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HomeMy WebLinkAboutC87-131 SIA for River Oaks on the Roaring Fork�.f C87 -131-2f SUBDIVISION AND OFF-SITE IMPROVEMENTS AGREEMENT RIVER OAKS ON THE ROARING FORK IS AGREEMENT, made and entered into this day of, 1987, by and between Basalt Trade Associates, hereina_ter 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 River Oaks on the Roaring Fork, hereinafter referred to as the "River Oaks," wishes to enter into a subdivision improvements agreement 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 development 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 charge a fee to upgrade said County road. WHEREAS, as a further condition of approval of the final plat of the River Oaks, 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 February 1, 1989, all public improvements as set forth in Exhibit A, in accordance with all final plat docu- ments, construction drawings, designs, maps, speci- fications, 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: 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 2. Water and Other Utilities - horizontal and vertical control every 100 feet; or every 50 feet in critical areas. -2- 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. 5. Hot Bituminous Pavement - 2 asphalt content, gradation and in-place density tests per day's production. 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 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. 1.3 The estimated cost of the Subdivider's subdivi- sion improvements identified in Exhibit A is the sum -3- of $122,747.00 to secure and guarantee performance of its obligations as set forth in this Section 1, including the completion of those certain subdivi- sion improvements set forth in Exhibit A, the Subdivider hereby agrees to provide security and collateral in the form of a letter of credit issued by Alpine Bank of Basalt. 2. Off -Site Road Improvements. 2.1 In conjunction with the final plat approval of the River Oaks, the Subdivider hereby agrees to pay to the Eagle County Road and Bridge Fund a sum of $18,000.00 calculated at eighteen lots at $1,000.00 per lot for the purpose of improving Willits Lane. Said sum shall be due upon the signing of the final plat by the Board of County Commissioners. 3. General Provisions. The following shall apply to both the subdivision and off-site improvements set forth in this Agree- ment, unless otherwise designated: 3.1. The parties hereto agree, pursuant to the 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. 3.2. The Subdivider may at any time substitute the collateral originally deposited with the Cc my -4- 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 con- struction 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. 3.3 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 persons or property injured or damaged by reason of 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. 3.4 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 -5- instructions, defective work or materials and consequences thereof. Repair or replacement made under the two-year correction period shall bear an additional one-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. 3.5 The County agrees to the approval of the final plat of the River Oaks, subject to the terms and conditions of this Agreement. 3.6 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. 3.7 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. 3.8 This Agreement shall inure to the benefit and be binding upon the parties hereto, their respective successors, and assigns. 3.9 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 WHEOF, the parties hereto have executed this Agreement this ---day of July, 1987. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF_COUNTY COMMISSIONERS e sM E-1-71 I � a SUBDIVIDER: BASALT TRADE ASSOCIATES By. Paul Adams, General Partner By: ay os and, Genera -4. Partder -7- STATE OF COLORADO SS County of The foregoing was acknowledged before me this ,2 $ day of_, 1987, by Paul Adams, as General Partner of Basalt Tr a Associates. WITNESS MY HAND AND OFFICIAL SEAL. My commission expires IC N tary Public STATE OF COLORADO ) SS County of ) The foregoing was acknowledged before me this day of 1987, by Clay Crossland, as General Partner of Basal T ade Associates. WITNESS MY HAND AND OFFICIAL SEAL. My commission expires 9;199D No ary Public am EXHIBIT A Eagle County Department of Community Development P. 0. Box 179 Eagle, Colorado 81631 Re: River Oaks on the Roaring Fork The following is an engineering estimate and bid for the cost of improvements for River Oaks on the Roaring Fork, a subdivision: SITE WORKS Grading 1260 ft. water 1220 ft. sewer 900 ft. road (base & subgrade) $ 91,400.00 ASPHALT PAVING 20,847.00 BANK STABILIZATION & RIP -RAP 71000.00 LANDSCAPING OF ROADWAY 3,50-0.00 TOTAL $122,747.00 All fees for telephone, electricity and gas are paid in advance to the respective utility companies. Stephen R. Isom Architect/Planner STEPHEN 1 SOM P.O. SOX 9 EAGLE, COLORADO 8-1631 (303) 32$•2388