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TC Res. No. 2006-22 APPROVING AND ACCEPTING THE TRAER CREEKTOWN OF AVON, COLORADO RESOLUTION NO. 06-22 Series of 2006 A RESOLUTION APPROVING AND ACCEPTING THE TRAER CREEK METROPOLITAN DISTRICT IMPROVEMENTS INSTALLED AND CONSTRUCTED IN ACCORDANCE WITH THE SUBDIVISION IMPROVEMENTS AGREEMENT FOR THE VILLAGE (AT AVON) FILING 3 AND ESTABLISHING WARRANTY PERIOD FOR DISTRICT PORTION OF THE PUBLIC IMPROVEMENTS WHEREAS, the Town of Avon entered into a SUBDIVISION IMPROVEMENTS AGREEMENT, dated June 8, 2004, with Traer Creek LLC and Traer Creek Metropolitan District in connection with the approval of the Final Plat for The Village (at Avon) Filing 3, Town of Avon, Eagle County, Colorado; and WHEREAS, said Agreement established certain public improvements to be constructed by Traer Creek Metropolitan District (District 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 District Improvements were substantially complete as of April 20, 2006; and WHEREAS, all required documentation for approval and acceptance of the improvements has been submitted as of April 20, 2006. NOW, THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, that: 1. The District Improvements required to be constructed in conjunction with The Village (at Avon) Filing 3 were substantially complete as of April 20, 2006, in accordance with the SUBDIVISION IMPROVEMENTS AGREEMENT and the stipulated one-year warranty period for said improvements shall extend to April 20, 2007. 2. The public improvements are hereby approved and accepted by the Town of Avon with the exception of items of warranty work, which are identified during the warranty period, which items shall have a warranty period, which extends for one year from the date of satisfactory correction of the warranted item. 3. Effective April 20, 2006, the collateral may be released and warranty work on District's Improvements may be secured by a Maintenance Bond issued to Traer Creek Metropolitan District, for the Town's benefit, in the amount of $ 158,798 in accordance with the Subdivision Improvements Agreement. ADOPTED THIS 3 DAY OF , 2006. ` Id aF 9 3 TOWN COUNCIL TOWN OF AVON, COLORADO EA ti ~~®dOR~DO Ronald C. Wolfe, Mayor ATTEST: Resolution No. 06-22 TCMD Filing 3 Warranty Page 2 of 2 '.1 • Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Norman Wood, Town Engine Date: May 15, 2006 Re: Resolution No. 06-22, A Resolution Approving and Accepting the Traer, Creek Metropolitan District Improvements Installed and Constructed in Accordance with the Subdivision Improvements Agreement for The Village (at Avon) Filing 3 and Establishing Warranty. Period for the Public Improvements. Summary: Traer Creek Metropolitan District has submitted all required documentation • for approval and acceptance of the District Improvements required by the Subdivision Improvements Agreement (SIA) (attached Item 2) for The Village (at Avon) Filing 3. These improvements generally consist of all streets, roads; walkways, drainage facilities and utilities required to access and serve Filing 3. Most of these Improvements have been substantially complete and functioning since November 11, 2005, when the'Swift Gulch Road opened to the public.,--Since that time the few remaining items have been completed and the required documentation has been submitted. All required submittals', and documentation was completed April 20; 2006 which is recommended as the date for acceptance and initiation of the Warranty Period. Resolution No. 06-22, Series of 2006 (attached Item 1) approves and accepts the District' Improvements and - establishes the warranty period in confonnaiice with the SIA. , The Resolution further allows the release of collateral required during construction upon submittal of an approved Maintenance Bond issued to Traer Creek Metropolitan District in the amount of 5% of the total construction cost ($158,798.16) as security.for the Warranty Period in accordance with the SIA. The warranty is currently secured by District Funds in the amount of $158,798.16 reserved by Resolution in accordance with the SIA. We recommend approval of Resolution No. 06-22, Series of 2006, A Resolution Approving and Accepting the Traer Creek Metropolitan District Improvements Installed and Constructed in Accordance with the Subdivision Improvements Agreement for The Village (at Avon) Filing 3 and Establishing Warranty Period for the Public Improvements. • • Discussion: The Village (at Avon) Filing 3, SIA between Traer Creek LLC; Traer Creek Metropolitan District and the Town of Avon provides for construction of the public improvements required to serve the proposed subdivision. The improvements- generally included all streets & roads, storm drainage and utilities (water & sewer) as listed in Exhibit A and Cost Estimates in Exhibit B to the SIA. Documentation verifying satisfactory completion of the improvements is attached: Item 3 - Alpine Engineering, Inc. Engineer's Opinion of Project Conformity Item 4 - Golder Associates Quality Assurance Assessment for Retaining Wall Construction, The Village (at-Avon), Swift Gulch Road, Eagle County, Colorado Item 5 Hepwoith-Pawlak Geotechnical Letter Verifying - Compliance of Materials, Swift Gulch Road, The Village.(at Avon), Avon, Colorado Item 6 - Excel Energy Letter verifying completion and acceptance of High Pressure Gas Line serving The Village (at Avon) project Item 7 - Holy Cross Energy Letter verifying that all conduit and vaults required for primary electric services have been installed and accepted Item 8 - Eagle River Water & Sanitation District - Water Main Letter verifying water main installation has passed all required construction inspections of the acceptance procedure' Item 9 - Eagle River Water & Sanitation District - Sewer Main Letter verifying sewer main installation has passed all required construction inspections of the acceptance procedure Based upon this documentation, we recommend approval and acceptance of the District - - - Improvements in accordance with the SIA by the adoption of Resolution No. 06-22, Series of 2006. Recommendation: Approve Resolution No. 06-22, Series of 2006, A Resolution Approving and Accepting the Traer Creek Metropolitan District Improvements Installed and Constructed in Accordance with-the Subdivision Improvements Agreement for The Village (at Avon) Filing 3 and Establishing Warranty Period for the Public Improvements. 0- lAEngineming\Avon Villagek4.0 Filing 3\4.9 Completion\Res 06-22 Completion Memo-Doc 2 Z Proposed Motion: I move to approve Resolution No. 06-22, Series of 2006, A Resolution Approving and Accepting the Traer Creek Metropolitan District Improvements Installed and Constructed in Accordance with the Subdivision Improvements Agreement for The Village (at Avon) Filing 3, and Establishing Warranty Period for the Public Improvements. Attachments: Item 1 - Resolution No. 06-22, Series of 2006 Item 2 - Subdivision Improvements Agreement Item 3 - Alpine Engineering, Inc. - Engineer's Opinion of Project Conformity Item 4 - Golder Associates - Quality Assurance Assessment for Retaining Wall Construction Item 5 - Hepworth-Pawlak Geotechnical - Letter Verifying Compliance of Materials Item 6 - Excel Energy - Letter Verifying Completion & Acceptance of High Pressure Gas Line Item 7 - Holy Cross Energy - Letter Verifying Completion & Acceptance of Primary Electric Service Conduits & Vaults Item 8 - Eagle River Water & Sanitation District - Letter Verifying Water Main Construction Inspections Acceptance Item 9 - Eagle River Water & Sanitation District - Letter Verifying Water Main Construction Inspections Acceptance Town Manager Comments: 0 lAEngineering\Avon Village\4.0 Filing 3\49 CompletionUtes 06-22 Completion Memo.Doc 3 TOWN OF AVON RESOLUTION NO. 06-22 Series of 2006 A RESOLUTION APPROVING AND ACCEPTING THE TRAER CREEK METROPOLITAN DISTRICT IMPROVEMENTS INSTALLED AND. CONSTRUCTED IN ACCORDANCE WITH THE SUBDIVISION IMPROVEMENTS AGREEMENT FOR THE VILLAGE (AT AVON) FILING 3 AND ESTABLISHING WARRANTY PERIOD FOR DISTRICT PORTION OF THE PUBLIC IMPROVEMENTS WHEREAS, the Town-of Avon entered into a SUBDIVISION. IMPROVEMENTS AGREEMENT, dated June 8, 2004, with Traer Creek LLC and Traer Creek Metropolitan District in connection with the approval of the Final Plat for The Village (at Avon) Filing 3, Town of Avon, Eagle County, Colorado; and WHEREAS, said Agreement established certain public improvements to be constructed by Traer Creek Metropolitan District (District Improvements) in conjunction with said subdivision; and n U 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 District Improvements were substantially complete as of April 20, 2006; and WHEREAS, all requited documentation for approval and acceptance of the improvements has been submitted as of April 20, 2006. NOW, THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, that: 1. The District Improvements required to be constructed in conjunction with The Village (at Avon) Filing 3 were substantially complete as of April 20, 2006, in accordance with the SUBDIVISION IMPROVEMENTS AGREEMENT and the stipulated one-year warranty period for said improvements shall extend to April 20, 2007. 2. The public improvements are hereby approved and accepted by the Town of Avon with the exception of items of warranty work, which are identified during the warranty period, which items shall have a warranty period, which extends for one year from the date of satisfactory correction of the warranted item. • I L/ lAEngineering\Avon Village\4.0 Filing 3\4.9 Completion\Res 06-22 Completion.Doc • 3. Effective April 20, 2006, the collateral may be released and warranty work on District's Improvements may be secured by a Maintenance Bond issued to Traer Creek Metropolitan District, for the Town's benefit, in the amount of $ 158,798 in accordance with the Subdivision Improvements Agreement. ADOPTED THIS DAY OF , 2006. TOWN COUNCIL TOWN OF AVON, COLORADO • • Ronald C. Wolfe, Mayor ATTEST: Patty McKenny, - Town Clerk i:\Engineering\Avon Village\4.0 Filing 3\4.9 Completion\Res 06-22 Completion.Doc 5 17.....2............. C-3)0 SUBDIVISION IMPROVEMENTS AGREEMENT THE VILLAGE (AT AVOM FILING 3 THIS AGREEMENT, made and entered into this day of 2004, is by and among Traer Creek-RP 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'l. RECITALS WHEREAS, Subdivider and the District, in i omection with the. approval of the final plat for The Village (at Avon) Filing 3, consisting of 108.720 acres in the SE K of Section 7 and in the W y2 of dre SW t/4 of Section 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 Exhibit A attached hereto and incorporated herein by reference; and • WHEREAS, the District is responsible for the performance and completion of the Improvements. AGREEMENT NOW THEREFORE, in consideration of the following mutual covenants, conditions and promises, the parties hereby agree as follows: 1. Final Plat App. 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 3 shall be promptly filed for record with the Office of the Eagle County Clerk and Recorder. 2. Completion of Work (a) Performance. District agrees to furnish all equipmerd, labor 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. District further agrees that it shall be solely responsible for all costs related to the performance and completion of the Improvements as set 1 € • t 6680/ rrm May 20.2004 882178 Page: r of 14 `29 Task J Simonton Eagle, CO as R 71.00 D 0.00 1:33P r forth an Exhibit B. 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 one (1) year of the date ofthe Town's approval of the Final Plat for the Subdivision, subject to extensions for force majeure events as defined in Section 13 below. (b) Infection 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. The Town will forward copies of all observation reports to the District, Suticiivider and ttie Nitrict'i engineers (who* shall hi' iegistered in'thi State off' Colorado) responsible for providing the opinion required by Section 7 hereof ;t (2) D_esigpation of Prior to commencement of construction ' work on the Improvements, the Town will 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 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 limedtions. The cost of such inspections, whether by Town employees or an independent third party inspector, shall be paid by the District, subject to the limitations set forth in paragraph 8 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, or that additional observation or testing by the n project engineer is necessary to assure compliance, it shall give written notice of such non s;t compliance, or additional observation or testing requests, to District's engineers, Subdivider and the District ("Notice of Non-Compliance'l. The Notice of Non-Compliance shall include a narrative descar'bing the unsatisfactory construction work with specific reference to the applicable construction plans and specifications. The Notice of Non-Compliance must be provided to District's engineers, Subdivider and the District within two (2) worldng days of the date of the observation. 3. Security for Completion of Improvements. (a) Sec To secure completion of the Improvements, the District hereby agrees to secure its 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 2 16OWrw May 20. 2004 882178 : 2 of 14 06x/29/2004 01:33P Tonic j!1 L111 ILii!116. CO a R 71.00 0 0.00 7 s equivalent; securities of acceptable value; letter of credit; bond for warranty period only; and land of acceptable value by deed of trust. (b) Substitution of Security. The District may substitute another form of collateral acceptable to the Town in place of the forms of security set forth below in order to guaranty the faithful completion of the Improvements and the performance of the terms of this Agreement. 4. District's 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 set forth on Exhibit A. The estimated costs of completion of the Improvements are set forth on Exhibit B 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 Improvements have received final acceptance or until the District provides substitute collateral acceptable to the Town. (b) ProgM PaPavments 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 which have been set forth on Exhibit A and upon fifteen (1S) 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-proms to-fifty-percent (5016) 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 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°/x) 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 set forth in paragraph 5 below, the Town shall release any further interest in the Security Account. • 3 s 16e90rrramr May 20, 2004 882178 Page: 3 of 14 08/2912004 01:338 t Teak J Simonton Eagle, CO Go R 71.00 0 8.00 (c) Default byDistrict. In the event of a default in whole or in part by the District, the Town shall be authorized to access the finds in the Security Account for the purpose of undertaking completion or remediation work on the Improvements after providing thirty (30) days advance notice of default to Subdivider and the District and providing an opportunity during such period for the District and the Subdivider 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 (u) the ftmds are required in order to complete or coned work on the Improvements. District finds 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 Improvements. 5. Warranty Period The Improvements shall be~wattarited to be flee-from defects in P 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 the District to colreet the defect in material or workmanship. The amounts for completion of all warranty work on the Improvements shall be secured by a letter of credit, bond or other acceptable collateral in the amount of one hundred and tan percent (1.10%) 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. 6. 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 s 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 std 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. 7. En&M's Opinion. Upon completion of portions of the Improvements, the District will cause its engineers (who shall be registered in the State of Colorado) to provide a written opinion that the installation of the Improvements, or portions thereof as may be completed from time to time, have been completed in general conformance with 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 opinion. 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 'Won- Compliance' and additional observation and testing requests that have been provided to the 4 166601Tiaer May 20.2004 882178 Pape : 4 Of 14 i 08/29/2004 02:33P Teak J Smarten Eagle. 00 99 R 71.00 0 0.00 engineer were addressed to their satisfaction prior to the issuance of engineer's opinion. 8. 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 will be based on direct (out-of-pocket) costs of the Town plus an administrative fee in the amount of fifteen (156/6) percent of the direct, costs, but in no event will the total amount of such additional fees-exceed five percent (5%) of construction costs. 9. Flo Obligation of Town`to Complete Improvements. Subdivider and the District agree 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 or perform -any of the-Improvement3. 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-the District to enforce any provision of this Agreement shall be at the sole discretion of the Town. Except in the event the Subdivider completes cure of the District default and thereby is entitled to require the Town to accept the Improvements, no third parties (including the Subdivider) 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 (including the Subdivider) from the failure of the District to complete the • Improvements herein specified. 10. , Non-Liability of Town: Indemnification. The Town shall not, norshall any officer, agent, or employ 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, 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 o& 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. i l . Rights of Tom m 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 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 S 166wrmw May 20, 2004 882178 /06/29 2004 01:33P Teak J Simonton Dole, C0 09 R 71.00 D 0.00 j Exhibit A. Ali such costs paid by the Town for such improvements (or paid by Subdivider if it chooses, in its sole and exclusive discretion, to cure the District's default), together with all costs of personnel, equipment and other matters expended by the Town (or Subdivider in the event Subdivider undertakes a cure of the District's default as aforesaid) in furtherance of the construction responsibilities of the District, shall be paid by the District. Any such costs relating to the Improvements, which have not been reimbursed by the District to the Town or Subdivider, as applicable, shall be a lien on any property in the Subdivision conveyed to the District contemporaneously with recordation of the final plat of The Village (at Avon) Filing 3. Said lien may be foreclosed in the same manner as a mortgage and shall entitle the Town or Subdivider, as applicable, to add its costs and reasonable attorneys' fees in such foreclosure or other collection. Without limiting the foregoing, the Town and/or Subdivider may, but shall not be obligated to, bring a mandatory injunction action against the District to require installation and construction of the Improvements, if not constructed within the tim' limits described iri this Agreement: If aity such action is brought by the Town and/or Subdivider, the Town or Subdivider, as applicable, shall be awarded its court costs and reasonable attorneys' fees. 12. Letter Certifj U Com_ gletion and Final Acceotance of Imurovements. 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. 13. Force Majeure. Whenever a party is required to perform an act under this Agreement by a certain time, said time shall be deemed extended so as to take into account events of "Force Majeure." "Force Majeure" is any of the following events that prevents, delays, retards or hinders a Party's performance of its duties hereunder. act of God; fire; earthquake; flood; explosion; war, invasion; insurrection; riot; mob violence; sabotage; vandalism; inability to procure or general shortage of labor, equipment, facilities, materials or supplies in the open market; failure of transportation; strikes; lockouts; litigation; condemnation; requisition; governmental, civil, military or naval authorities; or any similar cause not within such party's control. 14. Amendments. This Agreement may be amended from time to time, provided that such amendment-is in writing -and -signed-by all parties hereto.- is. 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written. b 166MTMW May 20, 2004 882178 Pa": 6 of 14 06/29/20" 81:33P Teak J Simonton Easim. GO 99 R 71.00 D 0.00 11 • [SIGNATURE PAGE TO SUBDIVISION IMPROVEMENT AGREEMENT THE VILLAGE (AT AVON) FILING 31 TOWN OF AVON, a Colorado municipal corporation A o-w Cl k Mayor fT ;APP OVED AS TO FORM: T Attorney TRAER CREEK-RP LLC, a Colorado limited liability company i E A L By: TRAER CREEK LLC, a Colorado limited liability company, its Manager . C• 4il~t►4 dGL=- agn " dholm, Manager j TRAER CREEK AN DISTRICT, a quasi-municipal By. sident ft E E 7 . 166Wrfm May 20, 2004 lul 882178 Page: 7 of 14 06/20/2004 1:3W Took a Simonton E4810, CC 89 R 71.00 0 0.00 12- r T~ . ~e Y r i? C= EXHIBIT A DESCRIPTION OF DRRO)MMM L Mobilization IL Roads - Includes Excavation, Embankment, Retaining Walls, Fine Grading, Sub-Base Materials & Preparations, Concrete Curb, Gutter, Medians, Crosspans, Rec Path & Sidewallss, Asphalt paving and Asphalt Rec Path, Guardrail, Pedestrian Rail, Pedestrian Tunnel, Paved Crosswa}ks, Signage, Striping and Other Incidental Construction per Approved Plans & Documents A. - Post Bouulevard from Roundabout 5 through Swift Gulch Road hdarsection B. Swift Gulch Road from The Village (at Avon) Filing 2 to Post Boulevard intersection 13L Utilities A. Water B. Sewer III. Slope Protection & Erosion Control A. Rip-Rap B. Erosion Control Matting C. Silt Fence, Wattles & Other Temporary Erosion Control Facilities IV. Stogy Drainage .A. Storm Drain Pipes B. Inlets and Headwalls & Rip-lisp C. Manholes & End Sections V. Shallow Utilities A. Electric 13. Telephone C. Cable TV D. Natural Gas E. Conduit for Other VI. Street Revegetation & Landscaping VII. Street Lighting 16680M W May 20, 2004 1:33P Page: 8 of 1111 N IN 111111111 IN 1111 06/29/2N4 4 Tuk J Simonton E@91s. CO 99 R 71.00 D 0.00 13 882178 EXHIMT 8 cOn xsmdATE OF MPROVEMKM t I* `2 882178 Page: 9 of 14 06/29/2904 41.33P !re v , L R :r Swift Giuch Road Description 1 GENERAL 2 air Traer Creek Metro District Quan" 1 LS r 125,750.00 Total S 125,750.00 4 sr lw,K-@Q.w S ROADS 6 Clear" 1 LS 33,860.00 33,850.00 7 Taped Rai.. WW Stoclgft (6") 11,534 CY 2.35 27,104.90 8 Topsoll Replace (4") 3,770 CY 6.30 23,751.00 9 Erroavadon Placed as Embanlonent 72,867 CY 3.10 225,867.70 10 Excavation Export and Place in Sind 54,841 CY 2.35 126,876.35 11 Sod Nall Walls vft Block Veneer 13,723 SF 52.55 721,143.65 12 MSE Wags using Modular Block units 2,573 SF 39.85 102,534.05 13 Gulf" 1,920' LF 18.00 30,7°211:00 14 Guardrail End Anchors 6• EA 760.00 4,560.00 15 Concrete curb and Gulp r 2,424 LF 13.50 32,724.00 16 3 Conatela. Pan 68 LF 25.40 I=M 18 Asphdt w tldclq 2,522 TON 48.80 116,029.80 20 A"helt (9" thick} 1,510 TON 46.80 70,686.00 21 P Tumbled Pawera 941 SF 1275 12,001.70 22 18" Csd4n4%= Ceem*a Band 144 LF 23.70 3,412.80 23 Type 2 (nm) Nlountable Curb and Gutter 270 LF 20.00 5,400.00 24 Type 1. ADA lump 4 EA BMW 3,200.00 25 Median Spill Crab and Gutter 1,342 LF 1&00 21,47200 28 Line. Strom 14,198 LF 0.40 5,678.40 27 _qww 32 EA 500.00 18,000.0 28 Bea (Type 3M-A) 4 EA 600.00 2,400.0 29 Pedestrian Tunnel 1 LS 180,100.00 180,100.00 30 Pedestrian Rail 959 LF 7.80 7,480.28 3t Cononft Rw Path (B . Bddq 10. wWe 1,173 Sy 31.50 38,948.50 32 • Asehelt Ir t ddd Rem Path 1.= TON 47.95 61.007.55 34 Chain Link Fence "-W7 2) Single Gab 1 2 EA f 3,260.0 I 8,520.00 38 WATER 37 8" DIP 163 LF 44.00 7,172.00 38 Ir. DIP 1,391 LF 48.30 64,403.30 39 _ _16" DIP 478 LF _ -66.00-- 31,546.00 40 9' Gets Valve 4 EA 800.00 3,200.)0 41 8" Gets Valve 5 EA 1.085.00 5,425.00 42 18" Gate Valve 2 EA 4,530.00 9,W0.0D 43 Air Relme VWA 2 EA 2.800.00 5,6W.0D 44 Relocate Air Release Vault 1 LS 2,800.00 2,800.00 45 Fft Hydrant Asses" 4 EA 3,240.00 12,960.00 46 Limes (1.1/2" darn.) Water Service. Co er i EA 2,40D.W 2,400.00 47 pp irrkmdon meter PR 1 EA 1.750.00 1.750.00 Unit Price Comparisons 24MAYa 48 Subtotal 146,318.3D 49 SLOPE PROTECTION AND EROSION CONTROL 50 Stud Construction Entrance 3 EA 1,600.00 4,800.00 9 51 SE Ferree 865 LF 1.70 1,470.50 t 52 Rip-Rap (InWoudc protection) d50=9" 58 LF 24.00 1,392.00 's 53 Rip-Rap (Nwetloutlet protection) d50=12" is LF 24.00 384.00 54 Rlp-Rap (Inlet/outlet prcecdon) d50=16" 123 LF 80.00 7,380.00 55 ROW (InWoudet Protection) d50=24" 11 LF 90.00 990.00 58 Strew Bate 091e 2 EA 75.00 150.00 882178 Pape: 10 of 14 66/29/2004 01:33P Teak J Simonton Eagle, CO 09 R 71.60 0 0.00 10 l~ Swift Gluch Road s- Description aM 57 Wattta 58 Beaver Dam (~det ) ry' 59 silt sack (inlet per) Erosion Cardrol Matting (14 wide) _ L u%dL* 450 is Erosion Control MMft (4 wtcW 81 Lw%fiA 45D 62 Revert 63 Traer Creek Metro District Gould 2,319 LF 1.20 2,782.80 1 LS "18546.00 18 OC Unit Price TOW $ 38 115.00 4,140.00 ' 9 J 260:00 2.340.00 17 125.00 2,125.00 192 LF 3.10 5952D r 64 as DRAWAGE Mountable Club lndet 1 EA EA 2.200.00 475 00 2 2 0 2D,700,0 88 C Inlet 12 4 EA . , 3,300.0 13,2D0.00 67 D IrdM 1 EA ..3,860.00 344.00 67 2K§Clrrtrlnlst Z245.00 _ 2x3 V89ey Inlet 5 EA 4,300.00 .M. 2t,5o0.00 70 's Type R ~ 9 159 LF 39.95 6,352:05 71 : 711 LF 37.45 28,8 AS, 72 18" RCP " 558 41'50 25,157.00 73 74 RCP 21 24" RCP 21 LF 5200 t,092.00 75 24" CMP 578 LF LF 41.50 57 25 18,60iW 78 ' CMP 290 87 LF ' 220.00 19,140.00 77 78 84' CMP 84" H t R"ap 1 LS 38,300.00 38,300.00 78 24" CMP End SaCtlOnB 12 EA EA' 430.0. 00 535 5,180.00 1,070.00 80 38 CMP End Seoliorna 2 2 EA . 600.00 5,200.00 81 It Diam Storm Crain Manhole 239,099 50 82 subtotal ° 83 SEWER " 580 1 LF 38.00 58,180.00 a. 84 as PVC 8 8". PVC Sarvkaea , 140 LF 38.00 5,040.00 00 500 4 68 87 Enreseffant SOR •17 HDPE 100 Psi 100 335 LF LF 45.0 20.00 . 6 8.700.0 10 EA zwo.0o 29AW 89 sewer. Video 1,140 LF 1.50 - 430.0 102,830.00 9o sutdotd 91 92 SHALLOW tn81TE3 Tr r9 7,174 LF 10.00 8 0 71,740.0 5 1 51. 2 g 93 EEeetrta Can dud e" OvAd Qr M 90 Z, LF LF 5 . 85 0 4 . 138 6. 1 14 r 94 Eleolrla Condulk4' (I aW onM " 1(3,831 914 2 LF . 2.00 , . 5,828.0 - 95 Telephone CorlduR 4 ' , 914 2 LF 200 8.82800 g8 came TV candult 4 , °y 97 shy Elacft 4- CO-44 and Wire - - 1;042-- -LF - 2.00- 98 99 100 101 102 103 104 105 106 107 106 109 • ~ 110 Seamy Electric 2" ConduR and Wire 3,055 I.F 1.00 3,055.Oo Corrinvnicationa 4464-TCA Vaud! 7 EA 4,840.00 33,880.00 Electric UM 35L splice Va"A (install WO) 7 EA 600.00 4,200.00 Bcidder Waft 720 SF LF 20.00 45 28 14.400.00 687.00 1 12 RCP 4" Fbw Optic Comm d 80 1,457 LF . 2.00 , 2,914.0 6" Spare Candkdt 9,549 LF LF 2.60 200 24,827.40 64200 - 18 4" Spare Condit h M 9,321 18 EA 200.00 , 3,600.00 o HwW wMM 4 A1M.1nn unit Price Comparisons 24 MAY 04 882178 Page: 11 of 14 06/29/20" 91:33P • [0 n v 16680/rw 2004 EXHIBIT C DISTRICT FUND-MG R LUTION 882118 Page: 12 of 14 00/29/2004 01:33P Toak J Simonton Eaeta, 00 99 R 71.00 0 0.00 May 20, 17 3i -1 yj r A'• ~t a %--e' RUOLUUON OF TRAM Can OPOLITAN DnMCr SSaAM 9WN pMMO~M AMMI $ Tg&VULAGZ (AT AVON) MM 3 Wes, Tne r Cae * uwapoiim DildeC (d*" is a V"-=~ and noliticat SdAWWW of the Stw of Colorado; sud Wes. Dbhi9t is 8Whot, p to SeedoM 3Z-1-LW&% )(d . C,R.S.. to aaeatr ittea oontceaa and a 6 ~ sffaia of the Distc~ sod . . WE.BREAS, ~a.DMj than a . tared fm a Sobdivssion ~.or.o.va®a. ae..o[s.. Agresn"Ad The yiltw (At AVee) F 3 dated _'"~e~-..AL- , 2W4 (*a %U") ~ Pm Town of Avow Colorado (ft "Tam") =A ~ LM a Colorado ~imitod Haww y ~~g 4w budiag and/or corm ~Pnblic ism ovaomazooae is cow wi& the °V'od of *0 I" Plat of The VWW (at Avoaa►~ F~ 3. 'terovu of Avon. BMAM COMM, Color and Wes, the DWec Is ragpomble &n the perfu maac° and coaapledon of pub Ho ;mpcovemew assiVW on Ba A of ft M (day VUbda ywpc+o Mvnta" x NOW. THERBFOM BS TT VOLVO B'y TBS BOARD OF DMIMORS OF TRAM CREEK h ppOLYTAN DMTR= AS FOLIdMS: 1. Tlaa send of Direetocs hereby fords. dammines and dcalexas that it is in *0 best mterag of dtO D1stA to exeeas<e ad deliver to 2w Town *a SIA =4 dw appmpri" d deh~:>t~ SYA io tbt: offi~cara of rise Distrid oats haft e0o~Oed awns ad 2 The Board of Direcoars hereby appcvpriales. Twam ad a lbr teach to the Taws pusses to th° m available tbinds of nedon o ftlna Dlsaiot Mot 1M than $3,px .M.20 (du to ~atee oo 3. Tlrs Dosed dDb wwu herby owdfN'DO the Town rCou ma * eared and fm ftm asba of oem so that any requests hounr+ed. The Dowd of Direotwrs Aartber cadfles to the Town w1der ttae BIA may be praeoY Cotes dw F=ds hm been set aside to s sepataee account and id®ti&d hoar ah° pu "m recited hesein ad that F=6 AWI be b eld h~i~ w of Section 29-1-803(1). C.R.S., for the ptscposc of pB fur " hh*MVOMMIL 4 'rids Reeohdan shs11 be renowed at tlwe be&WAg of each subsequem oalwAst ymr mall aU the District Itwvea a us have received final aeon *mw or UM tke District pmvidw subesW o collateral acceptable io thm To". 882178 • Pa": 13 of tppptgmJDOCrf1 4 Eagle, Co as R 71. 08 29o2~e 91:33P Teak J Simonton Eat IT y • Y WING ApRpgtA*UONOFmms (,04.,TMZPAOIrmiOLUTONRGA qN Il1evROVE AG31~ p1yDER GAT AVON) FOJKG 31 APl'UMW AND ADWM d& r~ day of G' l~ X; L4 v .k Dr. x• 'f+ i • s` yj .f ~i 882178 Page: 14 08/29/12004f01:33P TKIc J Slf ton Eagle. CO R 71.00 D 0.00 ,DOCriy 2 (00619.1 1q. 2- 17&,77 3 ALPINE ENGINEERING, INC. Engineer's Opinion of Project Conformity Project: The Village (at Avon) Filing 3. Swift Gulch Road 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 test results, reports, and information provided by others, the constructed improvements on the above referenced project and the materials incorporated therein appear to be in general conformance with the contract plans, specifications and standards. This includes the improvements for the shallow utilities. The contract plans, specifications and standards for the project are those presented in The Village (at Avon) Swift Gulch Road - Road, Grading, Drainage, Water, Sewer and Utility Plans, Final Plan Submittal - May 12, 2004, 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: R PE 36683 Oc• • . i 9/ob; for Alpine En&eering, Inc. AJECEIVE© JAN 2 0 2006 Community Development i Projee`cOnTwW rsu nessutenle°rd4.-6ox • Edwards, Colorado 81632 • (970) 926-3373 • Fax (970) 926-3390 W I -rd W1 4 Golder Associates Inc. 44 Unlan BoUevord. Suft 300 Lakcewooct co USA 80226 Wephow. (303) 980-0540 Fox: (303) 985-2080 www.golder.com October 6, 2005 0 Traer Creek LLC RO. Box 640 Vail, Colorado 81620 Attention: Mr. Erik Peterson (rGolder Our Ref.: 053-2363A1 RE: QUALI<T1! ASSURANCE ASSESSMENT FOR RETAINING WALL CONSTRUCTION, THE VILLAGE (AT AVON), SWIFT GULCH ROAD, EAGLE COUNTY, COLORADO Dear Erik: As a currently licensed engineer registered in the State of Colorado, it is my professional opinion, based on site observations by Golder Associates, Inc. personnel working under my direction, together with test results, reports, and information provided by others, that the constructed retaining walls designated Walls A through D are in general conformance with the contract plans., and respective specifications, standards, and approved changes. Exceptions were several localized misalignments of the wall facing at Walls A, C and D. These were assessed and in my opinion are acceptable from the standpoint of structural integrity and wall stability. Given acceptance of the misalignments by the owner, we therefore recommend acceptance of Walls A through D. Submittal of supporting CQA documentation has been provided under separate cover. However, as requested, please find attached copies of verification and proof testing results for Wall D, together with the accompanying daily report sheet indicating conformance. Please note that our opinion of construction conformity is provided in terms of the construction quality assurance (CQA) engineering services for which we were engaged. We have appreciated the opportunity to work with Tmer Creek on this project. Please call if you have questions concerning this letter, or if we can be of further assistance. Sincerely, Francis E. Harrison, P_E. Associate IIIIM J • URR Ar :,fC~• 1 i~ f~O e~~. O w :f..r • •y^ f Z1n • i. ~~•~~o• ~1~ ti`s cc: Michael Sliper, Alpine Engineering, Inc. Attachments FEH/kag 1111g2irG}nlHttlHAtLSt23C3AI KTNr,,VALLQMhCCMNTIYK)CMq.IXlC OFFICES ACROSS AFRICA, ASIA, AUSTRALIA, EUROPE, NORTH AMERICA AND SOUTH AMERICA 21 GOLDER ASSOCIATES INC. .1. -rte s- - H G OMMW* ( otech HEPWORTH-PAWLAK GEOTECHNICAL October 31, 2005 Hepworth-Pawlak Geotechnical, Inc. 5020 County Road 154 Glenwood Springs, Colorado 81601 Phone: 970-945-7988 Fax: 970-945-8454 email: hpgeo®hpgeotech.com Traer Creek Metropolitan District Attn: Erik Peterson P. O. Box 640 Vail, Colorado 81658 Job No. 104 508 Subject: Compliance of Materials, Swift Gulch Road, the Village at Avon, Avon, Colorado Dear Erik: C Hepworth - Pawlak Geotechnical, Inc. provided observation and materials testing services for earthwork, concrete, aggregate base course and hot-mix asphalt paving during construction of the Swift Gulch Road Project. -Our services for the construction began in early July 2004 and have continued on an as-required basis through to recent substantial completion. Our services are being performed under the direction of the undersigned licensed engineer registered in the State of Colorado. The minimum frequency of testing was generally as described in our letter dated July 14, - - 2004.-- Nonconforming-materials and/or- workmanship-identified during construction were immediately brought to the attention of the contractor for correction. During construction applicable testing and observation reports were distributed to the Owner and the Town of Avon. Our material testing is complete with the exception of laboratory compression testing for concrete placed on the project on October 7 and 14, 2005. These results will be distributed upon completion. Based on our observations during construction and the results of our testing to date, the earthwork, concrete, aggregate base course, and hot-mix asphalt paving materials placed Parker 303-841-7119 • Colorado Springs 719-633-5562 • Silverthorne 970-468-1989 C • 22 C~ Traer Creek Metropolitan District October 31, 2005 Page 2 for the Swift Gulch Road Project were in substantial compliance with the project specifications, and/or currently accepted industry practices as applicable. If you have any questions or need further assistance, please call our office. Sincerely, HEPWORTH - PAWLAK GEOTCHNICAL, INC. Thomas J. Westhoff 0%%IIIIostsi& Reviewed a•°°'~p A. YO % 32- : D- - David A. Young, P.E. TJW/ cc: Alpine Engineering - Attn: Mike Slipe'r Town of Avon - Attn: Norman Woods Gould Construction - Attn: Ryan Hill Job No. 104 508 23 i -T E»Y XcelEnergy° Xcel Energy 1123 W. 3rd Ave. Denver, CO 80223 December 12, 2005. . 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: This letter is sent to confirm that Public Service Company of Colorado has completed and accepted the construction of the high-pressure gas line feeding The Village at Avon project. All construction pertaining to the high-pressure gas line was, completed in the summer of 2005 and Public Service-Company of Colorado has received all funds necessary from Mt. Erik Petersen. Thank you Sarah E. Robinson, EIT Gas-Transmission Engineer Xcel Energy VI { CaosS F 41 it Ov Z O d 1- SSO*60 • October 28, 2005 Mr. Erik Peterson Traer Creek LLC P. O. Box 640 Vail, CO. 81658 Re: Swift Gulch Road Extension (H.C.E. W/O# 18464) Dear Erik, l T6o? l 3799 HIGHWAY 82 • P.O. BOX 2150 GLENWOOD SPRINGS, COLORADO 81602 (970) 945-5491 • FAX (970) 945-4081 This letter shall serve as verification that as of today's date 10128105, all of the pipe and vaults required to extend Holy Cross Energy's primary electric services along the Swift Gulch Road extension have been installed. Holy Cross Energy crews are still in the process of pulling and terminating the electric cables, but as stated above, all the pipe and vaults have been installed and accepted. If you have any questions, please feel free to contact me. Thank you. Sincerely, HOLY CROSS ENERGY 4a- Michael A. Mikolic, Staking Engineer MAM:smh W/0#05 18464:Swift Gulch Road Extension Starla\Mlkollc~Peterson - Traer2 A Touchstone Energy" Cooperat lve ~t)~ 7-5 l -7e: m , S EAGLE RIVER WATER & SANITATION DISTRICT 846 Forest Road• Vail, Colorado 81657 (970) 47&7480'- FAX (970) 476 4089 November 16, 2005 Mr, Erik Peterson Traer Creek, LLC P.O. Box 640 Vail, CO 81658 Mr. Mike Sliper, Alpine Engineering Inc. P.O. Box 97 Edwards, CO 81632+L139 Reference: VILLAGE AT AVON, SWIFT GULCH WATER MAIN Dear Mr. Peterson: Please be advised that the above-referenced project has passed all of the required inspections of the construction phase of the acceptance procedure. Once the following items have been submitted and approved by the District, Final Acceptancemay occur: C The following items must be submitted to and approved by the District's Construction Review Team: 1. Final Grade and Paving Inspection An inspection is required to ensure that all system attributes are fully operational and meet or exceed District final grade and paving standards. 2. As-Built Drawings "Field Verified" as-built drawings and AutoCAD disk, per the District's specifications, are-required.- 3. Easement Documentation Descriptions of dedicated easements or road right-of-way in which the Water Main is installed as required. 4. Certification of Costs An accounting of the exact construction cost of the line that the District is being asked to accept. This amount shall only include the cost of design, materials, and installation of the Water Main. Legal costs are not an eligible cost. WATER, WASTEWATER, OPERATIONS & MANAGEMENT SERVICES F:\ 15 W SD\BREGSIDE VNOTWZ4rMTR.DOC • • Village at Avon, Swift Gulch, Water Main November. 16, 2005 Page 2 of 2 5. Bill of Sale A document conveying the Water Main to the District by the developer/owner is required.- This document warrants the Water Main against any and all defects as required. The appropriate Bill of Sale form shall be obtained from the District. 6. - Final Inspection A final inspection is required and will be made after all construction, including final grading and paving is completed. 7. Final Acceptance After all of the above' items have been submitted and approved by the District, the project shall be presented to the Board of Directors for Final Acceptance. Until Final Acceptance has been approved by the Board, the Water Main shall not be considered part of the District's system. To summarize, this Water Main has not been accepted by the District. Until this Water Main is accepted, you are responsible for maintaining it and you will be liable, for any. damage resulting from the failure to`maintain the Water Main properly. Your two-year warranty time period for this Water Main shall begin on the date of Construction Acceptance by the District. Please submit the requested items as soon as possible to,complete the acceptance process. If you have any questions or concerns, please contact me at 970/476-7480. Sincerely, Fred S. Haslee Regulations Administrator c: Project File Field, Operations Department FSH/mp FA15W5D\KMS\DEVN0TWe4nLTRDW t -r£ nl 9 EAGLE RIVER WATER & SANITATION DISTRICT, 846 Forest Road - Vail, Colorado 81657 (970) 476-7480 - FAX (970) 476-4089 November 16, 2005 Mr. Erik Peterson Traer Creek, LLC P.O. Box 640 Vail, CO 81658 Mr. Mike Sliper " Alpine Engineering Inc. P.O. Box 97 Edwards, CO 81632+L139 Reference: VILLAGE AT AVON, SWIFT GULCH SEWER MAIN Dear Mr. Peterson: Please be advised that the above-referenced project has passed all of the required inspections of the construction phase of the acceptance procedure. Once the following items have been submitted and approved by the District, Final Acceptance may occur. The following items must be submitted to and approved by the District's Construction Review Team: 1. Final Grade and Paving Inspection An inspection is required to ensure that all system attributes are fully operational and meet or exceed District final grade and paving standards. 2. As-Built Drawings "Field Verified",as-built drawings and AutoCAD disk, per the District's specifications, are required. 3. Easement Documentation Descriptions of dedicated easements or road right-of-way in which the Sewer Main is installed as required. 4. Certification of Costs An accounting of the exact construction cost of the line that the District is being, asked to accept. This amount shall only include the cost of design, materials, and installation of the Sewer Main. Legal costs are not an eligible cost. AV WATER, WASTEWATER, OPERATIONS & MANAGEMENT SERVICES FA 15 WSD\SREOS0EVNOTffNINrrLTR.DOC A\ • • C 2.9b Village at Avon, Swift Gulch, Sewer Main November 16, 2005 Page 2 of 2 5. Bill of Sale A document- conveying the Sewer Main to the District by the developer/owner is required. This document warrants the Sewer Main against any and all defects as required. The appropriate Bill of Sale form shall be obtained from the District. 6. Final Inspection A final inspection is required and will be made after all construction, including final grading and paving is completed. 7. Final Acceptance After all of the above items have been submitted and approved by the District, the project shall be presented to the Board of Directors for Final Acceptance. Until Final Acceptance has been approved by the Board, the Sewer Main shall not be considered part of the District's system. To summarize, this Sewer Main has not been accepted by the District. Until this Sewer Main is accepted, you are responsible for maintaining it and you will be, liable for any damage resulting from the failure to maintain the Sewer Main properly. Your two-year warranty time period for this Sewer Main shall„begin on the date of Construction Acceptance by the District.. Please submit the requested items as soon as possible to complete the acceptance process. If you have any questions or concerns, please contact me at 970/476-7480. Sincerely, ,4" S~ U04 Fred S. Haslee Regulations Administrator c: Project File _ Field Operations Department FSH/mp E 2-9 FA15WSDVUtEG5WEVN0TIE1INrf1.TLD0C