TC Res. No. 1986-15RESOLUTION NO. 86-15
SERIES OF 1986
A RESOLUTION APPROVING FINAL SUBDIVISION PLATS FOR EAGLEBEND
FILING NO. 1, EAGLEBEND FILING NO. 2, EAGLEBEND FILING NO. 3,
AND EAGLEBEND FILING NO. 4, ALL LOCATED IN SECTION 12, T.5 SOUTH,
RANGE 82 WEST OF THE 6TH P.M. AND SECTION 7, T.5 SOUTH, RANGE 81
WEST OF THE 6TH P.M., TOWN OF AVON, EAGLE COUNTY, COLORADO.
WHEREAS, Eaglebend, a Colorado general partnership, has
submitted Final Plats for Eaglebend Filing No. 1, Eaglebend Fil-
ing No. 2, Eaglebend Filing No. 3, and.Eaglebend Filing No. 4,
all located in Section 12, T.5 South, Range 82 West of the 6th
P.M. and Section 7, T.5 South, Range 81 West of the 6th P.M.,
Town of Avon, Eagle County, Colorado; and
WHEREAS, a public hearing was held by the Avon Town
Council and the Preliminary Plat was approved June 10, 1986; and
WHEREAS, the Final Plats are.substantially'in accordance
with the approved Preliminary Plat for Eaglebend-Subdivision; and
WHEREAS, the Final Plat is substantially in accordance
with Subdivision Regulations of the Town of Avon..
NOW, THEREFORE, BE IT RESOLVED, by the Town Council of
the Town of Avon, that these Final Plats for Eaglebend Filing No. 1,
Eaglebend Filing No. 2, Eaglebend-Filing No. 3, and'Eaglebend Filing
No. 4 are hereby approved by the Town of Avon, subject to:
1.' Technical review and approval of the Final Plats
by Town staff, prior to filing with the Clerk and
Recorder of Eagle County;
2. The completion and execution of all Certificates
and related documents in a manner satisfactory to
the Town Attorney, prior to filing with"the Clerk
and Recorder of Eagle County; and,
3. Review and approval of related Covenents, Subdivision
Agreement, and other applicable documents by the Town
Attorney, prior to filing with the Clerk and Recorder
of Eagle County.
PASSED AND ADOPTED at a regular meeting on July 22, 1986.
A T
~ Pe,,
atricia J.; oyle,-Town C erk
'T'OWN OF. AVON, COLORADO
A an R. 0tti:ng am Mayor
MEMO
TO: Bill James
FROM: Norm Wood
RE: Eaglebend - Final Plat
Resolution No. 86-15
Town staff has reviewed the Final Plats, Amended and Restated Declaration of
Covenants, Conditions, and Restrictions, and the Subdivision Improvements
Agreement for Eaglebend Subdivision. Staff comments and suggestions have
been relayed to the applicant, and revisions have been made. Review of Final
Plat revisions is not complete at this time, but should be prior to Council
meeting.
The Subdivision Improvements Agreement has been structured to provide for the
immediate construction of most of the stipulated public improvements. In
order to accomplish this, Eagle County must agree to release the Letter of
Credit held in conjunction with the previous subdivision under County juris-
diction. We anticipate action on this matter by the Eagle County Commissioners
on Tuesday afternoon, prior to the Town Council meeting. A recommendation for
action on Resolution 86-15 will be made at the Council meeting, based upon the
action of the Eagle County Commissioners.
NW/brj
7/18/86
SUBDIVISION IMPROVEMENTS AGREEMENT
EAGLE BEND SUBDIVISION
THIS AGREEMENT, made and entered into this - day of
1986, by and between Eagle Bend, a Colorado general
partnership ("Subdivider") and the Town of Avon, State of
Colorado, a municipal corporation, by and through its Town
Council ("Town").
WHEREAS, Subdivider, as a condition for approval of the
final subdivision plat of Eagle Bend Subdivision
C'Subdivision"), desires to enter into a Subdivision
Improvements Agreement with the Town; and
WHEREAS, Subdivider has been requested by-the Town to
provide security or collateral sufficient to insure the
completion of certain public improvements hereinafter
described; and
WHEREAS, Subdivider desires to provide such collateral by
means of a letter of credit; and
WHEREAS, Subdivider has provided for the collection and
treatment of sewage by the Upper Eagle Valley Sanitation
District, a Colorado quasi-municipal corporation, with said
District assuming responsibility for sewage collection and
treatment; and
WHEREAS, Subdivider has provided for a source of domestic
water by the Eagle-Vail Metropolitan District, a Colorado
quasi-ii-municipal corporation, with said District assuming
responsibility for domestic water service and fire protection.
NOW, THEREFORE, in consideration of the following mutual
covenants, conditions and promises, the parties agree as
follows:
1. Subdivision Improvements. Subdivider shall, at its
sole cost and expense and in a good and workmanlike manner,
provide all materials and equipment for, and complete, the
following improvements:
1.1 Acceleration/deceleration lanes and guardrail on
U.S. Highway 6 at its point of intersection with
Stonebridge Drive ("Accel/Decel No. 1").
1.2 Acceleration/deceleration lanes and Paved
entrance on U.S. Highway 6 at the eiicrince to
Nottingham Sand and Gravel ("Accel/Decel
No. 2").
1.3 Cul-de-sac at the Western end of Eagle Bend
Road ("Cul-de-sac").
1.4 Construction of a bike path across a portion
of Filing No. 4 ("Bike Path").
1.5 Completion of punch-list items on Eagle Bend
Road and Stonebridge Drive ("Road Repair"),
attached hereto as Exhibit 1.
1.6 Fence along railroad right-of-way and
landscaping along south side of Eaglebend
Drive("Fencing and Landscaping").
2. Applicable Standards. All of the Improvements and
all work incidental thereto shall be completed in compliance
with:
2.1 All final plat documents submitted prior to
or at the time of final plat approval;
2.2 All laws of the United States of America,
State of Colorado, Town of Avon, and its
respective agencies, affected special dis-
tricts and/or service districts; and
2.3 Such other designs, drawings, maps,
specifications, sketches and-other matters
submitted by Subdivider to and approved by
any of the above-referenced governmental
entities.
The subdivision improvements shall be completed in accor-
dance with inspection procedures established by the Town and
the "standards set forth above and shall be completed to the
reasonable satisfaction of the Town and shall not be deemed
complete until and accepted by the Town Council or said
Council's appointed designees.
3. Time for Completion. The'Improvements shall be
completed by the following dates: the Accel/Decel lanes
Cul de sac, and the Road Repair shall be completed by
November 15, 1986, the Bike Path and Fencing and Landscaping
shall be completed by the later of (a) June 30, 1988 or (b)
the date of the issuance of the certificate of occupancy for
the fifth building in Filing 4 of Eagle Bend Subdivision,
which certificate of occupancy shall not be issued until
completion of such improvements and other improvement
required through the design review process or the posting of
a letter of credit in an amount sufficient to insure
completion of such additional improvements in a form
resonably acceptable to the Town.
4. Cost of Completion. The estimated cost of the
Improvements is $113;952, broken down generally as follows
and more particularly broken down on Exhibit 2 attached
hereto:
4.1 For Accel/Decel No. 1, the sum of $42,000.
4.2 For Accel/Decel No. 2, the sum of $31,952.
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4.3 For the Cul-de-sac, the sum of $7,000.
4.4 For the Fencing and Landscaping, the sum of.
$28,000.
4.5 For the Road Repairs, the sum of $5,000.
5. Letter of Credit. As security for the completion
of the Improvements, Subdivider shall provide to the Town,
prior to the date of filing of the final plat of the Subdi-
vision, a letter of credit in the amount of $113,952,
("LOC") in form reasonably acceptable to the Town. The LOC
shall be maintained in an amount approximating, at all
times, the estimated costs of the improvements remaining to
be completed, plus ten percent retainage after any reduction
requested as herein provided. The cost of such uncompleted
Improvements shall be determined from time to time by
Subdivider from comparable-cost information provided by its
engineer or, if comparable-cost information is not
available, from estimates provided by its engineer, subject
to the reasonable approval of the Town. Subject to the
terms of this paragraph and Subdivider's compliance with the
terms of this Agreement, Subdivider shall be entitled to
reduce the amount of the LOC upon completion of a portion of
the improvement, but not more often than monthly, in the
amount, if any, of the cost of the portion of the project
completed on or prior to such Reduction Date, less ten
percent of the balance as retainage. in the event that
Subdivider shall desire to obtain a reduction in the amount
of LOC, it shall submit to the Town Council a request for
reduction accompanied by documentation establishing the
completion of a portion of the project and the estimated
cost of the remaining uncompleted Improvements. The
approval of the Town shall be deemed given in the event that
Subdivider does not receive written notice of its
disapproval with 30 days after the date of its application
for reduction. Any notice of disapproval given by the Town
shall specify with particularity any deficiencies in the
completed Improvements. Upon its correction of such
deficiencies, if any,'Subdivider shall be entitled to
reapply for a reduction in any amount of the LOC in
accordance with the terms of this paragraph. Upon approval
of such application, the LOC shall be reduced to 110% of the
estimated cost of remaining uncompleted improvements. The
Town shall be under no obligation to reduce the amount of
the LOC to less than 10% of the original face amount thereof
("Retainage") prior to the end of the Warranty Period (as
defined below) for the last Improvement completed. Subject
to the provisions of paragraph 8 below, the Town shall
release the retainage at the end of the Warranty Period for,
and upon its acceptance of, the last completed Improvement.
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6. Phased-Completion of Improvements. For purposes of
reducing the amount of the LOC, the Improvements shall be
grouped together as follows (each such group constituting a
"Phase"):
Phase I - Road Repairs, Cul-de-sac;
Phase II - Accel/Decel No. 1;
Phase III - Accel/Decel No. 2;
Phase IV - Fenc4ngcand Landscaping
A Phase shall be deemed completed upon the completion of all
Improvements comprising such Phase.
7. Completion of Improvements by Town. In the event
that the Town shall reasonably determine that Subdivider will
not, or is unable to, timely construct any or all of the
Improvements in accordance with applicable specifications, the
Town shall be entitled to draw upon the LOC in an amount
sufficient,to complete such Improvements and apply the proceeds
for such purpose. It is specifically understood and agreed
that this provision is for the protection of the Town and does
not'impose upon the Town any obligation to undertake
construction of any of the Improvements or to pay for the
construction thereof.
8. Warranty; Retainage. With the exception of the
Roadway Repairs and any work performed with respect to Eagle
Bend Road and Stonebridge Drive (the "Roadways"), Subdivider
warrants each Improvement (work and material) for a period of
one year"after completion of such Improvement in a manner
satisfactory to the Town ("Warranty Period"). Acceptance by
the Town of all completed work shall not be unreasonably
withheld, and shall occur upon the expiration of'the Warranty
Period for the Improvement to be accepted. The Retainage shall
constitute security for any and all claims that may be made
under this warranty, and shall be completely released by the
Town upon its acceptance of the last completed Improvement.
9. Roadways. The Roadways shall be dedicated to the,
Town in the final plat of the Subdivision. Upon the request of
Subdivider after the first anniversary of the filing of the
final plat of the Subdivision, the Town shall inspect the
Roadways and, if it should reasonably determine that repairs
are needed prior to its acceptance of such roadways, shall
submit to Subdivider a "punch-list" of such repairs. Within. 30
days after the date of Subdivider's request that the Town
inspect the Roadways or, if the Town shall submit a
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"punch-list"'bf further required repairs within such 30-day
period, within 30 days after the completion of'such further
repairs, the Town shall accept the Roadways. The Town shall
operate and maintain the Roadways from and after the date of
acceptance.
10. Highway Improvements Specifications. The
construction procedures for the Highway Improvements and the
Cul-de-sac shall be in accordance with detailed plans and
specifications approved by the Town as a part of the
Subdivision approval process.
11. No Addresses. As street addresses for the
Subdivision have not been determined, Subdivider shall have no
obligation to indicate street addresses on the Subdivision
final plat unless the Town shall have provided such addresses
to Subdivider prior to filing of the final plat.
12. Stub Out of Water Lines. Subdivider shall stub out
water service connections from the main water lines within the
road right-of-way so as to serve each lot without a road cut.
All other utilities shall. be installed on the up-hill (cut)
side (wherever practicable), in the unpaved portion of the road
rights-of-way. It is anticipated that road cuts will be
necessary for all utilities from time to time, and that the
same shall be performed in accordance with Title 12 of the Avon
Municipal Code.
13. Survey Work. Subdivider shall obtain the
monumentation of the external boundaries of the Subdivision and
boundaries of the blocks within the Subdivision in accordance
with Sections 38-51-101 et seq., C.R.S. 1973, as amended.
Steel pins with metal caps set in 8" concrete monuments shall
be set at all property corners within the Subdivision;
provided, however, that such pins and caps shall be so set in
Filing No. 4 after completion of overlot grading. Concrete
monuments shall be set as shown on the final plat prior to
recording threof.
14. Irrigation. As and when the Metcalf Ditch is
diverted and piped, Subdivider shall provide adequate
irrigation to support trees presently growing along the Metcalf
Ditch.
15. Erosion Control. Temporary erosion control
facilities shall be installed as needed during construction to
minimize surface water runoff and siltation. Such erosion
control facilities may include siltation settling basins, straw
bale dams, earthen or rock berms, etc. If excessive erosion
results from excessive water being discharged through culverts
during the Subdivision development, Subdivider shall place
rip-rap to eliminate such condition.
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16. Amendments. This Agreement may be amended only by a
writing signed by all parties.
17. Assignment; Binding Effect. This Agreement shall be
binding upon and inure to the benefit of the parties, their
heirs, successors and assigns. Upon an assignment of this
Agreement by.Subdivider, Subdivider shall be released of all of
its obligations hereunder and shall immediately obtain a
release of the LOC, provided that Subdivider's assignee shall
have provided to the Town a Letter of Credit or other adequate
security complying with the terms of this Agreement.
18. Fees. In accordance with the Town's Subdivision
Regulations, for the review of the Sketch Plan, Preliminary
Plans, and Preliminary Plans, and Final Plats (with 55 lots)
are hereby paid in full and accepted by the Town in the amount
of $ 1,565.00.
19. Additional Fees. Additional fees shall be assessed
to Subdivider from time to time to cover inspection of the
Improvements. Said fees shall be at a rate of $30.00 hr.and
are estimated to total $ 5,100.00. In addition, the Subdivider
shall reimburse the Town for legal services charges expended by*
20. Subdivision Final Plat Approval. The Town hereby
approves the,Subdivision of final plat of Eagle Bend
Subdivision, subject to the terms and conditions of this
Agreement.
21. Indemnification. Subdivider shall indemnify and hold
harmless the Town and any of its officers, agents, and
employees against any losses, damages, claims and liabilities
to which the Town or any of its officers, agents and employees
may become subject insofar as any such losses, damages, claims
and liabilities (or actions in respect thereof) arise out of or
are'based upon any performance by Subdivider under the terms
and conditions of this Agreement; and Subdivider shall
reimburse the Town (directly or through the LOC) for any legal
or other expenses reasonably incurred by the Town in connection
with the,investigation or defense of any such losses, damages,
claims or liabilities or with the enforcement of the provisions
of this Agreement. This indemnification provision shall be in
addition to any other liability which Subdivider may otherwise
have.
22 Governing Law. This Agreement shall be governed by
the laws of the State of Colorado.
23 Counterparts. This Agreement may be executed in
counterparts, all of which together shall constitute one and
the same Agreement.
*(continued from #19) -6-
the Town in association with this project, in the amounts paid
by the Town to its legal counsel, at the rates normally charged
the Town by such counsel, which amount shall be paid to date
prior to final plat approval,, and thereafter within thirty days
of billing. Such fees shall be reasonable and consistent with
fgPC rnnrmal l.v rnharrncA 4-n i-hc Tncm
IN WITNESS WHEREOF, the parties have executed this
Agreement as of the day of '1986.
Town of Avon, a Colorado municipal
corporation
Attest: By:
Allan Nottingham
Patricia J. Doyle
Town Clerk
Eagle Bend, a Colorado general
partnership
By: Laurkar Investments (Colorado) Inc.,
a Colorado corporation'
By:
ACCEPTED AND APPROVED:
Stonebridge Cluster Homeowners'
Association, a Colorado non-profit
corporation.
By:
Eaglebend-Duplex Homeowners'
Association, a Colorado non-profit
corporation
By:
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Fvhihi* 1
SUBDIVISION IMPROVEMENTS AGREEMENT
EAGLE BEND SUBDIVISION
1. Repair erosion damage and correct drainage to prevent
additional damage at northwest corner of bridge;
2. Increase pavement width at south end of bridge to
conform with bridge width;
3. Remove temporary lighting and electrical from bridge and
roadway;
4. Construct roadway shoulder to match pavement at
northwest corner of bridge;
5. Install stop sign at intersection of. Eaglebend Drive and
Stonebridge Drive;
6.- Bridge acceptance would be subject to inspection under
state programs and correction of noted deficiencies;
7. Regrad.e, shape and compact shoulders along Eaglebend
Drive from Station 1 + 46 to intersection with'
Stonebridge Drive;
8. Repair pavement damage al.ong,southerly side of Eaglebend
Drive near Station 2 + 75;
9. Regrade ditch north side of Eaglebend Drive in area
around Station 13 + 50;
10. Repair Eaglebend Drive shoulder damage at hydrant
located near Station 15 + 25;
11. Clean entrance to culvert located at Station 15 + 95
Eaglebend Drive;
12. Provide erosion protection for drainage easement between
Lots 18 and 19, Filing No. 1;
13. Correct drainage deficiencies along north side Eaglebend
Drive between Stations 16'+ 00 and 18 + 00;
I
14. Repair shoulder and rip rap drainage ditch along north
side Eaglebend Drive between stations 18 + 75 and .0 +
25;
15. Regrade drainage ditch along north side Eaglebend Drive
between Stations 21 + 00 and 22 + 00 to obtain drainage
to the west;
16. Raise fire hydrant located near Station 29 + 00 to
proper elevation;
17. Regrade shoulder along north side Eaglebend Drive in the
vicinity of Station 29 + 50 to obtain cross section per
plans;
18. Raise -fire hydrant located near Station 19 + 50 to
proper elevation;
1.9..Regrade drainage ditch along north side Eaglebend Drive
-to provide positive drainage for area across from Lot
10, Filing No. 1.
AGREEMENT FOR TERMINATION OF
SUBDIVISION IMPROVEMENTS AGREEMENT
EAGLE BEND SUBDIVISION
THIS AGREEMENT, made and entered into this
day of July, 1986, by and between Eagle Bend, A Colorado
general partnership ("Subdivider") and the County of Eagle,
State of Colorado, by and through its Board of County
Commissioners ("County").
\1 i
WHEREAS, Subdivider, as a condition for approval
of the final subdivision plat of Eagle Bend Subdivision
("Subdivision") has entered into a Subdivision Improvements
Agreement ("County Subdivision Improvements Agreement")
posted a Letter of Credit with the County; and
WHEREAS, Subdivider, as a condition for approval
of a revised final subdivision plat of Eagle Bend Subdivi-
sion ("Subdivision"), desires to enter into a Subdivision
Improvements Agreement with the Town of Avon ("Town"), into
which the Subdivision has been annexed, and
1 WHEREAS, Subdivider has been requested_by the Town
to provide security or collateral sufficient to insure the
completion of certain public improvements hereinafter
described; and
WHEREAS, Subdivider desires to provide such
collateral by means of a Letter of Credit and to obtain the
simultaneous release of the Letter of Credit placed with the
County'; and
NOW, THEREFORE, in consideration of the following
mutual covenants, conditions and promises, the parties agree
as follows:
1. Upon the establishment of a Subdivision
Improvements Agreement with the Town ("Town Subdivision
Improvements Agreement") and the establishment of a Letter
of Credit or alternate security with the Town, insuring the
performance of the Town Subdivision Improvements Agreement,
-reciting the intention of the Town to have the Town
Subdivision Improvements Agreement supercede the County
Subdivision Improvements Agreement, Subdivider shall be
released from any obligation under the County Subdivision
Improvements Agreement, and the County Letter of Credit
shall automatically be terminated and released.
2. Amendments. This Agreement may be amended
only by a writing signed by all parties.
' 3. Assignment; Binding Effect. This Agreement
shall be binding upon and inure to the benefit of the
parties, their heirs, successors and assigns.
4. Indemnification. Subdivider shall indemnify
and hold harmless the County and any of its officers,
agents, and employees against any losses, damages, claims
and liabilities to,which the County or any of its officers,
agents and employees may become subject insofar as any such
losses, damages, claims and liabilities (or actions in
respect thereof) arise out of or ate based upon any perfor-
mance or non performance by Subdivider- under the terms and
conditions of the County Subdivision Improvements Agreement
or this Agreement; and Subdivider shall reimburse the
County for any legal or other expenses reasonably incurred
by the County in connection with the investigation or
defense of any such losses, damages, claims or liabilities.
This indemnification provision shall be in addition to any
other liability which Subdivider may otherwise have.
5. Governing Law. This Agreement shall be
governed by the laws of the State of Colorado.
6. Counterparts. This-Agreement may be executed
in counterparts, all of which together shall constitute on
and the same Agreement.
IN WITNESS WHEREOF, the parties have executed this
Agreement as of the day of July, 1986.
COUNTY OF EAGLE,
STATE OF COLORADO
Attest:
By:
Chairman, Board of County
Commissioners
County Clerk and
Ex-officio Clerk to the
Board of County Commissioners
Eagle Bend, a Colorado general
partnership
By: Laurkar Investments
(Colorado) Inc.,
a Colorado corporation
By:
APPROVED AS TO FORM AND CONCEPT:
TOWN OF AVON:
By:
Town Manager
AVON2
SUBDIVISION IMPROVEMENTS AGREEMENT
EAGLE BEND SUBDIVISION
THIS AGREEMENT, made and entered into this - day of
1986, by and between Eagle Bend, a Colorado general
partnership ("Subdivider") and the Town of Avon, .State of
Colorado, a municipal corporation, by and through its Town
Council ("Town").
WHEREAS, Subdivider, as a condition for approval of the
final subdivision plat of Eagle Bend Subdivision
("Subdivision"),;desi.res to enter into a Subdivision
Improvements Agreement with the Town; and
WHEREAS, Subdivider has been requested by the Town to
provide security or collateral sufficient to insure the
completion of certain public improvements hereinafter
described; snd
WHEREAS, Subdivider desires to provide such collateral by
means of a letter of credit; and
WHEREAS, Subdivider has provided for the collection and
treatment of sewage by the Upper Eagle Valley Sanitation
District, a Colorado quasi-municipal corporation, with said
District assuming responsibility for,sewage collection and
treatment'; and
WHEREAS, Subdivider has provided for a source of domestic
water by the,Eagle-Vail Metropolitan District, a Colorado
quasi-municipal corporation, with said District assuming
"responsibility for domestic water service.and fire protection-,
NOW, THEREFORE, in consideration of the following mutual
covenants, conditions and promises, the parties agree as
follows:
1. Subdivision Improvements. Subdivider shall, at its
sole cost and expense and in a.good and workmanlike manner,
provide all materials and equipment for, and complete, the
following improvements:
1.1 Acceleration/deceleration lanes and guardrail on
U.S. Highway 6 at its point of intersection with
Stonebridge Drive ("Accel/Decel No. 1").
1.2 Acceleration/deceleration lanes and aved
entrance on U.S. Highway 6 at the eiicrance to
Nottingham Sand and Gravel ("Accel/Decel
No. 2").
1.3 Cul-de-sac at the Western end of Eagle Bend_
Road ("Cul-de-sac").
1.4 Construction of a bike path.across a portion
of Filing No. 4 ("Bike Path").
1.5 Completion of punch-list items on Eagle Bend
Road and Stonebridge Drive ("Road Repair"),
attached hereto as Exhibit 1.
1.6 Fence along railroad right-of-way and
landscaping along north side of Eaglebend
Drive("Fencing and.Landscaping").
2. Applicable Standards. All of the Improvements and
all work incidental thereto shall be completed in compliance
with:
2.1 All final plat documents submitted prior to
or at the time of final plat approval;
2.2 All laws of the United States of America,
State of Colorado, Town of Avon, and its
respective agencies, affected special dis-
tricts and/or service districts; and
2.3 Such other designs, drawings, maps,
specifications, sketches and other matters
submitted by Subdivider to and approved by
any of the above-referenced governmental
entities.
The subdivision improvements shall be completed in accor-
dance with inspection procedures established by-the Town and
the standards set forth above and shall be completed to the
reasonable satisfaction of the Town and shall not be deemed
complete until and accepted by the Town Council or said
Council's appointed designees.
3. Time for Completion. The Improvements shall be
completed by the following dates: the Accel/Decel lanes
Cul de sac, and the Road Repair shall be completed by
November 15, 1986, the Bike Path and Fencing and Landscaping
shall be completed by the earlier of (a) June 30, 1988 or
(b) the date of the issuance of the certificate of occupancy
for the fifth building in Filing 4 of Eagle Bend
Subdivision, which certificate of occupancy shall not be
issued until completion of such improvements and other
improvement required through the design review process or
the posting of a letter of credit in an amount sufficient to
insure completion of such additional improvements in a form
resonably acceptable.to the Town.
4. Cost of Completion. The estimated cost of the
Improvements is 0.13,9521 broken down generally as follows
and more particularly.broken down on Exhibit 2 attached
hereto:
4.1 For Accel/Decel No. 1, the sum of,$42,000.
4.2 For Fccel/Deco]. No. 2, the sum of $31,952.
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4.3 For the Cul-de-sac, the sum of $7,000.
4.4 For the Fencing and Landscaping, the sum of
$28,000.
4.5 For,the Road Repairs, the sum of $5,000.
5. Letter of Credit. As security for the completion
of the Improvements, Subdivider shall provide to the Town,
prior to the elate of filing of the final plat-of the Subdi-
vision, a letter of credit in the amount of $113,952,
("LOC") in form reasonably acceptable to the Town. The LOC
shall be maintained in,an amount approximating, at all
times, the estimated costs of the Improvements remaining to
be completed, plus ten percent retainage after any reduction
requested as herein provided. The cost of such uncompleted
Improvements shall be determined from time to time by
Subdivider from comparable-cost information provided by its
engineer or, if comparable-cost information is not
available, from estimates provided by its engineer, subject
to the reasonable approval of the Town. Subject to the
terms of this paragraph and Subdivider's compliance with the
terms of this Agreement, Subdivider shall be entitled to
reduce the amount of the LOC upon completion of a portion of
the improvement, but not more often than monthly, in the
amount,.if any., of the cost of the portion of the project
completed on or prior to such Reduction Date, less ten
percent as retainage. In the event that Subdivider shall
desire to obtain a reduction in the amount of LOC, it shall
submit to the Town Council a request for reduction
accompanied by documentation establishing the completion of
a portion of the project and the estimated cost of the
remaining uncompleted Improvements. The approval of the
town shall be deemed given in the event that'Subdivider does
not receive written notice of its disapproval with 30 days
after the date of its application for reduction. Any notice
of disapproval given by the Town shall specify with
particularity any deficiencies in the completed Improve-
ments. Upon its correction of such deficiencies, if any,
Subdivider shall be entitled to reapply for a reduction in
any amount of the LOC in accordance with the terms of this
paragraph. Upon approval of such application, the LOC shall
be reduced to 110% of.the estimated cost of remaining
uncompleted improvements. The Town shall be under no
obligation to reduce the amount of the LOC to less than 10%
of the original face amount thereof ("R.etainage") prior to
the end of the Warranty Period (as defined below) for the
last Improvement completed. Subject to the provisions of
paragraph 8 below, the Town shall release the retainage at
the end of the Warranty Period for, and upon-its acceptance
of, the last completed improvement.
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6. Omitted.
7. Completion of Improvements by Town. In the event
that the Town shall reasonably determine that Subdivider will
not, or is unable to, timely construct any or all of the
Improvements in accordance with applicable specifications, the
Town shall be entitled to draw upon the LOC in an amount
sufficient to complete such Improvements and apply the proceeds
for such purpose. It is specifically understood and agreed
that this provision is for the protection of the Town and does
not impose upon the Town,any obligation to undertake
construction of any of the Improvements or to pay for the
construction thereof.
8. Warranty; Retainage. With the exception of the
Roadway Repairs and any work-performed with respect to Eagle
Bend Road and Stonebridge Drive (the "Roadways"), Subdivider
warrants each Improvement (work and material) for a period of
one year after completion of such Improvement in a manner,
satisfactory to the Town ("Warranty Period"). Acceptance by
the Town of'all completed work shall not be unreasonably
withheld, and shall occur upon the expiration of the Warranty
Period for the Improvement to be accepted. The Retainage shall
constitute security for any and all claims that may be made
under this warranty, and shall be completely released by the
Town upon its acceptance of the last completed Improvement.
9. Roadways. The Roadways shall be dedicated to the
Town in the final plat of the Subdivision. Upon the request of
Subdivider after the first anniversary of the filing of the
final plat of the.Subdivision, the Town shall inspect the
Roadways and, if it should reasonably determine that repairs
are needed prior to its acceptance of such roadways, shall
submit to Subdivider a "punch-list" of such repairs. Within. 30
days after the date of.Subdivider's request that the Town
inspect the Roadways or, if the Town shall submit a
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"punch-list"•bf-further required repairs within such 30-day
period, within 30 days after the completion of such further
repairs, the Town shall accept the Roadways. The Town shall
operate and maintain the Roadways from-and after the date of
acceptance.
10. Highway Improvements Specifications. The
construction procedures for the Highway Improvements and the
Cul-de-sac shall be in accordance with detailed plans and
specifications approved by the Town as a part of the
Subdivision approval process.
11. No_Addr_esses. As street addresses for the
Subdivision have not been determined, Subdivider shall have no
obligation to indicate street addresses on the Subdivision
final plat unless the Town.shall have provided such addresses
to Subdivider prior- to filing of the final plat.
12. Stub Out of Water Lines. Subdivider shall stub out
water service connections from the main water lines within the
road right-of-way so as to serve each lot without a road cut.
All other utilities shall be installed on the up-hill (cut)
side (wherever practicable), in the unpaved portion of the road
rights-of-way. It is anticipated that road cuts will be
necessary for all utilities from time-to time, and that the
same shall be performed in accordance with Title 12 of the Avon
Municipal Code.
13. Survey Work. Subdivider shall obtain the
monumentation of the external boundaries of the Subdivision and
boundaries of the blocks within the Subdivision in accordance
with Sections,38-51-101 et seq., C.R.S. 1973, as amended.
Steel pins with metal caps set in 8" concrete monuments shall
be set at all 'property corners within the Subdivision;'
provided, however, that such pins and caps shall be so set in
Filing No. 4 after completion of overlot grading. Concrete
monuments shall be set as shown on the final plat prior to
recording threof.
14. Irrigation. As and when the Metcalf Ditch is
diverted and piped, Subdivider shall.provide adequate
irrigation to support trees presently growing along the Metcalf
Ditch.
15. Erosion Control. Temporary erosion control
facilities shall be installed as needed during construction to
minimize surface water runoff and siltation. Such erosion
control facilities may include siltation settling basins, straw
bale dams, earthen or rock berms, etc. If excessive erosion
results from excessive water being.discharged through culverts
during the Subdivision development, Subdivider shall place
rip-rap to eliminate such condition.
-5-
16. Amendments. This Agreement may be amended only by a
writing signed by all parties.
17. Assignment; Binding Effect. This Agreement shall be
binding upon and inure to the benefit of the parties, their
heirs, successors and assigns. Upon an assignment of this
Agreement by Subdivider, Subdivider shall be released of all of
its obligations hereunder and shall immediately obtain a
release of the LOC, provided that Subdivider's assignee shall
have provided to the Town a Letter of Credit or other adequate
security complying with the terms of this Agreement.
18. Fees. In accordance with the Town's Subdivision
Regulations;-for the review of the Sketch Plan, Preliminary
Plans, and Preliminary Plans, and Final Plats (with 55"lots)
are hereby paid in full and accepted by the'Town in the amount
of S 1,565.00,, .
19. Additional Fees. Additional fees shall be assessed'
to Subdivider from time to time to cover inspection of the
Improvements. Said fees shall be at a rate of $30.00/hj;..and
are estimated to total $ 5,100.00.
20. Subdivision Final Plat Approval. The Town hereby
approves the Subdivision of'final plat of Eagle Bend
Subdivision, subject to the terms and conditions of this
Agreement.
21. Indemnification. Subdivider shall indemnify and hold
harmless the Town and any of its officers, agents, and
employees against any losses, damages, claims and liabilities
to which the Town or any of its officers, agents and employees
may become subject insofar as any such losses, damages,, claims
and liabilities (or actions in respect thereof) arise out of or
are based upon any performance by Subdivider under the terms '
and conditions'of this Agreement; and Subdivider shall
reimburse the Town (directly or through the LOC) for any legal
or other expenses reasonably incurred by the Town in connect=ion
with the'investigation or defense of any such losses, damages,
claims or liabilities or with the enforcement of the provisions
of this Agreement. This indemnification provision shall be .in
addition to any other liability which Subdivider may otherwise
have.
22_. Governing Law. - This Agreement shall be governed by
the laws of the State of Colorado.
23. Counterparts. This Agreement may be executed in
counterparts, all of which together shall constitute one and
the same Agreement.
-6-
IN WITNESS WHEREOF, the parties have executed this
Agreement as of the day of 1986.
Town of Avon, a Colorado municipal
corporation
Attest: By:
Allan Nottingham
Patricia J. Doyle
Town Clerk
.Eagle Bend, a Colorado general
partnership
By: Laurkar Investments (Colorado) Inc.,
a Colorado corporation
By:
ACCEPTED AND APPROVED:
Stonebridge Cluster Homeowners'
Association, a Colorado non-profit
corporation.
By:
Eaglebend-Duplex Homeowners'
Association, a Colorado non-profit
corporation
By:
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L' v7- i 1, i f l
SUBDIVISION IMPROVEMENTS AGREEMENT
EAGLE BEND SUBDIVISION
1. Repair erosion damage and correct drainage to prevent
additional damage at northwest corner of bridge;
2. Increase pavement width at south end of bridge to
conform with bridge width;
3. Remove temporary lighting and electrical from bridge and
roadway;
4. Construct roadway shoulder to match pavement at
northwest corner of bridge;
5. Install stop sign at intersection of. Eaglebend Drive and
Stonebridge Drive;
6. Bridge acceptance would be subject to inspection under
state programs and correction of noted deficiencies;
7. Regrade, shape and compact shoulders along Eaglebend
Drive from Station 1 + 46 to intersection with
Stonebridge Drive;
8. Repair pavement damage along southerly side of Eaglebend
.Drive near Station 2 + 75;
9. Regrade ditch north side of Eaglebend Drive in area
around Station 13 + 50;
10. Repair Eaglebend Drive shoulder damage at-hydrant
located near Station 15 + 25;
11. Clean entrance to culvert located at Station 15"+ 95
Eaglebend Drive;
12. Provide erosion protection for drainage easement between
Lots 18 and 19, Filing No. 1;
13. Correct drainage deficiencies along north side. Eaglebend
Drive between Stations 16 + 00 and 18 + 00;
14. Repair shoulder and rip rap drainage ditch along north
side Eaglebend Drive between stations 18 + 75 and 20 +
25
15. Regrade drainage ditch along north side Eaglebend Drive
between Stations 21 + 00 and 22 + 00 to obtain drainage
to the west;
16. Raise fire hydrant located near Station 29 + 00 to
proper elevation;
17. Regrade shoulder along north side. Faglebend Drive-in the
vicinity of Station 29 + 50 to obtain cross section per
plans;
18. Raise fire hydrant located near Station 19 + 50 to
proper elevation;
19. Regrade drainage ditch along north side Eaglebend Drive
to provide positive drainage for area across from Lot
10, Filing No. 1.
SUBDIVISION IMPROVEMENTS AGREEMENT
EAGLE BEND SUBDIVISION
CONSTRUCTION COST ESTIMATE
4.1) Accel/Decel No. 1 at Stonebridge Drive:
12" aggregaate base course & shoulder
1452 tons @ 8.13/ton $11,805
5" asphalt lanes
528 tons @ 26.85/ton 14,177
lh" overlay
271 tons @ 26.85/ton 7,276
24" CMP
60 LF @ 19.44 1,166
Guardrail
390 IF @ 16.90 6,591
Terminations for guardrail
2 each @ 492.38 985
$42,000
4.2) AC/DC No. 2 at Nottingham Sand & Gravel
12" aggregate base course & shoulder
1002 tons @ 8.13 $ 8,046
5" asphalt lanes
472 tons @ 26.85 12,673
lh" overlay
418 tons @ 26.85 11,233
$31,952
4.3) Cul-de-Sac at Eaglebend Drive
Structural fill
611 cy @ 6.00/yd $ 3,667
6" aggregate base course & shoulder
116 tons @ 8.13/ton 943
3" asphalt lanes
89 tons @ 26.85/ton 2,390
$ 7,000
4.4) Fencing and landscaping along north R.O.W. line
Eaglebend Drive
Additional fill in ditch (material on hand)
202 cy @ 2.00/cy $ 404
2' rock drain
58 tons @ 23.95/ton 1,389
Fence construction
New: 580 IF @ 12.00 6,960
Reface: 1507 IF @ 9.00 13,563
Seeding
11,313 SF @ 0.09/SF 1,018
Irrigation
Lump sum 11000
Trees and shrubs
Mountain Sumac,34/each @ 42. 1,428
Cottonless Cottonwood,2'each @ 174. 348
Spruce,9 each @ 210. 11890
$28,000
4.5) Road repairs
Lump sum $ 51000
J
r .
SUBDIVISION IMPROVEMENTS AGREEMENT
EAGLE BEND SUBDIVISION
THIS AGREEMENT, made and entered into this - day of
1986, by and between Eagle Bend, a Colorado general
partnership ("Subdivider") and the Town of Avon, State of
Colorado, a municipal corporation, by and through its Town
Council ("Town").
.WHEREAS, Subdivider, as a condition for approval of the
final subdivision plat of Eagle Bend Subdivision
("Subdivision"), desires to enter into a-Subdivision
Improvements Agreement with the Town; and
WHEREAS, Subdivider has been requested by the Town to
provide security or collateral sufficient to insure the
completion of certain public improvements hereinafter
described; and
WHEREAS, Subdivider desires to provide such collateral by
means of a letter of credit; and
WHEREAS, Subdivider has provided for the collection and
treatment of sewage by'theUpper Eagle Valley Sanitation
District, a Colorado quasi-municipal corporation, with said
District assuming responsibility for sewage collection and
treatment; and
WHEREAS, Subdivider has provided for a source of domestic
water by the Eagle-Vail Metropolitan District, a Colorado
quasi-municipal corporation, with said District assuming
responsibility-for domestic water service and fire protection.
NOW, THEREFORE, in consideration of the following mutual
covenants, conditions and promises, the parties agree as
follows:
1. Subdivision Improvements. Subdivider shall, at its
sole cost and expense-and in a good and workmanlike manner,
provide all materials and equipment for, and complete, the
following improvements:
1.1 Acceleration/deceleration lanes and guardrail on
U.S. Highway 6 at its point of intersection with
Stonebridge Drive ("Accel/Decel No. 1").
1.2 Acceleration/deceleration lanes and entrance on U.S. Highway 6 at the eiirance to
Nottingham Sand and Gravel ("Accel/Decel
No. 2").
1.3 Cul'-de-sac at the Western end of Eagle Bend
Road ("Cul-de-sac") .
1.4 Construction of a bike path across a portion
of Filing No. 4 ("Bike Path").
1.5 Completion of punch-list items on Eagle Bend
Road and Stonebridge Drive ("Road Repair"),
attached hereto as Exhibit 1.
1.6 Fence along railroad right-of-way and
landscaping along north side of Eaglebend
Drive("Fencing and Landscaping").
2. Applicable Standards. All of the Improvements and
all work incidental thereto shall be completed in compliance
with:
2.1 All final plat documents submitted prior to
or at the time of final plat approval;
2.2 All laws of the United States of America,
State of Colorado, Town of Avon, and its
respective agencies, affected special dis-
tricts and/or service districts; and
2.3 Such other designs, drawings, maps,
specifications, sketches and other matters
submitted by Subdivider to and approved by
any of the above-referenced governmental
entities.
The subdivision improvements shall be completed in accor-
dance with inspection procedures established by the Town and
the standards set forth above and shall be completed to the
reasonable satisfaction of the Town and shall not be deemed
complete until and accepted by the Town Council or said
Council's appointed designees.
3. Time.for Completion. The Improvements shall be
completed by the following dates: the Accel/Decel lanes
Cul de sac, and the Road Repair shall be completed by
November 15, 1986, the Bike,Path and Fencing and Landscaping
shall be completed by the earlier of (a) June 30, 1988 or
(b) the date of,the issuance of the certificate of occupancy
for the fifth building in Filing4 of Eagle Bend
Subdivision, which certificate of occupancy shall not be
issued until completion of such improvements and other
improvement required through the design review process or,
the posting of a letter of credit in an amount sufficient to
insure completion of such additional improvements in a form
resonably acceptable to the Town.
4. Cost of Completion. The estimated cost of the
Improvements is 1Y33.3,952, broken down generally as follows
and more particularly broken down on Exhibit 2 attached
hereto:
4.1 For Accel/Decel No. 1., the sum of $42,000.
4.2 For Accel/Decel. No. 2, the sum of $31,952.
-2-
4.3 For the Cul-de-sac, the sum of $7,000.
4.4 For the Fencing and Landscaping, the sum of
$28,000.
4.5 For the Road Repairs, the sum of $5,000.
5. Letter of Credit. As security for the completion
of the Improvements, Subdivider shall provide to the Town,
prior to the date of filing of the final plat of the Subdi-
vision, a letter of credit in the amount of $113,952,
("LOC") in form reasonably acceptable to the Town. The LOC
shall be maintained in an amount approximating, at all
times,.the estimated costs of the Improvements remaining to
be completed', plus ten percent retainage after any reduction
requested as herein provided. The cost of such uncompleted
Improvements shall be determined from time to time by
Subdivider from comparable-cost information provided by its
engineer or, if comparable-cost information is not
available, from estimates provided by its engineer, subject
to the reasonable approval of the,Town. Subject to the
terms of this paragraph and Subdivider's compliance with the
terms of this Agreement, Subdivider shall be entitled to
reduce the amount of the LOC upon completion of a portion of
the improvement, but not more often than monthly, in the
amount,-if any, of the cost of the portion of the project
completed on or prior to such Reduction Date, less.ten
percent as retainage. In the event that Subdivider shall
desire to obtain a reduction in the amount of LOC, it shall
submit to the Town Council a request for reduction
accompanied by documentation establishing the completion of
a portion of the project and the estimated cost of the
remaining uncompleted Improvements. The approval of the
Town shall be deemed given in the event that Subdivider does
not receive written notice of its disapproval with 30 days
after the date of its application for reduction. Any notice
of disapproval given by the Town shall specify with
particularity any deficiencies in the completed Improve-
ments: Upon its correction of such deficiencies, if any,
Subdivider shall be entitled to reapply for a reduction in
any amount of the LOC.in accordance with the terms of this
paragraph. Upon approval of such application, the LOC shall
be reduced to 110% of the estimated cost of remaining
uncompleted improvements. The Town shall be under no
obligation to reduce the amount of the LOC 'to less than 10%
of the original face amount thereof ("R.etainage") prior to
the end of the Warranty Period (as defined below) for the
last Improvement completed. Subject to.the provisions of
paragraph 8 below, the Town shall release the retainage at
the end of the Warranty Period for, and upon its acceptance
of, the,last completed improvement.
-3-
6. Omitted.
7. Completion of Improvements by Town. In the event
that the Town shall reasonably determine that Subdivider will
not, or is unable'to, timely construct any or all of the .
Improvements in accordance with applicable specifications, the
Town shall be entitled to draw upon the LOC in an amount
sufficient to complete such Improvements and apply the proceeds
for such purpose. It is specifically 'understood and agreed
that this provision is for the protection of the Town and does
not impose upon the Town any obligation to undertake
construction of any of the Improvements or to pay for the
construction thereof.
8. Warranty; Retainage. With the exception of the
Roadway Repairs and any work performed with respect to Eagle
Bend Road and Stonebridge Drive (the "Roadways"), Subdivider
warrants each Improvement (work and material) for a period of
one year after completion of such Improvement in a manner
satisfactory to the Town ("Warranty Period"). Acceptance by
the Town of all completed work shall not be unreasonably
withheld, and-shall occur upon the expiration of the Warranty
Period for the Improvement to be accepted. -The Retainage shall
constitute security for any and all claims that may be made
under this warranty, and shall be completely released by the
Town upon its acceptance of the last completed Improvement.
9. Roadways. The Roadways shall be dedicated
Town in the final plat of the Subdivision. Upon the
Subdivider after the first anniversary of the filing
final plat of the Subdivision, the Town shall inspect
Roadways and, if it should reasonably determine that
are needed prior to its acceptance of such roadways,
submit to Subdivider a "punch-list" of such repairs.
days after the date of Subdivider's request that the
inspect the Roadways or, if the Town shall submit a
to , the
request of
of the
the
repairs
shall
Within_ 30
Town
-4-
"punch-list".'bf-further required repairs within such 30-day
period, within 30 days after the completion of such further
repairs, the Town shall accept the Roadways.- The Town.shall
operate and maintain the Roadways from and after the date of
acceptance.
10. Highway Improvements Specifications. The
construction procedures for the Highway Improvements and the
Cut-de-sac shall be in accordance with detailed plans and
specifications approved by the Town as a part of the
Subdivision approval process.
11. No Addresses. As street addresses for the
Subdivision have not been determined, Subdivider- shall have no
obligation to indicate street addresses on the Subdivision
final plat unless the Town shall have provided such addresses
to Subdivider prior to filing of the final plat.
12. Stub'Out of Water Lines. Subdivider shall stub out
water_ service connections from the main water lines within the
road right-of-way so as to serve each lot without a road cut.
All other utilities shall be installed on the up-hill (cut)
side (wherever practicable), in the unpaved portion of the road
rights-of-way. It is anticipated that road cuts will be
necessary for all utilities from time to time, and that the
same shall be performed in accordance with Title 12 of'the Avon
Municipal Code.
13. Survey Work. Subdivider shall obtain the
monumentation of the external boundaries of the Subdivision and
boundaries of the blocks within the Subdivision in accordance
with Sections 38-51-101 et seq., C.R.S. 1973, as amended.
Steel pins.wiith metal caps set in 8" concrete monuments.shall
be set at all property corners within the Subdivision;,
provided, however, that such pins and caps shall be so set in
Filing No. 4 after completion of overlot grading. Concrete
monuments shall be set as shown on the final plat prior to
recording threof.
14. Irrigation. As and when the Metcalf Ditch is
diverted and piped, Subdivider shall provide adequate
irrigation to support trees presently growing along the Metcalf
Ditch.
15. Erosion Control. Temporary erosion control
facilities shall be iristalled.as needed during construction to
minimize surface water runoff and siltation. Such erosion
control facilities may include siltation settling basins, straw
bale dams, earthen or rock berms, etc. If excessive erosion
results from excessive water being discharged through culverts-
during the Subdivision development, Subdivider shall place
rip-rap to eliminate such condition.
-5-
16. Amendments. This Agreement may be amended only by a
writing signed by all parties.
17. Assignment; Binding Effect. This Agreement shall be
binding upon and inure to the benefit of the parties, their
heirs, successors and assigns. Upon an assignment of this
Agreement by Subdivider, Subdivider shall be released of all of
its obligations hereunder and shall immediately obtain a
release of the LOC, provided that Subdivider's assignee shall
have provided to.the Town a Letter of Credit or other adequate
security complying with the terms of this Agreement.
18. Fees. In accordance with the Town's Subdivision
Regulations, for the review of the Sketch Plan, Preliminary
Plans, and Preliminary Plans, and Final Plats (with 55 lots)
are hereby paid in full and accepted by the Town in the amount
of S 1,565.00,. .
19. Additional Fees. Additional fees shall be assessed
to Subdivider from time to time to cover inspection of the
Improvements. Said fees shall be at a rate of $30.00/hV.and
are estimated to total $ 5,100.00.
20. Subdivision Final Plat Approval. The Town hereby
approves the Subdivision of final plat of Eagle Bend
Subdivision, subject to the terms and conditions of this
Agreement.
21. Indemnification. Subdivider shall indemnify and hold
harmless the Town and any of its officers, agents, and
employees against any losses, damages, claims and liabilities
to which the Town or any of its officers, agents and employees
may become subject insofar as any such losses, damages, claims
and liabilities (or actions in respect thereof) arise out of or
are based upon any performance by Subdivider under the terms
and conditions of this Agreement; and Subdivider shall
reimburse the Town (directly or through the LOC) for any legal
or other- expenses reasonably incurred by the Town in connection
with the investigation.or defense of any such losses, damages,
claims or liabilities or with the enforcement of the provisions
of this Agreement. This indemnification provision shall be in
addition to any other liability which Subdivider may otherwise
have.
22.. Governing Law. This Agreement shall be governed.by
the'laws of the State of Colorado.
23. Counterparts. This Agreement may be executed in
counteLparts, all of which together shall constitute one and
the same Agreement.
-6-
IN WITNESS WHEREOF, the parties have executed this
Agreement as of the day of 1986.
Town of Avon, a Colorado municipal
corporation
Attest: By:
Allan Nottingham
Patricia J. Doyle
Town Clerk
Eagle Bend, a Colorado general
partnership
By: Laurkar Investments (Colorado) Inc.,
a Colorado corporation
By:
ACCEPTED AND APPROVED:
Stonebridge Cluster Homeowners'
Association, a Colorado non-profit
corporation.
By:
Eaglebend-Duplex Homeowners'
Association, a Colorado non-profit
corporation
By:
-7-
Exhibit 1
SUBDIVISION IMPROVEMENTS AGREEMENT
EAGLE BEND SUBDIVISION
1. Repair erosion damage and correct drainage to prevent
additional damage at northwest-corner of bridge;
2. Increase pavement width at south end of bridge to
conform with bridge width;
3. Remove temporary lighting and electrical from bridge and
roadway;
4. Construct roadway shoulder to match pavement at
northwest corner of bridge;
5. Install stop sign at intersection of Eaglebend Drive and
Stonebridge Drive;
6. Bridge acceptance would be subject to inspection under
state programs and correction of noted deficiencies;
7. Regrad.e, shape and compact shoulders along Eaglebend
Drive from Station 1 + 46 to intersection with
Stonebridge Drive;
8. Repair pavement damage along southerly side of Eaglebend
Drive near Station 2 + 75;
9. Regrade ditch north side of Eaglebend Drive in area
around Station 13 + 50;
1'0. Repair,Eaglebend Drive shoulder damage at hydrant
located near Station 15 + 25;
11. Clean entrance to culvert located'at Station 15 + 95
Eaglebend Drive;
12. Provide erosion protection for drainage easement between
Lots 18 and 19, Filing No. 1;
13. Correct drainage deficiencies along north side Eaglebend
Drive between Stations'16 + 00 and 18 + 00;
14. Repair shoulder and rip rap drainage ditch along-north
side Eaglebend Drive between stations 18 + 75 and 20 +
25
15. Regrade drainage ditch along north side Eaglebend Drive
between Stations 21 + 00 and 22 + 00 to obtain drainage
to„ the west;
16. Raise fire hydrant located near Station 29 + 00 to
proper elevation;
17. Regrade shoulder along north side Eaglebend Drive in the
vicinity of Station 29 + 50 to obtain cross section per
plans;;
18. Raise fire hydrant located near Station-19 + 50 to
proper elevation;
19. Regrade drainage ditch along north side Eaglebend Drive
to provide positive drainage for area across,~from Lot
10, Filing No. 1.
SUBDIVISION IMPROVEMENTS AGREEMENT
EAGLE BEND SUBDIVISION
CONSTRUCTION COST ESTIMATE
4.1) Accel/Decel No. 1 at Stonebridge Drive:
12" aggregaate base course-& shoulder
1452 tons @ 8.13/ton
5" asphalt lanes
528 tons @ 26.85/ton
1~" overlay
271 tons @ 26.85/ton
24" CMP
60 LF @ 19.44
Guardrail
39.0 LF @ 16.90
Terminations for guardrail
2 each @ 492.38
4.12) AC/DC No. 2 at Nottingham Sand & Gravel
12" aggregate base course & shoulder
1002 tons @ 8.13
5" asphalt lanes
472 tons @ 26.85
1h" overlay
418 tons @ 26.85
$11,805
14,177
7,276
1,166
6,591
985
$42,000
$ 8,046
12;673
11,233
$31,952
4.3) Cul-de-Sac at Eaglebend Drive
Structural fill
611 cy @ 6.00/yd $ 3,667
6" aggregate base course & shoulder
116 tons @ 8.13/ton 943
3" asphalt lanes
89 tons @ 26.85/ton 2,390
$ 7,000
4.4) Fencing and landscaping along north R.O.W. line
Eaglebend Drive
Additional fill in ditch (material on hand)
202 cy @ 2.00/cy $ 404
2' rock drain
58 tons @ 23.95/ton 1,389
Fence construction
New: 580 LF @ 12.00 6,960
Reface: 1507 IF @ 9.00 13,563
Seeding
11,313 SF @ 0.09/SF 1,018
Irrigation
Lump sum 11000
Trees and shrubs
Mountain Sumac,34 each @ 42. 1,428
Cottonless Cottonwood,2'each @ 174. 348
Spruce,9 each @ 210. 1,890
$28,000
4.5) Road repairs
Lump sum $ 5,000