TC Res. No. 1999-06TOWN OF AVON
RESOLUTION NO. 99-06
Series of 1999
A RESOLUTION APPROVING SUBDIVISION IMPROVEMENTS AGREEMENT AND
THE AMENDED PLAT OF CHAPEL SQUARE SUBDIVISION, A RESUBDIVISION OF
LOT 22 AND TRACT B-2, CHAPEL SQUARE SUBDIVISION, TOWN OF AVON, EAGLE
COUNTY, COLORADO
WHEREAS, Chapel Square, ILLC, a Colorado limited liability company, has submitted a
subdivision Improvements Agreement and Amended Plat of Chapel Square Subdivision, a
Resubdivision of Lot 22 and Tract B-2, Chapel Square Subdivision, Town of Avon, Eagle County,
Colorado; and
WHEREAS, the Subdivision Improvements Agreement and Amended Plat have been reviewed by
the Town Staff, and
WHEREAS, the Subdivision Improvements Agreement and Amended Plat of Chapel Square
Subdivision were found to be substantially in conformance with Title 16 of the Avon Municipal
Code; and
WHEREAS, the proposed subdivision complies with the requirements for consideration of Final
Plat.
NOW, THEREFORE BE IT RESOLVED BY THE_ TOWN COUNCIL OY THE TOWN OF
AVON, that the Subdivision Improvements Agreement and Amended Plat of Chapel Square
Subdivision, a Resubdivision of Lot 22 and Tract B-2, Chapel Square Subdivision, Town of Avon,
Eagle County, Colorado, is hereby approved by the Town of Avon subject to:
1. The completion of technical corrections as identified by Town Staff.
ADOPTED THIS 26 DAY OF January . - 1999.
TOWN COUNCIL
TOWN OF AVON, COLORADO
49 4
J Yoder, ~ a
ATTEST:.
Nash, Town Clerk
C:Wy nowmets\Devrev\Rcwbit ons\Chptup6.noc
SUBDIVISION IMPROVEMENTS-AGREEMENT
THIS AGREEMENT, made and entered into this lot day of May, 1999, by and
between CHAPEL SQUARE, LLC, a Colorado limited liability company, hereinafter referred to
as "Subdivider", and the TOWN OF AVON, a Colorado Municipality, by" and through its
Council, hereinafter referred to as the "Town."
WITNESSETH:
WHEREAS, Subdivider owns certain real property which has been approved by the
Town for resubdivision as the AMENDED PLAT OF CHAPEL SQUARE SUBDIVISION, A
Resubdivision of Lot 22 and Tract B-2, Chapel Square Subdivision, Town of Avon, Eagle
County, Colorado (the "Subdivision");
WHEREAS, Subdivider 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,
in connection with Subdivider's construction and dedication (the "Dedication") to the public of
an alley located behind Building B known as "Chapel Alley" (the "Alley') as set forth in that.
certain Amended Plat of Chapel Square Subdivision (the "Amended Plat") submitted by
Subdivider for approval by the Town (attached hereto as Exhibit A ;
WHEREAS, pursuant to the Avon Municipal Code, the Town desires to make reasonable
provision for completion of the Alley and certain public improvements (including Chapel Place)
("Improvements") by Subdivider as described in Exhibit B attached hereto and incorporated
herein by reference; and
WHEREAS, Subdivider has agreed to perform and complete the Improvements.
NOW THEREFORE, in consideration of the following mutual covenants, conditions, and
promises; the parties hereby agree as follows:
1. Subdivider agrees to complete and to bear all costs associated with the
construction of all of the Improvements in a good and workmanlike manner, including costs for
all equipment and material necessary to perform and complete all Improvements and work
incidental thereto, and shall construct the Improvements substantially in accordance with the
specifications and drawings as approved by the Town and as set forth in Exhibit B. The
construction of the Improvements shall substantially comply with 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, which approval and
acceptance shall not be unreasonably withheld or delayed.
2. The Town agrees to accept the Improvements in accordance with Exhibit B hereto
subject to the terms and conditions of this Agreement; provided, however, that pursuant to
Section 16.24.030 of the Avon Municipal Code, as amended, all Improvements shall be
completed and accepted by the Town within two (2) years of the date of this Agreement. Prior to
I IIIIII IIIII IIIIIII III mini III mini III IIIII 1111 IIII
696104 05/14/1999 03: 13P 469 -Saira - Ffs-h-6-0
the issuance of any new Certificate of Occupancy within the Subdivision, the Improvements shall
be completed and accepted by the Town or an alternative access route shall be designated and
maintained by Subdivider which allows full ingress and egress to and from the Subdivision at all
times.
3. Subdivider shall at all times prior to acceptance of all of the Improvements by the
Town give good and adequate warning to the public traveling on or within the Subdivision of
dangerous conditions existing in the Improvements and shall take reasonable steps to protect the
traveling public.from such defective or dangerous conditions. Until the completion and the
Town's acceptance of the Improvements, any portion of the Improvements not accepted as
improved shall be under the control of Subdivider for the purpose of this Agreement.
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 conduct
periodic inspections as it deems necessary to assure conformance with approved plans and
specifications. Subdivider shall pay the Town for additional fees reasonably incurred by the
Town for the cost of inspections by the Town of the Improvements, to the extent such fees do not
exceed five percent (5%) of the total construction costs of the Improvements. The amount of
such fees will be based on direct (out-of-pocket) costs of the Town plus fifteen percent (15%) of
such costs for administration.
5. 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.
6. The Town shall not, nor shall any officer, agent, or employee thereof, be liable or
responsible for any loss or damage or for any injury to any person or property resulting from or
arising out ofthe construction of the Improvements hereunder. Subdivider hereby agrees to
indemnify and hold harmless the Town, and any of its officers, agents, and employees against
any losses, claims, damages or liabilities to which the Town or any of its officers, agents, or
employees may become subject to (or actions in respect thereof) that arise out of, or are based
upon, any obligation of Subdivider hereunder. 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.
7. Subdivider shall deliver to the Town an irrevocable letter of credit issued by Bank
One Colorado, N.A. ("Letter of Credit") in an amount equal to one hundred and ten percent
(110%) of the estimated costs of completion of all Improvements as set forth on Exhibit C
attached hereto. The Letter of Credit shall be delivered to the Town prior to, or concurrently
with, recording of the amended final plat. Upon completion and the Town's acceptance of the
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Improvements, or any portions thereof as certified by Subdivider's engineer pursuant to
paragraph 4 herein, the entire amount remaining under the Letter of Credit, or the amount of any
completed and Town approved, portion of any Improvement, less those sums described in Section
9 below, shall be released.
Subdivider may at any time substitute the Letter of Credit deposited with the Town
pursuant hereto for another form of collateral including, without limitation, cash, securities, or
other property acceptable to the Town to guaranty the faithful completion of the Improvements in
accordance with the terms of this Agreement.
8. The Improvements shall be warranted to be free from defects in workmanship or
quality for a period of one (1)"year after the date of final acceptance of the Improvements by the
Town. In the event of any such defect, the Town may require Subdivider to correct the defect in
material or workmanship. In the event any corrective work is performed during the one year
warranty period, then the warranty on such corrected work shall be extended for one (1) year
from the date on which it is completed and accepted by the Town.
9. Upon completion and acceptance of the Improvements by the Town, and before
release of the Letter of Credit as provided in Paragraph 7, Subdivider shall deliver to the Town
an irrevocable Letter of Credit (or other form of security acceptable to the Town) issued by Bank
One Colorado, N.A. in an amount equal to 10% of the verified cost of the Improvements. The
funds represented by such Letter of Credit shall be available to the Town solely to enforce the
warranty provision of paragraph 8 hereto in the event Subdivider fails to perform its obligations
thereunder. Upon expiration of the warranty period of the Improvements, the Town shall release
the entire amount of the Letter of Credit (or other security).
10. After the Letter of Credit has been released and all Improvements accepted by the
Town and the applicable warranty period expires, Subdivider's obligations under this Agreement
shall be satisfied, provided that, however, Subdivider shall continue to have the sole
responsibility for the reasonable maintenance of the Alley, including snow removal. Nothing in
this Agreement shall be construed to relieve Subdivider of any obligations incurred pursuant to
the Agreement for Dedication and Maintenance of Public Roadway between the parties dated
September 17, 1998.
11. This Agreement may be amended from time to time, provided that such
amendment is in writing and signed by all parties hereto.
Allll IIIII 1111111 III NIIIII III 1111111 III IIIA IIII IIII
1396104 05/14/1999 MOP U9 Sere Fisher
The parties hereto have executed this Agreement as of the date above written.
TOWN OF AVON, A COLORADO
MUNICIPAL CORPORATION
By: - -
or
I I~~III ~~II~ I'll'll~ ~II II'I"I I~I IIIII~I III "I~I IIII I"I
696104 05/14/1999 03:15P 469'Sa-a Fisher
5 of 14 R 71.00 D 0.00 W 0.00, Eagle CO
4
ATTEST:
Town Clerk
ARE, LLC, a Colorado
j company
STATE OF COLORADO I IIIIII IIIIIIIIIIII III IIIIIII III INS III III IIII IN
696104 03/14/1999 03:15P 469 Sara Ftaher
)ss. 6 of 14 R 71.00 D 6.46A 0.00 Eagle CO
COUNTY OF EAGLE )
The foregoing instrument was hereby acknowledged before me on this day of
,1 999, by as Mayor, and
as Town Clerk, of the Town of Avon.
My commission expires:
Notary Public
STATE OF COLORADO )
Bs" <cev ) ss.
COUNTY OFE-- )
The foregoing instrument hereby acknowledged before me this 7* day of
,1999, by ~--LO , by Leo Palmos, Manager of Chapel
~Yl gLtd V1,
Square, LC, a Colorado limited liability company.
My commission expires: N.,
4-7 otary Public ` =
EXHIBIT A
THE AMENDED PLAT OF CHAPEL SQUARE SUBDIVISION
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EXHIBIT B
CONSTRUCTION PLANS FOR THE EK-PROVEMENTS
Plans submitted in conjunction with Building Permit number 97-1-0454 dated July 1,
1997 and as amended by Revised Plan Sheets:
C1 Site Plan revised September 2, 1997
C2 Grading and Drainage Plan revised September 2, 1997
C3 Drainage and Grading Plan revised September 2, 1997
C4 Utility Plan revised September 2, 1997
C5 Details revised June 10, 1997
C6 Details revised June 10, 1997
11111111111111111111111111111111111111111111111111111
696104 05/14/1999 ft-:15P 469 Sara Fisher-
9 of 14 R 71.6i D 0.00-N 0.06 Eaile CD '
7
EXHIBIT C
ESTIMATED COST OF THE 1WROVEMENTS
IIIIII ICI IIIIIII 1111101111 11111111111111111111 IN
696104 05/14/1999 03:15P 469 Sara Fisher
10 of 14 R 71.00 D*6.00 N 0.00 Eagle Cd
8
ETION CONSTRUCTION COMPANY
6M1 SCIMPok U WA
1A Colorado OD120
(3M 773-800 FAX . 221.8158
Jamary 25, 1999
Mt. Don Schaper
Chapel Squaw, L.L.C.
2775 Iris Avecie,
B=idet CO 80304
Rcf- Chapel Alley and Chapel Place Fstizz=
Cbapei Square
Avon, Colorado
BtWm Job No. 97014
Dear Doe:
Log No. 97014-20S_
Revs aed per A. Stbap&
Attached is the es6m m you regaested on the com action ousts for C6apd May aad Cbapei Rue. Ms
estimate does nat include any additiotrat money for out-of-segneace ommmmdad or special mobilizations.
r hope this satisfies your needs. Please call me if you Dave any quesdous.
Y.
Co COw"y
David C.
ProjectMaaager 1111111 IIIII 1111111 III 1111111 III 1111111111111111 III IN
DU,-psr 696104 03/14/1999 03-ISP 469 Sara Fisher
11 et 14 R 71.00 D 0.00 N 0.00 Eagle CO
Fared L2"9
oe: Ch=
File
Field (F=cd M"9)
Mario Claday -Chapel S? ra ' L.L.C. (Fzwd b2M9)
Caren KuU#al ® 303-449,5426 (Faxed L2S/p9)
Norm Wood - Town of Avon (Faxed V2"9)
ULM Matzko - Town of Avon (Fazed V2SN9
111111 11111 1111111 111 Ilr~ill ~'i 1111111 III 111111 III IIII = ,
696104 05/14/1999 03:13P 469 Sara Fisher
12 of 14 R 71.00 D 0.00 N 0.00 Eagle CO
rr~rrr.
CHAPEL SQUAFX
E°1= JOB NQ 9M4
CEI PEL ALLEY PSTAUTE
COlI~I];TBD To Colee~TB
3" asphalt pav,
$ 46,200
S 6,930
$ 53,130
6" mad base
18,200
2.730
20,930
Subecade prep
3,780
567
4.347
Cart and gaffer
33,750
2,700
36.450
, CBAPEL ALLM SUBTOTAL
01930
13 27
15.357
CSAPEL PLACE B97M ,TE
~030'LETLD
TO C'0114~LETS
OT
3" asphalt pavi:tg
$ 0
$ 27,489
$27,489
10" road bast
0
16,660
16,660
SnbgmdaP F
0
2,249
2,249
Curb and gut,t
0
16,020
16,020
Demoritioa at Mascu* -
0
40,000
40,000
and heal-oiT
0
14,300
14,300
Asphalt demo and removal
0
4,686
4,686
Site Main (uat city s
0
25,000
25,000
Titmd" -
0
13,000
13,000
Davao eaastmg stair and disposo
0
2,000
2,000
Tku re=vai
0
1.000
11000
Sttipmg
0
250
250
Cium PLUM SUBTOTAL
S _ D
$162454
62 654
CONSTRUCITONSMOTAL
MUM-
S176.091
S279.011
BOA& aid Iak=ce
$ 2,039
$ 3,522
$ 5,561
Contr=ctar's Fee
5,606
91685
15,291
General, Caaditians
7.135
12,325
19.460
OMP SMTOTAXS
14,780
S 2&M
40J12
TOTALS
$116,710
$201,613
5318,323
Contin=c:y @ 1590
17.507
0.242
47,749
GRAND ZVL4M
111111 I111111111I111111 Mild 111111111111 IN
696104 05/14/1999 03:15P 469 Sara Flehe~
13 of 14 R 71.00 D 6.00 N 0.00 Eagle CO
lWXF4LMJL licit
CHAPEL SQU M
ZTEMMOB NOs 97014
CTUPM ALLh;Y ESTIlVIATE
3" a=hn
P~8
e mad base
SnbFade PM
Curb and w mw
8
CBAPBI.ALLzySQBTOm
CHAPEL PLACE ESTIMATE:
3" asphalt paving
10° mad bane
Subgrade PAP
Curb and games
De aoHd= at MaSu*
Bxcmvauda aad heal-off
Asph& demo and =moval
Site limblin g (nac city standard)
utmd a
Douro castiag sb& and dispose
Tree reclaw
CHAPEL PUCQ SMMTAL
CONSTRUCTION SUBTOTAL
Bonds and Iasaraaca
Caa48ctvf3 FCC
C==Zl Candid
OH&P SUBTOTAW
TOTALS
Coatiagcncy @ 15%
GRAND TOTALS
$ 53,130
20,930
4,347
36,450
goo
TOM
$2!,499
16,660
2,2€9
16,020
40,000
14,300
4,696.
25,000
13,000
2,000
1,000
- so -
34
78 0u
$ 3,551
15,291
4a i2
$318,323
47.749
AmtOWLEDGMENT OF g;NC`ROAL'mVIEN'lC
Chapel ~Sgvare, LLC Developeej has dedicated to the Town of Avan a pablic alley
laiown as Chapel Alley pursuant to the Subdivision Improvement Agr~caent exeartad on
May ,1999. Certain impiavenients constructed = property owned by Developer encroach
into Chapel Allcy.
The Town of Avon a mowledges and accepts the Encroachment of existing
improvements into Chapel Allay, consisdag of the patio. Am' elL ourbin& sidewalks,
laadscapin& and. other exterior feattzres of the building adjacent to Chapel Alley, provided
such improvements do not interfere with the free chudi tton of vehi Ww time through
Chapel Alley. The encroachment of existing improvements shall be shown on the
Condominium Map of the building adjacent to Chapel Alley as approved by the Town of
Avon.
TOWN OF AVON
Y YO YOR
0
oi-
Sfa~y Mays, bcYufi~ -rowN CJ~r~
111111 III 1909 IV 1111111 nl wllll III HIM III IN
696104 0114/- ' 0315P 460 $aqraflsher
14 of 14 R 71.8i D i.06 N 0,00 Eagle CO