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TC Res. No. 2006-18 APPROVING A MEMORANDUM OF UNDERSTANDING ANDTOWN OF AVON, COLORADO RESOLUTION 06-18 SERIES OF 2006 A RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING AND THE FORM OF A SUBDIVISION IMPROVEMENTS AGREEMENT RELATING TO RIVERFRONT SUBDIVISION WHEREAS, On March 14, 2006, the Town Council approved an Amended and Restated Development Agreement for The Confluence between the Town and East West Resort Development XIV, L.P., L.L.L.P. ("EWRD") ("the Development Agreement"), which will now be replatted as Riverfront Subdivision; and WHEREAS, attached hereto is a form of Subdivision Improvements Agreement ("SIA") between the Town and the Confluence Metropolitan District ("the District"), which provides in part that the construction of public improvements will be guaranteed by the adoption of a Funding Resolution by the District; and WHEREAS, the District will lack the financial ability to adopt a Funding Resolution prior to the issuance of general obligation bonds on or about June 15, 2006, the proceeds of which will be used in part to pay for the public improvements; and WHEREAS, EWRD desires to commence construction of public improvements prior to that date and will be reimbursed by the District for the expenses incurred by it; and WHEREAS, the preliminary plat for Riverfront Subdivision was approved by the Town Council on March 14, 2006, but Avon Municipal Code § 16.24.100 provides that no final plat may be recorded until the Council has approved a subdivision improvements agreement, including a guarantee of the completion of the public improvements; and WHEREAS, the attached Memorandum of Understanding will bridge the gap between approval of the form of the SIA and the adoption of the Funding Resolution by'the District, the mutual execution of the SIA and recording of the final plat. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. The form of the attached Subdivision Improvements Agreement is approved with the following changes: a. Section 10 be amended to allow the Town to access the escrowed funds in the event of default. b. In Section 6 change "conformance" to "substantially in conformance." Section 2. The attached Memorandum of Understanding is approved with the following changes: a. Delete the language in Section 3 addressing the gondola. b. Add language allowing the issuance of a foundation permit for the gondola pending approval of the final plat. Section 3. The Subdivision Improvements Agreement, together with the necessary exhibits, shall be presented to the Council as part of final plat approval. the gondola. Section 4. A separate subdivision improvements agreement will be required for ADOPTED at a regular meeting of the Town Council of the Town of Avon the 25th day of April, 2006. t, F:3ti'~31yF~q~ e ~ = Y S H A L ATTEST: Resolution No. 06-18 Confluence MOU SIA Page 2 of 2 MEMORANDUM OF UNDERSTANDING THIS MEMORANDUM OF UNDERSTANDING ("MOU") is entered into between TOWN OF AVON ("the Town"), a municipal corporation, and EAST WEST RESORT DEVELOPMENT XIV; LY.; L.L.L.P. ("EWRD"), a Delaware limited partnership registered as a limited liability limited partnership.. RECITALS EWRD has purchased from Vail Associates Investments, Inc. ("VAI") a parcel of real property located in the south 1/2 of the northwest 1/a of Section 12, Township 5 South, Range 82 West.. of the 6`s Principal Meridian, Eagle County, Colorado, commonly known as "The Confluence" ("the Property,"). On March 14, 2006, the Town Council of the Town approved an Amended and Restated Development Agreement . for The Confluence ("the Development Agreement"), which will now be replatted as Riverfront Subdivision. Attached as Exhibit A is a Subdivision Improvements Agreement ("SIA") which has been negotiated between the. Town and the Confluence Metropolitan District ("the District"), which District shall be controlled by EWRD upon its acquisition of;the Property. The SIA provides in part that the construction of public improvements will be guaranteed by the adoption of a Funding Resolution by the ,District. However, the District will lack the financial ability to, do that prior to the issuance of general obligation bonds, the proceeds of, which will. be used in part to. pay for the public improvements. The anticipated date for issuance of the bonds is approximately June 15- 2006. EWRD desires to commence construction of public. improvements prior to that .date and will be reimbursed by the District for the expenses incurred by it. The public improvements. to be constructed by it will include permitted demolition, excavation, grading and utility relocation and installation. EWRD also desires to commence construction of a temporary sales office and a gondola. The. preliminary plat for Riverfront Subdivision was approved by the Town Council - - on-March-1~, 20g6_ =AMA 16:24.100 provides that no-F -plat-may-be-recorded-until the Council , mal has approved a subdivision improvements agreement, including a guarantee of the completion of the public improvements. It is anticipated that Council will also approve the form of the SIA on April 25, 2006 as part of its approval of this MOU. The Town will thereby agree that the adoption of a Funding Resolution by the District will satisfy the security requirement, of the SIA.. The purpose of this MOU is to bridge the gap between (a) the action of the Town Council on April 25, 2006, and (b) the adoption of the Funding Resolution by, the District, the mutual execution of the SIA and recording of the final plat as,described in this MOU below.. 0 AGREEMENT OF THE PARTIES 1. Upon approval of this MOU by the Town Council, the Town will issue a grading and excavation permit to EWRD, contingent upon compliance with Title 15, Avon Municipal Code, and based upon the plans submitted with the preliminary plat, as approved by the Council as part of the preliminary plat approval. The permit by its terms will be limited to excavation, grading,utility relocation and installation and demolition of asphalt, guardrails, curb and gutter and fencing, subject to all conditions of the permit. Upon issuance of this permit, EWRD may proceed with the work authorized by the permit at its own risk, pending final approval of the plans for public improvements as part of final plat approval, but no later than July 15, 2006. Upon approval of this MOU by the Town Council, the Town will issue a foundation permit to EWRD for the gondola, contingent upon compliance with Title 15, Avon. Municipal' Code, .Upon issuance of this permit, EWRD may proceed with the work authorized by the permit at its own risk, subject to' all conditions of the permit, pending final approval of the plans for public improvements as part of final plat approval, but no later than July 15, 2006. 3. Upon approval of this MOU by the Town Council, the Town will issue a building permit to EWRD for construction of a temporary sales office; contingent upon compliance with Title 15, Avon Municipal Code; provided, however, (a) that no building permit will be issued with respect to same until EWRD has satisfied its obligations to the Town with respect to water, as contained in Section 3.5(g) of the Development Agreement, and (b) that no certificate of occupancy will be issued with respect to such office until the requirements of Paragraph 3 below are met and the final plat has been recorded. The permit by its terms will be limited to a temporary sales office and shall be subject to all conditions of the permit. Upon. issuance of this permit, EWRD may proceed with the work authorized by the permit at'its own risk, pending final approval of the plat, but no later than July 15, 2006. 4. EWRD will cause the District to approve the SIA and adopt the Funding Resolution promptly after the District's issuance of its general obligation bonds. Upon such adoption of the Funding Resolution and approval of the SIA by the District, the District and the Town shall mutually execute the SIA in the form attached hereto as Exhibit A. The parties acknowledge and agree that the gondola-to be constructed is not to be part of the "Improvements" as defined in the SIA attached as Exhibit A but will.be the subject of a separate subdivision improvements agreement. 5. No further building permits will be issued until the requirements of Paragraph 4 hereof are met and the final plat has been recorded. 6. Pending the District's approval and signing of the SIA, EWRD will provide to the Town a cash restoration bond in the amount of $500,000 to guarantee 'restoration of the Property in the event the SIA is not entered into by the District by July 15, 2006. Upon signing of the SIA,adoption of the Funding Resolution and recording of the final plat, the'cash restoration bond shall be released to EWRD. 7. This MOU shall not be effective until closing of EWRD's purchase of the Property from VAI or EWRD has otherwise been granted written authorization from VAI to commence construction of the public improvements on the Property. 8. Nothing contained herein shall be interpreted as relieving EWRD of any of its obligations pursuant to the Development Agreement including, without limitation, its obligation with respect to the dedication of water rights. s{1- TOWN OF N s; r t SEA L By: Date E'~~ A~yO EAST WEST RESORT DEVELOPMENT XIV, L.P., L.L.L.P., a Delaware limited partnership registered as a limited liability limited partnership By: HF HOLDING CORP., a Colorado corporation, its General Partner y~ Date 0 RIVERFRONT SUBDIVISION SUBDIVISION IIVIPROVEmtENTS AGREEMENT THIS AGREEMENT, made and entered into this _ day of , 2006, is by and among Confluence Metropolitan District, a Colorado 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"). RECITALS . WHEREAS, the District, in connection with the approval of the final plat for the Riverfront Subdivision, consisting of 18.893 acres in the Town of Avon, Eagle County,, Colorado (the "Subdivision"), desires to enter into a Subdivision Improvements Agreement ("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 ("Improvements") as depicted on the plans approved by the Town for the Subdivision dated ("Approved Plans") and as ' identified -in Exhibit A attached hereto and incorporated herein by"reference, together with'minor changes approved by the Town Engineer; and WHEREAS, the District is responsible for the completion of the Improvements; provided, nothing herein shall,be construed as relieving the obligations of the Owner (as .10 defined therein) pursuant to the Amended and Restated Development Agreement dated March 14, 2006. AGREEMENT 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 Riverfront Subdivision ("Subdivision") shall be promptly filed for recording with the Office of the Eagle County Clerk and Recorder. 2. Completion of Work. (a) Performance. The District agrees to furnish all equipment, labor and material necessary to perform and complete, in a good and workmanlike manner, all Improvements and work incidental thereto ("the Work") as depicted on the Approved Plans. The District further agrees that it will be responsible for all costs of the improvements as itemized on Exhibit B attached hereto and incorporated herein. All said Work shall be performed in accordance with the Approved Plans. The District agrees to SIA-Riverf ci t-4 27 cln • commence construction of Improvements prior to the issuance of a building permit for any improvements in the Subdivision and to complete the Improvements prior to the issuance of a Certificate of Occupancy for any building on any lot in the Subdivision served by the Improvements. Commencement of construction of Improvements shall be deemed to mean the award and execution of.. contracts for- the construction of the Improvements as depicted on the Approved Plans (b) Inspection Procedures. (1) All work shall be done under the inspection procedures and .standards established by. the Town and Holy Cross Energy; Eagle River - Water and Sanitation District, Excel Energy, Qwest Communications, Comcast or any other utility ("Utilities"), as applicable and shall be subject to the reasonable satisfaction of the Town and applicable Utilities. All work shall not be deemed complete until the reasonable approval and acceptance of the Improvements by the Town and/or the Utilities. Such inspections by the Town and Utilities shall not relieve the District or its agents from any responsibility or obligation to assure that all Work is completed,in conformance with..all standards, plans and specifications as submitted to and previously approved by the Town and Utilities. The Town will forward copies of observation reports to the District and the District's engineers (who shall be registered in the State of Colorado) responsible for providing the opinion required by Section 6 hereof. • (2) Designation of Inspectors. Prior to commencement of construction work on the Improvements, the Town will designate. the individuals and/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 the District or its agents from any responsibility or obligation to assure that "all work is completed in conformance with standards, plans and specifications as submitted to and previously approved by the Town. (3) Cost of Inspections. The cost of such inspections, by Town employees or an independent third party inspector, shall be paid by the District, subject to - - - -----theiimitatim-s-setiorth-in-paragraph -7 below - - - - - - - - - (4) Notice of Non-Compliance. In the event that the Town through its inspectors reasonably determines that the'Improvements are not in compliance with the Approved Plans, or that additional observation or testing by the project engineer is necessary to assure compliance, it shall give written notice of such non-compliance, or additional observation or testing requests, to the District's engineers and the District ("Notice of Non-Compliance"). 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 the District's engineers and the District within two (2) working'days of'the,date of the observation. The notice may be provided in an informal manner agreed upon by the • parties and without compliance with Section 15"hereof sIA-Rivafront-4 27 do 2 3. Security for Completion of Improvements and Obligations. To secure completion of the Improvements and the District's obligations to the Town hereunder, the District, hereby agrees to secure the respective obligations under this Agreement as provided in this Agreement and in accordance with Section'16.24.100 of the Code. 4. District Obligations Concerning Improvements. (a) Funding Resolution. The District has adopted a resolution (the "Funding Resolution") attached hereto as Exhibit C 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 Improvements as. set forth on the Approved Plans. The estimated costs of completion of the Improvements are set forth on Exhibit B. The Town acknowledges and agrees that funding for the Improvements is subject to the issuance of bonds by the District for such purposes. In accordance with the terms of the Indenture of Trust by which the bonds will be issued, the Bond Trustee will serve as custodian of the bond. proceeds to ensure that . such proceeds are applied for the purposes of funding the Improvements. The procedure by which funds are released involves the filing of "Draw Requests" together with related invoices with the Bond Trustee. The Indenture of Trust shall contain provisions authorizing the Town to submit Draw Requests to the Bond Trustee, in order to effectuate the Town's remedies to draw • funds for constructing the Improvements, in the event of a default. by the District hereunder. The Town agrees to use the proceeds of the District's bonds only for the purpose of paying the costs of the Improvements, and not to apply such funds for purposes not authorized in the Indenture of Trust. The Funding Resolution specifically provides that, subject to the terms of the Indenture of Trust, 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 .interest bearing 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 Improvements have received final acceptance or until the District provides substitute collateral.,acceptable to the Town. (b) Progress Payments on 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 and upon fifteen (15) days' prior written notice, which notice will, include an itemized statement of the monthly payment, 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; SIA-Riverfront-4 27 cln 3 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 ten percent (10%) retainage of the value of the work completed may be reinstated if in the-Town's opinion the lack of progress or other substantial reasons exist. Subject to 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 Improvements as estimated at the time of each progress payment. Upon completion of all work related to the Improvements, the Town's acceptance of the Improvements and the expiration of the Warranty Period as set forth in paragraph 5 below the Town shall release any further interest in the Security Account. (c) 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 Improvements after providing thirty (30) days' advance written notice of default and providing a 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 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. Section 29-1-803(1) for the purpose of providing for the completion of the Improvements. 5. Warranty Period. The Improvements shall be warranted to be free from defects in workmanship or quality for a period of two (2) years after acceptance of all the work by the Town. In the event of any such defect, the Town may require the District to correct the defect in material or workmanship. Five percent (5%) of the total actual cost of completion of all Improvements shall be retained in the Security Account, or such amount shall otherwise be secured by a letter of credit or other collateral acceptable to the Town during such two (2) 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 two-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- and an- amount equal to, 125% of the cost of any corrected work, as estimated by the Town, shall, during such one- year extension period be retained in the Security Account, or such amount shall otherwise be secured by a letter of credit or other collateral acceptable to the Town, if sufficient funds are not held in the Security Account or otherwise secured as provided in this paragraph 4 above. • 6. Engineering Opinion. Upon completion-of portions of the Improvements, the District will cause its engineers (who shall have been actively engaged in observing the construction of the Improvements. and be registered in the State of Colorado) to provide a written opinion, in a form satisfactory to the Town Engineer, that based upon on-site observation, review of sufficient, construction-observation reports, field test SIA-Riverfront-4 27 cin 4 reports and material test reports and certifications, by qualified personnel, the installation of the Improvements, or portions thereof as may be completed from time to time, have, been completed, to the best of their knowledge and. professional judgment, in substantial conformance with all standards, plans and specifications. as submitted to and previously approved by the Town, or the pertinent utility supplier, as depicted on the Approved Plans, as such Approved Plans may be revised and subsequently approved. The engineer's opinion shall also include a statement that the opinion is based on a reasonable review and investigation of all observation reports by the Town inspectors and that all issues of "Non-Compliance" and additional observation and testing. requests that have been provided to the engineer were addressed to their satisfaction prior to issuance of engineer's opinion. Inspection reports, test results, as-constructed plans and other . supporting documentation shall be submitted with the engineer's opinion. 7. 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 full. Additional fees shall be paid to the Town by the District within thirty (30) days after delivery of written invoice for such fees to cover the cost of inspections by the Town. The fees, if any, will be based on direct (out-of-pocket) costs of the Town plus an administrative fee in the amount of fifteen (15%) percent of the direct costs, but in no event will the total amount of such additional fees exceed five percent (5%) of construction costs. 8. No Obligation of Town to Complete Improvements. The District agrees that in the event the District shall fail to perform its obligations''as.set forth herein, the Town shall be under no obligation to complete any of the said Improvements or to issue permits for development within the Subdivision. 9. Non-Liability of Town; Indemnification. The Town shall not, nor shall any officer, agent, or employee thereof, be liable or responsible for any accident, loss or damage related to the Work specified in this Agreement, nor shall the Town, nor any officer; agent or employee thereof, be liable for any persons or property, injured by reason of the nature of said Work. To the extent permitted bylaw, the District hereby agrees to indemnify and hold harmless the Town, and any of its officers, agents and employees against any.losses, claims, damages or liabilities to which the Town or any of its officers, agents or employees may become subject, because of any losses, claims, damages or liabilities (or actions in respect thereof) that arise out of, or are based upon, any acts or omissions in the performance of the obligations of the District, as hereinbefore stated. Furthermore, 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. 10. Rights of Town in Event of Default. In the event that the District defaults in whole or in part in the performance of this Agreement, and after the expiration of thirty (30) days after having given written notice to the District of such default, during which period of time the District fails to correct said default, the Town may, at its sole is SIA-Riverfront-4 27 cin 5 discretion, exercise its rights under Section 4(c) above and proceed with the construction or completion of the Improvements specified on the Approved Plans. All such costs paid by the Town for such Improvements, together with an administrative fee in the amount of fifteen percent (15%) of total direct costs ,including .cost of personnel, equipment and other amounts expended by the Town in furtherance of the construction responsibilities of the District, shall be paid by the District2. The Town may bring a mandatory injunction action against the District to require installation and construction of the Improvements. If any such action is brought by the Town and the Town prevails in its legal action against the District, the Town shall be awarded its court costs, attorneys' .fees and an amount to compensate the Town for the time of its employees in the preparation of and participation in such action. 11. Town Acceptance of Improvements. (a) Procedures for .Acceptance. Upon completion of. all construction by the District, the District's engineers shall submit a written ,request to the Town Engineer stating that to the best of their knowledge the installation of all Improvements are complete in accordance with the Approved Plans and requesting a joint inspection. Upon receipt of such request the Town Engineer will schedule and perform a joint inspection with-the - District's - engineer. Following the joint inspection and review of all -field . observation reports, test reports, material certifications and other documentation, the Town Engineer will prepare a written Final Acceptance Punch List. The District shall make all corrections as so itemized and upon completion of the Final Acceptance Punch List work, the District's engineer shall submit to the Town Engineer a written request for a joint inspection and final acceptance. Following a joint inspection with the. District's engineer and review of supporting documentation the Town Engineer will issue a revised written Final Acceptance Punch List to the District and the same procedures as described herein shall apply to such revised Final Acceptance Punch List. When the Town Engineer finds the Final Acceptance Punch List Work has been satisfactorily completed a Resolution will be prepared for Town Council action making a determination that the Improvements are complete and establishing the start of the -.warranty period. The - - warranty period set forth m -paragraph 5 above with respect to the Improvements shall - commence-upon-the-date as-OA-forth-in-the Town's Resolution, making the determination that the Final Acceptance Punch List has been satisfactorily completed. (b) Letter Certifying. Completion and Final Acceptance of Improvements. When all Improvements have been completed and accepted by the. Town, or the, pertinent utility supplier, and the Warranty Period has expired and provided that the District is not in default under any of its other obligations to the Town, the Town agrees that it will issue a letter, after consultation with the_ pertinent utility supplier- if necessary, in recordable form, certifying that all obligations of the District under this Agreement have been satisfied. • S1A-Riverfront-4 27 cln 6 12. Amendments. This Agreement may be amended from time .to time,. • provided that such amendment is in writing and signed by all parties hereto. 13.. Covenants Running with the Land. This Agreement and the obligations hereof shall be deemed to be covenants running with the land and shall be binding on the successors and assigns of the parties hereto. 14. Venue. Venue for any litigation arising out of this. Agreement shall be in the District Court for Eagle County, Colorado. 15. Notices. All notices, demands or other communications required or permitted. to be given hereunder shall be in writing and any and all such items shall be deemed to have been duly delivered upon personal delivery; or as of the third business day after mailing by United States mail, certified, return receipt requested, postage prepaid, to the address set forth below; or as of 12:00 noon on, the Immediately following business day after deposit with Federal Express or a similar overnight courier service, to the address set forth below; or as of the third business hour-(a business hour being one-of the hours from 8:00 a.m. to 5:00 p.m. on business days, local time of the recipient) after transmitting by facsimile to the number set forth below and evidenced by an -electronic delivery receipt: if to the District: White.Bear and Ankele Professional Corporation 1805 Shea Center Drive, Suite 100 Highlands Ranch, CO 80129 Attn: William P. Ankele, Jr., Esq. District Counsel Telephone: (303) 858-1800 Facsimile: (303) 858-1801 with a copy to. Wear, Travers & Perkins, P.C. 1000 South Frontage Road West Suite 200 Vail, Colorado 81657 Attn:. Richard D. Travers, Esq. Telephone: (970) 476-7646 Facsimile: (970) 476-7118 • S1A-Riverfmt-4 27 cln 7 If to the Town: Town of Avon P.O. Box 975 Avon, CO 81620 Attn: John W. Dunn, Town Attorney Telephoner (970) 748-6400 Facsimile: (970) 748-8881 The parties hereto have executed this Agreement as of the date first above written. TOWN OF.AVON, a Colorado Municipal Corporation ATTEST: By: Patty McKenny, Town Clerk Ronald C: Wolfe, Mayo APPROVED AS TO FORM: John W. Dunn, Town Attorney 0- DISTRICT: CONFLUENCE METROPOLITAN DISTRICT Eagle County, Colorado By: Name: Title: SIA-Riverfront-4 27 cln 8 • EXHIBIT A Subdivision Improvements Agreement APPROVED PLANS: -Construction Drawings.. . Town of Avon, Colorado 20_ Sheets 1 through _ Release Date: , 20_ _ Prepared by: • Technical Specifications Town of Avon, Colorado 20_ Sheets 1 through _ Release Date: , 20_ Prepared by: • S!A-Riverfr= 4 27 cln 9 EXHIBIT B Subdivision Improvements Agreement PUBLIC IMPROVEMENTS CONSTRUCTION COST ESTIMATE *'I • SIA-Rivafront-4 27 cln ]Q EXHIBIT C Subdivision Improvements Agreement • DISTRICT FUNDING RESOLUTION • • S1A-Riverfmt4 27 cln I I