HomeMy WebLinkAboutR93-097 approval of removal of plat note restriction on Red Rock Ranchf
Commissione moved adoption
e f
of oil ing Resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 93- C 17"
APPROVAL OF REQUEST FOR THE REMOVAL OF THE PLAT
NOTE RESTRICTION ON THE CONVEYANCE OF LOTS 1 -4
WHEREAS, the Board of County Commissioners (hereinafter
referred as the "BOCCI') is empowered by Colorado Revised Statutes
30 -11 -107 (1)(a) to make such orders concerning County property as
it deems expedient; and
WHEREAS, Red Rock Ranch is the subject property concerning
this resolution and is in the unincorporated area of Eagle County
and is bound by the Subdivision Improvements Agreement entered into
on November 23, 1992 (incorporated by referenced hereinafter as
Exhibit " A " ); and
WHEREAS, The County Engineering Department conducted a site
visit to inspect the public improvements constructed and
collateralized 'as part of Red Rock Ranch as agreed upon in Exhibit
A.
WHEREAS, The County Engineering Department found that the work
agreed to in Exhibit A, with the exception of the landscaping, was
in compliance with the terms and conditions as outlined in Exhibit
A.
WHEREAS the County now holds collateral for the completion of
the Subdivision Improvements Agreement in the form of a plat note
restricting conveyance of Lots 1 -4 as allowed by the Eagle County
Land Use Regulations 2.07.11; and
WHEREAS, the Subdivider now offers to substitute the
forementioned collateral with a Letter of Credit (incorporated by
referenced hereinafter as Exhibit "B") for the landscaping that
remains to be done in the amount of $10,600.00; and
WHEREAS, the Subdivider has submitted documentation for the
estimated cost of the landscaping at Red Rock Ranch (incorporated
by reference hereinafter as "Exhibit C'); and
WHEREAS, the Letter of Credit is an acceptable form of credit
to the County for the remaining work as agreed to in Exhibit A.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO:
THAT, the BOCC accepts the Letter of Credit as shown in
Exhibit B as collateral for the remaining work to be completed at
Red Rock Ranch.
THAT, the plat note restricting the conveyance of lots 1 -4 is
removed on the condition that the collateral shall be replaced with
a Letter of Credit in the amount of $10,600.00 as indicated in
Exhibit B.
THAT, the Board of County Commissioners finds that this
resolution is necessary for the public health, safety and welfare
of the citizens of Eagle County, Colorado.
MOVED, READ AND ADOPTED by the Board of County Commissioners
of the County of Eagle, State o Colorado, at its regular meeting
held the c day of 1993.
ATTEST:
rk to tp(e Board of
County Commissioners
COUNTY OF EAGLE, STATE OF
COLORADO, By and Through Its
BOARD OF COUNTY COMMISSIONERS
By:
Georg A. Gates, Chairman
Commissioner seconded adoption of the
foregoing reso tion. The roll having been called, the vote was as
follows:
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/Flo�h -
Commissioner George A. Gates
Commissioner Johnnette Phillips
Commissioner James E. Johnson, Jr.
This Resolution passed by ?--0 vote of the Board of
County Commissioners of the County of Eagle, State of Colorado.
File No. PD- 280 -90 -S
A:redrock.res
SUBDIVISION IMPROVEMENTS AGREEMENT
C92- 222 -21
y THIS AGREEMENT, made and entered into this 3 d day of November, 1992,
by and between RED ROCK RANCH PARTNERS (hereinafter "Subdivider ") and the
BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF
COLORADO. (hereinafter "County ").
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WITNESSETH
WHEREAS, the Subdivider, as a condition of approval of the final plat of Red
Rock Ranch Subdivision, hereinafter referred to as "Red Rock Ranch," wishes to enter
into a Subdivision Improvements Agreement as provided for by Section 30 28 -137,
=� C.R.S.; and
WHEREAS, pursuant to Section 2.15.05 of the Land Use Regulations of Eagle
County, as amended, and pursuant to Section 43 -2 -147, C.R.S., the Subdivider shall
�- provide access for all lots and parcels it creates to the state highway system in
~ conformance with the State Highway Access Code, and
WHEREAS, the public improvements for this subdivision are relatively minor,
and
WHEREAS, it is agreeable to both parties to postpone the issue of collateral so
long as there is an appropriate plat notation, and
WHEREAS, pursuant to the same authority, the Subdivider is obligated to
provide security or collateral sufficient in the judgment of the Board of County
Commissioners to make reasonable provisions for completion of certain public
improvements set forth in Exhibit A attached hereto and incorporated herein by this
�? reference,
NOW THEREFORE, in consideration of the premises and the covenants and
agreements herein contained to be kept and performed by the parties hereto, it is
..� hereby understood and agreed as follows:
Q. r-
1. Subdivision Improvements
1.1 The Subdivider hereby agrees, at its sole cost and expense, to furnish all
equipment and material necessary to perform and complete the following subdivision
improvements:
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(a) Landscaping as set forth on the landscaping plan of Red Rock
Ranch PUD, dated January 31, 1991, consisting generally of twenty -four
trees, etc;
EXHIBIT
(b) Improving a road for access to Lots 1 to and including 4 as shown
on the plans of Red Rock Ranch PUD dated January 31, 1991;
(c) Certain drainage features as set forth on the plans of Red Rock
Ranch PUD, dated January 31, 1991,
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in accordance with all final plat documents, construction drawings, designs, 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 and
` -' regulations of the United States of America, State of Colorado, County of Eagle
(including but not limited to the County's applicable road standard regulations), and
�- their respective agencies and affected governmental entities. 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
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approved and accepted as completed by the Board of County Commissioners.
1.2 For those subdivision improvements set forth above, the Subdivider shall
retain such engineering assistance as may be needed.
1.3 The Subdivider agrees to perform and complete the road and utility
improvements prior to November 1, 1993, and the drainage and landscaping
improvements prior to May 1 1994
1.4 The Subdivider agrees to note on the approved plat as follows: Lots 1 to
r and including 4 may not be sold or conveyed until Eagle County accepts the public
r improvements as -complete or collateral acceptable to Eagle County is provided.
- -s 1.5 Subdivider shall indemnify and hold the County harmless from any and
all claims made against the County by any contractor or subcontractor employed in any
of the public improvements, or on account of any other claims against the County
because of the activities of Subdivider's contractors or subcontractors. The
indenuiification and hold harmless provision shall include any legal expenses or costs
incurred by the County.
2. General Provisions
The following shall apply to the subdivision improvements set forth in this
Agreement, unless otherwise designated:
2.1 The parties hereto agree, pursuant to the provisions of Section 30 -28-
137(2), C.R.S., that as improvements are completed, and if collateral has been posted
as provided in paragraph 1.4, the Subdivider may apply to the Board of County
Commissioners for a release of part or all of the collateral deposited with said Board.
Upon inspection and approval, the Board shall release said collateral by (a) physically
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returning the promissory note if one has been required, and (b) by recording a
document in the real property records that recites that the public improvements
�-_ required in paragraph 1.1 have been completed, and Lots 1 to 4 may then be sold, so
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as to release the plat restriction as set forth in paragraph 1.4. If the Board determines
any of such improvements are not constructed in substantial compliance with the
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specifications, it shall furnish the Subdivider a list of specific deficiencies and shall be
entitled to withhold collateral sufficient to reasonably insure such substantial
compliance. If the Board of County Commissioners reasonably determines: (1) that
construction of the improvements is not in accordance with all of the specifications,
` after giving written notice to cure of not less than sixty (60) days to the Subdivider;
or (2) that the Subdivider will not construct any or all of the improvements, the Board
of County Commissioners may withdraw and employ from the deposit of collateral
such funds as may be necessary to construct the improvements in accordance with the
specifications.
2.2 The Subdivider may at any time substitute the collateral originally
deposited with the County herein, if any, for another form of collateral acceptable to
the County to guarantee the faithful completion of those subdivision and off-site
�- improvements referred to herein and the performance of the terms of this Agreement.
-' At the time of substitution of collateral an inflationary and /or deflationary factor based
upon the Denver - Boulder, Colorado Consumer Price Index for All Urban Consumers,
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All Items (1967 -100) published by the U.S. Bureau of Labor Statistics, 303 - 837 -2467, or
alternatively, an approved construction cost index shall be used to determine an
adjusted estimated cost for both subdivision and off -site improvements as described
herein, and collateral shall be submitted by the Subdivider in accordance therewith.
2.3 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 off-site 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 and damaged by
reasons of the nature of said work on the subdivision and off -site improvements, but
all of said liabilities shall 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 to 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) that 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 investigation 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.
2.4 There shall be a two year correction period, or such longer period as may
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be prescribed by law, from the time of completion of the subdivision (such time being
determined by formal hearing and action by the Board of County Commissioners)
during which time the Subdivider shall promptly correct or remove and replace, in
accordance with the 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
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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
�n be reasonably determined by the County. The work shall be inspected, at the request
_n of the Subdivider, approximately sixty (60) days prior to the expiration of the two-year
correction period and any deficiencies shall be noted to the Subdivider.
2.5 The County agrees to the approval of the final plat of Red Rock Ranch,
r � subject to the terms and conditions of this Agreement.
^� 2.6 The parties hereto mutually agree that this Agreement may be amended
` from time to time, provided that such amendment be in writing and signed by all
parties hereto.
2.7 This Agreement shall be enforceable against the Subdivider, provided,
however, that in the event the Subdivider sells or transfers 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 by the purchaser of the parcel, and the
Subdivider shall have no further obligations hereunder. It is agreed, however, that no
such assumption of these obligations shall be effective unless the Board of County
4 Commissioners gives its prior approval to such assumption following an investigation
of the financial condition of the 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 be unreasonably withheld.
2.8 This Agreement shall inure to the benefit of and be binding upon the
parties hereto, their respective successors, and assigns.
2.9 It is further agreed and understood that at all times prior to the
completion and acceptance of the subdivision improvements set forth herein by the
County, each of said improvements set forth herein by the County, each of said
improvements not accepted as improved shall be under the sole responsibility and
charge of the Subdivider.
2.10 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 Eagle County or its officers, employees or agents because
of any breach thereof or because of any terms, covenants, agreements or conditions
contained herein.
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- - -��� the parties hereto have executed this Agreement this
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My commission expires: 9 ',Tk 1 R 4
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- = Notary Pub U
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(SEAL)
STATE OF COLORADO )
ss
County of Eagle )
BOARD OF COUNTY COMMISSIONERS,
EAGLE COUNTY
RED ROCK RANCH PARTNERS,
a Colorado general partnership
By
G -Baker, a General Partner
RED ROCK RANCH PARTNERS,
a Colorado general partnership
B L�
ohn Buchanan, a General Partner
The foregoing instrument was acknowled ed before me this )3 of
November
1992, by Riel�ctr� �. tstt Ys , Chairman of the Eagle
County Board of County Commissioners; and by �"ol�h vt }+e pk i l i ps
Clerk to the Board.
Witness my hand and official seal.
:J
'11!
STATE OF COLORADO )
ss
County of )
The fore in instrument was acknowledged before me this �G of
xb ,7 �,�'` -'u-1 , 1992, by Greg Baker, as a General Partner of Red Rock Ranch
Partners:,
Witness my hand and official seal.
m- expires:
j r•. 7 �
STATE OF COLORADO )
ss
County of
The foregoing instrument was acknowledged before me this /c�' of
1992 by John Buchanan, as a General Partner of Red Rock
Ranch Partners.
Witness my hand and official seal.
hiy commission expires:
Notary Pub
arc9Vedrock.sia
41'1-75 8 -595 P -158 11,/'24,/ "9f 14:1,7 PG 6 O -
PD- 280 -91 -F
Atty #91-0 -
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Red Rock Ranch SIA
11-02-92
A
P=d =Stncticno Ut ilit y t (e=ept gas) and drainage
157,000
22,500
ElectriC cablQ, transformer
arid vaults
7,500
Cable. Tv materials
TeleolaW -materials
(reimbursable)
101000
10
10,000
Natural gas trend
and materials
irrigation clit&iing
and clean -up
10,000
Lwdwaping
$127 g 500
491252 B-5'�5 P 14:1
PG 1 OF .7
EXHIBITA
C
Alpine Bank
® Illi. e Carbondale
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IRREVOCABLE LETTER OF CREDIT
Alpine Bank, Carbondale
0326 Hwy 133,
Carbondale, CO 81623
Irrevocable Letter of Credit
Number 75355 -02
August 10; 1993
Board of County Commissioners
County of Eagle
State of Colorado
P.O. Box 850
Eagle, Colorado 81631
Gentlemen:
We hereby open our irrevocable Letter of Credit in your favor,
available by draft or drafts at sight drawn on the Alpine Bank,
Carbondale for any sum or sums not exceeding in total the sum of
$10,600.00.
For the account of Red Rock Ranch Partnership, a Colorado
general partnership, P.O. Box 2305, Aspen, CO 81612.
For the purpose of guaranteeing that the permitted work is
accomplished in conformance with Eagle County's Regulations for
Construction within the Public Way of Eagle County, adopted June
18, 1984 and effective July 15, 1984, and in conformance with any
special conditions of the permit. Each draft drawn on Alpine Bank,
Carbondale, sight shall be endorsed on the reverse side of this
Letter of Credit and bear upon its face "Drawn under Letter of
Credit Number 75355 -02, dated August 10, 1993, of the Alpine Bank,
Carbondale.
The Alpine Bank, Carbondale agrees with the drawers, endorsers
and bonafide holders of drafts drawn and negotiated in compliance
with the terms of this Letter of Credit that such drafts will be
duly honored upon due presentation at the counter of this bank.
EXHIBIT
0326 Highway #133 • Carbondale, Colorado 81623 • (303) 963 -3040 0 ,
Formerly known as Roaring Fork Bark r? recycled pape
Alpine Bank, Carbondale represents and warrants to the County
of Eagle that it has the full authority and power to issue this
Letter of Credit to the County of Eagle, State of Colorado, in the
total amount and for the period of time stated herein; said
authority being pursuant to the laws of the United States, or
territory which governs the establishment and regulation of Alpine
Bank, Carbondale, and the Alpine Bank, Carbondale charter, by -laws
and other applicable rules and regulations adopted pursuant
thereto. Should it be necessary for the County of Eagle to file
suit in an effort to enforce this irrevocable Letter of Credit,
Alpine Bank, Carbondale hereby waives all venue rights and submits
to the jurisdiction of the District Court in and for the County of
Eagle, State of Colorado.
All drafts hereunder must be drawn on or before May 17, 1994
after the date of conditional approval.
Very truly yours,
ALPINE BANK, C ONDALE
BY•
oe _Sc o eld, President
Attest:
Trish Meredith, Secretary
August 10, 1993
Mr. Greg Baker
Red Rock Ranch
Basalt, Colo.
Re: Revised landscape pricing for Red Rock Ranch.
Dear Greg,
Below listed is updated prices on the above referenced project.
19 21/2" Narrowleaf cottonwood @
5 10 -12' Colo. Spruce @ 400
40,000 sf native hydro seeding @
All notes regarding this proposal remain the same
as indicated on our first proposal.
200 $3,800
2,000
.12 4,800
Since e�ly,
St v Brusig, President
Tie roundcrew, Inc.
$10,600
EXHIBIT
0-"
TiYE MMMMMORP
;)" ffl
P.O. BOX 1066 * BASALT, COLORADO 8162
11W10% n'37 13713
July 15, 1991
Mr. Greg Baker
Aspen Real Estate
205 S. Mill
Aspen, Colo.
Re: Landscape pricing for Hooks Spur Subdivision
Dear Mr. Baker,
Below listed is a breakout of costs you reqested on the
above referenced project.
19 ea. 2 1/2" (12 -15 Rarrowleaf cottonwood @ 200 3,800
5 ea 10 -12' Colo. Spruce @400 2,000
40,000 sf Dryland Hydroseeding
Total:
Above prices do not include grading (finish) of the seed
areas. If requested, this would be additional @.05 per sf.
You should expect many weeds to come up in the seeded areas
during the germination and establishment Period. These will
need to be controlled in order for a good stand of grasses to
take. This._ma.inten.c.e.,wo.rk will be required for the first 12
months of establishment,. (2 growing seasons).
All plants are warranted from 1 year of installation if watered
and fertillized properly.
Feel f to contact me at 927 -3725 with questions.
Since ely,
Ste e Brusig, President
T G oundcrew, . _.I .
i'
TyE
P.O. BOX 1066 • BASALT, COLORADO 81621,
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