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08-17-2015 Avon Landing Public Improvements AgreementAVON LANDING PUBLIC IMPROVEMENTS AGREEMENT THIS PUBLIC IMPROVEMENTS AGREEMENT ( "Agreement "), made and entered on 2015, is by and among Traer Creek -RP LLC, a Colorado limited liability company (together with its successors and assigns, "Owner "), and the Town of Avon, a Colorado home rule municipality ( "Town ") (individually referred to as a "Party" and collectively referred to as "Parties "). RECITALS WHEREAS, the Owner owns certain property located within the Final Plat, Avon Landing, a Replat of Tract H, The Village (at Avon), Filing No. 3 ( "Avon Landing Plat "), which property is legally described in Exhibit A: Legal Description of Property ( "Property"); and WHEREAS, the Property is subject to, among other matters, that certain Consolidated, Amended and Restated Annexation and Development Agreement for The Village (at Avon), dated as of October 22, 2013 and recorded and recorded on August 1, 2014 at Reception No. 201412777 ( "Development Agreement "), and that certain The Village (at Avon) Amended and Restated PUD Guide dated November 7, 2012, and recorded on August 1, 2014 at Reception No. 201412778 ( "PUD Guide "); and WHEREAS, in connection with approval of the Avon Landing Plat and pursuant to the Municipal Code, the Development Agreement and the PUD Guide, (a) the Town desires to make reasonable provisions for completion of certain public improvements ( "Public Improvements ") as depicted on the plans approved by the Town for the 14 Cr f4, L g-" dated,, Lj ( "Approved Plans ") and as set forth in Exhibit B: Approved Plans, together ith minor changes approved by the Town Engineer, and (b) the Owner desires to enter into this Agreement with the Town pertaining to the Avon Landing Plat and the Property; and WHEREAS, the Owner is responsible for causing the completion of the Public Improvements, which may be accomplished in Phases (as defined and further described in Paragraph 22 below) in accordance with the Phasing Schedule (as defined and further described in Paragraph 22 below) and the terms and conditions of this Agreement; and WHEREAS, the Owner acknowledges and agrees that, as alternatives to assure completion of the Public Improvements, certain restrictions on development will apply to the Property (or designated portions thereof) until the Public Improvements (or designated Phases thereof) are completed in the event a Completion Guarantee is not provided as described in Paragraph 3 below, or Owner may elect to provide a Completion Guarantee as described in Paragraph 4 below. Avon Landing PIA August 7, 2015 FINAL Page 1 of 14 1338817.2 AGREEMENT NOW THEREFORE, in consideration of the following mutual covenants, conditions and promises, the Parties hereby agree as follows: 1. Completion of Work. (a) Performance. Owner agrees to furnish, or cause to be furnished, all equipment, labor and material necessary to perform and complete, in a good and workmanlike manner, all Public Improvements and work incidental thereto ( "Work ") as depicted on the Approved Plans and as set forth in Exhibit B: Approved Plans. Owner further agrees that Owner will be responsible for all costs of Public Improvements. Said Work shall be performed in accordance with the Approved Plans. (b) Time for Completion of Public Improvements. Owner agrees to complete the Public Improvements for Phase 1 (as described in Paragraph 22 below and Exhibit E) within two (2) years of the date of this Agreement. Public Improvements for subsequent Phases and the timing for completion thereof shall be identified and documented in a subsequent public improvements agreement for such Phase as provided in Paragraph 22 below. For the purposes of this Paragraph 1(b), the date of completion of the Public Improvements is defined as the date that Owner submits the Completion Certification as described in Paragraph 5 below. The Owner may request an extension for completion of the Public Improvements. The request for an extension shall be submitted to the Town in writing at least thirty (30) days prior to the time for completion, provided that the Town may reduce or waive this requirement in the Town's discretion. The Town may review the status of completion of the Public Improvements when considering a request for extension of the time to complete and the Town may require additional inspection, testing and other measures to preserve and verify the quality of the Work and materials prior to Construction Acceptance, which additional costs shall be borne by the Owner. Owner agrees that Construction Acceptance of Public Improvements (or applicable portion thereof) by the Town must be obtained prior to the issuance of a building permit for any building to be served by the Public Improvements (or applicable portion thereof). (c) Inspection Procedures. All Work shall be done under the inspection procedures and standards established by the Town and Holy Cross Energy, Eagle River Water and Sanitation District, Upper Eagle River Water Authority, Xcel Energy, Qwest Communications, Comcast or any other utility ( "Utilities "), as applicable, and shall be subject to the reasonable satisfaction of the Town and applicable Utilities. All Work shall not be accepted by the Town as complete until the Town provides Construction Acceptance (pursuant to Paragraph 1(e) below). Once the Town receives a Completion Certification (as defined in Paragraph 5 below) from the Owner's engineer that the Work is complete, or portions of the Work are complete, the Town shall, within twenty -five (25) days, review the engineer's Completion Avon Landing PIA August 7, 2015 FINAL Page 2 of 14 1338817.2 Certification, inspect the Work, and provide a written notice of Construction Acceptance or provide a Notice of Non - Compliance (as defined in Paragraph 1(f) below). Such inspections by the Town and Utilities shall not relieve the Owner or Owner's agents from any responsibility or obligation to assure that all Work is completed in conformance with all standards, plans and specifications as submitted to and previously approved by the Town and Utilities. (d) Cost of Inspections. The cost, if any, of such inspections, by Town employees, or an independent third party inspector, shall be paid by the Owner, subject to the limitations set forth in Paragraph 7 below. (e) Construction Acceptance. Upon completion of the Public Improvements, satisfactory inspection by the Town to verify compliance of the construction with the Approved Plans, receipt of the As -Built Plans, and receipt of a Warranty Guaranty as set forth in Paragraph 6 below, the Town shall provide construction acceptance ( "Construction Acceptance ") of the Public Improvements in writing to the Owner. The Town may provide Construction Acceptance for a portion of the Public Improvements where such portion is independent from, and unaffected by, the remaining Public Improvements or for the completion of a phase of a the Public Improvements as defined in this Agreement. (f) Notice of Non - Compliance. In the event that the Town through its inspectors reasonably determines that the Public Improvements are not in compliance with the Approved Plans, it shall give written notice of such non - compliance ( "Notice of Non - Compliance ") to the Owner. The Notice of Non - Compliance shall include a narrative describing the unsatisfactory construction work with specific reference to the applicable construction plans and specifications. The Owner shall be required to correct and/or complete the unsatisfactory construction work and shall re- submit As -Built Plans as appropriate to reflect any change in the constructed Public Improvements. 2. Site Control Guarantee. Owner shall provide an irrevocable letter of credit in a form acceptable to the Town Attorney or provide a cash deposit, in an amount determined adequate by the Town Engineer to secure the site and Work for the applicable Phase, including but not limited to drainage and erosion control, in the event that the construction of the Public Improvements is delayed or abandoned ( "Site Control Guarantee "). The Site Control Guarantee shall be released upon Construction Acceptance. 3. Restriction on Development Approvals. If a Completion Guarantee is not provided as described in Paragraph 4 below, any development application for the Property or portions thereof to be served by the Public Improvements for the applicable Phase, including but not limited to final subdivision plats, site plans, grading permits and building permits, shall be deferred or, if the Owner elects to submit development applications at the Owner's risk, any approval for such development applications shall be subject to the condition that the Town may withhold the issuance of building permits until Construction Acceptance of the Public Improvements which Avon Landing PIA August 7, 2015 FINAL Page 3 of 14 1338817.2 directly serve the Property or portion thereof within such Phase, and receipt of a Warranty Guarantee as defined in Paragraph 6 below. 4. Completion Guarantee for Public Imnrovements. The Owner may elect at the outset or at any time during the construction of the Public Improvements to provide a financial guarantee for the remaining estimated costs of the Public Improvements as described in this Paragraph 4 ( "Completion Guarantee ") and upon receipt of an adequate and sufficient Completion Guarantee, the restriction on Development Approvals stated in Paragraph 3 above shall not apply. (a) Form of Completion Guarantee. The form of the Completion Guarantee to secure the completion of the Public Improvements in this Agreement shall be in accordance with the acceptable methods of providing a guarantee set forth in Section 7.32. 1 00(e)(1) of the Municipal Code. The form of Completion Guarantee shall be attached to this Agreement as Exhibit D: Form of Completion Guarantee. (b) Amount of Completion Guarantee for Completion of Public Improvements. Owner shall deliver to the Town a Completion Guarantee in an amount equal to one hundred percent (100 %) of the amount of the cost estimate for the Public Improvements as approved by the Town Engineer plus a percentage of the estimated costs as an overrun allowance as set forth in Section 7.32.100(d) and Table 7.32 -2 of the Municipal Code. For the purposes of this Paragraph 4(b), the cost estimate for Public Improvements shall not include any contingency line item. (c) Partial Release of Completion Guarantee. The amount of Completion Guarantee may be reduced periodically upon completion of itemized Public Improvements for which cost estimates have been set forth in Exhibit C: Cost Estimates and upon receipt of the Completion Certification as specified in Paragraph 5 below verifying that itemized portions of the Public Improvements have been completed provided that Owner is not in default under this Agreement and provided that the remaining amount of Completion Guarantee shall be in an amount equal to one hundred percent (100 %) of the amount of the cost estimate for all remaining Public Improvements as approved by the Town Engineer plus a percentage of the estimated costs as an overrun allowance as set forth in Section 7.32.100(d) and Table 7.32 -2 of the Municipal Code. For the purposes of this Paragraph 4(c), the cost estimate for such remaining Public Improvements shall not include any contingency line item. The Town shall release the remaining Completion Guarantee amount less the amount described in Paragraph 6(a) below for security during the Warranty Period (defined in Paragraph 6 below) within five (5) business days of (i) completion of all Work related to the Public Improvements and (ii) acceptance by the Town and Utilities of the Public Improvements, provided that the Owner is not in default under this Agreement. 5. Engineering Certification. Upon completion of portions of the Public Improvements, Owner will cause Owner's engineers (who shall have been actively engaged in observing the Avon Landing PIA August 7, 2015 FINAL Page 4 of 14 1338817.2 construction of the Public Improvements and shall be registered engineers in the State of Colorado) to provide a written opinion ( "Completion Certification "), to the satisfaction of the Town Engineer, that based upon on -site observation, review of sufficient construction - observation reports, field test reports and material test reports and certifications by qualified personnel, the installation of the Public Improvements, or portions thereof as may be completed from time to time, have been completed, to the best of their knowledge and professional judgment, in conformance with all standards, plans and specifications as submitted to and previously approved by the Town, or the pertinent utility supplier, as depicted on the Approved Plans. Inspection reports, test results, as- constructed plans and other supporting documentation shall be submitted with the Completion Certification. The as- constructed plans shall be submitted on paper and in one of the following digital formats: AutoCad DWG, AutoCad DXF, or ESRI GIS shapefile. 6. Warranty Period. The Public Improvements shall be warranted to be free from defects in workmanship or quality for a period of two (2) years after Construction Acceptance of all the Work by the Town ( "Warranty Period "). The Owner shall provide a warranty guarantee ( "Warranty Guarantee ") as a financial security during the Warranty Period. (a) Amount of Warranty Guarantee. The amount of the Warranty Guarantee during the Warranty Period shall be a percentage of the total actual cost of completion of Public Improvements in the amount set forth below: Total Construction Cost Percent to Secure Warranty $0.00 — $500,000.00 10 $500,000.00 — $1,000,000.00 7% $1,000,000.00 and over 5 (b) Corrective Work. In the event of any defect during the Warranty Period, the Town may require Owner to correct the defect in material or workmanship ( "Corrective Work "). If Corrective Work is performed during the two (2) year Warranty Period then the warranty on such Corrective Work shall be extended for two (2) years from the date on which the Corrective Work receives Construction Acceptance by the Town. A Warranty Guarantee for Corrective Work equal to ten percent (10 %) of the cost of any Corrective Work, as estimated by the Town Engineer, shall be retained by the Town or immediately paid to the Town by the Owner, if sufficient funds are not held by the Town, in accordance with Paragraph 6(a) above, for a period of two (2) years from the date of Construction Acceptance by the Town of the Corrective Work. (c) Form of Warranty Guarantee. The form of the Warranty Guarantee shall be as set forth in Avon Municipal Code Sub - Sections 7.32.100(e) and (i) as may be amended from time to time. Avon Landing PIA August 7, 2015 FINAL Page 5 of 14 13388172 7. Review and Inspection Fees. Fees for review and inspections, if any, shall be paid by the Owner within thirty (30) days after delivery of written invoice for such fees to cover the cost of inspections by the Town. The fees, if any, will be based on direct (out -of- pocket) costs of the Town plus an administrative fee in the amount of fifteen (15 %) percent of the direct costs, but in no event will the total amount of such inspection fees exceed five percent (5 %) of the actual aggregate costs for such Public Improvements. 8. No Obligation of Town to Complete Improvements. Owner agrees that in the event Owner shall fail to perform its obligations as set forth herein, the Town shall be under no obligation to complete any of the Public Improvements or to issue permits or approvals for development served by the Public Improvements. 9. Non - Liability of Town; Indemnification. The Town shall not, nor shall any officer, agent, or employee thereof, be liable or responsible for any accident, loss or damage related to the Work specified in this Agreement, nor shall the Town, nor any officer, agent or employee thereof, be liable for any persons or property injured by reason of the nature of said Work. To the extent permitted by law, Owner hereby agrees to indemnify and hold harmless the Town, and any of its officers, agents and employees against any losses, claims, damages or liabilities to which the Town or any of its officers, agents or employees may become subject, because of any losses, claims, damages or liabilities (or actions in respect thereof) that arise out of, or are based upon, any acts or omissions in the performance of the obligations of Owner, as hereinbefore stated. Furthermore, the Owner shall reimburse the Town for any and all legal or other expenses reasonably incurred by the Town in connection with investigating or defending any such loss or claim. 10. Rights of Town in Event of Default. In the event that Owner defaults in whole or in part in the performance of this Agreement, and after the expiration of thirty (30) days after having given written notice to Owner of such default during which period of time the Owner fails to correct said default, the Town may, at its sole discretion, proceed with the construction or completion of the Public Improvements specified on Exhibit B: Approved Plans or proceed to secure the site to prevent erosion and implement best management practices for storm water management. The Town shall have access to the site to perform such work. All costs paid by the Town to correct or complete the Public Improvements, including cost of personnel, equipment, materials, studies, legal and other amounts expended by the Town to perform the Public Improvement construction responsibilities of Owner, together with an administrative fee in the amount of fifteen percent (15 %) of the total costs incurred by Town shall be paid by Owner. The use of the Completion Guarantee, Site Control Guarantee or Warranty Guarantee by the Town shall be limited to all costs to correct or complete, in whole or in part, the construction of the Public Improvements or to secure the site, as such costs are described in this Paragraph 10. Any costs incurred by the Town (including the 15% administrative fee) relating to correction or completion of the Public Improvements and/or related to securing the site shall be a debt of Owner until Owner reimburses Town. In addition to other remedies stated in this Agreement, if the Owner is in default of this Agreement, the Town may withhold the acceptance or processing of development applications and may withhold the approval of development permits for or on any Property Avon Landing PIA August 7, 2015 FINAL Page 6 of 14 1338817.2 which would be served by the Public Improvements until such time as the Public Improvements are completed. 11. Letter Certifying Completion and Final Acceptance of Improvements. Upon expiration of the Warranty Period applicable to Public Improvements that have been completed and received Construction Acceptance from the Town or the pertinent utility supplier, and provided that Owner is not in default under any of its obligations to the Town under this Agreement, the Town agrees that it will issue a letter of final acceptance for the Public Improvements ( "Final Acceptance "), after consultation with the pertinent utility supplier if necessary, in recordable form, certifying that all obligations of Owner under this Agreement have been satisfied ( "Certification of Final Acceptance "). 12. Non- Liability of Town for Indirect or Consequential Damages or Lost Profits. The Parties agree that the Town shall not be liable for indirect or consequential damages, including lost profits, which result or arise from the Town's declaration that Owner is in default of the Agreement, so long as the Town acts in good faith. 13. Incorporation of Exhibits. Unless otherwise stated in this Agreement, exhibits, applications, or documents referenced in this Agreement shall be incorporated in this Agreement for all purposes. In the event of a conflict between any incorporated exhibit and this Agreement, the provisions of this Agreement shall govern and control. 14. Assignment and Release. All or part of the rights, duties, obligations, responsibilities, or benefits set forth in this Agreement may be assigned by Owner without the express written consent of the Town. Any such assignment shall be in writing, shall expressly refer to this Agreement, and shall specify the particular rights, duties, obligations, responsibilities, or benefits so assigned. No assignment shall be effective to relieve the Owner of the duties, obligations, or responsibilities until a written notice of the assignment is delivered to the Town. 15. No Third Partv Beneficiaries. Nothing contained in this Agreement is intended to or shall create a contractual relation with, cause of action in favor of, or claim for relief for, any third party, including any agent, sub - consultant or sub - contractor of the Owner. Absolutely no third party beneficiaries are intended by this Agreement. Any third -party receiving a benefit from this Agreement is an incidental and unintended beneficiary only. 16. Amounts Past Due. Any amounts due to the Town of Avon under this Agreement, including costs for inspection, which are past due shall bear interest at the rate of one and one - half percent (1 %2 %) per month (eighteen percent [18 %] per annum, compounded annually). 17. Amendments. This Agreement may be amended from time to time, provided that such amendment is in writing and signed by all Parties hereto. Avon Landing PIA August 7, 2015 FINAL Page 7 of 14 1338817.2 18. Covenants Running with the Land. This Agreement and the obligations hereof shall be deemed to be covenants running with the land and shall be binding on the successors and assigns of the Parties hereto. 19. Recording of Agreement. This Agreement shall be recorded in the Office of the Eagle County Clerk and Recorder, in Eagle County, Colorado. 20. Venue. Venue for any litigation arising out of this Agreement shall be in the District Court for Eagle County, Colorado. 21. Good Faith and Reasonableness. The Parties agree that each Party hereto is subject to the covenant of good faith dealing, which includes an obligation to act reasonably in all matters associated with the performance and interpretation of this Agreement. 22. Supplemental Provisions and Phasing. Wherever any provision of this Agreement refers to the Public Improvements, all Public Improvements, the Work, all Work, or similar phrases, the Parties intend that such reference be interpreted as applying to that portion of the Public Improvements or that portion of the Work that is within the scope of a designated phase ( "Phase ") as described, defined or depicted in Exhibit E: Phasing Schedule (the "Phasing Schedule "). Exhibit B: Approved Plans and Exhibit C: Cost Estimate of this Agreement address only the Public Improvements required for Phase 1 as described in the Phasing Schedule. At such time as Owner determines to proceed with further development applications and /or development work within one or more of the subsequent Phases, the Parties shall coordinate to identify and document the matters addressed in Exhibit B: Approved Plans and Exhibit C: Cost Estimate as pertinent to such subsequent Phase(s). Such matters shall be addressed by execution of, as determined by the Parties to most efficiently and effectively address such matters, either (i) a separate public improvements agreement for such subsequent Phase(s), or (ii) an amendment to this Agreement. [Signature Page Follows] Avon Landing PIA August 7, 2015 FINAL Page 8 of 14 1338817.2 THE PARTIES HERETO HAVE EXECUTED THIS AGREEMENT AS OF THE DATE FIRST ABOVE WRITTEN. TOWN OF AVON I "YJ � On, Fit. Tovr'Atlorney OWNER Traer Creek -RP LLC, a Colorado limited liability company ATTESTQ-d�� P- Town Clerk By: Traer Creek LLC, a Colorado limited liability company, its Manager Name: Mar s Lindholm Title: M ager State of�Q- ) ss County of ! ) The foregoing instrument was acknowledged before me on .{st n , 2015, by Marcus Lindholm as Manager of Traer Creek LLC, a Colorado limited liability company, Manager of Traer Creek -RP LLC, a Colorado limited liability company. Witness my hand and official seal. My commission expires: 09' i ?I 1 j 20,S n Notary Public Avon Landing PIA August 7, 201.5 FINAL Page 9 of 14 11111172 KAa h1A:1. —NYA .aLbuN Notary Puhlic - Slate of New York NO. 01N6248107 � OualiUed in Bronx Co x My Commission Expires S� EXHIBIT A: LEGAL DESCRIPTION OF PROPERTY Avon Landing PIA August 7, 2015 FINAL Page 10 of 14 1338817.2 V m F6 d1 ep §Ye T _ O Sa.e Y M2 O : -E5$Y s d -d4 _ m ° >:i 'n Eil r_, RQo 2"; $FE - ;a• 6�t yz5 §:gx� «.i�$ °3 ° 'g '• 8v 8. se - S s6 FE $� 6:j:� k - xi 3P .F�3 €ay. ax s 5g ��� �� §•° _ _ _ .R'' � ¢ I �e G sR 6 3R:'s. °<a$x -$ 's:$$'E3;3 :^ °as o❑ - RF Eg •�� ^L 6e §e -_� g sE; "aF i$ &4� E ^_ ?' 4 --g#aas „;:asn8a�e: 8 s, Szs =$sa r "errs rtW r { i- <5 "_€ fb=R�3 enlg s'x ^zj: ^aa" i.�. $ 6� ��e^ e : #3ix�(E 8=T# "r,: r�"^�R=. @z3�e�a��` a=:;� € °. @Ca a a §s§ s's._ yy$6 JR, la a I �� W M `'J x 9YS.I R I el r-1 F O g F• I a I z In Oe$ I It 8 5 Fac6 00 1 w�NW/ >zaw Eli s-�eyS; y 1 �i 3=5 a lE 8=y a z - f a O 3 °ta sY: ^s "7 t ►7 UN '7.' ^�` EKppgES ;6a all ;n l<P -H., e ¢ ; °g� € i IY E� fiti �''ii6= . -,; Yg �g� 4g�'�6 �q gi 6� � i Y s • T c o7�5 Y :i RMUHIM S a6 `.II L _ES n EF Ei�$ MOM, mv �6 i LSx �6Eri I WT 1 M �'J x f gg qq gg aa qq O 5 A 8 p F S A R Y g C� ZOo = 4 5 In O z 1 4 u O w OV - I - in.— - I dB�•3.' .'F 1 9 .57' U a .•7 z z d Qo o Fif) W a sus! z is o�A < h fqq�E<e E .,Sall =� `n aNW Aaw Hai Cd aggaga s , (s+ Ti rrc Cl) z H (�z3Ou U ZO I t eAq 3 .a O 14 1 a o 1---1 fz. 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ION— \ S .6f's6 � \ 4 � F F 3 s •y iY i � � i i y x ��a fl� •'r�- [ 6 g3g �3 03 P2 � EXHIBIT B: APPROVED PLANS APPROVED PLANS: Construction Drawings , Town of Avon, Colorado ,20 Sheets 1 through Release Date: , 20 Prepared by: Avon Landing PIA August 7, 2015 FINAL Page 11 of 14 1338817.2 FIRST SET OF DRAWINGS 1) Date of Drawings — 7/10/2015 2) the author of the drawings — MARCIN ENGINEERING LLC 3) Title of Drawings — AVON LANDING NOTTINGHAM GULCH CHANNEL IMPROVEMENT AVON, COLORADO JULY, 2015 4) Listing of Page Numbers — Construction Plans consisting of 2 pages numbered Sheet C -1 and Sheet C -2. 5) Page References Sheet C -1 titled Nottingham Gulch Channel Improvement Cover Sheet Sheet C -2 titled Nottingham Gulch Channel Improvement Low Berm Grading Plan, Sections, and Detail SECOND SET OF DRAWINGS 1) Date of Drawings — 6/12/2015 2) the author of the drawings — MARCIN ENGINEERING LLC 3) Title of Drawings — AVON LANDING SEWER, WATER & GRADING PLANS AVON, COLORADO JUNE, 2015 4) Listing of Page Numbers — Construction Plans consisting of 27 pages numbered Sheet C -1 through Sheet C -27 5) Page References Sheet C -1 titled Cover Sheet Sheet C -2 titled General Notes Sheet C -3 titled Existing Conditions Sheet C -4 titled Overall Grading Plan Sheet C -5 through Sheet C -6 titled Traer Road Grading Plan and Profile Sheet C -7 titled Detail Road Connection to Existing Roundabout Sheet C -8 titled Traer Road Section Sheet C -9 titled Storm Sewer A Plan and Profile Sheet C -10 titled Storm Sewer B Plan and Profile Sheet C -11 titled Striping and Signage Plan Sheet C -12 titled Overall Water and Sewer Plan Sheet C -13 through Sheet C -14 titled Water Plan and Profile Sheet C -15 titled Sewer Plan and Profile Station 0 +00 to Station 4 +00 Sheet C -16 titled Sewer Plan and Profile Station 4 +00 to 8 +50 Sheet C -17 titled Sewer Plan and Profile Station 8 +50 to End Sheet C -18 titled Overall Shallow Utility Plan Sheet C -19 titled Erosion Control Plan Sheet C -20 titled Road Details Sheet C -21 titled Storm Sewer Details Sheet C -22 through Sheet C -23 titled Construction Detail Sheet Sheet C -24 titled Storm Drain Details Sheet Sheet C -25 titled Erosion Control Details Sheet Sheet C -26 titled Traer Road Cul -de -sac grading Sheet C -27 titled Fire Truck Turning Analysis Please note: All telecommunications conduit, including conduits for N and phone and any spare conduits, are excluded from the Public Improvements. See note 5 of PA -J Plat for Traer Creek -RP's express reservation of exclusive rights to Dry Utilities. EXHIBIT C: COST ESTIMATE PUBLIC IMPROVEMENTS CONSTRUCTION COST ESTIMATE Avon Landing PIA August 7, 2015 FINAL Page 12 of 14 1338817.2 Exhibit C: Cost Estimate Public Improvements Construction Cost Estimate AVON LANDING Martin Engineering,UC Avon, Colorado 284u62015 rua5e 1 rumic nun 1. All telecommunications conduit, including conduits for TV and phone and any spare conduits, are excluded from the Public Improvements. See note 5 of the PA -s plat for Tner Creek -RP's express reservation of eacluslve rights to Dry Utilities. Phase II Public Improvements To be addressed in the future in accordance with Paragraph 22 of the Avon Landing Public Improvements Agreement. Phase 111 Public Improvements To be addressed in the future in acrordance with Paragnph 22 ofthe Avon Landing Public Improvements Agreement. Phase IV Public Improvements To be addressed in the future in accordance with Paragraph 22 of the Avon landing Pubic m provements Agreement. Page 1 EXHIBIT D: FORM OF GUARANTEE [Insert Form of Guarantee] Avon Landing PIA August 7, 2015 FINAL Page 13 of 14 1318817.2 EXHIBIT E: PHASING SCHEDULE [Insert Phasing Schedule/Map] Avon Landing PIA August 7, 2015 FINAL Page 14 of 14 1338817.2 EXHIBIT E: PHASING SCHEDULE AVON LANDING THE VILLAGE (at AVON) FILING 3 PHASING SCHEDULE PHASE 1 ® BLOCKS 1, 2, & 4 AND A PORTION OF ROAD A PHASE 2 BLOCK 3 AND TRACT 1-1 PHASE 3 ® TRACTS H -1, H -2, H -3, 1 -2, & 1 -3 PHASE 4 TRACT 1 -4 BLOCK 1 625 ACRESx BLOCK 2 4.00 ACRES TRALT H•] 0.W ACRES t TRACT 41 TRACIN to BLOCK 4 524 ACRES x g BLOCK 14.52 ACRES x TRACT H -2 TRACT H -1 8.90 ACRES: 11.73 ACRES x �t SCALE: 1" = 400' MARCIN ENGINEERING LLC P.0 Box 1062 AVON, CO 81620 (970) 748 -0274 (970) 748 -9021 FAX