TC Res. No. 1995-33TOWN OF AVON
RESOLUTION NO. 95-33
SERIES OF 1995
A RESOLUTION APPROVING THE FINAL PLAT AND SUBDIVISION
IMPROVEMENTS AGREEMENT FOR NOTTINGHAM STATION. PUD
AMENDMENT NO. 2, A RESUBDIVISION OF LOT 3, NOTTINGHAM
STATION, TOWN OF AVON, EAGLE COUNTY, COLORADO
WHEREAS, Canyon Run, LLC and Avon Crossing, LLC have submitted a Final
Plat and Subdivision Improvements Agreement for Nottingham Station, PUD
Amendment No. 2, A Resubdivision of Lot 3, Nottingham Station, Town of Avon, Eagle
County, Colorado; and
WHEREAS, the Final Plat andSubdivision Improvements Agreement were found
to conform with the Preliminary Plat for Nottingham Station, PUD Amendment No. 2, A
Resubdivision of Lot 3, Nottingham Station, as approved by Resolution No. 95-18; and
WHEREAS, the Final Plat and Subdivision Improvements Agreement were
found to be in general conformance with the 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 and Subdivision Improvements Agreement for Nottingham
Station, PUD Amendment No. 2, A Resubdivision of Lot 3, Nottingham Station, Town of
Avon, Eagle County, Colorado, is hereby approved by the Town of Avon, subject to the
completion of following prior to the recording of the Final Plat:
1. Completion of technical corrections as identified by Town Staff,
2. Submission of executed documents for dedication of strong public access
easement, or dedication of Tract C to the Town of Avon for public open space;
3. Submission of executed documents for dedication of appropriate easements or
rights-of-way for Hurd Lane, across Lot 1 and Tract B, Eaglebend Subdivision,
Filing No. 4; and
4. Submission of an irrevocable letter of credit as stipulated in Subdivision
Improvements Agreement as collateral for completion of improvements as required
by Section 16.24. 100 of the Avon Municipal Code.
ADOPTED THIS 13TH DAY OF JUNE, 1995
TOWN COUNCIL
TOW OF AVON COLORADO
Albert J. Reyn s, M t~p
Patty Neyhar CMC
Town Clerk
06-09-1995 03:32AM FROM WRBT TO 9499139 P.02
suwxvISION IwRovmamTs AGRSEbffiQT
THIS AGREEMENT, made and entered into this day of
1995, by and between Canyon. Run LLC, a Colorado
11 limited liability company, as Tenants in Common with Avon Crossing
LLC, a Colorado limited liability company, hereinafter referred to
collectively as "Subdivider", and the Town of Avon, a Colorado
Municipality,'by and through its Council, hereinafter referred to
as "the Town."
WITNESSETH:
WHEREAS, Subdivider, in connection with the approval of the
final plat for Nottingham Station P.U.D., Amendment No. 2, a
Resubdivision of Lot 3, Nottingham Station, Eagle County, Colorado
(the "Subdivision"), desires to enter into a Subdivision
Improvements Agreement with the Town as provided for by Section
16.24.100 of the Avon Municipal Code, as amended; and
WHEREAS, pursuant to said Code, the Town desires to make
reasonable provision for completion of certain public improvements
("Improvements") set forth in Exhibit A attached hereto and by
reference incorporated herein; and
WHEREAS, Subdivider has agreed to be responsible for the
performance and completion of the Improvements.
NOW THEREFORE, in consideration of the following mutual
covenants, conditions, and promises, the parties hereby agree as
follows:
1. Subdivider agrees to furnish all equipment and material
necessary to perform and complete, in a good and workmanlike
manner, all Improvements and work incidental thereto as set forth
in Exhibit -A. Subdivider further agrees that it will be
responsible for all costs related to said work. All said work
shall be performed substantially in accordance with the
construction specifications and drawings as approved by the Town.
All work shall be done under the inspection procedures, and
standards established by the Town, shall be to the reasonable
satisfaction of the Town, and shall not be deemed complete until
approved and accepted by the Town.
2. The Town agrees to the approval of the Subdivision
subject to the terms and conditions of this Agreement; provided;
however, that in the event that the final plat of the Subdivision
is not recorded in the real property records of Eagle County,
Colorado on or before December 31,'1995, this Agreement shall
become null, and void and of no further force or effect and approval
of the Subdivision shall be automatically rescinded. Furthermore,
pursuant to Section 16.24.030 of the Avon Municipal Code, 'as
amended, all improvements shall be completed within two (2) years
of the date of the Town's approval of the final plat of the
Subdivision.
TOTAL P.02
06-06-1995 02:27AM FROM WRBT TO 9499139 P.03
3. Subdivider shall at all times prior to acceptance of the
roadway by the. Town give good and adequate warning to the traveling
public of each and every dangerous condition existent in said roads
and shall protect the traveling public from such defective or
dangerous conditions. Until the completion of all the Improvements
herein agreed to be constructed, roads not accepted as improved
shall be under the charge of subdivider for the purpose of this
Agreement; and Subdivider may close all-or, a portion of any street
or road within the Subdivision whenever it is,necessary to protect
the traveling public during the construction or installation of the
improvements herein agreed to be made.
4. Upon completion of portions of the Improvements,
Subdivider will cause its engineers (who shall be registered in the
State of Colorado) to certify in writing that the installation of
the Improvements, or portions thereof as may be completed from time
to time, have been completed in conformance with all standards,
drawings and specifications as submitted to and previously approved
by the Town. Inspection reports, test results and other supporting
documentation shall be submitted with the certification. The Town
may provide periodic inspections as it deems necessary to assure
conformance with approved plans and specifications. Fees in
accordance with the Town's subdivision regulations for the review
of preliminary plans and final plats have' been paid in full.
Additional fees shall be paid to the Town by Subdivider to cover
the cost of inspections by the Town. These additional fees will
not exceed five percent (5%) of the total construction costs. The
fees will be based on direct (out-of-pocket) costs of the Town plus
fifteen percent (15k) of said costs for administration.
5. Subdivider agrees to commence construction of. the
Improvements prior to'the issuance of a building permit for any .lot
in the Subdivision. Commencement of construction of the
Improvements shall be deemed to mean the award and execution of
contracts for the completion of the improvements. Subdivider
agrees that construction of all Improvements shall be completed
prior to the issuance of a certificate of occupancy, except for any
items which the Town expressly agrees, in writing, may be completed
after the issuance of a certificate of occupancy.
6. Subdivider agrees that in the event it shall fail to
perform its obligations as set forth herein, the Town shall be
under no obligation to'complete or perform any of the Improvements
or to issue permits for development within the Subdivision.
7. 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. All of said liabilities are hereby assumed- by
Subdivider. Subdivider hereby agrees to indemnify and hold
2
66-08-1995 02:27AM FROM' WRBT TO 9499139 P.04
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 to, because of any losses, claims, damages or liabilities
(or actions in respect thereof) that arise out of, or are based
upon, any obligation of Subdivider as hereinbefore stated.
Furthermore, Subdivider 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.
S. (a) Subdivider shall deliver to the Town an irrevocable
letter of credit issued by Norwest Bank, Colorado, N. A. in an
amount equal to one hundred and ten percent (110%) of the estimated
costs of completion of all Improvements. The estimated costs of
completion of all improvements is set forth on Exhibit 8 attached
hereto. Said letter of credit shall be delivered to the Town prior
to, or concurrently with, recording of the final plat. The Town
agrees that on a monthly basis, subsequent to the Town's approval
of work on the Improvements, the Town will approve construction
draws for the Subdivision. Provided that Subdivider submits a
schedule of work completed no later than the first of the month,
the Town shall consider the approval at its first monthly council
meeting. Upon the approval of such construction draws, the letter
of credit amount shall be reduced by the amount of such draw;
provided, however, that-in no event will any such reduction cause
the amount remaining under said letter of credit to be less than `an
amount equal to one hundred and ten percent (110%) of the estimated
costs of completion of all remaining Improvements. Upon completion
of all work related to the Improvements and the Town's acceptance
of the Improvements, the entire amount remaining under the letter
of credit, less those sums described in Section 9 below, shall be
released.
(b) Subdivider may at any time substitute the letter of
credit deposited with the Town pursuant hereto for another form of
collateral acceptable to the Town to guaranty the faithful
completion of the Improvements and the performance of the terms of
this Agreement.
9. The improvements shall be warranted to be free from
defects in workmanship or quality for a period of one (1) year
after acceptance of all work by the Town. In the event of any such
defect, the Town may require Subdivider to correct the defect in
material or workmanship. An amount equal to ten percent (10k) of
the total actual cost of completion of all Improvements shall be
retained under the letter of credit during such one (1) year period
as a guaranty of performance of any work required pursuant to the
above-described warranty. In the event any corrective work is
performed during the one year warranty period then the warranty on
said corrected work shall be extended for one (1) year from the
date on which it is completed. Subdivider agrees to allow one
hundred and twenty-five percent, (125%-) of the cost of any corrected
3
06-08-1995 02:28AM FROM WRBT TO 9499139 'P.05,
GRANT OF EASBM MT
THIS GRANT OF EASEMENT made and entered into this day of
1995, by Canyon Run LLC, a Colorado limited
liability company ("Canyon Run") and Avon Crossing LLC, a Colorado
limited liability company ("Avon Crossing") (Canyon Run and Avon
Crossing collectively, "Grantor") for the purposes of granting an
open space easement to The Town of Avon; a'Colorado Municipality
("Grantee"), WITNESSETH:
WHEREAS, Grantor is the owner of certain real property situate
in Eagle County, State-of Colorado (referred to herein as "Tract
C"), more particularly described as follows:
Tract C, Nottingham Station P.U.D., Amendment No. 1, a
Resubdivision of Lot 3, Nottingham Station.
WHEREAS, Grantor desires to grant a nonexclusive open space
easement to Grantee for Tract C, subject to the terms and
conditions hereafter set-forth.
NOW, THEREFORE, in consideration of. the covenants-herein and
other good and valuable consideration, the receipt and sufficiency
of which are hereby acknowledged, the parties hereto agree' as
follows:
1. Grant of Easement. By this Grant of Easement, Grantor
grants and conveys to Grantee for itself and its successors and
assigns a nonexclusive, perpetual easement across, through and over
Tract C (the "Easement") to Grantee for Grantee's use of Tract C as
described herein. Grantee's use of the Easement shall be
restricted exclusively to open space and recreational uses, and
shall not unreasonably interfere with Grantor's use of Grantor's
adjacent property for residential purposes.
2.. Covenants Running With the Land. The benefits and
burdens of this Easement will run with the land and will bind and-
benefit-Grantor, Grantee, and their respective successors and,
assigns.
3. Indemnify and Hold Harmless. Grantee shall indemnify and
hold harmless Grantor from and against any liability for injury or
death of any person or damage to any property, caused, by any action
of Grantor in connection with the Easement. In case Grantor shall,
without default'on its part, be made a party to any litigation
commenced by or against Grantee, or incur any legal expenses
(including attorney fees) or other costs for which it is to be
indemnified hereunder, Grantee shall protect and hold Grantor
harmless and pay all costs, penalties, charges, damages, expenses,
and reasonable attorney's fees incurred or paid by Grantor.
06-08-1995 02:28AM FROM WRBT TO 9499139 P.06
4. Reversion. At such time and in the event that the
Easement shall be abandoned, Grantee's interest in the easement
shall revert, to Grantor.
5. Countemarts. This agreement may be executed in
counterpart _ copies which when taken together will evidence the
agreement of the parties.
6. Governing Law. This agreement will be governed by and
interpreted in accordance with the laws of the State of Colorado.
GRANTOR:
AVON CROSSING LLC,
a Colorado limited liability
company
By:
By: SHAPIRO DEVELOPMENT CO.,
a Colorado corporation,
Manager
CANYON RUN LLC, a Colorado
limited liability company
BY=
Jerry B. Landeck,
Executive vice President
GRANTEE:
ATTEST:
Town-Clerk
TOWN OF AVON, A COLORADO
MUNICIPAL CORPORATION
By:
Mayor
2
06-08-1995 02:29AM FROM WR&T TO 9499139 P.07
STATE OF COLORADO )
) SS
COUNTY OF EAGLE )
The foregoing instrument was acknowledged before me-this.
_
day of , 1995, by ,
as of Avon Crossing LLC, a Colorado limited
liability company.
WITNESS my hand and official seal:
My Commission Expires:
Notary Public
STATE OF COLORADO )
)ss
COUNTY OF EAGLE )
The foregoing instrument was acknowledged before me this
day of , 1995, by Jerry B. Landeck as.
Exedutive Vice President of Shapiro Development Co., a Colorado
corporation, the Manager of Canyon Run LLC, a Colorado limited
liability company.
WITNESS my hand and official seal:
My Commission-Expires:
Notary-Public
3
66-08-19% 02:29AM' FROM WRBT TO 9499139 P.08
STATE OF COLORADO
SS
COUNTY OF EAGLE )
The foregoing instrument was acknowledged before me this
day of 1995, by'
as mayor, and as Town Clerk, of the Town of
Avon.
WITNESS my hand and official seal:
My Commission Expires:
Notary Public
A-&. ftC=y. do
4
06-09-1995 02:29AM FROM WR&T TO 9499139 P.09
Recorded at o'clock 115.,
Reception Na Recorder
SPECIAL WARRANTY DEED
THM DEED, Made this day of .1995
between Canyon Run LLC, a Colorado limited liability
company and Avon Crossing LLC, a Colorado limited
liability company'
Ccnyar- Eagle
of the
. Sttue of Colorado, patter(s) and
The Town of Avon, a Colorado municipality
whoselegala&kmis P.O. Box 975
Avon, CO 81620
of the County of Eagle , Stan of Colatado, gmw*sk
WrftC S M That the Vaalo *1 for and in consideration of the som of Ten Dollars and other good and
valuable consideration-a---------------------- DOLLARS,
Iho tooeipa and SuMdeaey of whi -b htacby atdmowledgod, ha Ye sumd, bargaiaod, sold and oonvcyod, and by these presents do giant,
b=Pin, s4 convey. and o fi m. tmto the smnw*) its suecesiffLd assips forcm all Uu rW proputy, =Vas a with improvements,
if ac% shnau, lying and being in Wo County of Eagle . Slue of Cd=doq
desalbed as foitowx
Tract C, Nottingham Station, P.U.D. amendment No. 2, a Resubdivision
of Lot 3, Nottingham Station.. accbrditng•.to• tRe Plat thereof recorded
199.5 in Book at Page
The subject property is restricted exclusively to open space and
recreational uses and its uses shall not unreasonably interfere
with Grantor's use of Grantor's adjacent property for residential
purposes.
also (mown by street and number ac
TOGSTJBER wM all and sia®otar the hcmauameats and appurte thereto bdonging or in mywise a➢portaiaing, and Utn reversion nerd
rev== 4 remainder ad rmoaindtxs, teats. aid Wd" thero0E nerd alt the amu. tight, tith:, "weeca claim aM demand whaawwr of the
9a>a01(s), either in taw or equitl of, in nerd w the above bargained premise; with the heko91 meets and spportenanmn
TO HAVE AND TO HOLD the said premises above bargained and dosaibcd with the apow mawm umo ft its sue
andauwsfem-Tbcwanto*).fw them selves , their stlccees oS rS a a do Coven=
and agttx that they shall and will WARRANT AND FOREVER DEFEND the abovohatp=d'pse,= is the quiet arsd pta>cmble
powesdon Crum gcante ftits suece rs assign4 apical all and every pemon to Pmum chiming the whole or any part thctwf by.
Ll wu& order dw aanw*i
IN WTLNESS WHERFAF. the gmwc*) bs Ve mcutcd this deed oa Utc date act knh above.
AVON CROSSSNG LLE, A COLORADO LIMITED
LIABILITY COMPANY
B
SWE OF COLORADO , Manager
Cagy of Eagle
The forming insteameat was adsowledgod before me this day of ,19 95
by as Manager of Canyon Run LLC, a Colorado limited
liability company and as manager of Avon Crossing LLC, a
Colorado limited liability company. Wan= my hand w d O&W seat
My commission
-lr= D==; insect "Chy nerd.
CANYON RUN LLC, A COLORADO LIMITED
LIABILITY COMPANY.
By:
,Manager
NMYPWMC
Nt==dAdd=ttfAnt=0= tnit3vWyC WLehiDoawom4383u043rcRsJ
No. I& RM 6.91. SMCUL WAU Mtrl7t DYED
BtaditdPArwhitts 1743 Wsae St„ Vww%CO MM-(303)191~2500-3.90
Norm Wood
May 18, 1995
Page 2 of 2
EXHIBIT A
Construction of Hurd Lane from Lot 2, Nottingham Station to
the Cul-De-Sac at Eaglebend Drive, main line utility extensions for
sewer, water, gas, electric, telephone, and cable television. A
multi use path, with lighting, will be constructed from Eaglebend
Drive to Avon Road. The Metcalf Ditch will be relocated and
enclosed in a 36" pipe. These improvements are delineated on the
following drawings prepared by Inter-Mountain Engineering Ltd:
SHEET
NO.
DESCRIPTION
DATE
1
of
10
Cover Sheet
5/18/95
2
of
10
Existing Conditions
5/18/95
3
of
10
Grading & Drainage Plan
5/18/95
4
of
10
Hurd Lane Plan
5/18/95
5
of
10
Hurd Lane Profile
5/18/95
6
of
10
Shallow Utilities
5/18/95
7
of
10
Water & Sewer Plan
5/18/95
8
of
10
Sewer Profile
5/18/95
9
of
10
Metcalf Ditch Enclosure
5/18/95
10 of
10
Details
5/18/95
A Draft Construction Cost Estimate is attached.
06-08-1995 04:15AM FROM WRBT TO 9499139 P.02
work, as estimated and approved by the Town, to be retained under
the letter of credit for a period of one (1) year from the date of
completion of the corrected work.
10. This Agreement may be amended from time to time, provided
that such amendment is in writing and signed by all parties hereto.
11. In the event of a lawsuit arising out of the terms of
this Agreement, the prevailing party shall be entitled to court
costs and reasonable attorney's fees.
12. 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.
The parties hereto have executed this Agreement as of the date
above written.
TOWN OF AVON, A COLORADO
MUNICIPAL CORPORATION
ATTEST:
Town Clerk
By:
Mayor
AVON CROSSING LLC,
a Colorado limited
liability company
By:
CANYON RUN LLC, a Colorado
limited liability company
By: SHAPIRO DEVELOPMENT CO., a
Colorado corporation, Manager
By:
Jerry B. Landeck,
Executive Vice President
4
06-08-1995 04:15AM FROM WRBT TO 9499139 P.03
STATE OF COLORADO )
) SS
COUNTY OF EAGLE )
The foregoing instrument was acknowledged before me this
day of 1995, by ,
as Mayor, and , as Town Clerk, of the Town of
Avon.
WITNESS my hand and official seal:
My Commission Expires:
Notary Public
STATE OF COLORADO
SS
COUNTY OF EAGLE )
The foregoing instrument was acknowledged before me this
day of 1995, by
as of Avon Crossing LLC, a Colorado limited
1iabi 'i company.
WITNESS my hand and official seal:
My commission Expires:
Notary Public
STATE OF COLORADO )
)ss
COUNTY OF EAGLE )
The foregoing instrument was acknowledged before me this
day of , 1995, by Jerry B. Landeck as
Executive Vice President of Shapiro Development Co., a Colorado
corporation, the Manager of Canyon Run LLC, - a Colorado limited
liability company.
WITNESS my hand and official seal:
My commission Expires:
Notary Public
/agsW=an. do
L-~
TOTAL P.03
Nottingham Station
ENGINEERS COST ESTIMATE
PUBLIC IMPROVEMENTS
ITEM ITEM
NO. DESCRIPTION
1.0 GENERAL
1.1 Mobilization
2.0
EARTHWORK
2.1
Remove Topsoil
2.2
Unclassified Excavation
2.3
Embankment
2.4
Demolition
3.0
HURD LANE
3.1
Fine Grade
3.2
Class 6 Road Base
Roadway (8")
Multi Use Path (4")
3.3
4" Asphalt Paving
3.4
W Asphalt Paving
3.5
Curb & Gutter
3.6
Crosspan
3.7
Drive Apon
3.8
Concrete Sidewalk
4.0
WATER SYSTEM
4.1
12" DIP Water Main
4.2
6" DIP Water Main
4.3
Meter Vault
4.4
Fire Hydrant
5.0
DRAINAGE
5.1
36" HDPE Pipe
5.2
36" CMP Pipe
5.1
24"X38" RCP Pipe
5.2
30" HDPE Pipe
5.3
24" CMP Pipe
5.4
Headwall
5.5
Type 13 Inlet
5.6
Manhole
Inter-Mountain Engineering, Ltd.
2:56 PM 6/5/95
UNIT
TOTAL
QUANTITY
UNIT
PRICE
COST
1
L.S.
$3,000.00
$3,000.00
1620
C.Y.
$2.00
$3,240.00
5900
C.Y.
$3.00
$17,700.00
1050
C.Y.
$3.50
$3,675.00
1
L.S.
$2,500.00
$2,500.00
5444
S.Y.
$1.50
$8,166.00
2222
TONS
$17.00
$37,774.00
622
TONS
$17.00
$10,574.00
1052
TONS
$42.00
$44,184.00
429
TONS
$42.00
$18,018.00
2740
L.F.
$15.00
$41,100.00
640
S.F.
$12.00
$7,680.00
336
S.F.
$12.00
$4,032.00
760
S.F.
$12.00
$9,120.00
1495
L.F.
$55.00
$82,225.00
75
L.F.
$35.00
$2,625.00
1
EA
$60,000.00
$60,000.00
4
EA
$2,200.00
$8,800.00
151
L.F.
$47.00
$7,097.00
76
L.F.
$40.00
$3,040.00
67
L.F.
$47.00
$3,149.00
1043
L.F.
$40.00
$41,720.00
24
L.F.
$30.00
$720.00
3
EA
$300.00
$900.00
7
EA
$2,000.00
$14,000.00
7
EA
$2,000.00
$14,000.00
Page 1 of 2
NOTTPUB.XLW
Inter-Mountain Engineering, Ltd.
2:56 PM 615/95
6.0 MISC.
6.1 Street Lights 33 EA $4,000.00 $132,000.00
6.2 Retaining Wall improvements
at West end of Bike Path 1 LS $1,500.00 $1,500.00
TOTAL ESTIMATED COST $582,539.00
L.S. = Lump Sum EA = EACH
S.Y. = Square Yard C.Y. = Cubic Yard
L.F. = Linear Foot
Page 2 of 2 NOTTPUBALW