HomeMy WebLinkAboutC87-205 SIA with Cordillera Subdivision, Filings 1 and 2Ji�'H1jgETTE iDHILL C87-205-28
7 E3 v g uLE 0TY. RECORDEF
SUBDIVISION AND OFF-SITE IMPROVEMENTS AGREEMENT
CORDILLERA SUBDIVISION, FILINGS 1 AND 2
THIS AGREEMENT, made and entered into this
day of September, 1987, by and between Kensington Land Invest-
ment Partners, hereinafter 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".
C� WITNESSETH:
WHEREAS, the Subdivider, as a condition of approval
of the final plat of Filings 1 and 2 of the Cordillera Subdi-
vision, hereinafter referred to as "the Subdivision," 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 suffi-
cient in the judgment of the Board of County Commissioners to
make reasonable provisions for completion of certain public
il- improvements set forth in the documents listed in Exhibit A
Cattached hereto and incorporated herein by this reference; and
WHEREAS, the Subdivision consists of Filing One (one
lot) and Filing 2 (53 lots) which will not be offered for sale
to the public until all water, sewer, electricity and access
necessary to service such lot has been completed in accordance
with engineering plans to be approved by the County.
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 Filings 1 and 2, Cordillera Subdivision, the
Subdivider is obligated to provide security and collateral
sufficient in the judgment of the Board of County commission-
ers 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.
1.2 For those subdivision improvements set forth in
the documents listed 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 specifica-
tions; and materials sampling, testing and inspec-
tion using the Colorado Department of Highways 1983
Materials Manual as a guide for frequency of sam-
pling 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 50 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
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 sale of
any portion of Filings 1 and 2 of the Subdivision to
any party, all public improvements as set forth in
the documents listed in Exhibit A, in accordance
with all final plat documents, construction draw-
ings, 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 agencies and affected
governmental entities. All said work shall be done
to the reasonable satisfaction of the County Engin-
eer 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
the documents listed 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 specifica-
tions; and materials sampling, testing and inspec-
tion using the Colorado Department of Highways 1983
Materials Manual as a guide for frequency of sam-
pling 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 50 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
-centerline for guidance of asphalt paver
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
C� per 2,000 C.Y. of embankment(s).
C
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 aggregate base course.
5. Hot Bituminous Pavement - 2 asphalt
content, gradation and in-place density tests
per day's production.
1.2.3 Witnessing of Water Laterals to Lot Lines. -
It is essential that the ends of these laterals be
witnessed by the Subdivider's engineer as a minimum
to three divergent substantially permanent points,
or by precision surveying methods, 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 witness-
ing of the horizontal location of these laterals, a
surveyed vertical witness shall be required.
Horizontal divergent witnessing shall be to property
corners, fire hydrants, manholes, and other "perma-
nent" features. Surveyed 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.
-3-
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 To secure and guarantee performance of its
obligations as set forth in this Agreement, includ-
ing the completion of those certain subdivision
improvements set forth in the documents listed in
Exhibit A and the off-site improvements provided for
in Section 3, the Subdivider hereby agrees to
include on its final subdivision plat for Filings 1
and 2, a statement prohibiting transfer of all or
any part of Filings 1 and 2 until the County has
confirmed in writing that such obligations have been
fulfilled, such approval not to be unreasonably
withheld. Such statement shall be in substantially
the form set forth in Exhibit B attached hereto.
3.1 The Subdivider hereby agrees, at its sole cost
and expense, to furnish all equipment and material
necessary to perform and complete all off-site
improvements as set forth in Exhibit C, in accor-
dance with all final plat documents, construction
drawings, designs, maps, specifications, sketches,
and other materials submitted by the Subdivider
prior to or at a 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 agencies and affected
governmental entities. Such performance shall
include acquisition of all necessary right-of-way,
either directly or as set forth in Section 3.6.5.
The exact location of the right-of-way for the
-4-
Should the Subdivider wish to remove this plat
restriction prior to completion of its obligations,
0
the County shall determine the appropriate amount of
O
collateral, and Subdivider shall substitute for the
plat restriction either cash security or a letter of
credit in a form acceptable to the County, and drawn
on a bank acceptable to the County.
2. School Land Dedication.
The Subdivider agrees to deliver to the County
at the time of the signing of this Agreement, cash
in lieu of a school land dedication in the amount of
Four Thousand Two Hundred Sixty -Five Dollars and
Ninety -Nine Cents ($4,265.99).
3. Off-site Road Improvements.
3.1 The Subdivider hereby agrees, at its sole cost
and expense, to furnish all equipment and material
necessary to perform and complete all off-site
improvements as set forth in Exhibit C, in accor-
dance with all final plat documents, construction
drawings, designs, maps, specifications, sketches,
and other materials submitted by the Subdivider
prior to or at a 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 agencies and affected
governmental entities. Such performance shall
include acquisition of all necessary right-of-way,
either directly or as set forth in Section 3.6.5.
The exact location of the right-of-way for the
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C� C
proposed off-site improvements shall be negotiated
between the developer and the Board of County
Commissioners; in case of the failure of the parties
to agree, the Board of County Commissioners shall
determine the location of the right-of-way. All
work, except paving, shall be completed prior to
October 1, 1992. Required paving shall be completed
prior to issuance of the 31st building permit in the
Subdivision, or within five years from the date of
this Agreement, whichever occurs first.
All said work shall be done to the reasonable
satisfaction of the County Engineer and/or the
County Department of Community Development, and
shall not be deemed complete until approved and
accepted as completed by the Board of County Commis-
sioners.
3.2 For those off-site road improvements set forth
in Exhibit C, the Subdivider shall retain an engin-
eer whose duties shall include construction staking,
observation of construction for conformance to the
'r4 approved plans and specifications; and materials
O sampling, testing and inspection using the Colorado
Department of Highways 1983 Materials Manual as a
C guide for frequency of sampling and testing.
Construction staking requirements established
in § 1.2.1 hereinabove and testing requirements
established in § 1.2.2 hereinabove shall be applied
to the off-site road improvements. Test results
shall be consecutively numbered with copies fur-
nished directly to the Eagle County Engineer from
the laboratory as they are reported to the Subdiv-
ider or its engineer.
3.3 Subdivider shall provide County Engineer with a
right-of-way map for Squaw Creek Road, suitable for
filing with the clerk and recorder, as soon as the
right-of-way is obtained.
3.4 Subdivider shall provide the County with design
for acceleration and deceleration lanes in compli-
ance with the Colorado Department of Highways Access
Code for the Intersection of highway 6 and Squaw
Creek Road. The design shall be provided to the
County at the same time as the right-of-way map is
provided.
3.5 To secure and guarantee performance of its
obligations as set forth in this Section 3, includ-
ing the completion of those certain off-site road
-5-
improvements set forth in Exhibit C, the Subdivider
hereby agrees to include on its final subdivision
plat for Filings 1 and 2, a statement prohibiting
transfer of all or any part of Filings 1 and 2 until
the County has confirmed in writing that such
obligations have been fulfilled, such approval not
to be unreasonably withheld. Such statement shall
be in substantially the form set forth in Exhibit B
attached hereto.
3.6 As each phase of the off-site improvements is
planned, the Subdivider shall furnish to the County
an engineer's estimate of the cost of completion and
the time frame for the work. Based upon said
estimates, the County shall determine:
3.6.1 The amount of collateral required. Said
collateral shall be for the sole purpose of complet-
ing any off-site improvements so that should the
Subdivider cease work the County has sufficient sums
to ensure that phase of the off-site improvements is
completed. Collateral is to be in cash or letter of
credit. Letters of credit shall be in a form
satisfactory to the County Attorney and drawn on a
Colorado Bank.
3.6.2 In addition to collateral for each phase of
the project, the Subdivider shall provide to the
County a Materials and Payment Bond to ensure that
all contractors, suppliers and materialsmen are
paid. Such bonds shall conform with the require-
ments of Title 38, Article 26, Colorado Revised
Statutes. Subdivider shall also retain funds from
all contractors employed for off-site improvements
as required by said Article, and further shall
coordinate with the County Attorney to ensure proper
Notice of Final Settlement and Retention of Funds as
required.
3.6.3 Subdivider shall indemnify and hold the
County harmless from any and all claims made against
the County by any contractor or subcontractor
employed in said off-site improvements, or on
account of any other claims against the County
because of the activities of said contractors or
subcontractors. The indemnification and hold
harmless provision shall include any legal expenses
or costs incurred by the County.
3.6.4 The Subdivider shall secure from any contrac-
tor employed in said off-site improvements a Certif-
icate of Insurance providing for liability
protection in the minimum amount of $150,000 per
individual and $500,000 per occurrence, naming the
Board of County Commissioners of Eagle County,
Colorado, as additionally named insured. The
Subdivider, if it serves as the Contractor for the
off-site improvements, shall provide insurance in
the same form and amounts as required of the general
contractor.
3.6.5 It shall be the responsibility of the Subdi-
vider to secure any and all necessary land rights-
of-way or easements for the construction of the
required off-site improvements, and to have them
deeded to the County. Should developer be unable to
secure the necessary lands, rights-of-way or ease-
ments for the off-site improvements required by this
agreement, the Subdivider:
1. Shall schedule a meeting with the
Board of County Commissioners to discuss
the Subdivider's inability to secure such
M property, and should the Board determine
that such property is required, it shall
assist the developer in fulfilling its
obligations under this contract, by using
its power of eminent domain.
2. The Subdivider shall secure after
consultation with the County Attorney, an
appropriate appraiser to conduct the
appraisal of the property.
3. After an appraisal, a good -faith offer
in conformance with the statute shall be
made to the owner of the property.
4. If the offer of the County is not
accepted, the County shall proceed to
condemn the property.
S. All expenses of said condemnation,
including all legal and attorneys' fees,
costs, appraisal fees, and incidental
expenses, shall be paid as they are due by
the Subdivider, it being understood that
the condemnation proceeding may be prose-
cuted by the County Attorney or Special
Counsel retained by the Board of County
Commissioners. The Subdivider shall
further pay any deposit necessary for the
County to secure immediate possession as
well as the final award to the owner.
-7-
C;
6. The County agrees to diligently and
timely pursue said condemnation in accord
with the requirements of this Agreement.
4. General Provisions.
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 construction 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.
4.3 There shall be a two-year correction period, or
such longer period as may be prescribed by law, from
4.1. 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 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 improvements, but
all of said liabilities shall be 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
C
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 provision shall be in addition to any
other liability which the Subdivider may have.
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 construction 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.
4.3 There shall be a two-year correction period, or
such longer period as may be prescribed by law, from
4.5 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.
4.6 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.
4.7 This Agreement shall inure to the benefit of
and be binding upon the parties hereto, their
respective successors and assigns.
IM
the time of completion of the Subdivision improve-
ments and off-site improvements (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
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 replacement by the Eagle
County Engineer. The work shall be collateralized
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
M
4.4 The County agrees to the approval of the final
plat of the Subdivision, subject to the terms and
`"'
conditions of this Agreement.
4.5 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.
4.6 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.
4.7 This Agreement shall inure to the benefit of
and be binding upon the parties hereto, their
respective successors and assigns.
IM
4.8 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 respon-
sibility and charge of the Subdivider. When it is
necessary to allow the general public to utilize the
roadways under construction by the Subdivider,
traffic control and 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 p rties hereto have executed
this Agreement this day of 1987•
COUNTY OF EAGLE, STATE OF
COLORADO, By and Through Its
ISI
T• BOARD OF COUNTY COMMISSIONERS
Xerk of the Board o
ounty Commissioners
(Notary on following page.)
IP V
SUBDIVIDER:
KENSINGTON LAND INVESTMENT
COMPANY
A
By. 'irrt t P, �Ltf
William L. Clinkenbeard, '
General Partner
Address: P.O. Box 986
Edwards, CO 81632
-10-
STATE OF COLORADO
j SS
County of
The foXeg ing was acknowledged before me this g
day of 1987, by William L. Clinkenbeard, as
General Part er of Kensington Land Investment Partners.
WITNESS MY HAND AND OFFICIAL SEAL. rip/
My commission expires % 2Lx�
Notary Public
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EXHIBIT A
0
CORDILLERA SUBDIVISION IMPROVEMENT AGREEMENT
Number of
Sheets
-Cordillera Blvd. - Plan/Profile 1-6 & 12 of 12
-Utility Schematics 1-5 of 5
-Water Line Detail Sheet 1
C
-Water Line Sheets (Wells to
C Cordillera Blvd.) 4 of 4
9
. ^ ` ��
�v
^
Exhibit B
OW
No lot in this filing may be conveyed until the Developer
has either
a) performed all of its obligations under a Subdivison.
Improvement Agreements dated September10
1987, between the Developer
and the Board of County Commissioners of Eagle County, or
b) provided collateral to secure the performance of such
obligations.
The recording of an instrument signed by a representative of
the Eagle County Department of Community Development or County
Engineering stating that such obligations have been completed
or such collateral has been provided shall be conclusive
evidence that the facts stated therein are correct and that
lots in this filing may be legally conveyed to any party.
EXHIBIT 8
AdMglMk
Johnson, Kunkel & Associates, Inc.
LAND SURVEYING • CIVIL ENGINEERING • MAPPING
P.O. Box 409.113 East 4th Street- Eagle, Colorado 81631
4915 East 52nd Avenue -Commerce City, Colorado 80022
--SQUAW CREEK ROAD ESTIMATE
STATION 0+00 to 106-+00
August 18, 1987/Rev. 9/28/87
By. TT, JSK
Description
i. Earthwork:
2. Blasting
3. Fine Grade
4. Aggregate Rase
5. Asphalt
6. Fence
7. Signs
8. Culvert
18"
2411
'0 it
4.8 11
54"
60"
9. Testing, staking, Insp.
10. Revegetation
Grand Total
Eagle: (303) 328-6368
Metro: (303) 287-0835
Oty
Unit
Unit Cost
Total
135, 900
cu yds
1.00
135,900
L.S.
30,0011
.7,100
sq yds
.50
18,550
19,199
tons
6.00
115,194
A.,438.
tons
55.00
155,330
10,600
+t
1.25
13,250
11
each
80.00
880
160
ft
9.60
1,536
120
ft
10.92
1,310
220
ft
15.00
3,300
80
ft
28.70
27296
80
ft
36.00
2,880
160
ft
43.00
61880
L.S.
50,000
7.8
acre
2000
15,574
552,880
EXHIBIT C - Page 1
g
PHASING PLAN
SQUAW CREEK ROAD
Year No. 1 - Acquire right-of-way from adjoining owners.
Year No. 2 - Rough grading and realignment of curve at Shepard's
(Station 60+00 to Station 65+00) and widening from
Cordillera entrance to Melohn property (Station 88+00 to
Station 107+00).
Complete engineering for acceleration, deceleration lanes
at the intersection of U.S. Highway 6 and 24 and Squaw
Creek Road.
Year No. 3 - Complete realignment and regrading to final design for
entire road from U.S. Highway No. 6 to Cordillera
entrance. Provide gravel as needed.
G
Year No. 5 - or after building permits have been issued - plaee
as pavement as required by CBR test to be completed
after rough cut of the road. n
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--P OLMm�r4 �1
t rQ'aL ('L. ' ! �Mci �
"pha.I� p a v -V 4
EXHIBIT C - Page 2
