HomeMy WebLinkAboutC84-006 Subdivision Improvements Agreement_Blue Lake Developementa1'
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SUBDIVISION IMPROVEMENTS AGREEMENT
THIS AGREEMENT, made and entered into this ���day of ,
1984, by and between BLUE LAKE DEVELOPMENT COMPANY, a Colorado rp-
oration, hereinafter called the Subdivider, and the Board of County
Commissioners of Eagle County, hereinafter called the County.
WITNESSETH:
WHEREAS, the Subdivider, as a condition of approval of the Blue
Lake Planned Unit Development (hereinafter the "Subdivision"), wishes to
enter into a Subdivision Improvements Agreement as provided for by
Section 30-28-137, Colorado Revised Statutes 1973, as amended; and
WHEREAS, pursuant to the same authority, the Subdivider is obli-
gated to provide security or collateral sufficient in the judgment of
the Board of County Commissioners to make reasonable provisions for
completion of certain public improvements set forth in Exhibit "A"
attached hereto and incorporated herein; and
WHEREAS, the Subdivider wishes to provide collateral to guarantee
performance of this Agreement, including construction of the above -
referenced public improvements by means of an irrevocable letter of
credit.
NOW THEREFORE, in consideration of the following mutual covenants
and agreements, the Subdivider and the County agree as follows:
1. The Subdivider hereby agrees, at its sole cost and expense, to
furnish all equipment and material necessary to perform and complete, on
or before three (3) years from the date hereof, in a good workmanlike
manner, all public improvements as shown in the final plat documents for
the Subdivision in accordance with all plans and specifications for the
Subdivision filed in the office of the County Engineer and/or Department
of Community Development and to do all work incidental thereto according
to and in compliance with the following:
(a) All final plat documents submitted prior to or at the time of
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final plat approval.
BOOK 3 T
(b) All laws of the United States of America, State of Colorado,
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County of Eagle and its respective agencies, affected special
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districts and/or service districts.
JOHNNETTE PHILLIPS
EAGLE CTY.RECORDER
(c) Such other designs, drawings, maps, specifications, sketches,
and other matter submitted by the Subdivider to and approved
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by any of the above -referenced governmental entities. All
said work shall be done under the inspection of, and to the
satisfaction of the County Engineer and/or the County Building
Official, respectively, and, shall not be deemed complete
until approved and accepted as completed by the Board of
County Commissioners of the County or said Board's appointed
designee.
(d) Subdivider shall retain an engineer whose duties shall include
materials sampling, testing, and inspection using the Colorado
Department of Highways, 1983 Materials Manual as a guide.
Copies of all test results shall be furnished to Eagle County
as the work progresses.
Any provision hereunder the contrary not withstanding, the Sub-
divider shall acquire by direct negotiation and purchase, or by exercise
of the County's condemnation powers as hereinafter provided, a right-of-
way as necessary for the extension of J.W. Drive from its easterly
terminus on the easterly boundary of the Subdivider's property over and
across property owned by F.B. Crawford & Co. and J.A. Crawford & Co. to
Eagle County Road 113, commonly known as the E1 Jebel Hill Road. The
Subdivider shall further construct and complete the extension of said
J.W. Drive over and across said right-of-way in accordance with the
plans and specifications filed with and approved by the County. The
subdivider shall diligently pursue the acquisition of said right of way
by direct negotiation and purchase. If the subdivider is unable to
acquire said right of way by direct negotiation and purchase on or
before October 1, 1984, the County shall promptly commence an action for
condemnation of said right of way in accordance with the laws of eminent
domain of the State of Colorado, and in said event the subdivider shall
pay all costs of such condemnation proceeding. The subdivider shall
complete construction of said J.W. Drive on or before October 1, 1985.
In addition, the Subdivider shall, by direct negotiation and
purchase or by virtue of the County's condemnation powers as hereinafter
provided, acquire such right-of-way, if any, as is necessary to con-
struct those improvements to said County Road 113 as depicted on Exhibit
"B" attached hereto and incorporated herein. The subdivider shall
diligently pursue negotiations for the purchase of such right of way,
which negotiations shall occur simultaneously and in coordination with
the County's determination of the boundaries of the existing public
prescriptive easement. In the event the subdivider is unable to acquire
said right of way by direct negotiation and purchase on or before
October 1, 1984, the County shall promptly commence an action for
condemnation of said right of way in accordance with the laws of eminent
domain of the State of Colorado and, in such event, the subdivider shall
pay all of the County's costs in such condemnation proceeding. The
subdivider shall complete construction of those improvements as
described in this paragraph on or before October 1, 1985.
2. The estimated cost of said work and improvements is the sum of
$11580,970.00.
To secure and guarantee performance of its obligations as set forth
herein, the subdivider agrees to provide security and collateral in the
form of an irrevocable letter of credit from the Alpine Federal Savings
and Loan Association in the amount of $1,739,070.00 on a form acceptable
to the County Attorney.
3. The Subdivider may at any time substitute for the collateral
originally deposited with the County herein, another form of collateral
acceptable to the County to guarantee the faithful completion of those
public improvements referred to herein and the performance of the terms
of this Agreement.
4. 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 works specified in this Agreement prior to the com-
pletion and acceptance of the same, nor shall the County, nor any
officer or employee thereof, be liable for any persons or property
injured by reason of the nature of said work, but all of said liabil-
ities shall 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 to which the County or any such
of its officers, agents, or employees may become subject to, insofar as
any such losses, claims, damages or liabilities (or actions in respect
thereof) that arise out of or are based upon any performance by the
Subdivider hereunder; and the Subdivider shall reimburse County for any
and all legal or other expenses reasonably incurred by County in con-
nection 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.
5. It is mutually agreed, pursuant to the provisions of Section
30-28-137(3), Colorado Revised Statutes 1973, as amended, that the
County or any purchaser of any lot, lots, tract or tracts of land
subject to a plat restriction which is the security portion of a sub-
division improvements agreement shall have the authority to bring an
action in any district court to compel the enforcement of any subdivi-
sion improvements agreement on the sale, conveyance or transfer of any
such lot, lots, tract or tracts of land or of any other provision of
this article. Such authority shall include the right to compel res-
cission of any sale, conveyance or transfer of any lot, lots, tract or
tracts of land contrary to the provisions of any such restrictions set
forth in the plat or in any separate recorded instrument, but any such
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action shall be commenced prior to the issuance of a building permit by
the County where so required.
6. It is further mutually agreed that pursuant to the provisions
of Section 30-28-137(2), Colorado Revised Statutes, 1973, as amended,
that as improvements are completed, the Subdivider may apply to the
Board of County Commissioners for a release of part or all of the
collateral deposited with said board. Upon inspection and approval, the
board shall release said collateral. If the board determines that any
of such improvements are not constructed in substantial compliance with
specifications, it shall furnish the Subdivider a list of specific
deficiencies and shall be entitled to withhold collateral sufficient to
ensure such substantial compliance. If the Board of County Commis-
sioners determines that the Subdivider will not construct any or all of
the improvements in accordance with all of the specifications, the Board
of County Commissioners may withdraw and employ from the deposit of
collateral such funds as may be necessary to construct the improvements
in accordance with the specifications.
7. The Subdivider warrants all work and material for a period of
one year after acceptance of all work referred to in this Agreement by
County. Further, County shall have a right to require security or
collateral be provided by Subdivider to remain, as determined by County,
sufficient to cover any and all claims under this warranty.
8. The County agrees to approval of the final plat of the Sub-
division, subject to the terms and conditions of this Agreement.
9. Parties hereto mutually agree that this Agreement may be
amended from time to time, provided that such amendments be in writing
and signed by all parties hereto.
10. This Agreement shall be enforceable against the Subdivider
provided, however, that in the event the Subdivider sells or transfers
all or part of the Subdivision, as shown in the final plat (prior to
extensive sales of individually platted tracts), the obligations of the
Subdivider under this Agreement as to that portion of the Subdivision
may be assumed by the purchaser of the parcel, and Subdivider shall have
no further obligations hereunder. It is agreed, however, that no such
assumption of these obligations shall be effective unless the Board of
County Commissioners gives its prior approval to such assumption,
following an investigation of the financial condition of the purchaser.
11. It is further agreed that the Subdivider shall at all times
from the acceptance by the Board of County Commissioners of the roads
offered for dedication in the subject subdivision to the completion and
acceptance of said work or improvement by the County, give good and
adequate warning to the traveling public of each and every dangerous
condition existent in said roads or any of them, and will protect the
traveling public from such defective or dangerous condition. It is
understood and agreed that until the completion of all the improvements
herein agreed to be performed, each of said roads not accepted as
improved shall be under the charge of Subdivider for the purpose of this
Agreement.
12. It is agreed that the sale and resale of Lots and basic mobile
home units within the subdivision shall be subject to the Eagle County
Ownership and Resale Requirements as set forth in Article VIII of the
Declaration of Covenants, Conditions and Restrictions for the Blue Lake
Planned Unit Development, Filing No. 1.
C! k of the Boar
C my Commissioners
P
COUNTY OF EAGLE, STATE OF COLORADO
By and through its
BOARD OF COUNTY COMMISSIONERS
J
BY: CIL
Chairman
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%-''•d �` a retar
-STATE OF COLORADO
)
-
) as.
COUNTY OF GARFIELD
)
BLUE LAKE DEVELOPMENT COMPANY
a Color�a4 corp rat
BY:
rest en
The foregoing Subdivision Improvements Agreement was acknowledged
before me this 6th day of April , 1984, by
Alan A. Storey , as President, and----------------------
-as-•Secretary-of the Blue Lake Development Company.
Witness my hand and official seal. O'. -
ti
My commission expires: February 24, 1985
Notary Pfrblic
817 Colorado Ave., Site 201
Glenwood Springs, CO. 81601
STATE OF COLORADO )
as.
COUNTY OF)
The foregoing Subdivisio Im ovements Agreement was acknowledged
b�,fPre e s yndam of W , 198 , by
1 p� as Chairman, and
as Clerk of tie Board of County Commissioners of thk County of Eagle,
,State of Colorado.
Witness my hand and official seal.
My commission expires:
V
Notary -Public
STATE OF
COLORADO )
COUNTY OF
ss.
The foregoing Subdivisi,9p Improvements Agreement was acknowl dged
be re me this MC day of 1984, by
as Secretary of Blue Lake Development Company, a Collbrado
corpor ion.
Witness my hand and official seal.
My commission expires: 6
/aeary Pub c
^...... ��oais
EXHIBIT "A"
ENGINEERING ESTIMATE
For
Blue Lake P.U.D.
(work remaining)
Sewer Quantities:
Item Description Unit
12" PVC Lin. Ft.
8" PVC Lin. Ft..
4' Dia. Manholes each
4" Service Connectors each
Domestic Water Quantities:
Item Description Unit
8" Steel Pipe
Lin. Ft.
6" Steel Pipe
Lin. Ft.
8" Gate Valves
each
6" Gate Valves
each
Fire Hydrants
each
Service Connectors
each
Pressure Reducing
each
Station
Roadway:
Item Description Unit
Earthwork
Lump Sum
Pit Run (minus 6 inch)
Ton
Aggregate Base Course
Ton
Asphalt Pavement
Ton
36" Culvert
Feet
18" Culvert
Feet
Concrete Dips
Each
Curb and Gutter
Lin: Ft.
Sidewalk
Sq. Yd.
Inlets
Each
Signs
Each
Lighting (37,000 Lumen) Each
Lighting (7,000 lumen) Each
Quantity
3000
5250
38
133
Quantity
2000
660
6
2
5
69
1
Unit Price
12.00
9.25
1350.00
200.00
Subtotal
Unit Price
14.00
10.00
500.00
350.00
900.00
300.00
51000.00
Subtotal
Amount
$36,000.00
48,560.00
51,300.00
26,600.00
$162,460.00
Amount
$28,00�.00
6,600.00
3,000.00
700.00
41500.00
20,700.00
51000.00
$68,500.00
Quantity
Unit Price
Amount
$25,000.00
$25,060.00
19,000
6.00
114,000.00
13,000
8.00
104,000.00
51000
45.00
225,000.00
60
40,00
21400.00
350
20.00
71000.00
4
11000.00
41000.00
10,000
5.00
50,000.00
2,700
12.00
32,400.00
4
11500.00
61000.00
25
120.00
3,000.00
2
11000.00
21000.00
8
500.00
'41000.00
Subtotal $578,800.00
Total Estimated Costs $809,760.00
ENGINEERING
ESTIMATE
EXTENSION OF
J.W. DRIVE
Item Description
Unit
Quantity
Unit Price
Amount
Earthwork
Cu. Yd.
10,000
3.00
$30,000
Topsoil
Cu. Yd.
6,500
3.00
19,500
Pit Run
Ton
3,700
6.00
22,200
Base Course
Ton
3,700
7.50
_ 27,750
Culverts
Lump Sum
10,000.00
10,000
Head Gates
Each
2
2,000.00
21000
Asphalt
Ton
1,650
50.00
82,500
TOTAL
$193,950
Construction, Land Acquisition, Condemnation Costs
for J.W. Drive and E1 Jebel Hil Road $100,000
Intersection Improvements (J.W. Drive/HWY 82,
J.W. Drive/County Road 13, County Road 13/HWY 82) 75,000
Landscape and Recreation Improvements
By Land Design Partnership 183,460
Utilities:
Gas . . . . . . . . . . . . . . . . . . . . . . . 23,800
Telephone . . . . . . . . . . . ... . . . . . . . . 25,000
Electric . . . . . . . . . . . . . . . . . . . . 170,000
TOTAL ESTIMATED COSTS $1,58019,70
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