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Home My WebLink AboutC80-005 SIA for Berry Creek Ranch - June Creek' g SU ` IVL-bION IMPROVET,IENTS AGRE THIS AGREEMENT, made and entered into this 22nd day of January, 1980, by and between Berry Creek Metro- politan District, a quasi -municipal corporation under the laws of the State of Colorado, hereinafter referred to as "the District", June Creek,Ranch Company, a Colorado joint venture, hereinafter referred to as "Subdivider", and the County of Eagle, State of Colorado, a body corporate and politic, by and through its Board of County Commissioners, hereinafter referred to as "County", WITNESSETH: WHEREAS, the District, in connection with the approval of the final plats for Berry Creek Ranch Subdivision, Filing Nos. 3 and 4, (the "Subdivision") desires to enter into a Subdivision Improvements Agreement with County as provided for by Section 30-28-137, Colorado Revised Statutes 1973, as amended; and WHEREAS, pursuant to said statute, the District desires to make reasonable provision for completion of certain public improvements ("Improvements") set forth in Exhibit "A" attached hereto and by reference incorporated herein; and WHEREAS, Subdivider has agreed to provide the funds necessary for District to carry out the provisions of this Agreement, should said funds not be available from any other source; and WHEREAS, Subdivider has agreed to complete certain other non-public improvements; and WHEREAS, the Upper Eagle Valley Sanitation District, a quasi -municipal corporation under the laws of the State of Colorado, has assumed responsibility for collection and treatment of sewage generated from within the Subdivision; NOW THEREFORE, in consideration of the following mutual covenants, conditions and promises, the parties hereto agree hereby as follows: 1. The District hereby agrees, at its sole cost and expense, to furnish all equipment and material necessary to perform and complete, within 36 months from the dates of recordation of the Subdivision final plats, in a good work- manlike manner, all public improvements as shown in the final plat documents for the Subdivision in accordance with all plans and specifications for the Subdivision filed in the office of the County Engineer and/or the County Department of Planning and Development and to do all work incidental thereto according to and in compliance with the following: (a) All final plat documents submitted prior to or at the time of final plat approval. (b) All laws of the United States of America, State of Colorado, County of Eagle and its respective agencies, affected special districts and/or service districts. (c) Such other designs, drawings, maps, speci- fications, sketches and other matter submitted by the Subdivider to and approved by any of the above referenced governmental entities. All said work shall be done under the inspection of, and to the satisfaction of the County Engineer and/or the County Building Official, respectively, and, shall not be deemed complete until approved and accepted as completed by the Board of County Commissioners of the County or said Board's appointed designee. As a minimum standard, no portion of any roadways to be constructed shall have a sight distance of less than 150 feet. The estimated cost of said work and improvements is the sum of $2,734,700.00. 2. To secure and guarantee for the benefit of the County the performance of the District's obligations as set forth herein, the Subdivider agrees that to the extent the District shall fail to perform its obligations as set forth herein, the Subdivider, in the place and stead of the District, shall perform the same. 3. The County agrees to approval of the Subdivision subject to the terms and conditions of this Agreement. 4. This Agreement may be amended from time to time, provided that such amendment be in writing and signed by all parties hereto. -2- 5. In the event suit is brought upon this Agreement, the District and the Subdivider hereby agree to pay a reasonable attorneys fee to be fixed by the Court if Judgment is rendered in favor of County; and County shall pay reasonable attorneys fees if Judgment is rendered in favor of the District or the Subdivider. 6. 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 works specified in this Agreement prior to the completion and acceptance of the same, nor shall County, nor any officer or employee thereof, be liable for any persons or property injured by reason of the nature of said work, but all of said liabilities shall and are hereby assumed by the District and the Subdivider. The District and the Subdivider hereby agree to indemnify and hold harmless the County, and any of its officers, agents, and employees against any losses, claims, damages or liabilities to which County or any such 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 District or the Subdivider hereunder, including the represen- tation and covenant that County will not be responsible for any aspect of the proposed sanitary disposal system; and the District and the Subdivider shall reimburse County for any and all legal or other expenses reasonably incurred by 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 District and the'Subdivider may have. 7. The District shall at all times from the date of acceptance by the Board of County Commissioners of the road rights-of-way offered for dedication in the subject subdivision up to the date of completion, and acceptance by County, of thE: subject work or improvement, give good and -3- 00 adequate warning to the traveling public of each and every dangerous condition existent in said roads or any of them, shall protect the traveling public from such defective or dangerous conditions and shall adequately post all roads within the Subdivision for a maximum speed limit of 20 miles per hour. Until the completion of all the improvements herein agreed to be performed, each of said roads not accepted as improved shall be under the charge of the District for the purposes of this Agreement; and the District may close all or a portion of any street or road whenever it is necessary to protect the traveling public during the construction or installation of the improvements herein agreed to be made. 8. At its sole cost and expense, Subdivider ti. shall construct, as cause to be constructed, driveways to the lots hereinafter enumerated. Such driveways shall be constructed at the time the roads are built and generally will be constructed to the same specifications in regard to cut and fill slopes, compaction and revegetation with a maximum grade of 10% and a surface of 6 inches of compacted gravel road base material. Building lots upon which the Subdivider will construct driveways are as follows: Berry Creek Ranch - Filing No. 3 Block 1, Lot 10 Block 3, Lots 11, 12 and 17 Berry Creek Ranch - Filing No. 4 Block 1, Lots 12 and 13 (common driveway) Block 2, Lots 28, 38 and 39 Block 3, Lots 1, 30 and 24 Block 4, Lot 22 9. Upon demand by County and from time to time, upon completion of portions of the Improvements, Subdivider will cause its engineer (who shall be registered in the State of Colorado) to certify that the installation of the Improve- ments, as portions thereof may be completed from time to time, have been completed in conformance with all standards and specifications as submitted to and previously approved by County. -4- i t � 10. The District and the Subdivider warrant all work and material for a period of one year after acceptance of all work referred to in this Agreement by County. IN WITNESS WHEREOF, the parties have hereunto set he hands and seals the day and year first above written. COUNTY OF EAGLE, STATE OF COLORADO By and through its Board of County Commissioners 10 i 0 Chairman le of the Board of '+"'?County Commissioners BERRY CREEK METROPOLITAN DISTRICT ATTEST Y: BY: Chairman Assistant Secretaily Subdivider: JUNE CREEK RANCH COMPANY, a Colorado Joint Venture BY: Sig Frederick D. Green PZanaging General Partner 00 0-0 ACKNOWLEDGMENT STATE OF COLORADO ) ) s s . COUNTY OF EAGLE ) The foregoing instrument was acknowledged before me this day of jMVZ4U19 el), by Frederick D. Green, Managing General Partner of June Creek Ranch Company, a Colorado joint venture. Witness my hand and official seal. My commission expires: G�/ 0J ,0 , Notary P blic �j STATE OF COLORADO ) ) ss. COUNTY OF EAGLE ) The foregoing instrument was acknowledged before me this day of /�7 fC�LG 19eJ0, by James R. Bartlett, r Chairman, and Richard H. Bailey, Assistant Secretary, of Berry Creek Metropolitan District. Witness my hand and official seal. My commission expires: < Notary Public M EXHIBIT "A" PUBLIC IMPROVEMENTS FOR ROADS AND RELATED DRAINAGE WORK AND RE -VEGETATION AND RESTORATION OF AFFECTED TERRAIN Said improvements shall include excavation, embank- ments, paved surfacing, central water system, drainage work and construction and installation of culverts; restoration and re -vegetation of terrain disturbed by said improvements. All of the above as more specifically set forth on the final plats for Berry Creek Ranch Subdivision, Filing Nos. 3 and 4, and those public improvement maps, plans, and specifications for said Subdivision as filed in the office of the County Clerk and Recorder, and/or County Engineer and/or the Department of Planning and Development, respectively, of the County of Eagle, State of Colorado, all of said documents incorporated herein by this reference.