TC Res. No. 2005-19 APPROVING FINAL SUBDIVISION PLAT AND SUBDIVISIONTOWN OF AVON, COLORADO
RESOLUTION NO. 05-19
Series of 2005
A RESOLUTION APPROVING FINAL SUBDIVISION PLAT AND SUBDIVISION
IMPROVEMENTS AGREEMENT FOR WESTERN SAGE DEVELOPMENT, A
RESUBDIVISION OF LOTS 54, 55, 89 AND 90, BLOCK 4, WILDRIDGE, TOWN OF
AVON, EAGLE COUNTY, COLORADO
WHEREAS, Jay K. Peterson has applied for Final Subdivision Plat and Subdivision
Improvements Agreement approval for the Western Sage Development. a Resubdivision of Lots
54, 55, 89 and 90, Block 4, Wildridge, Town of Avon, Eagle County, Colorado; and
WHEREAS, said Final Subdivision Plat provides for the resubdivision of three existing tri-plex
lots and one duplex lot into eight single family lots with access from existing public streets or by
easement from existing public streets; and
WHEREAS, a Subdivision Improvements Agreement was submitted in conjunction with the
Final Subdivision Plat; and
WHEREAS, the Subdivision Improvements Agreement provides for the construction of all
public improvements together with collateral to make reasonable provision for completion of the
improvements; and
WHEREAS, the Subdivision Improvements Agreement provides for the guarantee of public
improvements and for the release of collateral upon successful completion of the guarantee
period; and
WHEREAS, said Final Subdivision Plat generally conforms to the Preliminary Subdivision Plan
as approved September 28, 2004 by Resolution No. 04-37, Series of 2004; and
WHEREAS, said Final Subdivision Plat and Subdivision Improvements Agreement generally
conform to the Subdivision Regulations of the Town of Avon.
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF AVON, COLORADO, that the Town hereby approves the Final Subdivision Plat and
Subdivision Improvements Agreement for Western Sage Development, a Resubdivision of Lots
54, 55, 89 and 90, Block 4, Wildridge, Town of Avon, Eagle County, Colorado subject to
completion of the following prior to execution and recording of Final Plat and Subdivision
improvements Agreement:
1) Completion of technical corrections as identified by Town Staff.
2) Submission of an Irrevocable Letter of Credit or other acceptable security
in an amount of not less than $191,874.00 to assure completion of the
specified public improvements.
3) The recording of covenants and by-laws addressing the construction, use and
maintenance of the common access easements for the lots not having the typically
required minimum frontage on a public street prior to, or in conjunction with
recording of the Final Subdivision Plat.
4) The recording of Design Guidelines for this development as approved by the
Town of Avon in conjunction with the P.U.D. approval, prior to, or in conjunction
with recording of the Final Subdivision Plat.
ADOPTED THIS a1P*I'%- DAY OF April, 2005.
TOWN COUNCIL
TOWN OF AVON, COLORADO
onald C. Wolfe, Mayor
ATTEST:
P~
Pa cKenny, Clerk
Resolution No. 05-19 Final Plat Western Sage
Page 2 of 2
WESTERN SAGE PUD '
SUBDIVISION IMPROVEMENTS AGREEMENT
THIS AGREEMENT, made and entered into this a 7day of o-K&L, , 2005, is
by and among Jay K. Peterson ("Subdivider"), and, the Town of Avon, a Colorado
municipality, by and through its Council (the "Town").
RECITALS
- WHEREAS, the Subdivider, in connection with the approval of the final plat for
the Western Sage PUD, Lots 1 - 8, consisting of 7.1 acres, aresubdivision of Lots 54, 55,
89 and 90, Block 4, Wildridge Subdivision, Town of Avon; Eagle County, Colorado (the
"Subdivisions'), desires to enter into a Subdivision Improvements Agreement
("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 ("Improvements") as depicted
on the plans approved by the Town for the Western Sage PUD, dated' February 28, 2005,
(`-`Approved Plans") and as set forth in Exhibit A attached hereto and incorporated herein
by reference; and'
WHEREAS; the Subdivider is responsible for the completion of the public
improvements ("Improvements").
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 Western Sage PUD ("Subdivision") shall be promptly filed for
recording with the Office of the Eagle County Clerk and' Recorder.
2. Completion of Work.
(a) Performance. Subdivider agrees t6 furnish all equipment, labor
and material necessary to perform and complete,, in a good and workmanlike manner, all
improvements and work incidental thereto assigned asset forth as depicted on the
Approved Plans and as set forth in Exhibit A. Subdivider further agrees that he will be
responsible for all" costs of Improvements as assigned. Said work 'shall be performed in
accordance with the Approved Plans.' Subdivider agrees to commence construction of
Improvements prior to the issuance of a building permit for any lot in the subdivision and
to complete the Improvements prior to the issuance of a Certificate of Occupancy for any
building on any lot in the Subdivision. Commencement of construction of Improvements
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shall be deemed to mean the award and execution of contracts for the construction of the
Improvements as depicted on Exhibit A.
(b) Inspection Procedures.
(1) All work shall be done under the inspection procedures and
standards established by the Town and/or Holy Cross Electric, Eagle River Water and
Sanitation District, Excel Energy, Qwest Communications, Comcast ("Utilities"), as
applicable and shall be subject to the reasonable satisfaction of the Town and applicable
Utilities. All work shall not be deemed complete until the reasonable approval and
acceptance of.the Improvements by the Town and/or,the Utilities. Such, inspections by
the Town and/or Utilities shall not relieve the Subdivider or his 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
and Utilities.
(2), Cost of Inspections. The cost, if any, of such inspections,
by Town employees, or an independent third party inspector, shall be paid by the
Subdivider and subject to the limitations set forth in paragraph 8 below.
(3) Notice of Non-Compliance. In the event that the Town
through its inspectors reasonably determines that the Improvements are not in
compliance with.the Approved Plans, it shall give written notice of such non-compliance
("Notice of Non-Compliance") to the Subdivider. 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 the Subdivider within two (2) working days of the date
of the inspection.
3. Sect.trity for Completion of Improvements.
(a) Securi. To secure completion of the Improvements, the
Subdivider hereby agrees to secure the 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, its equivalent or irrevocable letter of credit
("Collateral').
4. Subdivider Improvements.
(a) Security for Completion of Public Improvements.
Subdivider shall deliver to the Town an irrevocable letter of credit issued
by a reputable financial institution or other Collateral consistent with Section 16.24.100
of the Code in an amount equal to one hundred and ten percent (110%) of the estimated
costs of completion of the Improvements as set forth on Exhibit B. The irrevocable letter
of credit or other Collateral shall be delivered to the Town prior to, or concurrently with,
recordation of the Final Plat for the Subdivision.
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(b) Progress Payments on Sub divider's Improvements. Upon
completion of itemized improvements for which cost estimates have been set forth in
Exhibit B and upon receipt of the Certifications as'specified in paragraph 7 below
verifying that itemized portions of the Improvements have been completed, the amount of
Collateral may be reduced periodically 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 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
and Utility's acceptance of the Improvements, the entire amount of remaining collateral
less those amounts described in paragraph 6 below, shall be promptly released.
(c) - Default by Subdivider. In the event of a default in whole or in part
by Subdivider, the Town shall be-authorized to draw on the letter of credit or other
collateral for the purpose of undertaking completion or remediation work on-the
Subdivider's Improvements after providing thirty (30) days' advance written notice of
default and providing an opportunity during such period for Subdivider to cure the
default. The Town shall be entitled to draw on such letter of credit or other collateral by
Resolution of the Town Council stating (i) that'Subdivider is in default, and (ii) the funds
are required in order to-complete or correct work on the Subdivider's Improvements.
6. 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. Ten percent (10%) of the total actual cost
of completion of all Improvements shall be retained by the Town as collateral 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 year from the date on which it is-completed. Collateral equal to-125% of the cost of
any corrected work, as estimated by the Town, shall be retained by the Town or
immediately paid to the Town by the Subdivider, if sufficient funds are not held by the
Town, in accordance with Section 16.24.100, for a period of one year from the date of
completion of the corrected work.,
7. Engineering Certification. Upon completion of portions of the
Improvements,: Subdivider will cause his 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, or the pertinent, utility supplier, as depicted on the Approved'Plans.. 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
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paid in full. Additional fees, if any, shall be paid by the Subdivider within thirty (30)
days after delivery of written invoice for such fees to cover the cost of inspections by the
Town. The fees, if any, 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.
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 or to issue
permits for development within the. Subdivision.,
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.
Furthermore, the 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.
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 fails to correct said default, the Town may, at its sole
discretion, proceed with the construction or completion of the Improvements specified on
Exhibit A. Al 1 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 based upon
the underlying responsibility for the Improvement in question. 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.
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12. Letter Certifying Completion and Final Acceptance of Improvements.
When all Improvements-have been completed and accepted by the Town, or the pertinent
utility supplier, and the Warranty Period has expired, the Town agrees that it will issue a
letter, after consultation With the pertinent utility supplier if necessary, 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.
The Vhhe r - c
r:
AT ST;•
Tow e c~
this Agreement as of the date first above written.
TOWN OF AVON, a Colorado Municipal
Corporation
By: l~-
APP O Mayor
VED AS TO FORM:
To ttorney
Jay K. Peterson
By:
Subdiv' der
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EXHIBIT A
Western Sage Development
Subdivision Improvements Agreement
APPROVED PLANS:
Western Sage PUD
Construction Drawings
Wildridgejown of Avon, Colorado
February 2005
Sheets 1 through 9
Release Date: April- 11, 2005 '
Prepared by:
Marcin Engineering LLC
P.O. Box 1062
Avon Colorado 81620
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EXHIBIT B
Western Sage Development
Subdivision Improvements Agreement
PUBLIC IMPROVEMENTS CONSTRUCTION COST ESTIMATE
Mobilization & Site Prep
Water Main and Service Installation
Sewer Main and Service Installation
Shallow Utility Service Installation
(Natural Gas, Cable TV, Telephone & Electric)
Materials for Utility Installations
Contingencies @ 15%
Total Estimated Cost
$ 19,950
44,765
23,600
14,900
48,464
22,752
$ 174,431
Security Required per Subdivision Improvements Agreement (110%) $ 191,874
Cost Estimate and Security Amount Based on Proposal dated March 30, 2005:
From: The Reynolds Corporation
P.O. Box 738
Avon, CO 81620
To: Jay Peterson
Suite 208
108 South Frontage Road
Vail, Colorado 81657
Project Reference:
Western Sage PUD
A Resubdivision of Lots 54, 55, 89 and 90, Block 4, Wildridge
Avon, Colorado
Project Engineers:
Marcin Engineers, LLC
P.O. Box 1062
Avon, CO 81620
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