Grand County requires Timbers project to put additional $100,000 in escrow |

Grand County requires Timbers project to put additional $100,000 in escrow

Jack Gindi of IPS Development, Boulder, sat in the hot seat Tuesday as Grand County Commissioners Nancy Stuart and Gary Bumgarner listened to testimony about why they shouldn’t vacate the developer’s building plat.

The Timbers Condominium project in the Summit at Winter Park Ranch is facing past-due improvements such as proper drive pavement, a homeowners association that claims it has already paid $30,000 in assessments on behalf of the developer, homeowners unhappy with the rate of construction of road improvements, their buildings and units, and violation of a county plat restriction.

Between December 2007 and January 2008, the developer sold units in a building that was not yet released by the county. The title company missed the mistake, according to the developer.

“There was a Subdivision Improvements Agreement, an agreement that I didn’t know about,” Gindi said. “My predecessor, my ex-partner signed the agreement, so I sold units there with no knowledge that this even existed, that I wasn’t supposed to be selling this stuff, and the title company never caught it. It was an agreement that was filed, they should have caught it.”

The miscommunication was compounded by the fact that at the time of the sales, Gindi said he was out of the country signing papers sent by fax.

“It was an innocent mistake, that’s all it was,” he said.

In July, after finding out the mistake, the county told Gindi that to move forward, as-builts needed to be submitted for all completed improvements as well as cost estimates for remaining improvements, which were not submitted. The county gave the developer extensions.

“The county had pushed us to get it done in a few weeks and it wasn’t possible,” Gindi said.

At Tuesday’s hearing, County Attorney Jack Dicola pointed out that the county didn’t have security on the third phase of The Timbers, even though units were sold in that phase. The attorney calculated the county was short $100,000 needed in escrow to address roadway issues in the development atop the $143,000 already being held.

Gindi, who said his company is now having to pay out-of-pocket due to limited financing during the economic crisis, agreed to the $100,000 in escrow if the money could be drawn for infrastructure work needed.

Each draw will be engineer-certified, Dicola said, “to make sure everything is done according to plans.”

Granting time to compile the necessary paperwork, commissioners continued the default hearing to next Tuesday morning.

” Tonya Bina can be reached at 887-3334 ext. 19603 or e-mail

Other public Hearings Tuesday:

Grand County Commissioners had six public hearings Tuesday. The following are results of four of those hearings:

Cell tower application withdrawn

– Cricket Communications Inc. and Mile High Tower applied for a special use permit to construct a 100 foot cellular tower at the Horseman’s Association property at the Fraser Rodeo grounds, the public hearing for which was scheduled for Tuesday. Cricket notified Grand County’s staff that they will be co-locating on Verizon’s Fraser tower and accordingly, withdrew the special-use permit application.

Junk violation dismissed

– A junk violation at the Wendy Campbell residence was “adequately cleaned up” by the time of a public hearing on the issue set for Tuesday. “The dilapidated camper, old appliances, furniture, metal, fences and machinery parts have all been removed from this property,” reported the county planning department. The county dismissed the violation.

Gravel permit renewed

– A five-year permit was renewed for gravel-pit operator Evans Holding, renamed for lessee Overlook Mine. One condition of the permit for the 9-acre pit west of Parshall was to allow a 70-foot wide corridor for big game migration.

Cafe granted liquor license

– Betty’s Cafe on Highway 34 four miles outside of Grand Lake gained a liquor license during its public hearing Tuesday. Betty Corbin said the business’s former attempts to open on evenings proved unprofitable because they didn’t sell beer or mixed drinks. Since she and her husband Robert, now entered in TIPS classes, don’t drink themselves, Betty said, “It’s a drastic step for us, but we felt it was for the well-being for our company.”

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