TC Res. No. 1990-434b 0
RESOLUTION 90 - 43
SERIES OF 1990
A RESOLUTION APPROVING FINAL PLAT OF WILDRIDGE ACRES,
BEING A REPLAT OF LOTS 13, 14, AND 15, BLOCK 2,
WILDRIDGE SUBDIVISION, TOWN OF AVON, EAGLE COUNTY,
COLORADO
WHEREAS, Robert Kedrowski has submitted a Final Plat of
Wildridge Acres, being a replat of Lots 13, 14, and 15, Block 2,
Wildridge Subdivision, Town of Avon, Eagle County, Colorado; and
WHEREAS, the Final Plat has been reviewed by Town Staff;
and
WHEREAS, the Final Plat was found to be substantially in
accord with the Subdivision Regulations of the Town of Avon; and
WHEREAS, the proposed subdivision complies with the re-
quirements for consideration of a Final Plat.
NOW, THEREFORE, BE IT RESOLVED, by the Town Council of
the Town of Avon, that this Final Plat of Wildridge Acres, being a
replat of Lots 13, 14, and 15, Block 2, Wildridge Subdivision is
hereby approved by the Town of Avon, subject to:
1. The completion of technical corrections as identified
by the Twon Engineer.
2. The completion and execution of all certificates to
the satisfaction of the Town Attorney and the review
of the Subdivision Protective Covenants and Subdividers
Agreement by the Town Attorney prior to filing with
the Clerk and Recorder of Eagle County.
ADOPTED AND DATED THIS / DAY OF &&.t.C 1990.
TOWN COUNCIL
TOWN OF AVON
Allan R. ottingh
*TbBAW
OF ~AL
IRREVOCABLE LETTER OF CREDIT
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NO 14 VAIL ROAD
VAIL, COLORADO 81657 303476-5688
DATE: November 15, 1990
AMOUNT: $55,000.00
NUMBER: 857-9679
EXPIRATION: July 9, 1991
Town of Avon
P.O. Box 975
Avon, CO 81620
Gentlemen:
We hereby open our Irrevocable Letter of Credit in your favor available by your
drafts drawn on the FirstBank of Vail, 17 Vail Road, Vail, Colorado 81657, at
sight for any sum not exceeding the total of FIFTY-FIVE THOUSAND AND N01100
($55,000.00) on the account of KED,Development.
Each draft must bear upon its face the clause, "Drawn Under Letter of Credit No.
857-9679 dated November 15, 1990 of FirstBank of Vail, Vail, Colorado." Each
draft must be accompanied by a statement executed by the Town Manager stating the
following:
"KED Development has not completed the construction of the
improvements in the Wildridge Subdivision, Block 2, Town of Avon,
County of Eagle pursuant to the approved plans and the Subdivision
Agreement."
OR
"As of June 15, 1991, KED Development has not provided an extension
to December 1, 1991 of Letter of Credit No. 857-9679 issued by
FirstBank of Vail, nor have they provided a separate Letter of
Credit issued in form acceptable to the Town of Avon."
We hereby agree that drafts drawn under this Letter of Credit and in compliance
with the terms, shall be promptly honored if presented to FirstBank of Vail on
or before July 9, 1991.
S' ,
rk R. Ristow
Executive Vice President
MRR/km
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This Agreement, made and entered into this _Z 7!e day of November,, 1990, is by and
between Robert A. Kedrowd d and Barbara J. Kedrowdd dba KED Development, a sole
proprietorship ("Subdivider'), and the Town of Avon, Eagle County, State of Colorado, a
municipal corporation, by and through its Town Council. ("Tow" WITNESSETH:
WHEREAS, the Subdivider, as condition for approval of the final plat of WMidge
Acres, a resabdivision of Lot 13, 14, and 15, Block 2, Wildridge Subdivision, desires to
enter into a Subdivider Agreement with the Town;
WHEREAS, the Subdivider has made application to and received approval from Upper
Eagle Valley Sanitation District, a quasi-municipal corporation under the laws of the
State of Colorado, for the collection and treatment of sewage;
WHEREAS, the Subdivider has made application to and received approval from Avon
Metropolitan District, a quasi-municipal corporation under the laws of the State of
Colorado, for domestic water service and fire protection; and
WHEREAS, the Subdivider will make reasonable efforts and provisions for completion
of certain public improvements ('Improvements") set forth In Exhibit "A" attached hereto
and made a part hereof.
NOW THEREFORE, in consideration of the following mutual covenants, conditions
and promises, the Subdivider and Town agreed hereby as follows:
1. Improvements. Subdivider hereby agrees, at its sole cost and expense, to
furnish all equipment and material in a good workmanMe manner necessary to perform
and complete the Improvements on or before one handred eighty (180) days from
substantial completion of the twelfth (12th) and final residential dwetllag unit or
December 1, 1991, whichever is earlier, the public Improvements set forth on Exhibit "A"
and to complete all work incidental thereto according to and In c:omprmnee with the
following:
(a) All public improvements shall be installed in accordance with the plats
and specifications as reasonably approved by the Town.
(b) All final plat documents submitted prim to or at the time of final plat
approval
(c) All laws of the United States of America, State of Colorado, Town of
Avon and its respective agencies, affected special districts and/or service d[stricts,
(d) Sack other designs, drawings, maps, specifications, sketches and other
matter submitted by Subdivider to and approved by any of the above-referenced
governmental entities. All said work shall be done under the inspection procedures
and standards as established by the Town, shall be to the satisfaction of the Town
acid shall not be deemed complete until approved and accepted by the Town Council
or said Council's appointed designee.
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The estimated cost of the Improvements is the sum of $55,025.00, as set forth below:
Roads: KED Spur
Shepherd Ridge $45,000.00
Gas/Cable 2,550.00
Telephone 1,225.00
Sewer/Water completed
Under pound Electrical Lines completed
Lot pins, field staking, tests/miseellsneoas
Subtotal 500025.00
Plus 10% (Security deposit) _5,000,
TOTAL ,.m
2. ,S y. Subdivider agrees to provide financial se iv ity to the Town in a form
acceptable to and in an amount equal to 110°.6 of the estimated costs of the
Improvements as provided in Paragraph 1 above. The Subdivider shall provide the
necessary security in the form of either payment and performance bonds, with an
approved surnety company, a letter of credit, or certificate of deposit, until completion of
the improvements and acceptance by the Town.
As the Subdivider completes the Improvements as per the approved plans and
specifications, and upon inspection and acceptance of the same by the Town, the Town
shall partially release the applicable bonds, letter of credit, or certificate of deposit in an
amount not to exceed the construction costs as specif.'Ied in Paragraph i above of those
improvements inspected and accepted, and shall promptly return the same to the
Subdivider: provided, however, the Subdivider shall deposit with the Town the necessary
security during the warranty period as provided in Paragraph 4 below.
If the Town reasonably determines the Subdivider has not or will not construct the
Improvements in accordance with the approved plans and specifications or if the
Subdivider has not completed the Improvements on or before one hundred eighty (180)
days from substantial completion of the twelfth C12th) and final residential dwelling unit
or December_ 1, 1991, whichever is earlier, the Town may (without being required) take
whatever steps as are necessary to complete the Improvements and draw upon the
applicable bonds, letter of credit, or certificate of deposit for restitution for its
reasonable costs and expenses.
3. mf adin. The Subdivider hereby agrees to indemnify and hold harmless
the Town, Its officers, agents, and employees against any and all losses, claims, damages,
and liabilities in which the Town or any such officer, agent or employee may become
subject to, insofar as any losses, claims, damages, or liabillties for acdons in respect
thereof, that arise out of - or are based upon any performance by Subdivider hereunder.
This indemnification shall indemnify against all costs and expenses reasonably iuemred in
connection with the defense of any claim, action, snit or proceeding (whether civil,
administrative, criminal, or other) in which the Town, its officers, agents, or employees
may be involved as a result of the Subdivider's actions, direct or indirect, including court
costs and reasonable attorneys fees.
4. W. Gvb&vider warrants all week and material for a period of twelve
(12) months from the day of completion and acceptance by the Town of the
Improvements. Subdivider shall provide the Town, as security during the warranty period,
a letter of credit, certificate of deposit, or payment and performance bonds in an amount
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to be reas amably determined by the Town. Immediately upon the expiration of the twelve
(12) month warranty period and the satisfactory completion of those 00mvtims to
improvements as may be required by the Town, and the Town then reaffirms its
acceptance of the improvements, the Town shall then return all things of value to the
Subdivider. Said wanwty period shall commence immediately upon the Town receiving
certification from the Subdivider's enghwer tlmt all Improvements are completed and in
conformance with the approved plans and specifications, and upon the Town's inspection
and approval of the same.
Subdivider agrees that any maintenance to the improvements as required by the
Town's Inspection shall be promptly completed. Subdivider agrees that for those items
repaired during the warranty period, an additional twelve (12) month period shall apply.
5. Ace-eptance. Upon completion and receipt from the Subdivider's engineer that
all improvements were completed in accordance with the approved plans and
specifications, and upon the Town's inspection and approval of the same, the Town agrees
to accept all roads or segments thereof and to operate and maintain said roads
thereafter. Acceptance by the Town of all completed work shall not be unreasonably
withheld. Maintenance of roads, other then snow removal, shall remain the responsibility
of subdivider during the Warranty Period as defined in Paragraph 4 above.
6. Construction. The construction of the Improvements shall follow all
pros dcxuses and specifications as provided In the plans attached as Exhibit "A."
7. Addresses. The final street addresses for Wildritip Acres have been assigned
by the Town of Avon and are included on the final plat.
8. Subdivider shall obtain the mffimmentstion of the external boundaries
of the subdivision and boundaries of the blahs within the subdivision in accordance with
Sections 38-5-101, et seq., C.R.S. 1973, as amended.
9. aF os oni Temporary erosion control facilities shall be installed daring
construction of improvements to minimize surface water runoff and siltation. Control
facilities may inelude siltation settling basins, straw bale dams, c a tnen or rock berms,
etc.
10. Non-Reliance. The covenants, motions and promises of Sutbdivider as
provided herein shall remain in favor of the Town. No third party shat[ have a right
(unless so assigned by the 't'own to such third party) to require or claim any benefit from
this Agreement, nor shall any third party have a right to require the Town to take any
action or refrain from any action regarding the terms and conditions of this Agreement.
11. Eam All applicable fees, in aecordenee with the Town's subdivision
regulations, Title 16, Avon Municipal Code, for the review of Prelirnhmy Plans and Final
Plats are hereby paid in full and accepted by the Town in the amount of $490.00.
Subdivider agrees to pay any additional fees, as armed by the Town, for inspection
of the construction of the improvements.
12. Awmal. The Town hereby approves the subdivision rsW plat of Wildridge
Acres, subject to the teems and conditions of this Agreement.
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STAVE OF COLORADO )
COUNTY OF EAGLE )
ne foregoing his&umeet was wed sworn to before me this _ day of
November, 1990, by Barbara J. Kid, of KED Development, a
sale proprietorship.
Notary Public
My Uarnrrias M expires February 1, 1994 Bmdness Address: glt-x t c.44,
Z4562001-13
rev. 10/31/90
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IN WITNESS WHEREOF, the panties have hereunto set their hands and seals the day
and year fug above written.
TOWN OF AVON,
STATE OF COLORADO
W-
B:
M
KED DEVELOPMENT
STATE OF COLORADO
COUNTY OF EAGLE
ss.
The foregoing instrument was gibed and sworn to before me this 14th day of
November, IM, by Allan R. Nottingham , Mayor of the Town of Avon, Colorado, on
behalf of the Town of Avon.
My Cofimission expin:s Jwse 19,1991
Notary Public
Business Address: 400 Benchmark Rd.
[SEAL) Avcn, CO 81620
STATE OF COLORADO
COUNTY OF EAGLE
ss.
The foregoi ug instmment was subscribed and swool to before me this ~ day of
November, 1890, by Robert A. Se& wsiu, V-L EA" of KED Development, a
sale prvrMX -1 .
Q .
My commission expires February 1, 1994
Notary Pabno
Bnsiaess Address:
4 ° -7
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