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TC Res. No. 1995-33TOWN OF AVON RESOLUTION NO. 95-33 SERIES OF 1995 A RESOLUTION APPROVING THE FINAL PLAT AND SUBDIVISION IMPROVEMENTS AGREEMENT FOR NOTTINGHAM STATION. PUD AMENDMENT NO. 2, A RESUBDIVISION OF LOT 3, NOTTINGHAM STATION, TOWN OF AVON, EAGLE COUNTY, COLORADO WHEREAS, Canyon Run, LLC and Avon Crossing, LLC have submitted a Final Plat and Subdivision Improvements Agreement for Nottingham Station, PUD Amendment No. 2, A Resubdivision of Lot 3, Nottingham Station, Town of Avon, Eagle County, Colorado; and WHEREAS, the Final Plat andSubdivision Improvements Agreement were found to conform with the Preliminary Plat for Nottingham Station, PUD Amendment No. 2, A Resubdivision of Lot 3, Nottingham Station, as approved by Resolution No. 95-18; and WHEREAS, the Final Plat and Subdivision Improvements Agreement were found to be in general conformance with the Subdivision Regulations of the Town of Avon. NOW, THEREFORE, BE IT RESOLVED, by the Town Council of the Town of Avon that the Final Plat and Subdivision Improvements Agreement for Nottingham Station, PUD Amendment No. 2, A Resubdivision of Lot 3, Nottingham Station, Town of Avon, Eagle County, Colorado, is hereby approved by the Town of Avon, subject to the completion of following prior to the recording of the Final Plat: 1. Completion of technical corrections as identified by Town Staff, 2. Submission of executed documents for dedication of strong public access easement, or dedication of Tract C to the Town of Avon for public open space; 3. Submission of executed documents for dedication of appropriate easements or rights-of-way for Hurd Lane, across Lot 1 and Tract B, Eaglebend Subdivision, Filing No. 4; and 4. Submission of an irrevocable letter of credit as stipulated in Subdivision Improvements Agreement as collateral for completion of improvements as required by Section 16.24. 100 of the Avon Municipal Code. ADOPTED THIS 13TH DAY OF JUNE, 1995 TOWN COUNCIL TOW OF AVON COLORADO Albert J. Reyn s, M t~p Patty Neyhar CMC Town Clerk 06-09-1995 03:32AM FROM WRBT TO 9499139 P.02 suwxvISION IwRovmamTs AGRSEbffiQT THIS AGREEMENT, made and entered into this day of 1995, by and between Canyon. Run LLC, a Colorado 11 limited liability company, as Tenants in Common with Avon Crossing LLC, a Colorado limited liability company, hereinafter referred to collectively as "Subdivider", and the Town of Avon, a Colorado Municipality,'by and through its Council, hereinafter referred to as "the Town." WITNESSETH: WHEREAS, Subdivider, in connection with the approval of the final plat for Nottingham Station P.U.D., Amendment No. 2, a Resubdivision of Lot 3, Nottingham Station, Eagle County, Colorado (the "Subdivision"), desires to enter into a Subdivision Improvements Agreement with the Town as provided for by Section 16.24.100 of the Avon Municipal Code, as amended; and WHEREAS, pursuant to said Code, the Town desires to make reasonable provision for completion of certain public improvements ("Improvements") set forth in Exhibit A attached hereto and by reference incorporated herein; and WHEREAS, Subdivider has agreed to be responsible for the performance and completion of the Improvements. NOW THEREFORE, in consideration of the following mutual covenants, conditions, and promises, the parties hereby agree as follows: 1. Subdivider agrees to furnish all equipment and material necessary to perform and complete, in a good and workmanlike manner, all Improvements and work incidental thereto as set forth in Exhibit -A. Subdivider further agrees that it will be responsible for all costs related to said work. All said work shall be performed substantially in accordance with the construction specifications and drawings as approved by the Town. All work shall be done under the inspection procedures, and standards established by the Town, shall be to the reasonable satisfaction of the Town, and shall not be deemed complete until approved and accepted by the Town. 2. The Town agrees to the approval of the Subdivision subject to the terms and conditions of this Agreement; provided; however, that in the event that the final plat of the Subdivision is not recorded in the real property records of Eagle County, Colorado on or before December 31,'1995, this Agreement shall become null, and void and of no further force or effect and approval of the Subdivision shall be automatically rescinded. Furthermore, pursuant to Section 16.24.030 of the Avon Municipal Code, 'as amended, all improvements shall be completed within two (2) years of the date of the Town's approval of the final plat of the Subdivision. TOTAL P.02 06-06-1995 02:27AM FROM WRBT TO 9499139 P.03 3. Subdivider shall at all times prior to acceptance of the roadway by the. Town give good and adequate warning to the traveling public of each and every dangerous condition existent in said roads and shall protect the traveling public from such defective or dangerous conditions. Until the completion of all the Improvements herein agreed to be constructed, roads not accepted as improved shall be under the charge of subdivider for the purpose of this Agreement; and Subdivider may close all-or, a portion of any street or road within the Subdivision whenever it is,necessary to protect the traveling public during the construction or installation of the improvements herein agreed to be made. 4. Upon completion of portions of the Improvements, Subdivider will cause its engineers (who shall be registered in the State of Colorado) to certify in writing that the installation of the Improvements, or portions thereof as may be completed from time to time, have been completed in conformance with all standards, drawings and specifications as submitted to and previously approved by the Town. Inspection reports, test results and other supporting documentation shall be submitted with the certification. The Town may provide periodic inspections as it deems necessary to assure conformance with approved plans and specifications. Fees in accordance with the Town's subdivision regulations for the review of preliminary plans and final plats have' been paid in full. Additional fees shall be paid to the Town by Subdivider to cover the cost of inspections by the Town. These additional fees will not exceed five percent (5%) of the total construction costs. The fees will be based on direct (out-of-pocket) costs of the Town plus fifteen percent (15k) of said costs for administration. 5. Subdivider agrees to commence construction of. the Improvements prior to'the issuance of a building permit for any .lot in the Subdivision. Commencement of construction of the Improvements shall be deemed to mean the award and execution of contracts for the completion of the improvements. Subdivider agrees that construction of all Improvements shall be completed prior to the issuance of a certificate of occupancy, except for any items which the Town expressly agrees, in writing, may be completed after the issuance of a certificate of occupancy. 6. Subdivider agrees that in the event it shall fail to perform its obligations as set forth herein, the Town shall be under no obligation to'complete or perform any of the Improvements or to issue permits for development within the Subdivision. 7. The Town shall not, nor shall any officer, agent, or employee thereof, be liable or responsible for any accident, loss or damage related to the work specified in this Agreement, nor shall the Town, nor any officer, agent, or employee thereof, be liable for any persons or property injured by reason of the nature of said work. All of said liabilities are hereby assumed- by Subdivider. Subdivider hereby agrees to indemnify and hold 2 66-08-1995 02:27AM FROM' WRBT TO 9499139 P.04 harmless the Town, and any of its officers, agents, and employees against any losses, claims, damages or liabilities to which the Town or any of its officers, agents, or employees may become subject to, because of any losses, claims, damages or liabilities (or actions in respect thereof) that arise out of, or are based upon, any obligation of Subdivider as hereinbefore stated. Furthermore, Subdivider shall reimburse the Town for any and all legal or other expenses reasonably incurred by the Town in connection with investigating or defending any such loss or claim. S. (a) Subdivider shall deliver to the Town an irrevocable letter of credit issued by Norwest Bank, Colorado, N. A. in an amount equal to one hundred and ten percent (110%) of the estimated costs of completion of all Improvements. The estimated costs of completion of all improvements is set forth on Exhibit 8 attached hereto. Said letter of credit shall be delivered to the Town prior to, or concurrently with, recording of the final plat. The Town agrees that on a monthly basis, subsequent to the Town's approval of work on the Improvements, the Town will approve construction draws for the Subdivision. Provided that Subdivider submits a schedule of work completed no later than the first of the month, the Town shall consider the approval at its first monthly council meeting. Upon the approval of such construction draws, the letter of credit amount shall be reduced by the amount of such draw; provided, however, that-in no event will any such reduction cause the amount remaining under said letter of credit to be less than `an amount equal to one hundred and ten percent (110%) of the estimated costs of completion of all remaining Improvements. Upon completion of all work related to the Improvements and the Town's acceptance of the Improvements, the entire amount remaining under the letter of credit, less those sums described in Section 9 below, shall be released. (b) Subdivider may at any time substitute the letter of credit deposited with the Town pursuant hereto for another form of collateral acceptable to the Town to guaranty the faithful completion of the Improvements and the performance of the terms of this Agreement. 9. The improvements shall be warranted to be free from defects in workmanship or quality for a period of one (1) year after acceptance of all work by the Town. In the event of any such defect, the Town may require Subdivider to correct the defect in material or workmanship. An amount equal to ten percent (10k) of the total actual cost of completion of all Improvements shall be retained under the letter of credit during such one (1) year period as a guaranty of performance of any work required pursuant to the above-described warranty. In the event any corrective work is performed during the one year warranty period then the warranty on said corrected work shall be extended for one (1) year from the date on which it is completed. Subdivider agrees to allow one hundred and twenty-five percent, (125%-) of the cost of any corrected 3 06-08-1995 02:28AM FROM WRBT TO 9499139 'P.05, GRANT OF EASBM MT THIS GRANT OF EASEMENT made and entered into this day of 1995, by Canyon Run LLC, a Colorado limited liability company ("Canyon Run") and Avon Crossing LLC, a Colorado limited liability company ("Avon Crossing") (Canyon Run and Avon Crossing collectively, "Grantor") for the purposes of granting an open space easement to The Town of Avon; a'Colorado Municipality ("Grantee"), WITNESSETH: WHEREAS, Grantor is the owner of certain real property situate in Eagle County, State-of Colorado (referred to herein as "Tract C"), more particularly described as follows: Tract C, Nottingham Station P.U.D., Amendment No. 1, a Resubdivision of Lot 3, Nottingham Station. WHEREAS, Grantor desires to grant a nonexclusive open space easement to Grantee for Tract C, subject to the terms and conditions hereafter set-forth. NOW, THEREFORE, in consideration of. the covenants-herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree' as follows: 1. Grant of Easement. By this Grant of Easement, Grantor grants and conveys to Grantee for itself and its successors and assigns a nonexclusive, perpetual easement across, through and over Tract C (the "Easement") to Grantee for Grantee's use of Tract C as described herein. Grantee's use of the Easement shall be restricted exclusively to open space and recreational uses, and shall not unreasonably interfere with Grantor's use of Grantor's adjacent property for residential purposes. 2.. Covenants Running With the Land. The benefits and burdens of this Easement will run with the land and will bind and- benefit-Grantor, Grantee, and their respective successors and, assigns. 3. Indemnify and Hold Harmless. Grantee shall indemnify and hold harmless Grantor from and against any liability for injury or death of any person or damage to any property, caused, by any action of Grantor in connection with the Easement. In case Grantor shall, without default'on its part, be made a party to any litigation commenced by or against Grantee, or incur any legal expenses (including attorney fees) or other costs for which it is to be indemnified hereunder, Grantee shall protect and hold Grantor harmless and pay all costs, penalties, charges, damages, expenses, and reasonable attorney's fees incurred or paid by Grantor. 06-08-1995 02:28AM FROM WRBT TO 9499139 P.06 4. Reversion. At such time and in the event that the Easement shall be abandoned, Grantee's interest in the easement shall revert, to Grantor. 5. Countemarts. This agreement may be executed in counterpart _ copies which when taken together will evidence the agreement of the parties. 6. Governing Law. This agreement will be governed by and interpreted in accordance with the laws of the State of Colorado. GRANTOR: AVON CROSSING LLC, a Colorado limited liability company By: By: SHAPIRO DEVELOPMENT CO., a Colorado corporation, Manager CANYON RUN LLC, a Colorado limited liability company BY= Jerry B. Landeck, Executive vice President GRANTEE: ATTEST: Town-Clerk TOWN OF AVON, A COLORADO MUNICIPAL CORPORATION By: Mayor 2 06-08-1995 02:29AM FROM WR&T TO 9499139 P.07 STATE OF COLORADO ) ) SS COUNTY OF EAGLE ) The foregoing instrument was acknowledged before me-this. _ day of , 1995, by , as of Avon Crossing LLC, a Colorado limited liability company. WITNESS my hand and official seal: My Commission Expires: Notary Public STATE OF COLORADO ) )ss COUNTY OF EAGLE ) The foregoing instrument was acknowledged before me this day of , 1995, by Jerry B. Landeck as. Exedutive Vice President of Shapiro Development Co., a Colorado corporation, the Manager of Canyon Run LLC, a Colorado limited liability company. WITNESS my hand and official seal: My Commission-Expires: Notary-Public 3 66-08-19% 02:29AM' FROM WRBT TO 9499139 P.08 STATE OF COLORADO SS COUNTY OF EAGLE ) The foregoing instrument was acknowledged before me this day of 1995, by' as mayor, and as Town Clerk, of the Town of Avon. WITNESS my hand and official seal: My Commission Expires: Notary Public A-&. ftC=y. do 4 06-09-1995 02:29AM FROM WR&T TO 9499139 P.09 Recorded at o'clock 115., Reception Na Recorder SPECIAL WARRANTY DEED THM DEED, Made this day of .1995 between Canyon Run LLC, a Colorado limited liability company and Avon Crossing LLC, a Colorado limited liability company' Ccnyar- Eagle of the . Sttue of Colorado, patter(s) and The Town of Avon, a Colorado municipality whoselegala&kmis P.O. Box 975 Avon, CO 81620 of the County of Eagle , Stan of Colatado, gmw*sk WrftC S M That the Vaalo *1 for and in consideration of the som of Ten Dollars and other good and valuable consideration-a---------------------- DOLLARS, Iho tooeipa and SuMdeaey of whi -b htacby atdmowledgod, ha Ye sumd, bargaiaod, sold and oonvcyod, and by these presents do giant, b=Pin, s4 convey. and o fi m. tmto the smnw*) its suecesiffLd assips forcm all Uu rW proputy, =Vas a with improvements, if ac% shnau, lying and being in Wo County of Eagle . Slue of Cd=doq desalbed as foitowx Tract C, Nottingham Station, P.U.D. amendment No. 2, a Resubdivision of Lot 3, Nottingham Station.. accbrditng•.to• tRe Plat thereof recorded 199.5 in Book at Page The subject property is restricted exclusively to open space and recreational uses and its uses shall not unreasonably interfere with Grantor's use of Grantor's adjacent property for residential purposes. also (mown by street and number ac TOGSTJBER wM all and sia®otar the hcmauameats and appurte thereto bdonging or in mywise a➢portaiaing, and Utn reversion nerd rev== 4 remainder ad rmoaindtxs, teats. aid Wd" thero0E nerd alt the amu. tight, tith:, "weeca claim aM demand whaawwr of the 9a>a01(s), either in taw or equitl of, in nerd w the above bargained premise; with the heko91 meets and spportenanmn TO HAVE AND TO HOLD the said premises above bargained and dosaibcd with the apow mawm umo ft its sue andauwsfem-Tbcwanto*).fw them selves , their stlccees oS rS a a do Coven= and agttx that they shall and will WARRANT AND FOREVER DEFEND the abovohatp=d'pse,= is the quiet arsd pta>cmble powesdon Crum gcante ftits suece rs assign4 apical all and every pemon to Pmum chiming the whole or any part thctwf by. Ll wu& order dw aanw*i IN WTLNESS WHERFAF. the gmwc*) bs Ve mcutcd this deed oa Utc date act knh above. AVON CROSSSNG LLE, A COLORADO LIMITED LIABILITY COMPANY B SWE OF COLORADO , Manager Cagy of Eagle The forming insteameat was adsowledgod before me this day of ,19 95 by as Manager of Canyon Run LLC, a Colorado limited liability company and as manager of Avon Crossing LLC, a Colorado limited liability company. Wan= my hand w d O&W seat My commission -lr= D==; insect "Chy nerd. CANYON RUN LLC, A COLORADO LIMITED LIABILITY COMPANY. By: ,Manager NMYPWMC Nt==dAdd=ttfAnt=0= tnit3vWyC WLehiDoawom4383u043rcRsJ No. I& RM 6.91. SMCUL WAU Mtrl7t DYED BtaditdPArwhitts 1743 Wsae St„ Vww%CO MM-(303)191~2500-3.90 Norm Wood May 18, 1995 Page 2 of 2 EXHIBIT A Construction of Hurd Lane from Lot 2, Nottingham Station to the Cul-De-Sac at Eaglebend Drive, main line utility extensions for sewer, water, gas, electric, telephone, and cable television. A multi use path, with lighting, will be constructed from Eaglebend Drive to Avon Road. The Metcalf Ditch will be relocated and enclosed in a 36" pipe. These improvements are delineated on the following drawings prepared by Inter-Mountain Engineering Ltd: SHEET NO. DESCRIPTION DATE 1 of 10 Cover Sheet 5/18/95 2 of 10 Existing Conditions 5/18/95 3 of 10 Grading & Drainage Plan 5/18/95 4 of 10 Hurd Lane Plan 5/18/95 5 of 10 Hurd Lane Profile 5/18/95 6 of 10 Shallow Utilities 5/18/95 7 of 10 Water & Sewer Plan 5/18/95 8 of 10 Sewer Profile 5/18/95 9 of 10 Metcalf Ditch Enclosure 5/18/95 10 of 10 Details 5/18/95 A Draft Construction Cost Estimate is attached. 06-08-1995 04:15AM FROM WRBT TO 9499139 P.02 work, as estimated and approved by the Town, to be retained under the letter of credit for a period of one (1) year from the date of completion of the corrected work. 10. This Agreement may be amended from time to time, provided that such amendment is in writing and signed by all parties hereto. 11. In the event of a lawsuit arising out of the terms of this Agreement, the prevailing party shall be entitled to court costs and reasonable attorney's fees. 12. This Agreement and the obligations hereof shall be deemed to be covenants running with the land and shall be binding on the successors and assigns of the parties hereto. The parties hereto have executed this Agreement as of the date above written. TOWN OF AVON, A COLORADO MUNICIPAL CORPORATION ATTEST: Town Clerk By: Mayor AVON CROSSING LLC, a Colorado limited liability company By: CANYON RUN LLC, a Colorado limited liability company By: SHAPIRO DEVELOPMENT CO., a Colorado corporation, Manager By: Jerry B. Landeck, Executive Vice President 4 06-08-1995 04:15AM FROM WRBT TO 9499139 P.03 STATE OF COLORADO ) ) SS COUNTY OF EAGLE ) The foregoing instrument was acknowledged before me this day of 1995, by , as Mayor, and , as Town Clerk, of the Town of Avon. WITNESS my hand and official seal: My Commission Expires: Notary Public STATE OF COLORADO SS COUNTY OF EAGLE ) The foregoing instrument was acknowledged before me this day of 1995, by as of Avon Crossing LLC, a Colorado limited 1iabi 'i company. WITNESS my hand and official seal: My commission Expires: Notary Public STATE OF COLORADO ) )ss COUNTY OF EAGLE ) The foregoing instrument was acknowledged before me this day of , 1995, by Jerry B. Landeck as Executive Vice President of Shapiro Development Co., a Colorado corporation, the Manager of Canyon Run LLC, - a Colorado limited liability company. WITNESS my hand and official seal: My commission Expires: Notary Public /agsW=an. do L-~ TOTAL P.03 Nottingham Station ENGINEERS COST ESTIMATE PUBLIC IMPROVEMENTS ITEM ITEM NO. DESCRIPTION 1.0 GENERAL 1.1 Mobilization 2.0 EARTHWORK 2.1 Remove Topsoil 2.2 Unclassified Excavation 2.3 Embankment 2.4 Demolition 3.0 HURD LANE 3.1 Fine Grade 3.2 Class 6 Road Base Roadway (8") Multi Use Path (4") 3.3 4" Asphalt Paving 3.4 W Asphalt Paving 3.5 Curb & Gutter 3.6 Crosspan 3.7 Drive Apon 3.8 Concrete Sidewalk 4.0 WATER SYSTEM 4.1 12" DIP Water Main 4.2 6" DIP Water Main 4.3 Meter Vault 4.4 Fire Hydrant 5.0 DRAINAGE 5.1 36" HDPE Pipe 5.2 36" CMP Pipe 5.1 24"X38" RCP Pipe 5.2 30" HDPE Pipe 5.3 24" CMP Pipe 5.4 Headwall 5.5 Type 13 Inlet 5.6 Manhole Inter-Mountain Engineering, Ltd. 2:56 PM 6/5/95 UNIT TOTAL QUANTITY UNIT PRICE COST 1 L.S. $3,000.00 $3,000.00 1620 C.Y. $2.00 $3,240.00 5900 C.Y. $3.00 $17,700.00 1050 C.Y. $3.50 $3,675.00 1 L.S. $2,500.00 $2,500.00 5444 S.Y. $1.50 $8,166.00 2222 TONS $17.00 $37,774.00 622 TONS $17.00 $10,574.00 1052 TONS $42.00 $44,184.00 429 TONS $42.00 $18,018.00 2740 L.F. $15.00 $41,100.00 640 S.F. $12.00 $7,680.00 336 S.F. $12.00 $4,032.00 760 S.F. $12.00 $9,120.00 1495 L.F. $55.00 $82,225.00 75 L.F. $35.00 $2,625.00 1 EA $60,000.00 $60,000.00 4 EA $2,200.00 $8,800.00 151 L.F. $47.00 $7,097.00 76 L.F. $40.00 $3,040.00 67 L.F. $47.00 $3,149.00 1043 L.F. $40.00 $41,720.00 24 L.F. $30.00 $720.00 3 EA $300.00 $900.00 7 EA $2,000.00 $14,000.00 7 EA $2,000.00 $14,000.00 Page 1 of 2 NOTTPUB.XLW Inter-Mountain Engineering, Ltd. 2:56 PM 615/95 6.0 MISC. 6.1 Street Lights 33 EA $4,000.00 $132,000.00 6.2 Retaining Wall improvements at West end of Bike Path 1 LS $1,500.00 $1,500.00 TOTAL ESTIMATED COST $582,539.00 L.S. = Lump Sum EA = EACH S.Y. = Square Yard C.Y. = Cubic Yard L.F. = Linear Foot Page 2 of 2 NOTTPUBALW