HomeMy WebLinkAboutC87-116 SIA for Chambers Ranch Parcels II Subdivisiona. b
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SUBDIVISION AND OFF-SITE IMPROVEMENTS AGREEMENT
CHAMBERS RANCH PARCELS II SUBDIVISION
THIS AGREEMENT, made and entered into this I'
day of June, 1987, by and between Loren G. Chambers, herein-
after referred to as the "Subdivider", and the Board of County
Commissioners of the County of Eagle, State of Colorado,
hereinafter referred to as the "County".
WITNESSETH:
WHEREAS, the Subdivider, as a condition of approval
of the final plat of the Chambers Ranch Parcels II Subdivi-
sion, wishes to enter into a subdivision improvements agree-
ment as provided for by Section 30-28-137, C.R.S.; and
WHEREAS, pursuant to the same authority, the Subdi-
vider 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 improve-
ments set forth in Exhibit A attached hereto and incorporated
herein by this reference; and
WHEREAS, pursuant to Section 2.20 of the Land Use
Regulations of Eagle County, Colorado, 1982, as amended, when
a proposed subdivision is located in an area serviced by an
existing County road and the County determines that the
traffic generated by such traffic will result in safety
hazards for vehicle drivers, pedestrians and/or adjacent
residents, or will result in substantially increased mainte-
nance costs to the County, the County is empowered to determine
the amount of work necessary to bring the affected County road
to acceptable standards to provide adequate safe service to
present owners, to the proposed subdivision and to other
probable subdivisions, and to require the Subdivider to
improve such road to an acceptably safe condition; and'
WHEREAS, the County has determined that the traffic
which will be generated by the Chambers Ranch Parcels II
Subdivision, along with other potential subdivisions in the
area, will result in safety hazards and substantially increased
maintenance costs relative to the Fairgrounds Road; and
WHEREAS, the Subdivider has agreed to improve the
Fairgrounds Road to an acceptably safe condition and to
accommodate the incremental increase in traffic burden to the
said road resulting from the development of the Chambers Ranch
Parcels II Subdivision, by the engineering, construction and
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completion of physical improvements to the said road as set
forth in this Agreement; and
WHEREAS, as a further condition of approval of the
final plat of the Chambers Ranch Parcels II Subdivision, the
Subdivider is obligated to provide security and collateral
sufficient in the judgment of the Board of County Commissioners
to make reasonable provision for completion of those certain
off-site road improvements referred to herein.
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:
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 prior to August 30,
1987, all public improvements as set forth in
Exhibit A, in accordance with all final plat docu-
ments, 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 of the United States of America, State of
Colorado, County of Eagle and its respective agen-
cies 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, respectively, and shall not
be deemed complete until approved and accepted as
completed by the Board of County Commissioners.
1.2 For those subdivision improvements set forth in
Exhibit A, the Subdivider shall retain an engineer
whose duties shall include construction staking,
observation of construction for conformance to the
approved plans and specifications; and materials
sampling, testing and inspection using the Colorado
Department of Highways 1983 Materials Manual as a
guide for frequency of sampling and testing.
1.2.1 Where applicable and by way of example only,
the following is a highlighting of the construction
staking that will be required of the Subdivider:
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1. Roadway - horizontal and vertical control
every 100 feet or every 25 feet in critical
areas, specifically including:
-slope staking
-points of curvature
-points of tangency
-fillet radius points
-culverts
-transition points for
super -elevation
-finished sub -grade
-finished gravel
1.2.3 Witnessing of Water Laterals - It is essen-
tial that the ends of these laterals be witnessed by
the Subdivider's engineer to a minimum of three
divergent points and a permanent record made of the
same. Copies of these records are required to be
furnished to the Eagle County Engineer prior to
acceptance of the subdivision improvements by the
County. In addition to witnessing of the horizontal
location of these laterals, a vertical witness shall
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2. Water and Other Utilities - horizontal and
vertical control every 100 feet; or every 50
feet in critical areas.
1.2.2 Where applicable and by way of example only,
the following is a highlighting of the testing that
will be required of the Subdivider:
1. Utility trench backfill under roadway
prisms - one density test per 200 C.Y. of
backfill. This will require daily visits to
the site by a testing laboratory when utilities
are being backfilled within the roadway prism.
This testing shall be accomplished whether the
trench is for water, gas, electric, telephone
or cable T.V.
2. Embankments for roadways - one density test
per 2,000 C.Y. of any additional embankment(s).
3. Finished sub -grade - one density test per
1,000 lineal feet of roadway.
4. Aggregate base course - one in-place
density, gradation and Atterberg Limits test
per 1,000 tons of ABC.
1.2.3 Witnessing of Water Laterals - It is essen-
tial that the ends of these laterals be witnessed by
the Subdivider's engineer to a minimum of three
divergent points and a permanent record made of the
same. Copies of these records are required to be
furnished to the Eagle County Engineer prior to
acceptance of the subdivision improvements by the
County. In addition to witnessing of the horizontal
location of these laterals, a vertical witness shall
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be required. Horizontal witnessing shall be to
property corners, fire hydrants, manholes, and other
"permanent" features. Vertical witnessing shall be
based on depth below ground and elevation based on a
datum used for the subdivision. Bench marks shall
be shown on witness records.
1.2.4 All test reports shall be consecutively
numbered with copies furnished directly to the Eagle
County Engineer from the laboratory as they are
reported to the Subdivider or its engineer.
2. Off -Site Road Improvements.
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2.1 In conjunction with the final plat approval of
the Chambers Ranch Parcels II Subdivision, the
Subdivider hereby agrees, at its sole cost and
expense, to furnish all equipment and material
necessary to perform and complete, prior to August
30, 1987, all off-site road improvements to Fair-
grounds Road as set forth in Exhibit A attached
p
hereto.
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2.2 All off-site road improvements performed by or
under the direction of the Subdivider shall be done
to the reasonable satisfaction of the County Engineer
and shall not be deemed complete until approved and
accepted as completed by the Board of County Commis-
sioners. Furthermore, the Subdivider shall be
required to obtain all necessary permits and comply
with the provisions of the Regulations for Construc-
tion within the Public Ways of Eagle County, Chapter
V of the Eagle County Land Use Regulations, as the
same are in effect at the time of commencement of
construction of the off-site road improvements
referred to herein. Notwithstanding the foregoing
compliance requirements, the County hereby expressly
waives any and all plan review, permit, inspection
and other fees imposed by and required pursuant to
the Regulations for Construction within the Public
Ways of Eagle County relative to the Subdivider's
construction of the off-site road improvements
referred to herein. In the event of any inconsis-
tency or incongruity between the provisions of this
Subdivision Improvements Agreement and the Regula-
tions for Construction within the Public Ways of
Eagle County, the provisions of this Subdivision
Improvements Agreement shall in all respects govern
and control.
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2.3 In the reconstruction and physical improvement
of that portion of Fairgrounds Road referred to
hereinabove, the Subdivider shall retain an engineer
whose duties shall include construction staking,
observation of construction for conformance to the
approved plans and specifications; and materials
sampling, testing and inspection using the Colorado
Department of Highways 1983 Material Manual as a
guide for frequency of sampling and testing.
2.3.1. The following is a highlighting of the
construction staking that will be required of the
Subdivider for the subject off-site road improve-
ments:
Roadway - horizontal and vertical control 100
feet or every 25 feet in critical areas,
specifically including:
2.3.2. The following is a highlighting of the
testing that will be required of the Subdivider for
the above -referenced off-site road improvements:
1. Utility trench backfill under roadway
prisms - any utility relocates within the
roadway prism, and culvert backfill shall
require one density test per 200 C.Y. of
backfill. This will require daily visits to
the site by a testing laboratory when utilities
are being backfilled within the roadway prism.
2. Embankments for roadways - one density test
per 2,000 C.Y. of embankment.
3. Finished sub -grade - one density test per
1,000 lineal feet of roadway.
4. Aggregate base course - one in-place
density, gradation and Atterberg Limits test
per 1,000 tons of ABC.
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-slope staking
-points of curvature
-points of tangency
-fillet radius points
In
-culverts
-transition points for super -elevation
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-finished sub -grade
-finished gravel
2.3.2. The following is a highlighting of the
testing that will be required of the Subdivider for
the above -referenced off-site road improvements:
1. Utility trench backfill under roadway
prisms - any utility relocates within the
roadway prism, and culvert backfill shall
require one density test per 200 C.Y. of
backfill. This will require daily visits to
the site by a testing laboratory when utilities
are being backfilled within the roadway prism.
2. Embankments for roadways - one density test
per 2,000 C.Y. of embankment.
3. Finished sub -grade - one density test per
1,000 lineal feet of roadway.
4. Aggregate base course - one in-place
density, gradation and Atterberg Limits test
per 1,000 tons of ABC.
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C. C
2.3.3. All test reports shall be consecutively
numbered with copies furnished directly to the Eagle
County Engineer from the laboratory as they are
reported to the Subdivider or its engineer.
3. Costs of Improvements and Collateral.
3.1 The estimated cost of the Subdivider's subdivi-
sion improvements and off-site road improvements is
the sum of $15,110-00, as identified in Exhibit A
attached hereto and by this reference made a part
hereof. To secure and guarantee performance of its
obligations as set forth in Section 2, including the
completion of those certain off-site road improve-
ments set forth herein, the Subdivider hereby agrees
to provide security and collateral in the form of an
escrow account on behalf of Eagle County.
4.2. The Subdivider may at any time substitute the
collateral originally deposited with the County
4. General Provisions.
The following shall apply to both the subdivision
and off-site improvements set forth in this Agree-
ment, unless otherwise designated:
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4.1. The parties hereto agree, pursuant to the
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provisions of Section 30-28-137 (2), C.R.S., 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 deter-
mines any of such improvements are not constructed
in substantial compliance with the 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 accor-
dance with all of the specifications, after giving
written notice to cure of not less than 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 accor-
dance with the specifications.
4.2. The Subdivider may at any time substitute the
collateral originally deposited with the County
herein, 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, All Items (1967=100)
published by the U.S. Bureau of Labor Statistics,
303-837-2467, or, alternatively, an approved construc-
tion 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.
4.4 There shall be a two-year correction period, or
such longer period as may 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
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4.3 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
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persons or property injured or damaged by reason of
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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
investigating or defending any such loss, claim,
damage, liability or action. This indemnity provi-
sion shall be in addition to any other liability
which the Subdivider may have.
4.4 There shall be a two-year correction period, or
such longer period as may 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
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instructions, defective work or materials and
consequences thereof. Repair or replacement made
under the two-year correction period shall bear an
additional two-year correction period from the
acceptance of the repair or the replacement by the
Eagle County Engineer. The work shall be collater-
alized during the correction period in an amount and
type of collateral as shall be reasonably determined
by the County. The work shall be inspected, at the
request of the Subdivider, approximately 60 days
prior to expiration of the two-year correction
period and any deficiencies shall be noted to the
Subdivider.
4.9 It is further agreed and understood that at all
times prior to the completion and acceptance of the
subdivision and off-site improvements set forth
herein by the County, each of said improvements not
accepted as improved shall be under the sole
4.5 The County agrees to the approval of the final
plat of the Chambers Ranch Parcels II Subdivision,
subject to the terms and conditions of this Agreement.
4.6 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.
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4.7 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 Subdiv-
ider 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 obliga-
tions shall be effective unless the Board of County
Commissioners gives its prior approval to such
assumption following an investigation of the finan-
cial 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.
4.8 This Agreement shall inure to the benefit and
be binding upon the parties hereto, their respective
successors, and assigns.
4.9 It is further agreed and understood that at all
times prior to the completion and acceptance of the
subdivision and off-site 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. When
it is necessary to allow the general public to
utilize the roadways under construction by the
Subdivider, warning, traffic control and control or
warning devices shall be placed upon such roadways
by the Subdivider in accordance with the Manual on
Uniform Traffic Control Devices for Streets and
Highways as prepared by the U.S. Department of
Transportation, Federal Highway Administration.
IN WITNESS WHEREOF, the parties hereto have executed
this Agreement this ('moi day of June, 1987.
county uommissluiit::La
COUNTY OF EAGLE, STATE OF
COLORADO, By and Through Its
BOARD QF--GQUNTY COMMISSIONERS
By:
STATE OF COLORADO )
ss
County of Eagle )
rd L. QCUstAfson,
SUBDIVIDER:
Loren G. Chambers
The foregoing was acknowledged before me this
day of June, 1987, by Loren G. Chambers.
WITNESS MY HAND AND OFFICIAL SEAL.
My Commission Expires ` 0
Notary
r
■■
M. DARRELL WHITE
Registered Lend Surveyor
Box 115
LL303
_ + um Colorado B1E 37
_ +`
( )524 9623
June 2, 1987
F'
ROAD AND
WATER LINE COSTS
CHAMBERS
RANCH PARCELS
II
1260' of
3" water line
$
2,520.00
Placement
of 1260' of
3" line
5,040.00
6" gravel
-for 1415' of
road
3,,550.00
Haul and
place gravel
1,900.00
Dirt work
for 1415' of
road
2,100.00
TOTAL COSTS $
15,110.00
s,
,
..c
-
- r i yY
EXHTET`T.. A
Box 115
LL303
_ + um Colorado B1E 37
_ +`
( )524 9623
