-  Reception#: 12/05/2022 1of2 Rec 10:02/20 981816 AM Jean Alberico  Fee:$18.00 Doc Fee:0.00 GARFIELD COUNTY CO  ORDINANCE NO.12 SERIES OF 2022  AN ORDINANCE OF THE BOARD OF TRUSTEES OF THE TOWN OF CARBONDALE, COLORADO, APPROVING AN EXTENSION OF THE DEADLINE TO COMPLETE PUBLIC IMRPOVEMENIS FOR CARBONDALE MARKETPLACE SUBDIVISION, RESUBDIVISION OF  LOT5A.  WHEREAS, ProBuild Company, LLC, also known as Builders FirstSource or BFS Group, LLC ("Applicant") previously submitted an application to the Town of Carbondale ("Town") for the approval of a preliminary plat and a final subdivision plat ("Amended Plat") to re-subdivide Lot 5A of the Carbondale Marketplace Subdivision (the "subject property") as described on the First Amended Plat of Lot 5, Carbondale Marketplace Subdivision, recorded in the Garfield County real property records on May 25, 2018 at Reception No. 907183, into two lots to be known as Lot 5A (as amended) and Lot 5C, for Major Site Plan Review approval to develop a lumber and building supply business on Lot 5A (as amended), and for approval of alternative compliance related to landscaping/ screening, fence height and commercial building  design upon Lot 5A (as amended); and  WHEREAS, on June 23, 2020 the Board of Trustees of the Town of Carbondale adopted Ordinance No. 6, Series of 2020, and the Subdivision Improvements Agreement for Carbondale  Marketplace Subdivision, Re-subdivision ofLot 5A; and  WHEREAS, pursuant to section 5.d of Ordinance No. 6, Series 2020 and section 4.b of said Subdivision Improvements Agreement, the deadline to complete required public improvements pursuant to the terms of said Ordinance and Subdivision Improvements: Agreement, was within two years of the date of recordation of the Amended Plat; and  WHEREAS, on September 2, 2020 Applicant purchased the subject property from WHEREAS, the First Amended Plat was recorded in the Garfield County real property WHEREAS pursuant to Section 16 of said Subdivision Improvements: Agreement, the Town has discretion to extend the deadline for completion of the required Public Improvements upon written request from the Developer and any third party that provided security to the Town to guaranty completion of the Public Improvements after a hearing before the Board of Trustees and approval of the associated ordinances and/or amendments to the Annexation Agreement; and WHEREAS, pursuant to a letter to the Town dated August 3, 2022, Sopris Engineering, LLC on behalf of the Applicant has certified that the Public Improvements have not been  Crystal River Marketplace, LLC; and  records on September 3, 2020 at Reception No. 941398; and  completed and request a new completion date of June 15, 2023; and  WHEREAS, the Board of Trustees finds that the reasons for the delay occurred through  no fault of the Applicant and for reasons beyond the Applicant's control; and  2    Reception#! 12/05/2022 10:02:20AM 981816 Jean Alberico 2of2 Rec Fee:$18.00 Doc Fee:0.00 GARFIELD COUNTY Co  Town of Carbondale Ordinance No. 12-2022  Page2of2  WHEREAS, the Board of Trustees finds and determines that this extension request should be granted, for good cause shown, including that the Applicant has been diligently  engaged with Town staffi in the construction of required public improvements. TRUSTEES OF THE TOWN OFCARBONDALE, COLORADO, that:  NOW THEREFORE, BE IT THEREFORE ORDAINED BY THE BOARD OF  1.  Applicant's request for an extension of the required public improvements  completion date is hereby granted. Applicant shall have through and including June 15, 2023 to complete the required public improvements for Carbondale Marketplace Subdivision, Re-  subdivision ofLot5 5A. 2.  Except as amended herein, all terms and conditions of Ordinance No. 6, Series of  2020, the Subdivision Improvements Agreement for Carbondale Marketplace Subdivision, Re-  subdivision ofLot 5A shall remain in full force and effect.  INTRODUCED, READ AND PASSED lisa2' day of November, 2022.  THE TOWN OF CARBONDALE BRy  By:  ATTEST: By:  A  SEAL C ASCLORADO  BD Cathy Derby, Town Clerk  vU