HomeMy WebLinkAboutC01-213 SIA for Red Sky Ranch - reception No. 763572ms.µ...
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SUBDIVISION AND OFF -SITE IMPROVEMENTS
AGREEMENT
File No. PDF -00068
THIS SUBDIVISION AND OFF -SMITE IMPROVEMENTS AGREEMENT ("Agree -
f' day of =� t- , 2001, by and between The
("Agree-
ment") made and entered into this , _�� - y
Vail Corporation a Colorado Corporation (hereinafter "Subdivi er "} and the Board of County
Commissioners of the County of Eagle, State of Colorado (hereinafter "County").
WITNESSETH
WHEREAS, the Subdivider, as a condition of approval of the Final Plat of Red S
Ranch (hereinafter referred to as "Subdivision "), desires an Agreement as provided for by the
a Land Use Regulations of Eagle County, Colorado, 1999, as amended ( "hereinafter referred to as
"Land Use Regulations ") Chapter II, Section 5- 280.B.5.e. and C.R.S. §30 -28 -137; and
WHEREAS, pursuant to the same authority, the Subdivider is obligated to provide
security or collateral sufficient in the judgment of the County to make reasonable provisions for
completion of certain public improvements hereinafter described ( "Subdivision Improvements ");
and
WHEREAS, pursuant to Chapter H, Section 4 -620 of the Land Use Regulations, 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 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 its equitable portion of such road to an acceptably safe condition; and
WHEREAS, the County has determined that the traffic which will be generated by the
Subdivision, along with other potential subdivisions in the area, will result in safety hazards and
substantially increased maintenance costs relative to the off -site roads; and
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SUBDIVISION AND OFF -SITE IMPROVEMENTS
AGREEMENT
File No. PDF -00068
THIS SUBDIVISION AND OFF -SITE IMPROVEMENTS AGREEMENT ( "Agree-
ment") made and entered into this 7 J` day of 7 , 2001, by and between The
Vail Corporation, a Colorado Corporation (hereinafter "Subdivider ") and the Board of County
Commissioners of the County of Eagle, State of Colorado (hereinafter "County ").
WITNESSETH
WHEREAS, the Subdivider, as a condition of approval of the Final Plat of Red S
Ranch (hereinafter referred to as "Subdivision "), desires an Agreement as provided for by the
Land Use Regulations of Eagle County, Colorado, 1999, as amended ( "hereinafter referred to as
"Land Use Regulations ") Chapter II, Section 5- 280.B.5.e. and C.R.S. §30 -28 -137; and
WHEREAS, pursuant to the same authority, the Subdivider is obligated to provide
security or collateral sufficient in the judgment of the County to make reasonable provisions for
completion of certain public improvements hereinafter described ( "Subdivision Improvements ");
and
. WHEREAS, pursuant to Chapter II, Section 4 -620 of the Land Use Regulations, 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 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 its equitable portion of such road to an acceptably safe condition; and
WHEREAS, the County has determined that the traffic which will be generated by the
Subdivision, along with other potential subdivisions in the area, will result in safety hazards and
substantially increased maintenance costs relative to the off -site roads; and
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WHEREAS, the Subdivider has agreed to improve the roads to an acceptably safe
condition and to accommodate the incremental increase in traffic burden to the said roads result-
ing from the development of this Subdivision, by the engineering, construction and 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 this Subdivision, the
Subdivider is obligated to provide security and collateral sufficient in the judgment of the County
to make reasonable provision for completion of the Subdivision Improvements, including but not
limited to off -site road improvements, referred to herein; and
WHEREAS, pursuant to Chapter II, Section 4 -620.9 of the Land Use Regulations and
C.R.S. 43 -2 -147, the Subdivider shall provide access for all lots and parcels it creates to the state
highway system in conformance with the State Highway Access Code.
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 Subdivision Improvements. Subdivision Improvements are deemed to include all
public improvements, including but not limited to off -site improvements - including roads,
utilities and other similar public improvements.
1.2 Scope of Work. The Subdivider hereby agrees, at its sole cost and expense, to
furnish all necessary equipment and material, and to complete all Subdivision Improvements as
referenced in the attached Exhibit "A ", and as set forth in all documents, construction 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 their respective agencies and
affected governmental entities. Such performance shall include acquisition of all necessary
rights -of -way.
1.3 Duties of Subdivider. For those Subdivision Improvements required herein,
including but not limited to the reconstruction and physical improvement of that portion of any
road subject to this Agreement, 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 2001 Field Materials Manual as a guide for frequency of sampling and testing.
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1.3.1 Construction Staking. Where applicable and by way of example only, the
following is a highlighting of the construction staking that will be required of the Subdivider:
a. 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
b. Water Sewer, and Other Utilities - horizontal and vertical control every
100 feet, or every 50 feet in critical areas.
1.3.2 Testing. Where applicable and by way of example only, the following is a
highlighting of the acceptance testing that will be required of the Subdivider:
a. Utility and drainage culvert trench backfill under roadway nn 'sms - one
density test per 200 C.Y. of backfill or a minimum of one test per roadway
crossing. This will require daily visits to the site by a testing laboratory
when utilities or drainage culverts are being backfilled within the roadway
prism.
b. Embankments for roadways - one density test per 2,000 C.Y. of any
additional embankment(s); and one density test per 500 C.Y. when within
100 feet of bridge approaches."
c. Finished sub - rgrade - one density test per 250 lineal feet of roadway.
d. Aggregate base course - one in -place density per 250 lineal feet of
roadway, and gradation and Atterberg Limits test per 2000 tons of aggre-
gate base course.
e. Hot Bituminous Pavement - two asphalt content, gradation and in -place
density tests per day's production.
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f. Concrete - Curb and Gutter, Sidewalks and Bikepaths - tests for air
content, slump and compressive strength per 50 C.Y. of concrete placed or
minimum of one set of tests per day.
1.3.3 Notification/Road Construction. Subdivider or his Engineer shall notify the
Eagle County Engineer for the purpose of arranging an on -site inspection no less than forty-eight
(48) hours in advance of the following, stages of road construction:
1) Finished subgrade
2) Finished Aggregate Base Course
3) Asphalt Placement.
4) Concrete - Curb and Gutter, Sidewalks and Bikepaths
The County Engineer shall make an on -site visit within the forty-eight (48) hours notification
period for the purpose of observing proof rolls on items 1) and 2) above and for general
observation of construction methods being employed at these stages. Said on -site inspection by
the Eagle County Engineer shall in no way abrogate the duties of the Subdivider outlined
elsewhere in this Agreement. The Subdivider shall provide the proof rolling by arranging for a
loaded single unit truck carrying 18,000 pounds per rear axle.
1.3.4 Witnessing of Water and Sewer Laterals. It is essential 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.
1.3.5 Test Reports. 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.
1.3.6 Record Drawings of Subdivision Improvements. Record drawings, sealed,
signed and dated by a Registered Professional Engineer showing the as- constructed horizontal
and vertical locations of Subdivision Improvements shall be submitted to the Eagle County
Engineer prior to commencement of the two year warranty period and the reduction of Collateral
to the minimum 10% by the County.
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1.3.7 Affidavit of Monumentation. An Affidavit of Monumentation sealed,
signed and dated by a Registered Professional Land Surveyor stating that the subdivision has
been monumented in accordance with §38 -51 -105, C.R.S., and Chapter II, Section 5- 280.5.a
(1)(a) of the Eagle County Land Use Regulations shall be provided to the Eagle County Engineer
prior to the acceptance of the Subdivision Improvements by the County.
1.4 Compliance with Colorado Department of Highways Access Code. Subdivider shall
provide the County with designs in compliance with the Colorado Department of Highways
Access Code for all road improvements.
1.5 Date of Completion. All Subdivision Improvements shall be completed prior to
October 31, 2003.
1.6 Approval and Acceptance of Work.
1.6.1 Copies of all test results corresponding to work which is being inspected
and any other information which may be necessary to establish the satisfactory completion of the
work for which inspection is requested must be submitted prior to said inspection. All such
information shall be accompanied by a letter from the Subdivider's engineer verifying the
satisfactory completion of the work performed to date.
1.6.2 Notwithstanding Section 1.3.3 above, promptly after receiving a request
for inspection and the required documentation, the County Engineer shall review the information
presented and, if necessary, make an on -site inspection of the work completed.
1.6.3 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 complete by the County.
1.7 Estimated Costs of Subdivision Improvements. The estimated cost of the Subdivi-
sion Improvements is the sum of $15,446,778.65 as summarized in Exhibit "A ". To secure and
guarantee performance of its obligations as set forth in this Section 1, including the completion
of the required Subdivision Improvements, the Subdivider hereby agrees to provide security and
collateral in the form and as set forth in Section 2, below.
1.8 Common Park and Recreation Areas. Subdivider agrees to submit a Common Open
Space, park and Recreation Area Plan to be approved by the County Department of Community
Development prior to approval of final plat.
G:\Pamlegal \SIA\Form Sia plat note.wpd File No.
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1.9 Landscape Guarantee. Subdivider agrees to submit a landscaping plan, prior to
approval of final plat, for the subdivision which will comply with Section 4 -240, Installation and
Maintenance Requirements. The Subdivider agrees to abide by the Landscape Plan approved by
the County Department of Community Development.
2. SECURITY and COLLATERAL.
2.1 Collateral. Security and Collateral required in Section 1.7 herein, as security for the
performance by Subdivider of its obligations under this Agreement, shall be in the form of Letter
of Credit No. 6 jq;, issued by Bank of America in the amount of $4,535,259.29 and
a plat note in substantially the following form:
Plat Note:
Lots 1 through 23 inclusive, 51 through 60 inclusive, and 68 through 87
inclusive and Tract AA within Red Sky Ranch shall not be sold, transferred or
otherwise conveyed - nor shall any building permit be issued by Eagle County for
these lots - until all of the improvements required under the Subdivision Improve-
ments Agreement recorded at Reception No. , are either (a) in
place and approved by Eagle County, or (b) collateralized in the form as described
in the Subdivision Improvements Agreement and Land Use Regulations and
acceptable to Eagle County to secure the performance of the obligations as
described in the Agreement. This Plat Note shall only be released in accordance
with the procedures set forth in Eagle County Resolution No. 95 -35. Any docu-
mentation denoting the release of the Plat Note shall be recorded in the Eagle
County Clerk and Recorder's Office.
2.2 Partial Release of Collateral. Subdivider may apply to the County for the release of
portions of the Collateral based upon work completed in accordance with this Agreement. To
make such releases, Subdivider shall request the County Engineer to inspect the work in order to
verify satisfactory completion in accordance with plans and specifications in accordance with
Section 1.6.
2.3 Final Release of Collateral/Warranty. Within thirty (30) days after Subdivider has
completed all of the.work required by this Agreement and the work has been approved and
accepted by the County, the entire remaining amount of the Collateral, less an amount equal to
ten percent (10 %) of the original Collateral, shall be released. Subdivider shall be responsible for
the condition of the Subdivision Improvements for a period of two years after completion; this
shall be guaranteed either through the retention of Collateral, as set forth above, or Subdivider
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may provide a guarantee bond in an amount and in a form acceptable to the County - which
would be substituted for the release of the entire amount of the Collateral..
2.4 Substitution of Collateral. 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 the Subdivision 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 all Subdivision Improvements as described herein, and
collateral shall be submitted by the Subdivider in accordance therewith.
2.5 Draws. Draws against the Collateral shall only be made as directed by written
Resolution of the County, stating that there has been an event of default under this Agreement
and that a sum certain is required to remedy the default. Any amount drawn on the Collateral
must be applied for the purpose of completing the work required by this Agreement and related
expenses and costs.
2.6 Events of Default. The following events shall be deemed "Events of Default,"
entitling the County to draw on the Collateral:
2.6.1 If Subdivider has not completed the work required by this Agreement
within thirty (30) days prior to the Date of Completion set forth herein, the County may, after ten
(10) working days written Notice to Subdivider, draw upon the Collateral an amount sufficient to
complete said work and compensate the County for its reasonable costs and expenses related to
said draw.
2.6.2 If the original collateral presented to the County (or any extension thereof)
is due to expire and the work is not yet completed, and Subdivider has not provided substitute
collateral or the bank's written extension to the original collateral (as it may have been previously
extended), the County shall draw on the Collateral according to the provisions set forth in this
Section 2. It is Subdivider's responsibility, with or without notice, to ensure that the
Collateral is extended, or that substitute collateral is provided in a form acceptable to the
County, at least ten days prior to its expiration. If Collateral is neither extended nor
substitute collateral provided, in a form acceptable to the County, at least ten days prior to
its expiration, the developer shall pay the County an additional $500 (Five hundred dollars)
for the additional administrative work required because of the failure to extend or
substitute collateral in a timely manner as required by this agreement.
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2.6.3 If the Collateral is substituted, as otherwise provided herein, this Agreement
may be amended or modified in order to set forth specific Events of Default deemed necessary, in
the County's sole discretion, commensurate with the type of collateral substituted.
2.7 Costs and Expenses. Subdivider agrees to pay any costs and expenses, including but
not limited to legal fees, which the County may incur in determining to accept collateral, in
drawing upon the Collateral, or in accomplishing an extension of its expiration.
2.8 Materials and Payment Bond. In addition to the Collateral described herein, the
Subdivider shall provide to the County a Materials and Payment Bond to ensure that all contrac-
tors, suppliers and materialmen are paid. Such bonds shall conform with the requirements of
Title 38, Article 26, Colorado Revised Statutes. Subdivider shall also retain funds from all
contractors employed for Subdivision 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.
2.9 Landscape Plan Collateral.
2.9.1 Subdivider agrees to provide collateral in a form acceptable to the County
Attorney to ensure landscaping will be installed. Subdivider agrees to provide collateral for no
less than one hundred and twenty -five (125) percent of the estimated cost of the landscaping
improvements listed in the Landscape Plan.
2.9.2 As portions of the landscape improvements are completed, the Community
Development Director shall inspect them, and upon approval and acceptance, shall authorize the
release of the agreed estimated cost for that portion of the improvements, except that the (10)
percent shall be withheld until all proposed improvements are completed and approved, and an
additional twenty -five (25) percent shall be retained until the improvements have been main-
tained in a satisfactory condition for two (2) years.
3. INSURANCE and INDEMNIFICATION.
3.1 Indemnification. Subdivider shall indemnify and hold the County harmless from any
and all claims made against the County by any contractor, subcontractor, materialmen, employee,
independent contractor, agent or representative involved in the work necessary to comply with
this Agreement, or on account of any other claims against the County because of the activities
conducted in furtherance of the terms of this Agreement. This indemnification and hold
harmless provision shall include any legal expenses or costs incurred by the County.
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3.2 Certificates of Insurance. The Subdivider shall secure from any contractor or
subcontractor engaged in the work necessary to comply with this Agreement a Certificate of
Insurance providing for liability protection in the minimum amount of $150,000 per individual
and $600,000 per occurrence, naming the County as an additionally named insured. The
Subdivider, if it serves as the contractor for the Subdivision Improvements, shall provide
insurance in the same form and amounts as required of the general contractor. Said limits shall
be adjusted to comply with any changed limits in the Colorado Governmental Immunity Act,
Title 24, Article 10, Colorado Revised Statutes.
3.3 Count Incurs No Liability. 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/or Subdivision Improvements specified in this Agreement prior to the comple-
tion 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 reasons 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 for 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). 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. GENERAL PROVISIONS.
The following shall apply to all Subdivision Improvements, including off -site improvements, set
forth in this Agreement:
4.1 Compliance with Land Use Regulations. The Subdivider shall be required to obtain
all necessary permits and comply with the provisions of the Land Use Regulations, including but
not limited to the Regulations for Construction within the Public Ways of Eagle County (Chapter
V), as the same are in effect at the time of commencement of construction of the Subdivision
Improvements referred to herein.
4.2 Subdivision Improvement Agreement Controls. In the event of any inconsistency or
incongruity between the provisions of this Agreement and the Land Use Regulations, the
provisions of this Agreement shall in all respects govern and control.
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4.3 Warranties and Guarantees. 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
Improvements 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 the 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, no less than sixty (60) days prior to expiration of
the one -year additional correction period, and any deficiencies shall be noted to the Subdivider.
4.4 Approval of Final Plat. The County agrees to the approval of the final plat of this
Subdivision, subject to the terms and conditions of this Agreement.
4.4.1 Final Plat Amendments. Where field changes or other circumstances have
caused the road, utilities, or other subdivision improvements to be constructed in locations
different from those shown on the approved plans, the locations of rights -of -way, easements, lot
lines, building envelopes, setback lines, or other attributes shown on the Final Plat shall be
amended as necessary to comply with Final Plat requirements of the Eagle County Land Use
Regulations
4.5 Amendment and Modification. The parties hereto mutually agree that this Agree-
ment may be amended or modified from time to time, provided that such amendment or
modification be in writing and signed by all parties hereto.
4.6 Assignability. This Agreement shall be enforceable against the Subdivider, provided,
however, that in the event the Subdivider sells, transfers or assigns all or part of the subject Sub -
division, the obligations of the Subdivider under this Agreement as to that portion of the subject
Subdivision may be assumed in writing 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
obligations shall be effective unless the County gives its prior written approval to such assump-
tion following an investigation of the financial 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 Binding upon Successors. This Agreement shall inure to the benefit of and be
binding upon the parties hereto, their respective successors, and assigns.
4.8 Sole Responsibility of Subdivider Prior to County Acceptance. It is further agreed
and understood that at all times prior to the completion and acceptance of the off -site Subdivision
Improvements set forth herein by the County, each of said improvements not accepted as
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complete shall be under the sole responsibility and charge of the Subdivider. When it is neces-
sary 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.
4.9 No Rights to Third Parties. This Agreement does not and shall not be deemed to
confer upon or grant to any third party any right to claim damages or to bring any lawsuit, action
or other proceedings against either the County or its officers, employees or agents because of any
breach hereof or because of any terms, covenants, agreements or conditions contained herein.
4.10 Notice. Notice required pursuant to the terms of this Agreement shall be deemed
given on the day that the same is placed in the United States Mails, postage prepaid, certified or
registered mail, return receipt requested.
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IN W SS WHEREOF, the parties hereto have executed this Agreement this
day of ,� , 200�1-
COUNTY OF EAGLE, STATE OF COLORADO,
ATTEST:
{
Clerk to the BoardVbf
County Commissioners
By and Through Its
BOARD OF COUNTY COMMISSIONERS
Tom C. Stone, Chairm
Address for giving notice:
P.O. Box 850
Eagle, CO 81631
(970) 328 -8685
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GAParalegaRSlATorm Sia plat note.wpd File No.
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SUBDIVIDER:
OWNER: THE VAIL CORPORATION,
a Colorado Corporation
STATE OF COLORADO
Address for givi notice:
0,0 • 60� 7
Ua' I Co
SS
County of E a t )
aad �
The fore oing was acknowled ed before me this day of J-tt �I �
by i�(� r�ti� D. hn, , as r. (� tc e e :dt %f The Vail Corporation, a Coloradd corporation.
WITNESS my hand and official seal.
My commission expires I a a 00
A"'�
Notary Public
:�ND•l.Apy•.,c
11B L VC
9rFO�C��o�
13
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RED SKY RANCH
OPINION OF PROBABLE COSTS FOR
SUBDIVISION IMPROVEMENT AGREEMENT
JULY 31, 2001
Tan
14 J A
C,
ALPINE
AL
ENGINEERING INC
em TD.e.
is H`lti
nu
Gantit
,
Price ",
1
7'sc
Mobilization
LS
1
$238,400.00
0
$238,400.00
2
M3
Clearing
Traffic Control
1
LS
LS
1
$70,000.00
$7,000.00
$70,000.00
$7,000.00
4
Rock Excavation
LS
$450,000.00
$450,000.00
SUBTOTAL
0
1
2
3
Remove 1 12" D % epth) & Stockpile Topsoil
Replace Topsoil (4" Depth)
Excavation
Cy
Cy
Cy
70,304
15,167 67
162,887
$3.00
$6.00
$3.70
$210,912.00
$91,002.00
$602,681.90
4
Embankment
Cy
164,436
$1.00
$164,436.00
5
6
7
Export
MSE Retaining Walls
2.5' Concrete Curb and Gutter
Cy
SF
LF
1,549
13,365
6,311
$4.43
$41.50
$21.00
$6,862.07
$554,647.50
$132,531.00
8
2.5 Concrete Drain Pan
LF
160
$18.00
$2,880.00
9
2.5' Mountable Curb and Gutter
LF
3,544
$24.00
$85,056.00
10
5' Concrete Sidewalk
LF
460
$25.00
$11,500.00
11
12
Guard Rail (Timber)
Core 10 Guard Rail
LF
LF
290
7,577
$54.00
$14.00
$15,660.00
$106,078.00
1
13
Guardrail Anchors
EA
42
$500.00
$21,000.00
14
15
16
17
18
19
Asphalt
Class 6 ABC (8" depth)
Class 2 ABC (8" depth)
Line Striping
Signs
Demolition of Existing Bellyache Rd.
SUBTOTAL
TN
TN
TN
LF
EA
LF
15,327
39,569
3,939
16,000
72
2,300
$38.00
$14.00
$10.00
$0.25
$1,000.00
$5.00
$582,426.00
$553,966.00
$39,390.00
$4,000.00
$72,000.00
1,500.00
$11,500.00
W
1
2
3
2" Type K Copper
3" PVC Ring -rite (Backwash)
4" DIP
LF
LF
LF
2,366
2,554
144
$26.23
$8.76
1 $27.69
$62,060.18
$22,373.04
$3,987.36
4
6" DIP
LF
15
$28.12
$421.80
5
8" DIP
LF
25,235
$27.27
$688,158.45
6
8" DIP - Restrained Joint
LF
1,969
$32.77
$64,524.13
7
10", DIP
LF
1,678
$31.11
$52,202.58
8
12" DIP
LF
3313
$32.65
$108,169.45
9
12" DIP - Restrained Joint
LF
80
$42.00
$24,360.00
10
11
2" Copper Service Connection
4" DIP Service Connection
EA
EA
67
2
$475.00
$829.50
$31,825.00
$1,659.00
12
6" DIP Service Connection
EA
1
$849.50
$84 ' 9.50
13
8" DIP Service Connection
EA
1
$870.00
$870.00
14
4" Gate Valve
EA
2
$519.26
$1,038.52
15
6" Gate Valve
EA
1
$525.25
$525.25
16
8" Gate Valve
EA
50
$573.08
$28,654.00
17
10" Gate Valve
EA
8
$823.88
$6,591.04
18
112" Gate Valve
EA
6
$1,019.24
$6,115.44
119
20
Fire Hydrant Assembly
Air Release Valve Assembly
EA
EA
39
12
$2,838.32
$2,806.67
$110,694.48
$33,680.04
21
Pressure Reducing Valve wl Vault
EA
1
$28,383.00
$28,383.00
22
23
Booster Pump Station #2
Tank #3 300,000 gal
SUBTOTAL
EA
EA
1
1
$122,538.00
$434,000.00
$122,538.00
$434,000.00
1
18" CMP
LF
2,801
$34.00
$95,234.00
2
CMP
LF
1,812
$42.10
$76,285.20
3
124"
36" CMP
LF
987
$58.50
$57,739.50
4
24" RCP
LF
119
$68.50
$8,151.50
5
18" Stone Outlet End Sections
EA
41
$325.00
$13,325.00
6
24" Stone Outlet End Sections
EA
5
$390.00
$11950.00
7
36" Stone Outlet End Sections
EA
6
$480.00
$2,880.001
8
1 Type C Inlet w/ Grate
EA
14
$1,825.001
$25,550.00
RED SKY RANCH
OPINION OF PROBABLE COSTS FOR
SUBDIVISION IMPROVEMENT AGREEMENT
JULY 31, 2001
ALPINE
ENGINEERING INC
9
10
11
Type D Inlet w/ Grate
Type 13 Valley Inlet w/ Grate
Curb Inlet
EA
EA
EA
1
5
8
$2,510.00
$2,065.00
$2,065.00
$2,510.00
$10,325.00
$16,520.00
12
4' Dia Manhole
EA
9
$1,770.00
$15,930.00
13
5' Dia Manhole
EA
1
$3,125.00
$3,125.00
14
6' Headwall
EA
2
$1,100.00
$2,200.00
15
10' Headwall
EA
1
$2,200.00
$2,200.00
16
17
18
1.5' Riprap Ditch
2' Riprap Ditch
4" DIP
LF
LF
LF
121
357
28
$8.00
$8.75
$42.50
$968.00
$3,123.75
$1,190.00
19
8" Pond Drain
EA
3
$1,716.00
$5,148.00
20
8" Gate Valve w/ Stem
EA
2
$1,366.00
$2,732.00
21
8" DIP
LF
116
$33.00
$3,828.00
22
4' Dia Manhole Riser
EA
2
$2,792.00
$5,584.00
23
East Detention Pond Grading
LS
1
$36,700.00
$36,700.00
24
East Maintenance Detention Pond Grading
LS
1
$10,000.00
$10,000.00
25
West Detention Pond 1 Grading
LS
1
$19,600.00
$19,600.00
26
27
Pond Liner (3 Ponds)
Pond Outlet Modification for Sediment Control
LS
LS
1
2
$42,500.00
$200.00
$42,500.00
$400.00
28
4" PVC
LF
32
$14.00
$448.00
29 1
Silt Fence
EA
3,188 1
$2.40
$7,651.20
30 IStabilized
Construction Entrance
EA
5
$1,500.00
$7,500.00
31
32
4" Perf.Flex Pipe w/ Rock & Mirafi 140N Subdrain
4'x 4'x 4' Trash Rack
LF
EA
365
1
$20.00
$500.00
$7,300.00
$500.00
SUBTOTAL
$489,09',8,15
SHALLOW UTIUTIE$
1
2
Trenching
Electric Conduit 4" PVC & Cable
LF
LF
41,631
68,836
$7.28
$6.03
$303,073.68
$415,081.08
3
Electric Conduit 6" PVC & Cable
LF
24,712
$11.82
$292,095.84
4
5
6
7
Telephone Conduit 2" Plowcon & Cable
Telephone Conduit 4" PVC & Cable
Telephone Conduit Extra 4" PVC
jTransformer
LF
LF
LF
EA
37,746
69,531
65,616
45
$2.28
$3.25
$1.82
$7,000.00
$86,060.88
$225,975.75
$119,421.12
$315,000.00
8
9
10
Electric Splice Vault UM1 -35L
Electric Splice Vault UM1 -30R
Electric Switch Gear
EA
EA
EA
17
30
2
$2,500.00
$1,200.00
$12,400.00
$42,500.00
$36,000.00
$24,800.00
11
12
13
14
Telephone Splice Vault - 6'x 8'
Telephone Splice Vault - 4'x 6'
Telephone Handhole
Gas (Main & Services)
SUBTOTAL
EA
EA
EA
LS
7
50
85
1
$5,355.06
$3,392.24
$116.64
$470,340.00
$37,485.42
$169,612.00
$9,914.40
$470,340.00
$Z547;6E3.97
BELLYACHE.FME ROADtANDSCAPING <'! ...
1
2
3
Landscaping (Trees, Boulders, Fencing)
3' Wide Wood Chip Footpath
Streetlight
SUBTOTAL
LS
LF
EA
1
3,000
9
$315,896.00
$15.00
$2,500.00
$315,896.00
$45,000.00
$22,500.00
$383y396.00
MISCELLANEOUS h H
1
2
Construction Management
Permits
LS
LS
1
1
$195,400.00
$13,500.00
$195,400.00
$13,500.00
3
4
5
Geotechnical /Geological Services
1 Revegetation
Isurveying
SUBTOTAL6321Q0:00
LS
LS
LS
1
1
1
$195,400.00
$32,400.00
$195,400.00
$195,400.00
$32,400.00
$195,400.00
SUBTOTAL
345
10% CONTINGENCY
$991,956.31
$1 0,911,519.36.
n
RED SKY RANCH & PLATH (Shared Utility Costs)
OPINION OF PROBABLE COSTS FOR
SUBDIVISION IMPROVEMENT AGREEMENT
JULY 27, 2001
)Fxh ;k-1 A
fait 3� `f
ALPINE
ENGINEERING INC
1
Mobilization
LS
1
$120,000.00
$120,000.00
2
Clearing
LS
1
$30,000.00
$30,000.00
3
Rock Excavation
LS
1
$200,000.00
$200,000.00
SUBTOTAL
$ 50,E10d;lt0
1
8" DIP
LF
6,855
$27.27
$186,935.85
2
10" DIP
LF
5,149
$31.11
$160,185.39
3
10" DIP - Restrained Joint
LF
666
$39.16
$26,080.56
4
12" DIP
LF
2,150
$32.65
$70,197.50
5
8" Gate Valve
EA
24
$573.08
$13,753.92
6
10" Gate Valve
EA
13
$823.88
$10,710.44
7
12" Gate Valve
EA
3
$1,019.24
$3,057.72
8
Fire Hydrant Assembly
EA
20
$2,838.32
$56,766.40
9
Air Release Valve Assembly
EA
4
$2,806.67
$11,226.68
10
Booster Pump Station #1
EA
1
$122,538.00
$122,538.00
11
Tank #1 250,000 gal
EA
1
$341,000.00
$341,000.00
12
Tank #2 250,000 gal
EA
1
$376,600.00
$376,600.00
13
Water Treatment Plant (Building & Treatment)
LS
1
$1,420,000.00
$1,420,000.00
14
Water System Instrumentation & Controls
LS
1
$65,592.00
$65,592.00
SUBTOTAL
$2,$64�s�4.4r3
SHALLIrtW UTIL�
1
Trenching
LF
6,911
$7.28
$50,312.08
2
Electric Conduit 4" PVC & Cable
LF
12,805
$6.03
$77,214.15
3
Electric Conduit 6" PVC & Cable
LF
16,996
$11.82
$200,892.72
4
Telephone Conduit 2" Plowcon & Cable
LF
5,320
$2.28
$12,129.60
5
Telephone Conduit 4" PVC & Cable
LF
16,428
$3.25
$53,391.00
6
Telephone Conduit Extra 4" PVC
LF
10,640
$1.82
$19,364.80
7
Electric Splice Vault UM1 -35L
EA
14
$2,500.00
$35,000.00
8
Electric Splice Vault UM1 -30R
EA
2
$1,200.00
$2,400.00
9
Electric Switch Gear
EA
1
$12,400.00
$12,400.00
10
Telephone Splice Vault - 6'x 8'
EA
1
$5,355.06
$5,355.06
11
Telephone Splice Vault - 4'x 6'
EA
13
$3,392.24
$44,099.12
12
Gas (Main & Services)
LF
4,413
$20.00
$88,260.00
SUBTOTAL
1HIISCEI�t`ANEC>US ........
1
Construction Management
LS
1
$95,000.00
$95,000.00
2
Permits
LS
1
$6,500.00
$6,500.00
3
Geotechnical /Geological Services
LS
1
$95,000.00
$95,000.00
4
Revegetation
LS
1
$16,000.00
$16,000.00
5
Surveying
LS
1
$95,000.00
$95,000.00
SUBTOTAL
$319i,500.iIQ
SUBTOTAL
$4,1 2,9fr'R9
10% CONTINGENCY
TOTAI;i
. .
:........ :... ..
. ;.
$412,296.30
4s r�2 }29'.
Note: The costs on this page are collateralized by Letter of Credit No. 3039292 in the
amount of $4,535,269.29. A copy of said Letter of Credit is attached hereto.
�•PL. F
� ys4•�
i
lank of America J-� � � �; d,'� A
co o
0
PAGE: 1
DATE: JULY 25, 2001
IRREVOCABLE STANDBY LETTER OF CREDIT NUMBER: 3039292
BENEFICIARY APPLICANT
BOARD OF COUNTY COMMISSIONERS THE VAIL CORPORATION
COUNTY OF EAGLE, STATE OF COLORADO 137 BENCHMARK ROAD
500 BROADWAY AVON, CO 81620
EAGLE, CO 81631
AMOUNT
NOT EXCEEDING USD 4,535,2159.29
NOT EXCEEDING FOUR MILLION FIVE
HUNDRED THIRTY FIVE THOUSAND TWO
HUNDRED SIXTY NINE AND 29/1001S US
DOLLARS
EXPIRATION
DECEMBER 15, 2002 AT OUR COUNTERS
WE HEREBY ESTABLISH IN YOUR FAVOR OUR IRREVOCABLE STANDBY LETTER OF
CREDIT NUMBER 3039292 WHICH IS AVAILABLE WITH BANK OF AMERICA, N.A.
BY PAYMENT AGAINST PRESENTATION OF THE ORIGINAL OF THIS LETTER-OF
CREDIT AND YOUR DRAFTS AT SIGHT DRAWN ON BANK OF AMERICA N.A.,
ACCOMPANIED BY THE DOCUMENTS DETAILED BELOW:
BOARD OF COUNTY COMMISSIONERS OF COUNTY OF EAGLE'S SIGNED STATEMENT
CERTIFYING THAT:
1) THERE HAS BEEN A DEFAULT IN THE CONSTRUCTION OF PUBLIC
IMPROVEMENTS REQUIRED BY THE COUNTY OF EAGLE, STATE OF COLORADO,
PURSUANT TO THAT CERTAIN SUBDIVISION AND OFF -SITE IMPROVEMENTS
AGREEMENT DATED , 2001 BETWEEN THE COUNTY OF EAGLE, COLORADO
AND THE VAIL COR�OIV RELATIVE TO RED SKY RANCH FINAL PLAT_
2) THE AMOUNT DRAWN IS REASONABLY REQUIRED TO REMEDY THE DEFAULT.
ALL DRAFTS MUST BE MARKED "DRAWN UNDER BANK OF AMERICA, N.A. LETTER
OF CREDIT NO. 3039292 DATED JULY 25, 2001."
WE HEREBY ENGAGE WITH YOU THAT DRAFT(S) DRAWN UNDER AND IN COM- PLIANCE
WITH THE TERMS OF THIS LETTER OF CREDIT WILD, BE DULY HONORED U-ON
PRESENTATION, AS SPECIFIED HEREIN.
THIS LETTER OF CREDIT IS SUBJECT TO THE UNIFORM CUSTOMS AND PRACTICE
FOR DOCUMENTARY CREDITS (1993 REVISION), INTERNATIONAL CIiAMBER OF
COMMERCE PUBLICATION NO. 500.
IF YOU REQUIRE ANY ASSISTANCE OR HAVE ANY QUESTIONS REGARDING CIS
TRANSACTION, PLEASE CALL 213- 345 -6630_
- -- - - - - - - - - - - - - - - - ------- - - - - --
AUTHO� Z D IGNATURE AUT SIGNATU"ELM A CHAN
THIS DOCUMENT CONSISTS OF 1 PAGE(S).
SERAFIN CAGAYAN
0
e.rAmerici, N.A. T'aJc O,.et.i7e�s '
C.4.: C ^9.71Q_1 C 09 .ORIGINAL
;. bd1 &Y Av M. 19th Fle . Inc AMSCICa, 4-A 9111117
.11:oi.vsn 9 -I CA919
�.�. Recycled Paper
