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HomeMy WebLinkAboutC05-042 Beaver Creek Metropolitan District I ~, I I III 1III II I I 906'~9 ~oI"'''I/4. ~S"I . , Page: \.' 14 I - IMI 02/18/2005 02:18P . r.ak J Simonton E..le, CO 89 R 0.00 o 0.00 SUBDMSION AND OFF~SITE IMPROVEMENTS JY)rJL.- AGREEMENT BEAVER CREEK METROPOLIT ANDISTRICT OPERATIONS AND ADMINISTRATIVE FACILITY File No. AFP~OO204 THIS SUBDIVISION AND OFF-SITE IMPROVEMENTS AGREEMENT ("Agreement") made and entered into this I'~ day of ~ek/)l1-e..l ' 2005, 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 Beaver Creek Metropolitan 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 Eagle- Vail Commercial Service Center, A Re-subdivhion of Lot 6, 7, and, Block l(hereinafter referred to as "Subdivision"), desires an Agreernent 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 final plat of this Subdivision, the Subdivider is obligated to provide security and collateral sufficient in the judgment of the County 1 t1.4:J'-t!~~-S- / SUBDIVISION AND OFF-SITE IMPROVEMENTS AGREEMENT BEAVER CREEK METROPOLIT ANDISTRICT OPERATIONS AND ADMINISTRATIVE FACILITY File No. AFP-00204 THIS SUBDIVISION AND OFF-SITE IMPROVE ("Agreement") made and entered into this ~. day of ~, 2005, by and between the County of Eagle, State of Colorado, a body corporate and politi , by and through its Board of County Commissioners (hereinafter "County") and Beaver Creek Metropolitan 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 Eagle- Vail Commercial Service Center, ARe-subdivision of Lot 6,7, and, Block l(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. S30-28-137; 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 improvernents 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 final plat of this Subdivision, the Subdivider is obligated to provide security and collateral sufficient in the judgment of the County 1 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 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 final 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 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. 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 2 - 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 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 pnsm. b. Embankments for roadways - one density test per 2,000 CY. of any additional embankment(s); and one density test per 500 C.Y. when within 100 feet of bridge approaches." c. Finished sub-grade - 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 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 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. 3 1.3.4 Witnessing of Water and Sewer Laterals. It is essential that the ends of these laterals be witnessed by the Subdividerls 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 S38-51-105, c.R.S., and Chapter II, Section 5-280.5.a (l)(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 January 1,2008. 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. 4 1.7 Estimated Costs of Subdivision Improvements. The estimated cost of the Subdivision Improvements is the sum of$ 90,125.75, 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. If applicable, 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 total amount of$ 90,125.75. The Subdivider shall obtain collateral in the form of either a Corporate Bond without Sureties or a Certificate of Deposit 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 Landscape Plan Collateral. 2.4.1 Subdivider agrees to provide collateral in a form acceptable to the County Attorney to ensure landscaping will be installed. 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. 5 3. INSURANCE and INDEMNIFICATION. 3.1 Indemnification. Subdivider shall indemnify and hold the County harmless from any and all claims rnade 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 ofthe 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 ernployee 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 Irnprovement 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. 6 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. 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 Improvernents 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. 7 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 ofthis Agreement shall be deemed given on the day that the sarne is placed in the United States Mail, postage prepaid, certified or registered mail, return receipt requested. 4.12 Enforcement and Attorney 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. 8 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its ATTEST: BOARD UNTY COMMISSIONERS . By: Address for giving notice: P.O. Box 850 Eagle, CO 81631 Phone: (970) 328-8685 SUBDIVIDER: Beaver Creek Metropolitan District By: Title: Address for giving notice: P.O. Box 2560 Edwards, CO 81632 and Subdivider's Attorney: James P. Collins, Esq. Collins Cockrel & Cole 390 Union Blvd., Suite 400 Denver, CO 80228 STATE OF COLORADO ) ) ss: County of I~ ) The foregoing was acknowledged before me . . r; l' ~. 11 kLA," I j i/;:)C 'y J a i\ 'T! ~ '( i/l:~~ t it "", :/ WITNESS my hand and official seal. My G:\Debbie Exhibit "A" Estimated Costs of Subdivision Improvements . -- - . -- -_._~r-" nL...I..,1:. 1:.111....1..,1:.1:."'.1..,'" <vtV~'-u....,,,,,,,",U ......... ALPI~. ,~. - .. '""' -. .-- ~ E: 1.0 STORM SEWER SYSTEM QUANTITY UNITS PRICE FACTOR L I 12"Reinforced Concrete Pipe 312 lJ. $35.00 \.0 f~02 -12'~ 'F:efnforced Concrete plpe(5"6%VROCis'oo;., BCMDr'71-'- - '---I.f. -- - $35.00 oj" 'i ;q3._18"Rel?r:or~e9 Cojlcr-et~?ip.~J~Q.O!lY~Dcj}OO~B~~r5)_~ __ . )4f--'--~:J/ ...... .$:L(rnY .0..5 1.04 12" Flared End Section (50% VRDC/ 50% BCMD) . 1 ea. $800:00 0.5 'L05 . Jt f.lare~ E~~(S~.ctioii (~~"ly@~r50_~_~ !3.~HpY.:~:-':_=:_ ..~r .__:. _..ea:.... ....$ L~_60:2~ Crr .__. 1.05 Type 13 Inlet . ..' .. 1 .. ea. $4,000.00 LO -\,07 . Typef3In]et(50o/~ V'RDCi~O%BC~1D) '---'-- --_.... 2' --- "'ea '$4,000.00. 0.5 .Tos._ '4: Dj~.i!1~t~E Manhofe'(~q~i~_yR.P~~}O~ B.<;~mE.=..__::"- . d.:. ..1. ...-. -~'~~:~a.: ..-$.n~Q9:00" 9.:'~.. 1.09 6' Diameter Manhole (5Q% VRDC! 50% BeNtO) d .' 1 . ea... . $4,000.00 0.5 fio'''Ouiiet Structure (50%VRDCTsoo/;"BcMbr'''''' ------. 'r""" ""-ea:'-' '$5,066:60 . 0.5 'i.Jid RrR1i.(500Jc;VRDC150%""B"C-rVtb)-......-'-.----. '..---'-.. f' l.i---$f:OOO.OO" 0.5 ..... Subtotal Division 1.0 2.0 PAVI~G QUANTITY UNITS PRICE FACTOR COST 2.0 I. As!)h,a.lt .p'atchback 84 ..., _ s:y.~._ . $16.00 1.0 $1,3~.QQ_. .~.......__..-. -_.... ..- ..~... '~"--"'~---'-~-'--~" . .---....-.. 2.02 Sidewalk 1176 s.f. $5.00 1.0 $.5,889.:Q9._. .-"'. ,.'- ... .- "."-.,.,.." .. ~_._-_... ,.~_. ".---... -.--.-..,.-. 's'is.oo' 2.03 Curb and Gutter 200 I.f. 1.0 $3,000.00 I Subtotal Division 2.0 $10,224.00 3,0 EARTHWORK QU ANTlTY UN ITS PRICE FACTOR COST 3.01 Detention Pond Excnvation (50% VRDC/50% BCMD) . ,.64..?_.9: ... ........, $4.00 0.5 $1,2J.Q:OO 3:02 Pond Retaining 'Wall (500/; VRDC; 50% Bct.1D) -..... _"m_ .. 284 IJ. $275.00 0.5 $39.050.00 I Subtotal Dhision 3,0 $40,340.00 4,0 MlSCELLANEOCS QUANTITY UNITS PRICE FACTOR COST 4:91 S~rvex C50% VRDc.t..50:o B.C~D) ,. __.q. 1 l.s. $1,500.00 0.5 S75Q.Q9q_ .-.~._. ---....-. ''''-'Ii.'s~- h ... $1.606~oo 4.01 Inspection (50% VRDC/ 50% BCMD) 0.5 $500.00 I Subtotal Division 3.0 $1.250,00 SUMMARY OF PUBLIC PROBABLE IMPROVEME~T COSTS iDIVISION TOTAL COST 1.0 STORM SEWER SYSTEM S~0.!.1.18.?~.. . .. . ,-.- ... .,"-- ,. . . ..-.. .~ ,., __ "'0- --.". .. . - -... 2.0 PA VING S I q..~~~. 00... . -. . . . .... ,- . -~....- - .... .. -_.-. .... . 3.0 EARTHWORK $4Q,~40.00.__ .-....,........ .- ,..'.,,'...... ., . .. .....- ---- . ..' ._" ., ,.. 4.0 MlSCELLA:-.IEOUS $1,250.00 SlBTOTAL $81,932.50 10% CONTINGENCY $8,193,25 TOTAL AMOUNT $90,125.75 P'.BCR04006\Doc,ISIA,Co3t BCMD.xls Page 1 of 1 Exhibit "B" Corporate Bond Without Sureties CORPORATE BOND WITHOUT SURETIES KNOW ALL MEN BY THESE PRESENTS, that Beaver Creek Metropolitan District, a quasi-municipal corporation organized and existing under the laws of the State of Colorado, with principal offices at 28, 2d Street, Suite 213, Edwards, Colorado, as Principal, IS held and firmly bound unto THE BOARD OF THE COUNTY COMMISSIONERS, COUNTY OF EAGLE, A POLITICAL SUBDIVISION OF THE ST ATE 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 Improvements Agreement dated 1i>bRU/rf!..1 JS- , 2005 between County of Eagle, Colorado and Principal, relative to Lot 7a, Block 1, Eagle- V ail Commercial Service Center Subdivision, 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, then this obligation shall be void, otherwise to remain in full force and effect up to and including December 31, 2005 unless terminated previous thereto upon ninety (90) days written notice from either party. Beaver Creck\Bonds\ Corporate Bond Without Sureties 012705 Executed this ~ day of _Fi~"q~/ , 2005, at 28 2d St, Suite 213, Edwards, Colorado. 2J By: Title: STATE OF COLORADO ) ) ss. COUNTY OF EAGLE ) instrument was acknowledged before me this j /t-Lday of by Larry E. Grafe I as General Manager of the Beaver Creek Notary Public My 2