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HomeMy WebLinkAboutR08-134 Miller Ranch Phase I Final Release of Collateral~r~s~e co! NTv, co ;ERK J SIMOFrTGN Pgs~ 3 12.22~56Pf1 ,sec: ~e.E<a coc: s 1 i l~ ~ ~i ~ i .~ ~3 ,. I~ ,. @ ~ ,. I. Commissioner ~ ~ ~~~' of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION N0.2008- ~ 3~ FINAL RELEASE OF COLLATERAL AND TERMINATION OF THE WARRANTY PERIOD FOR MILLER RANCH PHASE I FILE NO. PDF-00077 WHEREAS, on January 14, 2003, the Board of County Commissioners of Eagle County, Colorado ("Board") entered into a Subdivision Improvements Agreement ("Agreement") with Berry Creek Limited Liability Company ("Subdivider") for Miller Ranch Phase I; and WHEREAS, both the Subdivider and the Engineering Department state that the work required under the Agreement is complete and acceptable and the Engineering Department recommends full release of the collateral and the termination of the Subdivision.Improvements Agreement and termination of the warranty period, see Exhibit "A," attached hereto and incorporated herein by this reference. Based upon the 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 Improvements Agreement has ended. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: moved adoption zeeazsisz ~~i~~ . ~~ ~~~~ i~ ~~I THAT, the Board hereby authorizes the full and final release of collateral and the termination of the Subdivision Improvements Agreement for Miller Ranch Phase I. 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 Miller Ranch Phase I has been successfully completed and that the Subdivider's obligations under the Agreement are complete. MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the ~ day of December, 2008. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its ATTEST: BOARD OF COUNTY COMMISSIONERS O~ ~G~f fi OG 2 -{ ~ * B Y Clerk to the oard of . _ _ _ tmt-oo County Commissioners By: By: Peter F. Runyon Chairman Sara J. Fisher Commissioner Arn M. Menconi Commissioner Commissioner ~`'~`-t~ti- seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows; Commissioner Runyon ti Commissioner Fisher '+ Commissioner Menconi S K.~.--~i This Resolution passed by ~ e vote of the Board of County Commissioners of the County of Eagle, State of Colorado. G:WRW~resolutionsuvlillerRanchPhases I final release.DOC .° MEMORANDUM EAGLE COUNTY ENGINEERING TO: Nancy Wright, Eagle County Attorney's Office FROM: Mike Gruber, Engineering Department DATE: November 24, 2008 RE: Subdivision Improvements Agreement, Miller Ranch, Phase I, a Resubdivision of Tract D, Berry Creek/ Miller Ranch PUD, File No. PDF-00077, Release of Collateral, Termination of the Warranty Period and the Subdivision Improvements Agreement A request was received from Tug Birk, ASW Realty Partners, for final inspection and the termination of the warranty period under the Subdivision Improvements Agreement entered into January 14, 2003. My inspection on November 5, 2008, with Tug indicates the improvements are complete, have survived the warranty and are acceptable per the terms and conditions of the Subdivision Improvements Agreement. I recommend termination of the warranty period, the Subdivision Improvements Agreement, and the release of the collateral. # # # cc: Eva Wilson, County Engineer (e-mail) EXHIBIT 4 1 4 y • `.'°mss. „__...... ..... ,.... ... SUBDIVISION AND ON -SITE IMPROVEMENTS AGREEMENT S File No. ( ' ( i i . �. THIS SUBDIVISION AND ON -SITE IMPROVEMENTS AGREEMENT ("Agreement”) made and entered into this 1 1H1 t day of ZiCrhvc,,r4 , 2003, by and between Berry Creek Limited Liability Co. a Colorado limited liability comphgy (hereinafter "Developer ") and the Board of County Commissioners of the County of Eagle, State of Colorado (hereinafter "County"). WITNESSETH WHEREAS, the County is presently the owner of certain real property identified on the final plat of Miller Ranch as a Resubdivision of Tract D, Berry Creek/Miller Ranch PUD, County of Eagle, State of Colorado. WHEREAS, the County and Developer have entered into a Development Agreement and Land Lease and Option Agreement dated August 20, 2002, pursuant to which Developer is to develop portions of Tract D into a single and multi- family housing development project. WHEREAS, pursuant to the Land Lease and Option Agreement dated August 20, 2002 the County entered into that lease agreement for the purpose of leasing the ground to Developer so that it can construct improvements and sell the residential units as they are constructed. WHEREAS, the Developer as a condition of approval of the Final Plat of Miller Ranch, a resubdivision of Tract D, Berry Creek/Miller Ranch PUD ( hereinafter referred to as "Subdivi- sion"), desires an Agreement as provided for by the Land Use Regulations of Eagle County , Colorado, 1999, as amended ( "hereinafter referred to as "Land Use Regulations ") Chapter II, Section 5- 280.B.S.e. and C.R.S. §30 -28 -137; and WHEREAS, pursuant to Chapter II, Section 4 -620 of the 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 1 C:\D000MENTS AND SETTINGS \MARKR\ LOCAL SETI1NGS \TEMPORARY INTERNET FIL S \OLK6\PINAL 1- 14-03 -DOC File No. 820489 Page: 1 of 39 01/16/2003 12:45 Teak Simonton Eagle, CO 89 R 0.00 D 0.00 i •' 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 proposcd subdivision and to other probable subdivisions, and to require the Developer to improve its equitable portion of such road to an acceptably safe condition; and WHEREAS, the Developer has agreed to improve the roads within the subdivision to an acceptably safe condition and to accommodate the incremental increase in traffic burden to the said roads within the subdivision resulting 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, pursuant to Chapter II, Section 4 -620.9 of the Land Use Regulations and C.R.S. 43 -2 -147, the Developer shall provide access for all lots and parcels it creates to the state highway system in conformance with the State Highway Access Code; and WHEREAS, Developer has entered into an agreement with Meldor Construction, Inc. dated October 1, 2002 for the construction of infrastructure and site work for Phase I of the housing development on Tract D, Berry Creek/Miller Ranch PUD. 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 on -site improvements - including roads, utilities and other similar public improvements. 1.2 Scope of Work. The Developer 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" (agreement between Developer and Meldor Construction dated October 1, 2002) , and as set forth in all documents, construction drawings, designs, maps, specifications, sketches, and other materials submitted by the Developer 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. It is understood that as of the signing of this Agreement that Developer is working to submit final construction plans and drawings as required by the Eagle County Land Use Regulations. 2 C_ \DOCUMENTS AND SEITINGS\MARKR LOCAL SEITINGS\TEMPORARY INTERNET FILES\OLK6\FINAL 1.14-03.DOC Pile No, 6 Page: of 9 39 01/16 03 12:43 T eak Simonton Eagle, CO 89 R 0.00 D 0.00 II/ Developer agrees to submit such plans to County for its review, approval and acceptance no later than February 15, 2003 and shall complete the work identified therein. County shall timely review such plans and drawings and shall not unreasonably withhold its approval. 1.3 Duties of Developer. 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 Developer shall retain a Colorado Professional Registered Surveyor or Professional 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 Transportation Standard Specifications for Road and Bridge Construction -1999 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 Developer: 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 stake the sewer mains at the manholes and the service lines and the water mains at the deflections and fittings. 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 Developer: 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. 3 CA DOCUMENTS NTS AND SE1 NGS1MARKRILOCAL SETrINGS\TEMPORARY INTERNET FILES\00061FINAL 1.14 -03.DOC File No. II II II I I II I I II 1111 II 820466 Page: 32 of 39 01/16/2003 12:49 Teak Simonton Eagle, CO 89 R 0.00 D 0.00 • b. Embankments for roadways - one density test per 2,000 C. Y. of any additional embankment(s); and one density test per 500 C.Y. when within 100 feet of bridge approaches." 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, and gradation and Atterberg Limits test per 2000 tons of aggre- gate base course. e. Hot Bituminous Pavement - two asphalt content, gradation and in -place density tests per day's production. f. Concrete - Curb and Gutter. Sidewalks and Bikepaths - tests for air content, slump and compressive strength per 50 C.Y. of concrete placed or maximum of one set of tests per day. 1.3.3 Notification/Road Construction. Developer 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: 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 these stages. Said on -site inspection by the Eagle County Engineer shall in no way abrogate the duties of the Developer outlined elsewhere in this Agreement. The Developer 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 Developer'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 4 C: \DOCUMENTS AND SETIWGS\MARKR\LOCAL SETTINGS\TEMPORARY INTERNET FILES \OLK6\FINAL 1.14.03.DOC File No. II II II I 11111 III II II II 820469 Page: 4 of 39 01/16/2003 12:49 T eak Simonton Eagle, CO 89 R 0.00 D 0.00 • • elevation based on a datum used for the subdivision. Bench marks shall be shown on witness records. 1.33 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 Developer or its engineer. 1.3.6 Record Drawings of Subdivision Improvements. Record drawings, sealed, signed and dated by a Registered Professional Engineer or Licensed Surveyor showing the as- constructed horizontal and vertical locations of Subdivision Improvements shall be submitted to the Eagle County Engineer prior to commencement of the two year warranty period. 1.3.7 Affidavit of Monumentation. An Affidavit of Monmmentation 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 Chapter II, Section 5- 280.5.a (1)(a) 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 of Highways Access Code. Developer shall provide the County with designs in compliance with the Colorado Department of Highways Access Code for all road improvements. 1.5 Datc of Completion. All Subdivision Improvements shall be completed prior to Jan. 12005. 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 Developer'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. 5 C :\DOCUMENTS AND SE F1NGS\MARKRUACAL SETTINGS \TF3MPORARY INTERNET FILES \OLK6\FINAL 1- 14 -03.DOC File No. 820459 Page: 52 of 39 01/16/2003 12:45 T eak Simonton Eagle, CO 89 R 0.00 D 0.00 . • 1.7 Estimated Costs of Subdivision Improvements. The estimated cost of the Subdivision Improvements is the sum of $1,666,169.41 as summarized in Exhibit "A ". The parties agree that such sum represents the contract price between Meldor Construction, Inc. and Developer. Developer has obtained a performance bond from Meldor Construction, Inc. to secure Meldor's faithful performance of the contract identified as Exhibit A. 1.8 Common Park and Recreation Areas. Developer agrees to abide by the Landscape Plan previously approved by the Berry Creek Design Review Committee and further agrees to submit any additional information or plans as required by such Design Review Committee. • 2. SECURITY and COLLATERAL. 2.1 Warranty. Within thirty (30) days after Developer has completed all of the work required by this Agreement and the work has been approved and accepted by the County, Developer shall arrange to post security in an amount equal to ten percent (10 %) of the original contract price of $1,666,169.41 for Phasc I. Developer shall be responsible for the condition of the Subdivision Improvements for a period of two years after completion; this shall be guaranteed in the form of a letter of creditor Developer may provide a guarantee bond in an amount and in a form acceptable to the County. The County agrees to consider a maintenance bond from Meldor Construction, Inc. as security under this paragraph, so long as the terms and conditions of such bond are acceptable to County. 2.5 Draws. Draws against the security 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 security 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 security: 2.6.1 If Developer has not corrected or completed the work required by this Agreement during any warranty period, the County may, after ten (10) working days written Notice to Developer, draw upon the security an amount sufficient to complete or correct said work and compensate the County for its reasonable costs and expenses related to said draw. 2.6.2 If the original security presented to the County (or any extension thereof) is due to expire and the work or correction are not yet completed, and Developer has not provided substitute security or the bank's written extension to the original collateral (as it may have been 6 C: \DOCUMENTS AND SETTQVOS MARKR\LOCAL SETTAICS\TEMPORARY INTERNET FILES\OLK6\PnvAL 1- 14-03.1)0C File No. 6 Pag 62 of 9 39 01/16/2003 12: Teak Simonton Eagle, CO 89 R 0.00 D 0.00 • Ank previously extended), the County shall draw on the security according to the provisions set forth in this Section 2. It is Develoner's responsibility, with or without notice, to ensure that the security is extended, or that substitute security is provided in a form acceptable to the County, at least ten days prior to its expiration. If security is neither extended nor substitute collateral provided, in a form acceptable to the County, at least ten days prior to its expiration, the developer shall pay the County an additional 5500 (Five hundred dollars) for the additional administrative work required because of the failure to extend or substitute collateral in a timely manner as required by this agreement. 2.6.3 If the security 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. Developer agrees to pay any costs and expenses, including but not limited to legal fees, which the County may incur in determining to accept security, in drawing upon the security, or in accomplishing an extension of its expiration. 2.8 Materials and Payment Bond. In addition to the Collateral described herein, the Developer 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. Developer 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. 2.9 Landscape Plan Collateral. 2.9.1 As the landscape improvements are completed, the County Engineer shall inspect them, and upon approval and acceptance, shall require the Developer to post ten (10) percent of the cost of such landscape improvements until the improvements have been main- tained in a satisfactory condition for two (2) years. 3. INSURANCE and INDEMNIFICATION. 3.1 Indemnification. Developer 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 7 C: \DOCUME■TS AND SETTINGS \MARKRIOCAL SETTINGS \'TEMPORARY INTERNET FILES\OLK6\FINAL 1- 14 -03.DOC File No. II II II II I I III III II II II g!!:!!! T eak Simonton Eagle, CO 89 R 0.00 D 0.00 • • 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 Developer 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 Developer, 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 comple- tion 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 Developer. The Developer 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 Developer hereunder; and the Developer 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 Developer may have. 4. GENERAL PROVISIONS. The following shall apply to all Subdivision Improvements, including on -site improvements, sct forth in this Agreement: 4.1 Compliance with Land Use Regulations. The Developer 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. 8 C: \DOCUMENTS AND SETTINGS \ MARK R \LOCAL SBUTNGS\TEMPORARY INTERNET FILES\OLK6IFINAL I- 1403.DOC File No. 8 @489 Pa 8 of 39 01/ 16/2003 12:4 Teak Simonton Eagle, CO 89 R 0.00 D 0.00 • • 4.2 Subdivision im proveme nt 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 govcm and control. 4.3 Warranties and Guarantees. There thall be a two -year correction period, or such longer period as may be prescribed by law, fro', the time of completion of the Subdivision Improvements during which time the Develop: 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 County. The work shall be inspected, at the request of the Developer, no less than sixty (60) days prior to expiration of the one -year additional correction period, and any deficiencies shall be noted to the Developer. 4.4 Approval of Final Plat. The County has approved the final plat of this Subdivision, subject to the terms and conditions of this Agreement. 4.4.1 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 4.5 Amendment and Modifications The parties hereto mutually agree that this Agree- 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. 4.6 Assignability. This Agreement shall be enforceable against the Developer, provided, however, that in the event the Developer sells, transfers or assigns all or part of the subject Sub- division, the obligations of the Developer under this Agreement as to that portion of the subject Subdivision may be assumed in writing by the purchaser of the parcel, and the Developer 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 assump- tion following an investigation of the financial condition of the purchaser. The Developer 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. 9 CADOCUMI•NTS AND SETTINGS\MARKR\LOCAL SETT1NC,s\TEMPnRARY INTP.RNP I' PH .PS \01.K6\FINAI, I- 14.03,00C File No. 8 P age : 9 of 39 0 12:48 T eak Simonton Eagle, CO 89 R 0.00 D 0.00 • • 4.7 Binding upon Successors. This Agreement shall inure to the benefit of and be binding upon the parties hereto, their respective successors, and assigns. 4.8 Sole Responsibility of Developer Prior to County Acceptance. It is further agreed and understood that at all times prior to the completion and acceptance of the on -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 Developer. When it is necessary to allow the general public to utilize the roadways under construction by the Developer, traffic control and warning devices shall be placed upon such roadways by the Developer 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. 4.9 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. 4.10 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 WITNESS WHEREOF, the parties hereto have executed this Agreement this day of ; n, t 019 . 2003. COUNTY: COUNTY OF EAGLE, STATE OF COLORADO, i By and Through Its ATIS3: c o BOARD OF COUN COMMISSIONERS s Clerld}to the BoardY r 'chael L. Gallagher, Cha' an County Commissioners Address for giving notic -/ P.O. Box 850 Eagle, CO 81631 (970) 328.8685 10 C:IDOCUMENTS AND SEITNGS\MARKRII.00AL SETTINGSITEMPORARY INTERNET FILES IOLK61FMA1.1- 14 -03.DOC File No. 820469 Page: 10 of 39 01/16/2003 12:49 Teak Simonton Eagle, CO B9 R 0.00 D 0.00 • • DEVELOPER: LESSOR: BERRY CREEK LIMITED LIABILITY CO. By: �-- Mark Ross, Manager Address for giving notices c/o ASW Realty partners, LLC 21820 Burbank Blvd. Suite 120 Woodland Hills, CA 91367 • STATE OF CALIFORNIA ) ) SS COUNTY OF LOS ANGELES ) The foregoing was acknowledged before me this ,' day of 2003, by MCW)L b.53 , as /�r ' of Berry Creek Limited Liabilitv Co. WITNESS my hand and official seal. My commission expires 14de 2 ? � c2003 /49S Notary Public nsi►I�uva Can+nrt L 1nfial Way AiOIe - COMM ` r ,; tea mew Coidy *Omit eCYsinVAIN 111111 11E11 01111 820469 Page: 11 of 39 01/16/2003 12:48 Teak Simonton Eagle, CO 99 R 0.00 D 0.00 11 Z:\FORMS\SUBDIVISION AND ON -SITE IMPROVEMENT AGREeMENT.DOC File No.