TC Res. No. 1985-15RESOLUTION NO'. 85-15.
SERIES OF 1985
A RESOLUTION APPROVING FINAL PLAT FOR
WILDWOOD RESORT, A RESUBDIVISION.OF
LOTS 5, 52A AND 52B, BLOCK 1, BENCHMARK AT BEAVER CREEK
WHEREAS, Wildridge Development Company, a Colorado
Partnership and Section 36, Inc., a Colorado Corporation, owners
of Lots 5, 52A and 52B, Block-l, Benchmark at Beaver Creek have
submitted a Final Plat for Wildwood Resort for review and approval
by the Towh of Avon; and
WHEREAS, a Preliminary Plat for Wildwood Resort was
approved by RESOLUTION NO. 83-29, SERIES of 1983; and
WHEREAS; the Final Plat has been reviewed by the Town
Staff and.Town Attorney and found to be generally in conformance
with the approved Preliminary Plat and Subdivision Regulations.of
the -Town of Avon.
NOW THEREFORE BE IT RESOLVED BY the Town Council of the
town-of Avon that the Final Plat of Wildwood Resort is hereby
approved'subject to:
1. Avon Metropolitan District approval of the Buck
Creek Drainage and Waterline,Easementt and
Nottingham-Puder Ditch and Waterline Easement,
as evidenced by the signature's of authorized
representatives on the Final Plat.
DATED:
.APPROVED:
Apkil_ 9, 1985
S e la.R. DaVis, Mayor Pro-Tem
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SUBDIVISION IMPROVEMENTS AGREEMENT
WILDWOOD RESORT SUBDIVISION
THIS AGREEMENT, made and entered into thisday of April, 1985, by and
between Wildridge Development Company, a Colorado partnership and Section 36,
Inc., a Colorado corporation, hereinafter referred to jointly as "Subdivider",
and the Town of Avon, State of Colorado, a municipal corporation, by'and
through its Town Council, hereinafter referred to as "Town".
WHEREAS, the Subdivider, as a condition for approval of the final
subdivision plat of Wildwood Resort Subdivision, desires to enter into a
Subdivision Improvements Agreement with the Town; and
WHEREAS, the Subdivider has been requested by the Town to provide security
or collateral sufficient to make reasonable provisions for completion of
certain public improvements ("Improvements") set forth in Exhibit "A" attached
hereto and by reference incorporated herein; and
WHEREAS, the Subdivider desires to provide collateral to gdarantee
performance of this Agreement, including construction of the Improvements, by
means of a promissory note secured by first deed of trust on real property
located in the Town of Avon, County of Eagle, State of Colorado; and
WHEREAS, the Subdivider has provided 'for the collection and treatment of
sewage by virtue of the subject subdivision being within. the boundaries of the
Upper Eagle Valley Sanitation District, a quasi-municipal corporation, under
the laws of the State of Colorado, with said District assuming responsibility
for sewage collection and treatment; and
WHEREAS, the Subdivider has provided for a source of domestic water by
virtue of the subject subdivision being within the boundaries of the Avon
Metropolitan District, a quasi-municipal corporation, under the laws of the
State of Colorado, with said District assuming responsibility for domestic
water service and fire protection;
NOW THEREFORE, in consideration of the following mutual covenants,
conditions and promises, the parties hereto agree hereby as follows:
1. Subdivider hereby agrees, at its sole cost and expense, to furnish all
equipment and material in a good workmanlike manner necessary to perform and
complete by November 1, 1988, unless extended in writing by all parties hereto,
the public improvements set forth on Exhibit "A" attached hereto and by
reference incorporated herein and to do all work incidental thereto according
to and in compliance with the following:
(a) All final plat documents submitted prior to or at the time of
final plat approval.
(b) All laws of the United States of America, State of Colorado,
Town of Avon and its respective agencies, affected special districts
and/or service districts.
(c) Such other designs, drawings, maps, specifications, sketches and
other matter submitted by Subdivider to and approved by any of the
above-referenced governmental entities. All said work shall be done under
the inspection procedures and standards established by the Town, shallbe
to the reasonable satisfaction of the Town and shall not be deemed
complete until approved and accepted by the Town Council or said Council's
appointed designee.
The estimated cost of the work and improvements, which are the subject of
this Agreement, is the sum of $283,500.00 (Two hundred eighty three thousand
five hundred dollars), as set forth below:.
Roads, re-vegetation, guardrail, drainage, etc:
Buck Creek Road from Nottingham Road
to the end of the Wildwood Resort $147,500
Swift Gulch Road from Nottingham Road
to the end of the Wildwood Resort 36,500 $184,000
Utilities:
Sewer $ 8,500
Water 51,000
Electric 25,000
Telephone 15,000 $ 99,500
TOTAL $283,500
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2. Subdivider hereby agrees to provide security and collateral to Town
equal to the estimated costs of Improvements remaining to,be installed. It is
the intention of Subdivider and Town that said security and collateral will
be in the form of a non-interest bearing promissory note in the amount of
$283,500.00 (Two hundred eighty three thousand five hundred dollars) secured by
a first deed of trust on certain lots within the Wildridge Subdivision, Town of
Avon, County of Eagle, State of Colorado as described in Exhibit "B" attached
hereto and by reference incorporated herein.
(a) The Subdivider intends to improve and market to the extent
reasonably possible in the same sequence as the lots are currently
numbered; in other words, the Subdivider intends to commence its
Improvements and marketing within the Subdivision with Lot 1, thence Lot
2, and, thence Lot 3. Subdivider may commence its marketing prior to the
actual installation and construction of the Improvements. Lot 1 is
presently under contract with Avon Resort Properties, LTD'-and is scheduled
to close between May 1 and August 1, 1985 at the option of the purchaser.
(b) The value of each lot used as collateral will be.as indicated on
Exhibit "B".
(c) The security and collateral given to the Town will always have a
value approximating the estimated costs of Improvements remaining to be
installed; in other words, the estimated costs of Improvements remaining
to be installed will be determined from time-to-time by Subdivider using
estimated quantities provided by its Engineer from design plans and the
latest available comparable installation costs within the Subdivision. If
a comparable installation cost is not available, a reasonable cost
provided by Subdivider's Engineer will be utilized; the Town will not
unreasonably withhold its approval of any of the above mentioned estimated
costs of improvements remaining to be installed.
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3. Subject to the provisions of Paragraph 2 above and provided that
Subdivider is in compliance with the terms and conditions set forth herein, the
Subdivider may apply to the Town Council for a release of part or all of the
collateral deposited with the Town as the subject Improvements are completed
upon proof of payment by Subdivider toward the cost and/or completion of the
Improvements; any lot which has been secured by the deed of trust in favor of
the Town shall be released for its value per Exhibit "B" when said total amount
has been expended toward the completion of the Improvements. However, the Town
may refuse to release such collateral at any point in time when such release
would bring the total value of the collateral held by the Town to an amount
less than the value of the remaining uncompleted Improvements. If the Town
determines that any Improvements are not constructed in substantial compliance
with the subject specifications, it shall furnish the Subdivider within ten
(10) days after any request for release of lots or for acceptance of
Improvements a list of specific deficiencies to be corrected within a
reasonable period of time. If the Town reasonably determines the Subdivider
will not or is unable to construct any or all of the Improvements in,accordance
with all of the specifications, the Town may withdraw and may employ 'from the
deposit of collateral such funds as may be necessary to construct the
Improvements in accordance with'the specifications. However, this provision is
for the protection of the Town and does not impose any mandatory obligation
upon the Town to undertake the construction of any of the Improvements or to
pay for the construction of any of the Improvements and this provision is not
intended and shall not be interpreted to be for the benefit or protection of
third parties.
Subject to the terms of this Agreement, Subdivider may at any time
substitute any lot in the Wildridge Subdivision for any other lot held by the
Town as collateral; and all such lots shall be deemed to have a value as set
forth on Exhibit "B" for the purposes of this Agreement. Upon delivery by
Subdivider of a first deed of trust conveying any said substitute lot to the
Town as substituted collateral, the Town shall immediately release the lot held
by Town and requested to be released by Subdivider. In the event a lot in the
Wildridge Subdivision being held as collateral by the Town is sold and the
Subdivider has chosen not to provide another lot as substitute collateral for
the lot being sold, the Town agrees to accept as substitute collateral cash or
its equivalent or an assignment of the promissory note and deed of trust on
said lot accepted by Subdivider from a bona fide purchaser. In the event cash
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is accepted by Town as substitute collateral, said cash shall be invested in a
special savings account for the benefit of Subdivider with all earnings thereon,
being credited to Subdivider.
4. Subdivider shall furnish to Town a commitment for title insurance from
a title insurance company licensed to do business in the State of Colorado on
the real property referred to in Paragraph 2 above. Further, upon the
acceptance by the Town of said real property collateral, Subdivider shall
deliver the final title insurance policy to Town after the recordation of the
above referenced first deed(s) of trust on the subject property and Subdivider
shall pay the premium for said title insurance policy; and any recording fees
related to the conveyance and/or release of the collateral referred to in' this
Agreement.
5. Town shall not, nor shall any officer or employee thereof, be liable
or responsible for any accident, loss or damage happening or occuring to the
Improvements specified in this Agreement prior to the completion and acceptance
of the same'; nor shall Town, nor any officer or employee thereof, be liable for
any persons or property injured by reason of the nature of said Improvements,
and all of said liabilities shall be and are hereby assumed by Subdivider.
The Subdivider 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 Town 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) that arise out of or are based upon any
performance by Subdivider hereunder; and the Subdivider shall reimburse Town
for any and all legal or other expenses reasonably incurred by Town 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 otherwise have.
6. Subdivider shall at all times, (after the acceptance by the Town of
the road rights-of-way offered for dedication in the subject Subdivision up to
the completion by Subdivider and acceptance of the subject Improvements by
Town) give good and adequate warning to the traveling public of each and every
dangerous condition existent in said roads or any of them, and shall protect
the traveling public from such defective or dangerous conditions, until the
completion of all the Improvements herein agreed to be performed, each of said
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roads not accepted as improved shall be under the charge of Subdivider for the
purposes of this Agreement. Furthermore, the Subdivider may close all or a
portion of any street or road which has not been accepted by Town whenever it
is necessary to protect the traveling public during the construction or
installation of the Improvements herein agreed to be made.
7. Subdivider warrants all work and material for a period of one year
after acceptance by the Town and completion of improvements in accordance with
the approved plans and specifications. Acceptance by the Town of all completed
work shall not be unreasonably withheld. Further, Town shall have a right to
retain security or collateral provided by Subdivider reasonably sufficient to
cover any and all reasonable claims under this warranty. Town agrees to accept
all roads or segments thereof when completed by Subdivider in accordance with
said applicable road designs and specifications and to operate and maintain
said roads thereafter.
8. The Wildwood Resort may be constructed in phases. The final plans for
each respective utility and/or public improvement will be provided at the time
each improvement is proposed to be constructed with a request fo,r a
construction permit to be issued by the Town of Avon. Said construction
permits shall not be unreasonably withheld, but reasonable time shall be
allowed for review and approval by the Town or its designated representative.
9. The following road construction procedures shall apply:
(a) Subgrade will be constructed and compacted to 95% of the
Standard Proctor Density.
(b) The Subdivider will make daily compaction tests and periodic
density tests. Monthly reports will be furnished to the Town of Avon.
The Town of Avon will provide periodic inspection as deemed necessary to
assure conformance to the specifications approved.
(c) After installation of utilities and compaction of trenches
have been accepted by the Town of Avon, the Subdivider shall submit
C.B.R. (California Bearing Ratio) tests to determine the actual amount of
gravel and asphalt required in the approved pavement design specifications
for the approved road plans. once the subgrade has been shaped
accordingly to the approved final road plans, proof rolling by a single
axle dump truck of the entire subgrade will be made in the presence of a
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representative for the Town of Avon. Any unacceptable areas (areas
containing significant alligatoring and/or rutting) will be removed and
recompacted to 95% of the Standard Proctor Density to assure a uniform
subgrade. Upon acceptance of the subgrade, the gravel base will be
placed.
(d) Gravel base will have density tests taken to assure it meets
95% of the Standard Proctor Density Compaction requirement prior to
paving. Where asphalt paving will be delayed for one year after gravel
placement, the Town of Avon will inspect the roads prior to issuing a
paving permit. The gravel inspection will determine the amount of gravel
required to bring the gravel base back to the design thickness
requirements. The permit, will define the gravel required and any areas
requiring additional repair. Additional repairs will be compacted to 95%
of the Standard Proctor Density.
(e) Cut slopes may be adjusted to fit existing soil conditions if,
during construction, the actual soil conditions are determined to be
different than on the final plans. Field alignment adjustments may be
made where engineering geometry creates excessive cuts or fills; however,
the alignment integrity will be retained. If retaining walls are
recommended by the soils engineer, they shall be installed by Subdivider.
(f) The road grades shown on the final approved road plans are to be
considered maximum grades for construction. However, in certain cases
where field conditions indicate the roadway will be improved, the final
road grades may be increased or decreased by a one percent (1.00X) grade
so long as the maximum grade on any road does not exceed 10% on any
portion of said roads.
(g) Gravel base course material shall meet or exceed ninety-five
percent (95X) of the Standard Proctor Density immediately prior to
paving.
(h) Roads will be slope staked at.not more than 100 foot intervals.
Culvert inlets and outlets will be staked and adjusted to fit the thalweg
of the existing arroyo. Prior to issuance of a road gravel permit, drop
inlets if required will be shown on the plans to be completed before final
paving. Subgrade and gravel base will be checked by hand levels to assure
conformance with the design plan cross slopes.
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(i) Road pavement design C.B.R. tests will be taken at intervals not
to exceed 4,000 foot with intermediate P.I. (Plastic Index) soil
identifications being taken. If a significant difference in P.I. is
found, additional C.B.R. tests shall be taken.
10. Reseeding will be applied in accordance with a Re-Vegetation Plan
previously approved by the Town of Avon to areas of road excavation, fill
slopes and utility construction disturbance on those slopes reasonably
determined to be capable of re-vegetating. The road cut and fill areas of the
roads in the Wildwood Resort may have experimental re-vegetation areas so that
the most effective final re-vegetation methods may be utilized.
11. After subgrade preparation of roads in the Wildwood Resort is
completed, a field trip with an authorized representative(s) of the Town of
Avon will be made to determine the location and amount of guard rail required.
The Town of Avon will make application relative to assistance with guard rail
to the Colorado Department of Highways for "Off-System Safety Funds" from the
U.S. Department of Transportation. In the event Federal funds are not provided
to the Town, the Subdivider shall be required to install guard rail at its
expense. The guard rail will be installed when final asphalt paving is done.
12. Subdivider shall be required to stub out water and sewer service
connections from the main water lines within the road right-of-way so as to
serve each lot to the property line.
13. Subdivider shall obtain the monumentation of the external boundaries
of the subdivision and boundaries of the blocks within the subdivision in
accordance with Sections 38-51-101 et seq, C.R.S., as amended. Steel pins with
metal caps set in 8 inch concrete monuments 36 inches deep shall also be set at
a minimum of two (2) property corners at all road intersections and at six
traverse points selected by Subdivider's engineer at locations which will
facilitate future surveys; no monuments shall be required on curves or other
additional points.
14. Temporary erosion control facilities shall be installed during
construction of improvements to minimize surface water runoff and siltation;
facilities may include siltation settling basins, straw bale dams, earthen or
rock berms, etc.
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15. If excessive erosion is evident due to excessive.water being
discharged through culverts during the subdivision development, then rip rap
shall be placed to eliminate such excessive erosion at Subdivider's expense.
16. This Agreement may be amended from time-to-time, provided such
amendment be in writing and signed by all parties hereto.
17. Fees in accordance with the Town's proposed Subdivision Regulations,
for the review of Preliminary Plan and Final Plats (with 4 lots) have been paid
in full and accepted by the Town in the amount of $290.00 (Two hundred and
ninety dollars).
18. Additional fees shall he assessed to Subidivider from time-to-time to
cover inspection of construction by the Town. Said fees will be at the rate of
$500 for each 1;000 linear feet of road. It is estimated that there will be
2,800 linear feet of road in the Wildwood Resort Subdivision and that said
inspection fees will approximate S1,400.00 (Fourteen hundred dollars).
19. The Town hereby approves the final plat of Wildwood Resort
Subdivision, subject to the terms and conditions of this Agreement.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals
the clay and year first above written.
1 ' it
Pafiicia J. Doy e, Town perk
TOWN OF AVON, STATE OF•COLORADO
By:
."Shei1 Davis, Mayor Pro Tem T
SECTION 36, INC., a Colorado
corporation
By.
s ident
WILDRIDGE DEVELOPMENT COMPANY,
a Colorado partners ip
By:
A. J. Wells, Authorized Agent
ACKNOWLEDGMENT
1
STATE OF COLORADO)
) ss.
COUNTY OF EAGLE )
The foregoing instrument was acknowledged before me this `1'!t day of
Aprj , 1985, by A.J. Wells, as President for Section 36, Inc., a
Colorado corporation and as Authorizer) Agent for Wildridge Development Company,
a Colorado partnership.
Witness my hand and official seal.
My commission expires: LA/'1 1 1'6?
-r I ry,p, GV i -
Notary Public
01,2111- CC MI-27
Address
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EXHIBIT "A"
SUBDIVISION IMPROVEMENTS
WILDWOOD RESORT SUBDIVISION
Said Improvements shall include excavation, embankments, paved surfacing,
drainage work, installation of culverts, underground electrical transmission
lines, sewage collection transmission lines, and restoration and re-vegetation
of terrain disturbed by said Improvements. All of the above as more
specifically set forth on the final plat for the Subdivision, and those public
improvements maps, plans, and specifications for said Subdivision as, filed with
the Town of Avon, State of Colorado, all of said documents incorporated herein
by this reference, including but not limited to the documents listed below:
1. Final Plat, Wildwood Resort Subdivision, Avon, Eagle County, Colorado;
2. Road Construction Plans, Wildwood Resort Subdivision;
3. Wildwood Resort Subdivision Re-Vegetation Plan.
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EXHIBIT "B"
SUBDIVISION IMPROVEMENTS AGREEMENT
WILDWOOD RESORT SUBDIVISION
The collateral to be held by the Town of Avon 'which shall secure the
Promissory Note for $283,500.00 worth of improvements per Exhibit "A"
hereinabove shall be five (5) duplex lots in the Wildridge Subdivision. The
lots and the agreed upon values of each are as follows:
Lot 35, Block 2 $ 68,250.00
Lot
64,
Block
3
68,250.00
Lot
65,
Block
3
68,250.00
Lot
66,
Block
3
68,250.00
Lot
68,
Block
3
68,250.00
TOTAL COLLATERAL VALUE
$341,250.00
_ - - ' , _ • ~ - _ s ._s.a+' _w-~ a Y ~ -
$t_283,500-00 Avon ,Colo., April 9 '1923-
- T11~ !aEy8W, for value received we
promise
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office of same at
Avon ColoraTo;o Hundred Eighty-three Thousand Five H Br ars,
payable in accordance with
and subject to the terms of that certain Subdivision Improvements Agreement
dated April , 1985 by and between Makers and Payee herein; said instrument
incorporated herein by this reference.
IT IS AGREED that if this note is not paid when due or declared due hereunder, the principal and accrued interest thereon shall draw interest
at the rate of 19 per cent per annum, and that failure to make any payment of principal or interest when due or any default under any
incumbrance or agreement securing this note shall cause the whole note to become due at once, or the interest to be counted as principal,
at the option of the holder of the note. The makers and endorsers hereof severally waive presentment for payment, protest, notice of non-
payment and of protest, and agree to any extension of time of payment and partial payments before, at or after maturity, and if this note
or interest thereon is not paid when due, or suit is brought, agree to pay all reasonable costs ofcollection, including a reasonable amolatent for
attorney's fees, and if foreclosure is made by the Public Trustee a reasonable amount
for attorney's fees to be added by the Public Trustee to the cost of foreclosure.
Section 36, Inc., a Colorado Wildridge D velopme m ny, a Colorado
corporation pa to 'p
B
By; .A. s, Aut o ize g
a resident
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Recorded al u'c M..
Reception No. Recorder
DEED OF TRUST
THIS INDENTURE, Made this 9th day of April 1985 between
Wildridge Development Company, a Colorado partnership
whose address is P.O. Box 954, Avon, Colorado 81620
hereinafter referred to as grantor, and the Public Trustee of the *County of Eagle
in the State of Colorado, hereinafter referred to as Public Trustee. Witnesseth:
gg~~ THAT, WHEREAS, grantor and Section 36, Inc., a Colorado corporation
hhascxeruted a prtimissory notckJVg1c1. NQ4(Qr/fdrdJ pJl/t$V4r&,VlJr1dated April , 1985 for the
principal sttm of $283,500.00 Dollars, payable to the ordcrof The Town of Avon, Colorado
whose address is P.O. Box 975, Avon, Colorado 81620
/f!<✓~v~0~➢~~/~q~:/Gl~tl~ ~ei/e/t~h~e~f~r✓f/o~✓ti~e~d~ti~ ~~~f/
in accordance with and subject to the terms
and conditions of that certain Subdivision Improvements Agreement dated April ,
1985 by and between grantor and the Town of Avon, Colorado, said instrument
incorporated herein by this reference.
AND WHEREAS. The grantor is desirous of securing payment of the principal and interest of said promissory note in whose hands soeverthe said
note or any of them may be.
NOW. THEREFORE. The grantor, in consideration of the premises and for the purpose aforesaid, does hereby grant, bargain, sell and convey
unto the said Public Trustee in trust forever. the following described property. situate in the County of
Eagle . State of Colorado, to wit:
Lot 35, Block 2, Lots 64, 65, 66,and 68, Block 4 Wildridge Subdivision, as per
recorded Replat #2 thereof, as recorded in Book 330 at Page 78, County of Eagle,
State of Colorado.
TO HAVE AND TO HOLD the same, together with all and singular the privileges and appurtenances thercunto belonging: In Trust nevertheless, that
in case of default in the payment of said note orany of them, orany part thctrof. or in the payment of the interest thereon, according to the tenorand effectof
said note or any of them, or in the payment of any prior encumbrances, principal or interest, if any, or in case default shall be made in or in case ofviolation
or breach of any of the terms, conditions, convenants or agreements herein contained, the beneficiary hereunder or the legal holder of the indebtedness
secured hereby may declare a violation of any of the covenants herein contained and elect to advertise said property for sale and demand such sale, then,
upon filing notice of such election and demand for sale with the Public Trustee. who shall upon receipt of such notice of election and demand for sale cause
a copy of the same to he recorded in the recorder's office of the county in which said real estate is situated. it shall and may be lawful for the Public Trustee
to sell and dispose of the same (en masse or in separate parcels, as the said Public Trustee may think best), and all the right, title and interest of the grantor,
his heirs or assigns therein, at public auction at the East front door of the Court House, in the County of Eagle
. State of Colorado, or on said premises. orany part thereof as may be specified in the notice of said sale, for the highest and best price the
same will bring in cash, lour weeks public notice having [wen previously given of the time and place of such sale, by advertisement, weekly, in some
newspaper of general circulation at that time published in said County of Eagle . a copy of which notice shall be mailed
within tell days from the date of the first publication thereof to the grantor at the address herein given and to such person or persons appearing to have
acquired a subsequent record interest in said real estate at the address given in the recorded instrument; where only the county and state is given as the
address then such notice shall be mailed to the county scat, and to make and give to the purchaseror purchasers of such property at such sale, a certificate
or certificates in writing describing such property purchased, and the sum or sums paid therefor, and the time when the purchaser or purchasers (or other
person entitled thereto) shall he entitled to a deed or deeds therefor. unless the sane shall be redeemed as is provided by law; and said Public Trustee shall,
upon demand by the person or persons holding the said certificate or certificates of purchase, when said demand is made, or upon demand by the person
entitled to a deed to and for the property purchased, at the time such demand is made, the time for redemption having expired, make and execute to such
person or persons a deed or deeds to the said property purchased, which said decd or deeds shall be in the ordinary form of a conveyance, and shall be
signed, acknowledged and delivered by the said Public Trustee and shall convey and quitclaim to such person or persons entitled to such deed, the said
property purchased as aforesaid and all the right. title. interest, benefit and equity of redemption of the grantor, his heirs and assigns therein, and shall
recite the sum or sums for which the said property was sold and shall refer to the pt-Aver of sale therein contained, and to the sale or sales made by virtue
thereof. and in case of an assignment of such certificate or certificates of purchase. or in case of the redemption of such property, by a subsequent
encumbrancer, such assignment or redemption shall also be referred to in such deed or deeds; but the notice of We need not be set out in such deed or
deeds and the Public Trustee shall, out of the proceeds or avails of such sale. after first paying and retaining all fees, charges and costs of making said sale,
pay to the beneficiary hereunder or the legal holder of wid note the principal and interest due on said note according to the tenor and effect thereof, and all
0
moneys advanced by such beneficiary or legal holder of said note for insurance. taxes and assessments. with interest thereon at 12 per cent per
annum, rendering the ovcrplus, if any. unto the grantor, his legal representatives or assigns; which sale or sales and said deed or deeds so made shall be a
perpetual bar, both in law and equity, against the grantor. his heirs and assigns, and all other persons claiming the said property, or any part thereof, by, ,
from, through or under the grantor, or any of them. The holder or holders of said note or notes may purchase said property or any part thereof; and it shall
not be obligatory upon the purchaser or purchasers at any such sale to see to the application of the purchase money. If a release deed be required, it is
agreed that the grantor, his heirs or assigns. will pay the expense thereof.
`If in Denver, insert "City and."
No. 34IA. Rev. 2-84. DEED OF TRUST (Public Trustee) With Due on Sale Chiaw
Bradford Publishing. 5825 W. 6th Ave.. Lakewood. CO 80214 - (303) 233-6900
3-84
When recorded, return to
M
And the grantor, for himself and his heirs, personal representatives or assigns covenants and agrees to and with the Public Trustee, that at the time of
the enscaling of and delivery of these presents he is well seized of the said land and tenements in fee simple, and has good right, fill power and lawful
authority to grant, bargain, sell and convey the same in the manner and firm as aforesaid. hereby fully and absolutely waiving and releasing all rights and
claims he may have in or to said lands, tenements, and property as a Homestead Exemption, or other exemption, under and by virtue of any act of the
General Assembly of the State of Colorado, or as any exemption under and by virtue of any act of the United States Congress. now existing or which max
hereafter be passed in relation thereto and that the same arc free and clear of all liens and encumbrances whatever. except current ana
subsequent years' general and special property taxes, easements, restrictions,
rights-of-way and United States of America Patent Restrictions all as of record.
and the above bargained property in the quiet and peaceable possession of the Public Trustee. his successors and assigns, against all and every person or
persons lawfully claiming or to claim the whole or any part thereof. the grantor shall and will Warrant and Forever Defend.
Until payment in full of the indebtedness, the grantor shall timely pay all taxes and assessments levied on the property: any and all amounts due on
account of principal and interest or other sums on any senior encumbrances, if any. and will keep all improvements that may be on said lands insured
against any casualty loss, including extended coverage. in a company or companies meeting the net worth requirements of the beneficiary hereof in an
amount not less than the then total indebtedness. Each policy shall contain a loss payable clause naming the beneficiary as mortgagee and shall further
provide that the insurance may not be canceled upon less than ten days written notice to the beneficiary. At the option of the beneficiary, the original policy
or policies of insurance shall be delivered to the beneficiary as further security for the indebtedness. Should the grantor fail to insure and deliver the
policies or to pay taxes or assessments as the same fall due, or to pay any amounts payable upon senior encumbrances, if any, the beneficiary may make any
such payments or procure any such insurance, and all monies so paid with interest thereon at the rate of 12% % per annum shall be added to and
become a part of the indebtedness secured by this Deed of Trust and may be paid out of the proceeds of the sale of the property if not paid by the grantor. In
addition. and at its option, the beneficiary may declare the indebtedness secured hereby and this Deed of Trust to be in default for failure to procure
insurance or make any of the payments required by this paragraph.
c tf~{'~pJ•~rt~ju.~ ~f~`plhlli lL ~'~a`rl t/y Y~JJ~' r/f ifi ~/~`1F1~fJ~Jn~~fl/h~eJ Vf,tVcvgJ~r}'~~l1Y~ Vep`yy9`/~~t~~/6y("yy~~r )f`Jar~"49E~461~5~9~>/~~46 ~{Q`0t/JCJy9) 11
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fIQ1Nt~L[~If LICi1SC~ll'n,:~71 r~'IeS3 t1
_
AND THAT IN CASE OF ANY DEFAULT, Whereby the right of foreclosure occurs hereunder, the Public Trustee or the holder of said note or
certificate of purchase, shall at once become entitled to the possession. use and enjoyment of the property aforesaid, and to the rents, issues and profits
thereof, from the accruing of such right and during the pendency of foreclosure proceedings and the period of redemption, if any there be: and such
possession shall at once be delivered to the Public Trustee or the holder of said note or certificate of purchase on request, and on refusal, the delivery of
such possession may be enforced by the Public Trustee or the holder of said note or certificate of purchase by any appropriate civil suit or proceeding, and
the Public Trustee, or the holder of said note or certificate of purchase. or any thereof, shall be entitled to a Receiver for said property, and of the rents,
issues and profits thereof, after such default, including the time covered by foreclosure proceedings and the period of redemption, if any there be, and shall
be entitled thereto as a matter of right without regard to the solvency or insolvency of the grantor or of the then owner of said property and without regard to
the value thereof, and such Receiver may be appointed by any court of competent jurisdiction upon cx parte application and without notice -notice being
hereby expressly waived - and all rents, issues and profits. income and revenue therefrom shall be applied by such Receiver to the payment of the
indebtedness hereby secured. according to the law and the orders and directions of the court.
AND, That in case of default in any of said payments of principal or interest. according to the tenorand effect of said promissory note aforesaid, or any
of them, or any part thereof, or of a breach or violation of any of the covenants or aercenrents herein, by the grantor, his personal representatives or assigns,
then and in that case the whole of said principal sum hereby secured. and the interest thereon to the time of the sale. may at once, at the option of the legal
holder thereof, become due and payable, and the said property be sold in the manner and with the same effect as if said indebtedness had matured, and that
if foreclosure be made by the Public Trustee, an attorney's fee of the sum of a reasonable amount of dollars
for services in the supervision of said foreclosure proceedings shall he allowed by the Public Trustee as a part of the cost of foreclosure, and if foreclosure
be made through the courts a reasonable attorney's fee shall be tared by the court as a part of the cost of such foreclosure proceedings.
The singular number shall include the plural. the plural the singular. and the use of any gender shall be applicable to all genders.
Executed this 9th day of April f9 85
ATTFtiT:
(SL AU
State of Colorado
ss.
County of Eagle
The foregoing instrument was acknowledged before me in the County of Eagle
State of Colorado , this Tfrt~ day of April , 1985 by A. J. Wells as
authorized agent for Wildridge Development Company, a Colorado partnership.
Witness my hand and seal.
My commi:si: ti expires Ll/1 I Q ~~rt ~t+ t P-C Q 7
NiRar% Public
V Aare .
C
April 4, 1985
Mr. Bill James, Town Manager
Town of Avon
P.O. Box 975
Avon, CO 81620
RE: Wildwood Resort Subdivision
Dear Bill:
40
As promised at our meeting of April 2, 1985, enclosed herewith is a copy
of the Subdivision Improvements Agreement for the above referenced
subdivision that we propose for approval at the April 9, 1985 Town
Council meeting when the subdivision plat is up for final approval.
This is in direct response to the first part of item 10 of the staff
review comments in Norm Wood's letter dated April 1, 1985. This
agreement is very similar to the Wildridge Subdivision Improvements
Agreement of 1979 which was used as a guide in drafting this agreement
but only includes applicable items specific to the Wildwood Resort.
Also attached to the agreement is a promissory note and a deed of trust
to secure the note which is in the amount of the estimated improvements
to be completed in the Wildwood Resort. If acceptable, the agreement,
the promissory note and the deed of trust will be executed in connection
with the final plat approval. If you have any comments or recommended
changes, we would like, if possible, to discuss them with you and your
staff prior to April 9, 1985 so that you can present a draft to the
Council that is in approvable form.
Also as we discussed on April 2, 1985, items 1 through 8 of Norm's
letter are no problem and are being taken care of as appropriate.
However, item 9 regarding changing the easement along Nottingham Road is
not possible to resolve by us because this is an item that must be
addressed and agreed to by the new owner of the hotel site (Lot 1) at
the time they receive approval of their Precise Site Plan. The second
part of item 10 regarding piping of Buck Creek is being dealt with by an
easement certificate from Avon Metropolitan District which will appear
on the final plat for signature by the District. The revised final plat
reflecting the necessary changes is being resubmitted under seperate
cover for the staff's review.
RECEIVED APR 41985
).',Q J Wildwood
A Section 36, Inc. Development
Box 329, Avon, Colorado 81620-Phone (303) 949-5743
Mr. Bill James, Town Manager
Town of Avon
April 4, 1985
Page 2
The only other open item per Norm's letter involves comments that may
result frcan review by the Town attorney of the Protective Covenants for
the subdivision. As you indicated Bill, the review of these private
covenants is not necessary and possibly a waste of Town funds, a view
that we share with you.
Thank you in advance for your time and attention to these matters.
Sincerely,
LDG/nmc
cc: John Dunn
Norm Wood
Dan Fogland
A.J. Wells
Section 3b,
By:
L D.