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HomeMy WebLinkAboutC98-274 SIA_Brett Ranch PUD and Final PlatSUBDIVISION AND OFF -SITE IMPROVEMENTS AGREEMENT I.RETT RANCH PUD File No. PDF-00015 THIS SUBDIVISION AND OFF -SITE IMPROVEMENTS AGREEMENT ("Agree- ment") made and entered into this day of May, 1998, by and between Brett Ranch Holding 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 Brett Ranch (hr_reinafter referred to as "Subdivision"), desires an Agreement as provided for by C.R.S. 30-28- :: 7; and WHEREAS. pursuant to the same authority, the Subdivider is obligated to provide security or collateral sufficient in the judgment of the County to make reasonable provisions for completion of certain public improvements hereinafter described ("Subdivision Improvements"); and WHEREAS, pursuant to Section 2.20 of the Land Use Regulations of Eagle 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 hazards 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 o%%mers, 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 111111111111111111111111111111111111111111111111111 IN 887180 05/20/1998 03:46P 89 Sara Fishes 1 of 17 R 86.00 D 0.00 N 0.00 Eagle CO plc: � � �5'f��31 1:40 .AM%� /af\ 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- 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 2.15.05 of the Land Use Regulations and C.R.S. 43-?- 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 rood 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. IIIIII11111IIIBIII111IIIIIII II IIIIIIII III IIIII IIII IN 657190 09/30/1998 Od:iY 89 Svc Fisher 2 of 17 R 88.00 D 0.00 N 0.09 Eagle CO � le only, the 1.3.1 Cons ruction S1-a n . Where applicable and byway of exam ubdivider: ��'ina is a highlighting of the construction staking that will be required of the follo � .. 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, ewer and Other L'tilitie - horizontal and vertical control every 100 feet, or every 50 feet in critical areas. '� Te ling. Where applicable and by way of example only, the following is a 1.3)._ � highlighting of the acceptance testing that will be required of the Subdivider. gh � � . tility and drainage culvert trenc ackfill under oad«'a�• prisms -one a. density test per 200 C.Y. of back or a minimum of one test per roadway crossing. This will require daily visits to the site by a testing laboratory roadway when utilities or drainage culverts are being backfilled within the prism. b. �*rban kment for roadways - one density test per 2,000 C.Y. of any additional embankments). c. Finished sub -grade - one density test per 150 lineal feet of roadway. d. _Astaregate base course - one in -place density per 250 lineal feet of roadway, a, gradation and Atterberg Limits test per 2000 tons of aggregztC base course. e. t Bitumin u Pavement - two Asphalt content, gradation and in -place density tests per day's production. 3 of 17 R 88.00 D 0.00 N 0.00 Eagle CO /Awb� Cu and ('utter. Sidewalks and Bike aths - tests for air r f. (ConcreteJ slump and compressive strength per 50 C.Y. of concrete place o content, s p minimum of one set of tests per day. 1.3.3 Note icatio oad on tniction. Subdivider or his Engineer shall notify The . purpose of arranging an on -site inspection no less than forth ei� t Eagle County Engineer for the p rP (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 ite visit within the forty-eight (48) hours notification The County Engineer shall make an o -sf rolls on items 1) and 2) above and for general period for the purpose of observing P being employed at these stages. Said on -site inspection y observation of construction methodsg n no way abrogate the duties of the subdivider outlined r a the Eagle County Engineer shall i Q b arrangin; fo Agreement. The subdivider shall provide the proof rolliny else«'here in this A� ,in 18,000 pounds per rear axle. loaded single unit truck carry g ,• Water and Sewer Laterals. It is essential that the ends of 1.,.4 �� �tne sm f • he Subdivider's engineer to a minimum of three dig ergent p these laterals be witnessed by t required to be furnished Copies of these records are req �,. the and a permanent record made of the same. rovements b. County Engineer prior to acceptance of the Subdivision Imerals, a vertical witness to the Eagle C g County. In addition to witnessing of the horizontal location of these la e h drants, manholes, required. Horizontal witnessing shall be to property corners. fire re h below ground and shall be other "permanent's features. Vertical witnessing shall be base shall be shown on witness and oth p r 'on based on a datum used for the subdivision. Bench marks elevation . records. 1,,5 e t Re o All test reports shall be consecutively numbered, with copies � Engineer from the laboratory as they are reported to the furnished directly to the Eagle County Subdivider or its engineer. v'n� o ubdivision I rove ents• Record drawings, sealed, 1.3.6 Record Dray i o the as -constructed horizontalsi gned and dated by a Registered Professional Engineer showi omitted to the Eagle County _ and vertical locations of Subdivision Improvements shall d the final release of Collateral Engineer prior to completion of the two year �vlrrantY Period an by the County. 657d, - 4 e1 17 A 86.00 0 0.00 N 0.00 Eagle CO r-40hN / 13,7 Affidavit of 'lion imentati n. An Affidavit of Monumentation sealed, Professional Land Surveyor stating that the subdivision has t signed and dated by a Registered 2d of the Eagle County nted in accordance ���� §;g-51-105, C.R.S., and §2.19.01•:' r to the acceptance of bt zn monume 1 y Engineer prig d Use Regulations shall be provided to t`�e Eagle County Ens Lanv the Count the Subdivision Improvements bY• 1.4 Co liance with Color ado De artment of HighjaysAccess Code. Subdivider shall provide the County with des igns in compliance with the Colorado Department of Highways same d improvements. The designs shall be provided to the County at Access Code for all road p time as the rightof_Way map which shall be provided pursuant to paragraph 4.3. 1.5 Date f C m le tion. All Subdivision Improvements shall be completed prior to August 1, 2002. 1.6 A royal and Acce tance of Work. • test results corresponding to work which is being inspected 1.6.1 Copies of all t completion of the information which may be necessary to establish the satisfactory ction. All such and any other info inspection is requested must be submitted prior to said snverif�'ing the work for which p information shall be accompanied by a letter from the Subdividers engineer satisfactory completion of the work performed to date. 1.6.2 Notwithstanding 3 Section 1.3.above, promptly after receiving a request for ' documentation, the -County Engineer shall review the inforrmotion inspection and the required completed. presented and, if necessary, make an on -site inspection of the work comp 1.6.3 All said work shall be done to the reasonable satisfaction of the County • e artment of Community Development, and shall not be d eemed Engineer and/or the County D P complete until approved and accepted as complete by the County. • u diy' 'o I roveme t . The estimated cost of the Subdivi- 1,7 r ti aicd Costs of S e and sign Improvements is the sum of S 1, ,, ,,.9, as summarized in Exhibit "All. To com rletion of its obligations as set forth in this Section 1, including, the security and guarantee performance agrees to provides tY • rovements, the Subdivider hereby a of the required Subdivision improvements forth in SF �tion 2, below. collateral in the form and as s I111111111111111111111 HIMi11111111111111111111111111 5 of 17 R 86.00 C 0.00 N 0.00 Eagle CO 2. SECURITY and COLLATERAL. 2.1 Cold• Security 't and Collateral required in Section 1.7 h :rein, as security for the ivider of its obligations under this Agreement. shall be in the total amount performance by Subd plat restriction in ,559.?90.95. The Subdivider shall obtain collateral in the form of a of$l, substantially the following form: Plat Note: No lots within this Subdivision shall be sold, transferred or otherwise lots veved -nor shall any building permit be issued by Eagle County for the con . - until all of the improvements required under the Subdivision Improvements tplace A`r eement recorded at Reception No. are either(a) approved b Eagle County, or (b) collateralized in the form as described ie t- and appro y the Subd ivision Improvements Agreement and Land Use Regulations and accept- able to Eagle County to secure the performance of the obligations as described the the Agreement. This Plat Note shall only be released in accordando umentation procedures set forth in Eagle County Resolution No. 95 35. Any denoting the release of the Plat Note shall be recorded in the Eagle County Clerk and Recorder's Office. ' $15,000.00 2.1.1 Are— A --Trail Senment. Subdivider will pay to the County cul-de-sac in before issu ance of the first building permit in lieu of constructing a bike pat cul-de-sac of a bike Area A to eastern PUD boundary). County will use that money solely for construction path() s ,either in this Subdivision or elsewhere at County's election. the County for the release of to �,� Partial Release of Collateral. Subdivider may apply a with this Agreement. To portions of the Collateral based upon work completed in accordancto e inspect the work in order to make such releases. Subdivider shall request the County Engineer in accordance with verify satisfactory completion in accordance with plans and specifications Section 1.6. lease of C o 1laterallWarranty. Within thirty (30) days after Subdivider has 2.� pinat Re roved and completed all of the work required by this Agreement and the work has been n amount equal to by the County, the entire remaining amount of the Collateral, less shall be responsible accepted ten percent (10%) of the original Collateral. shall be released. Subdivider ears after complete �n; for the condition of the Subdi•. ision Improvements for a period o set forth above, or Subdi- this shall be guaranteed either through the retention of Collateral, acce table to the County -which vider may provide a guarantee bond in an amount and in a foe Collateral. would be substituted for the release of the entire amount of th 1111111111111111111111111111111111111111111111111 IN 6 of it R B8.00 D 0.00 N 0.00 Eagle CO 149%\ 1Oak\ 2,4 Substitution •f otlateral_. The Subdivider may at any time substitute the Collateral with the County herein, for another form of collateral acceptable to the herein originally deposited wit . �- the faithful completion of the Subdivision Improvements referred to air an County, to guarant � e . and the performance of the terms of this Agreement. At the time of substitute. �n of collateral, inflationary an Price d,'or deflationary factor based upon the Denver -Boulder, ColoradoConsumer of Labor Index for All Urban Consumers. All Items (1967=100) published b the U.S. Bureonstruction cost index, shall be used to Statistics, 303-837-2467, or, alternatively, an approved ed cost for all Subdivision Improvements as described herein, and determine an adjusted estim sl coll ateral shall be submitted by the Subdivider in accordance therewith. 2.5 Draws. D .. yaws against the Collateral shall only be made as directed by written t and that a sum c q Resolution of the County, stating that there has been an event of default under this Agrmenen ertain is re uired to remedy the default. Any amount drawn on the Collateral must be applied for the purpose of completing the work required by this Agreement andrelated expenses and costs. . ents of Defaul . The following events shall be deemed "Events of Default," 2.6 E�� entitling the County to draw on the Collateral: r.6•l If Subdivider has not completed the work required by this Agreement ten • 30 days prior to the Date of Completion set forth herein, the Counamountmay, after sufficient to within thirty ( ) working days written Notice to Subdivider, draw upon the Collateral an expenses related to (10) ��ork S complete said work and compensate the County for its reasonable costs an said draw. 2.6.2 If the orig inal 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 n thissl � u diri er's responsibility, with or without notice, to ensure that I to the he Section .... It is Collateral is extended, or that substitute collateral is provided in a form accepts County, at least ten days prior to its expiration. isAgreement Agre 2.6.3 If the Collateral is substituted, as otherwise provided herein, this Agre , may be amend ed or modified in order to set forth specific Events of Default deem ary, in the Count.'s sole discretion, commensurate with the type of collateral substituted. 1• 2.7 C Gist and •. ense . Subdivider agrees to pay any costs and expenses, ir�-iuding but es which the County may incur in determining to Lecept collateral, in not limited to legal fees, drawing upon the Collateral, or in accomplishing an extension of its expiration. dra � P 111111111111111111111111111111111111111111111111111 IN T�i5f) R 88.0990 0.005N 0�00 Eagle /0"WAk p**N d. In addition to the Collateral described herein, thetrac- 2,3 Materials and Payment Bon of County a lviaterials and Payment Bond to ensure that all con Subdivider shall provide to the Coun . en are aid. Such bonds shall conform with the requirements from a`.i tors. suppliers and matenalm P •, � Colorado Revised Statutes. Subdivider shall also retprticle, and further shall Title �8, Article _6, C as required by said lov ed for Subdivision improvements ► to ensure proper Notice of Final Settlement and Retention contractors emp Attorney coordinate with the County of Funds, as required. 3 .-IVS1 IZA.N E and I?`DE1 IFI .�TI4'v. • r shall in and hold the County harmless fromla y 3.1 Ind,.; mn'fication. Subdivide with County by any contractor, subcontractor, materialme. employee. and all claims made against the C to comply r agent or representative involved in the work necessary of the activities independent contractor, g t or on account of any other claims against the County because and hold this Agreement. This in conducted in furtherance of the terms of this Agreeor costs incurred by the County - harmless legal expenses harmless provision shall include anyor Insurance. The Subdivider shall secure from any contractor of 3.2 Certificate of Ins comply with this Agreement a Certificate eindividual subcontractor engaged in the work necessary to comp , -- ' ' v protection in the minimum amount of S 150,000 The Insurance providing for liability p e naming the County as an additionally named insured. rovide and $6007000 per occurrence, rovements, s p • 'f it serves as the contractor for the Subdi�-ision Ime al contractor. Said limits shall Subdivider, i in the same form and amounts as required of the ado Governmental Immunity Act, insurancechanged limits in the Colo be adjusted to comply with any ce Title ?4, Article 10, Colorado Revised Statutes. employee officer or -► iir ?`o Liability. The County shall not, nor shall any yor occurring to the 3., County Inc happening or responsible for any accident. loss or damage ha Bement prior to the comple- thereof: be liable Subdivision Improvements specified in this Agreement P ee thereof, be Subdivision and/or officer or employ and acce tance of the same: nor shall the Coua ty, v°ie�ons of the nature of said work on tion a P injured or damaged b, liable for any persons or property liabilities shall be and are hereby assumed by the the Subdivision Improvements, but all of said Subdivider. The Subdivider hereby agre es to indemnify and hold -harmless the County and any against any losses, claims, damages or liabilities for wan loy ees become subject to, insofar as y of its officers, agents and employees out of or are based the County or any of its officers, agents, or employees in respect thereof) arise such losses. claims. damages or liabilities (° ewer: and the Subdivider shall reimburse the upon any performance by the Subdivider h expenses incurred by the County in connection with P y and all legal and other County for an, s, claim. damage- liability or action. This indeYnnity investigating or defending any such los . 'on to any other liability which the Subdivider may have. provision shall be in addition 1111111111111111111111111111111111111111111111111111111 Fisher - 657130 0g/86/00gD 0300 N Sara CO 8of 17R EOMN, AI&I\ 4. IONDEMNATI4_N_. 4.1 i�ht-of-�Vav ?►c u' ition_. It shall be the responsibility of the Subdivider to secure 1 necessary land rights -of -way or easements for the construction of the required off-si'e any and all , improvements.. and to have them deeded to the County. The exact location of the subdivisionP right-of-wa for the proposed off -site Subdivision Improvements shall be negotiated between the nY ` Subdivider, property owner, and the Board; in case of the failure of the parties to agree, t Board shall determine the location of the right-of-way. ri _hts- 4.2 Condemnation. Should Subdivider be unable to secure the necessary lands, ig the of -way or easements for the off -site Subdivision Improvements required by this Agreem , Subdivider: 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 re uired for the public health, safety and welfare; it shall assist the Subdivider in q fulfilling its obligation under this contract, by using its power of eminent domain. b. Shall secure. after 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' tees, 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 In prosecuted by the County Attorney or Special Counsel retained by the Board addition. the Subdivider shall pay I) any deposit necessary for the Count to he secure immediate possession of the property, and/or 2) the final award to property owner. f. The County agrees to diligently and timely pursue said condemnation in accord with the requirements of this Agreement. 4.3 i(ht-of-Wav via . A right-of-wav map is not necessary for this Subdivision. 9el5il�R/�/0� �00gN E800a[� I�Fisher ?Odft\ ?gob,\ 5. GENERAL PROVISIONS. The following shall apply to all Subdivision Improvements, including off -site improvements, set forth in this Agreement: 5.1 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. 5.2 Downpavment Assistance. Subdivider will offer down payment assistance to the initial buyers of units in Area A of a maximum of $6000.00 or 4% of the purchase price, whichever is less, in the form of a loan for a definite term, accelerated upon the sale, refinancing or renting of the unit. Down payment assistance loans will be payable to Eagle County to finance housing programs only. Subdivider's liability shall not exceed the total amount of those loans or $200,000.00, whichever is less. 5.3 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. 5.4 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. 5.5 Approval of Final Plat. The County agrees to the approval of the final plat of this Subdivision, subject to the terms and conditions of this Agreement. 5.5.1 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 Eagle County Land Use Regulations Illllll tl 1 IIIIIII II illlllll III i 11111111 Illl 111111 illil I Fisher 89 Sara 637130 0g/20/1998 03.45P 10 of 17 R 86.00 D 0.00 N 0.00 Eagle CO /OM\ 5.6 Amendment and ?modification. The parties hereto mutually agree that this Agree- ment may be amended or modified from time to tir ie, provided that such amendment or modification be in «Titing and signed by all parties hereto. 5.7 �+.ssignability. This Agreement shall be enforceable against the Subdivider, art of the provided, however, that in the event the Subdivider sells, transfers or assigns all or a ortion of subject Subdivision, the obligations of the Subdivider under this Agreement as to th pthe the subject Subdivision may be assumed in writing 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 County gives its prior written approval to such assumption following an investigation of the financial condition of the PP or otherwise purchaser. The Subdivider shall not otherwise assign, transfer, convey, pledge dispose of this Agreement without prior written consent of the County, which consent shall not be unreasonably withheld. 5.8 Binding upon Successors. This Agreement shall inure to the benefit of and be binding upon the parties hereto, their respective successors, and assigns. ed 5.9 col= espon i ility of Subdivider Prior to County A.ccentance. It is further ..g.e.. and unde rstood that at all times prior to the completion and acceptance of the off -site Subdivision ccepted as Improvements set forth herein by the County, each of said improvements not a 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 on Uniform Traffic Control Devices for Streets and Highways as prepared by the U.S. Department of Transportation, Federal Highway Administration. 6.10 No Right 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 becau rein. y conditions contained he breach hereof or because of any terms, covenants, agreements or 6.20 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. 111111111111111111111111111111111111111111 mill III IN 7190 09/2¢/1e9e 03.45P Be Sara Fisher 11 of 17 P 88.00 D 0.00 N 0.00 Eagle CO A IN WITNESS WHEREOF, the parties hereto have executed this Agreement this day of May, 1998. 11 �• � ATTFS�: Clerl; to the Board of County Commissioners STATE OF COLORADO ) ) ss. County of Eagle ) COUNTY OF EAGLE, STATE OF COLORADO, By and Through -Its BOARD OF Ob-INITY IS y: es E. Jo r., Address for iving noti e: P.O. Box 850 Eagle. CO 81631 v (303) 328-8685 SUBDIVIDER: BRETT RANCH HOLDING LLC, A COLORADO LIMITED LIABILITY COIMPANY By: Osprey Development LLC, a Colorado Limited Liability Company, as Manager of Brett Ranch Holding LLC v By: Michael A. utter, Authorized Signatory Address for giving notice: P.O. Box 988 Edwards. CO 816 Phone: 970-926-3500 --� The foregoing was acknowledged before me this '=day of May, 1998, by Michael A. Mutter, as Authorized Signatory for Osprey Development LLC, a Colorado Limited Liability-Z6rhpany, Manager of Brett Ranch Holding LLC. G. ''� •T E�:S my hand and official seal. ' • p-' �ec�3r�ssion expires�'�..z.���•_ �-�}- -• File vn 9i�4T Notary Public I Hill nisi 11111111111111111111111111111111 Ili IIIIII III IN 63/190 05/30/1988 03.09P 88 Sara Flake' 12 N 17 R 88.00 0 0.00 N 0.00 Eagle CO Brett Ranch P.U.D. - Area D Schedule 1 - Onsite Improvements 4/22/98 Item No. 1 item Description Units Quantity I Unst Price I Total Cost 1.0 (EARTHWORK Unclassified Excavation CY 3.087 $4.75 $14.683.25 $9,932.25 $4,262.40 Inolace Embankment CY 2.337 $4.25 lRevegetation SY 7,104 $0.60 . - 2.0 I ROADWAY $400.00 Signaae EACH 2 S200.00 Brett Trail South 3.5" Asphalt Paving TONS 920 $41.50 $38.180.00 $30.621.25 8" Class 6 Road Base TONS 2.227 $13.75 Gaurdrail LF 195 $45.00 $8.775.00 $5,100.00 Boulder Wall LF 60 $85.00 Private Drive 13.5" Asphalt Paving 154 $41.50 $6,391.00 $3,616.25 $5,950.00 --TONS 6" Class 6 Road Base TONS 263 $13.75 Boulder Wall LF 70 $85.00 3.0 WATERLINE Fire Hydrants EACH 4 1 S29500.00 $10.000.00 Tees & Crossings EACH 0 $1.500.00 $0.00 8" DIP Water Line LF 1.645 $50.00 $82.250.00 4.0 SANITARY SEWER SYSTEM 533.34G.00 8" PVC Main Line LF 1.667 $20.00 Sewer Manhole EACH •16 $1.400.00 $22.400.00 5.0 IDRAINAGE 18" CMP LF 695 $30.00 $20,850.00 $1.800.0.0 Drop Manhole EACH 1 $1.800.00 R-3382Inlet EACH 1 S2.250.00 $2.25?.00 $300.00 $1.950.00 $707.00 $1,750.00 Headwall EACH 1 $300.00 Flared End Section EACH 13 $150.00 Lower Culverts LF 101 $7.00 Detention Ponds(outlet) EACH 1 $1,750.00 6.0 ISHALLOW UTILITIES Electric lines(4" line) LF 1.999 $17.50 334.982.50 Gas Main LF 2.168 $15.00 532.520.00 Telephone Lines 'LF 1.570 S10.00 $15,700.00 Cable TV LF 1.570 $12.00 $18,340.00 7.0 I EROSION CONTROL $8,186.50 $84.00 $3.000.00 Silt Fence LF 2.339 $3.50 Ha bales EACH 6 $14.00 (Vehicle Tra.king Control LS 1 2 $1,500.00 I I"III "III "I'lll "I II�II'I"III�I'll III "III' I'I I"I 667180 05/20/1998 03:48P 89 Spa Fisher 13 of 17 R 86.00 D 0.00 N 0.00 Eagle CO E_�iIBIT A J;XCqp`pRgWINGS\506001FILES\,506000UAN.XLS PAGE 1 OF 5 Brett Ranch P.U.D. - Area D Schedule 2 -improvements within the CDOT Right -of -Way 4122/98 Item No. Itf:m Description Units Quantity Unit Price Total Cost 1.0 J EARTHWORK 55.932.75 $7.968.75 $2.736.00 $581.00 Unclassiried Excavation CY 1,249 $4.75 Inolace Embankment CY 1.875 $4.25 Revegetation SY 4,560 $0.50 2.0 ROADWAY RoadwayCut 1.5" Asphalt OverlayTONS 14 $41.50 Flow Fill CY 245 $20.00 $4,900.00 Bike Path 3.5" Asphalt PavingTONS 547 $41.50 $22.700.50 Class 6 Road Base EACH 966 $13.75 g13.282.50 Signa a Extend 18" CMP I EACH LF 13 31 $200.00 $30.00 $2,600.00 $930.00 4' Boulder Wall LF 87 $ 85.00 $7,395.00 3.0 WATERLINE Fire Hydrants EACH 0 $2.500.00 $0.00 Tees & Crossings 18" EACH 2 31,500.00 $3,000.00 DIP Water Llne LF 609 $50.00 330.450.00 4.0 SANITARY SEWER SYSTEM 8" PVC Main Ltne LF 329 $20.00 $6.580.00 Sewer Manhole EACH 1 1 31,400.00 $1.400.00 5.0 DRAINAGE • 24" CMP LF 59 $38.00 S2.242.00 Drop Manhole EACH 1 $1.800.00 $1.800.00 Flared End Section EACH 1 $150.00 5150.00 6.0 ISHALLOW UTILITIES Electric lines(4" line) LF 467 $17.50 $8,172.50 Gas Main LF 213 $15.00 $3.195.00 Teleohone Line LF 502 $10.00 $5,020.00 Cable TV LF 502 $12.00 $6,024.00 'TOTAL-- $137,060.00 7�/18'8W 1111111111111111111111111111111111111111111111111111 IN 1��11R 0000.00x0.09 ¢.YID CO EXHIBIT A J:1CAD\DRAWINGS1506001FiLES1506000UAN.XLS PAGE 2 OF 5 ��4� Brett Ranch P.U.D. - Area A Schedule 3 - improvements in Lake Creek Village Dr. Right -of -Way 04/22198 item No. I Item nescripiion units quantity unit mr-a i uaaw��• 1.0 JEAKTHWORK Remove Topsoil C.Y. 1,975 $6.75 $13.331.25 Unclassified Excavation C.Y. 601 54.75 .52.854.75 lnolace Embankment C.Y. 1.185 $4.25 $5.036.25 Revegetation S.Y. 2.858 $0.60 $1.714.80 2.0 IROADWAY Concrete Curti & Gutter LF. 2.228 $14.75 532.863.00 3.5" Asphalt Paving TONS 508 $41.50 $21.082.00 $1.5.441.25 8" Class 6 Road Base TONS 1.123 313.75 3.5" Asphalt Path TONS 177 $.41.50 $7.345.50 6' Cross Pan 2 LF. 44 $16.00 $704.00 Signage EACH 6 1 $200.00 $1,200.00 3.0 IDEMOUTION Existing Asphalt S.Y. 3.447 55.00 S17.235.00 Sawcut Asphalt LF. '197 $1.00 $197.OG Curb & Gutter LF. 218 $10.00 $2.180.00 4.0 WATERLINE Off -site Fire Hydrants EACH 2 $2.500.00 $5.000.00 Reducer EACH 1 $1.200.00 31.200.00 Tees & Crossings EACH 2 $1.500.00 S3.000.00 8" DIP Water Line LF 1,068 $50.00 S53.400.00 Tw��iw+ e4 Rq 7Bii_R� iimiinii ni ioiiinm imin iii lit Sara iiing iiiiigin t5 Of t] R 86.00 D 0.09 N 0.00 Eagle CO EXHIBIT A J;1CADiDRAWINGS1506001F1LES1506000UAN.XLS PAGE 3 OF 5 Brett Ranch P.U.D. - Area A Schedule 4 - Improvements off --site 4122198 Item Description Units Quantity Unit Price Total Cost SHALLOWUTILITIESElectriclines 173 810.00 4' line hone lines LF 173 S1Cable 51.730-50 .00Tele R2.0 TV lines LF LF 173 555 �12.00 $15.00�8.325.00SANITARY 32.025.00Gas Main SEWER 8" PVC Sanitary Sewer LF 1 168 -00 TOT $1.8 51.8 50 IIIIII IIIII IIIIIII III IIIIIII II llllltll III IIIIII III IIII !00 89 Sara Fisher 8 of 1TR 98.00 D 0.X 0.00 Eagle CO EX MIT A J;ICADIDRAWINGS\.506001FiLES\508000UAN.XLS PAGE 4OF5 Brett Ranch P.U.D. - Area A Schedule 5- improvements 4nsite 04122198 III IN 17Tof017sR2861008D 0.00PN80:00'Eagle CO _ EXFIIBTT A PAGE 5 OF 5 J:\CADNDRAWINGSX50600\FiLES150600(2UAN.XL.S