HomeMy WebLinkAboutC98-284 SIA Fender Lane Developers, LTD_Sopris Mesa SubdivisionCHVLt I.UVN I Y H 1 1 UKIVt Y
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SUBDIVISION AND OFF -SITE IMPROVEMNTS
AGREEMNT
SOPRIS MESA SUBDIVISION
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`� THIS SUBDIVISION AND OFF- ITE IMPROVEMENTS AGREEMENT ("A&=-
ment) made and entered into this
day of v S+ j ] 9�, by and
between Fender Lane Developers, LTD. (hereinafter "Subdi dcr") 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 {Amerided] Final flat of
Sopris Mesa Subdivision (hereinafter referred to as "Subdivision"), desires an Agreement as
provided for by C.R.S. 30-28-137; and
WHEREAS, pursuant to the same authority, the Subdivider is obligated to provide
ec surity or collateral sufficient in the judgment of the Copnty to make reasonable provisions for
completion of certain public improvements hereinafter described ("Subdivision Improvements");
and
WHEREAS, pursuant to Section 2.20 of the Land Use Regulations of Engle County,
Colorado,1982, as amended ("hereinafter referred to as 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 hatreds for vehicle
drivers, pedestrians and/or adjacent residents, or will result in substantially increased mainte-
nance 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
Wl ILREAS, the County has determined that the traffic which will be generated by the
Subdivision, along with ether potential subdivisions in the area, will result in safety hazards and
substantially increased maintenance costs relative to the off -site roads, therefore an oI%sitc road
impact fee of $2000 has been determined; 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 result-
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wH AUAb, purAu411t to Seatlon;444,05 01 he 140.0 V4e Aeavle ignq mid C-RA, 434a
l 47, the Subdivider shall provide access for all lots iOd parcels it creates to the state highway
system in conformance r*&� the State I•iighway Access Code. lldft,
NOW, THEREFORE, in consideration of the premises and the covenants and agreements
herein contained to be kopt and performed by the parties hereto, it is hereby understood and
agreed as follows:
1.1 Subdivision Imorovemgnts '. Subdivision Improvements are deemed to include all
Public improvements, including but not limited to off -site improvements - including roads,
utilities and other similar public improvements.
1.2 Scoll a of Work. The Subdivider hereby agrees, at its sole cost and expense, to
furnish all necessary equipment and material, and to complete all Subdivision Improvements as
referenced in the attached Exhibit "A", and as set forth in all documents, construction drawings,
designs, maps, specifications, sketches, and other materials submitted by the Subdivider prior to
or at final plat approval and accepted by the County, and in accordance with all laws of the
United States of America, State of Colorado, County of Eagle, and their respective agencies quid
affected governmental entities. Such performance shall include acquisition of all necessaryy
rights -of -way, either directly or as set forth in Section 4 hereof,
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
2
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additional embankment(s).
c. finish - one density test per 250 lineal feet of roadway.
d. A aereu t�ase co - one in -place density per 250 lineal feet of
roadway, a, gradation and Atterberg Limits test per 2000 tons of aggregate
base course.
.EAGLE COUNTY ATTORNEY
ID:970-328-5219
AUG 25'98 17:44 No.005 P.05
e. Hot Bituminous Pavement _ two asphalt content, gradation and in -place
density tests per day's production.
f. - 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 . Subdivider or his Engineer shall notify the
Eagle County Engineer for the purpose of arranging an on -site inspection no less than forty-eight
(48) hours in advance of the following stages of road construction:
l) 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 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 Fagic Cotinty Fngineer 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 19,000 pounds per rear axle.
l .3.4 - Witnessing -of Wj= and-Sogwer 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 "rennaeient" 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 Revorts. 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 Rccord DmWlnaspf Sddivision. Record drawings, scaled,
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
4
EAGLE COUNTY ATTORNEY ID:970-328-5219 AUG 25'98 17:45 No.005 P.06
Engineer prior to completion of the two year warranty period and the final release of Collateral
by the County.
1.3.7 Affidavit of Monumg . An Affidavit of Monumentation sealed,
signed and dated by a Registered Professional Land Surveyor staling that the subdivision has
been monumented in accordance with §38-51-105, C.R.S., and §2.19.01.2d of the Eagle County
Land Ilse 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 Denim 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 ofLAll Subdlvisi n ]mprovements shall be completed prior to
c
1.6 /Approval And Ac( glance of Wnrk,
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 dale.
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 Subdivi-
sion Improvements is the sum of $1,042,205.45 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 Subdivision Improvements, the Subdivider hereby agrees to provide Security and
collateral in the form and as set forth in Section 2, below.
EA5LE COUNTY ATTORNEY
ID:970-328-5219 AUG 25'98 17:45 No.005 P.07
�OMN '10�
r
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 $1,042,205.45. The Subdivider shall obtain collateral in a form acceptable to the County
("Collateral") prior to signing of the final plat, as specified in attached 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 I3ngineer to inspect the work in order to
verify satisfactory completion in accordance with plans and specifications in rrccordanc;e with
Section 1.6.
2.3 ll . Within thirty (30) days alter Subdivider has
completed all of the work required by this Agreement and the work has been approved and
accepted by the County, the entire remaining amount of the Collateral, less an amount equal to
ten percent (10%) of the original 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 Collateral, as set forth above, or Subdi-
vider may provide a guarantee bond in an amount and in a form acceptable to the County - which
would be substituted for the release of the entire amount of the Collateral.
2.4 Substitution of conat"alThe 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 laid/or deflationary factor based upon the Denver -Boulder, Colorado Consumer Price
Index for All IJrban 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.
2.5 yaws. Draws against the Collateral shall only be made as directed by written
Resolution of the 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.
6
EAGLE COUNTY ATTORNEY ID:970-328-5219 AUG 25'98 17:46 No.005 P.08
2.0 Evenis of 11nfalilt, 'rho following events shall be deemed nEve4o of Darhuft
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
(l 0) 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 i '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.
2.6.3 If the Collateral is substituted, as otherwise provided herein, this Agreement
may be amended or modified in order to set forth specific Events of Default deemed necessary,
in the County's sole discretion, commensurate with the type of collateral substituted.
2.7 Casts and EXnenscs Subdivider agrees to pay any costs and expenses, including but
not limited to lcsgal 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 M In addition to the Collateral described herein, the
Subdivider shall provide to the County a Materials and Payment Bond to ensure that all contra
tors, suppliers and materialmen are paid. Such bonds shall conform with the requirements of
Title 38, Article 26, Colorado Revised Statutes. Subdivider shall also retain funds from all
contractors employed for Subdivision Improvements as required by said Article, and further shall
coordinate with the County Attorney to ensure proper Notice of Final Settlement and Retention
of Funds, as required.
3.1 bdeMnification. Subdivider shall indemnify and hold the County harmless from any
and all claims made against the County by any contractor., subcontractor, mat men, 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
7
.EAGLE COUNTY ATTORNEY ID:970-328--5219 AUG 25'98 17:46 No.005 P.09
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 Cenificates of j s r nee. The Subdivider shall secure from any contractor or
subcontractor engaged in the work necessary to comply with this Agreement a Certif cote of
Insurance providing for liability protection in the minimum amount of $1s0,000 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 cx)mply with any changed limits in the Colorado Governmental Immunity Act,
Title 24, Article 10, Colorado Revised Statutes.
3.3 CQUMy 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 comple-
tion and acceptance of the same; nor shall the County, nor any officer or employee thereof, be
liable for any persons or properly 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 die
Subdivider. 1"he 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 far 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.
4.1 Right -of --Way Aeguiso114n. It shall be the responsibility of the Subdivider to secure
any and all necessary land rights -of -way or easements for the construction of the required off -Site
Subdivision Improvements, and to have them deeded to the County. The exact location of the
right-of-way for the proposed off -site Subdivision Improvements shall be negotiated between the
Subdivider, property owner, and the Board; in case of the failure of the parties to agree, the
Board shall determine the location of the right-of-way.
4.2 Condemnation. Should Subdivider be unable to secure the necessary lands, rights -
of -way or easements for the off -site Subdivision Improvements required by this Agreement, the
Subdivider:
EAGLE COUNTY ATTORNEY ID:970-328-5219 AUG 25'98 17:47 No.005 P.10
?aft\ �
a. Shall schedule a meeting with the Board to discuss the Subdivider's inability to
secure such property, and should the Board determine that such property is
required for the public health, safety and welfare, it shall assist the Subdivider in
fulfilling its obligation under this contract, by using its power of eminent domain.
b. Shall secure, alter consultation with the County Attorney, an appropriate
appraiser to conduct the appraisal of the property.
c. After an appraisal, a good -faith offer in conformance with Colorado law shall
be made to the owner of the property.
d. If the offer of the County is not accepted, the County shall proceed to condemn
the property.
e. All expenses of said condemnation, including all legal and attorneys' fees,
costs, appraisal fees, and incidental expenses, shall be paid as they are due by the
Subdivider, it being understood that the condemnation proceeding may be
prosecuted by the County Attorney or Special Counsel retained by the Board. In
addition, the Subdivider shall pay 1) any deposit necessary for the County to
secure immediate possession of the property, and/or 2) the final award to the
property owner,
The County agrees to diligently and timely pursue said condemnation in accord
with the requirements of this Agreement.
" o �.
The following shall apply to all Subdivision Improvements, including off -site improvements, set
forth in this Agreement:
5.1 Comphance with Land Use Reoul�ons. 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.
5.2 Su division Improvement Aurae e t 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.
9
EAGLE COUNTY ATTORNEY ID:970-328-5219 AUG 25'98 17:48 No.005 P.11
100� laft�
5.3 W There shall be a two-year correction period, or such
longer period as may be prescribed by law, from the tune 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 materiels 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.
5.4 AIRpmval of Final p
Mat. The County agrees to the approval of the final plat of this
Subdivision, subject to the terms and conditions of this Agmement,
5.4.1 final Plat m ndmentg. 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 nccessaly to comply with Final Plat requirements of the Eagle County Land Ilse
Regulations
5.5 AmeIIdnmomt and Medifi .Atinn• The parties hereto mutually agree that this Agrec-
ment may be amended or modified from time to time, provided that such amendment or
modification be in writing and signed by all parties hereto.
5•6 Assi bill X. "111is 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 pii ") written
approval to such assumption followilts 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.
5.7 Binding upon Successors. This Agreement shall inure to the benefit of and be
binding upon the parties hereto, their respective successors, and assigns.
5.8 Sole RgaugnsiEllitv of Subdivider Prior to CouM Acceptance- It is further agreed
and understood that at all times prior to the completion and acceptance of the off -site Subdivision
10
EAGLE COUNTY ATTORNEY ID:970-328-5219 AUG 25'98 17:48 No.005 P.12
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 neces-
sary 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 oil Uniform Traffic Control Devices for Streets and Highways as
prepared by the U.S. Department of Transportation, Federal Highway Administration.
5.9 No ights 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.
5.10 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.
IN TNESS WIIEREOF, the parties hereto have executed this Agreement this
day of 19kt,
County Commissioners
COUNTY OF EAGLE, STATE OF COLORADO,
By and Through its
BOARD OF COUNTY COMMISSIONERS
By:
��O-es E. Johns , Jr., Oman
Address for g ing noti e;
P.O. Box 850
Eagle, CO 81631
(303) 328-8695
11
EAGLE COUNTY ATTORNEY ID:970-328-5219 AUG 25'98 17:49 No.005 P.13
SUBDIVIDER:
OWNER: Fender Lane Developer, LTD,
By: J.N.M. Missouri Ileights, Inc.,
feral Partner
M.
STATE OF e-eL-eR*Fja )
�` �1 ) SS
County of l l)YW )
M
J?hnes N. McOarvey Jr., Presi(
ddress for giving notice:
2453 South 3rd. Street
Jacksonville Beach, FT. 32250
byThe foregoing was acknowledged before me this 2b day of U5 f 19 �8 •,
�Mi^.
WITNESS my hand and official seal.
My commission expires g I I I I Q
&Akfi*\C-dev\sla.sop
Notary Public
°^""•° CATHLEEN E. DENNY
=+: MY COMMISSION N CC488143 EXPIRES
'1'• - September 11. 1998
BONDED THOU TROY FAIN INSURANCE, INC.
12
AUG-25-98 TUE 07134 AM HIGH COUNTRY ENGINEERING FAX NO, 9709452555 P. 11/15
SUMMARY OF PROBABLE
CONSTRUCTION COST
August 17, 199N
I10E IOD NO: 97047,01
UNIT
ITEM _
QUANTITY
COST
COST
[iradfng and Earehlvork
,
MnhObadan
I L.S.
10,OW.W
Sardiwark
1 L.S.
0100M
131,0W.00
Waa;r'fauk Baca Prep.
I L.S.
18,W0.W
IN,500.00
Rock Lxcavatitm
5W C.Y.
25.00
12.5W.00
3' Aaplwlt
13025 S.Y.
7.S0
97.687.50
12• Claa, 3 ADC
6580 r,.,Y.
14,80
97.394.00
6' CL4a 6 AEC
3325 C.Y.
19.00
39,950.00
Sf017n &wur
30' ADS N-12
42 L.T.
500U
2,100.00
24' ADS N-11
82 L.F.
30.00
2.461J.011
19' ADS N-12
65 L.F.
25.00
1,625.00
30" Mired Ed
2 rich
6110.00
1.20t100
24' Flared End
4 Ezell
173.00
70D.00
19" Flared End
2 Bacit
150.00
300.00
Rack Lining for Cinnrslx
720 L.F.
8.00
5,760.00
Liamestle Water
-price inchWts trenching and fluinps
8' D)P Waierline
5U13 L.F.
26.00
130.339,00
8' G31e Valve
11 Each
650.00
7,15000
4' DIF Waterline
3960 L F.
19.00
73,340.00
4' Gore Valve
7 F.ach
450,00
3.150.01)
V Water Scrv)ce
24 Each
1101f0.00
24.00100
PRV Vault
1 Each
16,500.UU
16,500.W
Mr-1 Hydrant Afvvinbiy
9 Each
2A00.00
21.600 00
Air Vac
2 W,61
3,000.00
6.OW.(*
Pump Home
I Fuch
6.4W.W
6,4W.00
lhimp lWdsc A9Purtetanecs
1 L.S.
16AW100
16,000.00
Mace Tank (.120k gal) Srce1
l L.S.
60,(DO. W
60,000.00
Wuct Tank Ap1mricimoms
1 L.S.
15,0rk1.00
i5,OW,00
Cinmecdnn m Extcdng Wow TOnk
1L.S.
4,0IN1.00
4,000.00
Cutercelm to Ghdng 6".rtuh
1 L.S.
3.000.00
3,000.00
Colmwwc l m 1(x5drg 6' above PRV'x
I I„S.
4.000.00
4,00000
Shallow Udlides
Flmrrie Vouit
14 Ecch
4W,eNr
5160000
4' Utilhy Trench
5210 L.P.
3.50
18,23S.011
Lewis Utiiity
5210 L.P.
8.00
41,680.00
Telephnne Utility
1 L.S.
4,OW.W
4,OW.00
.14/t./CPI%aasOYY
Rcvuguwte/LatdscapC
I L.S.
10,000.00
I0,000.00
btigalion on WaleTTank Berm
IL.S.
2.0W.W
2,000.00
Clair l C wd Sign
7 Each
200.00
1,400.00
surveying-/CehanictiOa Str•ki4g
IL.S
20'ano.W
20,0W.W
Enutian and SWiment Cameant
I L.S
500.00
5,00D.00
Repair urmilburn Cups
I L.S.
3,01)0.00
3,000.00
Sails Testing
1 L.S.
5010.00
S,OW.W
SUR TMAT. s947,sro.SO
1074 C0nnnVcJ3CV _S94.745.95
Torl'AL $1,042,205.45
Puy summary elf probable fonsfrifirdet cusr way prepareel fur esrirnadng purposes
only. High Country Engineering, Inc, cannot be held responsiblefor vlrianee4
frmtl this esri0aae as nunrd costs may very elite to bid and market fhtreaenions.
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EXHIBIT
AM%
IMN
Irrevocable Letter of Credit
Pitkin County Bank & Trust
534 E Hyman Ave.
Aspen, CO 81611
(970)925-6700
Irrevocable Letter of Credit Date:August 25, 1998
Number: 1294
Board of County Commissioners
County Of Eagle
State of Colorado
PO Box 850
Eagle, CO 81631
Gentlemen:
We hearby open our irrevocable Letter of Credit in your favor, available by draft at sight
drawn on Pitkin County Bank & Trust Co. for any sum or sums not exceeding in total the sum of
$1,042,205.45.
For the account of FenderLane Developers, Ltd.
J.N.M Missouri Heights, Inc. Gen. Ptr.
2453 South 3rd St
Jacksonville Beach, FL 32250
For the purpose of guaranteeing construction of public improvements required by the
County of Eagle, State of Colorado, pursuant to that certain Subdivision Improvements
Agreement dated August 31, 1998, between the County of Eagle, Colorado, and FenderLane
Developers, Ltd., relative to Sopris Mesa Subdivision. Each draft drawn on Pitkin County Bank
& Trust Co., at sight, shall be endorsed on the reverse side of this Letter of Credit and bear upon
it's face "Drawn under Letter of Credit Number 1294 dated August 31, 1998, of Pitkin County
Bank & Trust Co.", and shall be accompanied by a Resolution of the Board of County
Commissioners of Eagle County certifying 1.) that there has been a default under the Subdivision
Improvement Agreement, and 2.) that a sum certain is required to remedy the default.
Pitkin County Bank & Trust Co. agrees with the drawers, endorses and bonafide holders
of drafts drawn and negotiated in compliance with the term of this Letter of Credit that such
drafts will be duly honored upon dual presentation of the draft, at sight, and the Resolution,
described above, at the counter of this bank.
EXHIBIT
AMN
Pitkin County Bank & Trust Co. represents and warrants to the County of Eagle that it
has the full authority and power to issue this Letter of Credit to the County of Eagle, State of
Colorado, in the total amount and for the period of time stated herein, said authority being
pursuant to the laws of the United States, or the State or territory which governs the
establishment and regulation of Pitkin County Bank & Trust Co. charter, by-laws and other
applicable rules and regulations adopted pursuant thereto. Should it be necessary for the County
of Eagle to file suit in an effort to enforce the irrevocable Letter of Credit, Pitkin County Bank &
Trust Co. hereby waives any venue rights and submits to the jurisdiction of the District Court in
and from the County of Eagle, State of Colorado.
All drafts hereunder must be drawn on or before August 31, 1999
Ve/Y trul yours,
Pi Co Bank & Trust Co.
By:Tim gknnon, Vice President
Attest:
ing from the development of this Subdivision, by the engineering, construction and completion
of physical improvements to the said road as set forth in this Agreement; and
WHEREAS, as a further condition of approval of the final plat of this Subdivision, the
Subdivider is obligated to provide security and collateral sufficient in the judgment of the County
to make reasonable provision for completion of the Subdivision Improvements, including but not
limited to off -site road improvements, referred to herein; and
WHEREAS, pursuant to Section 30-28-133(4)(a)(II) C.R.S. (1997) and Eagle County
Land Use Regulations Section 2.18.01 (4)(p) regarding School Land Dedication or cash in lieu
thereof, the appropriate fee has been determined to be $4,627.07; and
WHEREAS, pursuant to Section 2.15.05 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 - including roads,
utilities and other similar public improvements.
1.2 Scope of Work. The Subdivider hereby agrees, at its sole cost and expense, to
furnish all necessary equipment and material, and to complete all Subdivision Improvements as
referenced in the attached Exhibit "A", and as set forth in all documents, construction drawings,
designs, maps, specifications, sketches, and other materials submitted by the. Subdivider prior to
or at final plat approval and accepted by the County, and in accordance with all laws of the
United States of America, State of Colorado, County of Eagle, and their respective agencies and
affected governmental entities. Such performance shall include acquisition of all necessary
rights -of -way, either directly or as set forth in Section 4 hereof.
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 1990 Field Materials Manual as a guide for frequency of sampling and testing.
1.3.1 Construction Staking. Where applicable and by way of example only, the
following is a highlighting of the construction staking that will be required of the Subdivider:
a. Roadway - horizontal and vertical control every 50 feet or every 25 feet
in critical areas, specifically including:
-slope staking
-points of curvature
-points of tangency
-fillet radius points
-culverts
-transition points for super -elevation
-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).
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, a, gradation and Atterberg Limits test per 2000 tons of aggregate
course.
3
/OMIA.
DISTRIBUTION
Ocl�tnals to:
I . Crl ac
ot Book
2. -g2-9�
3.
4.
Copies to:
I. Accounting
2.
3.
4.
