's engineer to a minimum of three divergent points
and a permanent record made of the same. Copies of these records are required to be furnished
to the County Engineer prior to commencement of the two year warranty period. In addition to
witnessing of the horizontal location of these laterals,a vertical witness shall be required.
Horizontal witnessing shall be to property corners,fire hydrants,manholes,and other
'permanent"features. Vertical witnessing shall be based on depth below ground and elevation
based on a datum used for the subdivision. Bench marks shall be shown on witness records.
1.3.5 Test Reports. All test reports shall be consecutively numbered,with copies
furnished directly to the County Engineer from the laboratory as they are reported to the
Subdivider or its engineer.
1.3.6 As-Built Drawings of Subdivision Improvements. As-Built drawings, �f
sealed,signed and dated by a Registered Professional Engineer showing the as-constructed
horizontal and vertical locations of Subdivision Improvements shall be submitted to the County
Engineer prior to commencement of the two year warranty period. This shall include as-built
drawings in an electronic format acceptable to the County Engineer.
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EXHIBIT A
S.
1.3.7 Affidavit of Monumentation. An Affidavit of Monumentation sealed,
signed and dated by a Registered Professional Land Surveyor stating that the subdivision has
been monurnented in accordance with§38-51.105,C.R.S.,shall be provided to the County
Engineer prior to the acceptance of the Subdivision Improvements by the County.
1.4 Compliance with Colorado Department of Highways Access Code. Subdivider shall
provide the County with designs in compliance with the Colorado Department of Highways
Access Code for all road improvements.
1,5 Date of Completion. All Subdivision Improvements including Phase 1 and 2 shall be
completed prior to December 3,2012.
1.6 Approval and Acceptance of Work.
1.6.1 Copies of all test results corresponding to work which is being inspected
and any other information which may be necessary to establish the satisfactory completion of the
work for which inspection is requested must be submitted prior to said inspection. All such
information shall be accompanied by a letter from the Subdivider's engineer verifying the
satisfactory completion of the work performed to date.
• 1.6.2 Notwithstanding Section 1.3.3 above,promptly after receiving a request for
inspection and the required documentation,the County Engineer shall review the information
presented and, if necessary,make an on-site inspection of the work completed.
1.6.3 All said work shall be done to the reasonable satisfaction of the County
Engineer and/or the County Department of Community Development,and shall not be deemed
complete until approved and accepted as complete by the County.
1.7 Estimated Costs of Subdivision Improvements. The estimated cost of the
Subdivision Improvements for both Phnses of the Subdivision is Four Hundred Sixty-one
Thousand,Eight Hundred and Nine Dollars(S461,809.00),as summarized on Exhibit"A"
hereto. No work covered by such cost estimate shall commence,and no lots in the subsequent
phase in question shall be sold,until after the estimate has been updated,if necessary,and
approved by County and collateralized as hereinafter provided, if the Subdivider intends to sell
lots,prior to the Public Improvements being completed and accepted by the County,then the
entire amount of the estimate for the applicable phase,as may be updated from time to time,
must be collateralized and the Plat Note released as set forth herein. If the Subdivider intends to
construct all or a portion of the Public Improvements prior to the sale of lots,then Subdivider
shall provide to County an amount of collateral sufficient,as determined by County,for
necessary site reclamation costs to restore the site to its pre-existing condition(i.e.grading,
topsoil replacement,seeding,utility abandonments,etc.)associated with the construction should
the Public Improvements not be completed in a timely manner.
To secure and guarantee performance of its obligations as set forth in this Section I,
including the completion of the required off-site improvements,the Subdivider hereby agrees to
provide security and collateral in the form and as set forth herein and in Section 2,below.
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EXHIBIT A
1.8 Common Park and Recreation Areas. Subdivider agrees to submit a Common Open
Space,Park and Recreation Area Plan to be approved by the County Department of Community
Development prior to approval of final plat.
1.9 Landscape Guarantee. Subdivider agrees to submit a landscaping plan,prior to,the
commencement of Phase l for the subdivision which will comply with Section 4-240,
Installation and Maintenance Requirements. The Subdivider agrees 10 abide by the Landscape
Plan approved by the County Department of Community Development.
2. SECURITY and COLLATERAL.
2,1 Collateral. Security and Collateral required in Section 1.7 herein,as security for the
performance by Subdivider of its obligations under this Agreement. The provisions of Section
1.7 shall be reflected in a PLAT NOTE in substantially the following form:
Plat Note:
No lots in the Emma Farms Subdivision shall be sold,transferred or otherwise conveyed
until all of the improvements required under this Agreement for the phase of the development in
which the lot is located are either(a)in place and approved by Eagle County after having
obtained the necessary permits and collateral satisfactory to Eagle County,or(b)collateralized
as described in this Agreement and the Land Use Regulations and acceptable to County to secure
the performance of the obligations as described in the Agreement. This Plat Note may be
released only in accordance with the procedures set forth in the Eagle County Resolution No.95-
35. Any documentation denoting the release of the Plat Note,in whole or in part,shall be
recorded in the Eagle County Clerk and Recorder's Office.
2.2 Final Release of Collateral/Warranty. Within thirty(30)days after Subdivider has
completed all of the work required by this Agreement and the work has been approved and
accepted by the County,less an amount equal to Ten Percent(10%)of the original collateral,
shall be released. Subdivider shall be responsible for the condition of the Subdivision
Improvements for a period of two(2)years after completion;this shall be guaranteed either
through the retention of Collateral,as set forth above,or Subdivider may provide a substitute
form of Collateral as set forth in Section 2.3 hereunder.
2.3 Substitution of Collateral. The Subdivider may at any time substitute the Collateral
originally deposited with the County herein for another form of collateral acceptable to the
County,to guarantee the faithful completion of the Subdivision Improvements referred to herein
and the performance of the terms of this Agreement. In the event of a request to substitute
Collateral hereunder,the Subdivider must create and submit to the County Engineer for approval
an updated costs estimate(current with costs anticipated in the year of substitution). In
determining whether to approve such update costs estimate,the County Engineer will utilise an
inflationary and/or deflationary factor based upon the Denver-Boulder,Colorado Consumer
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EXHIBIT A
I
Price Index for All Urban Consumers,All Items(1967=100)published by the U.S.Bureau of
Labor Statistics,303-837-2467,or,alternatively,an approved construction cost index.
2.4 Draws. Draws against the Collateral shall only be made as directed by written
Resolution of the County,stating that there has been an event of default under this Agreement
and that a sum certain is required to remedy the default. Any amount drawn on the Collateral
must be applied for the purpose of completing the work required by this Agreement and related
expenses and costs.
2.5 Events of Default. The following events shall be deemed"Events of Default,"
entitling the County to draw on the Collateral;
2.5.1 If Subdivider has not completed the work required by this Agreement
within thirty(30)days prior to the specified Date of Completion as shown on Exhibit A hereto,
County may,after ten(10)working days written Notice to Subdivider,draw upon the Collateral
an amount sufficient to complete said work and compensate the County for its reasonable costs
and expenses related to said draw.
2.5.2 If the original collateral presented to County is due to expire and the work
is not yet completed,and Subdivider has not provided substitute collateral or the bank's written
extension to the original collateral,the County shall draw on the Collateral according to the
• previsions set forth in this Section 2. It is Subdivider's responsibility,with or without notice,to
ensure that the Collateral is extended,or that substitute collateral is provided in a form
acceptable to the County,at least ten(10)days prior to its expiration_ If Collateral is neither
extended nor substitute collateral provided,in a form acceptable to the County,at least ten(10)
days prior to its expiration,the developer shall pay the County an additional$500(Five hundred
dollars)for the additional administrative work required because of the failure to extend or
substitute collateral in a timely manner as required by this agreement.
2.5,3 If the Collateral is substituted,as otherwise provided herein,this Agreement
may be amended or modified in order to set forth specific Events of Default deemed necessary,
in the County's sole discretion,commensurate with the type of collateral substituted.
2.6 Costs and Expenses. Subdivider agrees to pay any costs and expenses,including but
not limited to legal fees that the County may incur in determining to accept collateral,in drawing
upon the Collateral,or in accomplishing an extension of its expiration.
2.7 Landscape Plan Collateral.
2.7.1 Subdivider agrees to provide collateral in a form acceptable to the County
Attorney to ensure landscaping will be installed. Subdivider agrees to provide collateral for no
less than one hundred and twenty-five percent(125%)of the estimated cost of the landscaping
improvements listed in the Landscape Plan upon substitution of collateral in lieu of the current
Nat Note.
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4111
2,7.2 As portions of the landscape improvements are completed,the Community
Development Director shall inspect them,and upon approval and acceptance,shall authorize the
release of the agreed estimated cost for that portion of the improvements,except that the ten
percent(10%)shall be withheld until all proposed improvements are completed and approved,
and an additional twenty-five percent(25%)shall be retained until the improvements have been
maintained in a satisfactory condition for two(2)years.
3. INSURANCE and INDEMNIFICATION,
3.1 Indemnification, Subdivider shall indemnify and hold the County harmless from any
and all claims made against the County by any contractor,subcontractor,materialmen,
employee,independent contractor,agent or representative involved in the work necessary to
comply with this Agreement,or on account of any other claims against the County because of
the activities conducted in furtherance of the terms of this Agreement. This indemnification and
hold harmless provision shall include any legal expenses or costs incurred by the County.
3.2 Certificates of Insurance. The Subdivider shall secure from any contractor or
subcontractor engaged in the work necessary to comply with this Agreement a Certificate of
Insurance providing for liability protection in the minimum amount of$150,000 per individual
and$600,000 per occurrence,naming the County as an additionally named insured. The
Subdivider,if it serves as the contractor for the Subdivision Improvements,shall provide
insurance in the same form and amounts as required of the general contractor. Said limits shall
be adjusted to comply with any changed limits in the Colorado Governmental Immunity Act,
Title 24,Article 10,Colorado Revised Statutes.
3.3 County Incurs No Liability. The County shall not,nor shall any officer or employee
thereof be liable or responsible for any accident,loss or damage happening or occurring to the
Subdivision and/or Subdivision Improvements specified in this Agreement prior to the
completion and acceptance of the same;nor shall the 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 Subdivision Improvements,but all of said liabilities shalt be and are hereby assumed
by the Subdivider. The Subdivider hereby agrees to indemnify and hold harmless the County
and any of its officers,agents and employees against any losses,claims,damages or liabilities for
which the 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 Subdivider hereunder;and the Subdivider shall reimburse
the County for any and all legal and other expenses incurred by the 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 Subdivider may have.
4. GENERAL PROVISIONS.
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•
The following shall apply to all Subdivision Improvements,including off-site
improvements,set forth in this Agreement:
•
4.1 Compliance with Land Use Regulations. Subdivider shall be required to obtain all
necessary permits and comply with the provisions of the Land Use Regulations,including but
not limited to the Regulations for Construction within the Public Ways of Eagle County(Chapter
V),as the same are in effect at the time of commencement of construction of the Subdivision
Improvements referred to herein,
4.2 Subdivision Improvement Agreement Controls. In the event of any inconsistency or
incongruity between the provisions of this Agreement and the Land Use Regulations,the
provisions of this Agreement shall in all respects govern and control.
4.3 Warranties and Guarantees. There shall be a two-year correction period,or such
longer period as may be prescribed by law,from the time of completion of the Subdivision
Improvements during which time the Subdivider shall promptly correct or remove and replace,in
accordance with County's written instructions,defective work or materials and consequences
thereof. Repair or replacement made under the two-year correction period shall bear an
additional one-year correction period from the acceptance of the repair or the replacement by the
Eagle County Engineer. The work shall be collateralized during the correction period in an
amount and type of collateral as shall be reasonably determined by County. The work shall be
• inspected,at the request of Subdivider,no less than sixty(60)days prior to expiration of the
one-year additional correction period,and any deficiencies shall be noted to Subdivider.
4.4 Approval of Final Plat, County,upon adoption of an appropriate resolution or
resolutions approving this Agreement,the Variance(VIS-0031),and the Zone Change(ZC-
000R3)agrees to approve,the Final Plat of the Subdivision,subject to the terms and conditions
of this Agreement.
4.5 Final Plat Amendments. Where field changes or other circumstances have caused the
road,utilities,or other subdivision improvements to he constructed in locations different from
those shown on the approved plans,the locations of rights-of-way,easements,lot lines,building
envelopes,setback lines,or other attributes shown on the Final Plat shall be amended as
necessary to comply with Final Plat requirements of the Land Use Regulations
4.6 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 be in writing and signed by all parties hereto.
4.7 Assignability. This Agreement shall be enforceable against the Subdivider,
provided,however,that in the event the Subdivider sells,transfers or assigns all or part of the
subject Subdivision,the obligations of the Subdivider under this Agreement as to that portion of
the subject Subdivision may be assumed in writing by the purchaser of the parcel,and the €
Subdivider shall have no further obligations hereunder. ft is agreed,however,that no such
assumption of these obligations shall be effective unless the County gives its prior written
approval to such assumption following an investigation of the financial condition of the
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purchaser. The Subdivider shall not otherwise assign,transfer,convey,pledge or otherwise
dispose of this Agreement without prior written consent of the County,which consent shall not
he unreasonably withheld.
4,8 Binding upon Successors. This Agreement shall inure to the benefit of and be
binding upon the parties hereto,their respective successors,and assigns.
4.9 Sole Responsibility of Subdivider Prior to County Acceptance. It is further agreed
and understood that at all times prior to the completion and acceptance of the off-site
Subdivision Improvements set forth herein by the County,each of said improvements not
accepted as complete shall be under the sole responsibility and charge of the Subdivider. When
it is necessary to allow the general public to utilize the roadways under construction by the
Subdivider,traffic control and warning devices shall be placed upon such roadways by the
Subdivider in accordance with the Manual on Uniform Traffic Control Devices for Streets and
Highways as prepared by the U.S. Department of Transportation,Federal Highway
Administration.
4.10 No Rights 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.
4.11 Notice. 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,return receipt requested,
Addresses for giving notice;
Eagle County Engineering Department
P.O.Box 850
Eagle,CO 81631
(970)328-8685
Subdivider
Emma Farms,LLC
915 W.North Street
Aspen,CO 81611
4.12 Enforcement and Attorney Fees, The 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 Land Use Regulations,as they may be amended from time to
time,or as otherwise provided by law. Alternatively,the terms of this Agreement may be
enforceable by the Board or its designee by any appropriate equitable or legal action,Including
but not limited to specific performance,mandamus,abatement,or injunction. The remedies
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,
EXHIBIT A
•
explicitly provided herein are cumulative,and not exclusive,of all other remedies provided by
law. The prevailing party in any action brought pertaining to this Agreement shall be entitled to
an award of costs and reasonable attorney's fees,
IN WITNESS WHEREOF,the parties hereto have executed this Agreement the day and
year first above written.
COUNTY OF EAGLE,STATE OF
COLORADO,by its
ATTEST: BOARD OF COUNTY COMMISSIONERS
��� ��L� By:
Teak J.Simonto , Ar kenconi i
Clerk to the Board of Chairman
County Commissioners
SUBDIVIDER:S
Emma F s LC
•
By: i /1 _
Name: 1 L d
Title: _
STATE OF COLORADO )
) ss.
i
County of Cad te._ } t
The fore oin was ac nowledged before me this day ol'Samizu, 2007,
146
by r er-of• Emma Farms LLC.
MINE. my hani..tndco !dal seal.
f 4; � ,J_
My cool igissi tres11)6_,,,R
'r —�� A
l�� S _' ik l�'�� V(/ tom—
sr�� 0.14.4a
Notary Public IE
{
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EXHIBIT A
SW Enterprises LLC �j
By: a
Name: NO RA L ded
Title: _ gQPX i
STATE OF COLORADO )
) ss.
County of EQ'J le, )
The for gol gf ywas ac nowledged before me this . day o120 2007,
411
by C ,yI �Cas f of SW Enterprises I,LC.
WITNESS my hand and official seal.
s tlat My cot ' pir b- A-20(0
vri
11Q Cistwi 642o 0.vra_____
4
1 2 ► Notary Public
‘`‘ STAB c,'
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EXHIBIT A
Exhibit A
BELL CONSULTING.LLC.
230 CR 261
Silt,CO 81852
970-948-3153
970-625-5126 Fax
- F
November 20,2007
Douglas Pratte
1002 Lauren Lane
Basalt,CO 81621
RE:Emma Farms Engineers Construction Cost Estimate—Eagle County,CO
Dear Mx.Pratte:
Bell Consulting,LLC.has performed an updated Engineers construction cost analysis for the
Emma Farms project for the portion of the infrastructure to serve the lots in Eagle County.This
estimate is based upon a Phasing markup you provided annotated on plans prepared by Colorado•
River Engineering.The construction is proposed in two phases,one to serve Lots 1,2 and 3
which crosses Lots I and 2.The second Phase serves Lots 4 and 5.The estimate is for the
construction of the infrastructure based upon our best knowledge of current construction unit
costs for the various items.The actual construction costs will vary based on timing of
construction including season,length of time from the provided estimate until construction
begins as well as other variables.
A spreadsheet outlining the estimated construction costs is attached.
If you have any questions,please do not hesitate to call 970-625-4933.
Sincerely,
Bell Co ,LC,
°rt
4 11' V 7 Y Ili
tt`1 s%ONAL
Nathan J.Bell,P,E.33401
Emma Puma Engineering E timatadoc
Enure Farms rate County Engineer's estimate
November 20,2007
Page I of 2
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EXHIBIT A
iiiI
i Eagle County Phase 1 _ Eagle County Phase 2
Construction Costs QTY Units Unit Cost Est.Cost QTY Units Unit Coat Est.Coat
20,000 gallon emetgancy
A water stereo lank 1 ea 60,000,00 550,000 1 as 50,000.00 550,000
A Hydrants(Includes pipe,valve •
711 and ii fittings) 1 as 4,600.0D $4f800 1 ea 4,600.00 $4ti600
TOTAL WATER .i$5&6®% 404 6a0`
A Clear and Grub 2194 sy _ 2,00 54,3913 5268 ay 2.00 510,518
CI
0 Scb9rade prep•smutty 12'
0 depth and reeanpad , 2194 sy 3.00 $8,682 5258 sy 3.0D $15,774
0 Import Class 2 ABC(3"minus)
0 for road (assume 1581bsicf) 433 cy 65.00 _ $23,836 1039 cy 55.00, $57,124
Import 314"screened rock for
road surface(assume
1661r414) 108 cy 577.00 55,176 280 cy 57,00 $14,800
TOTAL ROADS S46;A8t e_ .39214
24"ADS-N12 storm drain pipe 0 LF 47,00 $0 30 LF 47.00 $ 410
016"ADS-N12 storm drain pipe 0 IF 43.00 $0 80 LF 43.00 $2,500
1x'ADS-N12 storm drain ROD 0 LF 39,00 $0 61 LF 39.00 $1,909
Roadside ditch 1047, LF 3.00 $3141 LF 3.00 $0
f. Slit fends constructed in place 1047 LF _ 2.00 52,094 IF 2.OD $0
mHay bale dike erosion
Protection-OAE _ 1 ea 200.00 5200 1 ea 200.00 $200
TOTAL DRAINAGE 454352 ,o-' `1 'fi.
Electric vault-excavate,prep,
SHALLOW backli0(O.N.I,vadq 3_
ea 1,200.00 $3,600 4 es 1,200.00 totem)
t)1 IL Trenching and Conduit 1050 LF 22,00 $23,100 ,Moo_ LF 22.00 S68,200
TOTAL SHALLOW UTl1,S 40- 'bib .-$7006
Construction Subtotal $127,717, _ $231,913 i
Contingency _ 12% 516,326 12% $27 639 i
Total r.,,._ .;
r ft47,D := ;«;i152
This Cost Eatimeta is based upon Engineers best available Information for unitcosta et
the tined preparation,the unit costs vill vary at the time of construction. .
Emma Farms Eagle County Engineer's estimate
November 20.2007
Page 2 of 2
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•
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200800550 14 of 14
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EXHIBIT A
January 17,2018
John Maas S
In Place Ltd
john@inplaceltd.com
Doug Pratte
The Land Studio
landstudio2@comcast.net
Re: Emma Farms SIA Agreement(2007)SE#17226
Dear John and Doug,
As requested,Sopris Engineering(SE)has reviewed the Emma Farms Subdivision Improvements
Agreement (SIA)dated November 12th 2007,made a site visit to review field conditions,coordinated
with utility locations company and met with Brooke Stott of the Basalt Fire District.We understand that
1
Lots 3,4 and 5 have been placed into a Conservation Easement which will not allow any residential
fr
homes to be constructed.Only Lots 1 and 2 will have any additional residential development in the
future. Focusing on these two lots, I would like to address the following issues as they pertain to the SIA.
1) Existing utilities:underground electric service exists to both Lots 1 and 2 and electric
transformers are energized and located on the east side of the lots.Telephone and cable
conduits are stubbed up and are available in the area of the electric transformers.
2) Fire storage tanks: I met with the Basalt Assistant Fire Marshal Brooke Stott on December 4th, 0
2017 and was advised the two 20,000 gallon emergency water storage tanks shown in the
original SIA would not be required for development of Lots 1 and 2.
3) Drainage and access: I recommend the requirements of the SIA for access driveways and i
drainage be waived from the SIA since they will no longer be needed.They were for Lots 3,4 and
5 which are now conserved and sterilized.Access for Lots 1 and 2 is available off Hooks Lane.
In summary,I would recommend the SIA be closed out since the work completed pertaining to Lots 1
and 2 satisfy the SIA requirements.It is my opinion that the requirements of the original SIA document
as noted above are complete.
Please contact me wi':„,+++i,•+,;,',motions regarding closing out of the SIA for Emma Farms Lot 1 and 2.
'0 REO .
Sincerely, •
, '/ . c
28377
/ tyy`S wYancy Nichol,,- Etip' i.
•
li
•,
Principal adkS7 °� �'
. /ONAL E +'
m ' ",+s
Enclosed
1
SE Lot 1&2 utility drawing
502 Main Street • Suite A3 • Carbondale, CO 81623 • (970) 704-0311 • Fax (970) 704-0313 iil.
SOPRIS ENGINEERING • LLC civil consultants
f
i
DocuSign Envelope ID:725C7A80-1 D29-49A2-BD15-627B5B4E7A60
EXHIBIT A
• ROARING FORK FIRE RESCUE AUTHORITY
1089 J W DRIVE
CARBONDALE, CO 81623
November 5,2020
Tez Hawkins,Eagle County Associate Planner
PO B ox 179
Eagle, CO 81631
Second Amendment to Emma Farm Subdivision Plat
401 &501 Hooks Lane,Basalt(Parcel No. 246510402008 &24651042009)
Dear Tez,
• I have reviewed the application for 401 and 501 Hooks Lane regarding a second amendment request
Eagle County Emma Farms Subdivision Plat and Pitkin County Exemption Plat to include notes that
obligate Lots 1 and 2 to provide fire protection water supply and emergency access.The application is
also requesting to rename the subdivision to WJWJ Ranch.
These parcels have been in a review process with Eagle County for some time. I have attended site visits
and meetings to discuss the development of these parcels,specifically to address access and water
requirement for areas such as this,where no adequate or reliable water supply for firefighting purposes
currently exist.
My understanding of this application is to close out the Eagle County Subdivision Improvement
Agreement(SIA)for Emma Farms Subdivision.Plat notes for Lots 1 and 2 as written in notes a-h, still
require that any building permits submitted will follow current International Fire Code as adopted,access
requirements set forth by the fire district,and water storage supply calculated per the National Fire
Protection Association 1142:Standard on Water Supplies for Suburban and Rural Fire Fighting section
4.1.1. These requirements will be met before Certificate of Occupancy is issued.
The fire district supports the amended notes for Lots 1 and 2,as well as the request to rename the parcel
to WJWJ Ranch.I look forward to working with future parcel owners as they develop their property. I
feel we can achieve adequate fire and life safety standards with these requirements in place.
If there are further questions or concerns regarding the plat notes,please don't hesitate to contact me.
Sincerely,
Brooke Stott,Assistant Fire Marshal
•
1
DocuSign Envelope ID:725C7A80-1D29-49A2-BD15-627B5B4E7A60
EXHIBIT A
Cc: Ty Ryan, Eagle County Engineering •
Doug Pratte,The Land Studio, Inc.
•
PROtilEr.tL.
LIES
NEf( HidORS P.
• •
FllE
fireprevention@roaringforkfire.org Phone: (970) 340-7038 Fax: (970) 704-0625
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