HomeMy WebLinkAboutC04-348 Eagle River Water and Sanitation District
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SUBDIVISION AND OFF-SITE IMPROVEMENTS
AGREEMENT
BRETT RANCH PUD- TRACT F
File No. ZS-00121
THIS SUBDIVISION AND OFF-SITE IMPROVEMENTS AGREEMENT
("Agreement") made and entered into this tJ.iI- day of ~ . 2004, by and between
the County of Eagle, State of Colorado, a body corporate and politic, by and through its Board of
County Commissioners (hereinafter "County") and Eagle River Water and Sanitation District, a
quasi-municipal corporation organized and existing under the laws of the State of Colorado
(hereinafter "Subdivider").
WITNESSETH
WHEREAS, the Subdivider, as a condition of approval of the Final Plat of the Brett
Ranch PUD- Tract F (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
maintenance 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
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 improvements to the said road as set forth in this Agreement; and
WHEREAS, as a further condition of approval of the fmal 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 Imorovements. Subdivision Improvements are deemed to include all
public improvements, including but not limited to off-site improvements as set forth in all
documents, construction drawings, designs, maps, specifications, sketches, cost estimates, and
other materials submitted by the Subdivider prior to or at fmal plat approval and acceptance by
the County. Such Subdivision Improvements shall include roads, utilities and other similar
public improvements as specified by the County Engineer.
1.2 Sco~ 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. 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
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-culverts
-transition points for super-elevation
-finished sub-grade
- fmished 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 roadwav 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-l!rade - one density test per 250 lineal feet of roadway.
d. Agl!regate 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 Bikeoaths - 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 sub grade
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 or as shortly thereafter as reasonably possible 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
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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 commencement of the two year warranty period. In
addition to witnessing of the horizontal location of these laterals, a vertical witness shall be
required. Horizontal witnessing shall be to property comers, 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 As-Built Drawings of Subdivision Improvements. As-Built 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. This shall include as-
built drawings in an electronic format acceptable to the County Engineer.
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.RS., 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 Highwavs 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
November 30,2006.
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.e
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.
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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 ofS 647,562.00, 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 off-site 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 comply with Section 4-240, Installation and
Maintenance Reauirements. 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$ 647,562.00. The Subdivider shall obtain collateral in the form ofa CORPORATE BOND
prior to signing of the final plat, and attached hereto as Exhibit "B".
2.2 Warranty Period. After Subdivider has completed all of the work required by this
Agreement and the work has been approved and accepted by the County, the two (2) year
warranty period shall commence. Subdivider shall be responsible for the condition of the
Subdivision Improvements for a period of two (2) years after completion; this shall be
guaranteed either through the continued retention of the Collateral, as set forth above, or
Subdivider may provide a substitute form of Collateral as set forth in Section 2.3 hereunder.
2.3 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. 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.
2.4 Landsca{>e Plan Collateral.
2.4.1 Subdivider agrees to provide collateral in a form acceptable to the County
Attorney to ensure landscaping will be installed.
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2.4.2 As portions of the landscape improvements are completed, the Community
Development Director shall inspect them and determine if they are acceptable. The landscape
improvements shall be subject to the two (2) year warranty period as set forth in Sections 2.2 and
4.3 of this Agreement.
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 harinless 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.
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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 Im"rovement 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 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.
4.5 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.
4.6 Amendment and Modification. The parties hereto mutually agree that this
Agreement may be amended or modified from time to time, provided that such amendment or
modification be in writing and signed by all parties hereto.
4.7 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 Subdivision, 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 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.
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4.8 Binding upon Successors. This Agreement shall inure to the benefit of and be
binding upon the parties hereto, their respective successors, and assigns.
4.9 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.
4.10 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.
4.11 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 Mail, postage prepaid, certified or
registered mail, return receipt requested.
4.12 Enforcement and Attomev Fees. The County may enforce the provisions of this
Agreement in the same manner and with the same remedies applicable to the enforcement of
land use regulations pursuant to the Eagle County Land Use Regulations, as they may be
amended from time to time, or as otherwise provided by law. Alternatively, the terms of this
Agreement may be enforceable by the Board or its designee by any appropriate equitable or legal
action, including but not limited to specific performance, mandamus, abatement, or injunction.
The remedies explicitly provided herein are cumulative, and not exclusive, of all other remedies
provided by law. The prevailing party in any action brought pertaining to this Agreement shall
be entitled to an award of costs and reasonable attorney's fees.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the
day and year fIrst above written.
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;
ATTEST:
TomgfL.~
Chairman
Address for giving notice:
P.O. Box 850
Eagle, CO 81631
Phone: (970) 328-8685
SUBDIVIDER: Eagle River Water and
Sanita~.. .
By:
Dennis Gelvin, General Manager
Address for giving notice:
Eagle River Water and Sanitation District
846 Forest Road
Vail, CO 81657
and
Subdivider's Attorney:
Collins, Cockrel & Cole
390 Union Blvd.
Denver, CO 80228
Phone: (303) 986-1551
STATE OF COLORADO
County of ~L
)
) ss:
)
~e foregoing was acknowledged before me this q I:t-- day of ~, 2004,
by --J..)l~t1'.r ~/.;,...... as~ J..k.~y,of ~~
'WITNESS my hand and official seal.
Notary Public
My commission expires
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Exhibit "A"
TRACT F - BRETT RANCH
SUBDIVISION IMPROVEMENT AGREEMENT
INFRASTRUCTURE COST ESTIMATE
OCTOBER 25,2004
ALPINE!.
ENGINEERING INC
ITEM DESCRIPTION UNIT QUANTITY UNIT PRICE TOTAL
1 MobDlzatlon C10%l LS 1 $ 58 800.00 $ 58 800.00
2 TrafIic Control LS 1 S 10,000.00 S 10000.00
3 DewaterInG LS 1 S 20 000.00 $ 20 000.00
SUBTOTAL $ 88 BOO.OO
EARTHWORK
1 TODSOD RemoveJReDlace 11'\ CY 3467 $ 8.00 $ 27736.00
2 ExcavatIon CY 3165 $ 5.00 $ 15825.00
3 Embankment CY 2616 $ 6.00 $ 15696.00
4 I ExDort Earthwork CY 545 $ 8.00 S 4 360.00
SUBTOTAL S &3 817.00
WATER
1 Tie to Exlstlna Water Line EA 1 $ 500.00 S 500.00
2 8" DIP LF 431 $ 45.00 S 19395.00
3 6" DIP LF 28 $ 40.00 $ 1 120.00
4 8" Gate Valve EA 4 $ 800.00 $ 3.200.00
5 Fire Hvdrant Assemblv EA 2 S 2 800.00 $ 5.600.00
6 1-117' Water Service Connections EA 10 S 365.00 S 3 650.00
7 1-117' CoDDer Water ServIce line LF 620 $ 30.00 $ 18600.00
8' IrrIaatIon Manhole and TaD EA 1 $ 3 000.00 S 3 000.00
SUBTOTAL s 6& 086.00
SEWER
1 Tie to ExIstIna Sewer Une EA 1 500.00 S 500.00
2 5' DIameter Manhole EA 1 3 500.00 $ 3 500.00
3 4' Diameter Manhole EA 2 2 500.00 S 5 000.00
4 8" PVC LF 208 40.00 $ 8 320.00
5 8" PVC lc-900l LF 40 $ 45.00 S 1 800.00
6 4" PVC Service LF 125 S 35.00 $ 4 375.00
7 4" PVC Service lC-9OOl LF 270 S 42.00 $ 11 340.00
SUBTOTAL S 34 83&.00
SHALLOW UTILITIES
1 UM-3OR Electric SDllce Vault EA 1 $ 800.00 $ 800.00
2 Electric Transformer Vault, Conduit and Cable EA 2 $ 5,800.00 $ 11,600.00
3 Joint Trench Conduit and Cable LF 810 $ 20.00 $ 16200.00
4 Service Trench. Conduit and Cable LF 1,335 $ 20.00 $ 28,700.00
5 Pipe Beddlna TON 1,480 $ 17.00 $ 25,160.00
6 Gas Une LF 1,080 $ 15.00 $ 16,200.00
7 Street Ughts EA 5 $ 500.00 $ 2,500.00
SUBTOTAL $ 99 180.00
DRAINAGE STUCTURES PIPES AND FITTINGS/SEDIMENT CONTROL
1 Curb Inlet & Grate EA 2 $ 2.600.00 $ 5 200.00
2 18" RCP LF 63 $ 90.00 $ 5,670.00
3 18" RCP Flared End Section EA 1 $ 450.00 $ 450.00
4 RID RaD EA 1 $ 370.00 $ 370.00
5 Beaver TraD Inlet Protection EA 2 $ 120.00 $ 240.00
8 Silt Fence LF 760 $ 3.00 $ 2,340.00
7 Stabilized Construction Entrance EA 1 $ 1,750.00 $ 1 750.00
8 12" HDPE Culvert LF 17 $ 20.00 $ 340.00
9 Water Qualltv Pond and Structure LS 1 $ 17,000.00 $ 17,000.00
SUBTOTAL $ 33.360.00
Page 10'2
TRACT F - BRETT RANCH
SUBDIVISION IMPROVEMENT AGREEMENT
INFRASTRUCTURE COST ESTIMATE
OCTOBER 25, 2004
ALPINE
ENGINEERING INC
ITEM DESCRIPTION UNIT QUANTITY UNIT PRICE TOTAL
PAVING
1 Subgrade PreD for Pavlna and Conerete SY 4675 S 2.00 $ 9 350.00
2 Class 6 Roadbase TON 1690 S 26.00 S 43 940.00
3 AsDhaJt Pavlna TON 510 S 48.00 $ 24 480.00
4 30" Mountable Curb LF 465 $ 20.00 $ 9 300.00
5 X Curb and Gutter LF 64S S 20.00 $ 12900.00
6 Concrete FlBets and Cross Pans SF 1303 $ 10.00 $ 13030.00
7 Conerete ADA RamllS EA 5 $ 500.00 S 2 500.00
8 Concrete Sidewalks SF 3635 $ 15.00 1 54 525.00
9 Concrete DumDSter Pad EA 1 $ 4 000.00 IS 4 000.00
10 striDing LS 1 $ 1 000.00 $ 1 000.00
11 Signs EA 3 5 500.00 S 1 500.00
12 AdLust Manholes and Valves to Final Grade EA 4 S 300.00 1 1.200.00
13 Recreation Path LS 1 $ 25 000.00 S 25 000.00
SUBTOTAL $ 202 726.00
LANDSCAPING
1 LandscaDlna LS 1 S 70 000.00 'I 70 000.00
SUBTOTAL S 70.000.00
TOTAL S 847 1182.00
Page 2 of 2
Exhibit "B"
CORPORATE BOND
KNOW ALL MEN BY THESE PRESENTS, that EAGLE RIVER WATER
AND SANITATION DISTRICT, a quasi-municipal corporation organized and existing
under the laws of the State of Colorado, with principal offices at 846 Forest Road, Vail,
Colorado, as Principal, is held and finnly bound unto THE BOARD OF THE
COUNTY COMMISSIONERS, COUNTY OF EAGLE, a Political Subdivision of the
State of Colorado, as Obligee, in a penal amount sufficient to make good the Principal's
obligations hereunder, for which payment, well and truly to be made and performed, the
Principal by these presents hereby binds itself, its successors ,and assigns.
The condition of this obligation is such that if the above-named Principal (1)
faithfully performs all conditions imposed by that certain Subdivision and Off-Site
Improvements Agreement dated ~4114~ tL 2004 between Co~ty of Eagle, Colorado
and Principal, relative to the Brett Ranch PUD-Tract F Subdivision (File No. ZS-00121)
and (2) indemnifies and saves harmless the County of Eagle against and from any and all
damages or claims for damages, loss, costs, charges or expense on account of injury to
persons or property resulting from or occasioned by the negligence of said Principal in
the performance required herein, and (3) satisfies the two (2) year warranty period
imposed by the Subdivision and Off-Site Improvements Agreement then this obligation shall
be void, otherwise to remain in full force and effect up to and including satisfactory
completion of the subdivision improvements and expiration of the two (2) year warranty
period as set forth in the Subdivision and Off-Site Improvements Agreement.
ERWSDlBonds\
CorporBle Bond Without Sureties ERWSD,doc
It is further agreed and understood that at all times prior to the completion and acceptance
of the Principal's obligations set forth in the Subdivision and Off-Site Improvements Agreement
by the County, each of said improvements not accepted as complete shall be under the sole
responsibility and charge of the Principal. When it is necessary to allow the general public to
utilize the roadways under construction by the Principal, traffic control and warning devices shall
be placed upon such roadways by the Principal 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 the event of any inconsistency or
incongruity between the provisions of this Corporate Bond and the Subdivision and Off-Site
Improvements Agreement, the provisions of the Subdivision and Off-Site Improvements
Agreement shall in all respects govern and control.
Executed this c.( -k- day of November, 2004, at 846 Forest Road, Vail, Colorado.
. BY:~
Dennis Gelvin
Title: General Manager
STATE OF COLORADO )
) ss.
COUNTY OF EAGLE )
The foregoing instrument was acknowledged before me this ~ day ofNDV~~ ,
~, by Dennis Gelvin as General Manager of the , ,,!,., Water and Sanitation
District. ~,\",:: '.' ~/~~
CO '",," {"
My commission expires: 8- 1/ - 2lt>1
