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Home My WebLink AboutR20-083 Approval of Phase Two Final Plat for Tree Farm PUD File No. PDF-009092-2020 Eagle County, CO 202018568 DocuSign Envelope ID:AC8F754E-4102-4A03-A4EB-D21E851C43C0 Regina O'Brien 10/15/2020 Pgs: 32 12:08:42 PM REC: $0.00 DOC: $0.00 Scherr Commissioner moved adoption of the following Resolution: BOARD OF EAGLE COUNTY COMMISSIONERS COUNTY OF EAGLE,STATE OF COLORADO RESOLUTION NO.2020-083 APPROVAL OF THE PHASE TWO FINAL PLAT FOR THE TREE FARM PUD Eagle County File No.PDF-009092-2020 WHEREAS, on or about July 14, 2014, the County of Eagle, State of Colorado (hereinafter " County"), accepted for filing applications submitted by Woody Ventures, LLC, for approval of a Preliminary Plan for the Tree Farm Planned Unit Development(the"PUD"),File No.PDP-4986;and WHEREAS,Woody Ventures, LLC requested the approval of a Preliminary Plan for Planned Unit Development for a proposed development consisting of 340 residential dwelling units utilizing up to 379,635 square feet, and up to 134,558 square feet of floor area for commercial and light industrial uses,including retail,restaurant,service,office,civic and recreational uses,on a 42.91-acre site located at 401 Tree Farm Drive,located in unincorporated Eagle County(the"Property");and WHEREAS,at its regular public hearings of March 21, 2017;April 11, 2017; April 24, 2017; June 1, 2017; and June 26, 2017; the Board of County Commissioners of the County of Eagle (the "Board") considered the proposed PUD; associated plans; and the statements and concerns of the Applicant, the Eagle County Community Development and Engineering staff, and other interested persons; and the recommendation of the Roaring Fork Valley Regional Planning Commission; and approved the PUD on September 19,2017 nunc pro tunc June 26,2017; and WHEREAS, at its regular public hearing of May 28,2019,the Board approved the PUD Phase One Final Plat,File No.PDF-9007-2019;and WHEREAS, on or about February 12, 2020, the County accepted for filing an application submitted by Tree Farm RFV,LLC(the"Applicant")for the Phase Two Final Plat(the"Final Plat")for the PUD. The Final Plat allows for development of 31.32 acres of the 42.91 acre PUD and is more particularly described on Exhibit A,attached hereto and incorporated herein;and WHEREAS,in accordance with Eagle County Land Use Regulations (the"ECLUR"),Section 5- 210.E-Notice of Public Hearings,notice of the Final Plat was mailed to all owners of property adjacent to the Property concerning the subject matter of the application and setting forth the dates and times of meetings for consideration of the application by the Board; and notice of Final Plat was posted at the Property setting forth the dates and times of meetings for consideration of the application by the Board; and pursuant to the ECLUR, notice in newspaper is not required for Final Plat applications; and WHEREAS, at its public hearings held on July 14, 2020 and July 21, 2020, the Board considered the Final Plat,associated plans,the statements and concerns of the Applicant,the Eagle 1 DocuSign Envelope ID:AC8F754E-4102-4A03-A4EB-D21E851C43C0 County Community Development Department,Engineering staff,other interested persons. NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of the County of Eagle,State of Colorado: THAT,based on the evidence,testimony,exhibits,and study of the Comprehensive Plan for the unincorporated areas of Eagle County,comments of the Eagle County Department of Community Development, comments of public officials and agencies,and comments from all interested parties, the Board finds as follows: THAT, proper public notice was provided as required by law for the hearing before the Board;and THAT,this Final Plat DOES conform with the requirements and standards set forth in ECLUR, Section 5- 280.B.5. Final Plat for Subdivision or Final Plat for PUD and ECLUR, Section 5- 280.3.B.e. Standards for Subdivision, and Section 5-280.B.1.c -Conformance with Preliminary Plan Approval as set forth below: 1. Conformance with Preliminary Plan Approval. Pursuant to Section 5-280.B.1.c,the Final Plat is in conformance with the 13 conditions of the PUD approval, resolution R17-064,and the approved PUD Guide.The Final Plat meets the conditions of the PUD approval requiring certain agreements with RFTA, MVMD, CDOT, and Eagle County for improvements to infrastructure and services. Along with supplemental documentation provided by the Applicant,the Final Plat includes plat notes 1, 2,4,9, and 11 to address the 13 conditions. 2. Conformance with the Comprehensive Plan. Pursuant to Section 5-280.B.3.e.1, the Final Plat is in substantial conformance with the Eagle County Comprehensive Plan, small area plans,and other adopted documents.The PUD was reviewed for conformance with the 2005 Eagle County Comprehensive Plan, the Mid-Valley Area Community Plan, and the Eagle County Housing Guidelines and the Board found the PUD to be in substantial conformance with the Comprehensive Plan.The Final Plat is not deviating from what was approved in the PUD and therefore in conformance with the Comprehensive Plan. 3. Consistent with Land Use Regulations. Pursuant to Section 5-280.B.3.e.2, the proposed subdivision complies with all of the standards of this Section and all other provisions of the ECLUR, including, but not limited to, the applicable standards of Article 3, Zone Districts Standards,and Article 4,Site Development Standards.The PUD was reviewed for consistency with the land use regulations,specifically uses, dimensional limitations, parking, landscape and illumination, and site development standards and the Board found the PUD to be consistent with the ECLURs. The land uses identified on the Final Plat are consistent with what was approved with the PUD.Variations from applicable dimensional limitations and site improvement standards were approved with the PUD as outlined in Resolution R17-064.The Final Plat is consistent with the PUDand the Tree Farm PUD Guide which holds the applicable the zone district standards for the Final Plat as approved by the Board. The Applicant has entered into an Off-Site Subdivision Improvements Agreement (the "SIA") to address the requirements of Article 4, Site Development Standards. The signed and executed SIA is 2 DocuSign Envelope ID:AC8F754E-4102-4A03-A4EB-D21E851C43C0 included as Exhibit B. Furthermore,plat notes 1,8, 9, 10,and 11 are included on the plat to address requirements related to this standard. 4. Spatial Pattern Shall Be Efficient. Pursuant to Section 5-280.B.3.e.3, the proposed subdivision will not cause inefficiencies in the delivery of public services, or require duplication or premature extension of public facilities, or result in a "leapfrog" pattern of development.The PUD is an infill site located along the Hwy 82 corridor in the El Jebel area, and at the time of the PUD approval the spatial pattern was assessed and confirmed to adhere to requirements.The Final Plat is for the subdivision of land and the construction of utilities and infrastructure per the PUD and the SIA. No deviations to the approved utility and infrastructure plans have been requested with the Final Plat. Plat notes 2, 4, and 9 are included on the plat to address requirements and conditions of approval related to this standard. 5. Suitability for Development.Pursuant to Section 5-280.B.3.e.4,the proposed subdivision is suitable for development,considering the topography,environmental resources and natural or man-made hazards that may affect the potential development of the property,and existing and probable future public improvements to the area.The suitability for development of the PUD was assessed and evaluated conformance with ECLUR Article 3 and for natural resource protection and man-made hazards through the review of technical reports provided by the applicant and information provided by applicable referral agenci(Ohcluding CDOT,Town of Basalt, Mid Valley Metro District, and Colorado Geological Suiy.eyprobable future public improvements were evaluated at the time of PUD approval for 40quate facilities. The Final Plat is not deviating from approvals and conditions of the PUD:Plat hotes 2,4,9, 11 is included to ensure the development avoids identified hazards and environmental resources. 6. Compatible with Surrounding Uses. Pursuant to Section 5-280.B.3.e.5, the proposed subdivision is generally compatible with the existing and currently permissible future uses of adjacent land, and other substantially impacted land, services, or infrastructure improvements. The PUD was deemed compatible with similar mixed residential and commercial uses along Highway 82. By reason of this, the Final Plat was analyzed for consistency and conformance with the PUD.As it relates to compatibility with surrounding services and infrastructure improvements,the Final Plat is in conformance with the PUD with the inclusion of plat notes 1, 2 , 4, 9, 11 which meet conditions 2-8, 12, and 13 of the PUD requiring certain agreements with RFTA,MVMD,CDOT,and Eagle County for improvements to infrastructure and services. 7. Adequate Facilities.Pursuant to Section 5-280.B.3.e.6,the Applicant demonstrated that the PUD would be provided adequate facilities for potable water supply, sewage disposal, solid waste disposal, electrical supply, fire protection and roads and will be conveniently located in relation to schools,police and fire protection,and emergency medical services.As such,the PUD was approved by the Board with conditions 2-8,12,and 13 related to adequate facilities. The Final Plat is consistent with the PUD and no deviations from the approved PUD have been requested.As mentioned above,the inclusion of plat notes 1, 2,4,9,and 11 on the Final Plat meets the conditions of the PUD approval requiring certain agreements with RFTA, MVMD, CDOT,and Eagle County for improvements to infrastructure and services. 3 DocuSign Envelope ID:AC8F754E-4102-4A03-A4EB-D21E851C43C0 THAT, pursuant to ECLUR, Section 5- 280.5B.1.c the Final Plat DOES conform with ALL conditions of approval associated with the approved PUD Eagle County File No.PDP-4986;and THAT, a Subdivision Improvements Agreement IS required and said Agreement has been executed by the Applicant for this file and can be found in the records of the Eagle County Clerk and Recorder as Reception No.202011657 attached as"Exhibit B";and THAT,the application for the Final Plat be and is hereby APPROVED;and THAT,the Board directs the Department of Community Development to provide a copy of this Resolution to the Applicant;and THAT,the Board hereby finds,determines and declares that this Resolution is necessary for the health,safety,and welfare of the citizens of Eagle County. MOVED, READ AND ADOPTED Of the Board of County Commissioners of the County of Eagle, State of Colorado, on this .131 day of October 2020, nunc pro tunc July 21, 2020. EAGIECOUNTY OF EAGLE,STATE OF o °sCOLORADO,By and Through Its BOARD OF COUNTY COMMISSIONERS ATTEST: DoeuSignetl 0 ,--DocuSigned by: £ORP OA, By: 6gui CLUAllit-r—thAttini 81 FF 844 Clerk to t' - 1 6896440 Kathy t�i6anarer-°I'-Ienry Chair r—DocuSigned by: J JeahnfakQueeilley Commissioner E ADooc1uuSigene'' 1� dby.: ^ matrstEmpa.... Commissioner McQueeney Commissioner seconded adoption of the foregoing resolution. The roll having been called,the vote was as follows: Commissioner Chandler-Henry Aye Commissioner McQueeney Aye Commissioner Scherr Aye This resolution passed by 3/0 vote of the Board of County Commissioners of the County of Eagle,State of Colorado 4 DocuSign Envelope ID:AC8F754E-4102-4A03-A4EB-D21E851C43C0 • EXHIBIT A COMMENCING AT THE SOUTHWEST CORNER OF SECTION 35;THENCE S32°34'30"E A DISTANCE OF 2470.89 FEET TO THE POINT OF BEGINNING;THENCE S42°30'00"E A DISTANCE OF 890.99 FEET;THENCE S68°32'28"E A DISTANCE OF 254.69 FEET;THENCE S42°30'00"E A DISTANCE OF 209.26 FEET TO A POINT ON THE WESTERLY BOUNDARY OF THE AMENDED PLAT OF LAURA J. ESTATES AS RECORDED IN BOOK 264 ON PAGE 119 IN THE OFFICE OF THE CLERK AND RECORDER OF THE COUNTY OF EAGLE,STATE OF COLORADO;THENCE ALONG SAID WESTERLY BOUNDARY OF LAURA J.ESTATES THE FOLLOWING TWELVE (12) COURSES: 1)S11°09'07"E A DISTANCE OF 60.86 FEET; 2) S17°15'53"W A DISTANCE OF 79.16 FEET; 3) S28°12'53"W A DISTANCE OF 90.82 FEET;4)S82°15'53"W A DISTANCE OF 162.69 FEET;5) S60°06'53"W A DISTANCE OF 135.86 FEET; 6) S05°49'07"E A DISTANCE OF 36.83 FEET; 7) S24°04'53"W A DISTANCE OF 96.33 FEET;8) S33°15'53"W A DISTANCE OF 80.60 FEET; 9) S35°03'53"W A DISTANCE OF 104.58 FEET; 10) S09°40'53"W A DISTANCE OF 41.48 FEET; 11)S06°46'07"E A DISTANCE OF 134.08 FEET; 12) S35°57'53"W A DISTANCE OF 54.31 FEET TO A POINT ON THE EASTERLY LINE OF COLORADO STATE HIGHWAY NO.82;THENCE LEAVING SAID WESTERLY BOUNDARY OF AMENDED PLAT OF LAURA J.ESTATES,ALONG THE EASTERLY LINE OF SAID COLORADO STATE HIGHWAY NO.82 THE FOLLOWING SEVEN (7) COURSES: 1) NO2°35'48"E A DISTANCE OF 62.12 FEET; 2) N57°57'19"W A DISTANCE OF 224.17 FEET;3) N26°10'11"W A DISTANCE OF 260.72 FEET;4)ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 2969.79 FEET AND A CENTRAL ANGLE OF 13°49'34",A DISTANCE OF 716.64 FEET, (CHORD BEARS N31°11'14"W A DISTANCE OF 714.90 FEET) 5) N39°29'38"W A DISTANCE OF 213.84 FEET;6) N43°04'19"W A DISTANCE OF 399.20 FEET; N40°12'01"W A DISTANCE OF 133.06 FEET;THENCE LEAVING SAID COLORADO STATE HIGHWAY NO.82 NO2°30'00"E A DISTANCE OF 68.81 FEET; THENCE N47°30'00"E A DISTANCE OF 271.09 FEET;THENCE N42°30'00"W A DISTANCE OF 124.31 FEET;THENCE 115.47 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 145.00 FEET AND A CENTRAL ANGLE OF 45°37'34"THE CHORD OF WHICH BEARS N65°18'47"W A DISTANCE OF 112.44 FEET;THENCE 634.00 FEET ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 161.00 FEET AND A CENTRAL ANGLE OF 225°37'34"THE CHORD OF WHICH BEARS N24°41'13"E A DISTANCE OF 296.81 FEET;THENCE S42°30'00"E A DISTANCE OF 314.73 FEET;THENCE N47°30'00"E A DISTANCE OF 35.00 FEET;THENCE S42°30'00"E A DISTANCE OF 450.00 FEET TO THE POINT OF BEGINNING. 6 DocuSign Envelope ID:AC8F754E-4102-4A03-A4EB-D21E851C43C0 EXHIBIT B SUBDIVISION AND OFF-SITE IMPROVEMENTS AGREEMENT FINAL PLAT FOR THE TREE FARM—PHASE TWO File No. PDF-9092 THIS SUBDIVISION AND OFF-SITE IMPROVEMENTS AGREEMENT ("Agreement") made and entered into as of 7/21/2020 , by and between Tree Farm RFV, LLC, a Colorado limited liability company hereinafter "Subdivider") and the Board of County Commissioners of the County of Eagle, State of Colorado (hereinafter"County"). WITNESSETH WHEREAS, the Subdivider, as a condition of approval of the Final Plat of The Tree Farm — Phase Two (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 as referenced in the attached Exhibit A hereinafter described ("Subdivision Improvements"); certain landscaping improvements as referenced in the attached Exhibit B ("Landscape 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 roads as set forth in this Agreement; and WHEREAS, as a further condition of approval of the final plat of this Subdivision, the Subdivider is obligated to provide security and collateral sufficient in the judgment of the County to make reasonable provision for completion of the Subdivision Improvements and the {A0150067--7} I DocuSign Envelope ID:AC8F754E-4102-4A03-A4EB-D21E851C43C0 Landscape Improvements, which include certain off-site road improvements, described 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 for The Tree Farm - Phase Two dated March 4, 2020, designs, maps, specifications, sketches, cost estimates and other materials submitted by the Subdivider prior to or at final plat approval and accepted by the County. Such Subdivision Improvements shall include roads, utilities and other similar public improvements as set forth in Exhibit A. 1.2 Scope of Work. The Subdivider hereby agrees, at its sole cost and expense, to furnish all necessary equipment and materials, and to complete all Subdivision Improvements as referenced in the attached Exhibit A, and Landscape Improvements as referenced in the attached Exhibit B, 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 and easements. 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 2018 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 {A0150067-7} 2 DocuSign Envelope ID:AC8F754E-4102-4A03-A4EB-D21E851C43C0 -points of curvature -points of tangency -fillet radius points -culverts -transition points for super-elevation -finished sub-grade -finished gravel b. Water, Sewer, and Other Utilities - horizontal and vertical control every 100 feet, or every 50 feet in critical areas. 1.3.2 Testing. Where applicable and by way of example only, the following is a highlighting of the acceptance testing that will be required of the Subdivider: a. Utility and drainage culvert trench backfill under roadway 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-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 its Engineer shall notify the Eagle County Engineer for the purpose of arranging an on-site inspection no less than forty-eight (48) hours in advance of the following stages of road construction: 1) Finished subgrade 2) Finished Aggregate Base Course 3) Asphalt Placement. 4) Concrete - Curb and Gutter, Sidewalks and Bikepaths {A0150067--7} 3 DocuSign Envelope ID:AC8F754E-4102-4A03-A4EB-D21E851C43C0 The County Engineer shall make an on-site visit within the forty-eight (48) hours notification period for the purpose of observing proof rolls on items 1) and 2) above and for general observation of construction methods being employed at these stages. Said on-site inspection by the Eagle County Engineer shall in no way abrogate the duties of the Subdivider outlined elsewhere in this Agreement. The Subdivider shall provide the proof rolling by arranging for a loaded single unit truck carrying 18,000 pounds per rear axle. 1.3.4 Witnessing of Water and Sewer Laterals. It is essential that the ends of these laterals be witnessed by the Subdivider's engineer to a minimum of three divergent points and a permanent record made of the same. Copies of these records are required to be furnished to the Eagle County Engineer prior to acceptance of the Subdivision Improvements by the County. In addition to witnessing of the horizontal location of these laterals, a vertical witness shall be required. Horizontal witnessing shall be to property corners, fire hydrants, manholes, and other "permanent" features. Vertical witnessing shall be based on depth below ground and elevation based on a datum used for the subdivision. Bench marks shall be shown on witness records. 1.3.5 Test Reports. All test reports shall be consecutively numbered, with copies furnished directly to the Eagle County Engineer from the laboratory as they are reported to the Subdivider or its engineer. 1.3.6 As-Built Record Drawings of Subdivision Improvements. As-Built, record drawings, sealed, signed and dated by a Registered Professional Engineer showing the as- constructed horizontal and vertical locations of Subdivision Improvements shall be submitted to the Eagle County Engineer prior to completion of the two year warranty period and the final release of Subdivision Improvements Collateral (as defined below) by the County. This shall include as-built drawings in an electronic form 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.R.S., and Chapter II, Section 5-280.5.a (1)(a) of the 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 on or before January 24, 2022. The construction schedule is attached as Exhibit C. {A0150067--7} 4 DocuSign Envelope ID:AC8F754E-4102-4A03-A4EB-D21E851C43C0 1.6 Approval and Acceptance of Work. 1.6.1 Copies of all test results corresponding to work which is being inspected and any other information which may be necessary to establish the satisfactory completion of the work for which inspection is requested must be submitted prior to said inspection. All such information shall be accompanied by a letter from the Subdivider's engineer verifying the satisfactory completion of the work performed to date. 1.6.2 Notwithstanding Section 1.3.3 above, promptly after receiving a request for inspection and the required documentation, the County Engineer shall review the information presented and, if necessary, make an on-site inspection of the work completed. 1.6.3 All said work shall be done to the reasonable satisfaction of the County Engineer and/or the County Department of Community Development, and shall not be deemed complete until approved and accepted as complete by the County. 1.7 Estimated Costs of Subdivision Improvements. The estimated cost of the Subdivision Improvements is the sum of$6,271,446.26, as set forth on Exhibit A. To secure and guarantee performance of its obligations as set forth in this Section 1, including the completion of the required Subdivision Improvements, the Subdivider hereby agrees to provide security and collateral for the Subdivision Improvements in the form and as set forth in Section 2, below. 1.8 Traffic Control Plan. Subdivider agrees to submit a traffic control plan to be approved by the Eagle County Engineering Department prior to any work commencing. 1.9 Landscape Plan. Subdivider has submitted a landscape plan to the County Department of Community Development which complies with the Land Use Regulations, Section 4-240, Installation and Maintenance Requirements. The Subdivider agrees to abide by the landscape plan approved by the County Department of Community Development (the "Landscape Plan"). The total estimated cost of the Landscape Improvements is the sum of $598,823.32, as set forth on Exhibit B, with $143,518.15 being for site furnishings and amenities and the balance being for soil and amendments, irrigation, trees, shrubs, perennials and ground covers. To secure and guarantee performance of its obligations to install the Landscape Improvements as set forth in this Section 1.9, including the completion of the required Landscape Plan, the Subdivider hereby agrees to provide security and collateral for the Landscape Improvements in the form and as set forth in Section 2, below. 1.10. Maintenance of Subdivision and Landscape Improvements. The Subdivider, property owner and/or future homeowners association shall be responsible for the maintenance, repair and replacement of the Subdivision Improvements and the Landscape Improvements, with the exception of any Subdivision Improvements and/or Landscape Improvements for the which the maintenance, repair and replacement is performed by a metropolitan district. {A0150067--7} 5 DocuSign Envelope ID:AC8F754E-4102-4A03-A4EB-D21E851C43C0 1.11 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. 2. SECURITY and COLLATERAL 2.1 Subdivision Improvements Collateral. The security and collateral for the Subdivision Improvements required in Section 1.7 as security for the performance by Subdivider of its obligations under this Agreement, shall be in the amount of $6,271,446.26 (the "Subdivision Improvements Collateral"). Prior to the issuance of any grading or building permits for or commencement of construction of any of the Subdivision Improvements, the Subdivider will provide the County with the Subdivision Improvements Collateral in the form of an irrevocable Letter of Credit, in form and substance acceptable to the County Attorney. 2.2 Partial Release of Subdivision Improvements Collateral. Subdivider may apply to the County for the release of portions of the Subdivision Improvements 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 Subdivision Improvements Collateral/Warranty. Within thirty (30) days after Subdivider has installed all of the required Subdivision Improvements and the work has been approved and accepted by the County, the entire remaining amount of the Subdivision Improvements Collateral, less an amount equal to ten percent (10%) of the original Subdivision Improvements Collateral, shall be released. Subdivider shall be responsible for the condition of the Subdivision Improvements for a period of two years after completion; this shall be guaranteed either through the retention of 10% of the total Subdivision Improvements Collateral, as set forth in this Section 2.3, or Subdivider may provide a substitute form of Subdivision Improvements Collateral as set forth in Section 2.4 below. 2.3.1 The Mid Valley Metropolitan District("MVMD"). MVMD's infrastructure, water, sewer, forcemain and lift station, shall be constructed according to MVMD's requirements and Rules and Regulations. The Subdivider agrees that the water and sewer improvements that it is required to construct and dedicate to MVMD shall be completed by it and dedicated to and accepted by MVMD prior to the final release of the applicable security under this Agreement. 2.4 Substitution of Subdivision Improvements Collateral. The Subdivider may at any time substitute the Subdivision Improvements Collateral originally deposited with the County herein, for another form of collateral acceptable to the County Attorney, 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 {A0150067--7) 6 DocuSign Envelope ID:AC8F754E-4102-4A03-A4EB-D21E851C43C0 adjusted estimated cost for all Subdivision Improvements as described herein, and collateral shall be submitted by the Subdivider in accordance therewith. 2.5 Draws. Draws against the Subdivision Improvements Collateral shall only be made as directed by written Resolution of the County, stating that there has been an Event of Default (defined below) under this Agreement and that a sum certain is required to remedy the default. Any amount drawn on the Subdivision Improvements 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 Subdivision Improvements Collateral an amount sufficient to complete said work and compensate the County for its reasonable costs and expenses related to said draw. 2.6.2 If the original Collateral presented to the County(or any extension thereof) is due to expire and the work is not yet completed, and Subdivider has not provided substitute collateral or the bank's written extension to the original collateral (as it may have been previously extended), the County shall draw on the Collateral according to the provisions set forth in this Section 2. It is Subdivider's responsibility, with or without notice, to ensure that the Collateral is extended, or that substitute collateral is provided in a form acceptable to the County, at least ten days prior to its expiration. If Collateral is neither extended nor substitute collateral provided, in a form acceptable to the County Attorney, at least ten days prior to its expiration, the developer shall pay the County an additional $500 (Five hundred dollars) for the additional administrative work required because of the failure to extend or substitute Collateral in a timely manner as required by this Agreement. 2.6.3 If the Subdivision Improvements 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 Subdivision Improvements Collateral, or Landscape Plan Collateral (defined below), or in accomplishing an extension of its expiration. 2.8 Landscape Plan Collateral. 2.8.1 Prior to the County's issuance of any development permit for the Subdivision, Subdivider agrees to provide the County the "Landscape Plan Collateral" in the form and substance acceptable to the County Attorney, in the form of an irrevocable Letter of Credit to ensure the Landscape Improvements will be installed according to the approved {A0150067--7} 7 DocuSign Envelope ID:AC8 F754 E-4102-4A03-A4EB-D21 E851C43C0 Landscape Plan. Subdivider agrees to provide the Landscape Plan Collateral for no less than: (a) one hundred percent(100%) of the estimated cost of those Landscape Improvements that are site furnishing and amenities; and (b) one hundred and twenty-five percent (125%) of the estimated cost of the other Landscape Improvements listed in the approved Landscape Plan (the "Planting Collateral Portion"), based on the cost estimate provided by the Subdivider and approved by the County, as set forth in Exhibit B and Section 2.1, above. The Landscape Plan Collateral shall be in the amount of$712,649.62 as further detailed on Exhibit B. 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 from the Landscape Plan Collateral of the agreed estimated cost for that portion of the Landscape Improvements, except that ten percent (10%) shall be withheld until all proposed Landscape Improvements are completed and approved, and an additional twenty-five percent (25%) shall be retained until the Landscape Improvements have been maintained in a satisfactory condition for two (2) years. Such twenty-five percent (25%) retainage shall apply only to that portion of the Planting Collateral Portion of the total Landscape Plan Collateral. 2.8.3 Following installation of the required Landscape Improvements, the Subdivider shall certify the landscaping has been installed in conformance with the approved Landscape Plan. Ten percent(10%)of the Landscape Plan Collateral shall be released within ten (10) working days following receipt of the certification and inspection by the County. Twenty- five percent (25%) of the Planting Collateral Portion of the Landscape Collateral shall be released within ten (10) working days following receipt of certification and inspection by the County that the Landscape Improvements have been maintained in a satisfactory condition for two (2) years. 2.8.4 In the event the Landscape Improvements contained in the cost estimate approved by the County are not installed or are installed in a manner that does not conform with the approved Landscape Plan, the County may draw on the Landscape Plan Collateral in the same manner provided in Section 2.5 and 2.6 to bring the Landscape Improvements into conformance with the approved Landscape Plan. 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 by or on behalf of Subdivider 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$350,000 per individual 1A0150067-71 8 DocuSign Envelope ID:AC8F754E-4102-4A03-A4EB-D21 E851 C43C0 and $999,000 per occurrence, naming the County as an additionally named insured. The Subdivider, if it serves as the contractor for the Subdivision Improvements, shall provide insurance in the same form and amounts as required of the general contractor. Said limits shall be adjusted to comply with any changed limits in the Colorado Governmental Immunity Act, Title 24, Article 10, Colorado Revised Statutes. 3.3 County Incurs No Liability. The County shall not, nor shall any officer or employee thereof, be liable or responsible for any accident, loss or damage happening or occurring to the Subdivision and/or Subdivision Improvements specified in this Agreement prior to the completion and acceptance of the same; nor shall the County, nor any officer or employee thereof, be liable for any persons or property injured or damaged by reasons of the nature of said work on the Subdivision Improvements, but all of said liabilities shall be and are hereby assumed by the Subdivider. The Subdivider hereby agrees to indemnify and hold harmless the County and any of its officers, agents and employees against any losses, claims, damages or liabilities for which the County or any of its officers, agents, or employees may become subject to, insofar as any such losses, claims, damages or liabilities (or actions in respect thereof) arise out of or are based upon any performance or nonperformance 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. This indemnification shall not apply to claims by third parties against the County to the extent that the County is liable to such third party for such claims without regard to the involvement of the Subdivider. Nothing in this Agreement shall constitute a waiver by the County of its governmental immunity under State or Federal common law or statute. 3.4 Governmental Immunity. County is relying on and do not waive or intend to waive by any provision of this Agreement, the monetary limitations or any other rights, immunities, defenses and protections provided by the Colorado Governmental Immunity Act, C.R.S. § 24-10- 101 et seq., as amended from time to time, or otherwise available to County or its officers or employees. 4. GENERAL PROVISIONS. The following shall apply to all Subdivision Improvements, Landscape Improvements, and 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. {A0150067--7; 9 DocuSign Envelope ID:AC8F754E-4102-4A03-A4EB-D21E851C43C0 4.2 Subdivision Improvement Agreement Controls. In the event of any inconsistency or incongruity between the provisions of this Agreement and the Land Use Regulations, the provisions of this Agreement shall in all respects govern and control. 4.3 Warranties and Guarantees. There shall be a two-year correction period, or such longer period as 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 the Subdivision, subject to the terms and conditions of this Agreement. 4.4.1 Final Plat Amendments. Where field changes or other circumstances have caused the road, utilities, or other Subdivision Improvements to be constructed in locations different from those shown on the approved plans, the locations of rights-of-way, easements, lot lines, building envelopes, setback lines, or other attributes shown on the Final Plat shall be amended as necessary to comply with Final Plat requirements of the Land Use Regulations 4.5 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. 4.6 Assignability. This Agreement shall be enforceable against the Subdivider, provided, however, that in the event the Subdivider sells, transfers or assigns all or part of the subject 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. 4.7 Binding upon Successors. This Agreement shall inure to the benefit of and be binding upon the parties hereto, their respective successors, and assigns. 4.8 Sole Responsibility of Subdivider Prior to County Acceptance. It is further agreed and understood that at all times prior to the completion and acceptance of the off-site Subdivision Improvements set forth herein by the County, each of said improvements not accepted as complete shall be under the sole responsibility and charge of the Subdivider. When {A0150067-7} 10 DocuSign Envelope ID:AC8F754E-4102-4A03-A4EB-D21E851C43C0 it is necessary to allow the general public to utilize the roadways under construction by the Subdivider, traffic control and warning devices shall be placed upon such roadways by the Subdivider in accordance with the Manual on Uniform Traffic Control Devices for Streets and Highways as prepared by the U.S. Department of Transportation, Federal Highway Administration. 4.9 No Rights to Third Parties. This Agreement does not and shall not be deemed to confer upon or grant to any third party any right to claim damages or to bring any lawsuit, action or other proceedings against either the County or its officers, employees or agents because of any breach hereof or because of any terms, covenants, agreements or conditions contained herein. 4.10 Notice. Notice required pursuant to the terms of this Agreement shall be deemed given on the day that the same is placed in the United States Mails, postage prepaid, certified or registered mail, return receipt requested. 4.11 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 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 fees. IN WITNESS WHEREOF, the parties hereto have executed this Agreement this 7/21/2020 COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its ATTEST: BOARD OF COUNTY COMMISSIONERS —DocuSigned by: DocuSigned by: rtlitAA. 61i15YitIA, By: 114,4 S'Atti1r Cle infit 13152rd of Ka''k ( r4-lenry, Chair County Commissioners Address for giving notice: P.O. Box 850 Eagle, CO 81631 (970) 328-8685 {A0150067-7} 1 1 DocuSign Envelope ID:AC8F754E-4102-4A03-A4EB-D21E851C43C0 SUBDIVIDER: TREE FARM RFV, LLC,a Colorado limited liability company By: Woody Ventures, LLC, a Colorado limited liability company,its Manager By: -- k--'-- Name:)-(2_ La-K Title: G Address for giving notice: Tree Farm RFV, LLC Attn: David Mans 401 Tree Farm Drive Carbondale, CO 81623 STATE OF COLORADO ) ) SS County of uo.f ) The foregoing was acknowledged before me this day of , 2020, by ' . La v , as 4j to oof Woody Ventures, LLC, a C rado limited Tree liability company, as the Manager o Farm RFV, LLC,a Colorado limited liability company. WITNESS my hand and official seal. My commission expires -c).0,30 . LISA NIESLANIK .� 714j CLLt. NOTARY PUBLIC No 'Pub]. c STATE OF COLORADO NOTARY ID#20164032922 My Commission Expires August 26,2020 • (A0150067--7) 12 DocuSign Envelope ID:AC8F754E-4102-4A03-A4EB-D21E851C43C0 EXHIBIT A OPINION OF PROBABLE COSTS FOR SUBDIVISION IMPROVEMENTS [see attached pages] ;A0150067-7} DocuSign Envelope ID:AC8F754E-4102-4A03-A4EB-D21E851C43C0Ly‘HIBIT A Engineering Opinion of Probable Cost The Tree Farm Phase II By: Daniel Stewart, PE Date: May 12th, 2020 Roaring Fork Engineering ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE AMOUNT 10 CLEARING AND GRUBBING 1 LS 12846.23 $12,846.23 20 REMOVAL OF STRUCTURE (SPECIAL)(RFTA EGGS) 2 EA 952.7 $1,905.40 30 REMOVAL OF STRUCTURE(SPECIAL)(WEIR) 1 EA 1046.77 $1,046.77 40 REMOVAL OF MANHOLE (STORM) 2 EA 1516.41 $3,032.82 50 REMOVAL OF PIPE(SPECIAL) (CULVERT) 22 LF 89.61 $1,971.42 60 REMOVAL OF WALL(UNDERPASS) 120 LF 79.71 $9,565.20 70 REMOVAL OF CONCRETE PAVEMENT 217.22 SY 55.89 $12,140.43 80 REMOVAL OF ASPHALT MAT 562 SY' 13.23 $7,435.26 90 REMOVAL OF ASPHALT MAT(PLANING)(2 INCH) 20 SY 69.59 $1,391.80 100 REMOVAL OF LIGHT STANDARD 2 EA 763.74 $1,527.48 110 REMOVAL OF GROUND SIGN 4 EA 277.69 $1,110.76 120 REMOVAL OF FENCE 3497 LF 2.85 $9,966.45 130 SAWING CONCRETE(8 INCH) 34 LF 12.75 $433.50 140 SAWING ASPHALT MATERIAL(2 INCH) 89 LF 5.74 $510.86 150 SAWING ASPHALT MATERIAL(6 INCH) 89 LF 8.6 $765.40 160 UNCLASSIFIED EXCAVATION (COMPLETE IN PLACE) 26500 CY 8.5 $225,250.00 162 STOCKPILE TOPSOIL 3500 CY 9.2 $32,200.00 170 TRENCH (SPECIAL) (GAS TRENCH) 1847 LF 23.21 $42,868.87 180 EMBANKMENT MATERIAL(COMPLETE IN PLACE) 9200 CY 13 $119,600.00 190 SCREEN STOCKPILED TOPSOIL 3500 CY 10.87 $38,045.00 200 EROSION CONTROL 3954 LF 11.31 $44,719.74 250 CRUSHING AND SCREENING ABC CLASS 6 9600 TON 15.82 $151,872.00 255 ABC CLASS 6 HARDSCAPE PREP 5537 TON 37.44 $207,305.28 257 CLASS 6 SHOULDER 1 LS 37777.77 $37,777.77 260 HOT MIX ASPHALT(GRADING SX) (75)(PG 58-28)3" 926 TON 137.04 $126,899.04 270 HOT MIX ASPHALT(GRADING SX)(75) (PG 58-28)5" 1730 TON 129.7 $224,381.00 280 CONCRETE PAVEMENT(4 INCH) 5313 SY 63.75 $338,703.75 290 CONCRETE PAVEMENT(6 INCH) 665 SY 81.25 $54,031.25 CONCRETE PAVEMENT(8 INCH)(SPECIAL) (COLOR 300 CROSSWALK) 290 SY 207.5 $60,175.00 310 CONCRETE PAVEMENT(6 INCH) (DECORATIVE)(COLOR) 196 SY 177.5 $34,790.00 320 CONCRETE PAVEMENT(6 INCH)(RIENFORCED) 245 SY 238.75 $58,493.75 322 CONCRETE FLOWER SECTION 196 SY 177.5 $34,790.00 330 GEOTEXTILE (SEPARATOR) (CLASS 2) 700 SY 4.38 $3,066.00 340 RETAINING WALL(REDI ROCK WALL) 5476 SF 89.64 $490,868.64 350 RETAINING WALL(SPECIAL) ( MAGIC BLOCK) 772 SF 149.53 $115,437.16 360 RETAINING WALL(BOULDER) 3350 SF 43.02 $144,117.00 370 RIPRAP(6 INCH) 35 CY 175.5 $6,142.50 380 HAND RAIL 290 LF 147.41 $42,748.90 400 4" C900 RAW WATER 2300 LF 33.06 $76,038.00 410 4"SDR 35 STORM 150 LF 41.44 $6,216.00 420 4"SCH 40 SLEEVES 2 PIPES PER TRENCH 3000 LF 41.26 $123,780.00 430 6"C900 FORCE MAIN SEWER 805 LF 86.47 $69,608.35 440 6"ADS N12 STORM 380.00 LF 380 LF 48.08 $18,270.40 450 18"ADS STORM (ADS N12) 306 LF 82.25 $25,168.50 DocuSign Envelope ID:AC8F754E-4102-4A03-A4EB-D21E851C43C0 Engineering Opinion of Probable Cost The Tree Farm Phase II By: Daniel Stewart, PE Date: May 12th, 2020 Roaring Fork Engineering 460 8"SEWER PIPE(SDR 35) 1309 LF 115.06 $150,613.54 470 INLET SPECIAL(5 FOOT)(8 INCH NYLOPLAST INLET) 27 EA 892.75 $24,104.25 480 INLET SPECIAL(TRENCH DRAIN)(4 INCH WIDTH) 24 LF 445.51 $10,692.24 490 OUTLET STRUCTURE (SPECIAL) (WEIR) 1 EA 16875 $16,875.00 500 STORM DRAIN DRYWELLS W/30 COMBO INLETS 31 EA 7476.78 $231,780.18 510 STORM DRAIN MANHOLES 2 EA 8152.86 $16,305.72 520 SANITARY SEWER MANHOLES 8 EA 9465.23 $75,721.84 530 6"SEWER SERVICES 4.00 EACH 4 EA 4889.96 $19,559.84 550 FENCE WOOD 96 LF 43.97 $4,221.12 560 GUARDRAIL(SPECIAL)(PEDESTRIAN) 1 LS 25000 $25,000.00 570 CONCRETE CURB RAMP 9 EA 1500 $13,500.00 580 DETECTABLE WARNINGS 149 SF 62.5 $9,312.50 590 CURB AND GUTTER TYPE 2 (SPECAIL)(SECTION 1.5 I-B) 2750 LF 36.25 $99,687.50 600 CURB AND GUTTER TYPE 2 (SECTION I-B)(1 FOOT SPILL) 503 LF 47.5 $23,892.50 610 GUTTER TYPE 2 (3 FOOT) 465 LF 50 $23,250.00 520 CURB (SPECIAL) 160 LF 50 $8,000.00 530 2" ELECTRIC LIGHT CONDUIT 3449 LF 22.6 $77,947.40 535 SHALLOW UTLITIES COMMON TRENCH 2389 LF 31.99 $76,424.11 640 4 INCH ELECTRICAL CONDUIT 14382 LF 3.41 $49,042.62 650 4 INCH ELECTRICAL CONDUIT(CABLE) 4366 LF 3.41 $14,888.06 660 6 INCH ELECTRICAL CONDUIT 5080 LF 6.13 $31,140.40 680 ELECTRIC VAULT(6'x5'x6.5) DEEP(INSTALL ONLY) 16 EA 1271.41 $20,342.56 690 ELECTRIC VAULT(7'x9'x7.5') DEEP(INSTALL ONLY) 3 EA 1645.82 $4,937.46 700 ELECTRICAL LIGHTING-POLE LIGHTS, BOLLARDS, ETC 1 LS 344411 $344,411.00 740 LIGHT STANDARD FOUNDATION 15 EA 1875 $28,125.00 790 SIGN PANELS WITH 2" POSTS(CLASS I) 14 EA 489.58 $6,854.12 800 STEEL SIGN SUPPORT 2" ROUND 11 EA 625 $6,875.00 810 PARSHALL MEASURING FLUME 1 EA 12607.51 $12,607.51 820 CONNECT TO EXISTING WATERLINE 2 EA 4129.38 $8,258.76 830 6"WATER SERVICES DIP W/GATE VALVES 335 LF 92.74 $31,067.90 840 12" DIP W/GATE VALVES 1956 LF 159.3 $311,590.80 860 FIRE HYDRANTS 6.00 EACH 6 EA 8242.72 $49,456.32 920 CONSTRUCTION SURVEYING 1 LS 118750 $118,750.00 922 TRAFFIC CONTROL 1 LS 14812.5 $14,812.50 930 MOBILIZATION 1 LS 245561.56 $245,561.56 940 EPDXY PAVEMENT MARKING 15 GAL 208.33 $3,124.95 950 STEEL GRATES AT PLAZA 1 LS 44312.5 $44,312.50 970 PHASE I CONCRETE TRAIL 650 SY 77.3 $50,245.00 980 PHASE I ASPHALT 90 TON 166.28 $14,965.20 990 OVEREXCAVATION "MUCK" 2740 CY 32.06 $87,844.40 1000 TREE STUMP REMOVAL 1 LS 30820.84 $30,820.84 1010 BOND 1 LS 50000 $50,000.00 1020 VIEWING DECK PLATFORM 1 LS 102370.38 $102,370.38 1030 HAMMER/RAM BORING 1 LS 313140 $313,140.00 1040 SEWER LIFT STATION 1 LS 350000 $350,000.00 EOPC Total: $6,271,446.26 DocuSign Envelope ID:AC8F754E-4102-4A03-A4EB-D21E851C43C0 EXHIBIT B OPINION OF PROBABLE COSTS FOR LANDSCAPING IMPROVEMENTS [see attached pages] (A0150067--7} DocuSign Envelope ID:AC8F754E-4102-4A03-A4EB-D21E851C43C0 EXHIBIT B THE TREE FARM PUD Page 1 of 9 LANDSCAPE OPINION OF PROBABLE COST Date:January 27,2020 By:LANDWEST Colorado,LLC PHASE-2 Summary Page cap*BY PLAN SNEET'' AMQ N C L1-Park Area $185,995.91 L2-East Lake Trail Area $31,129.73 L3-South Lake Trail Area $16,494.84 L4-North Tree Farm Drive/Kodiak Drive $64,800.40 L5-South Tree Farm Drive/Kodiak Drive $92,235.36 L6&L7-South Kodiak Drive/E&S of Lot F2 $56,001.86 L8-Pedestrian Plaza $91,417.30 L9-Underpass/Bus Station Area $60,747.92 GRAND TOTAL: $598,823.32 SOIL&AMENDMENTS $74,246.51 IRRIGATION $179,500.00 TREES $67,275.00 SHRUBS,PERENNIALS&GROUND COVERS $134,283.67 SITE FURNISHINGS&AMENITIES $143,518.15 GRAND TOTAL: $598,823.32 s # .iit'�'`c.,<^:3�ft�."�,*'"�"g.�-""„� ,{ -17G.::au.,� SOIL&AMENDMENTS IRRIGATION TREES $455,305.18 125% $ 569,131.47 SHRUBS,PERENNIALS&GROUND COVERS SITE FURNISHINGS&AMENITIES $143,518.15 100% $ 143,518.15 GRAND TOTAL: $598,823.32_ $ 712,649.62 DocuSign Envelope ID:AC8F754E-4102-4A03-A4EB-D21E851C43C0 THE TREE FARM PUD Page 2 of 9 LANDSCAPE OPINION OF PROBABLE COST SHEET L1 Date:January 27,2020 Park Area By:LANDWEST Colorado,LLC PHASE-2 . IT s -....•::: . . ,,L' Qi1 �y UNIT ; UNIT COST t .• AMOUNT,..w., �... � ,,.... . .._ �.�.. t � �.,u • SOIL&AMENDMENTS Topsoil Placement in Reveg Areas-3"Depth 240 CY $15.00 $3,600.00 Topsoil Placement in Sod Areas-3"Depth 118 CY $15.00 $1,763.89 Topsoil Placement in Planting Beds-12"Depth 401 CY $15.00 $6,016.67 Soil Amendments for Planting Beds-Compost 3"Depth 100 CY $60.00 $6,016.67 Soil Amendments for Planting Beds-Organic Fertilizer 10,830 SF $0.10 $1,083.00 Decomposed Granite Paths-4"Depth 82 CY $65.00 $5,352.87 SUBTOTAL: $23,833.09 IRRIGATION 1"Drip Valve Zone 8 EA $2,500.00 $20,000.00 1 1/2"Spray Valve Zone 5 EA $3,000.00 $15,000.00 Yard Hydrants 6 EA $750.00 $4,500.00 Controls 1 EA $2,000.00 $2,000.00 SUBTOTAL: $41,500.00 TREES Deciduous Trees-1.5"Caliper 3 EA $475.00 $1,425.00 Deciduous Trees-2"Caliper 17 EA $675.00 $11,475.00 Fruit Trees-#10 14 EA $350.00 $4,900.00 Evergreen Trees-Transplant Existing 27 EA $300.00 $8,100.00 SUBTOTAL: $25,900.00 SHRUBS,PERENNIALS&GROUND COVERS Evergreen Shrubs-#5 19 EA $125.00 $2,375.00 Shrubs-#5 43 EA $65.00 $2,795.00 Ornamental Grasses-#5 15 EA $50.00 $750.00 Perennials-#1 66 EA $25.00 $1,650.00 Mulched Planting Beds-4"Depth 132 CY $100.00 $13,236.67 Reveg Hydro Seeding 25,920 SF $0.15 $3,888.00 Sod 12,700 SF $1.00 $12,700.00 SUBTOTAL: $37,394.67 SITE FURNISHINGS&AMENITIES 8'Deer Fence 490 LF $28.00 $13,720.00 8'Gates 4 EA $1,000.00 $4,000.00 Boulders 80 EA $75.00 $6,000.00 Playground Approved Wood Chips-12"Depth 66 CY $100.00 $6,648.15 Tire Swings 1 EA $2,500.00 $2,500.00 Peeled Logs 7 EA $500.00 $3,500.00 Hanging Bars 1 EA $4,500.00 $4,500.00 Slide 1 EA $2,500.00 $2,500.00 8'Rectangle Picnic Tables 4 EA $2,000.00 $8,000.00 4'Benches 3 EA $1,500.00 $4,500.00 6'Bike Rack 1 EA $1,500.00 $1,500.00 SUBTOTAL: $57,368.15 GRAND TOTAL $185,995.91! DocuSign Envelope ID:AC8F754E-4102-4A03-A4EB-D21E851C43C0 THE TREE FARM PUD Page 3 of 9 LANDSCAPE OPINION OF PROBABLE COST SHEET L2 Date:January 27,2020 East Lake Trail By:LANDWEST Colorado,LLC PHASE-2 _... µ ITEM. .._. '. Q A TJ1l,- 2 UNITw.. UNIT COST t..,., AMOUNT SOIL&AMENDMENTS Topsoil Placement in Reveg Areas-3"Depth 357 CY $15.00 $5,350.83 SUBTOTAL: $5,350.83 IRRIGATION 1 1/2"Spray Valve Zone 6 EA $3,000.00 $18,000.00 Controls 1 EA $2,000.00 $2,000.00 SUBTOTAL: $20,000.00 SHRUBS,PERENNIALS&GROUND COVERS Reveg Hydro Seeding 38,526 I SF $0.15 $5,778.90 SUBTOTAL: $5,778.90 GRAND TOTAL $31,2,29:73 DocuSign Envelope ID:AC8F754E-4102-4A03-A4EB-D21E851C43C0 THE TREE FARM PUD Page 4 of 9 LANDSCAPE OPINION OF PROBABLE COST SHEET L3 Date:January 27,2020 South Lake Trail By:LANDWEST Colorado,LLC PHASE-2 •_ .: QUANTE Y v UNIT $ UNIT COST €€ AMOUNT SOIL&AMENDMENTS Topsoil Placement in Reveg Areas-3"Depth 80 CY $15.00 $1,199.44 SUBTOTAL: $1,199.44 IRRIGATION 1 1/2"Spray Valve Zone 4 EA $3,000.00 $12,000.00 Controls 1 EA $2,000.00 $2,000.00 SUBTOTAL: $14,000.00 (SHRUBS,PERENNIALS&GROUND COVERS Reveg Hydro Seeding I 8,636 I SF $0.15 $1,295.40 SUBTOTAL: $1,295.40 $16,494,84 DocuSign Envelope ID:AC8F754E-4102-4A03-A4EB-D21E851C43C0 THE TREE FARM PUD Page 5 of 9 LANDSCAPE OPINION OF PROBABLE COST SHEET L4 Date:January 27,2020 North Tree Farm Drive/Kodiak Drive By:LANDWEST Colorado,LLC PHASE-2 QUANTITY L UNIT ; UNIT COST T AMOUNT., SOIL&AMENDMENTS Topsoil Placement in Reveg Areas-3"Depth 356 CY $15.00 $5,346.53 Topsoil Placement in Sod Areas-3"Depth 26 CV $15.00 $385.00 Topsoil Placement in Planting Beds-12"Depth 171 CY $15.00 $2,562.22 Soil Amendments for Planting Beds-Compost 3"Depth 43 CY $60.00 $2,562.22 Soil Amendments for Planting Beds-Organic Fertilizer 4,612 SF $0.10 $461.20 Decomposed Granite-4"Depth 0.5 CY $65.00 $30.09 SUBTOTAL: $11,347.26 IRRIGATION 1"Drip Valve Zone 3 EA $2,500.00 $7,500.00 1 1/2"Spray Valve Zone 2 EA $3,000.00 $6,000.00 Controls 1 EA $2,000.00 $2,000.00 SUBTOTAL: $15,500.00 TREES Deciduous Trees-1.5"Caliper 10 EA $475.00 $4,750.00 Deciduous Trees-2"Caliper 6 EA $675.00 $4,050.00 SUBTOTAL: $8,800.00 SHRUBS,PERENNIALS&GROUND COVERS Shrubs-#5 36 EA $65.00 $2,340.00 Ornamental Grasses-#2 37 EA $35.00 $1,295.00 Perennials-#1 92 EA $25.00 $2,300.00 Mulched Planting Beds-4"Depth 56 CY $100.00 $5,636.89 Reveg Hydro Seeding 38,495 SF $0.15 $5,774.25 Sod 2,772 SF $1.00 $2,772.00 SUBTOTAL: $20,118.14 SITE FURNISHINGS&AMENITIES Boulders 39 EA $75.00 $2,925.00 4dX6w Flat Top Concrete Curbing 230 LF $7.00 $1,610.00 4'Benches 3 EA $1,500.00 $4,500.00 SUBTOTAL: $9,035.00 :,a i• =. .4w, �t P ,is DocuSign Envelope ID:AC8F754E-4102-4A03-A4EB-D21E851C43C0 THE TREE FARM PUD Page 6 of 9 LANDSCAPE OPINION OF PROBABLE COST SHEET L5 Date:January 27,2020 South Tree Farm Drive/Kodiak Drive By:LANDWEST Colorado,LLC PHASE-2 -' : : F!'E - s *-. q lvA i'r _i fter cosT t AMOtiNT SOIL&AMENDMENTS Topsoil Placement in Reveg Areas-3"Depth 353 CY $15.00 $5,299.58 Topsoil Placement in Sod Areas-3"Depth 30 CY $15.00 $457.36 Topsoil Placement in Planting Beds-12"Depth 217 CY $15.00 $3,252.22 Soil Amendments for Planting Beds-Compost 3"Depth 54 CY $60.00 $3,252.22 Soil Amendments for Planting Beds-Organic Fertilizer 5,854 SF $0.10 $585.40 Decomposed Granite-4"Depth 0.6 CY $65.00 $42.13 SUBTOTAL: $12,888.92 IRRIGATION 1"Drip Valve Zone 5 EA $2,500.00 $12,500.00 1 1/2"Spray Valve Zone 5 EA $3,000.00 $15,000.00 Controls 1 EA $2,000.00 $2,000.00 SUBTOTAL: $29,500.00 TREES Deciduous Trees-1.5"Caliper 10 EA $475.00 $4,750.00 Deciduous Trees-2"Caliper 5 EA $675.00 $3,375.00 SUBTOTAL: $8,125.00 ' SHRUBS,PERENNIALS&GROUND COVERS Evergreen Shrubs-#5 18 EA $125.00 $2,250.00 Shrubs-#5 53 EA $65.00 $3,445.00 Ornamental Grasses-#2 69 EA $35.00 $2,415.00 Perennials-#1 121 EA $25.00 $3,025.00 Mulched Planting Beds-4"Depth 72 CY $100.00 $7,154.89 Reveg Hydro Seeding 38,157 SF $0.15 $5,723.55 Sod 3,293 SF $1.00 $3,293.00 SUBTOTAL: $27,306.44 SITE FURNISHINGS&AMENITIES Boulders 27 EA $75.00 $2,025.00 4dX6w Flat Top Concrete Curbing 270 LF $7.00 $1,890.00 6'Bike Racks 3 EA $1,500.00 $4,500.00 4'Benches 4 EA $1,500.00 $6,000.00 SUBTOTAL: $14,415.00 GRANO'WWI .... $02,23536 DocuSign Envelope ID:AC8F754E-4102-4A03-A4EB-D21E851C43C0 THE TREE FARM PUD Page 7 of 9 LANDSCAPE OPINION OF PROBABLE COST SHEETS L6&L7 Date:January 27,2020 South Kodiak Drive/E&S of Lot F2 By:LANDWEST Colorado,LLC PHASE-2 '1., a _., . : x ;.,r1EM,.r, .. QUA TiTY UNIT UNIT COST f AMOUNT SOIL&AMENDMENTS Topsoil Placement in Reveg Areas-3"Depth 574 CV $15.00 $8,612.22 Topsoil Placement in Planting Beds-12"Depth 97 CY $15.00 $1,450.56 Soil Amendments for Planting Beds-Compost 3"Depth 24 CY $60.00 $1,450.56 Soil Amendments for Planting Beds-Organic Fertilizer 2,611 SF $0.10 $261.10 SUBTOTAL: $11,774.43 IRRIGATION 1"Drip Valve Zone 2 EA $2,500.00 $5,000.00 1 1/2"Spray Valve Zone 6 EA $3,000.00 $18,000.00 Controls 1 EA $2,000.00 $2,000.00 SUBTOTAL: $25,000.00 TREES Deciduous Trees-1.5"Caliper 5 EA $475.00 $2,375.00 SUBTOTAL: $2,375.00 SHRUBS,PERENNIALS&GROUND COVERS Shrubs-#5 39 EA $65.00 $2,535.00 Ornamental Grasses-#5 31 EA $50.00 $1,550.00 Perennials-#1 11 EA $25.00 $275.00 Mulched Planting Beds-4"Depth 32 CY $100.00 $3,191.22 Reveg Hydro Seeding 62,008 SF $0.15 $9,301.20 SUBTOTAL: $16,852.42 GR tD'T}rtdl. " $56 001.86. DocuSign Envelope ID:AC8F754E-4102-4A03-A4EB-D21E851C43C0 THE TREE FARM PUD Page 8 of 9 LANDSCAPE OPINION OF PROBABLE COST SHEET L8 Date:January 27,2020 Pedestrian Plaza By:LANDWEST Colorado,LLC PHASE-2 SOIL&AMENDMENTS Topsoil Placement in Planting Beds-12"Depth 106 CY $15.00 $1,585.00 Soil Amendments for Planting Beds-Compost 3"Depth 26 CY $60.00 $1,585.00 Soil Amendments for Planting Beds-Organic Fertilizer 2,853 SF $0.10 $285.30 SUBTOTAL: $3,455.30 IRRIGATION 1"Drip Valve Zone 4 EA $2,500.00 $10,000.00 Controls 1 EA $2,000.00 $2,000.00 SUBTOTAL: $12,000.00 TREES Deciduous Trees-1.5"Caliper 4 EA $475.00 $1,900.00 Deciduous Trees-2"Caliper 11 EA $675.00 $7,425.00 SUBTOTAL: $9,325.00 SHRUBS,PERENNIALS&GROUND COVERS Ornamental Grasses-#5 60 EA $50.00 $3,000.00 Ornamental Grasses-#2 10 EA $35.00 $350.00 Perennials-#1 154 EA $25.00 $3,850.00 Mulched Planting Beds-4"Depth 35 CV $100.00 $3,487.00 SUBTOTAL: $10,687.00 SITE FURNISHINGS&AMENITIES Boulders 6 EA $75.00 $450.00 Steel Bridge Grates 11 EA $3,000.00 $33,000.00 4'Benches 12 EA $1,500.00 $18,000.00 12"x 24"Tables 6 EA $750.00 $4,500.00 SUBTOTAL: $55,950.00 DocuSign Envelope ID:AC8F754E-4102-4A03-A4EB-D21E851C43C0 THE TREE FARM PUD Page 9 of 9 LANDSCAPE OPINION OF PROBABLE COST SHEET L9 Date:January 27,2020 Underpass/Bus Station Area By:LANDWEST Colorado,LLC PHASE-2 ,::-'--`,r,:::•:- ITEM , QUANTITY I.UNIT UNIT COST AMOUNT SOIL&AMENDMENTS Topsoil Placement in Reveg Areas-3"Depth 11 CY $15.00 $158.33 Topsoil Placement in Planting Beds-12"Depth 130 CY $15.00 $1,944.44 Soil Amendments for Planting Beds-Compost 3"Depth 32 CY $60.00 $1,944.44 Soil Amendments for Planting Beds-Organic Fertilizer 3,500 SF $0.10 $350.00 SUBTOTAL: $4,397.22 IRRIGATION 1"Drip Valve Zone 8 EA $2,500.00 $20,000.00 Controls 1 EA $2,000.00 $2,000.00 SUBTOTAL: $22,000.00 TREES Deciduous Trees-1.5"Caliper 24 EA $475.00 $11,400.00 Deciduous Trees-2"Caliper 2 EA $675.00 $1,350.00 SUBTOTAL: $12,750.00 SHRUBS,PERENNIALS&GROUND COVERS Shrubs-#5 36 EA $65.00 $2,340.00 Ornamental Grasses-#2 13 EA $35.00 $455.00 Ornamental Grasses-#5 20 EA $50.00 $1,000.00 Perennials-#1 148 EA $25.00 $3,700.00 Mulched Planting Beds-4"Depth 43 CY $100.00 $4,277.78 River Cobble 3-6" 23 CY $65.00 $1,526.92 Dry Stacked Ledgestone 2 TN $750.00 $1,380.00 Reveg Hydro Seeding 1,140 SF $0.15 $171.00 SUBTOTAL: $14,850.70 SITE FURNISHINGS&AMENITIES Boulders 50 EA $75.00 $3,750.00 4'Benches I 2 I EA $1,500.00 $3,000.00 SUBTOTAL: $6,750.00 GRAND TOTAL.... $60,747.921 DocuSign Envelope ID:AC8F754E-4102-4A03-A4EB-D21E851C43C0 EXHIBIT C CONSTRUCTION SCHEDULE [see attached page(s)] {A0150067--7} DocuSign Envelope ID:AC8F754E-4102-4A03-A4EB-D21E851C43C0 EXHIBIT C ROARING FORK ENGINEERING 592 Highway 133 Carbondale, CO 81623 Ph:970-340-4130 Tree Farm Phase II Eagle County Colorado Engineering Construction Schedule Below is an engineering construction schedule to satisfy section 1.5 of the SIA "1.5. Date of Completion. All Subdivision Improvements shall be completed on or before the last day of the 18th complete calendar month following the recording of the Final Plat of the Subdivision." Month 1 Mobilization, installment of traffic control devices and construction safety measures, site demolition, removal and relocation of structures, clearing and grubbing, installation of erosion control BMPs. Month 2-4 Trenching, installation of deep utilities, water, sewer, force mains, installation drainage structures, installation of raw water system, installation of shallow utilities, communication, gas, electric, materials handling and processing. Month 5-9 Site grading to subgrade of road corridors and over lot site grading, placement of structural road sections, installation of concrete sidewalks, curb and gutter, asphalt paving, site walls, trails, installation of above grade utility boxes and structures. Month 10-12 Grading and construction of pedestrian trails outside of main road corridor construction areas, retaining wall construction. Month 13-16 Tie-ins to existing conditions at project extents, topsoil placement and final stabilization, installation of landscaping. Month 17-18 Punch list item corrections, site clean-up, demobilization. The above schedule is created from the best available information of the sequencing and timing of construction based on general construction installations and methods. • ':0047 13 `,.: :; ' -' Page 1 of 1