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HomeMy WebLinkAboutC87-206 SIA for Creamery Gulch Ranchy C87-206-28 BOOK ..........1..L..r.. i PAGE...... SUBDIVISION IMPROVEMENTS AGREEMENT ,,1C I T Y. iiE00RCi i CREAMERY GULCH RANCH -3 51 '87 DecemLer THIS AGREEMENT, made and entered into this day of _fir, 1987, by and between H. H. & S. Partnership, hereinafter referred to as the "Subdivider", and the Board of C761; County Commissioners of the County of Eagle, State of Colorado, ,1- hereinafter referred to as the "County". WITNESSETH: WHEREAS, the Subdivider, as a condition of approval of the final plat of the Creamery Gulch Ranch, hereinafter referred to as the "Ranch," 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 improvements set forth in Exhibit A attached hereto and incorporated herein by this reference; and WHEREAS, as a further condition of approval of the final plat of the Ranch, 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 water mains 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. 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: 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 sof the testing that will be required of the Subdivider: 1. Utilitv 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 -2- 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 2. Off -Site Road Improvements. 2.1. In conjunction with the final plat approval of the Creamery Gulch Subdivision, the Subdivider hereby agrees to pay to the Eagle County Off -Site Improvements Fund, Lake Creek Road Account, a sum of $3,000 calculated at three lots at $1,000 per lot for the purpose of funding improvements at the intersection of Lake Creek Road and Highway 6 (hereafter "the intersection"). Said sum shall be due as a condition of the signing of the final plat by the Board of County Commissioners. -3- of $37.,500�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 First Federal Savings Bank of Proviso Township, State of Illinois. Subdivider agrees to pay any costs which the County may incur in drawing upon such letter of credit, or in accomplishing an extension of its expiration. The County may draw upon such letter of credit up to five days before its expiration, in an amount sufficient to collater- alize all improvements not approved, if the letter of credit has not been extended or substituted and improvements are not complete. 2. Off -Site Road Improvements. 2.1. In conjunction with the final plat approval of the Creamery Gulch Subdivision, the Subdivider hereby agrees to pay to the Eagle County Off -Site Improvements Fund, Lake Creek Road Account, a sum of $3,000 calculated at three lots at $1,000 per lot for the purpose of funding improvements at the intersection of Lake Creek Road and Highway 6 (hereafter "the intersection"). Said sum shall be due as a condition of the signing of the final plat by the Board of County Commissioners. -3- 2.2. Said sum shall be held by the County until it is used specifically for the purpose described hereinabove. In the event property owners of the Creamery Gulch Subdivision are required to contri- bute to improvements of the intersection under some other authority, the County agrees to pay the contribution required, up to the sum of $3,000, on behalf of the property owners. In the event no improvement of the intersection is accomplished within five years, the County agrees to return the funds to the Subdivider. The County has the right to allocate the funds to another entity upon agree- ment that the entity will make improvements to the intersection. 2.3. The County specifically reserves the right to collect additional sums for off-site road improve- ments in the event the PUD is further amended to include additional subdivided lots. 3. General Provisions. The following shall apply to the subdivision improvements set forth in this „Agreement, 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. -4- 3.2. 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 improvements referred to herein and the performance of the terms of this Agreement. At the time of substitution of collateral an infla- tionary 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 esti- mated cost for both subdivision 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 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 foK any persons or property injured or damaged by reason of the nature of said work on the subdivision improvements, but �y 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 provision 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- 0 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 Ranch, subject to the terms and condi- tions 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 of 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 improvements set forth herein by the County, each of said improvements not accepted, as improved shall be under the sole responsibility and 0 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 -%.--.J day of sir, 1987. Dece#,,beK COUNTY OF EAGLE, STATE OF LEST: COLORADO, By and Through Its BOARD O.F--GQUNTY COMMISSIONERS K :Q�(;V By (Pqerk of the Board of County Commissioners STATE OFd County of SS SUBDIVIDER: BY: `T A4_,V1k./ Edward F. Havli General Partner The foregoing was acknowledged before me this day of C`t, 1987, by Edward F. Havlik, '?irtner of H. H. & S. Partnership. ,.°At °A97TNESS MY HAND AND OFFICIAL SEAL. rim ,,a ®,,., bs �. Mji,commission expires N i 'dry 1,, iblic I as General 1 -7- J08OWNE L HOUNM NONY PAk Rutz Michigan MY CBaaWAMbn Eq m Dw 7,1987 r KAY i' �' � •t EXHIBIT A Eagle County Department of Community Development P.O. Box 179 Eagle, Colorado 81631 Re: Creamery Gulch Ranch The following is an engineering estimate for the cost of improvements for Creamery Gulch Ranch, a subdivision: Water Line 1500 ft. @ $20/lineal ft. Street Crossing & Tap Fire Hydrant & Valve Install two 1" taps Miscellaneous costs C� TOTAL Stephen R. Isom Architect/Planner I� { d - ii . � r`�,• v ir�v.f^v� 'sib � i�'� * . 1� a. �� r•}i: }�y.t =�t'��y ��CC Y'r� �—••. itis � . BiEPHEN ISOM P.O. BOX 9 EAGLE, COLORADO 81631 (303) 328.2388 $30,000 2,500 2,000 1,000 2,000 $37,500 s 3 "TY. 7C,- 3 5 Lt, ` BOOK..... + 58 P'81 AMENDMENT TO SUBDIVISION IMPROVEMR?NTS AGREE CREAMERY GULCH RANCH BETWEEN H. H.& S. PARTNERSHIP AND THE EAGLE COUNTY BOARD OF COUNTY COMMISSIONERS Section 2.1 is hereby amended to allow contributions made to the Off -Site Improvements by the Subdivider to be used for the purpose of improving Lake Creek Road in addition to the cpm purpose allowed in the original agreement. Subdivider shall vacate the access and utility easement through Lots 1 and 2, as described on the Plat, upon obtaining legal access at the historic access point to the property. IN WITNESS WHEREOF, the parties hereto have executed this Agreement this day of ,e► , 19 _Lz- T: ♦ 4'_ � f // i L l .) I i 'h - clerk of the Board r'of County Commissioners STATE OF SS County of fr ) COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS By: By General Par The foregoing, was acknowledged before me this day of 19d'' , by Edward F. Havlik, as General Partner of H. H. & S. Partnership. � ,WITNESS MY HAND AND OFFICIAL SEAL. k� °ly ;commission expires 3 Notary Public C87-206-28