HomeMy WebLinkAboutC01-324 SIA for Willits Family Homestead771892
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SUBDIVISION AND OFF -SITE IMPROVEMENTS
AGREEMENT
File No. SUF -00006
THIS SUBDIVISION AND OFF -SITE IMPROVEMENTS AGREEMENT ( "Agreement ")
made and entered into this W*— .- day of K)Ogou&k�g , 2001, by and between Lloyd &Robert
Willits (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 Willits Family
Homestead (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 11, 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, 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 resulting from the
development of this Subdivision, by the engineering, construction and completion of physical >u°
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 H, Section 4 -620.9 of the Land Use Regulations -and C.R.
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. "
s ^.
NOW, THEREFORE, in consideration of the premises and the covenants and agreements t"
herein contained to be kept and performed by the parties hereto, it is hereby understood acid agreed
as follows:
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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.
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. Roadwav - 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.
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1.3.2 Testin . 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 drainaae culvert trench backfill under roadway prisms - 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 -glade - 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 aggregate
base course.
e. Hot Bituminous Pavement - two asphalt content, gradation and in -place
density tests per day's production.
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.
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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
famished 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 completion of the two year warranty period and the final release of Collateral by the County.
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 11, 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 24, 2001.
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 maybe 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.
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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 Subdivision
Improvements is the sum of $65,350.00, 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 Landscape Guarantee. Subdivider agrees to submit a landscaping plan, prior to approval
of final plat, for the subdivision which will complywith 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 total amount of
$6,535, representing the ten percent (10 %) remainder as defined in Section 2.2 below. The
Subdivider has obtained collateral in a form acceptable to the County ( "Collateral ") prior to signing
of the final plat, as evidenced in attached Exhibit "B ".
2.2 Release of Collateral/Warranty. The Subdivider has completed all of the work required
by this Agreement and the work has been approved and accepted by the County, the entire amount
of the Collateral, an amount equal to ten percent (10 %) of the original Engineering estimate of
improvements. Subdivider shall be responsible for the condition of the Subdivision Improvements
for a period of two years after completion of the improvements; this shall be guaranteed either
through the retention of Collateral, as set forth above, or Subdivider 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
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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 ofLabor 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.
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.
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2.8 Materials and Pa ent Bond. In addition to the Collateral described herein, the
Subdivider shall provide to the County a Materials and Payment Bond to ensure that all contractors,
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.
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.
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 County 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 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 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.
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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.
4.3 Warranties and Guarantees. There shall be a two -year correction period, or such longer
period as maybe prescribed by law, from the time of completion of the Subdivision Improvements,
commencing October 18, 2001, 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 Agreement
maybe amended or modified from time to time, provided that such amendment or modification be
in writing and signed by all parties hereto.
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4.6 AssiQllability. 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 ofthe 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 assumption 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 complete
shall be under the sole responsibility and charge of the Subdivider. When it is necessary to allow
the general public to utilize the roadways under construction by the Subdivider, 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 SS WHEREOF, the parties hereto have executed this Agreement this
day of 12001.
COUNTY OF EAGLE, STATE OF COLORADO,
y and Through Its
ATTEST: OARD OF COUNTY COMMISSIONERS
� oQtoaP°
By: -
Clerk to the Board of Tom C. Stone, Chairman
County Commissioners Address for giving notice:
P.O. Box 850
Eagle, CO 81631
(970) 328 -8685
SUBDIVIDER: �?
OWNEPee.
By: i
Address for giving notice:
STATE OF COLORADO )
SS
County of 1
f(A day of . , 200, by
The fore ing has knowledged b for this
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WITNESS my hand and official
My commission expires
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