HomeMy WebLinkAboutC88-023 SIA for Basalt Industrial Park Filing 2Cl C88 -23 -28
SUBDIVISION AND OFF -SITE IMPROVEMENTS AGREEMENT
BASALT INDUSTRIAL PARK, FILING NO. 2
THIS AGREEMENT, made and entered into this
day of March, 1988, by and between Basalt Trade Associates,
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 ".
WITNESSETH:
WHEREAS, the Subdivider, as a condition of approval
of the final plat of the Basalt Industrial Park, Filing No. 2,
hereinafter referred to as the "Park," 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, 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 Park, 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 Septem-
ber 1, 1989, the application of asphalt pavement to
Park Lane and Valley Circle, as set forth in Exhibit
A, in accordance with all final plat documents,
construction drawings, designs, maps, specifica-
tions, 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, 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
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2. Water, Sewer 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.
5. Hot Bituminous Pavement - 2 asphalt
content, gradation and in -place density tests
per day's production.
1.2.3 Witnessing of Water & Sewer Laterals - It is
essential that the ends of these laterals be wit-
nessed 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
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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
of $33,250.00. 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 Park, the Subdivider hereby agrees to pay to the
Eagle County Road and Bridge Fund a sum of
$20,000.00 calculated at twenty residential units in
Ridgewood Square at $1,000.00 per unit for the
purpose of improving Willits Lane. Said monies shall
be due at the time of building permit submittal for
the individual phases.
2.2 The Subdivider hereby further agrees, at its
sole cost and expense, to furnish all equipment and
material necessary to perform and complete, prior to
September 1, 1989, the construction of and applica-
tion of asphalt pavement to left and right turn
lanes on Willits lane at its intersection with Park
Lane as set forth in Exhibit A, 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, and shall not be deemed
complete until approved and accepted as completed by
the Board of County Commissioners.
2.2.1 For those off -site road improvements set
forth in Section 2.2 hereinabove, 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 the frequency of
sampling and testing.
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2.2.2 Where applicable and by example only, the
highlighting of construction staking and testing
outlined in §§ 1.2.1 and 1.2.2 hereinabove shall
also be applicable to off -site road improvements
required under this Section 2.
2.2.3 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.
2.3 The estimated cost of the Subdividers off -site
road improvements identified in § 2.2 hereinabove is
the sum of $1,330.00. To secure and guarantee
performance of its obligations as set forth in
§ 2.2, the Subdivider hereby agrees to provide
security and collateral in the form of a letter of
credit issued by Alpine Bank of Basalt.
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.
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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 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
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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 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 Park, 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 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
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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,
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 Jt2b day of M a r c h , 1988.
ATTEST:
County Commissioners
COUNTY OF EAGLE, STATE OF
COLORADO, By and Through Its
BOARD OF COUNTY COMMISSIONERS
SUBDIVIDER:
a BASALT TRADE ASSOCIATES
r
B
Paul Adams, General Partner
BY:
Clay stand, General
Partn r
STATE OF COLORADO
SS
County of
The foregoing was acknowledged before me this 7
day of March, 1988, by Paul Adams, as General Partner of
Basalt Trade Associates.
WITNESS MY HAND AND OFFICIAL SEAL.
My commission expires
STATE OF COLORADO
County of
SS
Notary Public
The foregoing was acknowledged before me this
day of March, 1988, by Clay Crossland, as General Partner of
Basalt Trade Associates.
WITNESS MY HAND AND OFFICIAL SEAL.
My commission expires
Notary Public
f
ka� r F E 4L }d i tl' j� a A
EXHIBIT A
Eagle County Department of Community Development
P.O. Box 179
Eagle, Colorado 81631
Re: Basalt Industrial Park - Filing No. 2
The following is an engineering estimate to complete the
asphalting of the Basalt Industrial Park, Filing No. 2:
Asphalt Paving
Park Lane 4000 sq.yds @ 360 lb /sq.yd. 2000 lb /Ton = 720 Tons
Valley Circle 1275 sq.yds @ 360 lb /sq.yd. 2000 lb /Ton = 230 Tons
SUBTOTAL = 950 Tons @ $35 /Ton = $33,250
Left and Right Turn Lanes:
212 sq.yds. x 360 lb /sq. yd. 2000 lb /Ton = 38 Tons
SUBTOTAL = 38 Tons @ $35 /Ton = $ 1,330
TOTAL = $34,580
1/15/88
STEPHEN ISCtd :" 0. ar;X 9 rAGL CG!_GRAZ 0 81631 :303) 328.2388
