TC Res. No. 2005-38 APPROVING AND ACCEPTING PUBLIC IMPROVEMENTS HAVINGTOWN OF AVON
RESOLUTION NO. 05-38
Series of 2005
A RESOLUTION APPROVING AND ACCEPTING PUBLIC IMPROVEMENTS HAVING
SUCCESSFULLY COMPLETED THE ONE YEAR WARRANTY PERIOD FOR SAID
IMPROVEMENTS INSTALLED AND CONSTRUCTED IN ACCORDANCE WITH
SUBDIVISION IMPROVEMENTS AGREEMENT FOR THE VILLAGE (AT AVON)
FILING 2
WHEREAS, the Town of Avon entered into a SUBDIVISION IMPROVEMENTS
AGREEMENT, dated April 23, 2002, with Buffalo Ridge Affordable Housing Corporation and
Buffalo Ridge II LLLP in connection with the approval of the Final Plat for The Village (at Avon)
Filing 2, Town of Avon, Eagle County, Colorado; and
WHEREAS, said Agreement established certain public improvements to be constructed in
conjunction with said subdivision; and
WHEREAS, Town of Avon Resolution No. 04-29, Series of 2004, approved and accepted said
public improvements as of July 27, 2004,. pending completion of one year warranty period extended
to July 27, 2005; and
WHEREAS, the warranty work on the Subdivider's Improvements are secured by a dual obligee
bond in accordance with the Subdivision Improvements Agreement; and
WHEREAS, an on-site warranty inspection was performed with the Project Engineer and
Contractor's representative on July 22, 2005; and
WHEREAS, all public improvements required by the Subdivision Improvements Agreement were
found to be in satisfactory condition at-the end of the stipulated one year warranty period with the
exception of the required establishment of vegetation in the lower reach of the channel in Basin 10
and the upper reach of the channel in Basin 9.
I:\Engineering\Avon Village\3.0 Filing Mompletion\Warranty Res.Doc
NOW, THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF, THE TOWN OF
AVON, that-
.1., The public improvements required to be constructed in conjunction with the
SUBDIVISION IMPROVEMENTS AGREEMENT- for The Village (at Avon) Filing 2 have
satisfactorily completed the established one year warranty period ending July 27, 2005 and
are hereby approved and accepted, with the exception of the establishment of the required
vegetation in the lower reach of the channel in Basin 10 and the upper reach of the channel
in Basin 9.
2. The warranty period for the lower reach of the channel in Basin 10 and the upper
reach of the channel in Basin 9 is hereby extended one year for a period ending July 27,
2006, for the establishment of the required vegetation.
3. The dual obligee bond shall remain in full force and effect through the extended.
warranty period
ADOPTED THIS I DAY OF 2005.
TOWN COUNCIL
TOWN OF AVON, COLORADO
®F A~
Ronald C. Wolfe, Mayor
ATTEST:
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lAEngineering\Avon Village\3.0 Filing 2\Completion\Warranty Res.Doc
Memo
TO: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Norman Wood, Town Engineer
Date: October 1, 2005
Re: The Village (at Avon) Filing 2 - Public Improvements Warranty Completion
Resolution No. 05-38, Series of 2005 A Resolution Approving and Accepting
Public Improvements Having Successfully Completed the One Year Warranty
Period for Said Improvements Installed and Constructed in accordance with
Subdivision Improvements Agreement for The Village (at Avon) Filing 2
Summary: Resolution No. 05-38 (Exhibit 1) approves and accepts the public
improvements having completed the one year warranty period in conformance with the
Subdivision Improvements Agreement for The Village (at Avon) Filing 2 (Exhibit 4).
A field inspection was performed on July 22, 2005 to evaluate the condition of these Public
Improvements following the one-year warranty period ending July 27, 2005 as established by
Resolution No. 04-29 (Exhibit 3). Participants in this field inspection were Sandra E.
Mendonca, P.E., Project Engineer with Inter-Mountain Engineering, Ltd.; Bill "Thunder"
Thornton, project manager for Colorado First Construction Company; Joe Bair, special
inspector for the Town of Avon and Norman Wood, P.E., Town Engineer for the Town of
Avon. In this inspection the improvements were found to be in satisfactory condition with the
exception of the required establishment of vegetation in the lower reach of the channel in
Basin 10 and the upper reach of the channel in Basin 9. The condition of these channels is
documented in attached letter (Exhibit 2) dated August 18, 2005 from Sandra Mendonca, P.E.
with Inter-Mountain Engineering, Ltd.
Resolution No. 05-38 has been drafted to approve the public improvements as having
successfully completed the one year warranty period with the exception of the revegetation in
these two areas. It extends the warranty period on these exceptions for another year and
requires the dual obligation bond remain in full force and effect throughout the extended
warranty period
1:\Engineering\Avon Village\3.0 Filing 2\Completion\Wananty Res.Doc
We recommend approval of attached Resolution No. 05-38, A Resolution Approving and
Accepting Public Improvements Having Successfully Completed the One Year Period for
said Improvements Installed and Constructed in Accordance with Subdivision Improvements
Agreement for the Village at (Avon) Filing 2.
Recommendation: Approve Resolution No. 05-38, Series of 2005, A
Resolution Approving and Accepting Public Improvements Having Successfully Completed
the One Year Warranty Period for said Improvements Installed and Constructed in
Accordance with Subdivision Improvements Agreement for The Village (at Avon) Filing 2.
Proposed Motion: I move to approve Resolution No. 05-38, Series of
2005, A Resolution Approving and, Accepting Public Improvements Having Successfully
Completed the One Year Warranty Period for said Improvements Installed and Constructed in
Accordance with Subdivision Improvements Agreement for The Village (at Avon) Filing 2.
Town Manager Comments:
Attachments:
Exhibit 1 - Resolution No. 05-38, Series'of 2005
Exhibit 2 - Inter-Mountain Engineering; Ltd. Letter of August 18, 2005
Exhibit 3 - Resolution No. 04-29, Series of 2004
Exhibit 4 - Subdivision Improvements Agreement
IAEngineering\Avon Village\3.0 Filing ICompletionMamanty Res.DocO Page 2
Exfli,61 r 2
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August 18, 2005
Norman Wood
Town of Avon
P.O. Box 975
Avon, CO 81620
Re: Buffalo Ridge SIA Final Acceptance and Warranty Release
Dear Norman:
I re-visited the referenced project today. CFCC removed, the perimeter silt fence (leaving the hay
bales and straw wattles, as you requested). They also re-laid the fabric against the existing _
ground surface on the eroded slopes adjacent to and between the flared end sections on the pond
outlet pipes above buildings 11 and 12 and placed rock ballast over it for additional protection.
Looking east along CDOTfence adjacent to path south of buildings Upper reach of channel in Basin 10, looking uphill ai
where silt fence was removed (typical) pond outlet between buildings I I and 11
I also checked those portions of the lower reach of the channel in Basin 10 and the upper reach
of the channel in Basin 9, where minimal or no vegetation was observed on 7-22-05, to
determine whether new germination occurred following corrective actions taken by CFCC on 7-
26-05.
8392 Continental Divide Road, Suite 107 • Littleton, Colorado 80127 Phone: (303) 948-6220 Fax: (303) 948-6526
40801 U.S. Hwy 6, Suite 203 • PO Box 978 • Avon, Colorado 81620 Phone: (970) 949-5M Fax: (970) 949-9339
Toll Free: (800) 856-2258
No new sprouts were observed in the lower reach of the channel in basin 10. In this area, CFCC
has been given the option to soil load over the' fabric (with a maximum of 1/4" topsoil), then
hydro-seed and mulch with a tackifier and continue temporary irrigation, as needed, until
vegetation establishes. The area will be checked for re-vegetation in the spring of 2006. If it
remains un-vegetated at that time, the mat will need to be lifted from un-vegetated areas,
hydroseeded with a tackifier to hold the seed in place, the'mat replaced, and temporary irrigation
provided until vegetation is established.
There is substantial new growth in the bottom of the upper reach of the debris flow mitigation
overflow channel in Basin 9; however, no new sprouts were observed on the side slopes. CFCC
plans to continue temporary irrigation through the summer in this area. Re-growth should be
verified in the spring of 2006. If there is no re-growth and/or the side slope remain un-vegetated.
at that time, the mat will need to be lifted from un-vegetated areas, hydroseeded with a tackifier
to hold the seed in place, the mat replaced, and temporary irrigation provided until vegetation is
established.
Closeup photograph showing gern
lack ofgermination on side slopes
vegetation in this area
Lower reach of channel in Basin 10, looking uphill from bicycle
and pedestrian path between buildings 6 and 7
looking uphill between buildings 14 and 15
Otherwise, based on observations made during this and previous site visits conducted in July and
August of 2005, to my knowledge, information and belief the public improvements for the
referenced project are substantially free of visible defects. CFCC is requesting warranty release
for the. completed work, with the exception of the -channel protection and re-vegetation in the
specifically referenced areas, at this time.
This document is not a guaranty or warranty, either expressed or implied. It was prepared for the
exclusive use of the Town of Avon. Should you have any questions regarding the information
contained in this letter, please contact the undersigned at your convenience.
RE
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P.E.
cc: Bill "Thunder" .Thornton, CFCC
E. J. Olbright, CFCC
James Fitzpatrick, Corum
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J TOWN OF AVON, COLORADO
RESOLUTION NO. 04-29
Series of 2004
A RESOLUTION APPROVING AND ACCEPTING THE PUBLIC IMPROVEMENTS
INSTALLED AND CONSTRUCTED IN ACCORDANCE WITH SUBDIVISION
IMPROVEMENTS AGREEMENT FOR THE VILLAGE (AT AVON) FILING-2 AND
ESTABLISHING WARRANTY PERIOD FOR SAID IMPROVEMENTS
WHEREAS; the' Town of Avon entered into a SUBDIVISION IMPROVEMENTS
AGREEMENT, dated April 23, 2002, with Buffalo Ridge Affordable Housing Corporation and
Buffalo Ridge II LLLP in connection with the approval of the Final Plat for The Village (at Avon)
Filing Town of Avon, Eagle County, Colorado; and
WHEREAS, said Agreement established certain public improvements to be constructed in
conjunction with said subdivision; and
WHEREAS, said Agreement established requirements for the provision of security deposits to
assure completion of the improvements in accordance with the_Agreement and the subsequent
release of the security deposits upon completion and the stipulated warranty period; and
WHEREAS, said public improvements were substantially complete as of July 27, 2004; and
WHEREAS,-all required documentation for approval and acceptance of the improvements has
been submitted.
NOW, THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
AVON,'that:
1. The.public improvements required.to be constructed in conjunction with The Village
(at, Avon) Filing 2 are substantially complete as of July 27, 2004, in accordance with the
SUBDIVISION IMPROVEMENTS AGREEMENT and the stipulated one-year warranty
period for said improvements shall extend to July 27, 2005.
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.
Resolution No. 04-29 Public Improvements V@A
Page I of 2
3. Effective July 27, 2004, the security deposit may be released and warranty. work on
Subdivider's Improvements will be secured by a dual obligee bond in accordance with the
Subdivision Improvements Agreement.
ADOPTED THIS. DAY OF a , 2004.
7-
,
ATTEST,
Town Clerk
TOWN COUNCIL
TOWN OF AVON, COLORADO
t A
Albert D. Reynolds, May
Resolution No. 04-29 Public Improvements V@A
Page 2 of 2
40C ix 4
s.. _ . Q
. ~lQ O"
"SUBI)IVISION EMPROVEMENTS AGREEMENT
03
day of April, 2002, is
THIS AGREEMENT, made and entered into this
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").
RECITAM
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
Cede, 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 ExWt 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 C 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 finther
514415.10 FLaher n°3z,,a
agrees that *it will be responsible for ell 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 construetion of Improvements. All
Improvemems shall be 'completed within twenty-four. (24) months of the data. of the
Town's apptval 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-Improve is 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
constriction' of. the Improvements: Such inspections.'by••the. Town shall not -relieve
Subdivider or its agents from any responsibility .or.obli idn ta. assure that all work is
completed '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-hulepemidentthird. party inspector, shall be•paidby Subdivider
and;subject•to the limitations set-forth in.p hIbelow.
(4) Notice C'f Non&M 'fiance. Iu the. event that the ' Town,
through the inspectors, . reasonably ddernmines. that the Improvemems are not in
compliance ,with the pre-approved ' oonsnuttion 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 descdIdng tba,uasatisfactory
.construction, work. with, specific reference to ;he. applicable- construction plans and
:specificatioes.. The -Notice of Non-Compliance must be provided to • Subdivider. within
t wo •(2) vi t6r g 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 Agreemment with Collateral. in
accordancewith 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
tennis of this Agreement.
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4.. Subdivider Improvements.
(a) Security for. Completion of Subdivider's Improvements.
Subdivider shall delivWto 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 tho- Code in -an amount- equal to one hundred percent (1006A) of the
estimated cost of 'completion-of Subdivider's Improvements set forth on Exhiblt W. The
Town hereby aclmowledges.that the Final Plat for-the Subdivision may be r+ecorded.pnoi .
to the closing of the IUD Financing, but Subdivider acknowledges. and agrees that if the
HUD Financing has not closed and the letter(s) of credit or-other couiter4:acceptable to
the Town has not been delivered to the Town within IS days -after recordation of the Final
Plat for the Subdivision, either Traer Creek LLC ("Traer Creelr a Colorado hnuW
liability company,. the current owner of the reatpr+operty 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 Midge Apartments.' The- Subdivider may make
progress payments to. its contractors on a monthly basis upon .®r the partial completion of
itemized impmvements for which cost estimates have been set forth in Fxhit B and
upon written request to the Town including.: an itemized statement and certification of the . ,
Subdividei of completion - and acceptance of itemized improvements . bar 3ulidivider's
engineer, and (ii) the written approval of the Town or its designee; provided, however, if
the Town fails to .respond' lo a disbursement regtuest within seven _(7) -days such: request
will be deemed approved. The' itemized statement and certiffcation• 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 specificatioaL Upon the approval
of such progress payments,, the.amoud.of collateral shall'be reduced.byfthe. amount of
such payment; Provided, however, that in no event will. arty such reduction cause the
amount of remaining collateral . to be less than an amount equal to - one htmdred percent '
(100%) of the estimated'cosw of completion of all remaining s"videea -lmpmvemeats.
Such progress payments - shall be - disbursed to the contractor in accordance with the,'
construction contract executed for the construction of the Ju4 mvements and. approved in -
connection .with the.HUD Financing; -provided,-however, retainage of ten percent (100/0)'
shall be withheld with. respect to all disbursements until the Improvements - have.. been
completed. Upon completion of all work related m. Subdividees improvements and the
Town's acceptance of the completion. of Subdividers Improvements;. the entire' amount of
remaining collateral, less the amounts or other security described.in paragraph S, 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
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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 workmahip or quality for a period of one (1) year slier acceptance of all the
work by the Town. In the event o€ any.s4ch.defect, the Town may require Subdivider to
correct the defect in.material or .workmanship. The amounts for completion of all
warranty work on Subdividers Improvements shall be secured by a dual obligee bond.
("Bond') in form approved by the Town, fiun the subcontractor constlvcting the'.
Imprdvements, naming Subdivider and SubdividWs prime contractor as obligees, in the
amount of one hundred percent. (1000/O) 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 connective work is
performed during.the one (1) yeas warranty period then the warranty on.mdd 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 warty 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:. Enttineerintt _9a cation: . Upon completion of portions of the
Improvements, .Subdivider will cause its :engineers (whoa shall be rtgistesed 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 complere$ *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. ' Su von 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 -few 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°A) percent of the direct costs, but in no
event will the total amount of 'such 'additional fees exceed five 'percent . (5%) of
construction costs.
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5144158 Sara J Fisher Eagle, CO 99 R 80. so S,~D 0.00 1.S2P
9, No Obliggon 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 Tdwn, its agents,
employees or officers.. Actions by the -Town againstSubdivider to enforce any provision
of this Agreeanent 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 par t 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 'own.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
of ficer, agent or employee thereof, be liable for any persons or property injured by reason
of the-neume 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; clams, damages or
liabilities (or actions in respect thereof) that arise, out of; or are based upon, any am or
omissions in-the•pecfona'--of the-obligations of Subdivider, as'hereinbef)m stated; but
notwith regard to'any losses, claims, damages or liabilities to which the Town or aay of
its officers, : agents or employees .may be. subject and resulting. fimn 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 defmilts
in whole or in part in the performance of this. Agreement, and after the .expiration of thirty
(30). days after haying given wntton. notice to Subdivider of such default during which .
period .of time the..Subdivider fafled to--correct said defhult, 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
.Cogs of personnel, equipment and other matters expended by -the' Town in firrffi nce 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 of
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 * Certifi►ina Completion and Final
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 ruining with the land and shall be binding on the
successors and assigns of the parties hereto.
15., Acouisition of Froperty and Non Liability of Traer Creek. Subdivider
hereby discloses and the Town hereby aclmowledges 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 ft IUD 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 perfoimance hereunder upon its acquisition' of title to
my portion of the real property. covered by the Final Plat.
The parties b ve executed this Agreement as of the date 5rst.above written.
OF 4'p,
TOWN OF AVON, a Colorado
' mumcipal corporation
T: SEAL"
By:
wn C M o
"PPLOVEP AS TO FORM:
T Attorney
BUFFALO RIDGE AFFORDABLE
HOUSING CORPORATION,
ATTEST: a Colorado nonprofit corporation
46*V701"'
*V701-
J
796832
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Title: U+c.~ ~neS~o~~
BUFFALO RIDGE II LLLP.,a Colorado limited
liability limited partnership
BY. , - CORUM 9UFFAL0 RIDGE LLC, a
. Colorado.limited liability company, General
111111111111111111 oil 11111111 79r2832
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95/2B/2092 01:52~
Sara J Fisher Eagle, CO .89 R Be." 0 9.09 11
SWISS
f J~ • .
• ti
v
COUNTY OF )
The foregoing instniment was awledged before me this- , day of
20062, by k
as of e o of Avon, a Colorado municipal
corporation. •
STATE OF COLORADO )
)ss.
Witness my hand and official seal. PCY ~QY__nn
ry~ • •e
u_ i •~OTAy J-
My commission expires: My Co mission Ex 09~~r
e
e
Ndbdl~ubllc
STATE OF COLORADO )
)as.
COUNTY OF )
The foregoing instrument was acknowledged before me this o?b day- of
200 a2 by
Z e - o Buffalo Ridge Affordable
Corporation, a Colorado nonprofit corporation. A YUG.
Witness my hand and official seal.
My commission expires: i
y;
%0TA J4
L 10
Public
799832
514415.8
111M 11111111111111111111 foil 111111119 11111 11111111 Pa"- a of 16 i
Sara J FisMr E"16, iM a 05/29/2002 01:5
R 89.9i
0.99
8
r
STATE OF COLORADO )
• )ss.
COUNTY OF
The foregoing instrument was acknowledged before me this _ day. of
rik • 200, by.James G. Fitzpatrick. III, as Managing Member. of
Corum Buffalo Ridge LLC, a Colorado limited liability company, General Partner of
Buffalo Ridge II 111P. a Colorado limited liability limited partner3bip. -awifte,
Witness my band and official. seal.
My commission expires:
•r
~0TAR 1
•
Notary Public
STATE OF COLORADO j
)ss.
COUNTY OF )
The foregoing instrument was ackmowledged before me. this Of
of
ri 200A by Jeffery M. Spanel,: as'Manager of Wintergreen Homes=
Buffilo Ridge LLC, -a Colorado limited liability company, General Partner of Buffalo
Ridge II LLLP, a Colorado limited liability limited.parlnership:
Witness my hand and official seal: ~YU
My commission expires: t a - 'a' _ Q.•' •
`NpTARY':
Notary Public
page: 9 of Is
95/28/2092 91
Sara J Fisher 0. Cc R Be. so 0
9
514415.8
STATE OF COLORADO )
COUNTY OF )SR.
E9MLIE )
The foregoing instrument - was aclmowledged before me this 2,U%_ day of
M . 2002 _.,by r ftt 4oj%A U!•w wo .
as of Traw Creek LLC, a Colorado limited
liability company.
Witness my hand and official seal.
My commission expires:
1
796832
Page: 10 of 16
05/W/2092 91:520
10
514415.8
EXH BIT A
j
Description of Improvemenst
. Sl"15.8
INI~FlIM~
a co as ~IIMG~o~Q~w°'^96832 30,
0 0.
Exhibit A
Villa-go (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 Load.
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 wont also includes the enclosure of the
Nottingham =-Puler 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 linen across Interstate Highway
70 connecting the easterly ehd 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
AIA'~~~~~I~~~~~~msfi.~`..32°m D 0. 00
J, •
~Ctllage (at Avon) Filina
Subdgvid/aar "Pm► emeMs Agreement - ftdNblt B
k
Winterpeea IROZ 408
Z:49 PM 5/24/2M
SIA budget! Sheet2
I General
1.1 Mobil¢atian 1 LS 14,000.00. $14,000
subtotal
a Demolition
2.1 Fence & barricade removal 1 LS 4,753.00 $4,753
3 Eartbmork
3.1 Clear & Grub
3.2 Topsoil - replace
11150 CY
1.47
$16,391
o a
0 a
3.3 Ekcavatlon •
2000 CY
58548 CY
7.50
$15,000
3.4 Embankment
72254 CY
0.74
$43,033
0.56
$40,180
d
subtotal.
-
4 Road Construction
4.1 Subgrade prep.
4.2 Bike path su rade prop
b9 P
13430 SY
1.30
$17,459
.
•
4.3 Class 6 road base
4205 SY
1.30
$5,467
010-
d Bike path
8047 Tons
13.09
$105,300
4.4 Asphaltic concrete
1245 Tons
16.06
$20,000
a4
c 3" bike path
3428 Tons
36:07
$123,653
®
4.5 Guardrail
520 Tons
45.38
$23,598 '
4.6 Guardrail anchorage
2171 LF
13.35
$28,987
4.7 Trailhead parking (included in asphalt
8 EA
0 LS
11000.00
$8,000
4.8 Striping
:
1 LS
0.00
17,000.00
$0
$17
000
-
4.9 Signs
4.11 Sidewalk (Ind prep)
11 EA
1,200.00
,
.
$13,200
4.12 Bus stop concrete paving
10026 SF
5452 SF
6.08
$70,000
,
6.60
$85
965
subtotal
5 Drainage & Debds Midgadon
5.1 Pond excavation
32942 CY
5.2 Pond embankment
5504 CY
0.91
$30,000
5.3 18" HDPE
1233 LF
1.79
$9,860
5.4 18" RCP
94
LF
29.44
$36,301
6.5.30" HDPE
689 LF
115.17
$10,826
5.6 48" HDPE
69.45
$47,851
5.7 60" HDPE
379 LF
45.56
$17,268
5.8 18" HDPE end section
304 LF
31 EA
-101.28
$30,789
5.9 30" HDPE end section
1 'EA
343.16
$10,638
350.00
S35h
y
14,000
Village (at Avon) Fil_ In 2
Subs fvf kn Improvements Agreement- WON B .
Wiintergxeen Homes
249' PM 5/242002
SIA budget / Sheet2
5.10 48" HDPE*end section
2 EA
842.00
$1,684
5.11 Storm manholes
5 EA
3,060.60
• $15,303
5:12 Inlet's
6 EA
2,909.33
$17,456
5.13 Rlinp
4688 Tons
9.48
$44,427
5.14 Concrete headwalls
2 EA
5,844.50
$11,689
S.15 Nottingham - Puder ditch
a W HDPE
843 LF
71.31
$60,114
b V manholes
5 EA
3,664.00
$18,320
c Slide gate
1 EA
1,000.00
$1,000
d RIR existing Wend sections
2 EA
1,000.00
$2,000
e Tie to existing 24" RCP
1 EA
1,000.00
$1,000
5,21 Detention pond outlet structure
6 EA
5,407.67
$32,446
subtotal
6 Revegebtion & Erosfon Control
`
6.1 Erosion control
1 LS
2,671.00
$2,671
6.5 Silt fence.
1 LS
9,562.00
.$9,562
6
6 Seed & m
l
h
.
u
c
5 Acre
3.660.00
$18,300
F
sabtoAd
0
7 Utlfities
a
7A Water Main
` d
a 12" DIP
4096 LF
35.75
$146,432
b 12" bends
11 EA
7.45
$82
c Fir® hydrant assembly
5 EA
3,815.80
$19,079
p
d 4" water service line
15 EA
2,031.93
$30,479
t~
a Air vacfprk manhole
1 EA
3,650.00.
$3
656
72 Sanitary Sewer Main
,
®
a 8" PVC
5200 LF
20.15
.$104,762
b Manholes
18 EA
2,096.67
$37,740
c Sanitary service lines
15 EA
964.73
$14,471
= (
~ W
subtotal
8 Retaining Walls
8.1 MSE walls
6289 SF
56.44
$354,935
E
8.2 Wag Excavation
4100 CY
10.03
$41,107
8.3 Wag bacldtll
25W CY
8.22
$20,554
8.4 Boulder retaining wall
6289 SF
16.38
$103,034
subtotal
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
$519,630
VIII'ag~( Avonl Fllina_2 .
Subdiftfon bnprovamwft Agreement - &hM 8
Wintergreen Homes
249 PM 5/24/2002
SIA budget / Shest2
.$125,000
10 G:onstnicdon AiDanageenei~
10.1 Insurance, bond & fee 1 EA 9.00% $182,985
I~I~I~~@II~IIIi~~I :~g:.
Sara J Fisher Eavle. CO 379 R 20. 00 D 0.99