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Home My WebLink AboutR01-121 final release of collateral for River Pines Subdivision7fi7 Page : 1. 20 09/20/2001 09:49A Sara J Fisher Eagle, CO 370 R 0.00 D 0.00 COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2001 AUTHORIZING FINAL RELEASE OF COLLATERAL AND TERMINATION OF THE WARRANTY PERIOD FOR RIVER PINES SUBDIVISION WHEREAS, pursuant to C.R.S. §30 -28 -137, the Board of County Commissioners of the County of Eagle, State of Colorado ( "County ") entered into a Subdivision Improvements Agreement dated February 2, 1998 ( "Agreement ") with Protrust River Pines, LLC ( "Subdivider ") as a condition of approval of the final plat for River Pines Subdivision; and WHEREAS, both the Subdivider and the Eagle County Engineering Department state that the public improvements required by the Agreement is complete and acceptable. The Engineering Department recommends full release of the collateral and the termination of the Subdivision Improvements Agreement (PDA- 0008), Exhibit "A ", attached hereto and incorporated herein by this reference. Based upon the oral and written recommendations of the County staff, THE BOARD FINDS that the Subdivider's obligations under the Agreement have been satisfied; and WHEREAS, the warranty period required by the Subdivision and Public Improvements Agreement expired on July 9, 2001; and WHEREAS, by Eagle County Consent No. 98 -02, Subdivider was granted a first partial release of collateral, reducing the amount of collateral held by the County from $347,452.00 to $188,438.20; and WHEREAS, by Eagle County Consent No. 98 -29, Subdivider was granted a second partial release of collateral, reducing the amount of collateral held by the County from $188,438.20 to $106,020.70; and WHEREAS, by Eagle County Consent No. 99 -18, Subdivider was granted a third partial release of collateral, reducing the amount of collateral held by the County from $106,020.70 to $44,004.40; and WHEREAS, by Eagle County Consent No. 2001 -07, Subdivider was granted a fourth partial release of collateral, reducing the amount of collateral held by the County from $44,004.40 to $34,745.20. Cl NOW, THEREFORE, BE IT AUTHORIZED BY THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, based on the recommendation of the County Engineer and the Attorney the Board authorizes the full and final release of collateral in the amount of $34,745.20, and the termination of the Subdivision and Public Improvement Agreement for the River Pines Subdivision. THAT, this document shall be recorded in the Records of the Eagle County Clerk and Recorder, which shall be evidence that the warranty period for the River Pines Subdivision has been successfully completed and that the Subdivider's obligations under the Agreement are complete. THAT, the Letter of Credit, No. S801340 isssued by Norwest Banks be returned. MOVED, READ AND ADOPTED by the Board of County Commissioner oft the County of Eagle, State of Colorado, at is regular meeting held the / day � of 2001. 0 uu � ` COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its oa �� CHA[RMAN TO THE BOARD OF COUNTY COMMISSIONERS ATTEST: 4 B: By: A ra J. Fisher, Cler T C. Stone to the Board of Chairman County Commissioners By: Michae . Ga la e Commissioner By: Am M. Menconi Commissioner Page: 2 of 20 09/20/2001 09:49A Sara J Fisher Eagle, CO 370 R 0. 00 D 0.00 C" 0 f Commissioner ' seconded adoption of the resolution. The roll having been called, the vote was as follows: Commissioner Tom C. Stone Commissioner Michael C. Gallagher Commissioner Am M. Menconi This resolution passed b to of the Board of County Commissioners of the County of Eagle, State of Colorado. Page: 3 of 20 09/20/2001 09:49A Sara J Fisher Eagle, CO 370 R 0. 00 D 0.00 GAParalegal \Consent\River Pines Final Release.wpd -3- Exhibit "A" idl InElfr-WRTMIN-11 IMINST III I 01 111111 11M 11 00111 634082 09/24/.1997 0127; 8738 P100 1 of 17 R 0.00 D 0.00 Sara J Fisher, Eagle, CO SUBDIVISION AND OFF -SITE IMPROVEMENTS AGREEMENT RIVER PINES File No. PDF 0008 THIS SUBDIVISION AND OFF -SI E IMPROVEMENTS AGREEMENT ( "Agree- ment") made and entered into this 6. _ day of September, 1997, by and between Protrust River Pines, L.L.C. 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 River Pines (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 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 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 not impact an existing County road; and 767821 09 09:49A EXHIBIT Sara J Fisher Eagle, CO 370 R 0.00 D 0.00 Ajj 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 c(.=mpletion of the Subdivision Improvements, including but - lot limited to off -site road improvements, referred to herein; and WHEREAS, pui uant to Section 2.15.05 of the Land Use Regulations and C.R, ). 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. - --------- - 212 0 =111 MMIII 634032 09/24/1997 01:27P 8738 P100 2 of 17 R 0.00 D 0.00 Sara J Fisher, Eagle, CO 11 111111 11 11 11 1 1 1 11 1 1 1111 1 1 1 11 11 1111 1 1 11 11 .sfiB2 �i o?:.ae Sara J Fisher Eagle, CO 370 R 0. 00 D 0.00 C- C____") 1.3.1 Construction Staking Where applicable and by way 4 example only, the following is a highlighting of the construction staking that will be required of the Subdivider: a. Roadway - horizont; .1 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 byway 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 minim 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 base course. e. Hot Bituminous Pavement - two asphalt content, gradation and in -place density tests per day's production. I 634052 09/24/1997 01 :27P B738 P100 3 of 17 R 0.00 D 0.00 Sara J Fisher, Eagle, CO IINIIII II II IIII�IIII III 1 111 l it a Sara J Fisher Eagle, CO 370 R 0. 00 D 0. f. Concrete - Curb and Gutter, Sidewale3 s and Bikepaths - .tests for air content, slump and compressive strength per 50 C.Y. of concrete placed or minimum of one set of tests per day. 1.3.3 Notification/Road Construction Subdivider or his Engineer shall notify the Eagle County Engineer for the purpose of arranging an on -site inspection no less than forty -eight (48) hours in advance of the following stages of road construetion: 1) Finished subgrade 2) Finished Aggregate Base Course 3) Asphalt Placement. 4) Concrete.- Curb and Gutter, Sidewalks and Bikepaths The County Engineer shall make an on -site visit within the forty -eight (48) hours notification period for the purpose of observing proof rolls on- items 1) and 2) above and for general observation of construction methods being employed at thesb 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 Record Drawings of Subdivision Improvements 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 Collateral by the County. _ 7fi782 1 Page: 7 of 20 09/20/2001 09:49A Sara J Fisher Eagle, CO 370 R 0.00 D 0.00 4 y 634052 09/24/1997 01:27P 8738 P100 4 of 17 R 0.00 D 0.00 Sara J Fisher, Eagle, CO 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 §2.19.01.2d of the Eagle County 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 o f Highways Access Code Subdivider shall provide the County with designs in compliance with the Colorado Department of Highways Access Code for all road improvements. The designs shall be provided to the County at the same time as the right -of -way map which shall be provided pursuant to paragraph 4.3. 1.5 Date of Completion. All Subdivision Improvements shall be completed prior to August 31, 2000. 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 $347,452.00, as summarized in Exhibit "A ". To secure and guarantee performance of its obligations as set forth in this Section 1, including the completion of the required Subdivision Improvements, the Subdivider hereby agrees to provide security and collateral in the form and as set forth in Section 2, below. I) 634052 09/24/1997 01:27P 8738 P100 3 of 17 R 0.00 D 0.00 Sara J Fisher, Eagle, CO G y II1ryIIryII � q1XIII1ryI p I1 I q 1 � q 1 N 767 82 I411IIIIIIIItlII1IIIIIIIIIIIIIII I111I IIIIIIIIIII Page :B e of 20 °: a re na a 370 R Sara J Fisher Eagle, CO 2. SECURITY and COLLATERAL. 2.1 Collateral Security and Collateral required in Section L7 herein, as security for the performance by Subdivider of its obligations under this Agreement, shall be in the total amount of $347,452.00. The Subdivider shall o�tain collateral in a form acceptable to the County ( "Collateral ") prior to signing of the final plat and in a form acceptable to the County Attorney. . 2.2 Partial Release of Collateral Subdivider may apply to the County for the release of portions of the Collateral based upon work completed in accordance with this Agreement. To make such releases, Subdivider shall request the County Engineer to inspect the work in order to verify satisfactory completion in accordance with plans and specifications in accordance with Section 1.6. 2.3 Final Release of Collateral/Warra .• Within thiM. (30) days after 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 Subdivider 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 Collateral The Subdivider may at any time substitute the Collateral originally deposited with the County herein, for another form of collateral acceptable to the County, to guarantee the faithful completion of the Subdivision Improvements referred to herein and the performance of the terms of this Agreement. At the time of substitution of collateral, an inflationary and/or deflationary factor based upon the Denver- Boulder, Colorado Consumer Price Index for All Urban Consumers, All Items (1967 =100) published by the U.S. Bureau of Labor Statistics, 303 - 837 -2467, or; alternatively, an approved construction cost index, shall be used to determine an adjusted estimated cost for all Subdivision Improvements as described herein, and collateral shall be submitted by the Subdivider in accordance therewith. . 2.5 Draws 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. I �I 634032 09/24/1997 01:27P 8738 P100 6 of 17 R 0.00 D 0.00 Sara J Fisher, Eagle, CO 6 78782'1 09/20/2001 @9:4911 D @.00 Sara J Fisher Eagle, 0.0@ CO 370 R r° t t 2.6 Events of Default The following events shall be deemed "Events of Default," entitling the County to draw on the Collateral: 2.6.1 If Subdivider has not completed the work required by this Agreement within thirty (30) days prior to the Date of Completion set forth herein, the County may, after ten (10) working days written Notice to Subdivider, draw upon the Collateral an amount sufficient to complete said work and compensate the County for its reasonable costs and expenses relat --d 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 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 Costs and Expenses. Subdivider agrees to pay any costs and expenses, including but not limited to legal fees, which the County may incur in determining to accept collateral, in drawing upon the Collateral, or in accomplishing an extension of its expiration. 2.8 Materials and Payment Bond. In addition to the Collateral described herein, the Subdivider shall provide to the County a Materials and Payment Bond to ensure that all contrac- 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. If Emilio 01101 634082 09/24/1997 01:27P 8738 P100 7 of 17 R 0.00 D 0.00 Sara J Fishe Eagle, CO IIINIII�I�IIIIIIAIIIIIIIInIIInIiIIIINIIIIIIIII Ma;. Sara J Fisher Eagle, CO 370 R 0.00 D ��.. °M 634032 09/24!1997 01:27P 8738 0100 8 of 17 R 0.00 D 0.00 Sara J Fisher, Eagle, CO 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 r:: >ntractor., agent or representative involved in the work necessary to comply with this Agreeme�i t, or on account of any other claims against the County becaus of the activities conducted in furtherance of the terms of this Agreement. This indemnification and hold harmless provision shall include any legal expenses or costs incurred by the County. 3.2 Certificates 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 $150,000 per individual and $600,000 per occurrence, naming the County as an additionally named insured. The Subdivider, if it serves as the contractor for the Subdivision Improvements, shall provide insurance in the same form and amounts as required of the general contractor. Said limits shall be adjusted to comply with any changed limits in the Colorado Governmental Immunity Act, Title 24, Article 10, Colorado Revised Statutes. 3.3 County Incurs No Liability The County shall not, nor shall any officer or employee thereof, be liable or responsible for any accident, loss or damage happening or occurring to the Subdivision and/or Subdivision Improvements specified in this Agreement prior to the completion and acceptance 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 any losses, claims, damages or liabilities for which the County or any of its officers, agents, or employees may become subject to, insofar as any such losses, claims, damages or liabilities (or actions in respect thereof) arise out of or are based upon any performance by the Subdivider hereunder; and the Subdivider shall reimburse the County for any and all legal and other expenses incurred by the County in connection with investigating or defending any such loss, claim,. damage, liability or action. This indemnity provision shall be in addition to any other liability which the Subdivider may have. 4. CONDEMNATION 4.1 Right -of -Way. Acquisition No off -site improvements are required for this Subdivision; therefore, Subdivider is not required to obtain rights -of -way or easements for the construction of off -site improvements. IIN, IIIUIIIIIIIUI�InIII. IIIIINIIIIIhllllllllllnl .;;6ra';:�,aa .c _pi fill 511OLin ML 0 MU=M 0 -ME 634052 09/24/1997 I 01:Z7P 8738 P�a0 9 of 17 R 0.00 D 0.00 Saga J Futter, Eagle, CO 4.2 Condemnation Condemnation proceedings will not be necessary for this Subdivision. 4.3 Right-of-Way Map A right -of -way map is not necessary for this Subdivision. 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 of the Subdivision Improvements referred to herein. 5.2 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. 5.3 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. 5.4 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. 5.4.1 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 Eagle County Land Use Regulations r5 IIIIIIIIIIII II IIIIIIIIIIII .i °ve 12 of Sara J Fisher Eagle, CO 370 R 0.00 D i' 5.5.. Bridge Construction Contribution. As a condition of final plat approval, Subdivider hereby agrees to contribute $50,000:00 towards the construction of a pedestrian bridge across the Eagle River. Said bridge shall be located at the east end of the Riverwalk open space to the Berry Creek Fifth or Reserve Property ort the northeast side of the Eagle River. The $50,000.00 is to be deposited in the office of the Eagle County Treasurer, to be posted to the appropriate Road and Bridge Account. 5.6 Amendment and Modification The parties hereto mutually agree that this Agreement may be amended or modified from time to time, provided that such amendment or modification be in writing and signed by all parties hereto. 5.7 Assignability This Agreement shall be enforceable against the Subdivider, provided, however, that in the event the Subdivider sells, transfers or assigns all or part of the subject Subdivision, the obligations of the Subdivider under this Agreement as to that portion of the subject Subdivision may be assumed in writing by the purchaser 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. 5.8 Binding =on Successors This Agreement shall inure to the benefit of and be binding upon the parties hereto, their respective successors, and assigns. 5.9 Sole Resl2onsibility of Subdivider Prior to County Acceptance It is further agreed and understood that at all times prior to the completion and acceptance of the off -site Subdivision Improvements set forth herein by the County, each of said improvements not accepted as complete shall be under the sole responsibility and charge of the Subdivider. When it is 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. I INE111 1 1 -No" I ]EN111 Sol mill 634052 09/24/1997 01:27P 8738 P100 10 of 17 R 0.00 D 0.00 Sara J Fisher, Eagle, CO 10 Page: 13 of 20 09/20/2001 09:49A Sara J Fisher Easie, CO 370 R 0. 00 0 0.00 C1 I C J 5.10 No Rights to Third Parties This Agreement does not and shall not be deemed to confer upon or grant to any third party any right to claim damages or to bring any lawsuit, action or other proceedings against either the County ur its officers, employees or agents because of any breach hereof or because of any terms, covenants, agreements or conditions contained herein. 5.11 Notice Notice rep j aired pursuant to the terms of this Agreement shall be deemeu given on the day that the same is placed in the United States Mails, postage prepaid, certified or registered mail, return receipt requested. IN WITNESS WHEREOF, the parties hereto have executed this Agreement this day of September, 1997. ATTEST: 3 . COUNTY OF 4AGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS Y Johnnette Phillips, Chairman Address for giving notice: P.O. Box 850 Eagle, CO 8163.1 (303) 328 -8685 By: Clerk to the Boarld of County Commissioners "oil's 1 6116KI1 1 is I-tEnill amill Emilio 01101 1110 51111 111 111111 111 11P 634032 09/24/1997 01:27P 8738 P100 11 of 17 R 0.00 D 0.00 Sara J Fisher, Eagle, CO ,,vBDIVIDER: PROTRUST RIVER PINES, L.L.C. a Colorado limited liability company ti By: Name: fo 6e Fair Title: Authorized Representative Address for giving notice: 5575 DTC Parkway, Suite 320 Englewood, CO 80111 Phone: 9 �� Page: 14 of 20 09/20/2001 09:49A Sara J Fisher Eagle, CO 370 R 0. 00 D 0.00 C C STATE OF COLORADO ) ) ss County of Eagle ) The fort going was acknowledged before me this day of September, 1997, by John G. Fair a4 .uthorized representative for Protrust River Pines, L.L.C. a Cu_'�irado limited liability company. WITNESS my hand and official seal. My commission expire 2� Notary ublic 11111 Emilie 01121 join Ellie 011111111- 11LAR 634032 09/24/1997 01:27P 8738 P100 12 of 17 R 0.00 D 0.00 Sara J Fisher, Eagle, CO 76782 Page: 15 of 20 09/20/2001 09:49A Sara J Fisher Eagle, CO 370 R 0.00 D 0.00 File No. 97 -90 12 J l "_AOINEERS OPINION OF PRO � E COST PROJECT: RIVER PINES DATE: IMPROVEMENT- SANITARY SEINER BY. SHEET 1 OF S 9/3197 ! GT y PRD8ABLE IMPROVEMENT TOTAL COST TOTAL ; 2' -1,032 634032 09/24/1997 01:27P 8738 P100 13 of 17 R 0.00 D 0.00 Sara J Fisher, Eagle, CO 767821 Pa f 09/20/2001 r.®17trA Lw. F Sara J Fisher Eagle, CO 370 R 0.00 D 0.0 3. 0 ConinWiinq Enginews . "nd surwwfar: "MrARy SE14ER 81. wKv • a.uer r rMGENCY Sb F C) NGINEERS OPINION OF PRO JLE COST SHEET Z OF 5 PROJECT, RIVER PINES DATE: 9/3/97 IMPROVEMENT: WATER BY: i rrr y PR08ABLE 161RROVENENT TOTAL, COST TOTAL S 42,850 111111 1111111 11111111131 111 Raisin ... long Emilio 11111 111 Iff 634052 09/24/1997 01:27P 8738 P100 14 of 17 R 0.00 D 0.00 Sara J Fisher, Eagle, CO 767821 Page: 17 of 20 C� , unQ Surv*yor� Sara J Fisher EasIe, CO 370 R 0.00 09/20 D 2 0 . 00 09 49A 'ARIT t suw+wY • wN � �n��rocr x ; AGINEERS OPINION OF PROB C -E COST SHEET 3 OF S PROJECT: RIVER PINES DATE: 913197 IMPROVEMENT: DRAINAGE BY: LET PR09ABLE IMPROYEWNT TOTAL COST TOTAL 31,300 WME111 mm M.1 um- 00 1 100 11 6M I 634052 09/24/1997 01:27P 8738 P100 15 of 17 R 0.00 D 0.00 Sara J Fisher, Eagle, CO 76782 Page: 18 of 20 09/20/2001 09:49A Conti Lea. Sara J Fisher Eagle, CO 370 R 0.00 D 0.00 Conwlbng Engrmsra v Land Sarwyars 644AWrC.s SUMMARY SUM TOTAL t 31,300 CONTMENCY % - ,UZ -q31 7 1 r' "'CNTRR EfNGINEERINei [7S7 PF15 5EP e33 '97 a 2:16 ENGINEERS ORINION OF PROZABLE COST - SHEET{ OF S PROJECT RIVER PINES 913197 IMPROVEMENT: SITE DATE: 13Y; LET No. a cxl Pr la m UPM 2'8" Vertical Catch Curb QU�►Nfi. UNIT CST. AMOUNT 1'6" VBRica1 Curb LF. L.F 600 17.00 61800 8' Conents Pan ea., i � 9.40 8,0w 5' Sidewalk 1 1.000.00 0 j HWdlca Rams Es 1040 12.00 12,480 W Troy 4 500.00 2.000 Cat+ICrete Drive 6" B A de 8 C.F 610 14.00 8.540 Concre6eRamp Bkt C S'Y 65D 30.00 19,5Q0 6" Class B S.Y. fl0 30-00 2 � � y 4" HBA Tons 2,240 15.00 33,000 Tors 1.500 4.5.00 67.500 Overfor Gradin G.Y. 20,Qfl0 Parkin Lot 8tripin 2- 40,000 1 5,000.00 1 5 nnn SUB. ToTAL S 207,320 CONI NGENCY % PROWLSLE IMPROVEMENT TOTAL COST TOTALS 207,320 634052 09/24%1997 01:27P 8738 P100 I 16 of 17 R 0.00 D 0.00 Sara J Fisher, Eagle, CO 767821 Page: 19 of 20 Co ntra ♦a• Sara J Fisher Eagle, CO 370 R 0.00 09/20D20.00 9.49A C "OhIft imglnv.m . and Surveycm WE su"WARY OMGINEERS OPINION OF PRO `� COST "ETgOF5 PROD CT. RIVER PINES DATE: 913197 IMPROVEMENT: 8-24 WIDENING BY. LET v SUB TOTAL i 40, 950 CC*MNWNCY %- PROBABLE I I PROVEMENT TOTAL COST LINE"' -MULBAHIKXHEI loin milli E111111 III EMINII oil Imml 634052 09/24/1997 01:27P 8738 P100 17 of 17 R 0.00 D 0.00 Sara J Fisher, Eagle, CO Contra t on. Conwllinq Fngiehsta � 4rtd Survsypr� 767821 Page: 20 of 20 09/20/2001 09:49A Sara J Fisher Eagle, CO 370 R 0.00 D 0.00 TOTAL 3 401 950 8-24 WKXMnr. SUMRi AW