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TC Res. No. 2002-20796833 (~I I1 Page: 1 of 2 I ! I I~ I 05/28/2002 01:53p' Sara J Fisher Eagle. CO 370 R 10.00 D 0.00 - - - - - -TOWN OF AVON- - Z RESOLUTION NO. 02-20 Series of 2002 A RESOLUTION APPROVING FINAL PLAT AND SUBDIVISION IMPROVEMENTS AGREEMENT FOR THE VILLAGE (at Avon) FILING 2, TOWN OF AVON, EAGLE COUNTY, COLORADO WHEREAS, Buffalo Ridge Affordable Housing Corporation, a Colorado nonprofit corporation, Buffalo Ridge .II LLLP and Traer Creek LLC, the owner of the applicable portion of The Village (at Avon) has filed a Final Plat and Subdivision Improvements Agreement for The Village (at Avon) Filing 2, Town of Avon, Eagle. County, Colorado for approval in accordance'with Chapter 16.20 of the Avon Municipal Code; and WHEREAS, on November 13, 2001, the Town held a public hearing at which it received evidence and testimony concerning the Preliminary Plan for The Village (at Avon) Filing 2, at the conclusion' of which the Town Council considered such evidence and testimony and approved the Preliminary Plan by adoption of Resolution No. 01-34; and WHEREAS, the Final Plat is in general conformance with the Preliminary Plan as approved by Resolution No. 01-34; and WHEREAS, the Final Plat is subject to the terms and conditions of the Annexation and Development _Agrpernefit dated October 13; 1998''and any, amendments or modifications thereto; and WHEREAS, the Final Plat is subject to the terrris'and conditions of the P.U.D. Development/ Sketch. Plan dated. October 13; 1998 and,, any amendments or modifications thereto; and WHEREAS, the attached Subdivision Improvements Agreement and associated public improvement plans provides for the construction„ of the, public improvements required for development of,The Village (at Avon) Filing 2 Subdivision',and the securities to assure completion of the publip, improvements as. required, by Section 16.24.100 of the Avon Municipal Code. C:\WINDOWS\Temporary Internet Files\OLK4322\Res 02-20 Final Plat.Doc 1 I jjjjj~ f 796833 I I Page: 2 of 2 05128/2002 01:53P III,I • Sara J Fisher E.gie, CO 370 R 10.00 D 0.00 NOW, THEREFORE, BE IT RESOLVED-BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, that the Town hereby finds and determines that the Final Plat and Subdivision Improvements Agreement for The. Village (at Avon) Filing 2 is in general conformance with the,Preliminary Plan as approved by Town of Avon Resolution No. 01-34 and other applicable development laws, regulations and policies of the Town of Avon and hereby approves the same subject to completion of technical corrections as identified by Town Staff prior, to recording of Final Plat and the submission to and acceptance by, the Town.,,of Avon, of the following items prior to the issuance of any permits or start of any construction within the subdivision: A. Irrevocable Letter of Credit or other acceptable security in an amount of not less than $2,440,635.00 to assure completion of Subdivider public improvements; and B. Approved construction plans; specifications and related documents for construction of public improvements as identified in Subdivision Improvements Agreement Exhibits A and B; and C. Revised Debris Flow Mitigation Report conforming to Memo dated April 18, 2002, from Leslie'Hope of High C6untryEngineering; and D. Written approval of emergency access and fire hydrant spacing-by Eagle River Fire Protection District; and- E. Written approval of plans for water and sewer facilities by Eagle River Water & Sanitation District; and F. Written approval by applicable utility companies of construction plans for utility services including electric, natural gas, telephone and cable TV. ADOPTED THIS dDAY OF April 2002. TOWN COUNCIL TOWN OF AVON, COLORADO ATTES E A L n I ..Y UIV '1,c" J Yoder r C:\WINDOWS\Temporary Internet Files\OLK4322\Res 02-20 Final P1at.Doc 2 SUBDIVISION IMPROVEMENTS AGREEMENT THIS AGREEMENT, made and entered into this *J5j day of April, 2002, is by and among BUFFALO RIDGE AFFORDABLE. HOUSING CORPORATION, a Colorado nonprofit corporation and BUFFALO RIDGE II. LLLP, a Colorado limited liability' limited partnership (collectively "Subdivider"), and the TOWN OF AVON, a Colorado municipality, by and through its Council (the "Town".). RECITALS WHEREAS, Subdivider, in connection with the approval of the final plat for The Village (at Avon) Filing 2, consisting of approximately 138.469 acres in, Section 12, T. 5 S., R. 82 W. and Section 7, T. 5 S., R. 81 W., of the 6th P.M., Town of Avon, 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 (the "Code"); and -WHEREAS, pursuant to the Code, the Town desires to make reasonable provisions for completion of certain public improvements (the "Improvements") set forth in Exhibit A attached hereto and incorporated herein by reference; and WHEREAS, the Subdivider is responsible for the performance and completion of the Improvements and the parties desire to set forth their agreement with regard to compliance with the same; and WHEREAS, the Town and Subdivider are parties to those certain bond issuance and HUD insured financing documents ("HUD Financing") pertaining to the financing and construction of the Buffalo Ridge Apartments. AGREEMENT NOW THEREFORE, in consideration of the following mutual covenants, conditions and promises, the parties -hereby agree as follows: 1. Final Plat Approval. The Town agrees that upon compliance with all other conditions of approval, and subject to the terms and conditions of this Agreement, the Final Plat of The Village (at Avon) Filing 2 ("Final Plat") shall be promptly filed for record with the Office of the Eagle County Clerk and Recorder;. 2. . Completion of Work. (a) Performance. Subdivider agrees to furnish all equipment, .labor 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 796332 fI !I, I, F2cn' 1 of 16 514415.10 CI .35 '2 ct , 20,02 5; Sa-a J ;her cac'e. C. g= p 3Y1.el0. D 0 00 agrees that it will be responsible for all costs of Improvements. All said work shall be performed in accordance with the construction plans and specifications as submitted to and approved by the Town prior to commencement of construction of Improvements. All Improvements shall be completed within twenty-four (24) months of the date of the Town's approval of the Final Plat for the Subdivision. (b) Inspection Procedures. (1) All work shall be done under the inspection procedures and standards, established by the Town, shall be subject to the reasonable satisfaction of the Town and shall not be deemed complete until the reasonable approval and acceptance of the Improvements by the Town. (2) Designation of Inspectors. Prior to commencement of construction work on the Improvements, the Town shall designate the individuals or independent third' parties employed by the Town who are authorized to inspect - the - construction of the Improvements. Such inspections by the Town shall not relieve Subdivider or its agents from any- responsibility or obligation to assure that all work is completed in conformance with all, standards, plans and specifications as submitted to and previously approved by the Town. (3) Cost of Inspections. The cost of such inspections, whether by Town _ employees or an independent third party inspector, shall be paid by Subdivider and subject to the limitations set forth in paragraph 8 below. (4) Notice of Non-Compliance. In -the event that the Town, through the inspectors, reasonably determines that the Improvements are not in compliance with the pre-approved construction plans and specifications, it shall -give written notice of such non-compliance to Subdivider ("Notice of Non-Compliance'). The Notice of Non-Compliance shall include a narrative.4escribing the unsatisfactory construction work with specific reference to the applicable. construction plans. and specifications.. The Notice of Non-Compliance must be provided to Subdivider within two (2) working days of the date of the inspection. 3. Security for Completion of Improvements. (a) Securi To secure completion of the Improvements, Subdivider hereby agrees to secure its respective obligations under this Agreement with Collateral in accordance with Section 16.24.100 of the Code. Collateral shall be one or a combination of the followings - cash or its equivalent; securities of acceptable value; letter of credit; bond (for warranty period only); and land of acceptable value by deed of trust. (b) Substitution of Securi ty. Subdivider may substitute' another form of collateral acceptable to the Town "in place of the forms of security set forth above in order to guaranty the faithful completion of the Improvements and the performance of the terms of this Agreement. 7962832 I ii I Page. of 1E 514415.8 52- Sara : Fishe- Eagle CO BS R $0.f~~ D 0 41~ 4. . Subdivider Improvements. (a) Security for Completion of Subdivider's Improvements: Subdivider shall deliver to the Town irrevocable letter(s) of credit issued by a reputable financial institution or other collateral acceptable to the Town and consistent with Section 16.24.100 of the Code in an amount equal to one hundred percent (100%) of the estimated cost of completion of Subdivider's Improvements set forth on Exhibit. B. The Town hereby acknowledges that the Final Plat for the Subdivision may be recorded prior to the closing of the HUD Financing, but Subdivider acknowledges and agrees that if the HUD Financing has not closed and the letter(s) of credit or. other collateral. acceptable to the Town has not been delivered to the Town within 15 days, after recordation of the Final Plat for the Subdivision, either Traer Creek LLC ("Traer Creek"), a Colorado limited liability company, the current owner of the real property covered by the Final Plat of the Subdivision or the Town shall have the unilateral right to vacate the Final Plat for the Subdivision. (b) Progress Payments on Subdividers. Improvements.. Subdivider agrees. that a separate schedule of values for the Improvements shall be included in the construction contracts for the Buffalo Ridge Apartments. The Subdivider may make progress payments to its contractors on a monthly basis upon-(i) the partial completion of itemized improvements for which cost estimates have been set forth in Exhibit B and upon written request to the Town including an itemized statement and certification of the . Subdivider of completion and acceptance of itemized improvements by Subdivider's engineer, and (ii) the written approval of the Town or its designee; provided, however, if the Town fails to respond to a disbursement request within seven (7) days such request will be deemed approved. The itemized statement and certification by the Subdivider shall certify that all work for which progress payments have been requested has been completed in accordance with the approved plans and specifications. Upon the approval of such progress payments, the amount of collateral shall be reduced by the amount of such payment; provided, however, that in no event will any such reduction cause the amount of remaining collateral to be less than an amount equal to one hundred percent,. (100%) of the estimated costs of completion of all remaining Subdivider's Improvements. Such progress payments shall be disbursed to the contractor in accordance with the construction contract executed for the construction of the Improvements and approved in connection with the HUD Financing; provided, however, retainage often percent (10%) shall be withheld with respect to all disbursements until the Improvements have been completed. Upon completion of all work. related to. Subdivider's improvements and the Town's acceptance of the completion of Subdivider's Improvements, the entire amount of remaining collateral, less the amounts or other security described-in-paragraph 5, shall be released. (c) Default by Subdivider. In the event of a default in whole or in part by Subdivider, the Town shall be authorized to take all such actions necessary or desirable to enforce its rights hereunder for the purpose of undertaking completion or remediation work on the Improvements after providing thirty (30) days' advance written 796832 514415.8 I 1 I~ ' i { Page 3 of 16 Is I i (1, ( 05/26120-?!2 0 i ' S2P Sara J =ts`er ~aaie CO °5 R &0.00 0 0 00 notice of default and providing an opportunity during such period for Subdivider to cure the default. 5. Warranty Period. 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 the work by the Town. In the event of any such defect, the Town may require Subdivider to correct the defect in material or workmanship. The amounts for completion of all warranty work on Subdivider's Improvements shall be secured by a dual obligee bond ("Bond") in form' ..approved by the Town, from the subcontractor constructing the Improvements; naming Subdivider and Subdivider's prime contractor as obligees, in the amount of one hundred percent (100%) of the cost of such corrective work, to be held by the Town during such one (1) year warranty period, as a guaranty of performance of any work required under the above-described warranty. In the event any corrective work is performed during the one (1) 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. The Bond shall be maintained for the entire warranty period: - 6. Condition of Public Dedicated Roadways. The Subdivider shall at all times prior to. acceptance of any publicly dedicated roadways within the Subdivision by the Town give good and adequate warning to the traveling public of each and every known 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 and control of the Subdivider for purposes of this Agreement; and the 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. 7. Engineering Certification. 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, plans 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. 8. Subdivision and. -Inspection Fees. 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 within thirty (30) days after delivery of written invoice for such fees to cover the cost of inspections by the Town. The fees will be based on direct (out-of-pocket) costs of the Town plus an administrative fee in the amount of fifteen (15%) percent of the direct costs, but in no event will the total amount of such additional fees exceed 'five percent (5%) of construction costs. ; I II I i; 11 ( I Page: 4 of 15 514415.8 L ~0S; ZU , Sara J Fisler Eagle 00 R S0,00 nZQ4.©gL ~ .52+~ 9. No Obligation of Town to Complete Improvements. 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 said Improvements. No one, individually or otherwise, other than the Subdivider; shall acquire, as a result of this Agreement, any rights, claims or obligations from or against the Town, its agents, employees or officers. Actions by the Town against Subdivider to enforce any provision of this Agreement shall be at the sole discretion of the Town. No third parties shall have any rights to require any action by the Town pursuant to this Agreement; and this Agreement shall not create a liability on the part of or be a cause of action against the Town, for any personal or property damage that may result to any third parties from the failure of the Subdivider to complete the Improvements herein specified. 10. Non-Liability of Town; Indemnification. 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. To .the extent permitted by law, 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, because of any losses, claims, damages or liabilities (or actions in respect thereof) that arise out of, or are based upon, any acts or omissions in the performance of the obligations of Subdivider, as hereinbefore stated, but not with regard to any losses, claims, damages or liabilities to which the Town or any of its officers, agents or employees.may be subject and resulting . from the Town's gross negligence or willful misconduct. 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, unless it is determined that such claim resulted from the gross negligence or willful misconduct of the Town. 11. Rights of Town in Event of Default. In the event that Subdivider defaults in, whole or in partin the performance of this Agreement, and after the expiration of thirty (30) days after having given written notice to Subdivider of such default during which period of time the Subdivider failed to correct said default, the Town may, at its sole discretion, proceed with the construction or completion of the Improvements specified on Exhibit A. All such costs paid by, the Town for such Improvements, together with all costs of personnel, equipment and other matters expended by the Town in furtherance of the construction responsibilities of Subdivider, shall, be paid by Subdivider. Any such costs relating to the Subdivider Improvements, which have not been reimbursed by Subdivider, shall be alien on any property in the Subdivision owned by Subdivider at, the time of default. Said lien may be foreclosed in the same manner as a mortgage and shall entitle the Town to add its costs and reasonable attorneys' fees in such foreclosure or other collection. Without limiting the foregoing, the Town may, bring a mandatory injunction action. against Subdivider to require installation and construction of the improvements, if not constructed within the time limits described' in this Agreement. If any such action is brought by the Town, the Town shall be awarded its. court costs and reasonable attorneys' fees. 796832 I ] i ! I 1I,~ i'I ! I Page: r'. G i.~5 514415.8. Or / 8 ! R,C.}c)? 4 1 : 52a R Sara J = Is ,er Ea51e CQ B9 8CJ . ¢0 12. Letter Certifvin2 Completion and Final Acceptance of Improvements. When all Improvements have been. completed and accepted by the Town, and the Warranty Period has expired, the Town agrees that it will issue a letter, in recordable form, certifying that all obligations of Subdivider under this Agreement have been satisfied. 13. -Amendments. This Agreement may be' amended from time to time, provided that such amendment is in writing and signed by all parties hereto. 14. Covenants Running with the Land. 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. 15. Acquisition of Property and Non-Liability of Traer Creek. Subdivider hereby discloses and the Town hereby acknowledges that Subdivider does not currently own any portion of the real property shown on the Final Plat for the Subdivision. Subdivider has contracts to acquire portions of the real property covered by the Final Plat contemporaneously with the closing of the HUD Financing from Traer Creek. The Town agrees that Traer Creek shall have no liability or obligation under, this Agreement and shall look solely to Subdivider for performance hereunder upon its acquisition'of title to any portion of the real property covered by the Final Plat. executed this Agreement as of the date first above written. TOWN OF AVON, a Colorado municipal corporation ATTEST: Sid *✓r-- By: G~ M oror BUFFALO RIDGE AFFORDABLE HOUSING CORPORATION, a Colorado nonprofit corporation 514415.8 796832 I , ~1, ► t ► Il,, 0agz~;S W2 01 7" Sara J Fisher Eagle 00 99 R 80.00 0 0.00 APP OVE AS TO FORM: i To Attorney Title: U %4-A5 ~r►ES BUFFALO RIDGE II LLLP,. a Colorado limited liability limited partnership BY: CORUM BUFFALO RIDGE LLC, a Colorado limited liability company, General Partner Byt% 'ck, III, Managing BY: . WIlVTERGREEN HOMES - BUFFALO RIDGE LLC, a Colorado limited liability company, General Partner (!Jeffery .Span 1, Manager The undersigned hereby consents to the execution and recording of the Final Plat for the Subdivision and this Agreement. TRAER CREEK LLC, a Colorado limited liability company Sara .1 Fishe- EaBie CC 99 By: N e: k(Aw l wows vm Title: MowiA% mac. (1 `96832 ! Paq, Cf 16 ell :52P P, 30.0 D ~ @9 7 514415.8 STATE OF COLORADO )ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of O 2001ba, by kd~ as of e o of Avon, a Colorado municipal corporation: Witness my hand and official seal. My commission expires: My commission C s~:,~s y . e • 1 •7 M~'., a a 1 n ^ ~ Not Publ c STATE-OF COLORADO ) )ss. COUNTY OF ) The foregoing instrument was acknowledged before me this o?'day of 200 by J6fkeA VV,, J as ~ r o Buffalo Ridge Affordable Corporation, a Colorado nonprofit corporation. J~► Y!/N~ 9 Witness my hand and official seal. •N O T A R y My commission expires: a - X11LIle' Notary Public , 1 i1j ``i ► i' ` ' 795832 - 111 Pil 111111 i~~. ~ II ~ it j!jf!i i00 P~ge: 8Of :F Sara J Fivier Eag!e. Ili , 10i d,ql 80~.lo~2w~~~t~S2.P 8 514415.8 STATE OF COLORADO ) )ss. COUNTY OF ) The foregoing instrument _was acknowledged ' before me this S day of CA 2001 , by James G. Fitzpatrick, III, as Managing Member., of Corum Buffalo Ridge, LLC, a Colorado limited liability company, General Partner of Buffalo Ridge 1E1 LLLP, a Colorado limited liability limited partnership: YV~ Witness my hand and official seal. QPJ• a : •.A 0TAF? My commission expires: I o2' Q 4- -D _ -®...e..._ I *.PUBLIC* O OQ:~ Notary Public ~a~nnnm~ STATE OF COLORADO ) )ss. COUNTY OF ) The foregoing instrument was acknowledged before me' this s4~"Iday. of r~. 200 by Jeffery M. Spanel, as Manager of Wintergreen Homes- 9 alo Ridge LLC, a Colorado limited liability company; General Partner of Buffalo Ridge H LLLP, a Colorado limited liability limited partnership. Witness my hand and official seal. . My commission expires: Public 514415.8 `?4 796832 1 11 ! ' 1~ I ~ j cage ° of 1.6 i I 1 I I~ ;ICI l~ I}~; i I~ i 05/2a' "002 01. 5zn gg R 30.00 !7 Sara J Fisher ca9!e. ~G 9 ~YUIV : '6TARY'; V.- UBL1 Q STATE OF COLORADO ) )ss. COUNTY OF EAkLE. ) The foregoing instrument was acknowledged before me this 2SXA day of MGM . , 200'2by (*4AU W %j1 la wotl wvA . _ as ~AaNokER. of Traer Creek LLC, a Colorado limited liability company. Witness my hand and official seal. My commission expires: % ERIC i f III ; 1~;Jj 11± jjlji~ ~ 111.1 796832 Wage 10 of 25 Sara J Fisher Eagle. CO 9S R 80.00 D 0.04) 10 514415.8 EXHIBIT A Description of Improvements Sd d riS Er Ea3:2. ~0 b7 Q►Pi~' 7968,32 °:;Ge : 11 or I Ei 45"26/2002 ?::52P 00 D 0.2'0 11 514415.8 Exhibit A Village (at Avon) Filing 2 Subdivision Improvements Agreement The public Improvements for the Village (at Avon) Filing 2 shall include the following described work: 1. General, including contractor mobilization. 2. Demolition, including the removal of the gate at the westerly property line. 3. Earthwork, which is limited to clearing, excavation and the placement of compacted earth fill within the right of way for Swift Gulch Road. 4. Road Construction, including-the preparation of the subgrade, placement of road base, placement of asphalt paving, installation of guardrail, installation of concrete sidewalks, roadway striping and signage and two bus stops for Swift Gulch Road. The preparation of the subgrade, placement of road base and placement of asphalt paving for the bike path. 5. Drainage and Debris Flow Mitigation, including the construction of debris retention ponds, storm water detention ponds, storm sewers, and outlet structures. This work also includes the enclosure of the Nottingham - Puder Ditch into a pipeline.. 6. Revegetation & Erosion Control, including erosion control during construction, and reseeding all portions of the Swift Gulch Road right of way disturbed by this construction. 7. Utilities, including the construction of sanitary sewer and domestic water mainlines. 8.' Retaining Walls includes the construction of boulder and/or MSE retaining walls within the Swift Gulch Road right of way. 9. Booster Pump Station includes the construction of a temporary, above ground -pump station to provide adequate domestic water pressure and required fire flows. In the event that Traer Creek Metropolitan District completes a "loop line" across Interstate Highway 70 connecting the easterly end of the Village (at Avon) Filing 2 water main to the water mains on the south side of the highway in advance of the completion-of the first apartment building, this station will not be required or constructed. 10. Construction Management includes the general contractors fee, liability insurance and performance bond. These improvements are more fully delineated on the construction plans on file at the Town Office entitled FINAL PLAN, THE VILLAGE (AT AVON) FILING 2, BUFFALO RIDGE IMPROVEMENTS, dated 796832 S~raJ clils' elr l i~ I~i 08r'28i2V2 v0: '.E20 Eagle. CJ 99 rR 80 00 D a.00 EXHIBIT B Cost of Improvements Nil I I ~ 11 1 i 796832 Page: .:i rf :.0 ~i7I I. i Ali i~~ ! i 1 i ?J.' 2V ~,.✓~~Y.~~ t~'n SGP Sara J Fisher `a9-e CO 29 R 80.0@ 0 @.0g 12 - - 514415.10 ED O N O 7®m ray +N~ iiu7 CO IM 11 In m ~m ~CO - IX m m ®o U m ® m Ld W ® m li Village (at Avon) Filina.2 Subdivision improvements Agreement - Exhibit B Wintergreen Homes 6:40 PM 5/24/2002 SIA budget Page 1 of 3 1 General 1.1 Mobilization 1 LS 52,611.00 $52,611 subtotal $52,611 2 Demolition 2.1 Fence & barricade removal 1 LS 500.00 $500 subtotal $500 3. Earthwork 3.1 Clear & Grub 3.2 Topsoil - replace 3.3 Excavation 14 Embankment. subtotal 4 Road Construction 4.1 Subgrade prep. 4.2 Bike path subgrade prep. 4.3 Class 6 road base a 10" d Bike path 4.4 Asphaltic concrete a 4" c 3" bike path 4.5 Guardrail 4.6 Guardrail anchorage 4.7 Trailhead parking & improvements 4.8 Striping 4.9 Signs 4.11 Sidewalk (incl prep) 4.12 Bus stop concrete paving 5 Drainage & Debris Mitigation 5.1 'Pond excavation 5.2 Pond embankment 5.3 18" HDPE 5.4 18" RCP 5.5 30" HDPE 5.6 48" HDPE 5.7 60" HDPE 5.8 18" HDPE end section 11150 CY 2000 CY 58548 CY 72254 CY 2.64 5.08 2.81 1.90 $29,436 $10,160 $164,518 $137,282 $341,396 13430 SY 4205 SY 8047 Tons 1245 Tons 3428 Tons 520 Tons 2171 LF 8 EA 1 LS 1 LS 11 EA 10026 SF 5452 SF 0.59 $7,924 0.73 $3,070 13.71 $110,324 18.06 $22,485 39.70 39.97 19.20 720.00 3,155.00 2,400.00 123.96 8.77 10.64 $136,092 $20,784 $41,683 $5,760 $3,155 $2,400 $1,364 $87,928 $58,009 32942 CY 3.50 $115,297 5504 CY 3.97 $21,851 1233 LF 32.84 $40,492 94 LF 30.24 $2,843 689 LF 49.19 $33,892 379 LF 93.38 $35,391 304 LF 153.28 $46,597 31 EA 298.31 $9,248 Village (at Avon) Filing 2 Wintergreen Homes Subdivision Improvements Agreement - Exhibit B 6:40 PM 5/24/2002 SIA budget Page 2 of 3 5.9 30" HDPE end section 1 EA 82.24 $82 5.1 48" HDPE end section 2 EA 1328.85 $2,658 5.11 Storm manholes 5 EA 3202.64 $16,013 5.12 Inlets 6 EA 2906.38 $17,438 5.13 Riprap 4688 Tons 30.00 $140,640 5.14 Concrete headwalls 2 EA 4800.00 $9,600 5.15 Nottingham - Puder ditch a 36" HDPE 843 LF 56.72 $47,815 b 6' manholes 5 EA 3181.98 $15,910 c Slide gate 1 EA 1128.00 $1,128 d R/R existing 36"end sections 2 EA 268.44 $537 r Ln e Tle to existing 24" RCP 1 EA 874.28 $874 5.21 Detention pond outlet structure 6 EA 4431.60 $26,590 eyA O N Q O m - C9 M N LO o subtotal $584,895 I` & m 6 Revegetation & Erosion Control ~m © 6.1 Erosion control 1 LS 10,596.30 $10,596 °D 6.6 Seed & mulch 5 Acre 3,660.00 $18,300 a subtotal $28,896 -0 ®.W 7 Utilities 7.1 Water Main a 12" DIP 4096 LF 37.71 $154,460 b 12" bends 11 EA 405.62 $4,462 ®W c Fire hydrant assembly 5 EA 3,992.64 $19,963 d 4" water service line 15 EA 2,812.29 $42,184 ~ t - - e Air vac/prv manhole 1 EA 2,635.36 $2,635 7.2 Sanitary Sewer Main $0 ® a 8" PVC 5200 LF 21.87 $113,724 - b Manholes 18 EA 2,209.65 $39,774 c Sanitary service lines 15 EA 1,699.85 $25,498 Subtotal 11 $402, 8 Retaining Walls 8.1 MSE walls 6289 SF 19.20 $120,749 8.2 Wall Excavation 4100 CY 5.45 $22,345 8.3 Wall backfill 2500 CY 11.04 $27,600 8.4 Boulder retaining wall 6289 SF 5 $31,445 subtotal II $202;139 9 Booster Pump Station 9.1 Package (above ground from EFI) 1 EA 100,000.00 $100,000 92 Site electrical & concrete 1 EA 25,000.00 $25,000 Village (at Avon) Filing 2 Subd/v/sion Improvements Agreement - Exhibit B Wintergreen Homes 6:40 PM 5/24/2002 SIA budget Page 3 of 3 796832 f I f I I i~~l Page: 15 of 16 e-5128!2002 01:52P Sara J Fisher Eagle: CO BS R 30.00 D 0.00 Memo: TO: Honorable Mayor and Town Council Thru:. Bill Efting, Town Manager FI'OIw No Wood, Town Engineer 1 Date: April 18, 2002 Re: The Village (at Avon);Filing 2 - Final Plat and Subdivision Improvements Agreement 1 Resolution No. 02-20, Series of 2002 Summary: Buffalo Ridge Affordable Housing Corporation, a Colorado nonprofit corporation, Buffalo Ridge II LLLP and Traer Creek LLC have submitted a Final Plat and related Subdivision Improvements Agreement (SIA) for The Village (at Avon) Filing 2. Traer Creek LLC will be a party to the SIA only with respect to consent to the subdivision as current owner.of the.property but will have no responsibility with respect to completion of the public improvements. The Final Plat is in conformance with the Preliminary Plan that was previously approved by Resolution No. 01-34, Series of 2001. The. Subdivision Improvements Agreement provides for construction of the public improvements required to serve the proposed subdivision and for the provision of securities to assure completion of the improvements. The SIA also establishes guidelines for quality control, release of securities as construction is completed and establishes the warranty period for the completed improvements. The SIA also allows recording of the Final Plat prior to the closing of HUD Financing and delivery of the Security for Completion of the Subdivider's Improvements. If the HUD financing has not closed and the Security for Completion of Subdivider's Improvements has not been delivered to the Town within 15 days after recordation of the Final Plat, the Town shall have the unilateral right to vacate the Final Plat for the Subdivision. The security for completion of the improvements shall be in the form of an irrevocable letter of credit or other collateral acceptable to the Town in an amount of not less than $2,440,635.00 (100% of the estimated cost of the improvements). lAEngineeringWvon VillageTiling 2\.Subdivision\Res 02-20 Final Plat Memo.Doc 1 The proposed Final Plat and SIA are in conformance with the Annexation and Development Agreement as Amended by the First Amendment to the Annexation and Development Agreement as approved by the adoption of Ordinance No. 01-16. Approval of this Final Plat and SIA is recommended. Recommendations: Approve Resolution No. 02-20, Series of 2002, A Resolution Approving Final Plat and Subdivision Improvements Agreement for The Village (at Avon) Filing 2, Town of Avon, Eagle County, Colorado. Proposed Motion: I move to approve Resolution No. 02-20, Series of 2002, A Resolution Approving Final Plat and Subdivision Improvements Agreement for The Village (at Avon) Filing 2, Town of Avon, Eagle County, Colorado.. Town Manager Comments: ~T- Co-t cqL-- I:\EngineeringWvon Village\Filing 2\Subdivision\Res 02-20 Final Plat Memo.Doc 2 ~ tV8 'U- SUBDIVISION IMPROVEMENTS AGREEMENT THIS AGREEMENT, made and entered into this day of April, 2002, is by and among BUFFALO RIDGE AFFORDABLE HOUSING CORPORATION, a Colorado nonprofit corporation and BUFFALO RIDGE II LLLP, a Colorado limited liability limited partnership (collectively "Subdivider"), and the TOWN OF AVON, a Colorado municipality, by and through its Council (the "Town"). RECITALS WHEREAS, Subdivider, in connection with the approval of the final plat for The Village (at Avon) Filing 2, consisting of approximately 138.469 acres in Section 12, T. 5 S., R. 82 W. and Section 7, T. 5 S., R. 81 W., of the 6th P.M., Town of Avon, 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 (the "Code"); and WHEREAS, pursuant to the Code, the Town desires to make reasonable provisions for completion of certain public improvements (the "Improvements") set forth in Exhibit A attached hereto and incorporated herein by reference; and WHEREAS, the Subdivider is responsible for the performance and completion of the Improvements and the parties desire to set forth their agreement with regard to compliance with the same; and WHEREAS, the Town and Subdivider are parties to those certain bond issuance and HUD insured financing documents ("HUD Financing") pertaining to the financing and construction of the Buffalo Ridge Apartments. AGREEMENT NOW THEREFORE, in consideration of the following mutual covenants, conditions and promises, the parties hereby agree as follows: 1. Final Plat Approval. The Town agrees that upon compliance with all other conditions of approval, and subject to the terms and conditions of this Agreement, the Final Plat of The Village (at Avon) Filing 2 ("Final Plat") shall be promptly filed for record with the Office of the Eagle County Clerk and Recorder. 2. Completion of Work. . (a) Performance. Subdivider agrees to furnish all equipment, labor 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 514415.10 agrees that it will be responsible for all costs of Improvements. All said work shall be performed in accordance with the construction plans and specifications as submitted to and approved by the Town prior to commencement of construction of Improvements. All Improvements shall be completed within twenty-four (24) months of the date of the Town's approval of the Final Plat for the Subdivision. (b) Inspection Procedures. (1) All work shall be done under the inspection procedures and standards established by the Town, shall be subject to the reasonable satisfaction of the Town and shall not be deemed complete until the reasonable approval and acceptance of the Improvements by the Town. (2) Designation of Inspectors. Prior to commencement of construction work on the Improvements, the Town shall designate the individuals or independent third parties employed by the Town who are authorized to inspect the construction of the Improvements. Such inspections by. the Town shall not relieve Subdivider or its agents from any responsibility or obligation to assure that all work is completed in conformance with all standards, plans and specifications as submitted to and previously approved by the Town. (3) Cost of Inspections. The cost of such inspections, whether by Town employees or an independent third party inspector, shall be paid by Subdivider and subject to the limitations set forth in paragraph 8 below. (4) Notice of Non-Compliance. In the event that the Town, through the inspectors, reasonably determines that the Improvements are not in compliance with the pre-approved construction plans and specifications, it shall give written notice of such non-compliance to Subdivider ("Notice of Non-Compliance"). The Notice of Non-Compliance shall include a narrative describing the unsatisfactory construction work with specific reference to the applicable construction plans and ,specifications. The Notice of Non-Compliance must be provided to Subdivider within two (2) working days of the date of the inspection. 3. Security for Completion of Improvements. (a) Security. To secure completion of the Improvements, Subdivider hereby agrees to secure its respective obligations under this Agreement with Collateral in accordance with Section 16.24. 100 of the Code. Collateral shall be one or a combination of the following: cash or its equivalent; securities of acceptable value; letter of credit; bond (for warranty period only); and land of acceptable value by deed of trust. (b) Substitution of Security. Subdivider may substitute another form of collateral acceptable to the Town in place of the forms of security set forth above in order to guaranty the faithful completion of the Improvements and the performance of the terms of this Agreement. 2 514415.8 4. Subdivider Improvements. (a) Security for Completion of Subdivider's Improvements. Subdivider shall deliver to the Town irrevocable letter(s) of credit issued by a reputable financial institution or other collateral acceptable to the Town and consistent with Section 16.24:100 of the Code in an amount equal to one hundred percent (100%) of the estimated cost of completion of Subdivider's Improvements set forth on Exhibit B. The Town hereby acknowledges that the Final Plat for the Subdivision may be recorded prior to the closing of the HUD Financing, but Subdivider acknowledges and agrees that if the HUD Financing has not closed and the letter(s) of credit or other collateral acceptable to the Town has not been delivered to the Town within 15 days after recordation of the Final Plat for the Subdivision, either Traer Creek LLC ("Traer Creek"), a Colorado limited liability company, the current owner of the real property covered by the Final Plat of the Subdivision or the Town shall have the unilateral right to vacate the Final Plat for the Subdivision. (b) Progress Payments on Subdivider's Improvements. Subdivider agrees that a separate schedule of values for the Improvements shall be included in the construction contracts for the Buffalo Ridge Apartments. The Subdivider may make progress payments to its contractors on a monthly basis upon (i) the partial completion of itemized improvements for which cost estimates have been set forth in Exhibit B and upon written request to the Town including an itemized statement and certification of the Subdivider of completion and acceptance of itemized improvements by Subdivider's engineer, and (ii) the written approval of the Town or its designee; provided, however, if the Town fails to respond to a disbursement request within seven (7) days such request will be deemed approved. The itemized statement and certification by the Subdivider shall certify that all work for which progress payments have been requested has been completed in accordance with the approved plans and specifications. Upon the approval of such progress payments, the amount of collateral shall be reduced by the amount of such payment; provided, however, that in no event will any such reduction cause the amount of remaining collateral to be less than an amount equal to one hundred percent (100%0) of the estimated costs of completion of all remaining Subdivider's Improvements. Such progress payments shall be disbursed to the contractor in accordance with the construction contract executed for the construction of the Improvements and approved in connection with the HUD Financing; provided, however, retainage of ten percent (10%) shall be withheld with respect to all disbursements until. the Improvements have been completed. Upon completion of all work related to Subdivider's improvements and the Town's acceptance of the completion of Subdivider's Improvements, the entire amount of remaining collateral, less the amounts or other security described in paragraph 5, shall be released. (c) Default by Subdivider. In the event of a default in whole or in part by Subdivider, the Town shall be authorized to take all such actions necessary or desirable to enforce its rights hereunder for the purpose of undertaking completion or remediation work on the Improvements after providing thirty (30) days' advance written 514415.8 notice of default and providing an opportunity during such period for Subdivider to cure the default. 5. Warranty Period. 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 the work by the Town. In the event of any such defect, the Town may require Subdivider to correct the defect in material or workmanship. The amounts for completion of all warranty work on Subdivider's Improvements shall be secured by a dual obligee bond ("Bond") in form approved by the Town, from the subcontractor constructing the Improvements, naming Subdivider and Subdivider's prime contractor as obligees, in the amount of one hundred percent (100%) of the cost of such corrective work, to be held by the Town during such one (1) year warranty period, as a guaranty of performance of any work required under the above-described warranty. In the event any corrective work is performed during the one (1) 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. The Bond shall be maintained for the entire warranty period. 6. Condition of Public Dedicated Roadways. The Subdivider shall at all times prior to acceptance of any publicly dedicated roadways within the Subdivision by the Town give good and adequate warning to the traveling public of each and every known 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 and control of the Subdivider for purposes of this Agreement; and the 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. 7. Engineering Certification. 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; plans 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. 8. Subdivision and Inspection Fees. 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 within thirty (30) days after delivery of written invoice for such fees to cover the cost of inspections by the Town. The fees will be based on direct (out-of-pocket) costs of the Town plus an administrative fee in the amount of fifteen (15%) percent of the direct costs, but in no event will the total amount of such additional fees . exceed five percent (5%) of construction costs. 4 514415.8 9. No Obligation of Town to Complete Improvements. 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 said Improvements. No one, individually or otherwise, other than the Subdivider, shall acquire, as a result of this Agreement, any rights, claims or obligations from or' against the Town, its agents, employees or officers. Actions by the Town against Subdivider to enforce any provision of this Agreement shall be at the sole discretion of the Town. No third parties shall have any rights to require any action by the Town pursuant to this Agreement; and this Agreement shall not create a liability on the part of or be a cause of action against the Town, for any personal or property damage that may result to any third parties from the failure of the Subdivider to complete the Improvements herein specified. 10. Non-Liability of Town; Indemnification. 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. To the extent permitted by law, 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, because of any losses, claims, damages or liabilities (or actions in respect thereof) that arise out of, or are based upon, any acts or omissions in the performance of the obligations of Subdivider, as hereinbefore stated, but not with regard to any losses, claims, damages or liabilities to which the Town or any of its officers, agents or employees may be subject and resulting from the Town's gross negligence or willful misconduct. 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, unless it is determined that such claim resulted from the gross negligence or willful misconduct of the Town. 11. Rights of Town in Event of Default. In the event that Subdivider defaults in whole or in part in the performance of this Agreement, and after the expiration of thirty (30) days after having given written notice to Subdivider of such default during which period of time the Subdivider failed to correct said default, the Town may, at its sole discretion, proceed with the construction or completion of the Improvements specified on Exhibit A. All such costs paid by the Town for such Improvements, together with all costs of personnel, equipment and other matters expended by the Town in furtherance of the construction responsibilities of Subdivider, shall be paid by Subdivider. Any such costs relating to the Subdivider Improvements, which have not been reimbursed by Subdivider, shall be a lien on any property in the Subdivision owned by Subdivider at the time of default. Said lien may be foreclosed in the same manner as a mortgage and shall entitle the Town to add its costs and reasonable attorneys' fees in such foreclosure or other collection. Without limiting the foregoing, the Town may bring a mandatory injunction action against Subdivider to require installation and construction of the Improvements, if not constructed within the time limits described in this Agreement. If any such action is brought by the Town, the Town shall be awarded its court costs and reasonable attorneys' fees. 5 514415.8 12. Letter Certifying Completion and Final Acceptance of Improvements. When. all improvements have been completed and accepted by the Town, and the Warranty Period has expired, the Town agrees that it will issue a letter, in recordable form, certifying that all obligations of Subdivider under this Agreement have been satisfied. 13. Amendments. This Agreement may be amended from time to time, provided that such amendment is in writing and signed by all parties hereto. 14. Covenants Running with the Land. 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. 15. Acquisition of Property and Non-Liability of Traer Creek. Subdivider hereby discloses and the Town hereby acknowledges that Subdivider does not currently own any portion of the real property shown on the Final Plat for the Subdivision. Subdivider has contracts to acquire portions of the real property covered by the Final Plat contemporaneously with the closing of the HUD Financing from Traer Creek. The Town agrees that Traer Creek shall have no liability or obligation under this Agreement and shall look solely to Subdivider for performance hereunder upon its acquisition of title to any portion of the real property covered by the Final Plat. The parties hereto have executed this Agreement as of the date first above written. TOWN OF AVON, a Colorado municipal corporation ATTEST: By: Town Clerk . Mayor APPROVED AS TO FORM: Town Attorney BUFFALO RIDGE AFFORDABLE HOUSING CORPORATION, ATTEST: a Colorado nonprofit corporation By: _ Name: 6 514415.8 Title: BUFFALO RIDGE II LLLP; a Colorado limited ° liability limited partnership BY: CORUM BUFFALO RIDGE LLC, a Colorado limited liability company, General' Partner By: James G. Fitzpatrick, III, Managing Member BY: WINTERGREEN HOMES - BUFFALO RIDGE LLC, a Colorado limited liability company, General Partner By: Jeffery M. Spanel, Manager The undersigned hereby consents to the execution and recording of the Final Plat for the Subdivision and this Agreement. 514415.8 TRAER CREEK LLC, a Colorado limited liability company. By:_ Name: Title: 7 STATE OF COLORADO COUNTY OF )ss. The foregoing instrument was acknowledged before me this day of 200_, by as of the Town of Avon, a Colorado municipal corporation. Witness my hand and official seal. My commission expires: Notary Public STATE OF COLORADO COUNTY OF )ss. The foregoing instrument was acknowledged before me this day of 200_, by as of Buffalo Ridge Affordable Housing Corporation, a Colorado nonprofit corporation. Witness my hand and official seal. My commission expires: Notary Public s siaais-s STATE OF COLORADO ) )ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 200, by James G. Fitzpatrick, III, as Managing Member of Coruin Buffalo Ridge.LLC, a Colorado limited liability company, General Partner of Buffalo Ridge II LLLP, a Colorado limited liability limited partnership. Witness my hand and official seal. My commission expires: Notary Public STATE OF COLORADO )ss. COUNTY OF ) The foregoing instrument was acknowledged before _ me this day of 200_, by Jeffery M. Spanel, as Manager of Wintergreen Homes- Buffalo Ridge LLC, a Colorado limited liability company, General Partner of Buffalo Ridge II LLLP, a Colorado limited liability limited partnership. Witness my hand and official seal. My commission expires: Notary Public 9 514415.8 STATE OF COLORADO COUNTY OF )ss. The foregoing instrument was acknowledged, before me this day of 200by as of Traer Creek LLC, a Colorado limited liability company. Witness my hand and official seal. My commission expires: Notary Public 10 514415.8 EXHIBIT A Description of Improvements 11 514415.8 EXHIBIT B Cost of Improvements 12 514415.10 Exhibit A Village (at Avon) Filing 2 Subdivision Improvements Agreement The public Improvements for the Village (at Avon) Filing 2 shall include the following described work: 1. General, including contractor mobilization. 2. Demolition, including the removal of the gate at the westerly property line. 3. Earthwork, which is limited to clearing, excavation and the placement of compacted earth fill within the right of way for Swift Gulch Road. 4. Road Construction, including the preparation of the subgrade, placement of road base, placement of asphalt paving, installation of guardrail, installation of concrete sidewalks, roadway striping and signage and two bus stops for Swift Gulch Road. The preparation of the subgrade, placement of road base and placement of asphalt paving for the bike path. 5. Drainage and Debris Flow Mitigation, including the construction of debris retention ponds, storm water detention ponds, storm sewers, and outlet structures. This work also includes the enclosure of the Nottingham - Puder Ditch into a pipeline. 6. Revegetation & Erosion Control, including erosion control during construction, and reseeding all portions of the Swift Gulch Road right of way disturbed by this construction. 7. Utilities, including the construction of sanitary sewer and domestic water mainlines. 8. Retaining Walls includes the construction of boulder and/or MSE retaining walls within the Swift Gulch Road right of way. 9. Booster Pump Station includes the construction of a temporary, above ground pump station to provide adequate domestic water pressure and required fire flows. In the event that Traer Creek Metropolitan District completes a "loop.line" across Interstate Highway 70 connecting the easterly end of the Village (at Avon) Filing 2 water main to the water mains on the south side of the highway in advance of the completion of the first apartment building, this station will not be required or constructed. 10. Construction Management includes the general contractors fee, liability insurance and performance bond. These improvements are more fully delineated on the construction plans on file at the Town Office entitled FINAL PLAN, THE VILLAGE (AT AVON) FILING 2, BUFFALO RIDGE IMPROVEMENTS. dated Village (at Avon) Filing 2 Subdlvfsfon improvements Agreement - Exhibit B Wintergreen Homes 9:46 AM 04/23/2002 SIA Exibit B.xls Page 1 of 3 1 General 1.1 Mobilization 1 LS 52,611.00 $52,611 $52-,611 2 Demolition 2.1 Fence & barricade removal subtotal' 1 LS 500.00 $500 3 Earthwork 3.1 Clear & Grub, 11150 CY 2.64 $29,436 3.2 Topsoil - replace 2000 CY 5.08 $10,160 3.3 Excavation 58548 CY 2.81 $164,518 3.4 Embankment 72254 CY 1.90 $137,282 subtotal $341,396 4 Road Construction 4.1 Subgrade prep. 13430 SY 0.59 $7,924 4.2 Bike path subgrade prep. 4205 SY 0.73 $3,070 4.3 Class 6 road base a 10" 8047 Tons 13.71 $110,324 d Bike path. 1245 Tons 18.06 $22,485 4.4 Asphaltic concrete a 4" 3428 Tons 39.70 $136,092 c 3" bike path 520 Tons 39.97 $20,784 4.5 Guardrail 2171 LF 19.20 $41,683 4.6 Guardrail anchorage 8 EA 720.00 $5,760 4.7 Trailhead parking & improvements 1 LS 3,155.00 $3,155 4.8 Striping 1 LS 2,400.00 $2,400 4.9 Signs 11 EA 123.96 $1,364 4.11 Sidewalk (incl prep) 10026 SF 8.77 $87,928 4.12 Bus stop concrete paving 5452 SF 10.64 $58,009 subtotal $500,977 5 Drainage & Debris Mitigation 5.1 Pond excavation 32942 CY 3.50 $115,297 5.2 Pond embankment 5504 CY 3.97 $21,851 5.3 18" HDPE 1233 LF 32.84 $40,492 5.4 18" RCP' 94 LF 30.24 $2,843 5.5 30'` HDPE 689 LF 49.19 $33,892 5.6 48" HDPE 379 LF 93.38 $35,391 5.7 60" HDPE 304 LF 153.28 $46,597 .5.8 18" HDPE end section 31 EA 298.31 $9,248 Village (at Avon) Filing 2 Wintergreen Homes Subdivision Improvements Agreement - Exhibit B 9:46 AM 04/23/2002 SIA Exibit Bads Page 2 of 3 5.9 30" HDPE end section 1 EA 82.24 $82 5.1 48" HDPE end section 2 EA 1328.85 $2,658 5.11 Storm manholes 5 EA 3202.64 $16,013 5.12 Inlets 6 EA 2906.38 $17,438 5.13 Riprap 4688 Tons 30.00 $140,640 5.14 Concrete headwalls 2 EA 4800.00 $9,600 5.15 Nottingham - Puder ditch a 36" HDPE 843 LF 56.72 $47,815 b 6' manholes 5 EA 3181.98 $15,910 c Slide gate 1 EA 1128.00 $1,128 d R/R existing 36"end sections 2 EA 268.44 $537 e Tie to existing 24" RCP 1 EA 874.28 $874 5.21 Detention pond outlet structure 6 EA 4431.60 $26,590 subtotal 11 $584,895 6 Revegetation & Erosion Control 6.1 Erosion control 1 LS 10,596.30 $10,596 6.6 Seed & mulch 5 Acre 3,660.00 $18,300 subtotal 11 $28,896 7 Utilities 7.1 Water Main a 12" DIP 4096 LF 37.71 $154,460 b 12" bends 11 EA 405.62 $4,462 c Fire hydrant assembly 5 EA 3,992.64 $19,963 d 4" water service line 15 EA 2,812.29 $42,184 e Air vac/prv manhole 1 EA 2,635.36 $2,635 7.2 Sanitary Sewer Main $0 a 8" PVC 5200 LF 21.87 $113,724 b Manholes 18 EA 2,209.65 $39,774 c Sanitary service lines 15 EA 1,699.85 $25,498 subtotal 11 $402,700 8 Retaining Walls 8.1 MSE walls 6289 SF 19.20 $120,749 8.2 Wall Excavation 4100 CY 5.45 $22,345 8.3 Wall backfill 2500 CY 11.04 $27,600 8.4 Boulder retaining wall 6289 SF 5 $31,445 subtotal 11 $202,139 9 Booster Pump Station 9.1 Package (above ground from EFI) 1 EA 100,000.00 $100,000 9.2 Site electrical & concrete 1 EA 25,000.00 $25,000 Village (at Avon) Filing 2 Subdivision Improvements Agreement - Exhibit B Wintergreen Homes 9:46 AM 04/23/2002 SIA Exibit B.xls Page 3 of 3