TC Res. No. 2006-37 APPROVING AND ACCEPTING PUBLIC IMPROVEMENTS ASTOWN OF AVON, COLORADO
RESOLUTION NO. 06-37
Series of 2006
A RESOLUTION APPROVING AND ACCEPTING PUBLIC IMPROVEMENTS AS
HAVING SUCCESSFULLY COMPLETED THE STIPULATED WARRANTY PERIOD
FOR SAID IMPROVEMENTS INSTALLED AND CONSTRUCTED IN ACCORDANCE
WITH THE SUBDIVISION IMPROVEMENTS AGREEMENT FOR THE VILLAGE
(AT AVON) FILING 2
WHEREAS, the Town of Avon entered into a Subdivision Improvements Agreement, dated
April 23, 2002, with Buffalo Ridge Affordable Housing Corporation and Buffalo Ridge II LLLP
in connection with the approval of the Final Plat for The Village (at Avon) Filing 2, Town of
Avon, Eagle County, Colorado; and
WHEREAS, said Agreement established certain public improvements to be constructed in
conjunction with said subdivision; and
WHEREAS, Town of Avon Resolution No. 04-29, Series of 2004, approved and accepted said
public improvements as of July 27, 2004, and established the warranty period for the
improvements; and
WHEREAS, Town of Avon Resolution No. 05-38, Series of 2005, approved and accepted said
public improvements having successfully completed the one-year warranty period, identified
specific items consisting of establishment of the required vegetation in the lower reach of the
channel in Basin 10 and the upper reach of the channel in Basin 9, that did not successfully
complete the warranty period; and
WHEREAS, Town of Avon Resolution No. 05-38, Series of 2005, extended the warranty period
for the lower reach of Basin 10 and the upper reach of Basin 9 to July 27, 2006; and
WHEREAS, an on-site warranty inspection was performed with the Project Engineer and
Contractor's representative on July 13, 2006; and
WHEREAS, it was found that the required vegetation in the lower reach of the channel in Basin
10 and the upper reach of the channel in Basin 9 was sufficiently established to be free of visible
defects; and
WHEREAS, The Project Engineer recommends full warranty release for the completed work.
NOW, THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF AVON, that:
The public improvements constructed in conjunction with the Subdivision Improvements
Agreement for The Village (at Avon) Filing 2 have satisfactorily completed the
established warranty period and the Town certif es that all obligations of Subdivider, under
the Subdivision Improvements Agreement have been satisfied and the security in the form of
a dual obligee bond is hereby released.
:Sep D , 2006.
ADOPTED THIS a Le - DAY OF
TOWN COUNCIL
TOWN OF AVON, COLORADO
(ZAC~
Ronald C. Wolfe, Mayor
% OF At
ATTEST: r
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Town
Resolution No. 06-37 V@A Filing 2 Warranty Release
Page 2 of 2
Memo
TO: Honorable Mayor and Town Council
Thr`1: Larry Brooks, Town Manager
From: Norman Wood, Town Engineer
Jeffrey Schneider, Engineer II
Date: September 19, 2006
Re: The Village (at Avon) Filing 2 (Buffalo Ridge)- Resolution No. 06-37, Series
of 2006, A Resolution Approving and Accepting Public Improvements as
Having Successfully Completed the Stipulated Warranty Period for Said
Improvements Installed and Constructed in accordance with Subdivision
Improvements Agreement for The Village (at Avon) Filing 2
Summary:
Resolution No. 06-37, attached as Exhibit 1, approves and accepts the public improvements
having completed the stipulated warranty period in conformance with the'Subdivision
Improvements Agreement (SIA) for The Village (at Avon) Filing 2. Filing 2 generally
consists of the Buffalo Ridge affordable housing development and associated infrastructure.
The SIA is attached as Exhibit 2.
Resolution 04-29, Series of 2004, approved and accepted the public improvements and
- -established-the-one-year-warranty period beginning on July 27, 2004. Resolution 04-29 is
attached as Exhibit 3. Resolution 04-29 further authorized release of the security deposit and
authorized that a dual obligee bond be utilized to secure the warranty period in accordance
with the -SIA. The following year, Resolution 05-38, Series of 2005, attached as Exhibit 4,
accepted the public improvements having satisfactorily completed the one year warranty
period with the exception of the vegetation establishment noted in upper reach of the channel
in Basin 9 and the lower reach of the channel in Basin 10. The dual,obligee bond was to
remain in place until full completion of the extended warranty period. A field inspection was
performed on July 13, 2006 to evaluate the condition of remaining warranty items identified
during the warranty inspection performed on July 22, 2005 prior to adoption of Resolution 05-
38. Participants in this field inspection were Sandra E. Mendonca, P.E., Project Engineer with
Inter-Mountain Engineering, Ltd.; Bill "Thunder" Thornton, project manager for Colorado
First Construction Company; Joe Bair, special inspector for the Town of Avon, and Jeffrey
I:\Engineering\Avon VHIW\3.0 Filing 2\Completion\Res 06-37 Final Release-Mena.Doc
Schneider, P.E., and Norman Wood, P.E., Town of Avon Engineering Department. In this
inspection, the deficient vegetation establishment noted in 2005 appeared to be acceptable.
The attached letter (Exhibit 5) dated September 7, 2006, from Sandra Mendonca; P.E. with
Inter-Mountain Engineering, Ltd. documents the current condition of these channels, based on
the July 13, 2006 field inspection and recommends full warranty release for the completed
work.
Resolution No. 06-37 approves the public improvements as having successfully completed the
stipulated warranty period and authorizes final warranty release.
We recommend approval of attached Resolution No. 06-37, A Resolution Approving and
Accepting Public Improvements as Having Successfully Completed the Stipulated Warranty
Period for said improvements Installed and Constructed in Accordance with the Subdivision
Improvements Agreement for the Village at (Avon) Filing 2.
Recommendation:
Approve Resolution No. 06-37, Series of 2006, A Resolution Approving and Accepting
Public improvements as Having Successfully Completed the Stipulated Warranty Period for
Said Improvements Installed and Constructed in Accordance with the Subdivision
Improvements Agreement for The Village (at Avon) Filing 2.
Proposed Motion:
I move to approve Resolution No. 06-37, Series of 2006, A Resolution. Approving and
Accepting Public Improvements as Having Successfully Completed the Stipulated Warranty
Period for Said Improvements Installed and Constructed in Accordance with the Subdivision
Improvements Agreement for The Village (at Avon) Filing 2
Town Manager Comments: -37 I:\Engine *\A,on Village\3.0 Filing 2\Completion\Res 06 Final Release-Memo.Doc
Page 2
Attachments:
Exhibit 1- Resolution No. 06-37, Series of 2006
Exhibit 2 - Subdivision Improvements Agreement
Exhibit 3 - Resolution No. 04-29, Series of 2004
Exhibit 4 - Resolution No. 05-38, Series of 2005
Exhibit 5 - Inter-Mountain Engineering, Ltd. Letter of September 7, 2006
i.\Eng,w,ing\Avon Vii]agcM.0 Filing 2\Completion\Res 06-37 Final Release Memo.Doc
Page 3
TOWN OF AVON
RESOLUTION NO. 06-37
Series of 2006
A RESOLUTION APPROVING AND ACCEPTING PUBLIC IMPROVEMENTS AS
HAVING SUCCESSFULLY COMPLETED THE STIPULATED WARRANTY PERIOD
FOR SAID IMPROVEMENTS INSTALLED AND CONSTRUCTED IN ACCORDANCE
WITH THE SUBDIVISION IMPROVEMENTS AGREEMENT FOR THE VILLAGE (AT
AVON) FILING 2
WHEREAS, the Town of Avon entered into a Subdivision Improvements Agreement, dated April
23, 2002, with Buffalo Ridge Affordable Housing Corporation and Buffalo Ridge II LLLP in
connection with the approval of the Final Plat for The Village (at Avon) Filing 2, Town of Avon,
Eagle County, Colorado; and
WHEREAS, said Agreement established certain public improvements to be constructed in
conjunction with said subdivision; and
WHEREAS, Town of Avon Resolution No. 04-29, Series of 2004, approved and accepted said
public improvements as of July 27, 2004, and established the warranty period for the
improvements; and
WHEREAS, Town of Avon Resolution No. 05-38, Series of 2005, approved and accepted said
public improvements having successfully completed the one-year warranty period, identified
specific items consisting of establishment of the, required vegetation in the lower reach of the
channel in Basin 10 and the upper reach of the channel in-Basin 9, that did not successfully
complete the warranty period; and
WHEREAS, Town of Avon Resolution No. 05-38, Series of 2005, extended the warranty period
for the lower reach of Basin- 10 and the upper reach of Basin 9 to July 27, 2006; and
WHEREAS, an on-site warranty inspection was performed with the Project Engineer and
Contractor's representative on July 13, 2006; and
WHEREAS, it was found that the required vegetation in the lower reach of the channel in Basin 10
and the upper reach of the channel in Basin 9 was sufficiently established to be free of visible
defects; and
WHEREAS, The Project Engineer recommends full warranty release for the completed work.
1:\Engineering\Avon Village\3.0 Filing 2\Completion\Res 06-37 Warranty Release.Doc , `
NOW, THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
AVON, that:
The public improvements constructed in conjunction with the Subdivision Improvements
Agreement for The Village (at Avon) Filing 2 have satisfactorily completed the established
warranty period and the Town certifies that all obligations of Subdivider, under the
Subdivision Improvements Agreement have been satisfied and the security in the form of a
dual obligee bond is hereby released.
ADOPTED THIS DAY OF -2006.
TOWN COUNCIL
TOWN OF AVON, COLORADO
Ronald C. Wolfe,' Mayor
ATTEST:
Patty McKenny,
Town Clerk
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TOWN OF AVON
RESOLUTION NO. 02-20
Series of 2002
A RESOLUTION APPROVING FINAL PLAT AND
SUBDIVISION IMPROVEMENTS AGREEMENT FOR
_ THE VILLAGE (at Avon) FILING 2, TOWN OF
AVON, EAGLE COUNTY, COLORA-D O--
ZI~0
WHEREAS, Buffalo Ridge Affordable Housing Corporation, a Colorado nonprofit
corporation, Buffalo Ridge II LLLP and Traer Creek LLC, the owner of the applicable
portion of The Village (at Avon) has filed a Final Plat and Subdivision Improvements
Agreement for The Village (at Avon) Filing 2, Town of Avon, Eagle County, Colorado for
approval in accordance with Chapter 16.20 of the Avon Municipal Code; and
WHEREAS, on November 13, 2001, the Town held a public hearing at which it
received evidence and testimony concerning the Preliminary Plan for The Village (at
Avon) Filing 2, at-the conclusion of which the Town Council considered such evidence
and testimony and approved the Preliminary Plan by adoption of Resolution No. 01-34;
and
WHEREAS„the Final Plat is in general conformance with the Preliminary Plan "as
approved by Resolution No. 01-34; and
WHEREAS; the Final Plat is subject to the terms and conditions of the
Annexation and Development Agreement dated October 13, 1998 and any amendments
or modifications thereto; and
WHEREAS, the Final Plat is subject to the terms and conditions of the P.U.D.
Development / Sketch Plan dated October 13, 1998 and any amendments or
modifications thereto; and
WHEREAS, the-attached Subdivision Improvements Agreement and associated
public improvement plans provides for the construction o)f-the publid-i provemen -
required for development of The Village (at Avon) Filing 2 Subdivision and the securities
to assure completion of the public improvements as required by Section 16.24. 100 of the
Avon Municipal Code.
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NOW, THEREFORE, BE IT RESOLVED BY THE-TOWN COUNCIL OF THE
TOWN OF AVON, COLORADO, that the Town hereby finds and determines that the
Final Plat and Subdivision Improvements Agreement for The Village (at Avon) Filing 2 is
in general conformance with the Preliminary Plan-as approved by Town'of Avon
Resolution No. 01-34 and other applicable development laws, regulations and policies of
the Town of Avon and hereby approves the same subject to,completion of technical
corrections as identified by Town Staff prior to recording of Final Plat and the submission
to and acceptance by, the Town of Avon, of the following items prior to the issuance of
any permits or start of any construction within the subdivision:
A. Irrevocable Letter of Credit or other acceptable security in an amount of not less
than $2,440,635.00 to assure completion of Subdivider public improvements; and
B. Approved construction plans, specifications and related documents for
construction of public improvements as identified in Subdivision Improvements . .
Agreement Exhibits A and B; and
C. Revised Debris Flow Mitigation Report conforming to Memo dated April 18, 2002,
from Leslie Hope of High Country Engineering; and
D. Written approval of emergency access and fire hydrant spacing by Eagle River
Fire Protection District; and
E. Written approval of plans for water and sewer facilities by Eagle River Water &
Sanitation District; and
F. Written approval by applicable utility companies of construction plans for utility
services including electric, natural gas, telephone and cable TV.
ADOPTED THIS aDAY OF April 2002.
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ATTES 4 ~ ~ ! .
C:\W wwS\Temporary Internet Files\OLK43221Res 02-20 Final P1at.Doc
TOWN COUNCIL
TOWN OF AVON, COLORADO
J Yoder r
2
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SUBDIVISION IMPROVEMENTS AGREEMENT
THIS AGREEMENT, made and entered into this *Ili day of April, 2002, is
by and among BUFFALO RIDGE AFFORDABLE HOUSING CORPORATION, a
Colorado nonprofit corporation and BUFFALO RIDGE II LLLP, a Colorado limited
liability limited partnership (collecti vely "Subdivider"), and the TOWN OF AVON, a
Colorado municipality, by and through its Council (the "Town").
RECITALS -
WHEREAS, Subdivider, in connection with the approval of the final plat for The
Village (at Avon) Filing 2, consisting of approximately 138.469 acres in Section 12, T. 5
S., R. 82 W. and Section 7, T. 5 S., R. 81 W., of the 6th P.M., Town of Avon, Eagle
County, Colorado (the "Subdivision"), desires to enter into a Subdivision Improvements
Agreement with the Town as provided for by Section 16.24.100 of the Avon Municipal
Code, as amended (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 Subdivider is responsible for the performance and completion of
the Improvements and the parties desire to set forth their agreement with regard to
compliance with the same; and
WHEREAS, the Town and Subdivider are parties to those certain bond issuance
and HUD insured financing documents ("HUD Financing") Pertaining to the financing
and construction of the Buffalo Ridge Apartments.
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 The Village (at Avon) Filing 2 ("Final Plat") shall be promptly filed for
record with the Office of the Eagle County Clerk and Recorder.
2. Completion of Work.
(a) Performance. Subdivider 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 as set forth in Exhibit A. Subdivider further
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agrees that it will be responsible for all costs of Improvements. 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 twenty-four (24) months 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) Designation 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 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.
(3), Cost of Inspections. The cost of such inspections, whether
by town employees or an.independent third-party inspector, shall be paid by.Subdivider
and, 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, it shall give
written notice of such non-compliance to Subdivider ("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 Subdivider'within
two (2) working days of the date of the inspection.
3. Security for Completion of Improvements.
(a) Securi . To secure completion of the Improvements, Subdivider
hereby agrees to secure its 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 warranty period only); and land of acceptable value by deed of trust.
(b) Substitution of Security. Subdivider may substitute another form
of collateral acceptable to the Town in place of the forms of security set forth above in
order to guaranty the faithful completion of the Improvements and the performance of the
terms of this Agreement.
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4. Subdivider Improvements.
(a) Security for Completion of Subdividees Improvements.
Subdivider shall deliver to the Town irrevocable letter(s) of credit issued by a reputable
financial institution or other collateral acceptable to the Town and consistent with Section
16.24.100 of the Code in an amount equal to one hundred percent (1001%) of the
estimated cost of completion of Subdivider's Improvements set forth on Exhibit B. The
Town. hereby acknowledges that the Final Plat for the Subdivision may be recorded prior
to the closing of the HUD Financing; but Subdivider acknowledges and agrees that if the
HUD Financing has not closed and the letter(s) of credit or other collateral. acceptable to
the Town has not been delivered to the Town within 15 days after recordation of the Final
Plat for the Subdivision, either Traer Creek LLC ("Traer Creek"), a Colorado limited
liability company, the current owner of 'the real property covered by the Final Plat of the
Subdivision or the Town shall have the unilateral right to vacate the Final Plat for the
Subdivision.
(b) Progress Payments on Subdivider's Improvements. Subdivider
agrees that a separate schedule of values for the Improvements shall be included in the
construction contracts for the Buffalo Ridge. Apartments.- 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 B and
upon written request to the Town including an itemized statement and certification of the
Subdivider of completion and. acceptance of itemized improvements by Subdividees
engineer, and (ii) the written approval of the Town or its designee; provided, however, if
the Town fails to respond to a disbursement request within seven days such request
will be deemed approved. The itemized statement and certification by the Subdivider
shall certify that all work for which progress payments have been requested has been
completed in accordance with the approved -plans and specifications. 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 percent
(100%) of the estimated costs of completion of all remaining Subdivider's Improvements.
- ---Such_ppRgress 1~aYments shall be disbursed to the contractor in accordance with the
construction contract executed for the construction of the Improvements 'and--approv in
connection with the HUD Financing; provided, however, retainage of ten percent (100/0)
shall be withheld with respect to all disbursements until the Improvements have been
completed. Upon completion of all work related to Subdividees,improvements and the
Town's acceptance of the completion of Subdivider's Improvements, the entire amount of
remaining collateral, less the amounts or other security described in paragraph 5, shall be
released.
(c) Default by Subdivider. In the event of a default in whole or in part
by Subdivider, the Town shall be authorized to take all such actions necessary or
desirable to enforce its rights hereunder for the purpose of undertaking completion or
remediation work on the Improvements after providing thirty (30) days' advance written
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notice of default and providing an opportunity during such period for Subdivider to cure
the default.
5. 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 to
correct the defect in material or workmanship. The amounts for completion of all
warranty work on Subdividees Improvements shall be secured by a dual obligee bond
("Bond") in form approved by the Town, from the subcontractor constructing ,the
Improvements, naming Subdivider and Subdividees prime contractor as obligees, in the
amount of one hundred percent (100%) of the cost of such corrective work, to be held by
the Town during such one (1) year warranty 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 The
Bond shall be maintained for the entire warranty period.
~6. Condition of Public Dedicated Roadways. The Subdivider 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 Subdivider for purposes of this Agreement; and the
Subdivider may close all or a portion of any street or road, within the Subdivision
whenever it is necessary to 'protect the traveling public during the construction or
installation of the Improvements herein agreed to be made.
7. Engineering Certification. Upon completion of portions of the
Improvements, Subdivider will- cause its engineers (who- shall be registered in the State of
Colorado) to certify in writing that the installation of the. Improvements, or portions
thereof as may be completed from time to time, have been completed in conformance
with all standards, 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.
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, Subdivider 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. fill 796832
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9. No Obligation of Town to Complete Improvements. Subdivider agrees
that in the event it shall fail to perform its obligations as set. forth-herein, the Town shall
be under no obligation to complete or perform any of the said Improvements. No one,
individually or, otherwise, other than the Subdivider-, 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 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 to complete the Improvements herein specified.
10. 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 properly injured by reason
of the nature of said work. To the extent permitted by law, Subdivider hereby agrees to
indemnify and hold harmless. the Town, and any of its officers, agents and employees
against any losses, claims, damages or liabilities to which 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; as hereinbefore stated, but
not with regard to any losses, claims; damages or liabilities to which the Town or any of
its officers, agents or employees may be. subject and resulting from the Town's gross
negligence or willful misconduct Furthermore, Subdivider shall reimburse the Town for
any and all legal or other expenses reasonably incurred by the Town in connection with
investigating or defending any such loss or claim, unless it is determined that such claim
resulted from the gross negligence or willful misconduct of the Town.
11. Rights of Town in Event of Default In the event that Subdivider defaults
in whole or in,patt in the performance of this Agreement, and after the expiration of thirty
(30) days after having given written notice to Subdivider of such default during which
period of time the Subdivider 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. 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, shall be paid by Subdivider. Any such
costs relating to the Subdivider Improvements, which have not been reimbursed by
Subdivider, 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 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.
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12. Letter Certifying Completion 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 under this Agreement have been
satisfied.
13. Amendments. This Agreement may be amended from time to time,
provided that such amendment is in writing and signed by all parties hereto.
14. 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.
15. Acquisition of Property and Non-Liability of Traer Creek. Subdivider
hereby discloses and the Town hereby, acknowledges that Subdivider does not currently
own any portion of the real property, shown on the Final Plat for the Subdivision.
Subdivider has contracts to acquire portions of the real property covered by the Final Plat
contemporaneously with the closing of the HUD Financing from Truer Creek. The Town
agrees that -Traer Creek shall have no liability or obligation under this Agreement and
shall look solely to Subdivider for performance hereunder upon its acquisition of title to
any portion of the real property covered by the Final Plat.
executed this Agreement as of the date first above written.
TOWN OF AVON, a Colorado
municipal corporation
ATTEST:
By:
M o
BUFFALO RIDGE AFFORDABLE
HOUSING CORPORATION,
a Colorado nonprofit corporation
By
ame. ~F as«.-
fid
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Sara J fisher Eagle. CC 99 ) R 80.00
APP 0V AS TO FORM:
To Attorney
Title: V1+4-6 ~C^~S►'°r~~~
BUFFALO RIDGE II LLLP,. a Colorado limited
liability limited partnership
BY: CORUM BUFFALO RIDGE LLC, a
Colorado limited liability company, General
Partner
BtjJam III, Managing
BY: WINTERGREEN HOMES - BUFFALO
RIDGE LLC, a Colorado limited liability
company,
General Partner
y:
jeffery .Span 1, Manager
The undersigned hereby consents to the execution and recording of the Final Plat
for the Subdivision and this Agreement.
TRAER CREEK LLC, a Colorado
limited liability company
By:
N e• w woo
Title: Iy1M A1.. mac,
796832
I 1i I~+ Ali i Page' of 16
It.i I I 0F 128/2M 1 52P
Sara J Fishe• Eagie. CC 89 R 30.00 0 0 0@
514415.8
7
IL4
STATE OF COLORADO )
)ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this 2 day of
11/'- 200L a, by Itdt,
v 11
as WL(af-,, of dLejrqjvn of Avon, a Colorado municipal
corporation.
Witness my hand and official seal.
My commission expires: My cor.-imiSsian 1::N' °s
Not
Ail
-i °
e
r.'
Lbl c
STATE OF COLORADO )
)ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this o?d'~' day of
r~ 200a_ , by S6trA iMo~~„~..¢ Q ,
as r- . o Buffalo Ridge Affordable
Corporation, a Colorado nonprofit corporation. ~•~A•YUN
Q • ~.9
;Witness my hand and official seal. :•p O T A F j),
My commission expires:
tom- a~-p
• !59 PUBLIC;
Notary Public
796832
ff fl I Cage : S of :6
I ~ ~ i ~ ~ , ~Ii f ~ , ~I ~ I ss~zs: z~►~z ~ sza
Sara .Fisrar Eaa!a. Co 99 R 80,00 D 0.00
8
514415.8
V
I5
Y
STATE OF COLORADO )
)ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this t2~ day of
2001, by James G. Fitzpatrick, III, as Managing Member of
Corum Buffalo Ridge LLC, a Colorado limited liability company, General Partner of
Buffalo Ridge H LLLP, a Colorado limited liability limited partnership.
Witness my hand and official seal.
My commission expires: 1 101 - Q 4-
Public
e: •;9
NOTARY
:P(JI8LIG
STATE OF COLORADO )
)ss.
COUNTY OF~ )
The foregoing instrument was acknowledged before me this s.~day of
r• 200 by Jeffery M: Spank, as Manager of Wintergreen Homes-
B alo Ridge LLC, a Colorado limited liability company, General .Partner of Buffalo
Ridge II LLLP, a Colorado limited liability limited partnership.
Witness my hand and official seal.
My commission expires:
111~1 i lI! 79ro8326
page: 9 of ~ ~11
69 R y~.00
! a CO
Sara J Fisher _ag.
9
514415.8
i1
STATE OF COLORADO )
)ss.
COUNTY OF EWAM )
The foregoing instrument was acknowledged before me this 2ST% day of
MUM , 2002 , by ('4%U %j% UmcWOt,M
as WM gl%UER. of Traer Creek LLC, a Colorado limited
liability company.
Witness my hand and official seal.
My commission expires:
i I ! I I i(~ I t Page' ;0 of '16
II t II ~ 1 j -5~2P12TFi2 <1 ~~Z~
Sara J Pis-er Eagle CO 89 R 80.00 0 t:.OG!
to
514415.8
I-t
EXHIBIT' A
Description of Improvements
796832,
II ! ~I(; i +i tflf ► IIf I{I1 , I+1;~ i~ ItI i~II1 + ~ ~ ~•;gf . ,1 0 ~ : 5
1 1 . 25 Zb 2@3c , . 52.
Sara a E1 "@r 8aa:a. CO 8~ R 89.@0 0 0.2'0
11
514415.8
Exhibit A
Village (at Avon) Filing 2
Subdivision Improvements Agreement
The public Improvements for the Village (at Avon) Filing 2 shall include the
following described work:
1. General, including contractor mobilization.
2. Demolition, including the removal of the gate at the westerly property
line.
3. Earthwork, which is limited to clearing, excavation and the placement
of compacted earth fill within the right of way for Swift Gulch Road.
4. Road Construction, including the preparation of the subgrade,
placement of road base, placement of asphalt paving, installation of
guardrail, installation of concrete sidewalks, roadway striping and
signage and two bus stops for Swift Gulch Road. The preparation, of
the subgrade, placement of road base and placement of asphalt
paving for the bike path.
5. Drainage and Debris Flow Mitigation, including the construction of
debris retention ponds, storm water detention ponds, storm sewers,
and outlet structures. This work also includes the enclosure of the
Nottingham - Puder Ditch into a pipeline.
6. Revegetation & Erosion Control, including erosion control during
construction, and reseeding all portions of the Swift Gulch Road right
of way disturbed by this construction.
7. Utilities, including the construction of sanitary sewer and domestic
water mainlines.
8. Retaining Walls includes the construction of boulder and/or MSE
retaining walls within the Swift Gulch Road right of way.
9. Booster Pump Station includes the construction of a temporary,
above ground pump station to provide adequate domestic water
pressure and required fire flows. - In the eventthat Traer Creek
Metropolitan District completes a "loop line" across Interstate Highway
70 connecting the easterly end of the Village (at Avon) Filing 2 water
main to the water mains on the south side of the highway in advance of
the completion of the first apartment building, this station will not be
required or constructed.
10. Construction Management includes the general contractors fee,
liability insurance and performance bond.
These improvements are more fully delineated on the construction plans on file
at the Town Office entitled FINAL PLAN, THE VILLAGE (AT AVON) FILING 2,
BUFFALO RIDGE IMPROVEMENTS, dated
1 !i' j l 1 tfl+i 796832
1: 1 -"ape: 12 of
I I~ , ~il I r f II I ~I I 1 05 -'7.8/2007 O'~
r,20
Sara J Fi"r Eagle CO 99 R 80 02 D 0.00
i q
1.
514415.10
EXHIBIT B
Cost of Improvements
!i . iI i ► i f,1 t 796 832
Sara,i Filsher'Eial9!e CO Ii~
09 R 80.00 0 0.06
12
Villasae tat_Avan) Filing 2
SubdjWston Improvements Agreement - Exhffi t B
Wintersmen Homes
6:40 PM 5242002
SIA budget
Page 1 of 3
1 General
1.1 Mobilization
1 LS
52,611.00
$52,611
subtotal
a
2 Demolition
1 Fence & barricade removal
2
1 LS
500.00
$500
N
r
.
o
i9
subtotal
0 14
'
~ 0
~
40
3 Earthwork
11150 CY
2.64
$29,436
N
a a
3.1 Clear & Grub
2 Topsoil - replace
3
2000 CY
5.08
$10,160
.
3 Excavation
3
58548 CY
2.81
$164,518
-
.
3.4 Embankment
72254 CY
1.90
$137,282
oc
subtotal
4 Road Construction
4.1 Subgrade prep.
13430 SY
0.59
$7,924
4.2 Bike path subgrade prep.
4205 SY
0.73
$3,070
3 Class 6 road base
4
V
.
a 10"
8047 Tons
13.71
$110,324
p
d Bike path
1245 Tons
18.06
$22,485
4 Asphaltic concrete
4
,L
.
a 4"
3428 Tons
39.70
$136,092
M L.
c 3" bike path
520 Tons
39.97
$20,784
5 Guardrail
4
2171 LF
19.20
$41,683
.
6 Guardrail anchorage
4
8 EA
720.00
$5,760
.
7 Traiihead parking & improvements
4
1 LS
3,155.00
$3,155
.
4.8 Striping
1 LS
2,400.00
$2,400
4.9 Signs
11 EA
123.96
$1,364
11 Sidewalk (incl prep)
4
10026 SF
8.77
$87,928
.
4.12 Bus stop concrete paving
5452 SF
10.64
$58,009
subtotal
5 Drainage & Debris Mitigation
5.1 Pond excavation
32942 CY
3.50
$115,297
2 Pond embankment
5
5504 CY
3.97
$21,851
.
3 18" HDPE
5
1233 LF
32.84
$40,492
.
4 18" RCP
5
94 LF
30.24
$2,843
.
5 30" HDPE
5
689 LF
49.19
$33,892
.
6 48" HDPE
5
379 LF
93.38
$35,391
.
7 60" HDPE
5
304 LF
15328
$46,597
.
5.8 18" HDPE end section
31 EA
298.31
$9,248
$52,611
$500
$341,396
$500,977
21
r
Village (at Avon) Filing 2
Subdhrlston Improvements Agreement - Exhibit B
5.9 30" HOPE end section
5.1 48" HDPE end section
5.11 Storm-manholes
5.12 Inlets
5.13 Mprap
5.14 Concrete headwalls
5.15. Nottingham - Puder ditch
a 36" HDPE
b V manholes
c Slide gate
d R/R existing 36"end sections
a
e Tie to existing 24" RCP
E..
s m
5.21 Detention pond outlet structure
~ A p
1 EA
2 EA
5 EA
6 EA
4688 Tons
2 EA
82.24
1328.85
3202.64
2906.38
30.00
4800.00
- - 843 LF
5 EA
1 EA
2 EA
1 EA
6 EA
,n m
N o subtotal
LID
M
N Q m m a Revegetedon & Erosion Control
6.1 Erosion control
CO
6.6 Seed & mulch
subtotal
,moo W .
7 tldliBes
7.1. Water Main
8
a 12" DIP
b 12" bends
®W
c Fire hydrant assembly
®
d 4" water service line
LL
e Air vac/prv manhole
®
7.2 Sanitary Sewer Main
®
a 8" PVC
b Manholes
c Sanitary service lines
subtotal
56.72
3181.98
1128.00
268.44
874.28
4431.60
1 LS 10,596.30
5 Acre 3,660.00
4096 LF
11 EA
5 EA
15 EA
1 EA
5200 LF
-18-EA-
15 EA
37.71
405.62
3,992.64
2,81229
2,635.36
21.87
2,209.65
1,699.85
8 Retaining .1#8118
8.1 MSE walls
6289 SF
19.20
$120,749
8.2 Wall Excavation
4100 CY
5.45
$22,345
8.3 Wall backfill
2500 CY
11.04
$27,600.
8.4 Boulder retaining wail
6289 SF
5
$31,445
subtotal
9 Booster Pump Station
9.1 Package (above ground from EFI) 1 EA 100,000.00 $100,000
9.2 Site electrical & concrete 1 EA 25,000.00 $25,000
Wintergreem Homes
6:40 PM 512412002
SIA budget
Page 2_ of 3
$2,658
$16,613
$17,438
$140,640
$9,600
- - $47,815
$15,910
$1,128
$537
$874
$26,590
$10,596
$18,300
$154,460
$4,462
$19,963
$42,184
$2,635
$0
$113,724
$39,774
$25,498
$584,895
$28,896
$402,700
$202,139
ZZ-
village (at Avon) Filing 2
Subdivision Improvements Agreement - Exhibit B '
IX Y.
' •Y %J
9\r:' • i 'IX7.+}W.i{ria, y M.•r4+` :.1. : ..{•:`•S:
xi lr
.,r~, {.T.r;:::<•r}fT•,i •.,vf,}:•.~r.••.^•.':.•:i" iT.s~:~p5,,.;.
,
. has ~ 3Q : Y. r. ..,y
rte ,r
} n S•}+ r ,r:'4 •(}:f:+.+vl ii S}'{+<%•Yii S:: '•i
: YT~iYr' ri.'K%;:,'i:r}~C >~~i'%Yf?;t.~f.}:i i*~~}..•:~•'.Yi'.:.~•:'f.{Y~ ,};,`.PS:255i:Ei~S:
h':•
'Y.}i 'ir}T:C: i%iJ:'v:: ~•A:h,:• >.::T i{i:{'+,•}:.. . : 4v h{.:f:: i
I
subtotal
10 Consbruedon Management
10.1 Insurance, bond & fee 1 EA
subtotal'
1111-1. +}T: .4 ~ ~Si~•+S''~2Sri:~SS?. {yam v •.v v.Jf :'C}: :y'r,}}.. ;r:
v. : }•:;:;fi.+,Y;p., ; • fr:•r.c:,.~:+~'•f%;+,,f K%:i,.:. • . rr ft' r:::. `.:::f
796832
Page: Is of Is
IIIll !bl! 0512812002 01 5
{ I~ I!
Sara J Fisher Eagle, CO BS R 80.00 D @.00
Wintergreen Homes
6:40 PM 5/242002
SIA budget
Page 3 of 3
i. 3• .f
Y ..ir
:•ki,v v
d$~
•z
N1f:
+.'.Y}:JTF.!..v.....::4:•;}}::T%•}.v,•};i.Vf•T::Ti .i.H.•:2}%•: _t~~
$125,000
9.00% $201,520
$201,520
2
ale-/.S /1- 3
TOWN OF AVON, COLORADO
RESOLUTION NO. 04-29
Series of 2004
A RESOLUTION APPROVING AND ACCEPTING THE PUBLIC IMPROVEMENTS
INSTALLED AND CONSTRUCTED IN ACCORDANCE WITH SUBDIVISION
IMPROVEMENTS AGREEMENT FOR THE VILLAGE (AT AVON) FILING 2 AND
ESTABLISHING WARRANTY PERIOD FOR SAID IMPROVEMENTS
WHEREAS, the Town of Avon entered into a SUBDIVISION IMPROVEMENTS
AGREEMENT, dated April 23, 2002, with Buffalo Ridge Affordable Housing Corporation and
Buffalo Ridge II LLLP in connection with the approval of the Final Plat for The Village (at Avon)
Filing 2, Town of Avon, Eagle Couniy, Colorado; and
WHEREAS, said Agreement established certain public improvements to be constructed in
conjunction with said subdivision; and
WHEREAS, said Agreement established requirements for the provision of security deposits to
assure completion of the improvements in accordance with the Agreement and the subsequent
release of the security deposits upon completion and the stipulated warranty period; and
WHEREAS, said public improvements were substantially complete as of July 27, 2004; and
WHEREAS, all required documentation for approval and acceptance of the improvements has
been submitted.
NOW, THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
AVON, that:
1. The, public improvements required to be constructed in conjunction with The Village
(at Avon) Filing 2 are "substantially complete as of July 27, 2004, in accordance with the
SUBDIVISION IMPROVEMENTS AGREEMENT and the stipulated one-year warranty
period for said improvements shall extend to July 27, 2005.
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.
Resolution No. 04-29 Public Improvements V@A
Page 1 of 2
2y
V
3. Effective July-27,-2004, the security deposit may be released and warranty work on
Subdivider's Improvements will be secured by a dual obligee bond in accordance with the .
Subdivision Improvements Agreement.
ADOPTED THIS DAY OF 2004.
TOWN COUNCIL
TOWN OF AVON, COLORADO
OF Q Albert D. Reynolds, May
ATTES'1
IA,
- -
Pa envy,
Town Clerk
Resolution No. 0429 Public Improvements V(aJA
Page 2 of 2
- Z5
TOWN OF AVON
RESOLUTION NO. 05-38
Series of 2005
A RESOLUTION APPROVING AND ACCEPTING PUBLIC IMPROVEMENTS HAVING
SUCCESSFULLY COMPLETED THE ONE YEAR WARRANTY PERIOD FOR SAID
IMPROVEMENTS INSTALLED AND CONSTRUCTED IN ACCORDANCE WITH
SUBDIVISION IMPROVEMENTS AGREEMENT FOR THE VILLAGE (AT AVON)
FILING 2
WHEREAS, the Town of Avon entered into a SUBDIVISION IMPROVEMENTS
AGREEMENT, dated April 23, 2002, with Buffalo Ridge Affordable Housing Corporation and
Buffalo Ridge, II LLLP in connection with the approval of the Final Plat for The Village (at Avon)
Filing 2, Town of Avon, Eagle County, Colorado; and
WHEREAS, said Agreement established certain public improvements to be constructed in
conjunction with said subdivision; and
WHEREAS, Town of Avon Resolution No. 04-29, Series of 2004, approved and accepted said
public improvements as of July 27, 2004, pending completion of one year warranty period extended
to July 27, 2005; and
WHEREAS, the warranty work on the Subdivider's Improvements are secured by a dual obligee
bond in accordance with the Subdivision Improvements Agreement; and
WHEREAS, an on-site warranty inspection was performed with the Project Engineer and
Contractor's representative on July 22, 2005; and
WHEREAS, all public improvements required by the Subdivision Improvements Agreement were
found to be in satisfactory condition at the end of the stipulated one year warranty period with the
exception of the required establishment of vegetation in the lower reach of the channel in Basin 10
and the upper reach of the channel in Basin 9.
[:\Engineering\Avon Village\3.0 Filing ZCompletion\Warranty Res.Doc
2J~a
NOW, THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF.
AVON, that:
1. The public improvements required to be constructed in conjunction with the
SUBDIVISION IMPROVEMENTS AGREEMENT for The Village (at Avon) Filing 2 have
satisfactorily completed the established one year warranty period ending July 27, 2005 and
are hereby approved and accepted, with the exception of the establishment of the required
vegetation in the lower reach of the channel in Basin 10 and the upper reach of the channel
in Basin 9.
2. The warranty period for the lower reach of the channel in Basin 10 and the; upper
reach of the channel in Basin 9 is hereby extended one year for a period ending July 27,
2006, for the establishment of the required vegetation.
3. The dual obligee bond shall remain in full force and effect through the extended
warranty period
ADOPTED THIS I DAY OF fx~g , 2005.
TOWN COUNCIL
TOWN OF AVON, COLORADO
I _ Z -z V:.. Ronald C. Wolfe, Mayor
ATTEST:
P4ty cKe" ,
To Jerk
1:\Engineering\Avon Village\3.0 Filing ZCompletionMarmanty Rcs.Doc
1
11'
eAmlolf-
•
Inter-Mou--- Main
Ft>tl~l►eelL~~iil »a.
September 7, 2006
Norman Wood
Town of Avon
P.O. Box 975--- - - - - -
Avon, CO 81620'
Re: Buffalo Ridge SIA Final Acceptance and Warranty Release
Dear Norman:
As you know, we revisited the site July 13, 2006 to check those portions of the lower reach of
the channel in Basin 10 and the upper reach of the channel in Basin 9, where minimal or no
vegetation was observed on 8-18-05, to determine whether additional re-vegetation occurred'
following corrective actions taken by CFCC last year. Per the Stormwater Management Plan,for
this project, final stabilization of vegetated areas is achieved when vegetation reaches 70%0 of 50
to 75% vegetative cover (or 35 to 53% vegetative cover).
- Closeup phorograph show
between buildings b and 7
As you can see from the photographs above, significant re-vegetation was observed in the lower
teach of the channel in basin 10. In this area, vegetative cover exceeds 35% and final
stabilization has been achieved. However, stability of the fabric lining in the channel requires 50
to 75% vegetative cover, so the temporary erosion and sediment controls (straw logs and hay
bales) should be left in place to slow runoff velocities until this coverage is achieved.
There is also substantial new growth in the bottom of the upper reach of the ,debris flow
mitigation pond spillway/emergency overflow channel in Basin 9 (designed by High Country
Engineering, HCE) and some new sprouts were observed on the side slopes, as shown in the
photographs below. Leslie Hope (HCE) reviewed the photographs and, in her opinion, it appears
that re-vegetation sufficient for warranty release has occurred. She expects the native vegetation
in this area will continue to spread. And, although she is comfortable with the degree of re-
6551 S. Revere Parkway., Suite #165 a Centennial, Colorado 80111 • Phone: 303 948 6220 • Fax: 303/948 6526
40801 U.S. Hwy. 6, Suite 203 • P.O. Box 978 • Avon, Colorado 81620 • Phone: 970 949 5072 • Toll Free: 800 856 2258
916 Palmer St.* Salida, Colorado 81201 • Phone: 719 539 1183 Fax: 719 539 1183
2~
vegetation she saw between 2005 and 2006, she would expect more -vegetation to occur if the
channel is re-seeded one more time (in the winter before snowfall or early next spring).
D,
n side
slopes. 7-13-06
Thus, based on` observations made during this and previous site visits conducted in July and
August of 2005 and High Country Engineering's opinion regarding the overflow spillway for
debris flow mitigation pond 9, to my knowledge, information and. belief these improvements are
substantially free of visible defects. Inter-Mountain Engineering is recommending full, warranty
release for the completed work at this time.
This document is not a guaranty or warranty, either expressed or implied. It was prepared for the
exclusive use of the Town of Avon. Should you have any questions regarding the information
contained in this letter, please contact the undersigned at your convenience.
4353 n : x
Sandra onca, P.E.
cc: Bill "Thunder" Thornton, CFCC
E. J. Olbright, CFCC
James Fitzpatrick, Corum
F.,,.&&.m~W CONST•REQG ESTS1A 6=-O `m Lv Final Aco*Lu ce 8-3146 doe
2°1