TC Res. No. 2005-20 APPROVING AND ACCEPTING THE SUBDIVIDERTOWN OF AVON, COLORADO
RESOLUTION NO. 05-20
Series of 2005
A RESOLUTION APPROVING AND ACCEPTING THE SUBDIVIDER
IMPROVEMENTS INSTALLED AND CONSTRUCTED IN ACCORDANCE WITH
THE SUBDIVISION IMPROVEMENTS AGREEMENT FOR THE VILLAGE (AT
AVON) FILING 1 AND AUTHORIZING RELEASE OF ALL RETAINAGE FOR
SUBDIVIDER PORTION OF THE PUBLIC IMPROVEMENTS
WHEREAS, the Town of Avon entered into a SUBDIVISION IMPROVEMENTS
AGREEMENT, dated November 13, 2001, with Traer Creek LLC and Traer Creek Metropolitan
District in connection with the approval of the Final Plat for The Village (at Avon) Filing 1,
Town of Avon, Eagle County, Colorado; and
WHEREAS, said Agreement established certain public improvements to be constructed by
Traer Creek LLC (Subdivider Improvements) in conjunction with said subdivision; and
WHEREAS, said Agreement established requirements for the provision of collateral to assure
completion of the Subdivider Improvements in accordance with the Agreement and the
subsequent release of the collateral upon completion and the stipulated warranty period; and
WHEREAS, said Subdivider Improvements were substantially complete as of January 9, 2004;
and
WHEREAS, all required documentation for approval and acceptance of the improvements has
been submitted as of April 12, 2005.
NOW, THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF AVON, that:
1. The Subdivider Improvements required to be constructed in conjunction with The
Village (at Avon) Filing 1 were substantially complete as of January 9, 2004, in
accordance with the SUBDIVISION IMPROVEMENTS AGREEMENT and the
stipulated one-year warranty period for said improvements is hereby verified as complete
as of April 12, 2005.
2. All funds held as collateral in accordance with Escrow Agreement between Traer
Creek LLC, The Town of Avon and Stewart Title of Vail, Inc. dated May 7, 2002 and as
amended by First Amendment to Escrow Agreement dated December 9, 2003, are hereby
authorized for release.
ADOPTED THIS 1 J- DAY OF
2005.
OF A4,3~kl
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Pa Mc ennv, own Clerk
)F AVO , O
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C. Wolfe, Mayor
Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Norman Wood, Town Engineer ~al
Date: April 21, 2005
Re: Resolution No. 05-20, A Resolution Approving and Accepting the Subdivider
Improvements Installed and Constructed in Accordance with the Subdivision
Improvements Agreement for The Village (at Avon) Filing 1 and Authorizing
Release of all Retainage for Subdivider Portion of the Public Improvements.
Summary: Truer Creek LLC has Requested Release of Retainage (Exhibit E) and has
submitted all required documentation for approval and acceptance of the Subdivider
Improvements required by the Subdivision Improvements Agreement (SIA) (Exhibit B) for
The Village (at Avon) Filing 1. The Subdivider Improvements generally consist of the
shallow utilities; natural gas, electric, telephone and cable TV. These are identified in Exhibit
B with associated costs in Exhibit D of the SIA. Upon completion, responsibility for these
facilities was transferred to the corresponding utility company.
Our records indicate an Escrow Account Balance of $93,389.83 in accordance with Escrow
Agreement (Exhibit C) between Traer Creek LLC, the Town of Avon and Stewart Title of
Vail, Inc. as amended by First Amendment to Escrow Agreement (Exhibit D) dated
December 9, 2003. The SIA provides that upon completion of all work related to Subdivider's
Improvements and the Town's acceptance of Subdivider's Improvements, the entire amount of
remaining collateral shall be released.
Resolution No. 05-20 (Exhibit A) approves and accepts the Subdivider's Improvements as
being satisfactorily complete and authorizes release of all remaining collateral. We
recommend approval of Resolution No. 05-20, A Resolution Approving and Accepting the
Subdivider Improvements Installed and Constructed in Accordance with the Subdivision
Improvements Agreement for The Village (at Avon) Filing 1 and Authorizing Release of all
Retainage for Subdivider Portion of the Public Improvements.
Discussion: The Village (at Avon) Filing 1, SIA between Traer Creek LLC, Traer
Creek Metropolitan District and the Town of Avon divides responsibility for the Public
Improvements between Traer Creek Metropolitan District (District Improvements) and Traer
Creek LLC (Developer Improvements). The District Improvements generally included all
streets & road, storm drainage and publicly owned utilities (water & sewer) as listed in
Exhibit A and Cost Estimates in Exhibit C to the SIA. The Developer Improvements
generally consisted of the shallow utilities, privately owned utilities (natural gas, electric,
telephone & cable TV) as listed in Exhibit B and Cost Estimates in Exhibit D to the SIA.
An Escrow Agreement dated May 7, 2002 was established between Traer Creek LLC, the
Town of Avon and Stewart Title of Vail, Inc. to provide the collateral required by the SIA for
the Developer Improvements. The Escrow Agreement was established with Escrow Funds in
the amount of $904,151.60. The escrow Agreement provided for the periodic release of funds
for progress payments in accordance with the SIA. Progress releases are approved by Staff
based upon review of construction pay applications and field review of the construction
progress. Final Payment and acceptance of the Improvements are approved by Town Council
in accordance with Section 16.24.110 of the Subdivision Regulations. Progress payments
have been approved and released by staff as follows:
Original Balance
$ 904,151.60
Release No. 1 (Approved 5/15/02)
219,436.36
Release No. 2 (Approved 8/26/02)
127,862.00
Release No. 3 (Approved 1/15/04)
463,463.41
Current Escrow Balance less Interest
$ 93,389.83
Traer Creek LLC has submitted letters from Holy Cross Energy (Exhibit F), Excel Energy
(Exhibit G), Comcast (Exhibit H)and Qwest (Exhibit I) approving the construction and
installation of each of the applicable facilities. An Engineer's Opinion of Project Conformity
dated January 9 2004, (Exhibit J) by the Project Engineer verifies satisfactory completion of
the Shallow Utilities with the exception of overhead utilities at Post Boulevard. An
Engineer's Opinion of Project Conformity by the Project Engineer (Exhibit K) was
subsequently submitted April 12, 2005, to verify satisfactory completion of the Shallow
Utilities in conformity with the contract plans and specifications.
Based upon this documentation, we recommend approval and acceptance of the Subdivider
Improvements in accordance with the SIA by the adoption of Resolution No. 05-20, Series of
2005.
Recommendation: Approve Resolution No. 05-20, Series of 2005, A Resolution
Approving and Accepting the Subdivider Improvements Installed and Constructed in
Accordance with the Subdivision Improvements Agreement for The Village (at Avon) Filing
1 and Authorizing Release of all Retainage for Subdivider Portion of the Public
Improvements.
• Page 2
I/
Proposed Motion: I move to approve Resolution No. 05720, Series of 2005, A
Resolution Approving and Accepting the Subdivider Improvements Installed and Constructed
in Accordance with the Subdivision Improvements Agreement for The Village (at Avon)
Filing 1 and Authorizing Release of all Retainage for Subdivider Portion of the Public
Improvements.
Attachments:
Exhibit A -
Resolution No. 05-20, Series of 2005
Exhibit B -
Subdivision Improvements Agreement
Exhibit C -
Escrow Agreement
Exhibit D -
First Amendment to Escrow Agreement
Exhibit E -
Request for Release - April 1, 2005
Exhibit F -
Holy Cross Energy Approval - September 30, 2003
Exhibit G -
Excel Energy Approval - October 13, 2003
Exhibit H -
Comcast Approval - December 2, 2003
Exhibit I -
Qwest Approval - November 24, 2003
Exhibit J -
Engineer's Opinion of Project Conformity - January 9, 2004
Exhibit K -
Engineer's Opinion of Project Confornity - April 12, 2005
Town Manager Comments:
• Page 3
ZI
A
J: zx/ a IT
TOWN OF AVON
RESOLUTION NO. 05-20
Series of 2005
A RESOLUTION APPROVING AND ACCEPTING THE SUBDIVIDER
IMPROVEMENTS INSTALLED AND CONSTRUCTED IN ACCORDANCE WITH THE
SUBDIVISION IMPROVEMENTS AGREEMENT FOR THE VILLAGE (AT AVON)
FILING 1 AND AUTHORIZING RELEASE OF ALL RETAINAGE FOR SUBDIVIDER
PORTION OF THE PUBLIC IMPROVEMENTS
WHEREAS, the Town of Avon entered into a SUBDIVISION IMPROVEMENTS
AGREEMENT, dated November 13, 2001, with Traer Creek LLC and Traer Creek Metropolitan
District in connection with the approval of the Final Plat for The Village (at Avon) Filing 1, Town
of Avon, Eagle County, Colorado; and
WHEREAS, said Agreement established certain public improvements to be constructed by Traer
Creek LLC (Subdivider Improvements) in conjunction with said subdivision; and
WHEREAS, said Agreement established requirements for the provision of collateral to assure
completion of the Subdivider Improvements in accordance with the Agreement and the subsequent
release of the collateral upon completion and the stipulated warranty period; and
WHEREAS, said Subdivider Improvements were substantially complete as of January 9, 2004;
and
WHEREAS, all required documentation for approval and acceptance of the improvements has
been submitted as of April 12, 2005.
NOW, THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
AVON, that:
1. The Subdivider Improvements required to be constructed in conjunction with The
Village (at Avon) Filing 1 were substantially complete as of January 9, 2004, in accordance
with the SUBDIVISION IMPROVEMENTS AGREEMENT and the stipulated one-year
warranty period for said improvements is hereby verified as complete as of April 12, 2005.
2. All funds held as collateral in accordance with Escrow Agreement between Traer
Creek LLC, The Town of Avon and Stewart Title of Vail, Inc. dated May 7, 2002 and as
amended by First Amendment to Escrow Agreement dated December 9, 2003, are hereby
authorized for release.
I:\Engineering\Avon Village\2.0 Filing 1\2.9 Completion\2.9.5 Security Deposit Release\Res 05-20 Dev Release.Doc 6
ADOPTED THIS DAY OF
ATTEST:
Party McKenny,
Town Clerk
2005.
TOWN COUNCIL
TOWN OF AVON, COLORADO
Ronald C. Wolfe, Mayor
I:\Engineering\Avon Village\2.0 Filing 1\2.9 Completion\2.9.5 Security Deposit Release\Res 05-20 Dev Release.Doc ' ^
SUBDIVISION IMPROVEMENTS AGREEMENT
THIS AGREEMENT, made and entered into this / day of /V1' , 2001, is by and
among Traer Creek LLC, a Colorado limited liability company ("Subdivider"), Traer Creek
Metropolitan District, a quasi-municipal corporation and political subdivision of the State of
Colorado (the "District"), and the Town of Avon, a Colorado municipality, by and through its
Council (the "Town").
WHEREAS, Subdivider and the District, in connection with the approval of the final plat
for The Village (at Avon) Filing 1, consisting of 176.90 acres in Section 12, T. 5 S., R. 82 W.
and Sections 7 and 8, T. 5 S., R. 81 W., of the 6th P.M., Town of Avon, Eagle County, Colorado
(the "Subdivision"), desire 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 (the "Code");
and
WHEREAS, pursuant to the Code, the Town desires to make reasonable provisions for
completion of certain public improvements (the "Improvements") set forth in Exhibits A and B
attached hereto and incorporated herein by reference; and
WHEREAS, the District is responsible for the performance and completion of public
improvements ("District Improvements") assigned on Exhibit A attached hereto and incorporated
herein by reference; and the Subdivider is responsible for the performance and completion of
public improvements ("Subdivider Improvements") assigned on Exhibit B attached hereto and
incorporated herein by reference; and collectively referred to as Improvements.
NOW THEREFORE, in consideration of the following mutual covenants, conditions
and promises, the parties hereby agree as follows:
1. Final Plat Approval. The Town agrees that upon compliance with all other
conditions of approval, and subject to the terms and conditions of this Agreement, the Final Plat
of The Village (at Avon) Filing 1 shall be promptly filed for record with the Office of the Eagle
County Clerk and Recorder.
2. Completion of Work.
(a) Performance. Subdivider and District agree to furnish all equipment, labor
and material necessary to perform and complete, in a good and workmanlike manner, all
improvements and work incidental thereto assigned to each as set forth in Exhibits A and B.
Subdivider and the District further agree that each will be responsible for all costs of
929ITmer
Improvements assigned to it. All said work shall be performed in accordance with the
construction plans and specifications as submitted to and approved by the Town prior to
commencement of construction of Improvements. All Improvements shall be completed within
three (3) years of the date of the Town's approval of the Final Plat for the Subdivision.
(b) Inspection Procedures.
(1) All work shall be done under the inspection procedures and
standards established by the Town, shall be subject to the reasonable satisfaction of the Town
and shall not be deemed complete until the reasonable approval and acceptance of the
Improvements by the Town.
(2) Desiilation of Inspectors. Prior to commencement of construction
work on the Improvements, the Town shall designate the individuals or independent third parties
employed by the Town who are authorized to inspect the construction of the Improvements.
Such inspections by the Town shall not relieve Subdivider or the District or their 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.
(3) Cost of Inspections. The cost of such inspections, whether by
Town employees or an independent third party inspector, shall be paid by Subdivider or the
District, depending on the party responsible for the Improvement inspected, and subject to the
limitations set forth in paragraph 9 below.
(4) Notice of Non-Compliance. In the event that the Town, through
the inspectors, reasonably determines that the Improvements are not in compliance with the pre-
approved construction plans and specifications, it shall give written notice of such non-
compliance to Subdivider or the District, depending on the Improvements involved ("Notice of
Non-Compliance'l. 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 Notice of Non-Compliance must be provided to Subdivider or the District
within two (2) working days of the date of the inspection.
3. Seca ' for Completion of Improvements.
(a) Security. To secure completion of the Improvements, Subdivider and the
District hereby agree to secure their respective obligations under this Agreement with Collateral
in accordance with Section 16.24. 100 of-the Code. Collateral shall be one or a combination of
the following: cash or its equivalent; securities of acceptable value; letter of credit; bond (for
District Improvements warranty period only); and land of acceptable value by deed of trust.
(b) Substitution of Security. Either Subdivider or the District may substitute
another form of collateral acceptable to the Town in place of the forms of security set forth below
9291Tmer
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in order to guaranty the faithful completion of the Improvements and the performance of the
terms of this Agreement.
4. District Improvements.
(a) Funding Resolution. The District has adopted a resolution (the "Funding
Resolution") attached hereto as Exhibit E authorizing the District's execution of this Agreement
and providing for the appropriation, segregation and use of funds in an amount sufficient to
guarantee the construction of the District Improvements set forth on Exhibit A. The estimated
costs of completion of the District Improvements are set forth on Exhibit C attached hereto and
incorporated herein by reference.
The Funding Resolution specifically provides that all funds referenced therein are
unencumbered and free from claims of others such that, if necessary, any requests for payment
approved by the Town may be promptly honored. As a condition to recordation of the Final Plat,
the District shall provide the Town Engineer with evidence that such funds have been
appropriated and segregated in a separate account (the "Security Account") and identified for use
in connection with this Agreement. The District shall renew the Funding Resolution at the
beginning of each subsequent calendar year until all District Improvements have received final
acceptance or until the District provides substitute collateral acceptable to the Town.
(b) Security for Interstate 70 Interchange. The parties acknowledge that the
Town and Subdivider's predecessors-in-interest entered into an Annexation and Development
Agreement ("Development Agreement") dated October 13, 1998, and a first Amendment to the
Annexation and Development Agreement ("First Amendment") that among other things,
addressed the construction of a full diamond interchange on Interstate 70 serving the
Subdivision. Paragraph 4.36) in the Development Agreement, and reiterated in paragraph 2(q) of
the First Amendment, states that if the District provides the Colorado Department of
Transportation ("CDOT") with a completion bond or other security acceptable to CDOT with
respect to completion of the Interstate 70 interchange, then the District shall have no obligation
to also provide separate security to the Town for such improvements. The Town, Subdivider and
the District agree that nothing in this Agreement shall alter or modify the terms of the
Development Agreement or the First Amendment.
(c) Progress Payments on District Improvements. The District may make
progress payments to its contractors from the Security Account on a monthly basis upon the
partial completion of itemized improvements which have been set forth in Exhibit C and upon
fifteen (15) day's prior written notice including an itemized statement of the District to the Town.
The District shall retain ten percent (10%) of the amount of each payment until final completion
and acceptance of all work covered by each construction contract; provided however, when the
value of work completed has progressed to fifty percent (50%) of the contract amount, the
District shall not be required to withhold additional retainage for the remainder of the work
under such contract. The (10 ten percent retainage of the value of work completed may be
929/Traer
-3-
1
reinstated if in the Town's opinion the lack of progress or other substantial reasons exist. Except
for the foregoing, in no event shall any progress payment cause the remaining sum to be available
in the Security Account for subsequent disbursements to be less than one hundred ten percent
(110%) of the costs to complete all remaining District Improvements as estimated at the time of
each progress payment. Upon completion of all work related to the District Improvements, the
Town's acceptance of the District Improvements and the expiration of the Warranty Period set
forth in paragraph 6 below, the Town shall release any further interest in the Security Account.
(d) Default by District. In the event of a default in whole or in part by the
District, the Town shall be authorized to access the funds in the Security Account for the purpose
of undertaking completion or remediation work on the District's Improvements after providing
thirty (30) days advance notice of default and providing an opportunity during such period for the
District to cure the default. The Town shall be entitled to draw on the Security Account by
Resolution of the Town Council stating (i) that the District is in default, and (ii) the funds are
required in order to complete or correct work on the District's Improvements. District funds
identified in the Funding Resolution shall be held, whether by the District or the Town, in
compliance with the requirements of C.R.S. 29-1-803(1) for the purpose of providing for the
completion of the District Improvements.
5. Subdivider Improvements.
(a) Security for Completion of Subdivider's ImMvements. Subdivider shall
deliver to the Town an irrevocable letter of credit or other collateral consistent with Section
16.24. 100 of the Code issued by a reputable financial institution in an amount equal to one
hundred and ten percent (110%) of the estimated costs of completion of Subdivider's
Improvements as set forth on Exhibit D. The irrevocable letter of credit or other collateral shall
be delivered to the Town prior to, or concurrently with, recordation of the Final Plat for the
Subdivision.
(b) Progress Payments on Subdivider's Improvements. The Subdivider may
make progress payments to its contractors on a monthly basis upon (i) the partial completion of
itemized improvements for which cost estimates have been set forth in Exhibit D and upon
written request including an itemized statement of the Subdivider to the Town, and (ii) the
written approval of the Town or its designee; provided, however, if the Town fails to respond to
a disbursement request within twenty (20) days such request will be deemed approved. Upon the
approval of such progress payments, the amount of collateral shall be reduced by the amount of
such payment; provided, however, that in no event will any such reduction cause the amount of
remaining collateral to be less than an amount equal to one hundred and ten percent (110%) of
the estimated costs of completion of all remaining Subdivider's Improvements. Upon
completion of all work related to Subdivider's Improvements and the Town's acceptance of
Subdivider's Improvements, the entire amount of remaining collateral less those amounts
described in paragraph 6 below, shall be released.
929rrraer -4
NO
(c) Default by-Subdivider. In the event of a default in whole or in part by
Subdivider, the Town shall be authorized to draw on the letter of credit or other collateral for the
purpose of undertaking completion or remediation work on the Subdivider's Improvements after
providing thirty (30) days' advance written notice of default and providing an opportunity during
such period for Subdivider to cure the default. The Town shall be entitled to draw on such letter
of credit or other collateral by Resolution of the Town Council stating (i) that Subdivider is in
default, and (ii) the funds are required in order to complete or correct work on the Subdivider's
Improvements.
6. Warranty Period. 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 the work by the Town.
In the event of any such defect, the Town may require Subdivider or the District, depending on
which work is defective, to correct the defect in material or workmanship. The amounts for
completion of all warranty work on District Improvements shall be secured by a letter of credit,
bond or other acceptable collateral in the amount of one hundred and ten percent (110%) of the
cost of such corrective work to be held by the Town during such one (1) year period, as a
guaranty of performance of any work required under the above-described warranty. The amounts
for completion of all warranty work on Subdivider Improvements shall be secured by a letter of
credit or other acceptable collateral in the amount of one hundred and ten percent (110%) of the
cost of such corrective work to be held by the Town during such one (1) year period, as a
guaranty of performance of any work required under the above-described warranty. In the event
any corrective work is performed during the one (1) 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.
7. Condition of Public Dedicated Roadways. The District shall at all times prior to
acceptance of any publicly dedicated roadways within the Subdivision by the Town give good
and adequate warning to the traveling public of each and every known 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 and control of the District for purposes of this
Agreement; and the District 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.
8. Engineering Certification. Upon completion of portions of the Improvements,
Subdivider or the District will cause their 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,
plans 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.
9. Subdivision and Inspection Fees. Fees in accordance with the Town's
Subdivision Regulations for the review of Preliminary Plans and Final Plats have been paid in
929rrnier
-5-
full. Additional fees shall be paid to the Town by Subdivider or the District, depending on which
Improvements are involved, within thirty (30) days after delivery of written invoice for such fees
to cover the cost of inspections by the Town. The fees 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 additional fees exceed five percent (5%) of
construction costs.
10. No Obligation of Town to Complete Improvements. Subdivider and the District
agree that in the event either shall fail to perform their obligations as set forth herein, the Town
shall be under no obligation to complete or perform any of the said Improvements. No one,
individually or otherwise, other than the parties hereto, shall acquire, as a result of this
Agreement, any rights, claims or obligations from or against the Town, its agents, employees or
officers. Actions by the Town against Subdivider or the District to enforce any provision of this
Agreement shall be at the sole discretion of the Town. No third parties shall have any rights to
require any action by the Town pursuant to this Agreement; and this Agreement shall not create a
liability on the part of or be a cause of action against the Town, for any personal or property
damage that may result to any third parties from the failure of the Subdivider or the District to
complete the Improvements herein specified.
11. 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, Subdivider and the District, respectively, hereby agree 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 Subdivider or the District, respectively, as hereinbefore stated. Furthermore,
Subdivider and the District 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.
12. giphts of Town in Event of Default. In the event that Subdivider or the District
default 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 Subdivider and the District of such default during
which period of time the Subdivider or the District failed to correct said default, the Town may,
at its sole discretion, proceed with the construction or completion of the Improvements specified
on Exhibit A or Exhibit B. All such costs paid by the Town for such Improvements, together
with all costs of personnel, equipment and other matters expended by the Town in furtherance of
the construction responsibilities of Subdivider or the District, shall be paid by Subdivider or the
District based upon their underlying responsibility for the improvement in question. Any such
costs relating to the Subdivider Improvements, which have not been reimbursed by Subdivider,
929rrmer -6-
\v
shall be a lien on any property in the Subdivision owned by Subdivider at the time of default.
Any such zosts relating to the District's improvements, which have not been reimbursed by the
District, shall be a lien on any property in the Subdivision owned by Subdivider at the time of
default. Said lien may be foreclosed in the same manner as a mortgage and shall entitle the
Town to add its costs and reasonable attorneys' fees in such foreclosure or other collection.
Without limiting the foregoing, the Town may bring a mandatory injunction action against-
Subdivider or the District to require installation and construction of the Improvements, if not
constructed within the time limits described in this Agreement. If any such action is brought by
the Town, the Town shall be awarded its court costs and reasonable attorneys' fees.
13. Letter CertifyingCompletion and Final Acceptance of Improvements. When all
improvements have been completed and accepted by the Town, and the Warranty Period has
expired, the Town agrees that it will issue a letter, in recordable form, certifying that all
obligations of Subdivider and the District under this Agreement have been satisfied.
14. Amendments. This Agreement may be amended from time to time, provided that
such amendment is in writing and signed by all parties hereto.
15. Covenants Runnine 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.
The parties hereto have executed this Agreement as of the date first above written.
APPRO IS TO FORM:
Town Attorney
929/Traer
TOWN OF AVON, a Colorado
municipal corporation
By: aih~
May
-7-
\42
929lrmer
TRAER CREEK LLC, a Colorado limited liability
company
Magnus indholm.
Manager
TRAER CREEK METROPOLITAN DISTRICT, a
quasi - municipal corporation
By: `
William J. P
President
-8-
XIV\
Exibit A
DISTRICT IMPROVEMENTS
1. Demolition, Excavation & Grading
A. Remove & Dispose of Existing Structures
B. Excavation for Roadways & Overlot Grading
C. Embankment Including Structural and Stockpile Fill
II. Incidental Construction
A. Erosion & Pollution Control
B. Dust Control
C. Revegetation
111. Storm Drainage
A. Nottingham Gulch to Eagle River
B. Nottingham Gulch Debris Flow Mitigation Facilities (1-70)
C. Roadway and Site Drainage Facilities to Eagle River
D. Stormwater & Pollution Control Facilities
IV. Utilities
A.
Water
B.
Sanitary Sewer
C.
Natural Gas
D.
Electric (Pro-Rata 24% of Private)
E.
Telephone
F.
Cable TV
V. Bridges and Structures
A. Eagle River Bridge
B. Union Pacific Railroad Bridge
C. Retaining Walls
VI. Street Improvements Including Fine Grading, Sub-Base
Materials & Preparation, Concrete Curb & Gutter,
Medians,Crosspans & Sidewalks, Asphalt Paving, and
Signage & Striping
A. US Highway 6
B. Post Boulevard (US Hwy 6 to South 1-70 Access Line)
C. Eaglebend Drive
D. Nottingham Ranch Road
E. Yoder Avenue
F. Fawcett Road
G. East Beaver Creek Boulevard/Chapel Place (Temporary Connection)
VII. Street Landscaping
VIII Street Lighting
IX Management and General Conditions
J
Exibit B
SUBDIVIDER IMPROVEMENTS
I Dry Utilities
B. Gas
C. Electric
D. Telephone/Communications
11 Construction Management and General Conditions
\\P
Exibit C
ESTIMATED COST OF COMPLETION
for
DISTRICT IMPROVEMENTS
1. Demolition, Excavation & Grading
$
841
205
A. Remove & Dispose of Existing Structures
,
B. Excavation for Roadways & Overiot Grading
$
2,301,772
C. Embankment Including Structural and Stockpile Fill
2 $
-
II. Incidental Construction
$
953
85
A. Erosion & Pollution Control
$
,
200
193
B. Dust Control
$
,
450
37
C. Revegetation
,
III. Storm Drainage
A. Nottingham Gulch to Eagle River
$
613,765
B. Nottingham Gulch Debris Flow Mitigation Facilities (1-70)
t $
60,000
C. Roadway and Site Drainage Facilities to Eagle River
$
1,832,682
D. Stormwater & Pollution Control Facilities
$
10,000
IV. Utilities
$
025,397
1
A. Water
B. Sanitary Sewer
$
,
249,742
C. Natural Gas
D. Electric (Pro-Rata 24% of Private)
$
103,669
E. Telephone
$
$
-
624
40
F. Cable TV
,
V. Bridges and Structures
$
066
738
1
A. Eagle River Bridge
Union Pacific Railroad Bridge
B
$
,
,
673,176
.
C. Retaining Walls
$
893.253
VI. Street Improvements Including Fine Grading, Sub-Base
Materials & Preparation, Concrete Curb & Gutter,
Medians,Crosspans & Sidewalks, Asphalt Paving, and
Signage & Striping
$
356
232
A. US Highway 6
Post Boulevard (US Hwy 6 to South 1-70 Access Line)
B
$
,
1,132,766
.
C. Eaglebend Drive
$
$
16,703
737
32
D. Nottingham Ranch Road
$
,
343,010
E. Yoder Avenue
Fawcett Road
F
$
192,943
.
G. East Beaver Creek Boulevard/Chapel Place (Temporary Connection)
$
320,542
VII. Street Landscaping
$
814,620
VIII Street Lighting
$
98,000
IX Management and General Conditions
$
1,088,126
TOTAL ESTIMATED COST $ 14,336,393
1 Upon eompietion of 470 Sew* agreemerds vd COOT amount will be released.
2 Embankment is in induded m Rem No. 1B above.
Exibit D
ESTIMATED COST OF COMPLETION
for
SUBDIVIDER IMPROVEMENTS
I Dry Utilities
B. Gas $ 127,862
C. Electric $ 328,285
D. Telephone/Communications $ 303,458
Construction Management and General Conditions $ 62,351
TOTAL ESTIMATED COST $ 821,956
1%,
NUV, 19, 2001 4:1JVM JItVVAKI 111Lt Irv. vou7 1. L
ES~w AGREEMENT
THIS AGREEMENT, made and entered into this 7f~ day of May 2002, by
and between Traer Creek LLC, a Colorado limited liability company ("Traer'), the Town of
Avon, a Colorado municipality, by and through its Council (the "Town's and Stewart Title of
Vail, Inc. ("Stewart Title'). '
WITNESSETH:
WHEREAS, Traer, in connection with the approval of the final plat for The Village
(at
Avon) Filing 1, consisting of 176.90 acres in Section 12, T. 5 S., R. 82 W. and Sections 7 and 8
T. 5 S., R. 81 W., of the 6th P.M., Town of Avon, Eagle County, Colorado (the "Subdivision'),,
has entered into a Subdivision Improvements Agreement (the . `Improvements Agreement's with
the Town and Traer Creek Metropolitan District, a quasi-municipal corporation and political
subdivision of the State of Colorado (the "District');
WHEREAS, pursuant to the Improvements Agreement, Traer has agreed to be
responsible for the performance and completion of certain improvements to the Subdivision (the
"Improvements') and has agreed to deposit in escrow certain sums in accordance with the terms
of the Improvements Agreement;
WHEREAS, Stewart Title has agreed to act as escrow agent and to administer the escrow
in accordance with the terms of the Improvements Agreement.
NOW THEREFORE, in consideration of the following mutual covenants, conditions, and
promises, the parties hereby agree as follows:
1. Es ow 1222-08ft and oun . Upon execution of this Agreement, Traer shall
deposit with Stewart Title the sum of Nine Hundred Four Thousand One Hundred Fifty One
Dollars and 601100 (5904,151.60) (the "Escrow Funds'). The Escrow Funds will be held by
Stewart Title to assure proper completion of the Improvements and will bear interest at the rate
applicable to the account in which the Escrow Funds are held. Stewart Title agrees to hold and
administer the Escrow Funds under the terms and conditions of this Agreement and the
Improvements Agreement This Agreement may be executed in counterparts and by facsimile
signatures; provided, however, facsimile signatures shall be replaced with original signatures as
soon thereafter as practicable.
2. Di 'bu 'on Esc w Funds. Upon written notification ("Notice's having been
received by Stewart Title and executed by authorized representatives of Traer, Catellus
Development Corporation, a Delaware Corporation ("CDC'j and the Town, Stewart Title shall
release to Traer the progress payment as described in the Notice from the Escrow Funds;
provided, however, if the Town fails to respond to a disbursement request for a progress payment
from Traer within 20 days such request will be deemed approved. At the same time Notice is
4367laser
\1~
NUV. I Y. ZM 4: 14riw J tTVAK i 1 1 1 lC
VVVi a
provided to Stewart Title, Traer will provide notice of the requested disbursement to Comerica
Bank - California at the following address: Comerica Bank - California, 611 Anton Blvd.,
Second Floor, Costa Mesa, California 92626, Attention: Suzanne Ladrido-Coniglio. Stewart
Title shall have no independent duty to determine if the Improvements related to such progress
payment have indeed been completed and may conclusively rely upon such Notice and may
disregard any warnings or notice given to the contrary. Stewart Title shall also have no
independent duty to ascertain whether or not the person or persons who have executed the Notice
had authority to so execute, except that Stewart Title agrees that only the following individuals
are authorized to execute the Notice on behalf of CDC: Gardiner Hammond, Ray C. Pittman,
Michael D. Fisk and Ted Antenucci.
3. TSVMinatiM of Escrow. Upon the completion of all improvements and warranty
periods as set forth in the Improvements Agreement, the Town, Traer and CDC shall each
execute a Notice to Stewart Title authorizing Stewart Title to terminate the escrow account and
return all Escrow Funds remaining thereunder, together with interest thereon, to Traer. Upon
receipt of such completion Notice, Stewart Title will return all Escrow Funds together with
interest thereon to Traer.
4. 12dal . In the event that the Town at any time reasonably deems Traer to be in
default with respect to any portion of the Improvements due to faulty workmanship and/or
materials, the Town shall provide Traer and CDC with written notice of such default and Traer
shall have 30 days to cure any such default. In the event that the Town at any time reasonably
deems Traer to be in default with respect to any portion of the Improvements due to neglect, as
defined below, the Town shall provide Traer with written notice of such default and Tracr shall
have 30 days to cure any such default. "Neglect" as used herein shall be deemed to mean the
failure to commence construction of Improvements as defined in the Improvements Agreement
or the failure to pursue completion of the Improvements within the time frame set forth in the
Improvements Agreement. Such written notice shall also be delivered to Stewart Title at the
time of delivery to Traer and CDC. If, at the end of such notice period, the Town deems by
Resolution of the Town Council stating (i) that Traer is in default, and (ii) that the funds are
required in order to complete or correct work on the Improvements then the Town shall have the
right to unilaterally give Stewart Title written Notice to release to the Town Escrow Funds
related to such Improvements.
5. Notices. Any notice required under this Agreement shall be hand delivered to an
official officer or representative of the party being notified or may be sent certified or registered
mail, return receipt requested, and delivery will be effective three days after posting, to the
following addresses:
The Town: Town of Avon
P.O. Box 975
Avon, CO 81620
Attn: Norm Wood
4367laser
-2-
V
NUV. Iy- LUU 4; 14rivi J 1 [nnn I 11 I Lr
Stewart Title: 141 East Meadow Drive
Vail, CO 81657
Att: Sandy Capell
Traer: William J. Post
Traer Creek LLC
P.O. Box 640
Vail, CO 81658
0322 East Beaver Creek Blvd.
Avon, CO 81620
CDC: Gardiner Hammond
165 South Union Blvd,
Suite 852
Lakewood, CO 80228
Copies of all notices to:
General Counsel for CDC
201 Mission Street, 2nd Floor
San Francisco, CA 94105
v. V -
6. LiabiliN and Indemnification. Stewart Title shall not be held liable for any act it
may do or omit to do hereunder as escrow agent, while acting in good faith and in the exercise of
its own best judgment, and any act done or omitted by it pursuant to the advice ofits own
attorney shall be conclusive evidence of such good faith. In consideration of the acceptance of
this escrow by Stewart Title, the Town and Traer agree, jointly and severally, for themselves,
their heirs, executors, administrators, successors and assigns, and to indemnify and hold it
harmless as to any liability by it incurred to any other person or corporation by reason of its
having accepted the same, or in connection herewith, and to reimburse it for all its expenses,
including, among other things, counsel fees and court costs incurred in connection herewith; and
Stewart Title shall have a first and prior lien upon all deposits made hereunder to secure the
performance of said agreement of indemnity and the payment of its charges and expenses.
7. 'sus. If at any time a dispute shall exist as to the duty of Stewart Title under
the terms hereof, the rights to possession, title or proceeds of any item in escrow, or as to any
dispute arising between the parties as to any matter under this Agreement, Stewart Title may
deposit the Escrow Agreement and items in escrow with the Clerk of the District Court of the
County of Eagle, State of Colorado, and may interplead the parties hereto, Upon so depositing
such Escrow Agreement and items in escrow and filing its complaint in interpleader, Stewart
Title shall be released from all liability under the terms hereof, as to the items so deposited. If
4367/4raer .3.
NUV. 1y- LUUJ;2_t- 14111i04;So i Irrnni i I i ~C
~i daR LLr
PAR RU." 3U3442U181
rev. vuui
the Court does not provide for reimbursement to Stewart Title for attomeY secs, costs and
expenses related to the iaterplesder action out of the WLMlead french, then Stewst Title spell
have a claim enforceable by separate action in Court against Iht patties, jointly sad severally, for
said attorney fees, costs sud expenses.
S. a mfr t A Rte, Tkne WroaDens may be altered, atttettded,
modified or revoked by writing only. Signed by an of the parties hereto acid CDC, and approved
by Stewart Title. upon payment of all fees, eoets sefl expeam incident tbereto.
g, Birlirt L. This Agrecraem shall be binding ngoo and itruse to the
beateltt of the parties bmto, tbak heiM pesonal repm=tat9voa„ mccessors and assign.
10. En&Aemerd . This Agretmcrd shall be mavued and enWeed is accordaum
,A& ft laves of rho 8tac of Colorado.
TRABR CREEK U A a Colorado limite$ Sabi ity
company
Its.
9;
TOWN OF AVON, a Colorado municipality
sy:
STMART TITLE OF VAIL, INC.
4367mm
z8o'd d m:88 Z0/40/98
Hy:
Its.
-4•
F; U8
NUV. I LUU] 4: 141IYI ) I CVVMfl l I 1 ILL
MAY-07-2002 TUE 02112 Ph AR LLP FAX NO. 3034420181 P. 03
it0a06T41 7-941 P.OOt/o0t r-eee
ML"§T-ttu 1438 Fre>e~T0YD1 of A= cIAIIAIITY NVEtOPMElIT
lWW.t Tog AW aftav!►
WO, "
1l~ Court does d to ploy. aamrPi c sedan out ci rye bjMj&W ®d 8evW" lien
on rwe &a i.
by Date odioa in cow mobs'
gas
WftSW&
have a ofa1~
said ostna>q fee& aoea mmd apctw• m®d4
• e WUwdm Abe ad qpg"' '
B. dped ~ by m vsl vmdo WO
~
av" by cvdS~
TA*AP bo
bed of *6 Ps"
Meadow
. Thy m a4 be cae*%dA mij °wb°0d in .
l" UWjW llabi11i1/
Cafora~ ~
'?OWr1 OF AVON,.&
SZWAXT =n*
drum
/P
1%V r. 1 7• 1VVJ Y. I?1 m v 1 Lnn1%1 1 1 1 LL 11V. VUU7-1 i
the Court does not provide for reimbursement to Stewart Title for attorney fees, costs and
expenses related to the interpleader action out of the interplead funds, then Stewart Title shall
have a claim enforceable by separate action in Court against the parties, jointly and severally, for
said attorney fees, costs and expenses.
8 d evoc 'o . These instructions may be altered, amended,
modified or revoked by writing only, signed by all of the parties hereto and CDC, and approved
by Stewart Title, upon payment of all fees, costs and expenses incident thereto.
9. Bind n' A MM= This Agreement shall be binding upon and inure to the
benefit of the parties hereto, their heirs, personal representatives, successors and assigns.
10. nor . This Agreement shall be construed and enforced in accordance
with the laws of the State of Colorado.
TRAER CREEK LLC, a Colorado limited liability
company
By:
Its:
TOWN OF AVON, a Colorado municipality
By:
Its:
STEWART TITLE OF VAIL, INC.
By:
~S tiara
4369/nar -4-
r%k
FIRST AMENDMENT TO ESCROW AGREEMENT
THIS FIRST AMENDMENT TO ESCROW AGREEMENT (this "First
Amendment') is entered into as of the 9A day of 1rJe. oy1Rj.L: , 2003, by
and between Traer Creek LLC, a Colorado limited liability company ("Traer'% Catellus
Development Corporation, a Delaware corporation ("CDC'), the Town of Avon, a
Colorado municipality, by and through its Council (the "Town') and Stewart Title of
Vail, Inc. ("Stewart Title'). Traer, CDC, the Town and Stewart Title are sometimes
hereinafter collectively referred to as the "Parties".
RECITALS
WHEREAS, Traer, Traer Creek Metropolitan District, a quasi-municipal
corporation and political subdivision of the State of Colorado, and the Town entered into
a Subdivision Improvements Agreement recorded May 8, 2002 at Reception No. 795008
of the Eagle County, Colorado real property records (the "Improvements Agreement',
providing for the completion of certain improvements for The Village (at Avon); and
WHEREAS, pursuant to the Improvements Agreement, Traer agreed to deposit
into escrow (the "Escrow') certain sums to ensure the performance and completion of
the terms of the Improvements Agreement; and
WHEREAS, Traer, the Town and Stewart Title entered into that certain Escrow
Agreement dated May 7, 2002 (the "Escrow Agreement'), establishing the Escrow and
describing the rights and obligations of the Parties in connection therewith. All
capitalized terms not otherwise defined herein shall have the meaning ascribed thereto in
the Escrow Agreement; and
WHEREAS, on September 18, 2003, EMD Limited Liability Company, a
Colorado limited liability company, purchased all of the interest of Catellus Commercial
Group, LLC, a Delaware limited liability company ("CCG"), in and to Traer and Traer
Creek-HD LLC, a Colorado limited liability company ("Traer Creek-HD'J. CCG is an
affiliate of CDC. As a result of the closing of the purchase and sale of CCG's interest in
and to Traer and Traer Creek-HD, neither CCG nor CDC has any remaining ownership
interest in The Village (at Avon); and
WHEREAS, the Parties desire to amend the Escrow Agreement to delete
reference to all of the rights and obligations of CDC described therein.
AMENDMENT
NOW, THEREFORE, in consideration of the premises, the mutual covenants
and agreements of the Parties contained in the Escrow Agreement and in this First
Amendment, and for other good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, the Parties agree as follows:
13064/tmer 1~)
1. Incorporation of Recitals. The recitals set forth above are incorporated
into the operative provisions of this First Amendment.
2. Distribution of Escrow Funds. Notice to Stewart Title to distribute
progress payments to Traer from the Escrow Funds shall be executed by authorized
representatives of Traer and the Town only. All references to CDC contained in
Paragraph 2 of the Escrow Agreement are hereby deleted in their entirety. In addition,
Traer shall no longer be required to provide notice of any requested disbursement to
Comerica Bank - California. In accordance therewith, the second sentence of Paragraph
2 of the Escrow Agreement is hereby deleted in its entirety.
3. Termination of Escrow. Notice of termination of Escrow shall be
provided to Stewart Title by Traer and the Town only. All references to CDC contained
in Paragraph 3 of the Escrow Agreement are hereby deleted in their entirety.
4. Default. CDC shall no longer receive Notice of default of the
Improvements Agreement by Traer. All references to CDC contained in Paragraph 4 of
the Escrow Agreement are hereby deleted in their entirety.
5. Notices. All contact information for CDC contained in Paragraph 5 of the
Escrow 'Agreement is hereby deleted in its entirety.
6. Amendment and Revocation. The consent of CDC shall not be required
for any further amendments to the Escrow Agreement. Paragraph 8 of the Escrow
Agreement is hereby revised accordingly.
7. Effect of Amendment. Except as herein modified, the Escrow Agreement
shall remain in full force and effect in accordance with its terms.
IN WITNESS WHEREOF, the parties have executed this First Amendment as
of the date and year first written above.
TRAER CREEK LLC, a Colorado limited
liability company
By. .4.
agnus Lin 961m, Manager
TOWN OF AVON, a Colorado
municipality
B
Its:
13064/t= 2
13064/fta
STEWART TITLE OF VAIL, INC.
By:
CATELLUS DEVELOPMENT
CORRORATION, a Delaware corporation
By CATELLUS COMMERCIAL
DEVELOPMENT CORPORATION, its
Agent
B
Y•
Its: President
3
"AY
I.q
Traer Creek LLC
P.O. Box 640
Vail . Colorado 81658
970.949.6776
970.748.8900 Fax
April 1, 2005
RECEIVED
APR 01 2005
Mr. Norman A. Wood
Town of Avon
400 Benchmark Road
Avon, Colorado 81620
Hand Delivered
Community Development
Re: Escrow Agreement dated May 7, 2002, between Traer Creek LLC ("Traer
Creek', the Town of Avon (the "Town") and Stewart Title of Vail, Inc.
wherein Traer Creek has deposited $904,159.60 (the "Escrow Funds' to
assure proper completion of Subdivider Improvements as described in that
certain Subdivision Improvements Agreement (the "S1A' between Traer
Creek, Traer Creek Metropolitan District and the Town dated November
13, 2001; and First Amendment to Escrow Agreement dated December 9,
2003 (the "Escrow Agreement's
Dear Mr. Wood:
Pursuant to the terms of the SIA, Traer Creek as the Subdivider is responsible for
the performance and completion of certain public improvements, being the Subdivider
Improvements (which are listed on Exhibit B to the Escrow Agreement). All such
Subdivider Improvements have been completed (the last of which, being the poles that
traversed Post Boulevard) and all costs thereon have been paid in full.
Accordingly, we have included for execution by you on behalf of the Town a letter
addressed to Stewart Title of Vail, Inc. ("Stewart Title") wherein Traer Creek and the
Town direct Stewart Title to release the Escrow Funds.
Very truly yours,
Traer Creek LLC
MHL.jc
Enclosures
By
agnus dholm, Manager
ri
Traer Creek L,LC
P.O. Box 640
Vail . Colorado 81658
970.949.6776
970.748.8900 Fax
April 1, 2005
Ms. Trudy Matarese
Stewart Title of Vail, Inc.
97 Main Street, Suite W201
Edwards, Colorado 81632
Via Fax 970.926.0235
Re: Escrow Agreement dated May 7, 2002, between Traer Creek LLC ("Traer
Creek"), the Town of Avon (the "Town") and Stewart Title of Vail, Inc.
wherein Traer Creek has deposited $904,151.60 (the "Escrow Funds') to
assure proper completion of Subdivider Improvements as described in that
certain Subdivision Improvements Agreement between Traer Creek, Traer
Creek Metropolitan District and the Town dated November 13, 2001; and
First Amendment to Escrow Agreement dated December 9, 2003 (the
"Escrow Agreement")
Dear Trudy:
Traer Creek and the Town hereby request that all remaining Escrow Funds be
released to Traer Creek LLC.
Very truly yours,
Traer Creek LLC
By:
gnus Li holm, Manager
Town of Avon
By:
Norm Wood, Town Engineer
MHL:jc
4)O
~!X#leg / I, //i
Akty. 4r C,ao S S FN
O
.9 S S~O'6O
September 30, 2003
3799 HIGHWAY 82 - P.O. BOX 2150
GLENWOOD SPRINGS. COLORADO 81602
(970) 945-5491 - FAX (970) 945-4081
Mr. Erik Peterson
c/o Catellus Development Corporation
P.O. Box 640
Vail, CO. 81658-0640
Re: Completion of Power Line Work within the Village @ Avon Filing 1 Project
Dear Erik:
The following letter details power line work which has been completed as of this date within the
above mentioned project.
All of Holy Cross Energy's underground electric facilities specified in the Village @ Avon Filing 1
scope of work have been installed through the core project area, and along Post Boulevard to
the north side of the west bound lanes of 1-70. The electric facilities have been installed and
energized within Lots 3 and 4; the new Super Walmart and the Home Depot are now supplied
from Holy Cross Energy's distribution system.
• 1 hope this letter serves your needs. If you have any questions, please feel free to contact me.
Sincerely,
HOLY CROSS ENERGY
Michael A. Mikolic,
Engineering Department
MM:vw
W/0#03-16188: 55-70: Village @ Avon Filing I, 3 Phase UG
M1kcI1c\Peterson2
•
A Touchstone F_neW Cooperative 0 ' 3N
OCT 13 '03 08.45 FR PSCO LOCATER 303 893 1758 TO 19707488900 P.01i01
•
XcelEnergy&w
Energy
1123 W. 3rd Ave.
Denver, CO 80223
December 12, 2001
Erik W. Peterson
Vice President. Construction
Traer Creek LLC
(Shipping) 322 E. Beaver Creek Blvd., Avon, CO 81620
(Mailing) PO Box 640, Vail, CO 81658
Dear Mr. Petersen:
0
This letter is sent to confirm that Xcel Energy has completed and accepted the
conshuction of the high-pressure gas One feeding The Village at Avon project. All
construcrt m pertaining to the ti4 pressure gas line was completed in the
sumnw of 2003 and Xcei Energy has received all funds necessary from Mr. Erik
Petersen.
Thank you,
Andreas Lindgren
Gas Transmission Engineer
Xcel Energy
0
Gin J-'
05'r
TOTAL PAGE.01
DEC. 2.2003 2:34PM TCI AVON COLO NO.193 P-2/2
I
ccomcast OMM C" CMnMW*xWM M&
•
I '
i
To Whom it may concern
i They conduit that was put in at the Avon Will-Mart and Aomedepot project was installed to our
I satisfaction. We were able to pull the cable through what out any problems.
i
1
~~~J10'•d6~
Floyd Salazar
Conshvction Supervisor
C1
i
•
•
24-11-03; 3:IIPM;US WEST
Hdf ra
Qwest
•~i,e/ r4
;9704eao672
To: Fisk Peterson M748-OW
From: Scott Carrington, Field Engineer Summit & Eagle Counties
M.
13aic November 24, 2003
Re: Yoder Ave Project
To Whom It May Concern:
Qwesfs requirements of the Yoder Ave and Nottingham Ranch Rd construction project have
been completed by the contractors working the project. As far as Qwest is concerned, the scope
of work required is complete.
33`
•
Engineer's Opinion of Project Conformity
Project: The Village (at Avon) Filing 1, Avon, Colorado, Phase 1
Shallow Utilities designed by Alpine Engineering, Inc.
Location: Avon, Colorado
I hereby acknowledge that I am a licensed engineer registered in the State of Colorado. To
the best of my knowledge and belief, based upon site observations by Alpine Engineering,
Inc. personnel, along with information provided by others, the constructed improvements on
the above referenced project and the materials incorporated therein are in reasonably close
conformity with the contract plans, specifications and standards with the exception of the
existing overhead utilities at approximate sta. 19+00 on Post Boulevard. The contract plans,
specifications and standards for the project are those presented in The Village (at Avon)
Filing 1, Avon, Colorado, Phase 1 Final Plan Submittal - January 23, 2002, as approved by
• the Town of Avon, and subsequent revisions thereto.
This opinion of project conformity is limited to those portions of the project designed by
Alpine Engineering, Inc.
By: ~1Ja_
for Alpine Engineering, Inc.
Date: -zoo4-
~J 7--
0
1"
3v
AE■
Alpine Engineering, Inc.
Engineer's Opinion of Project Conformity
Project: The Village (at Avon) Filing 1, Avon, Colorado, Phase 1
Shallow Utilities designed by Alpine Engineering, Inc.
Location: Avon, Colorado
I hereby acknowledge that I am a licensed engineer registered in the State of Colorado. To
the best of my knowledge and belief, based upon site observations by Alpine Engineering,
Inc. personnel, along with information provided by others, the constructed improvements on
the above referenced project and the materials incorporated therein are in reasonably close
conformity with the contract plans, specifications and. The contract plans, specifications and
standards for the project are those presented in The Village (at Avon) Filing 1, Avon,
Colorado, Phase 1 Final Plan Submittal - January 23, 2002, as approved by the Town of
Avon, and subsequent revisions thereto.
This opinion of project conformity is limited to those portions of the project designed by
Alpine Engineering, Inc.
Pp0 RFG~
By: :2
36683
for Alpine Engineering, Inc. p~'•, . 4e
9S
Date:
p„~ 12, Z~oS
RECEIVED
APR 12 2005
Community Development
3~