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HomeMy WebLinkAboutC06-213 SUBDIVISION AND OFF-SITE IMPROVEMENTS AGREEMENT THE POINTE AT EDWARDS File No. SMA-00025 THIS SUBDIVISION AND OFF-SITE IMPROVEMENTS AGREEMENT ("Agreement") made and entered into this 6)~ day of June, 2006, 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 The Pointe at Edwards LLC (hereinafter "Subdivider"). WITNESSETH WHEREAS, the Subdivider, as a condition of approval of the Final Plat of The Pointe at Edwards (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 ofthe [mal 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 1 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 fmal plat approval and accepted by the County, and in accordance with all laws ofthe 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. In addition, the Subdivider is required to pave Bull Run Road and the lower north eastern portion of Lariat Loop as part of the Off-Ste Improvements. 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 2 -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 ofthe Subdivider: a. Utility and drainage culvert trench backfill under roadway prisms - one density test per 200 C. Y. ofbackfill 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 C.Y. of any additional embankment(s); and one density test per 500 C.Y. when within 100 feet ofbridge 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 ofthe 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 or as shortly thereafter as reasonably possible for the purpose of observing proof rolls on items I) 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 Subdivider's engineer to a minimum of three divergent points and a permanent record made of the same. Copies ofthese records are required to be furnished to the Eagle County Engineer prior to commencement ofthe 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 Monument at ion. An Affidavit of Monument at ion 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., shall be provided to the Eagle County Engineer prior to the acceptance ofthe 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 December 31, 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 ofthe 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 ofthe 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 ofthe 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$ 1,322,289.00, 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 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. 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 total amount of$ 1,322,289.00. The Subdivider shall obtain collateral in the form of an irrevocable LETTER OF CREDIT prior to signing of the final plat, and attached hereto as Exhibit "B". 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 ofthe work required by this Agreement and the work has been approved and accepted by the County, the entire remaining amount ofthe Collateral, less an amount equal to ten percent (10%) ofthe original Collateral, shall be released. Subdivider shall be responsible for the condition ofthe Subdivision Improvements for a period of two (2) years after completion; this shall be guaranteed either through the retention of Collateral, as set forth above, or Subdivider may provide a substitute form of Collateral as set forth in Section 2.4 hereunder. 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. 5 2.5 Draws. Draws against the Collateral shall only be made as directed by written Resolution ofthe 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 (10) days prior to its expiration. If Collateral is neither extended nor substitute collateral provided, in a form acceptable to the County, at least ten (10) 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 Ifthe 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 Landscape Plan Collateral. 2.8.1 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 percent (125%) of the estimated cost ofthe landscaping improvements listed in the Landscape Plan. 2.8.2 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 ten percent (10%) shall be withheld until all proposed improvements are completed and approved, and an additional twenty-five percent (25%) be retained until the improvements have been maintained in a satisfactory condition for two (2) years. 6 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 ofInsurance. 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 ofthe 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 ofthe 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 ofthe 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 respect govern and control. 7 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 ofthe 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 ofthis 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 ofrights-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 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 fmancial 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 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. 8 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 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 ofthis Agreement may be enforceable by the Board or its designee by any appropriate equitable or legal action, including but not limited to specific perfonnance, 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. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its ATTEST: BOARD OF COUNTY COM IS / . Teak 1. Simonton, Clerk to the County Commissioners Address for giving notice: P.O. Box 850 Eagle, CO 81631 Phone: (970) 328-8685 9 Name: Sanford M. Treat III Title: President, Treat Development, Inc., Managing Member of The Pointe at Edwards LLC STATE OF COLORADO ) ) ss: County of ) was acknowledged before me this 2006, by as n&l~l~ WITNESS my hand and official seal. My commission expires r ~qf<'<ft.!i~~Li1J II 10 POIIl Ie itS THE at1JFf:$.AT EDWARDS Summary of Public Improvement Cost Estimates 12/5/2005 On-Site Infrastructure Improvements $868,632 Off-Site Infrastructure Improvements $210,040 Infrastructure Contingency (1001<,) $107.867 Landscape Improvements $108,600 Landscaping Contingency (25%) $27.150 Total Infrastructure and Landscaping $1,322.289 Infrastructure Cost Estimates by Peak Civil Engineering, Inc dated 12-5-05 Landscape Cost Estimates by SonesMac Landscape, dated 12-5-05 \\\\\\\lWIJf1I/111 ~\\\\\ DO RE G!;II/;';" #" ~ ....... ~ ;.z # 0 ..~CAS ;q~....~~ !~,'V ~\~%. ~():~ "1'.0;:; - .&: (j)" ::: ::: 36668 0: :: ~ r1JJ.. ~. ~ s"O. t .tJ:~ ~ . . ii,,/, " ~.. .. ..... .. .. .;,,:.;$ ~ . . .. rz.#1#b~._,~~: ~ is: ........... ~0. i-~" ~//II 8;ONAL 't:.'. ;..,;,;;' IIIIJ \1\"\ 't^y S~~tl6i~ ~e*()fJ<;'l{Hllry 15> t..\M lTED 10 c ,VI L. I I E;;NbINE:€.,e.\f'J(q f>Lf\N~ .PPff€O 11 Ig t6 fo/~ it, Peak Civil Engineering, Inc. fS PLC Job No. 1344 12-5-05 THE -.;.urn~.AT EDWARDS- SITE PUBLIC IMPROVEMENTS COST ESTIMATE Approx. Unit Total Item Description Quantity Unit Cost Cost ,-- SITE WORK 1 Site Grading-Excess Ex_cavation 16591 CY $10 $165,910 2 Site Grading- Cut/Fill 2966 CY $5 $14,089 3 Site Walls (Stacked Boulders) 6896 SF $25 $172,400 4 Erosion Control 1 LS $8,000 $8,000 5 Revegetati()..I'1.___ 1 LS $3,000 $3,000 ROADS 6 3" Asphalt Pavement 234 TON $47 $10,998 7 8" Aggregate Base Course (Class 6) 858 TON $20 $17,160 8 Concrete Sidewalk (4') 2444 SF $10 $24,440 9 Curb and Gutter Type 2 (Section 11M) 1269 LF $20 $25,380 10 Curb Ramp 1 EA $500 $500 11 Signage per MUTCD and COOT Specifications 2 EA $500 $1 ,000 12 Pavement Marking per MUTCD and COOT Specifications 1 LS $250 $250 DRIVEWAYS 13 Asphalt Pavement (Assumed 3" Depth) 431 TON $47 $20,257 14 Aggregate Base Course (Class 6) (Assumed 4" Depth) 560 TON $20 $11,200 15 Concrete Apron 399 SF $15 $5,985 16 Gutter Type 2 (W=3') 545 LF $20 $10,900 STORM DRAINAGE SYSTEMS 17 12" CMP 140.1 LF $14 $1,961 18 18" CMP 125.1 LF $20 $2,502 19 24" CMP 287.9 LF $28 $8,061 20 30" CMP 54 LF $32 $1,728 21 12" FES wi Toewall 2 EA $250 $500 - 24" FES wi Toewall 1 EA $300 $300 22 23 30" FES wi Toewall 1 EA $500 $500 24 Type 13 inlet and grate 4 EA $2,000 $8,000 25 Detention Pond Water Quality Outlet Structure 1 LS $3,000 $3,000 26 Manhole (4') 2 EA $3,000 $6,000 Page 1 Engineers Estimate Po I~ ie prs Peak Civil Engineering, Inc. PLC Job No. 1344 12-5-05 THE _""" ....... AT EDWARDS- SITE I - -_.~ ---. -- -----_.~ PUBLIC IMPROVEMENTS COST ESTIMATE -- - -- ------- Approx. Unit Total --~-~-~~-'~-' Item Description Quantity Unit Cost Cost - -- 27 Riprap D50=9" (Includes bedding) 29 CY $150 $4,350 ~- -.- -~ 28 Grouted Riprap D50=18" (Includes grouting) 60 CY $250 $15,000 -~-- -- SANITARY SEWER SYSTEMS 29 8" PVC SDR 26 Sewer Main 866 LF $32 $27,712 ~- $3,000 --~ 4' Dia. Sewer Manhole 8 EA $24,000 -- Raise Rim of Manhole #0800 1 LS $500 $560 31 ---- 32 4" Sanitary Services Connections (8"x4" Factory Wyes) & 4" Cleanout 11 EA $150 $1,650 33 4" Sanitary Service Line PVC-SDR-35 484 LF $16 $7,744 34 Remove/Dispose or Abandon in place Existing Sewer Mains & Manholes 1 LS $1,500 $1,500 35 ERWSD Testing & Televising 1 LS $500 $500 36 ERWSD As-builts 1 LS $1,000 $1,000 DOMESTIC WATER DISTRIBUTION SYSTEMS ---- 37 8" DIP AWWA C151, CL 52, Pressure Class 350 1919 LF $45 $86,355 38 8" Main-line Gate Valve & Box 13 EA $1,300 $16,900 39 Air ValveNac Manhole 1 EA $3,000 $3,000 40 Fire Hydrant Assemblies 3 EA $2,800 $8,400 41 Connect to Existing Water Mains 1 EA $500 $500 42 1" Service tap and Curb Stop 11 EA $500 $5]00 43 1" Service Line 500 LF $21 $10,500 44 ERWSD Testing 1 LS $500 $500 45 Drain 577 LF of 8" Water Main after Testing 1 LS $500 $500 46 ERWSD As-builts 1 LS $1 ,000 $1 ,000 1--- -- -- !----~ SHALLOW UTILITIES $10 ----~- 47 Electric Main Line (materials furnished by others) 1100 LF $11,000 ----- 48 Shallows Main (3-4" PVC & 1-2" PVC) 1100 LF $17 $18,700 49 Gas Line (Trench & Backfill) 1100 LF $8 $8,800 50 Transformer 3 EA $5,000 $15,060 ---- I---------.__._~ ------ $794,632 SUBTOTAL --- -'--------. Page 2 Engineers Estimate , Peak Gjvll Engineering, Inc. POI~+e P& PLC Job N~2_~~~~ ~n~R5~-~~€tT~I?~6-sfl}~TIMATE -------------- . \ ---+----- .-- -- ------1..- -----..--- ------.. ---...--------- -----.-.- -.------.------.- . ------ --.- ------.,. .----....-.--...,--.... ...........-- Aporox. I UnH I Total b,....._.~..........,.. ...c........ ......,.... .. ~.. .,,-.~ c~."...~..._w.~ A" ~^_,,-.................__..~..._...c.~..._._.~. "~""_'_""""'>"_ ..... _ "__'''_.<-<_' UM..'" ---::-..__._....._;k""._~-~.__._"._t..M._._._.~-,_..-,.-....'.'~'.'M._ It~~1~-=. .. ..- ---~~~SR~~~:~'~~~T~i~~~~$pli~e~~ .QlIanlil~.I!l-~ostt........ ...=~it~~~~ =_j-:._n_ - . -- .n==A~i~~~~~~~~~~~~~~~~g~~~=l_n~nl -~ ......if~~~g] ON-SlTE TOTAL $868,632 _.__u.._. _.___,_ ._._~_,_.__'U'_ ________,_'u _,_~_~.___ ._______"_ _'_'___ ..~~____'_.M_~~__..._,.,_~___ ._ ,__~.___ _u__ ~\\\\\\lllllllltl#i.fll, ~~ r,.pO REG/'% ~ !p:.,,-r... ~>t~ i1 O...~\V'\S AA~. .~. ~ ~O~.'nJ -.,.v". ~~ ;;: -.' V V..i!\" 'A\ ~ ~r'....... \'.::.\;;j;;;. ~ vR,:l\v: ""' ."(" (fJ. - 5 : lXi.56 O.:~ ~fJ.-l! , ...... _. I ... ~. I"" V .- t.(i ~ ~. . ..(* . ... . ..~ ~ l't_c-07.. k/~, "1: ',^".." -; .. ~ ~ ~ '~.."",..::'~0 ~ 1'/'1> 'tONAL t-- ,\\~\;. IIII' . '\\'" '~l!tlllll 11\\\\\\' Page 3 Engineers Estimate A . Peak CivH Engineering, Inc. 0, (-- p~ PLC Job No 1344 ~'1e 12f5/05 ~Z~~~ifR~~i~~tT~D~b~ii~~i'i~ADS) 1-...- ..1.----1 ... !t~mL-pe~~~jQ~~-- . ---'-~-r~~~~i~~lUQI :~-=~g~~=-+~-~~~i- --- ~. ~~OADS __'_'_P~------------~~-=~=----. ---=:l~-:=:::_---!-=:-=: -~--~--=:j-----'-- ---. ~ -.- i~ii!~?a~i1~~ui1~ITS-~~~Cl~Clti()!1-------~.--~-.--~--. ~--l"-~~~1-2}- ----- $ ~~I----------$t~~~ Ii 1 --- ---g- -- . - -------.-----.---- ..-------. --i-------------+----.---- ----------------...--,- ---- ---1~e~~~~~i~ti~~!'O'.- -- . - ---- --- !--------ilt~.~~:~6~t---~~~6~6 I .'_ "'._ .- ._ ._....' _. _.......____. ___'-____..,..___._________. ____]6" AsEh~.lJ;)~vl3.f11.~'!.L..___~__________~____ -~------L!"'-~' TQ.t! _.____J~!l~_ . _~82. ?..fF V'99regate Ba~eCour.se(Class?) .._.______ . __._ _ 658 TON __~?Ol_ $13,~60 _jA~2!~f:lI~I:)Clt~f:1~'\f!{:rDe.Pt/.11._;_----~------..---.--- ____ _1. 9 TQ.t'>J________J~Qt--. _ $720 -1~~&~~~~?J~~JyP:r\~5ft6'!a~dB~ooys.ecirications...-- . __'_1__150~ -t~-----..$2:~5~i -- S~~:6~~ l::::~~~:iW;:L ~........_.-~ ....~u. .... _ I~ _Q2-LFI:__$20!-$=,240 IAsphalt Pavef!lEJfll (Assull1(')d 3" Depth) ... _ J3~? Tg~L_.._$.8~g .._1680 I I .~_l____~,,_.__.~~__..____________~____________..___ _ ____.._...____________. ~._.1.___~___~_.....____...__._ _tB~~~~uf.!}~~-J\~E SYSTE:~S__H__.._ ...... .. -.- ~-=1t-cCS-Jc"..-:$t60+- "~---]700 iRiprap D5O"'6" I 21- CY i $150 $300 ~\\\\\\lIl1l1lliJI"f, -i......--. ....... --- .... ...--.--- .... ---...--~.: ......-.-.---.-----....-----.~-r.. -~-.r~-~--.j~~..~..--~--.- .-..- - . ...- ~~~.~~?::;, .~.--._. ------~------..----._...--..-...-----..--------"......- ---.. SUBT()!J\.Lf---___l__ _ ..,,__~_._____.. $14~,040 I~~(.~CAS ~d'.~~ "--J -.-- ---- --- _. ~-- -- -- -~ -- - -- - 'TRAFFIC CONTRoi:f --- r' ------..... $22,000 ~ 0 [l . 1:,\ 0 ! \...... ... .... . CONSRUCnoN ENGI~E"Rli!G~O~:~~~ ~g~t _ --i-... . ......... . ... ..... . nt~~~ \ ~fI j;3aiJ.!j $} ._~_. ____.____...____99!'{!?~Y(;_T._'_Q}'.J?ygyEyINGf-.-..-J.- ...... T__..__~~~QOO ~;{;j:z. - 5-D ....~it -.---i-.-......-~- .-------------..--..-~~~~~~~~'f1~~~-~~t~~~~g~l. .......~..i-- ~..-_..--t_.....-......- ~.~:~@g ~/",~iONAl.~~# I. _ .m . ....... _ .. .... ... ... ...... .......~. .. . .... - . .... - ..J-.-rOFF-SiTE f~TAd. .;;1 O~~4~ ..."..11'.... This estimate b?~~.Q.()npl~n!>Aat~(jJ1:.:!~:'9~:..____. ..,,_____._H__ t----~i - -- f. -- --. ----1 .--- .....---- I I ' ~~i~~~~ne~IT:~~'~;n~-~~~--.---u ... ...r-=~:I . ..1- t - Page 1 Ell9ineers Estimate sane 5 ma C Landscape: A.rch CIure Site Plann n9 Urban Design The Dluffs Th(. Po/~.{.e 01.+ Glwa.rols Edwards, Colorado f~. Landscape and Irrigation Construction Preliminary Budget/Estimate NOTE: Estimate includes all trees as shown on plan. Estimate does not include additional landscaping/irrigation of individual units (i.e. shrubs, perennials, lawn, mulch etc.). November 3, 2005 Revised December 2, 2005 Earthwork...................................................................................................................... .. .$20,000 . Boulder groupings (tree planting benches on steep slope at entry) . Soil preparation . Fine grading Note: Soil preparation and fine grading associated with landscaping of individual units is not included in this estimate. Plant Materials............. ......... ..................... .......... ........... ....................... ........... ............. ..$30,700 . Trees 22-4' Spruce 11-6' Spruce 11-8' Spruce 65-1-1/2" cal. Aspen 65-2" cal. Aspen Note: Shrubs shown on plan are associated with the landscaping of individual units. Grasses....................................................................................................................... .... .$12,900 . Native revegetation of disturbed areas Note: All lawn areas (sod) shown on plan are associated with the landscaping of individual units. Irrigation..................................................................................................................... ..... .$36,900 . Temporary irrigation of revegetated (native) areas . Drip irrigation of trees Note: All irrigation of lawn areas and plant materials associated with landscaping of individual units is not included in this estimate. P.O. Box 115 Avon, CO 81620 970.949.6490 fax 970.262.2167 mie@sonesmac.com P.O. Box 281 Silvelthorne, CO 80498 970.468.4717 ott@5oneSmac.com Miscellaneous Materials... .......... .............. ................. ............... ..... ..... ....... ............. .... $8, 100 . Mulch (tree wells in native) . Soft trail/overlook (assumes some stone slab stairs along trail where necessary) . Seating boulders at overlook Note: Edging, mulch, and or other landscaping materials associated with landscaping of individual units is not included in this estimate. TOT AL ................................................................. $1 08,600 Note: Preliminary budgeVestimate is based on preliminary landscape submittal documents prepared by Sones Mac, September, 2005. A more detailed and accurate cost estimate may be prepared pending final design. Preliminary budgeVestimate does not include landscaping/irrigation of individual units, rough grading, hardscape, retaining walls or boulders other than identified, site lighting, or irrigation tap fees. - o COLORADO "" BUSINESS BANK IRREVOCABLE STANDBY LETTER OF CREDIT Letter oi'Credit Number: 1253 Expiration Date: June 14,2008 Date: June 16, 2006 Beneficiary Name: Eagle County Address: P.O. Box 850 City, State, Zip Code: Eagle, CO 81631 Applicant Name: Treat Development, Inc. Address: P.O. Box 1829 City, State, Zip Code: Edwards, CO 81632 We hereby issue our lrrevocable Standby Letter of Credit No. t 253 in your favor in the amount of One Million Three Hundred Twenty Two Ihousand Two Hundred Eighty Nine and 001100 U.S. Dollars (USD $1,322,289.00) and expiring at the close of business (3:00 p.m. MOlmtain Time) on June 14,2008 a1 our counters at Colorado Business Bank, Loan Operation!> Department 3rU floor, 821 17th Street, Denver, CO 80202. This let1,~r of credit is available by presentation of your draft at sight, drawn on Colorado Busines~, Bank, accompanied by the original letter of credit and amendment(s), if any. In the evel1 t of a partial draw, this letter of credit is available by presentation of your draft at sight, drawn on Colorado Business Bank and certified copies of the original letter of credit and amendment(s), if any. Special Conditions: . Partial drawings are allowed. . This Letter of Credit shall expire on June 14, 2008 unless extended as provided herein. We hereby agree with you that drafts drawn under and in accordance with the terms of this lette:r of credit will be duly honored upon presentation of drafts(s) and required docwnenr(s) at our office no later than the close of busincss (3:00 p.m. Mountain Time) at 821 17th St., Loan Operations Department 3rd floor, Denver, Colorado 80202, U.S.A. on or before the expiry date of this Letter of Credit. 0056 Edwards Village Blvd., Suite 130. Edward~ Colorado 81632 P.O. Box 2826. Edwards, Colorado 8163:2 Tel; 970.926.6801 . Fax: 970.926.6806 www.cobizbank.com ,.., ....-.-~ Letter of Credit No. 1253 Page 2 Unless olherwise expressly stated, this letter of credit and all negotiations hereunder shall be govemed by and construed in accordance with the International Standby Practices ISP98, as published by the International Chamber of Commerce Publication No. 590, and, to the extent not inconsistent therewith, the laws of the State of Colorado. This letter of credit is not transferable unless Colorado Business Bank agrees 10 the transfer in writing. Please direct any inquiries with regard to this Letter of Credit to Colorado Business Bank, Loan Operations Department, 821 17th Street, Denver, CO 80202 (303)293-2265. Colorado Business Bank, ~~ ,~~ ~ ~- ~. James Thomason Presiden t