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TC Res. No. 2005-33 APPROVING AND ACCEPTING THE TRAER CREEKTOWN OF AVON, COLORADO RESOLUTION NO. 05-33 Series of 2005 A RESOLUTION APPROVING AND ACCEPTING THE TRAER CREEK METROPOLITAN DISTRICT IMPROVEMENTS INSTALLED AND CONSTRUCTED IN ACCORDANCE WITH THE SUBDIVISION IMPROVEMENTS AGREEMENT FOR THE VILLAGE (AT AVON) FILING 1 AND ESTABLISHING WARRANTY PERIOD FOR DISTRICT PORTION OF THE PUBLIC IMPROVEMENTS WHEREAS, the Town of Avon entered into a SUBDIVISION IMPROVEMENTS AGREEMENT, dated November 13, 2001, with Traer Creek LLC and Traer Creek Metropolitan District in connection with the approval of the Final Plat for The Village (at Avon) Filing 1, Town of Avon, Eagle County, Colorado; and WHEREAS, said Agreement established certain public improvements to be constructed by Traer Creek Metropolitan District (District Improvements) in conjunction with said subdivision; and WHEREAS, said Agreement established requirements for the provision of collateral to assure completion of the Subdivider Improvements in accordance with the Agreement and the subsequent release of the collateral upon completion and the stipulated warranty period; and WHEREAS, said District Improvements were substantially complete as of September 13, 2005; and WHEREAS, all required documentation for approval and acceptance of the improvements has been submitted as of September 13, 2005. NOW, THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, that: 1. The District Improvements required to be constructed in conjunction with The Village (at Avon) Filing 1 were substantially complete as of September 13, 2005, in accordance with the SUBDIVISION IMPROVEMENTS AGREEMENT and the stipulated one-year warranty period for said improvements shall extend to September 13, 2006. 2. The public improvements are hereby approved and accepted by the Town of Avon with the exception of items of warranty work, which are identified during the warranty period, which items shall have a warranty period, which extends for one year from the date of satisfactory correction of the warranted item. 3. Effective September 13, 2005, the collateral may be released and warranty work on District's Improvements will be secured by a Maintenance Bond dated July, 20, 2004, issued to Traer Creek Metropolitan District in the amount of $ 885,000 in accordance with the Subdivision Improvements Agreement. -ru ADOPTED THIS t- DAY OF 2005. OFTOWN COUNCIL 4 at, .~®TOWN OF AVON, COLORADO SEAL ®L 0 R p0® Ron d C. Wolfe, Mayor ATTEST: P-~~ 3rv L-T Patt Mc enny, Town erk Resolution No. 05-33 Village at Avon, Filing 1 Page 2 of 2 Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Nonnan Wood, Town Engineer Date: September 8, 2005 Re: Resolution No. 05-33, A Resolution Approving and Accepting the Traer Creek Metropolitan District Improvements Installed and Constructed in Accordance with the Subdivision Improvements Agreement for The Village (at Avon) Filing 1 and Establishing Warranty Period for District Portion of the Public Improvements. Summary: Traer Creek Metropolitan District has submitted all required documentation for approval and acceptance of the District Improvements required by the Subdivision Improvements Agreement (SIA) (attached Item 2) for The Village (at Avon) Filing 1. These improvements generally consist of all streets, roads, bridges walkways, drainage facilities and utilities required to access and serve Filing 1, with the exception of shallow utilities installed by developer and construction of the 1-70 Interchange. Most of these Improvements have been substantially complete and functioning since July 2003, when the Wal-Mart store opened. Since that time the few remaining items have been completed and deficiencies in original construction have been corrected. Resolution No. 05-33, Series of 2005 (attached Item 1) approves and accepts the District Improvements and establishes the warranty period in conformance with the SIA. The Resolution further allows the release of collateral required during construction with any warranty work on the District's Improvements secured by an existing Maintenance Bond dated July 20, 2004, issued to Traer Creek Metropolitan District in the amount of $885,000 (attached Item 3) in accordance with the SIA. We recommend approval of Resolution No. 05-33, Series of 2005, A Resolution Approving and Accepting the Traer Creek Metropolitan District Improvements Installed and Constructed in Accordance with the Subdivision Improvements Agreement for The Village (at Avon) Filing I and Establishing Warranty Period for the District Portion of the Public Improvements. • Discussion: The Village (at Avon) Filing 1, SIA between Traer Creek LLC, Traer Creek Metropolitan District and the Town of Avon divides responsibility for the Public Improvements between Traer Creek Metropolitan District (District Improvements) and Traer Creek LLC (Developer Improvements). The District Improvements generally included all streets & road, storm drainage and publicly owned utilities (water & sewer) as listed in Exhibit A and Cost Estimates in Exhibit C to the SIA. Documentation verifying satisfactory completion of the improvements is attached: Item 4 - Martin/Martin Consulting Engineers Engineer's Opinion of Project Conformity with Supporting Documentation Item 5 - Alpine Engineering, Inc. Engineer's Opinion of Project Conformity with Supporting Documentation Item 6 - Hepworth-Pawlak Geotechnical Letter Verifying Substantial Conformance with Project Specifications Item 7 - SEMA Construction, Inc. Check in the Amount of $1,130.60 for Minor Concrete Test Deviation from Concrete Specification for Eagle River Bridge Deck (Amount • calculated per Colorado Department of Transportation Standard Specifications for Road and Bridge Construction) The Developer Improvements generally consisted of the shallow utilities, privately owned utilities (natural gas, electric, telephone & cable TV) as listed in Exhibit B and Cost Estimates in Exhibit D to the SIA. The Developer Improvements were approved and accepted by Resolution No. 05-20 at the April 26, 2005 Council meeting. Based upon this documentation, we recommend approval and acceptance of the District improvements in accordance with the SIA by the adoption of Resolution No. 05-33, Series of 2005. Recommendation: Approve Resolution No. 05-33, Series of 2005, A Resolution Approving and Accepting the Traer Creek Metropolitan District Improvements Installed and Constructed in Accordance with the Subdivision Improvements Agreement for The Village (at Avon) Filing 1 and Establishing Warranty Period for District Portion of the Public Improvements. A l:\Engineenng\Avon Village12.0 Filing 1\2.9 Completion\2.9.5 Security Deposit Release\Res 05-33 Dev Release Memo.Doc r • Proposed Motion: I move to approve Resolution No. 05-33, Series of 2005, A Resolution Approving and Accepting the Traer Creek Metropolitan District Improvements Installed, and Constructed in Accordance with the Subdivision Improvements Agreement for The Village (at Avon) Filing I and Establishing Warranty Period for District Portion of the Public Improvements. Attachments: Item I - Resolution No. 05-33, Series of 2005 Item 2 - Subdivision Improvements Agreement Item 3 - Maintenance Bond for Warranty Period Item 4 - Martin/Martin - Engineer's Opinion of Project Conformity Item 5 - Alpine Engineering, Inc. - Engineer's Opinion of Project Conformity Item 6 - HP Geotech Engineer's - Letter of Substantial Conformance Item 7 = SEMA Construction, Inc. - Payment in Lieu (Out of Specification Concrete) Town Manager Comments: . ~-t ~ cn ~ OI.Y'2a 111 C i U~'O ~ t.~J~-. dart- any (~r~e, ~D~~Q6 C)(a- -1 L\EngineenngWvon Village\2.0 Filing 1\2.9 Completion\2.9.5 security Deposit Release\Res 05-33 Dev Release Menm.Doc 3 u 0 0 -L_714p_~ 1 TOWN OF AVON RESOLUTION NO. 05-33 Series of 2005 A RESOLUTION APPROVING AND ACCEPTING THE TRAER CREEK METROPOLITAN'.DISTRICT IMPROVEMENTS INSTALLED AND CONSTRUCTED IN ACCORDANCE WITH THE SUBDIVISION IMPROVEMENTS AGREEMENT FOR THE VILLAGE (AT AVON) FILING 1 AND ESTABLISHING WARRANTY PERIOD FOR- DISTRICT PORTION OF THE PUBLIC IMPROVEMENTS WHEREAS, the Town of Avon entered into a SUBDIVISION IMPROVEMENTS - AGREEMENT, dated November 13, 2001, with Traer Creek LLC and Traer Creek Metropolitan District in connection with the approval of the Final Plat for The Village (at Avon) Filing 1, Town of Avon, Eagle County, Colorado; and WHEREAS, said Agreement established certain public improvements to be constructed by Traer Creek Metropolitan District (District Improvements) in conjunction with said subdivision; and WHEREAS, said Agreement established requirements for the provision of collateral to assure completion of the Subdivider Improvements in accordance with the Agreement and the subsequent release of'the collateral upon completion and the stipulated warranty period; and WHEREAS, said District Improvements were substantially complete as of September 13, 2005; and WHEREAS, all required documentation for approval and acceptance of the improvements has been submitted as of September 13, 2005. NOW, THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE- TOWN OF AVON, that: 1. The District Improvements required to be constructed in conjunction with The Village (at Avon) Filing l were substantially complete as of September 13, 2005, in accordance with the SUBDIVISION IMPROVEMENTS AGREEMENT and the stipulated one-year warranty period for said improvements shall extend to September 13, 2006. 2. The public improvements are hereby approved and accepted by the Town of Avon with the exception of items of warranty work, which are identified during the warranty period, Which items shall have a warranty period, which extends for one year from the date of satisfactory correction of the warranted item. - is I:\Engineering\Avon Village\2.0 Filing 112.9 Completion\2.9.5 Security Deposit Release\Res 05-33 Completion.Doc Y 3. Effective September 13, 2005, the collateral may be released and warranty work on . District's Improvements will be secured by a Maintenance Bond dated July 20, 2004, issued to Traer Creek Metropolitan District in the amount of $ 885,000 in accordance with the Subdivision Improvements Agreement. ADOPTED THIS DAY OF , 2005. TOWN COUNCIL TOWN OF AVON, COLORADO Ronald C. Wolfe, Mayor ATTEST: Patty McKenny, Town Clerk • • I:\Engineering\Avon Village\2.0 Filing 1\2.9 Completion\2.9.5 Security, Deposit Release\Res 05-33 Completion.Doc SUBDIVISION IMPROVEMENTS AGREEMENT I4l470 THIS AGREEMENT, made and entered into this L day of /V~ , 2001, is by and among Traer Creek LLC, a Colorado limited liability company ("Subdivider', Traer Creek Metropolitan District, a quasi-municipal corporation and political subdivision of the State of Colorado (the "District'l, and the Town of Avon, a Colorado municipality, by and through its Council (the "Town''). WHEREAS, Subdivider and the District, in connection with the approval of the final plat for The Village (at Avon) Filing 1, consisting of 176.90 acres in Section 12, T. 5 S., R. 82 W. and Sections 7 and 8, T. 5 S., R. 81 W., of the 6th P.M., Town of Avon, Eagle County, Colorado (the "Subdivision"), desire 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 Exhibits A and B attached hereto and incorporated herein by reference; and • WHEREAS, the District is responsible for the performance and completion of public improvements ("District Improvements') assigned on Exhibit A attached hereto and incorporated herein by reference; and the Subdivider is responsible for the performance and completion of public improvements ("Subdivider Improvements") assigned on Exhibit B attached hereto and incorporated herein by reference; and collectively referred to as Improvements. 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 1 shall be promptly filed for record with the Office of the Eagle County Clerk and Recorder. 2. Completion of Work. (a) Performance. Subdivider and District agree to furnish all equipment, labor and material necessary to perform and complete, in a good and workmanlike manner, all . improvements and work incidental thereto assigned to each as set forth in Exlubits A and B. Subdivider and the District further agree that each will be responsible for all costs of ~~~a~,~Fu~~s~pgfpp~~Re~.=508; _ A Improvements assigned to it. 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 three (3) years 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 mprovements by the own. (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 the District or their 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 or the District, depending on the party responsible for the Improvement inspected, and subject to the • limitations set forth in paragraph 9 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 or the District, depending on the Improvements involved ("Notice of Non-Compliance'l. 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 or the District within two (2) working days of the date of the inspection. 3. cow for Completion of IuMmements. (a) SeQWJX To secure completion of the Improvements, Subdivider and the District hereby agree to secure their 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 District Improvements warranty period only); and land of acceptable value by deed of trust. (b) Substitution of Security. Either Subdivider or the District may substitute another form of collateral acceptable to the Town in place of the forms of security set forth below • ~,e Sara I~I~~~I~IIlulluu~uwu~ Page: 2 of 14 4 in order to guaranty the faithful completion of the Improvements and the performance of the terms of this Agreement. 4. District Im=vements. (a) Funding Resolution. The District has adopted a resolution (the "Funding Resolution') attached hereto as Exhibit E authorizing the District's execution of this Agreement and providing for the appropriation, segregation and use of funds in an amount sufficient to guarantee the construction of the District Improvements set forth on Exhibit A. The estimated costs of completion of the District Improvements are set forth on Exhibit C attached hereto and mcorpora a erem y reference: The Funding Resolution specifically provides that all funds referenced therein are unencumbered and free from claims-of others such that, if necessary; any requests for payment approved by the Town may be promptly honored. As a condition to recordation of the Final Plat, the District shall provide the Town Engineer with evidence that such funds have been appropriated and segregated in a separate account (the "Security Account") and identified for use in connection with this Agreement. The District shall renew the Funding Resolution at the beginning of each subsequent calendar year until all District Improvements have received final acceptance or until the District provides substitute collateral acceptable to the Town. (b) Security for interstate 70 Interchange. The parties acknowledge that the Town and Subdivider's predecessors-in-interest entered into an Annexation and Development Agreement ("Development Agreement') dated October 13, 1998, and a First Amendment to the Annexation and Development Agreement ("First Amendment') that among other things, addressed the construction of a full diamond interchange on Interstate 70 serving the Subdivision. Paragraph 4.3G) in the Development Agreement, and reiterated in paragraph 2(q) of the First Amendment, states that if the District provides the Colorado Department of Transportation ("CDOn with a completion bond or other security acceptable to CDOT with respect to completion of the Interstate 70 interchange, then the District shall have no obligation to also provide separate security to the Town for such improvements. The Town, Subdivider and the District agree that nothing in this Agreement shall alter or modify the terms of the Development Agreement or the First Amendment. (c) Progress Payments on District Improvements. The District may make progress payments to its contractors from the Security Account on a monthly basis upon the partial completion of itemized improvements which have been set forth in Exhibit C and upon fifteen (15) day's prior written notice including an itemized statement of the District to the Town. The District shall retain ten percent { 10%) of the amount of each payment until final completion and acceptance of all work covered by each construction contract; provided however, when the value of work completed has progressed to fifty percent (50%) of the contract amount, the District shall not be required to withhold additional retainage for the remainder of the work under such contract. The (10 ten percent retainage of the value of work completed may be I~3 of 14 IIIIIfII~~II%IR 008~.w q Sara reinstated if in the Town's opinion the lack of progress or other substantial reasons exist. Except for the foregoing, in no event shall any progress payment cause the remaining sum to be available in the Security Account for subsequent disbursements to be less than one hundred ten percent (110%) of the costs to complete all remaining District Improvements as estimated at the time of each progress payment. Upon completion of all work related to the District Improvements, the Town's acceptance of the District Improvements and the expiration of the Warranty Period set forth in paragraph 6 below, the Town shall release any further interest in the Security Account. (d) Default by District. In the event of a default in whole or in part by the District, the Town shall be authorized to access the funds in the Security Account for the purpose o un e g completion offemed"iauou wo c on Dlsftie y-Iinpro i thirty (30) days advance notice of default and providing an opportunity during such period for the District to cure the default. The Town shall be entitled to draw on the Security Account by Resolution of the Town Council stating (i) that the District is in default, and (ii) the funds are required in order to complete or correct work on the District's Improvements. District fiords identified in the Funding Resolution' shall be held, whether by the District or the Town, in compliance with the requirements of C.R.S. 29-1-803(1) for the purpose of providing for the completion of the District Improvements. 5. Subdivider Improvements. (a) Security for Co=letion of Subdivider's Improvements. Subdivider shall deliver to the Town an irrevocable letter of credit or other collateral consistent with Secti on 16.24.100 of the Code issued by a reputable financial institution in an amount equal to one hundred and ten percent (110%) of the estimated costs of completion of Subdivider's Improvements as set forth on Exhibit D. 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. (b) Pingress vments on Subdivider's Improvements. 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 D and upon written request including an itemized statement of the Subdivider to the Town, and (ii) the written approval of the Town or its designee; provided, however, if the Town fails to respond to a disbursement request within twenty (20) days such request will be deemed approved. 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 and ten percent (110%) of the estimated costs of completion of all remaining Subdivider's Improvements. Upon completion of all work related to Subdivider's Improvements and the Town's acceptance of Subdivider's Improvements, the entire amount of remaining collateral less those amounts described in paragraph 6 below, shall be released E 9291rmor 795008 Page: 4 of 14 1111111 Pill 11111111111111111111111111111111111111111 85/08/28a2 91:M Sara J Fisher Eagle. CO 09 R 70. 00 D 0.00 (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 Peri od, The Improvements shall be warranted to be free from defects in workmanship or quality or a period 0 one year ifter acceptance of il the wor aTown: In the event of any such defect, the Town may require Subdivider or the District, depending on which work is defective, to correct the defect in material or workmanship. The amounts for completion of all warranty work on District Improvements shall be secured by a letter of credit, bond or other acceptable collateral in the amount of one hundred and ten percent (110%) of the cost of such corrective work to be held by the Town during such one (1) year period, as a guaranty of performance of any work required under the above-described warranty. The amounts for completion of all warranty work on Subdivider Improvements shall be secured by a letter of credit or other acceptable collateral in the amount of one hundred and ten percent (110%) of the cost of such corrective work to be held by the Town during such one (1) year 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 7. ['ondition of Public Dedicated Roadways. The District 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 District for purposes of this Agreement; and the District 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. g. > nei_neerinta Certif cation. Upon completion of portions of the Improvements, Subdivider or the District will cause their 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. 9. 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 +s.R ll~llf~ll~~~ull~ll~uullllp~ Page: ~0~«"° . 09 Sara full. Additional fees shall be paid to the Town by Subdivider or the District, depending on which improvements are involved, 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. 10. No Obligation of Town to Complete Improvements• Subdivider and the District agree that in the event either shall fail to perform their 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 oo er ise, o er an the pU ~ess hereto; siatacggm-, as a eat1t'aftis- Agreement, any rights, claims or obligations from or against the Town, its agents, employees or officers. Actions by the Town against Subdivider or the District 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 or the District to complete the Improvements herein specified. 11. Non-Liability of Town• IndemnificatThe 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 and the District, respectively, hereby agree 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 or the District, respectively, as bereinbefore stated. Furthermore, Subdivider and the District 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. 12. Rid+s of Town in Event of Default. In the event that Subdivider or the District default 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 and the District of such default during which period of time the Subdivider or the District 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 or Exhibit B. 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 or the District, shall be paid by Subdivider or the District based upon their underlying responsibility for the improvement in question. Any such costs relating to the Subdivider Improvements, which have not been reimbursed by Subdivider, .rrs Sara ~IIIuI~Itlll~~~ll~l~llull~ m','w0~a814 ~.e. 99 . 00 D 0. 00 a shall be a lien on any property in the Subdivision owned by Subdivider at the time of default. Any such costs relating to the District's Improvements, which have not been reimbursed by the District, 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 or the District 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. 13. 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 and the District under this Agreement have been satisfied 14. -Amendments. This Agreement may be amended from time to time, provided that such amendment is in writing and signed by all parties hereto. 15. 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. es hereto have executed this Agreement as of the date first above written. TOWN OF AVON, a Colorado municipal corporation By: May APPRO TO FORM: Town Attorney • of 14 9°^_ 11111111111111111111111111111111111111111111111111111 Sara J Fisher Eacle, CC so R 70. 99 D 9. 00 TRAER CREEK LLC, a Colorado limited liability company agnus dholm Manager TRAER CREEK METROPOLITAN DISTRICT, a quasi - municipal corporation By: illiam J. P President • 9Z9/rwa IN~II~II~In~Yl~ll~lll~ll~llllll~ sa°. -a J Fisher Easle. CO 99 R 76. Go 0 9.99 -8- 1~ Exibit A DISTRICT IMPROVEMENTS 1. Demolition, Excavation & Grading A. Remove & Dispose of Existing Structures B. Excavation for Roadways & Overlot Grading C. Embankment Including Structural and Stockpile Fill II. Incidental Construction A. Erosion & Pollution Control B. Dust Control C. Revegetation III. Storm Drainage A. Nottingham Gulch to Eagle River B. Nottingham Gulch Debris Flow Mitigation Facilities (1-70) C. Roadway and Site Drainage Facilities to Eagle River D. Stormwater & Pollution Control Facilities IV. Utilities A. Water B. Sanitary Sewer . C. Natural Gas D. Electric (Pro-Rata 24% of Private) E. Telephone F. Cable TV V. Bridges and Structures A. Eagle River Bridge B. Union Pacific Railroad Bridge C. Retaining Walls Vi. Street Improvements Including Fine Grading, Sub-Base Materials & Preparation, Concrete Curb & Gutter, Medians,Crosspans & Sidewalks, Asphalt Paving, and Signage & Striping A. US Highway 6 B. Post Boulevard (US Hwy 6 to South 1-70 Access Line) C. Eaglebend Drive D. Nottingham Ranch Road E. Yoder Avenue F. Fawcett Road G. East Beaver Creek Boulevard/Chapel Place (Temporary Connection) VII. Street Landscaping is vin Street Lighting IX Management and General Conditions 795008 Page: 9 of 14 95/9812002 91:96F Sara J Fisher Eaele, CO as 0 9.11119 6 Exibit B SUBDIVIDER IMPROVEMENTS • I Dry Utilities B. Gas C. Electric D. Telephone/Communications II Construction Management and General Conditions • III~III~III~IIIIIIIAI~IIS111~1~1~~1=W°.~'.:_ 9.00 40 \V Exibit C s 0 ESTIMATED COST OF COMPLETION for DISTRICT IMPROVEMENTS 1. Demolition, Excavation & Grading $ 841 205 A. Remove & Dispose of Existing Structures $ , 772 301 2 B. Excavation for Roadways & Overlot Grading Z $ , , " C. Embankment Including Structural and Stockpile Fill II. Incidental Construction $ ~ A. Erosion & Pollution Control $ ~ 193,200 6. Dust Control $ 37,450 C. Revegetation III. Storm Drainage Nottingham Gulch to Eagle River A $ 613,765 . Nottingham Gulch Debris Flow Mitigation Facilities (1-70) B $ 13,E . C. Roadway and Site Drainage Facilities to Eagle River $ 682 1,83210 ,000 D. Stormwater & Pollution Control Facilities , IV. Utilities $ 1,025,387 A. Water $ 248.742 S. Sanitary Sewer C. Natural Gas Electric (Pro-Rata 24% of Private) D $ 103,669 . E. Telephone $ $ 40,624 F. Cable TV V. Bridges and Structures $ 1.738,066 A. Eagle River Bridge $ 673,176 B. Union Pacific Railroad Bridge $ 873,76 C. Retaining Walls VI. Street Improvements Including Fine Grading, Sub-Base Materials & Preparation, Concrete Curb & Gutter, Medians,Crosspans & Sidewalks, AsphaR Paving, and Signage & Striping $ 232,356 A. US Highway 6 Post Boulevard (US Hwy 6 to South 1-70 Access Line) B $ 1,132,786 . C. Eagiebend Drive $ $ 16,703 737 32 D. Nottingham Ranch Road $ , 343,010 E. Yoder Avenue $ 192,943 F. Fawcett Road G. East Beaver Creek Boulevard/Chapel Place (Temporary Connection) $ 320,542 VII. Street Landscaping $ 814,620 Vill Street Lighting $ 98,000 IX Management and General Conditions $ 1,088,126 0 TOTAL ESTIMATED COST $ 14,336,393 amount wil be noeseet "`*nw"'kchWe'In Nam W "P 1111111111111111111 lpbllll~llllllll~llnl~l~ :~=~.0~°.~ Exibit D ESTIMATED COST OF COMPLETION for SUBDIVIDER IMPROVEMENTS I Dry Utilities $ 127,862 B. Gas $ 328,285 C. Electric - - $ 303,458 ----D: Tefephone/Corrimuntcation5-II Construction Management and General Conditions $ 62,351 a TOTAL ESTIMATED COST 795008 Page: 12 of 05/98/2992 81408F Sara J F1sMr Easlac0 so R 70.00 0 8.00 $ 821,956 • 0 0 Exhibit E RESOLUTION OF TRAER CREEK METROPOLITAN DISTRICT REGARDING APPROPRIATION OF FUNDS UNDER SUBDIVISION IMPROVEMENTS AGREEMENT WHEREAS, Traer Creek Metropolitan District (the 'District') is a quasi municipal corporation and political subdivision of the State of Colorado; and WHEREAS, the District is authorized, pursuant to Section 32-1-1001(1)(d)(1), C.R.S., to enter into contracts and agreements affecting the affairs of the District; and WHEREAS, the District has entered into a Subdivision Improvements Agreement dated 2001 (the 'SIX) with the Town of Avon, Colorado (the "Town') and Traer Creek LLC, a Colorado limited liability company ("Subdivider') regarding the funding and/or construction of public infrastructure improvements in connection with the approval of the Final Plat of The Village (at Avon) Filing 1, Town of Avon, Eagle .County, Colorado; and WHEREAS, the District is responsible for the performance and completion of public improvements assigned on Exhibit A of the SIA (the "District Improvements"); NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF TRAER CREEK METROPOLITAN DISTRICT AS FOLLOWS: 1. The Board of Directors hereby finds, determines and declares that it is in the best interest of the District to execute and deliver to the Town the SIA and the appropriate officers of the District are hereby authorized to execute and deliver such SIA to the Town. 2. The Board of Directors hereby appropriates, reserves and allows for tender to the Town pursuant to the SIA available funds of the District in an amount not 'less than 14 336.393.00 (the 'Funds') to guarantee construction of the District Improvements. 3. The Board of Directors hereby certifies to the Town Council that the Funds are unencumbered and free from claims of others so that any requests of the Town for payment under the SIA may be promptly honored. The Board of Directors further certifies to the Town Council that the Funds have been set aside in a separate account and identified for the purposes recited herein and that such Funds shall be held in compliance with the requirements of Section 29-1-803(1), C.R.S., for the purpose of providing for the completion of the District Improvements. 4. This Resolution shall be renewed at the beginning of each subsequent calendar year until all the District Improvements have received final acceptance or until the District provides substitute collateral acceptable to the Town. ll~ll~ll~lll~~lluuull~lu~ Page: ON CO APPROVED AND ADOPTED this day of , 2001. TRAER CREEK METROPOLITAN DISTRICT William J. Post, President Attest: Eric E. Applegate, Secretary E 795008 Page: 14 of 14 05/98/2002 61:9W W:1Clic=\435 Tna Geek%csobrb1 aesolodon re appropriadon of finds under SLLdoc L_J VO RESOLUTION OF TRAM CREEK METROPOLITAN DISTRICT REGARDING APPROPRIATION OF FUNDS UNDER SUBDIVISION IMPROVEMENTS AGREEMENT WHEREA$ j Traer Creek Metropolitan District (the _ 'District') is a quasi municipal corporation and political subdivision ofthe State of Colorado; and WHEREAS, the District is authorized, pursuant to Section 32-1-1001(1)(d)(1), C.R.S., to enter into contracts' and agreements affecting the affairs of the District; and WHEREAS, the' District has entered into a Subdivision Improvements Agreement dated November 13, 2001 (the "SIA') with the Town of Avon. Colorado (the "Town') and Traer Creels LLC, a Colorado limited liability company ("Subdivider') regarding the ftmding and/or construction of public infrastructure improvements in connection with the approval of the Final-Plat of The Village (at Avon) Filing 1, Town of Avon, Eagle County, Colorado; and , WHEREAS, the District is responsible for the performance and completion, of public improvements assigned on Exhibit A of the SIA (the "District Improveieaettts'); NOW. THEREFORE, BELT RESOLVED BYTHE BOARD OF DIRECTORS OF TRAER 0- aMK METROPOLITAN DISTRICT AS FOLLOWS: The Board of Directors hereby finds, determines ,and declares that it is in the best interest of the District to execute and deliver to the Town the SIA and the appropriate officers of the District are hereby authorized to execute and deliver such SIA to the Town. 2. .71e Board of Directors hereby appropriates. reserves and allows for tender to" the Town pursuant to the SSA available funds of the District in an amount not less than $14,336,393 (the 'Tunds') to guarantee construction of the District Improvements. 3. The Board of Directon hereby certifies to the Town Council that the Funds are unenctuabered and free from-claims of others so that any requests of the Town for payment under the SIA maybe promptly honored. The Board of Directors further certifies to the Town Council that the Funds have been set aside in a separate account and identified for the purposes recited herein and that such Funds. shall be held in compliance with the requirements of Section 29-1-803(1). C.R.S., for the purpose of providing for the completion of the District Improvements. 4, This Resolution shall be renewed at the beginning of each subsequent calendar year until all the District Improvements have received final acceptance or until the District provides substitute collateral acceptable to the Town. L J 1~ [SIGNATURE PAGE FOR RESOLUTION REGARDING APPROPRIATION OF FUNDS . UNDER SUBDIVISION IMPROVEMENTS AGREEMMM APPROVED AND ADOPTED ibis $ day of D-rIft 2002. TRAER CREEK METROPOLITAN DISTRICT William J. st fresida t Attest: 'c E. Applegate, SeoretuY • W.%aicsizW35 Tner Creek molud%mlutfl m opproprkdm ot8Yldt undo ZA.wpd /0/ 4-4f, MAINTENANCE BOND /IIRA7 3 u KNOW ALL MEN IT TREU PRESENT That T.aer Croak Metropolitan Disl+ct , as PrmeW, end , aSunny. we held and fh* bound unto Town of Avon , et Ob11AM, in the full and m sum of Eight Hundmd_EinWy Five Thousand Dollam and 001100 Doom $ gas nnn r1n I, for on payment of tshidr wny well and truly to be suds. the PdWpd end Surety bind thameives, tMir balm, naubm sdmhpttratots, alocaaon and salons, tofmty end xw dly, &WV Y thaw p menu. WHEREAS. The Prbtdpsl let entered ira a writm contreee dated wo the Obvis far The Village (at Avon) Filing 1 Any corrective work performed during the one (1) year warra ft period shall be extended for one (1) y2ar fmm the date on which N Is Completed. WHEREAS, aid sons n provides that do PrhWpal will fwvM a bond eondhtomd to ornranI n for the period of One Year after approvel of the final adnate on Sabi Job, by the owner, spinet ell defeota In wvla andrlp and mmbriels which MW booms apparent dwbi sold period. NOW. THEREFORE; THE CONDITION OF THIS OBLIGATION IS SUCH. that K the Principal shell kW m "V Ow ObL*e for all loss that eltt 0611W may sort k by ramp of my defective materiels or wofkmenship which beroms epperam durbq the eforaeld Wlod. dm this oblbotioo don be void; otherwiss to ena In In fog fora and o/fed. Bond No. 23005807 37430 WOM • IP Pamela J. nsen Signed. soled and dated July 20. 2004 LAual Insurance Company faarepl AtO'""''"'`'' NOTICE FROM SURETY REQUIRED BY TERRORISM RISK INSURANCE ACT OF 2002 In accordance with the Terrorism Risk Insurance Act - of 2002 (referred to hereinafter as the "Act), this disclosure notice is provided for surety bonds on which one or more of the following companies is the issuing surety: Liberty Mutual Insurance Company; Liberty Mutual Fire Insurance Company; LM Insurance Corporation; The Fast V'berty Insurance Corporation; Liberty Insurance Corporation; Employers Insurance Company of Wausau (formerly 'EMPLOYERS INSURANCE OF WAUSAU A Mutual Company'; Peerless Insurance Company; and any other compi~tha#uIs a nde part nNritten by Liberty Bond Liberty Mutual Group for which surety Services (referred to collectively hereinafter as the "Issuing Suretiesm). NOTICE FORMS PART OF BOND This notice forms part of surety bonds issued by any one or more of the Issuing Sureties. DISCLOSURE OF PREMIUM The premium attnbutable to any bond coverage for "acts of terrorism" as defined in Section 102(1) of the Act Is Zero Doliam ($0.00)• DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The United States will reimburse the Issuing Sureties for ninety perco t (90%) of any covered losses from terrorist acts certified under the Act exceeding the applicable surety deductible. 40 LNIIC-6539 ?103 1~ THIS POWER OF ATTORNEY IS NOT VALID UNLESS R IS PRINTED ON RED BACKGROUND. 1282980 This Power of Attorney itmite the acts of those named herein, and they have no authority to bind the Company except In the manner and to the extent herein stated. 0 LIBERTY MUTUAL INSURANCE COMPANY BOSTON,MASSACHUSETTS POWER OF ATTORNEY KNOW ALL PERSONS BY THESE, PRESENTS: That Liberty Mutual Insurance Company (the "Company'), a Massachusetts stock insurance company, pursuant to and by authority of the By-law and Authorization hereinafter set forth, does hereby name, constitute and appoint DILYNN GUERN, KEVIN W. MCMAHON, FRANK C. PENN, PAMELA J. HANSEN, DONALD E. APPLEBY, GLORIA C. BLACKBURN, KRISTEN L MCCORMICK, FLORIETTA ACOSTA, CYNTHIA M. BURNETT, SUSAN J. LATTARULO, COURTNEY T. PETERSON, J. R. RICHARDS, JAMES S. ROSULEK, DOUGLAS J. ROTHEY, ALL OF THE CITY OF DENVER, STATE OF COLORADO.,...._....-.... each individually If there be more then one named, its true and lawful attorney-In-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as Its act and deed, ark and all undertaldn bonds, reco~rhizances and other surety obliga~tlons In the penal sum not exceeding ONE HUNDRED TWENTY-FIVE MILLION AND 00/100*" DOLLARS (S 125,000,000.00 ) each, and the execution of such undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents, shall be as binding upon the Company as 0 they had been duly signed by the president and attested by the secretary of the Company In their own proper persons. That this power is made and executed pursuant to and by authority of the following By-law and Authorization: ARTICLE-XIII - Execution of Contracts: Section S. Surety Bonds and Undertakings. Any oft" of the Company authorized for that purpose M writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attomeys-in-fad, as may be necessary to act in behalf of the Company to make, exam", seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attomeye4ri-fact, subject to the limitations set forth In their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such Instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as If signed by the president and attested by the secretary. By the following Instrument the chairman or the president has authorized the officer or other official named therein to appoint attomeys-In-fact Pursuant-to Article XIII, Section 5 of the By-Laws, Gamet W. Elliott, Assistant Secretary of Liberty Mutual Insurance Company,, is hereby authorized to appoint such attomeye-in-fact as may be necessary to ad in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect 4 WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of rberty Mutual Insurance Company has been affixed thereto In Plymouth Meeting, Pennsylvania this 12th day of May 9003 COMMONWEALTH OF PENNSYLVANIA COUNTY OF MONTGOMERY LIBERTY MUTUAL INSURANCE COMPANY IAI- Gamet W. Elliott, Assistant Secretary On this I 0h day of May .2=, before me, a Notary Public, personally came Gamet W. Elliott. to me known, and acknowledged that he Wan Assistant Secretary of Liberty Mutual Insurance Company; that he knows the seal of said corporation; and that he executed the above Power of Attorney and affixed the corporate east of Liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation. IN TESTIMONY N first above written. subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year `4 " "-.,'r •~:.~r. Ter P....., Notary Public ~~NSYt_~p'' 1G CERTIFICATE I, the undersigned, Assi cretary of Liberty Mutual Insurance Company, do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy, Is in full force and effect on the date of this certificate; and I do further certify that the officer or official who executed the said power of attorney is an Assistant Secretary specially authorized by the chairman or the president to appoint attomeys-in-fad as provided in Article All, Section 5 of the By-laws of Liberty Mutual Insurance Company. This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March, 1980. VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a certified copy of any power of attorney Issued by the company In connection with surety bonds, shall be valid and binding upon the company with the same force and effect as though manually affixed. R Z C g X ca m 0i Q F O~ LT 3e it i TESTIMONY WHEREOF3ah ve hereunto subscribed my name and affixed the corporate seal of the said company, this 22nd day of July By Davi M: Carey, Ass Secretary -z7 °rl, 7 i MARTI N / MARTI N CONSULTING ENGINEERS Engineer's Opinion of Project Conformity Project: The Village (at Avon) Filing 1, Avon, Colorado, Phase 1 Location: Avon, Colorado I hereby certify that I am a licensed engineer registered in the State of Colorado. To the best of my knowledge and belief, based upon site observations by Martin / Martin Inc. personnel, along with test results, reports, and information provided by others, the constructed improvements on the above referenced project and the materials incorporated therein are in reasonably close conformity with the contract plans, specifications and standards. The contract plans, specifications and standards for the project are those presented in The Village (at Avon) Filing 1, Avon, Colorado, Phase 1 Final Plan Submittal - January 23, 2002, as approved by the Town of Avon, and subsequent revisions thereto. Attached to this document is a letter defining items that were constructed in general conformance with the plans and specifications, but have sustained damage that will be specifically observed at the time of the Warranty Walkthrough. Also attached is the final observation punch list stating the outstanding items that have been completed. This opinion of project conformity is limited to those portions of the project designed by Martin / Martin Inc. By: in / N§r11rQh% 22627 Date: NAL • 12499 WEST COLFAX AVENUE. P.Q. BOX IS] 500 . LAKEWOOD. COLORADO 8021 5 . 303.431 .61 00 Y V42., -V-/ MARTI N /MARTIN CONSULTING ENGINEERS September 29, 2004 Mr. Tony Rathbun SEMA Construction 7353 South Eagle Street Englewood, CO 801124223 This letter addresses two issues requiring monitoring on the Phase IA punch list. Items EB-15 "Monitor wingwall crack on north-west approach" and PB-5 "Monitor crack in slope paving (South side of Post Blvd.) Sta. 45+60" were monitored by Martin/Martin in the past year. The items of concern were observed and noted as follows: • EB-15 "Monitor wingwall crack on north-west approach" The crack in the wingwall was marked by Martin/Martin using epoxy paint. Ends of cracks and crack width was monitored for approximately one year. No additional movement was observed during this time period. It is our professional opinion, due to the absence of additional movement in the crack, the structural integrity of the wingwall has not been compromised. The wingwall will be observed again at the time of the warranty walkthrough, approximately one year from now. PB-5 "Monitor crack in slope paving (South side of Post Blvd.) Sta. 45+60" The crack in the slope paving has been observed for approximately one year. No observable movement or degradation has taken place over the observed time. The slope paving will be observed again at the time of the warranty walkthrough, approximately one year from now. In addition to these items it has been noted by the Town of Avon that the sidewalk replaced at Station 45+50 and Station 50+00 was placed during inclement weather conditions. It was difficult to ascertain if any substantial damage was done to the concrete due to the wet weather, so the consensus for this concrete was to observe the condition of the sidewalk in approximately one year at the warranty walkthrough, and if any degradation has taken place the slabs will be replaced. Re ectfully, Joshua Laipply, P.E. Project Engineer r1 12499 WEST COLFAX AVENUE. P.O.BOX 1 51 500 . LAKEWOOD, COLORADO 6021 5 . 303.431 .61 00 IV% To Traer Creek Copy To: file Subject: Walkthrough Observation The following was observed: FIELD OBSERVATION REPORT Pa eg 1 of 2 By: Joshua Laipply Date: September 28, 2004 Project No.: 15159.C.10 Project Title: The Village at Avon Phase la Location: Phase 1A Contractor: Sema Construction Owner Traer Creek Weather Temp. 70 ° at 1:30 []am ®pm Present at Site: Tony-SEMA Erik-Traer Creek Norm-TOA Joe-TOA 0 On September 24, 2004 Martin/Martin arrived on site to observe the completeness of the Phase IA punchlist. Storm - pipe, inlets, manholes, sedimentation pond, energy dissipators All items were observed complete in this category. Item D-9 & D49 "Remove dirt and debris from energy dissipators" has been completed. Curb & Gutter, Sidewalk, Pedestrian Railings All items were observed complete in this category. Item C-12 seeding has been completed therefore the item is complete. Roadway - asphalt, rim elevations, valves, lighting All items were observed complete in this category. Eagle River Bridge & MSE Walls All items were observed complete in this category. ""Touch up of Bridge Railing on all four approaches" has been completed (EB-2). For item EB-15, "Monitor Wingwall crack on North- west approach," Martin/Martin will observe the wingwall at the warranty walkthrough to ascertain if any movement has occurred. To date no noticeable movement has occurred. Irrigation Ditch All items were observed complete in this category. U G:UiAYNES\15159 C 01 Avon Const\IA-Fieid Reports\A 040924 1Ldoc Revised 05/02 ,~a FIELD OBSERVATION REPORT Page 2 Post Boulevard from Roundabout 3 to Roundabout 4 is All items were observed complete in this category. Item P13-5 "Monitor crack in slope paving," will be observed in the warranty walkthrough to ascertain the condition of the slope paving. It was also noted by the Town of Avon that sidewalk placed at Station 45+50 and 50+00 was placed during rainy weather. This portion of walk will be observed in the warranty walkthrough for any surface wear or damage that has occurred as a result of the wet weather placement. Remaining items on the punchlist consisted of three groups. The first group "Misc. Issues" were issues provided by Alpine Engineering and the removal of these items should be verified by Alpline Engineering. The second category is "Unresolved Corrective Issues", these issues are to be resolved by the Owner through discussions with the Town of Avon. The last group are issues noted by the Town of Avon and the Owner. These issues are either aesthetic or observations not made by Martin/Martin that we feel do not impact the general conformance of the project. The interested parties should further pursue these issues with the Owner or Contractor to nullify their respective concerns. A warranty walkthrough will be scheduled when the Contractor's warranty is coming to an end and when the ToA is available. Martin/Martin anticipates this to be approximately one year from now. • L~ G'\HAYNES%I5159 C_01-Avon_Const\IA-FieldReports\A 040924 JL.doc Revised 05102 4251 Kipling Street • P.O. Box 4001 wheat Ridge, Colorado 80034-4001 • Telephone: 303-431-6100 • www.marLinmartin.com Civil Department Fax: 3034314028 Structural Department Fax: 303-431-6866 Marketing Department Fax: 303456-9923 To: FIELD OBSERVATION REPORT Page 1 of 2 Traer Creek By: Date: Project No.: Project Title: Location: Contractor: Owner Weather Present at Site: Joshua Laipply July 11, 2005 15159.C.30 The Village at Avon Phase la Phase 1 A Sema Construction Traer Creek Temp. 80 ° at 1:00 Elam ®pm Erik-Traer Creek, Tony - SEMA Copy To: file Subject: Walkthrough Observation The following was observed: On July 11, 2005, Martin/Martin arrived on site to observe the one-year performance of construction on phase 1 A of the Village at Avon. The following items were noted completed: 1) Depression in the asphalt adjacent to manhole on Yoder near station 14+00 2) Two sections of curb and gutter with severe deterioration between station 8+00 and 17+00 on Yoder 3) Broken corner of sidewalk (south side of walk) on Yoder near station 10+00 4) Water line trench settlement in Fawcett near station 6+08 5) Settlement of sidewalk at inlet I-20 on Fawcett 6) Diagonal crack in East bound Post blvd. near station 40+00 Additional locations were asphalt patched per Tony with SEMA, as he thought the road would perform better. The items corrected are documented with photos attached. If there are any questions or concerns regarding this list please feel free to contact me. C:\i ocunients and Settjngs\nwo0d\L0ca1 Settingffemporary Intemet Files\OLK23\A 05071 1 JL.doc Revised 05/02 • -in 1 i II Il;ll~l; ~ '1~ l~ l C ~ I I ~I il~;~ ..t-_ _ ,=Fry • • Page 1 1~ • u :7 1117! '7111AS4 SIX Page 2 IP Page 1 of 1 Erik Peterson From: Josh Laipply [JLAIPPLY@MARTINMARTIN.COM] Sent: Tuesday, July 26, 2005 3:59 PM To: Erik Peterson; Kevin Ho Cc: trathbun@semaconstruction.com; Bruce Haynes Subject: Inlet 1-19 Mr. Peterson Martin/Martin has performed on-site observations of inlet 1-19 on Yoder Ave. The slope is very near flat at this inlet, but we believe that flow will make it to the inlet with minimal ponding. Any sediment present in the curb pan, at this time, can be attributed to the inlet protection placed at the inlet's mouth. It is our opinion that this inlet, as it was observed on July 5, 2005, is functioning as designed. Joshua Laipply, P.E. Senior Project Engineer MARTIN/MARTIN, INC. 12499 West Colfax Avenue Lakewood, Colorado 80215 303.431.6100 Ext. 230 fax 303.456.9923 j laipply@martinmartin.com www.Mg!linMartin.com RECEIVED • • AUG 1 9 2005 0 Community Development 8/10/2005 _bA E Engineer's Opinion of Project Conformity Project: The Village (at Avon) Filing 1, Avon, Colorado, Phase 1 Location: Avon, Colorado I hereby acknowledge that I am a licensed engineer registered in the State of Colorado. To the best of my knowledge and belief, based upon site observations by Alpine Engineering, Inc. personnel, along with test results, reports, and information provided by others, the constructed improvements on the above referenced project and the materials incorporated therein are in general conformance with the contract plans, specifications and standards and maintenance agreement. The contract plans, specifications and standards for the project are those presented in The Village (at Avon) Filing 1, Avon, Colorado, Phase 1 Final Plan Submittal - January 23, 2002, as approved by the Town of Avon, and subsequent revisions thereto. • An exception to this is the riprap channel below Buffalo Ridge in the CDOT Right-Of-Way. The riprap was not grouted as indicated on the plans. This change was requested by CDOT as reported by the Contractor. This opinion of project conformity is limited to those portions of the project designed by Alpine Engineering, Inc. By: Michaeler, PE .0% rwl r 36 83 for Alpine eering. Inc. • 3~ Seeding In Avon P//age 1 of 1 ..z s Erik-Peterson From: Tony Rathbun [trathbun@semaconstruction.com] _ • Sent: Friday, July 01, 2005 6:26 AM To: Erik Peterson Cc: Mike Sliper Subject: FW: Seeding In,Avon Erik, Confirmation from CDOT. Tony From: Pitkin, James [mailto.James.Pitkin@DOT.STATE.CO.US] Sent: Thursday, June 30, 2005 4:41 PM To: Tony Rathbun - Cc: Bacialli, Mark; Verketis, Stephen (Mike); Turner, Robert Subject: Seeding In Avon Tony, Your people showed up as scheduled to seed the disturbed area along-1-70 WB that was previously rip-rapped; • the permit number associated with this project is #11,393. CDOT considers this project complete. Thank you, Jim Pitkin Colorado Department of Transportation PO Box 452 Gypsum, CO 81637 Office 970-524-0627 FAX 970-524-0626 This message has been categorized as "Legitimate" by Bayesian An'al'yzer. If you do not agree, please click on the link below to train the Analyzer. This message is Spam Or if the link above is not clickable: http://10.1.1.34/bt/a.aspx?M=C:%5Csmtpmail%5CBayesTraining%5C2005-06-30%. 5 Cd5 7a2edc6b7946d495cbe9240716fbcf&C=2 • 7/1/2005 1; ALPINE ENGINEERING, INC. July 28, 2005 Mr. Norman Wood, PE Town Engineer P.O. Box 975 Avon, CO 81620 Re: The Village (at Avon) - Filing 1 Chapel Place Culvert Dear Mr. Wood, The 18" CMP culvert beneath Chapel Place near the entrance to The Village (at Avon) was extended on either end by approximately 3-feet. This resulted in flattening of the foreslopes, which have been revegetated and should function acceptably. • Please do not hesitate to call me at 926-3373 if you have any questions. Sincer ly Michael J. Sliper, P.E. cc: Kent Kriehn, Erik Peterson, Kevin Ho RECEIVED • AUG 1 9 2005 Community Development own 61 von cu oc Edwards Business Center • P.O. Box 97 - Edwards, Colorado 81632.1970) 926-3373 - Fax (970) 926-3390 n /74a 5' Gg.)te HEPWORTH-PAWLAK GEOTECHNICAL September 28, 2004 ' Sema Construction Attn.: Tony Rathbun 7353 South Eagle Street Centennial, Colorado 80112 Hepworth-Pawlak Geotechnical, Inc. 5020 County Road 154 Glenwood Springs, Colorado 81601 Phone: 970-945-79.88 Fax: 970-945-8454 email: hpgeo@hpgeotech.com Job No. 103 583 Subject: Conformity of Construction, Town of Avon Requested Documentation, The Village at Avon, Filing 1, Phase 1, Avon, Colorado Dear Mr. Rathbun: Hepworth - Pawlak Geotechnical, Inc. provided quality assurance testing and observation of earthwork, aggregate base course, concrete, and asphalt paving during construction of the above referenced project from -June 2002 through April 2004 for the Tr'aer Creek Metropolitan District, under, our Job No. 102 349. We performed quality. control testing related, to the project for Sema Construction from September 2003.through.the present under our Job No. 103 583. Western Colorado Testing (WCT) also performed quality control testing for the asphalt paving on the project and provided us with field copies of their test results. In their letter to Traer Creek LLC dated August 26, 2004, The Town of Avon iquested additional testing and observation reports related to the 2003 con"str fiction season.' After review of our project files, we believe the requested documentation does'not exist. However, the overall results of our quality assurance and quality control testing and observations, and the asphalt quality control test results provided by WCT, as a whole, indicate that the project was constructed in substantial confonnance.with the'project, specifications. If you have any questions, please contact the undersigned. Sincerely, HEPWORTH - PAWLAK GEOTECHNICAL, INC. Thomas J. Westhoff Q Reviewed by: z 0 7;w 6 J David A. Young, P.E. cc: Traer Creek MetropolitaniVM -Erik Peterson Parker 303.841-7119 Y Colorado Springs 719-633-5562 e Silverthorne 970-468-1989 • ICJ Iq • SEMA CONSTRUCHONINC AvoTowas Town of Avon DATA - lriY 1 :'z ° OE8C6B'TION t WV= AMOUNT.- 0 : BALAHI~ 7-29-05 072905 100206 1130.60 .00 1130.60 CHECK 8-03-05 CHECK 179848 TOTAL, 1130.60 .00 1130.60 NUMBER PL .QZC Ut 1 MoM AIMY MCI AM MAN T wn mwwrwv egMC~k arc (.stu14~C ~4#Cht#S kx4fClk E THE FACE OF THIS DOCUI Sk CONSTkUCTI6!V JNC. ' 73 3 UGLE ST CENTENNIAL. CO 84112'. ; . • 303y627=2600 pay: ***if& 0*14"One thous9" d one un n `PAY Town of Avon To THE P.O. Box 9751. ORDER C* Avon, CO 81620 US BANK Oft 17TH STREET DENVER, CO 8=' Z' / ; 1021 T CHECK NO. AMOUNT ust 3, 2005 179848 $******1,130.60 of 'rs and 6b cents ; u@000 L 4984811' 1: LO 2 LO L64 51: L 264000 3 5 54 20 ~J