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Home My WebLink AboutC80-047 SIA for Valley Associates2 0280 Recorded :00 P.M. August 1, 1980 � � Fee $ 18.00 pd Wf '` Recorder: r1nnette Phillips Eagle County gook 306 Page 418 SUBDIVISION IMPROVEMENTS AGREEMENT THIS AGREEMENT, made and entered into this 30th day of July, 1980, by and between VALLEY ASSOCIATES, LTD., a Colorado limited partnership, hereinafter called the Sub- divider, and the Board of County Commissioners of Eagle County, hereinafter called the County. WITNESSETH: WHEREAS, the Subdivider as a condition of approval of the final plat of The Ridge At Vail, wishes to enter into a Subdivision Improvements Agreement as provided for by Section 30-28-137, Colorado Revised Statutes 1973, as amended; 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; and, WHEREAS, the Subdivider wishes to provide collateral to guarantee performance of this Agreement, including construction of the above -referenced public improvements by means of a promissory note secured by a first deed of trust on real property located in the County of Eagle, State of Colorado; and, WHEREAS, pursuant to Section 5.02.15 of the Subdivision Regulations of the County, the County has determined that the subject subdivision and other probable subdivisions will jointly effect certain off site access roads requiring improve- ments in such roads as set forth in Exhibit B attached hereto and incorporated herein; and, WHEREAS, the County and the Subdivider have agreed upon a cost sharing program to upgrade the off site access roads by means of the Subdivider paying in cash a proportionate share of the costs�of making the improvements set forth in Exhibit B. 0 '- w (7) NOW THEREFORE, in consideration of the following mutual covenants and agreements, the Subdivider and the County agree as follows: I. ON SITE AND CONTIGUOUS IMPROVEMENTS 1. The Subdivider hereby agrees, at its sole cost and expense, to furnish all equipment and material necessary to perform and complete, within 18 months from the date of recordation of the above -referenced subdivision final plat, in a good and workmanlike manner, all public improvements as shown in the final plat documents for the subject subdivision in accordance with all plans and speci- fications for the subject subdivision filed in the office of the County Engineer and/or Department of Community 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, specifi- cations, 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. 2. The estimated cost of said work and improve- ments is the sum of $85,000.00. 3. To secure and guarantee performance of its obligations as set forth herein, the Subdivider agrees to -2- provide security and collateral in the following form, as approved herein by the County: a promissory note in the amount of $85,000.00 secured by a first deed of trust on Lot 1 of the subject subdivision. 4. The Subdivider may at any time substitute the collateral originally deposited with the County herein for another form of collateral reasonably acceptable to the County to guarantee the faithful completion of those public improvements referred to herein and the performance of the terms of Part I of this Agreement. 5. 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 works specified in Part I of 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 by reason of the nature of said work, 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 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 Subdivider hereunder; and the Subdivider shall reimburse the County for any and all legal or other expenses reasonably 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. 6. It is mutually agreed, pursuant to the pro- visions of Section 30-28-137(3), Colorado Revised Statutes 1973,.as amended, that the County or any purchaser of any lot, lots, tract or,tracts of land subject to a plat restric- tion which is the security portion of a subdivision improve- ments agreement shall have the authority to bring an action -3- in any district court to compel the enforcement of any subdivision improvements agreement on the sale, conveyance or transfer of any such lot, lots, tract or tracts or land or of any other provision of this article. Such authority shall include the right to compel rescission of any sale, conveyance or transfer of any lot, lots, tract or tracts ofd land contrary to the provisions of any such restrictions sett forth in the plat or in any separate recorded instrument, but any such action shall be commenced prior to the issuance of a building permit by the County where so required. 7. It is further mutually agreed that pursuant to the provisions of Section 30-28-137(2), Colorado Revised Statutes 1973, as amended, that as improvements are completed, 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. If the board determines that any of such improvements are not constructed in substantial compliance with specifications, it shall furnish the Subdivider a list of specific deficiencies and shall be entitled to withhold collateral sufficient to ensure such substantial compliance. If the Board of County Commissioners determines that the Subdivider will not construct any or all of the improvements in accordance with all of the specifications, 0 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 specifi- cations. 8. The Subdivider warrants all work and material for a period of one year after acceptance of all work referred to in Part I of this Agreement by the County. Further, the County shall have aright to require security or collateral be provided by Subdivider to remain, as determined by the County, sufficient to cover any and all claims under this warranty. -4- OFF SITE ACCESS ROAD IMPROVE14ENTS 1. The County has determined that the total cost of making the improvements set forth in Exhibit B is $2,698.00, with the Subdivider's proportionate share of such cost being $172.00. 2. The County upon execution of this Agreement hereby acknowledges the receipt of $172.00, paid as the Subdivider's full cost for the impact of the subject sub- division on off site access roads to said subdivision, and Subdivider shall have no further obligation for off site impacts. 3. The County hereby further agrees, at its sole cost and expense to furnish all equipment and material 1--!$ necessary to perform and complete, within months from #�fiqma, p the date of recordation of the above -referenced subdivision final plat, in a good and workmanlike manner, all public improvements set forth in Exhibit B in accordance with all laws, rules and regulations of the United States of America, State of Colorado, County of Eagle and its respective agencies, affected special districts and/or service districts. If such improvements are not completed within the period set forth above or at any time that such improvements are not completed and the off site access roads referred to in Exhibit B have been removed from the jurisdiction of the County, the Subdivider shall be entitled to the immediate return of all money paid to the County under Part II of this Agreement, as the Subdivider's sole remedy. 4. The Subdivider shall not, nor shall any prin- cipal or employee thereof, be liable or responsible for any accident, loss or damage happening or occurring to the works specified in Part II of this Agreement, nor shall the Sub- divider, nor any principal 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 County. The County hereby agrees to indemnify and hold harmless the Subdivider, and any of its principals, agents and employees MM k against any losses, claims, damages, or liabilities to which the. Subdivider or any such of its principals, 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 County hereunder; and the County shall reimburse the Sub- divider for any and all legal or other expenses reasonably incurred by the Subdivider 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 County may have. 5. The County warrants all work and material for a period of one year after completion of all work referred to in Part II of this Agreement by the County. III. GENERAL PROVISIONS 1. The County agrees to approval of the final plat of The Ridge At Vail, subject to the terms and conditions of this Agreement. 2. Parties hereto mutually agree that this Agreement may be amended from time to time, provided that such amendments be in writing and signed by all parties hereto. 3. This Agreement shall be enforceable against the Subdivider provided, however, that in the event the Sub- divider sells or transfers all or part of the subject sub- division, as shown in the final plat (prior to extensive sales of individually platted tracts), 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 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 Commissioners gives its prior approval to such assump- tion, following an investigation of the financial condition of the purchaser. M e 4. Notwithstanding anything contained hereinabove to the contrary, if at any time the subject subdivision is annexed into the Town of Vail or for any other reason is removed from the jurisdiction of the County, the Subdivider, shall have no further obligations or liabilities under this, Agreement and the County shall immediately return the proms- sory note and release the Deed of Trust given as collateral SUBDIVIDER: VALLEY ASSOCIATES, LTD., a Colorado limited partnership P. 0. Box 915 Vail, Colorado 81657 BY: 0, Z111'4: �'X J � e Wil iam J.� os , P. 0. Box 3149, Vail, Colorado 81657, as Attorney In Fact for Valley Associates, Ltd., a Colorado limited partnership STATE OF COLORADO ) ) ss. COUNTY OF EAGLE ) The foregoing Subdivision ImprovemenA reement was acknowledged before me this' day of 1980, by William J. Post, as Attorney In Fact f Vat ey Associates, Ltd., a Colorado limited partnership. Witness my hand and offi My commission expires: -7- hereunder. I,N WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written. COUNTY OF EAGLE, STATE OF COLORADO dy°>> By and through its TTES`I�. BOARD OF COUNTY COMMISSIONERS F • BY: t Dale F. P rant , ChaiYman lerk o ` the rd of "dourity 'Commissioners SUBDIVIDER: VALLEY ASSOCIATES, LTD., a Colorado limited partnership P. 0. Box 915 Vail, Colorado 81657 BY: 0, Z111'4: �'X J � e Wil iam J.� os , P. 0. Box 3149, Vail, Colorado 81657, as Attorney In Fact for Valley Associates, Ltd., a Colorado limited partnership STATE OF COLORADO ) ) ss. COUNTY OF EAGLE ) The foregoing Subdivision ImprovemenA reement was acknowledged before me this' day of 1980, by William J. Post, as Attorney In Fact f Vat ey Associates, Ltd., a Colorado limited partnership. Witness my hand and offi My commission expires: -7- EXHIBIT A PUBLIC IMPROVEMENTS FOR PRIVATE AND PUBLIC ROADS AND RELATED DRAINAGE WORK AND WATER, SEWER, ELECTRICAL, TELEPHONE A14D TELEVISION SYSTEMS, AND RE -VEGETATION AND RESTORATION OF AFFECTED TERRAIN Said improvements shall include construction of -road shoulder and retaining wall for contiguous public road; excavation, construction, embanking, and paved surfacing of private roads and related construction and installation of retaining walls, drainage work and culverts; excavation and construction of central water and sewer system and underground electrical, telephone and cable television systems; and restoration and re -vegetation of terrain disturbed by said improvements. All of the above as more specifically set forth on the final plat for The Ridge At Vail, 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. C EXHIBIT B OFF SITE ACCESS ROAD IMPROVEMENTS BUFFER CREEK ROAD Construction of a six foot wide road shoulder (measured from the edges of the existing paved portion of the road) on each side of Buffer Creek Road from that point where Buffer Creek Road intersects with the northerly boundary of Buffer Creek Subdivision to that point where Buffer Creek Road intersects with Lion's Ridge Loop, in accordance with standards for Eagle County roads located in locals similar to said portion of Buffer Creek Road. LION'S RIDGE LOOP Construction of a six foot wide road shoulder (measured from the edges of the existing paved portion of the road) on each side of Lion's Rdige Loop from that point where Lion's Ridge Loop intersects with Buffer Creek Road to that point where Lion's Ridge Loop intersects with Parcel A, Lion's Ridge Subdivision, Filing No. 2, in accordance with standards for Eagle County roads located in locals similar to said portion of Lion's Ridge Loop.