HomeMy WebLinkAboutC93-074 SIA_The River Forge PUD8-610 P-546 0
SARA J. FISHER 6�'"/93 14 16 PG 1 • OF' �O REC
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EAUuE COUNTY CLERK, COLORA
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SUBDIVISION AND OFF -SITE IMPROVEMENTS
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AGREEMENT
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The River Forge PUD
(File No. PD-309-93-F)
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o THIS SUBDIVISION AND OFF -SITE IMPROVEMENTS AGREEMENT ("Agreement")
made and entered into this ;YL day of May, 1993, by and between Arden Real Estate
and Development Company, Inc. (hereinafter "Subdivider") and the Board of County.Commis-
sioners of the County of Eagle, State of Colorado (hereinafter "County").
a W I T N E S E T H
.� o WHEREAS, the Subdivider, as a conditionof approval of the Final Plat of The River
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Forge, a minor PUD (hereinafter referred to as "Subdivision"), desires an Agreement as
provided for by C.R.S. 30-28-137; and
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o 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
o for completion of certain public improvements hereinafter described ("Subdivision
Improvements"); and
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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 substan-
tially 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
a y probable subdivisions, and to require the Subdivider to improve its equitable portion of such
road to an acceptably safe condition; and
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a. WHEREAS, the Subdivider and the County have determined that the traffic which will
be generated by the Subdivision, will not impact an existing County road; and
H 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
referred to herein; 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.
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506625 B-610 P-546 06103193 14:16
PG 2 OF 10
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 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 referenced in the attached Exhibit "A", 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 th.cso Subdivision improvements required herein,
including but not limited to the reconstruction and physical improvement ofthat 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 1983 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 100 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
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. 506625 B-610 P-546 06103193 14:16 PG 3 OF 10
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 testing that will be required of the Subdivider:
a. Utility trench backfill under roadway prisms - one density test per
200 C.Y. of backfill. This will require daily visits to the site by a testing
laboratory when utilities are being backfilled within the roadway prism.
This testing shall be accomplished whether the trench is for water,
sewer, gas, electric, telephone, or cable T.V. "
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 1,000 lineal feet of
roadway.
d. Aggregate base course - one in -place density, gradation and
Atterberg Limits test per 1,000 tons of aggregate base course.
e. Hot Bituminous Pavement - 2 asphalt content, gradation and in -
place density tests per day's production.
1.3.3 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.
1.3.4 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.
1.4 Compliance with Colorado Department of Highways Access Code. Subdivider
shall provide the County with designs in compliance with the Colorado Department of
Highways Access Code for all road improvements, if such are applicable to this Subdivision.
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506625 B-610 P-546 06103193 14:16 PG 4 OF 10
1.5 Date of Completion. All Subdivision Improvements shall be completed prior to
May 31, 1996.
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 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 $ 23.414.00 , 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.
2. SECURITY and COLLATERAL.
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 $ 23 , 414.00 . The Subdivider shall obtain collateral in a form of an
irrevocable letter of credit acceptable to the County ("Collateral") prior to signing of the final
plat.
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.
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506625 B-610 P-546 06103193 14:16 PG 5 OF 10
2.3 Final Release of Coll ateral/Warranty. Within thirty (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 L7
Collateral originally deposited with the County herein, for another form of collateral z
acceptable to the County, to guarantee the faithful completion of the Subdivision c
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.
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 related to said draw.
2.6.2 If the original collateral presented to the County (or any extension
thereof) is due to expire and the work is not yet completed, and Subdivider has not provided
substitute collateral or the bank's written extension to the original collateral (as it may have
been previously extended), the County shall draw on the Collateral according to the
provisions set forth in this Section 2. It is Subdivider's responsibility, with or without
notice, to ensure that the Collateral is extended, or that substitute collateral is
provided in a form acceptable to the County, at least ten days prior to its expiration.
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506625 B-610 P-546 06103193 14:16 PG 6 OF 10
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
contractors, suppliers and materialmen are paid. Such bonds shall conform with the require-
ments of Title 38, Article 26, Colorado Revised Statutes. Subdivider shall also retain funds CWD
from all contractors employed for Subdivision Improvements as required by said Article, and T
further shall coordinate with the County Attorney to ensure proper Notice of Final Settlement -"
and Retention of Funds, as required.
3. INSURANCE and INDEMNIFICATION.
3.1 Indemnification. Subdivider shall indemnify and hold the County harmless from
any and all claims made against the County by any contractor, subcontractor, materialmen,
employee, independent contractor, agent or representative involved in the work necessary
to comply with this Agreement, or on account of any other claims against the County
because of the activities conducted 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
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. 506625 B-610 P-546 06103193 14.16 PG 7 OF 10
and are hereby assumed by the Subdivider. The Subdivider hereby agrees to indemnify and
hold harmless the County and any of its officers, agents and employees against any losses,
claims, damages or liabilities for which the County or any of its officers, agents, or
employees may become subject to, insofar as any such losses, claims, damages or liabilities
(or actions in respect thereof) arise out of or are based upon any performance 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. 11'
Off -site road improvements are not contemplated or required for this Subdivision; and
provisions for condemnation proceedings are not applicable.
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 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.
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506625 B-610 P-546 06/vJ193 14:16 PG 8 OF 10
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.
5.5 Amendment and Modification. The parties hereto mutually agree that this
Agreement may be amended or modified from time to time, provided that such amendment
or modification be in writing and signed by all parties hereto.
5.6 Assignability. This Agreement shall be enforceable against the Subdivider, co
provided, however, that in the event the Subdivider sells, transfers or assigns all or part of y
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 rp for
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.
5.7 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 Responsibility of Subdivider Prior to County Acceptance. It is further agreed
and understood that at all times prior to the completion and acceptance of the off -site Sub-
division 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 necessary to allow the general public to utilize the roadways under construction
by the Subdivider, traffic control and warning devices shall be placed upon such roadways
by the Subdivider in accordance with the Manual on Uniform Traffic Control Devices for
Streets and Highways as prepared by the U.S. Department of Transportation, Federal
Highway Administration.
5.9 No Rights to Third Parties. This Agreement does not and shall not be deemed
to confer upon or grant to any third party any right to claim damages or to bring any lawsuit,
action or other proceedings against either the County or its officers, employees or agents
because of any breach hereof or because of any terms, covenants, agreements or conditions
contained herein.
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.
506625 B-610 P-546 �103193 14 : 16 PG 9 OF
IN WITNESS WHEREOF, the parties hereto have executed this Agreement this
day of May, 1993.
ATT T: IZ4 /
COUNTY OF EAGLE, STATE OF
COLORADO, By and Through Its
BOARD OF COUNTY COMMISSIONERS
By:
George A. ates, Chairman
Address for giving notice:
P.O. Box 850
Eagle, CO 81631
(303) 328-8685
ATTEST:
By:
Secretary
STATE OF COLORADO }
SS
County of Eagle }
SUBDIVIDER:
AMEN REAL ESTATE AND
DEVELO ENT COMPANY, INC.
Robert A. Ha , Presi
Address for gi ' g notic
P.O. Box 1412
Avon, CO 81620
(303) 949-1075
The foregoing was acknowledged before me
Robert A. Haney, as President; -by
AFd c.
093-new
tit
this 10 day of May, 1993, by
as- Sea e-tary-ef-
WITNESS my hand and official seal.
My commission expires (G -lqs—
NotaryP li
506625 B-610 P-546 06,.3/93 14:16 PG 10 OF 10
Exhibit A
River Forge
Public Improvements Estimate
Aspen (1.5") Qty. 13 $1, 365.00
Aspen (2.0") Qty. 8 $1, 080.00
Colorado Blue Spruce Qty. 27 $3, 925.00
Sprinkler System $3, 655.00
Sod 7,580 sq. ft. $1, 819.00
Native Grass and Wildflower seeding $ 435.00
Berming/drainage $1,185.00
Asphalt Roadway 5,230 sq. ft. $9, 9 50.00
Total $23,414.00
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