06-09-2004 TRAER CREEK-RP LLC EASEMENTS WITH COVENANTS AND RESTRICTIONS AFFECTING LAND (''ECR'')RECORDING REQUESTED BY AND
WHEN RECORDED PLEASE RETURN TO:
Michael J. Repucci, Esq.
Johnson & Repucci LLP
2521 Broadway, Suite A
Boulder, Colorado 80304
EASEMENTS WITH COVENANTS AND RESTRICTIONS
AFFECTING LAND "ECR"
THIS ECR is made and entered into effective as of the Yth day of Tune 2004,
by TRAER CREEK-RP LLC, a Colorado limited liability company ("Declarant"), which has
an address of P.O. Box 640, Vail, Colorado 81658.
WITNESSETH:
WHEREAS, Declarant is the Fee Owner (as that term is hereinafter defined) of all of
that certain real property located in the Town of Avon, County of Eagle, State of Colorado
legally described as Tract A ("Tract A"), Tract B ("Tract BT), Tract D ("Tract D"), Tract E
("Tract E"), Tract F ("Tract F"), Tract G ("Tract G"), and Tract H ("Tract H"), The Village (at
Avon) Filing 3, according to the plat thereof recorded
No.
2004 at Reception
of the Eagle County, Colorado real property records (the "Final Plat").
There is no Tract C on the Final Plat; and
WHEREAS, Declarant may or will convey to Traer Creek Metropolitan District, a quasi-
municipal corporation and political subdivision of the State of Colorado (the 'District"), or to
one or more -other governmental or quasi-governmental entities, in one or more separate
conveyances, fee title to Tracts A, B, D, E, F and G for the purpose of.developing the same, as
applicable, with roadways, community facilities, and community parks and related access,
drainage, utility, landscape, maintenance, and recreation path easement areas, systems, facilities
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and improvements, all in accordance with the terms of that certain "Annexation and
Development Agreement", dated October 13, 1998, and recorded November 25, 1998 at
Reception No. 677743 of the Eagle County, Colorado real property records, as amended (the
"Annexation Agreement"), "The Village (at Avon) PUD Guide", including all tables, plans,
exhibits and maps attached to or incorporated into such guide, recorded November 25, 1998 at
Reception No. 677744 of the aforesaid real property records, as the same may be supplemented,
amended and/or restated from time to time (the "P="), and one or more subdivision
improvements agreements (each, an "SIX), by and among Declarant, the District, and the Town
of Avon, a Colorado municipal corporation ("Avon"); and
WHEREAS, Tract H is reserved by Declarant for future development of the same in
accordance with the terms of the Annexation Agreement, the PUD Guide, the PUD Development
Plan, as amended, and this ECR; and
WHEREAS, Tracts A, B, D, E, F, G and H . are sometimes hereinafter collectively
referred to as the "Pro e There is no Tract C included in the Property; and
WHEREAS, Declarant desires to subject the Property to certain uniform covenants,
conditions, restrictions, limitations, reservations, easements, rights of way, liens, charges and
other protective and beneficial provisions set forth herein in order to implement a uniform,
general and common plan designed to preserve, protect and enhance the value, desirability and
attractiveness of the Property for the benefit of all subsequent "Owners" (as that term is
hereinafter defined) of interests in the Property.
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DECLARATION
NOW, THEREFORE, Declarant declares as follows:
1. Definitions. In addition to the other defined terms contained in this ECR, the
following terms used in this ECR shall have the meanings set forth below:
a. "Building Areas" shall mean those portions of Tract H shown on the Final
Plat which are not located within either a building setback area or a designated easement parcel.
b. "Conveyance of Roadwa Tract" shall mean that certain "Conveyance of
Roadway Tract" by and between Declarant and the District recorded contemporaneously with
recordation of this ECR in the Eagle County, Colorado real property records, pursuant to which
Declarant will convey to the District fee title to Tract D, and a non-exclusive easement interest in
and to the "Tracts A, E and G Utility, Drainage, Roadway Maintenance and Recreation Path
Easements" (as that term is hereinafter defined). At such time as Declarant may determine to
convey fee title to, or other easement interests on, over, across, upon and through, Tracts A, B, E,
F, and/or G to the District or to one or more other governmental or quasi-governmental entities,
Declarant will complete such conveyance or conveyances by one or more separate conveyance
instruments.
C. "Fee Owner" shall mean any person or entity that owns fee simple title to
any portion of the Property.
d. "Leasehold Owner" shall mean any person or entity that holds a leasehold
interest in and to any portion of the Property.
e. "Lot" or "Lots" shall mean any portion of Tract H which is later
subdivided into a Lot or Lots, as the context may require, in accordance with the terms of the
Annexation Agreement and the PUD Guide.
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f "Owner" shall mean, unless the context clearly means otherwise, each Fee
Owner and Leasehold Owner.
g. "Tract" or "Tracts" shall mean Tracts A, B, D, E, F, G and H as the
context may require. There is no Tract C.
2. Use. Tracts A and G shall be used solely for community park and natural open
space purposes, together with utility, drainage, roadway maintenance, and recreation path
easement purposes in those areas of each of Tracts A and G as are indicated on the Final Plat for
the location of such easements, all in accordance with the Annexation Agreement and the PUD
Guide, and as further limited by the terms specified in the Conveyance of Roadway Tract. Tracts
B, E and F shall be used solely for community park purposes, together with access, utility,
drainage, roadway maintenance, landscape and recreation path easement purposes in those areas
of each of Tracts B, E and F as are indicated on the Final Plat for the location of such easements,
as applicable, all in accordance with the Annexation Agreement and the PUD Guide, and as
further limited by the terms specified in the Conveyance of Roadway Tract. Tract D shall be
used solely for roadway purposes, as further limited by the terms specified in the Conveyance of
Roadway Tract. Tract H is reserved by Declarant for future development in accordance with the
terms of this ECR and the development rights associated with each respective Planning Area
located, within the boundaries of Tract H as more particularly described and defined in the
Annexation Agreement, the PUD Guide, and the PUD Development Plan, as amended. Without
limiting the generality of the foregoing, Tract H shall be used for residential single-family
housing, residential multi-family housing, commercial and retail uses, natural open space, a
school site, and other permitted uses and purposes, including, without limitation, access, utility,
drainage collection, transmission and detention, and recreational trail systems, facilities and
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improvements therein and thereon, all in accordance with the terms of the Annexation
Agreement, the PUD Guide, the PUD Development Plan, as amended, and this ECR.
3. Grant of Easements.
a. The following easements benefit all Fee Owners of Tracts A, B, D, E, F
and G, and Declarant so long as it owns any portion of Tract H, and their respective agents,
licensees and designees:
(1) Tracts A E and G Utilily, Drainage,- Roadway Maintenance and
Recreation Path. Easements.
(i) Declarant hereby establishes and reserves two (2)
nonexclusive easements of varying width in the locations indicated on the Final Plat over, upon,
across and through Tracts A, E and G for utility, drainage, roadway maintenance, and recreation
path easement purposes, including a right of ingress, egress and access to such easements, for the
purposes of installing, constructing, operating, repairing, replacing and maintaining utility,
drainage and recreation path systems, facilities and improvements, and for the purposes of
installing, constructing, operating, repairing, replacing and maintaining the roadway systems,
facilities and improvements located within Tract D, and for the purposes of conveying on- and
off-Property drainage water, including surface water, groundwater and storm water, across and
through the Property to on- and off-Property drainage detention and transmission systems,
facilities and improvements (the "Tracts A, E and G Utility Drainage Roadway Maintenance
and Recreation Path Easements"). Notwithstanding any subsequent conveyance of fee title to
Tract A, Tract E and/or Tract G to any person or entity, the owner(s) of the Tracts A, E and G
Utility, Drainage, Roadway Maintenance and Recreation Path Easements reserve the sole and
exclusive right to grant to others (or consent in writing to any grants made by the Fee Owner of
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Tract A, Tract E and/or Tract G) the right to use any of the systems, facilities and improvements
now or hereafter constructed over, upon, across and through Tract A, Tract E and/or Tract G.
The improved surfaces of the Tracts A, E and G Utility, Drainage, Roadway Maintenance and
Recreation Path Easements hereby established and granted shall only be used for the purposes
for which they were constructed. Without limiting the generality of the foregoing and except as
may be required for the maintenance, repair or replacement of subsurface infrastructure
improvements, the improved surfaces of the easements may only be used for pedestrian and
recreational ingress, egress and access purposes.
(ii) At such time as Declarant conveys to the District fee title to
Tracts A, E and G, Declarant will convey the same pursuant to one or more conveyance
instruments that will specify that the conveyance of such Tracts is subject to Declarant's reserved
Tracts A, E and G Utility, Drainage, Roadway Maintenance and Recreation Path Easements.
Pursuant to the terms of the SIA, the District shall be solely responsible and obligated, at its sole
cost and expense, to complete, among other infrastructure improvements, all utility, drainage,
recreation path, community park and other infrastructure improvements to be located within
Tracts A, E and G and the Tracts A, E and G Utility, Drainage, Roadway Maintenance and
Recreation Path Easements in accordance with the terms and conditions of the SIA. Following
preliminary acceptance of the infrastructure improvements located within Tracts A, E and G and
the Tracts A, E and G Utility, Drainage, Roadway Maintenance and Recreation Path Easements
by Avon, the District shall thereafter be responsible for the maintenance, repair and replacement
of all surface and subsurface improvements located within Tracts A, E and G. In no event shall
Declarant's conveyance to the District of fee title to Tracts A, E and G result in or be deemed to
cause an extinguishment of any of the easements created by this ECR, including, without
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16681/Traer Version 10 Clean June 10, 2004
limitation, the Tracts A, E and G Utility, Drainage, Roadway Maintenance and Recreation Path
Easements, or be deemed to cause a merger of any of the easements created by this ECR into fee
title to Tract A, Tract E or Tract G. Declarant reserves the sole and exclusive right to grant to the
District by separate instrument all or any portion of Declarant's reserved interest in the Tracts A,
E and G Utility, Drainage, Roadway Maintenance and Recreation Path Easements.
(2) Tract F Access Drainage, Utility and Landscape Easement.
(i) Declarant hereby establishes and reserves a nonexclusive
easement of varying width in the location indicated on the Final Plat over, upon, across and
through Tract F for access, drainage, utility and landscape easement purposes, including a right
of ingress, egress and access to such easement, for the purposes of installing, constructing,
operating, repairing, replacing and maintaining access, drainage, utility and landscape systems,
facilities and improvements, and for the purposes of conveying on- and off-Property drainage
water, including surface water, groundwater and storm water, across and through the Property to
on- and off-Property drainage detention and transmission systems, facilities and improvements
(the "Tract F Access Drainage Utility and Landscape Easement"). Notwithstanding any
subsequent conveyance of fee title to Tract F to any person or entity, the owner(s) of the Tract F
Access, Drainage, Utility and Landscape Easement reserve the sole and exclusive right to grant
to others (or consent in writing to any grants made by the Fee Owner of Tract F the right to use
any of the systems, facilities and improvements now or hereafter constructed over, upon, across
and through Tract F. The improved surfaces of the Tract F Access, Drainage, Utility and
Landscape Easement hereby established and granted shall only be used for the purposes for
which they were constructed. Without limiting the generality of the foregoing and except as may
be required for the maintenance, repair or replacement of subsurface infrastructure
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improvements, the improved surfaces of the easements may only be used for vehicular,
pedestrian and recreational ingress, egress and access purposes.
(ii) At such time as Declarant conveys to the District fee title to
Tract F, Declarant will convey the same pursuant to a conveyance instrument that will specify
that the conveyance of Tract F is subject to Declarant's reserved Tract F Access, Drainage,
Utility and Landscape Easement. Pursuant to the terms of the SIA, the District shall be solely
responsible and obligated, at its sole cost and expense, to complete, among other infrastructure
improvements, all access, drainage, utility, landscape, community park and other infrastructure
improvements to be located within Tract F and the Tract F Access, Drainage, Utility and
Landscape Easement in accordance with the terms and conditions of the SIA. Following
preliminary acceptance of the infrastructure improvements located within Tract F and Tract F
Access, Drainage, Utility and Landscape Easement by Avon, the District shall thereafter be
responsible for the maintenance, repair and replacement of all surface and subsurface
improvements located within Tract F, including, without limitation, snow removal, so that the
Tract F Access, Drainage, Utility and Landscape Easement provides continuous, open and
uninterrupted ingress, egress and access to, through and across Tract F for the Fee Owners of the
Property and their respective successors, assigns and designees, except for temporary periods
reasonably necessary for the maintenance, repair or replacement of the improvements located
within the Tract F Access, Drainage, Utility and Landscape Easement. In no event shall
Declarant's conveyance to the District of fee title to Tract F result in or be deemed to cause an
extinguishment of any of the easements created by this ECR, including, without limitation, the
Tract F Access, Drainage, Utility and Landscape Easement, or be deemed to cause a merger of
any of the easements created by this ECR into fee title to Tract F. Declarant reserves the sole
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and exclusive right to grant to the District by separate instrument all or any portion of
Declarant's reserved interest in the Tract F Access, Drainage, Utility and Landscape Easement.
(3) Blanket Easement for General P oses. Declarant hereby
establishes and reserves a nonexclusive blanket easement over all of the Tracts and Lots for
construction, installation, maintenance, repair and replacement of all roadway, pedestrian path,
retaining wall, utility and drainage improvements of any kind, type or sort constructed on any
adjacent Tract or Lot, including, without limitation, an easement for all lateral and subjacent
supports, systems, facilities, anchors, and pinnings, and all cuts and fills, associated with the
construction and installation of any such improvements.
b. Certain Easements Deemed Inclusive of Additional Easement Rights. All
access easements described in this ECR are also permitted to be used for utilities and drainage
purposes, all utility easements described in this ECR are also permitted to be used for drainage
purposes, and all drainage easements described in this ECR are also permitted to be used for
utility purposes.
C. No Dedication of Easements. No person or entity shall have any right to
use any of the easements described in this Section 3 without the prior written consent of
Declarant being first obtained in each instance. Nothing contained in this Agreement shall be
deemed to be a dedication of any portion of the easements described in this Section 3, or any
interest in the land parcels over, upon, across and through which such easements are hereby
established and granted to the general public, or to any other purpose or entity, or for the general
public or for any public or private purpose whatsoever; it being the intent of the parties that such
easements and land parcels shall continue to be private unless and until Declarant, at its sole
option and election, completes the dedication of such interests, if ever, to an eligible
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governmental or quasi-governmental entity or other third party in accordance with all applicable
laws, rules, regulations and ordinances.
4. Development, Maintenance and Taxes.
a. Development.
(1) Arrangement. No buildings or structures shall be erected on any
Lot except within the Building Areas shown on the Final Plat or any subsequent replat of the
Property, or any portion thereof, depicted on the Final Plat which replat is approved and recorded
in accordance with the Annexation Agreement and the PUD Guide. No Owner of any Lot may
alter the arrangement of the Building Areas without the prior written consent of the Design
Review Board in accordance with the Design Guidelines promulgated pursuant to The Village
(at Avon) PUD Guide, which consent may be withheld in its sole and absolute discretion.
(2) Timing of Development. The Owners, their successors,
successors-in-interest, and assigns, by acceptance of a deed or leasehold interest in any portion of
the Property, acknowledge that the development of the Property and each of the Lots is to occur
over time, and that there may be certain inconveniences until all construction activities on all of
the Property are completed (including, but not limited to, dust, noise, traffic disturbances,
temporary closure of roadways and parking facilities and unsightliness). In addition, each
Owner, their successors, successors-in-interest, and assigns, understand and acknowledge that
.the plans of Declarant or others for development of the Property and the plans of Declarant or
others for the development of other adjacent and nearby real property are all contingent upon
circumstances beyond the control of Declarant and such other third parties, including, but not
limited to, agreements with and approval from third parties (such as, by way of example,
regulatory approvals from governmental entities and design review approvals) and general
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economic conditions. Consequently, by acceptance of a deed or leasehold interest in any portion
of the Property, EACH OWNER, FOR ITSELF AND ITS SUCCESSORS AND ASSIGNS,
HEREBY WAIVES ALL CLAIMS AGAINST ONE ANOTHER FOR ANY COSTS, LOSSES
OR OCCURRENCES ARISING OUT OF OR ASSOCIATED WITH PHASED
CONSTRUCTION ACTIVITIES AND THE ASSOCIATED DISRUPTIONS AND
INCONVENIENCES RELATING TO THE DEVELOPMENT OF THE PROPERTY AND/OR
ADJOINING OR NEARBY PROPERTIES WHICH ARE REASONABLY NECESSARY FOR
THE DEVELOPMENT OF THE SAME AND ARE LIMITED TO A REASONABLE
DURATIONAL PERIOD, AS WELL AS ANY REASONABLE DELAYS OR CHANGES IN,
OR CESSATION OF, DEVELOPMENT OF SUCH PROJECTS AT ANY TIME.
b. Operation and Maintenance of Property and Improvements.
(1) Standards. Subject to the terms of Section 3 concerning the
maintenance of easements and the improvements located therein, following completion of
improvements on any portion of the Lots and Tracts, each Fee Owner shall be responsible for
operating and maintaining, and paying for the cost and expense of operating and maintaining, the
improvements located on their respective Lots or Tracts in good condition and repair. The
operation and maintenance is to include, without limitation, the following:
(a) Maintaining all hard surfaces located on the Lot or Tract
owned or controlled by such Fee Owner in a level, smooth and evenly-covered condition with
the type of surfacing material originally installed or such substitute as shall.in all respects be
equal in quality and use;
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(b) Removing all papers, ice and snow, mud and sand, debris,
filth and refuse and thoroughly sweeping the Lot or Tract owned or controlled by such Fee
Owner to the extent reasonably necessary to keep the area in a clean and orderly condition.
(c) Maintaining all perimeter and exterior building roofs and
walls, including, but not limited to, all retaining walls located on the Lot or Tract owned or
controlled by such Fee Owner, in a good condition and state of repair; and
(d) Maintaining, mowing, weeding, trimming and watering all
landscaped areas and making such replacement of shrubs, trees and other landscaping located on
the Lot or Tract owned or controlled by such Fee Owner with the type of landscaping materials
originally installed or such substitute as shall in all respects be equal in quality and appearance.
(2) Declarant's Right to Operate and Maintain. If any Fee Owner of
any portion of the Property fails to operate, maintain and/or replace the improvements located on
the Lot or Tract owned or controlled by such Fee Owner, or fails to operate, maintain and/or
replace the easements and improvements located therein which are the responsibility of that Fee
Owner pursuant to Section 3, all in accordance with the standards set forth in Section 4.b.1.,
Declarant may provide such Fee Owner with written notice of such non-performance (which
notice shall set forth in reasonable detail the alleged non-performance by such Fee Owner);
provided, however, no notice shall be required in the event of an emergency. If the defaulting
Fee Owner fails to correct such non-performance within ten (10) days after receipt of such
written notice, or if the defaulting Fee Owner fails to commence such corrective action during
such ten (10) day period and/or fails to diligently pursue such corrective action to completion
within thirty (30) days flowing such notice, Declarant, its successors, successors-in-interest, and
assigns shall have the right, but not the obligation, upon ten (10) days' additional written notice
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to such defaulting Fee Owner (but without notice in an emergency situation), to take over the
responsibility to operate, maintain, repair and/or replace the improvements located on the Lot or
Tract owned or controlled by such defaulting Fee Owner, or the easements and improvements
located therein which are the responsibility of the defaulting Fee Owner pursuant to Section 3, all
in accordance with the operating and maintenance standards set forth in Section 4.b.1. A
defaulting Fee Owner shall reimburse Declarant, its successors, successors-in-interest, and
assigns, within ten (10) days of written demand for the cost and expense of such operation,
maintenance, repair and/or replacement activities (along with the "Management Fee" as
hereinafter defined) pursuant to the terms and conditions of this Section 4.b.2. Declarant may
receive a fee for performance of such operation, maintenance, repair and/or replacement
activities (the "Management Fee") to cover supervision, management, accounting and similar
fees in an amount not in excess of ten percent (10%) of the actual costs of operating,
maintaining, repairing and/or replacing the improvement located on the portions of the Property
owned or controlled by the defaulting Fee Owner, or the easements and improvements located
therein which are the responsibility of that Fee Owner pursuant to Section 3, all in accordance
with the maintenance standards set forth in Section 4.b.1. Declarant, its successors, successors-
in-interest and assigns shall have a perpetual lien on all of the Property owned by a defaulting
Fee Owner in order to secure the payment of the amounts due under this Section. Recordation of
this ECR shall be deemed sufficient notice of Declarant's lien rights without the necessity of
recording other or future notices of the same. The lien created by this Section may be enforced
against a defaulting Fee Owner and the Property it owns in the same manner as provided by
applicable law for the foreclosure of mortgages.
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C. Taxes. All Fee Owners shall pay, prior to delinquency, directly to the
appropriate taxing authorities, all real property taxes and assessments which are levied against
the Lot or Tract owned or controlled by such Fee Owner, or the real or personal property located
thereon or used in connection therewith, and all other taxes, fees, charges or levies which
become, or may become, a lien upon such Lot or Tract owned or controlled by such Fee Owner,
or any portion thereof or interest therein.
5. Release from Liability. Any person acquiring fee or leasehold title to any
portion of the Property subject hereto shall be bound by this ECR only as to the portion of the
Property acquired by such person. In addition, such person shall be bound by this ECR only
during the period such person is the Fee Owner or Leasehold Owner of such portion of the
Property. The obligation, liabilities or responsibilities that accrue during the period such person
is the Fee Owner or Leasehold Owner of such portion of the Property shall survive such person's
fee or leasehold ownership of such portion of the Property. Although such persons may be
released under this Section, the easements, covenants and restrictions in this ECR shall continue
to be benefits to and servitudes upon said Property running with the land.
6. No Merger. Notwithstanding the fact that fee title to a portion of the Property
may at any time be owned by a person or entity that also then owns an interest in any of the
easements created and reserved pursuant to Section 3 which encumbers that Owner's same
property, such joint ownership of fee title and any easement interest therein shall not result in or
be deemed to cause an extinguishment of any of the easements created by this ECR, or be
deemed to cause a merger of any of the easements created by this ECR into fee title to that
Owner's portion of the Property.
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7. Rights of Successors. The easements, restrictions, benefits and obligations
hereunder shall create mutual benefits and servitudes running with the land. This ECR shall bind
and inure to the benefit of Declarant and subject to the specific limitations described in this ECR,
to all Owners of portions of the Property, their respective heirs, representatives, lessees,
successors, successors-in-interest, and assigns. The singular number includes the plural and the
masculine gender includes the feminine and neuter.
8. Document Execution, Modification and Cancellation. This ECR may be
amended or canceled only by Declarant as long as it or its successors, assigns or affiliates have
any interest in any portion of the Property.
9. Duration. Unless otherwise canceled or terminated, all of the easements granted
in this ECR shall continue in perpetuity; and all other rights and obligations hereof shall
automatically terminate and be of no further force and effect after seventy-five (75) years from
the date hereof.
10. Headings. The headings herein are inserted only as a matter of convenience and
for reference and in no way define, limit or describe the scope or intent of this instrument, nor in
any way affect the terms and provisions hereof.
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16681/Traer Version 10 Clean June 10, 2004
IN WITNESS WHEREOF, Declarant has made and executed this ECR as of the day
and year first above written.
STATE OF Qq iwerm% )
COUNTY OF EAfn UEZ SS
)
DECLARANT:
TRAER CREEK-RP LLC,
a Colorado limited liability company
By: TRAER CREEK LLC, a Colorado limited
liability company, its Manager
B
Y~: agnus Lin ohm, Manager
The foregoing instrument was acknowledged before me this W day of JVHE , 2004,
by Magnus Lindholm, as Manager of TRAER CREEK LLC, a Colorado limited liability
company and Manager of TRAER CREEK-RP LLC, a Colorado limited liability company, on
behalf of the companies.
In witness whereof, I have hereunto set my hand and affixed my notary seal the day and
year last above written.
e1L • PU
My commission expires:
12.•$•ZOO\4
16681/Traer Version 10 Clean
Public
APPLEGATE
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16
June 10, 2004
s
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MAINTENANCE BOND
KNOW ALL MEN BY THESE PRESENTS.
That Traer Creek Metropolitan District , as Principal, and
Liberty Mutual Insurance Company , as Surety, are held and firmly bound
unto Town of Avon as Obligee, in the full and just sum -1 0 of Eight Hundred Eighty Five Thousand Dollars and 00/100 Dollars
885,000.00 for the payment of which sum, well and truly to be made, the Principal and Surety bind themselves, their
heirs, executors, administrators, successors and assigns, jointly and .severally, firmly y these presents.
WHEREAS, The Principal hesentered into a written contract dated 000 with the Obligee for
The Village (at Avon) Filing 1. Any corrective work performed during the one (1) year warranty period
shall be extended for one (1) year from the date on which it is completed
,and
WHEREAS, said contract provides that the Principal will furnish a bond conditioned to guarantee for the period of One Year
after approval of the final estimate on said job, by the owner, against all defects in workmanship and materials which may become apparent
during said period.
NOW, THEREFORE; THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal shall indemnify the Obligee for all loss
that the Obligee may sustain by reason of any defective materials or workmanship which become apparent during the aforesaid period, then
this obligation shall be void; otherwise to remain in full force and effect.
RAUtUal r
ib
(surety)
Bond No. 23005807 By
Pamela J. nsen Attorney-In-Fact
37830 (2/031
Signed, sealed and dated July 20. 2004
NOTICE FROM SURETY REQUIRED BY
TERRORISM RISK INSURANCE ACT OF 2002
In accordance with the Terrorism Risk Insurance Act of 2002 (referred to
hereinafter as the "Act"), this disclosure notice is provided for surety bonds on
which one or more of the following companies is the issuing surety: Liberty
Mutual Insurance Company; Liberty Mutual Fire Insurance Company; LM
Insurance Corporation; The First Liberty Insurance Corporation; Liberty
Insurance Corporation; Employers Insurance Company of Wausau (formerly
"EMPLOYERS INSURANCE OF WAUSAU A Mutual Company"); Peerless
Insurance Company; and any other company that is a part of or added to the
Liberty Mutual Group for which surety business is underwritten by Liberty Bond
Services (referred to collectively hereinafter as the "Issuing Sureties").
NOTICE FORMS PART OF BOND
This notice forms part of surety bonds issued by any one or more of the Issuing
Sureties.
DISCLOSURE OF PREMIUM
The premium attributable to any bond coverage for "acts of terrorism" as defined
in Section 142(1) of the Act is Zero Dollars ($0.04).
DISCLOSURE OF FEDERAL PARTICIPATION
IN PAYMENT OF TERRORISM LOSSES
The United States will reimburse the Issuing Sureties for ninety percent (90%) of
any covered losses from terrorist acts certified under the Act exceeding the
applicable surety deductible.
L, CC-6539 2/03
THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. 1282980
This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to
the extent herein stated.
LIBERTY MUTUAL INSURANCE COMPANY
BOSTON, MASSACHUSETTS
POWER OF ATTORNEY
KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the "Company'), a Massachusetts stock insurance
company, pursuant to and by authority of the By-law and Authorization hereinafter set forth, does hereby name, constitute and appoint
DILYNN GUERN, KEVIN W. MCMAHON, FRANK C. PENN, PAMELA J. HANSEN, DONALD E. APPLEBY, GLORIA C. BLACKBURN,
KRISTEN L. MCCORMICK, FLORIETTA ACOSTA, CYNTHIA M. BURNETT, SUSAN J. LATTARULO, COURTNEY T. PETERSON,
J. R. RICHARDS, JAMES S. ROSULEK, DOUGLAS J. ROTHEY, ALL OF THE CITY OF DENVER, STATE OF COLORADO
, each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver, for and on its
behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations in the penal sum not exceeding
ONE HUNDRED TWENTY-FIVE MILLION AND 00/100.................... DOLLARS 125,000,000.00***** ) each, and the
execution of such undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents, shall be as binding upon the
Company as if they had been duly signed by the president and attested by the secretary of the Company in their own proper persons.
That this power is made and executed pursuant to and by authority of the following By-law and Authorization:
ARTICLE XIII - Execution of Contracts: Section 5. Surety Bonds and Undertakings.
Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the
chairman or the president may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Company to make,
execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such
attorneys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their
signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be
as binding as if signed by the president and attested by the secretary.
By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys-in-fact:
Pursuant to Article XIII, Section 5 of the By-Laws, Garnet W. Elliott, Assistant Secretary of Liberty Mutual Insurance Company, is hereby
authorized to appoint such attorneys-in-fact as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and
deliver as surety any and all undertakings, bonds, recognizances and other surety obligations.
That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect.
IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of
Liberty Mutual Insurance Company has been affixed thereto in Plymouth Meeting, Pennsylvania this 12th day of May
2003
LIBERTY MUTUAL INSURANCE COMPANY
By(~,..e i.~/_
Garnet W. Elliott, Assistant Secretary
COMMONWEALTH OF PENNSYLVANIA ss
COUNTY OF MONTGOMERY
On this 12th day of May , 2003 , before me, a Notary Public, personally came Garnet W. Elliott, to me known, and acknowledged
that he is an Assistant Secretary of Liberty Mutual Insurance Company; that he knows the seal of said corporation; and that he executed the above
Power of Attorney and affixed the rorporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation.
IN TESTIMONY WHEREOF, 1 have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year
first above written.
By
Ter sa Pastella, Notary Public
CERTIFICATE
I, the undersigned, Assistant Secretary of Liberty Mutual Insurance Company, do hereby certify that the original power of attorney of which the foregoing
is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the officer or official who executed the
said power of attorney is an Assistant Secretary specially authorized by the chairman or the president to appoint attorneys-in-fact as provided in Article
XIII, Section 5 of the By-laws of Liberty Mutual Insurance Company.
This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the
following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March, 1980.
VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a
certified copy of any power of attorney issued by the company in connection with surety bonds, shall be valid and binding upon the company
with the same force and effect as though manually affixed.
IN TESTIMONY WHEREOF I have hereunto subscribed my name and affixed the corporate seal of the said company, this 22nd day of
July 1004
By r
David M. Carey, Assi rit Secretary
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JOHNSON ~6 REPUCCI LLP
ATTORNEYS AND COUNSELORS AT LAW
2521 BROADWAY, SUITE A
BOULDER. COLORADO 80304
TELEPHONE 303-442-1900
TELEFAX 303-442--0}191 BOULDER
June J1r .,MV4 WINTER PARK
Norman Wood
Town Engineer
Town of Avon
P. O. Box 975
Avon, CO 81620
Re: The Village (at Avon) Filing 3
Dear Norm:
Enclosed is the Subdivision Improvements Agreement for The Village (at Avon)
riling 3 for execution by the Mayor, attestation by the Town Clerk and approval as to
form by the Town Attorney. Please obtain these three signatures, retain a complete copy
for the Town's files, and return the original to me.
In addition, enclosed is the Declaration of Master Design Review Covenants for
The Village (at Avon) which was previously recorded and already encumbers the lands
included in Filing 3 (Revised East Parcel Minus Tract M).
Please feel free to call me if you have any questions. Thank you for your
assistance.
Sincerely yours,
I
Ruth B. Johnson
RBJ:lf
Enclosures
cc: Dave Kautz (w/ attachment)
John Dunn, Esq. (w/ attachment)
00017479.DOC
V
4us ulas
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Exhibit "B" To Third Amendment
To Annexation & Development Agreement
Calculation of Police Services
Village at (Avon)
2005 Projected Budgeted
Revenues
Town of Avon Statistics
Total Weighted Average Town Lane Miles - 2005
49.39
Total Weighted Average Village Lane Miles - 2005
10.42
Ratio of Village/Town Lane Miles - 2005
21.10%
Total Town Calls for Service - 2005
14,611
Total Village Calls for Service - 2005
1,008
Ratio of Village/Town Calls for Service - 2005
6.90%
Total Town Residential Dwelling Units - 12/31/05
3,528
Total Village Residential Dwelling Units - 12/31/05
244
Ratio of Village/Town Residential Units
6.92%
Total Town Commercial Square Footage - 12/31/05
1,661,793
Total Village Commercial Square Footage - 12/31/05
322,853
Ratio of Village/Town Square Footage
19.43%
Calculation of Police Services - 2005 Budget
Patrol Factor Calculation
Direct Costs - 2005:
Personnel Costs - Patrol
Gas, Fleet Maint., & Fleet Replacement Charges - Patrol
Vail Dispatch Services
% Direct Time Involved in Patrolling Streets
and Self-initiated Calls for Service
Ratio of Village Lane Miles to Total Lane Miles
Total Patrol Factor
Service Call Factor Calculation
Direct Costs - 2005:
Personnel Costs - Patrol
Gas, Fleet Maint., & Fleet Replacement Charges - Patrol
Vail Dispatch Services
Direct Time Involved in Responding to
Calls for Service
Personnel Costs - Investigations
Gas, Fleet Maint., & Fleet Replacement Charges - Invest.
Ratio of Village/Town Calls for Service
Total Calls for Service Factor
Preparedness, Administration & Support Facioi
Indirect Costs - 2005:
Administration Budget
Indirect Patrol Costs
Indirect Investigations Costs
Average of Residential DUs & Commercial Square Feet
Total Preparedness, Administration & Support Factor
Total Police Services Cost - 2005
$ 949,124
120,073
181,094
1,250,291
x 35.00%
437,602
I1 Inoi
$ 92,323
$ 949,124
120,073
181,094
1,250,291
x 65.00%
80,340
10,966
903,995
A nnoi
$ 62,366
$ 278,010
75,159
6,418
359,587
[91'701
$ 47,365
$ 202,053
9/8/2004 12:55 PM
EXHIBIT "B"