TC Res. No. 2007-25 APPROVING AND ACCEPTING THE IMPROVEMENTS INSTALLEDTOWN OF AVON, COLORADO
RESOLUTION NO.07-25
Series of 2007
--A RESOLUTION APPROVING AND ACCEPTING THE IMPROVEMENTS INSTALLED
AND CONSTRUCTED IN ACCORDANCE WITH THE SUBDIVISION. IMPROVEMENTS
AGREEMENT FOR THE DRY CREEK PUD AND ESTABLISHING WARRANTY
PERIOD FOR THEPUBLIC IMPROVEMENTS
WHEREAS, the Town of Avon entered into a Subdivision Improvements Agreement
(Agreement), dated December 12, 2005, with Trenton Hubbard, dba THD Colorado, Inc. in
connection with the approval of the Final Plat for Dry Creek PUD, Lots 1-3; and
WHEREAS, said Agreement established certain public improvements to be constructed THD
Colorado; Inc. 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 Improvements were substantially complete as of July 24, 2007; and
WHEREAS, all required documentation for approval and acceptance of the Improvements has
been submitted as of July 24, 2007.
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
Western Sage PUD were substantially complete as of July 24, 2007, in accordance with the
SUBDIVISION IMPROVEMENTS AGREEMENT and the stipulated one-year warranty
period for said improvements shall extend to July 24, 2008.
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. Warranty work on public improvements will be secured by a surety issued to the
Town of Avon in the amount of $ 9,707.50 in accordance with the Subdivision
Improvements Agreement.
ADOPTED 'I'BIS DAY OF 2007.
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TOWN COUNCIL
TOWN OF AVON, COLORADO
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Ronald C:. Wolfe, Mayor
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Resolution No. 07-25 Dry Creek SIA Final
Page 2 of 2
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DRY CREEK PUD
SUBDIVISION.IMPROVEMENTS AGREEMENT
THIS AGREEMENT,. made and entered into this It day o6; Y_UO X2005, is
by and among Trenton Hubbard, dba THD Colorado, Inc. ("Subdivider"), and the Town
of Avon, a Colorado municipality, by and through its Council (the "Town").
RECITALS
WHEREAS, the Subdivider, in connection with the approval of the final plat for,
the Dry Creek PUD, Lots 1 - 3; consisting of 1.58 acres, a resubdivision of Lot 44, Block
2, Wildridge Subdivision, Town of Avon, Eagle County, Colorado (the "Subdivision"),
desires to enter into a Subdivision Improvements Agreement ("Agreement") with the
Town as provided for by Section 16.24. 100 of the Avon Municipal Code, as amended
(the "Code"); and
WHEREAS, pursuant to the Code, the Town desires to make reasonable
provisions for completion of certain public improvements ("Improvements") as depicted
on the plans approved by the Town, for the Dry Creek PUD, dated December 1, 2005,
("Approved Plans") and as set forth in Exhibit A attached hereto and incorporated herein
by reference; and
WHEREAS, the Subdivider is responsible for the completion of the public
improvements ("Improvements").
AGREEMENT
NOW THEREFORE, in consideration of the following mutual covenants,
conditions and promises, the parties hereby agree as follows:
1. Final Plat Approval. The Town agrees that upon compliance with all
other conditions of approval, and subject to the terms and conditions bf this Agreement,
the Final Plat ofThe Dry Creek PUD ("Subdivision") shall be promptly filed for
recording with the Office of the Eagle County Clerk and Recorder.
2. Completion of Work.
(a) Performance. Subdivider agrees 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 as set forth as depicted on the
Approved Plans and as set forth in Exhibit A: Subdivider further agrees that he will be
responsible for all costs of Improvements as assigned. Said work shall be performed in
accordance with the_Approved Plans. Subdivider agrees to commence construction of
improvements prior to the issuance of a building permit for any lot in the subdivision and
to complete the Improvements prior. to the issuance of a Certificate of Occupancy for any
building on any lot in the Subdivision. Commencement of construction of Improvements
Dry Creek Subdivision Improvement Agreement.
shall be deemed to mean the award and execution of contracts for the construction of the
Improvements as depicted on Exhibit A.
(b) . Inspection Procedures.
(I) All work shall be done under the inspection procedures and
standards established by the, Town and/or Holy Cross Electric, Eagle River Water and
Sanitation District, Excel Energy, Qwest Communications, Comcast ("Utilities"), as
applicable and shall be subject to the reasonable satisfaction of the Town and applicable
Utilities. All work shall not be deemed complete until the reasonable approval and
acceptance of the Improvements by the Town and/or the Utilities. Such inspections by
the Town and/or Utilities shall not relieve the Subdivider or his agents from any
responsibility or obligation to assure that all work is completed. in conformance with all
standards, plans and specifications as submitted to and previously approved by the Town
and Utilities.
(2) . Cost of Inspections. The cost, if any, of such inspections,
by Town employees, or anindependent third party inspector, shall be paid by the
Subdivider and subject to the limitations set forth in paragraph 8 below.
(3) Notice of Non-Compliance. In the event that the Town
through its inspectors reasonably determines that the Improvements are not in
compliance with the Approved Plans, it shall give written notice of such non-compliance
("Notice of Non-Compliance") to the Subdivider. The Notice of Non-Compliance shall
include a narrative describing the unsatisfactory construction work with specific
reference to the applicable construction plans and specifications. The Notice of Non-
Compliance must be provided to the Subdivider within two (2) working days of the date
of the inspection.
3. , Security for Completion of Improvements.
(a). Security. To secure completion of the Improvements, the
Subdivider hereby agrees to secure the respective obligations under this Agreement with
collateral in accordance with Section 16:24.100 of the Code. Collateral shall be one or a
combination of the following: cash, its equivalent or irrevocable letter of credit
("Collateral").
4. Subdivider Improvements.
(a) Security for, Completion of Public Improvements.
Subdivider shall deliver to the Town an irrevocable letter of credit issued
by a reputable financial institution or other Collateral consistent with Section 16.24. 100
of the Code in an amount equal to one hundred and ten percent (110%) of the estimated
costs of completion of the Improvements as set forth on Exhibit B. The irrevocable letter
of credit or other Collateral shall be delivered to the Town prior to, or concurrently with,
recordation of the Final Plat for the Subdivision.
Dry Creek Subdivision Improvement Agreement, 2
(b) Progress Payments on Sub divider's Improvements. Upon
completion of itemized improvements for which cost estimates have been set forth in
Exhibit B and upon receipt of the Certifications as specified in paragraph 7 below
verifying that itemized portions of the Improvements have been completed, the amount of
Collateral may be reduced periodically provided, however, that in no.event will any such
reduction cause the amount of remaining collateral to be less than an amount equal to one
hundred and ten percent (110%) of the estimated costs of completion of all remaining
Improvements. Upon completion of all work related to the Improvements and the Town's
and Utility's acceptance of the Improvements, the entire amount of remaining collateral
less those amounts described in paragraph 6 below, shall be promptly released.
(c) Default by Subdivider. In the event of a default in whole or in part
by Subdivider, the Town shall be authorized to draw on the letter of credit or other
collateral for the purpose of undertaking completion or remediation work on the
Subdivider's Improvements after providing thirty (30) days' advance written notice of
default and providing an: opportunity during such period for Subdivider to cure the
default. The Town shall be entitled to draw on such letter of credit or other collateral by,
Resolution of the Town Council stating (i) that Subdivider is in default, and (ii) the funds
are required in order to complete or correct work on the Subdivider's Improvements.
6. Warranty Period. The Improvements shall be warranted to be free from
defects in workmanship or quality for a period of one (1) year after acceptance of all the
work by the Town. In the event of an y such defect, the Town may require Subdivider to
correct the defect in material or workmanship. Ten percent (10%) of the total actual cost
of completion of all Improvements shall be retained by the Town as collateral during
such one (1) year period as a guaranty of performance of any Work required pursuant to:
the above described warranty. In the event any corrective work is performed during the
one-year warranty period then the warranty on said corrected work shall be extended for
one year from the date on which it is completed. Collateral. equal to 125% of the cost of
any corrected work, as estimated by the Town, shall be retained by.the Town or
immediately paid to the Town by the Subdivider, if sufficient funds are not held by the
Town, in accordance with. Section 16.24.100, for a period of one year from the date of
completion of the corrected work.
7. Engineering Certification. Upon completion of portions of the
Improvements, Subdivider will cause his engineers (who shall be registered in the State
of Colorado) to certify in writing that the installation of the Improvements, or portions
thereof as. may be completed from time to time, have been completed in conformance
with all standards, plans and specifications as submitted to and previously approved by
the Town, or the pertinent utility supplier, as depicted on the Approved Plans. Inspection
reports, test results and other supporting documentation shall be submitted with the
certification.
8. Subdivision and Inspection Fees. Fees in accordance..with the Town's
Subdivision Regulations for the review of Preliminary Plans'and Final Plats have been
Dry Creek Subdivision Improvement Agreement. 3
paid in full. Additional fees, if any, shall be paid by the Subdivider within thirty (30)
days after delivery of written invoice for such fees to cover the cost of inspections by the
Town. The fees, if any, will be based on direct (out-of-pocket) costs of the Town plus an
administrative fee in the amount of fifteen (15%) percent of the direct costs, but in no
event will the total amount of such additional fees exceed five percent (5%) of
construction costs.
9. No Obligation of Town to Complete Improvements. Subdivider agrees
that in the event it shall fall to perform its obligations as set forth herein, the Town shall
be under no obligation to complete or perform any of the said Improvements or to issue
permits for development within the Subdivision.
10. Non-Liability of Town; Indemnification. The Town shall not, nor shall
any officer, agent, or employee thereof, be liable or responsible for any, accident, loss or
damage related to the work specified in this Agreement, nor shall the Town, nor any
officer, agent or employee thereof, be liable for any persons or property injured by reason
of the nature of said work. To the extent permitted by law, Subdivider hereby agrees to
indemnify and hold harmless the Town, and any of its officers, agents and employees .
against any losses, claims, damages or liabilities to which the Town. or any of its officers,
agents or employees may become subject, because of any losses, claims, damages or
liabilities (or actions in respect thereof) that arise out of, or are based upon, any acts or
omissions in the performance of the obligations of Subdivider, as hereinbefore stated.
Furthermore, the Subdivider shall reimburse the Town for any and all legal or other
expenses reasonably incurred by the Town in connection with investigating or defending
any such loss or claim.
11. Rights of Town in Event of Default. In the event that Subdivider defaults
in whole or in part in the performance of this Agreement, and after the expiration of thirty
(30) days after having given written notice to Subdivider of such default during which
period of time the Subdivider fails to correct said default, the Town may, at its sole
discretion, proceed with the construction or completion of the Improvements specified on
Exhibit A. All such costs paid by the Town for such Improvements, together with all
.--costs of personnel, equipment and other-matters expended by. the .Town in furtherance of
the construction responsibilities of Subdivider, shall be paid by Subdivider based upon
the underlying responsibility for the Improvement in question. Any such costs relating to
the Subdivider Improvements, which have not been reimbursed by Subdivider, shall be a
lien on any property in the Subdivision owned by Subdivider at the time of default.
Said lien may be foreclosed in the same manner as a mortgage and shall entitle the Town
to add its costs and reasonable =attorneys' fees in such foreclosure-or other collection.
Without limiting the foregoing, the Town may bring a mandatory injunction action
against Subdivider to require installation and construction of-the Improvements, if not
constructed within the time limits described in this Agreement. If any such action is
brought by the Town, the Town shall be awarded its court costs and reasonable attorneys'
fees.
Dry Creek Subdivision Improvement Agreement.
12. Letter Certifying Completion and Final Acceptance .of Improvements.
When all Improvements have been completed and accepted by the Town, or the pertinent
utility supplier, and the Warranty Period has expired, the Town agrees that it will issue a
letter, after consultation with the pertinent utility supplier if necessary, in recordable
form, certifying that all obligations of Subdivider under this Agreement have been-
satisf ed.
13. Amendments. This Agreement maybe amended from time to time,
provided that such amendment is in writing and signed by all parties hereto.
14. Covenants Running with the Land. This Agreement and the obligations
hereof shall be deemed to be covenants running. with the land and shall be binding on the
successors and assigns of the parties hereto.
The parties hereto have executed this Agreement as of the date first above written.
TOWN OF AVON, a Colorado Municipal
, r? V:; Corporation
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1 ~"e 'Y'om • , t'
ATTEST: _ y_
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Mayor
To Jerk
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J~APROVED AS TO FORM:
Attorney
Trenton Hubbard,Aba.THD Colorado, Inc.
By:
Subdivider T 1
Dry Creek Subdivision linprovernm Agreement, 5
EXHIBIT A
Dry Creek Development
Subdivision Improvements Agreement
APPROVED PLANS:
Dry Creek PUD
Construction Drawings
Wildridge, Town of Avon, Colorado
September, 2005
Sheets 1 through 8
Release Date: December 1, 2005
Prepared by:
1Vlarcin Engineering LLC .
P.O. Box 1062
Avon Colorado 81620
Dry Creek Subdivision Impr ovement Agreement,
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EXHIBIT B
Dry Creek Development
Subdivision. Improvements Agreement
PUBLIC IMPROVEMENTS CONSTRUCTION COST ESTIMATE
Mobilization & Site -Prep $ 10,250
Road Cut and Repair 6,000 "
Water Main _,and Service Installation 21,500
Sewer Main and. Service Installation 17,250
Shallow Utility Service Installation 11,250
(Natural Gas, ,Cable T`', Telephone & Electric)
Revegetation 3;500
Construction Observation, Testing & Certifications 7;000
Contingencies @ 15% 11,500
Total Estimated Cost $ 88,250
Security Required per Subdivision Improvements Agreement, (110%) $ 97,075
Cost Estimate and Security Amount Based on Proposals dated November 28, 2005,
December 2, 2005 and November 30, 2005:
From_ : November 28, 2005 December 2, 2005
Quintana Construction Adams Excavating & Trucking, Inc.
P.O. Box 4316 1370 Spring'Creek Road
Eagle, Colorado 81631-4316 Gypsum, CO 81637
November 30, 2005
Kemp & Company, Inc.
P.O. Box 189
Edwards, CO 81632
To: THD Colorado Inc.
P.O. Box 8338
Avon, Colorado 81620
Project Reference:
Dry Creek PUD
A Resubdivision of Lot 44, Block 2, Wildridge
Town of Avon, Eagle County, Colorado
Project Engineers:
Marcin Engineers' LLC
P.O. Box 1062,
Avon, CO 81620
Dry Creek Subdivision Improvement Agreement, 7
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Memo
TO: ; . , Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Justin Hildreth, Town Engineer
Jeffrey Schneider, Engineer Il
Date: July 17, 2007
Re: Resolution No. 07725, A Resolution Approving and Accepting the Public
Improvements Installed and Constructed in Accordance with the Subdivision
Improvements Agreement for the Dry Creek Planned Unit Development'
..(PUD) and Establishing. Warranty Period for the Public Improvements
171
Summary:
Trent Hubbard of THD Colorado, Inc. subdivider of the Dry Creek PUD has submitted all
required, documentation for approval and acceptance of the public improvements required by
the Subdivision Improvements Agreement (SIA) for the Dry Creek PUD. These
improvements generally consist of infrastructure including drainage facilities and utilities
required to access and serve the Dry Creek PUD, a resubdivision"Lot 44, Block 2, Wildridge,
originally zoned as a four-plex, to three single family lots. The project is'located at 251:0 Old
Trail Road. All, three lots are accessed via a private drive and an access easement on the
adjacent property (Lot 45).
Resolution No. 07-25'. Series of 2007 (attached Exhibit A) approves and accepts the public'
improvements and establishes the warranty period in conformance with the SIA. The SIA is
attached as Exhibit B. The Resolution further allows the initiation of the warranty period with
any warranty work secured by a surety issued to the Town of Avon in the amount of $9,707.50.
(attached Exhibit C) in accordance' with the S1A. The subdivider will likely replace .the cash
deposit with a letter of credit for the full surety amount at a later date. The surety will expire
on July 25, 2008.
We recommend approval of Resolution No. 07-25, Series of 2007, A Resolution Approving
and Accepting the Public Improvements Installed and Constructed in Accordance with 'the
Subdivision Improvements Agreement for the Dry Creek Planned' Unit Development (PUD)
and Establishing Warranty Period for the Public Improvements.
Discussion:
In conjunction with the final plat approval for the Dry Creek PUD, Lots 1-3, a resubdivision of
Lot 44, Block 2, Wildridge Subdivision, consisting of 1.58 acres, Trent Hubbard, the
subdivider, entered into a Subdivision Improvements Agreement with the Town. The final
plat was approved via Resolution 05-59, Series of 2005, at the December 15, 2005 regular
council meeting. Through the SIA, the town can make provisions for completion of public
improvements as depicted by the plans approved by the Town dated December 1, 2005. Per
the SIA, the subdivider is to provide collateral in the amount of one hundred and ten percent
(110%) of the estimated cost of completion of public improvements. This is shown on
Exhibit B of the SIA. Public Improvements generally included storm drainage, publicly
owned utilities (water & sewer), and shallow utilities including gas, cable, electric, and
telephone. In addition, the subdivider was required to install a road cut in Old Trail Road and
revegetate the site. The subdivider provided documentation that the installer of the
improvements has been paid in full for all work completed on site. The subdivider has
satisfactorily fulfilled the requirements set forth in the SIA.
Supplemental documentation verifying satisfactory completion of the improvements is •
attached as follows:
Exhibit D Marcin Engineering Final Acceptance - Letter dated June 28, 2007 certifying
infrastructure installation
Exhibit E Water Main Final Acceptance - Eagle River Water and Sanitation District
Exhibit F Sewer Main Final Acceptance - Eagle River Water and Sanitation District
Exhibit G Shallow Utility Documentation - Gas, Electric, Phone, Cable
Exhibit H Proof of Payment for Public Improvements - Quintana Construction
Based upon this documentation, we recommend approval and acceptance of the public
improvements in accordance with the SIA by the adoption of Resolution No. 07-25, Series of
2007.
Recommendation:
Approve Resolution No. 07-25, Series of 2007, A Resolution Approving and Accepting the
Public Improvements Installed and Constructed in Accordance with the Subdivision
improvements Agreement for the Dry Creek Planned Unit Development (PUD) and
Establishing Warranty Period for Public Improvements.
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Memo.DOC 2
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Proposed Motion:
I move to approve Resolution No. 07-25,. Series of 2007, A Resolution Approving and
Accepting the Public- Improvements Installed and Constructed in Accordance 'with the
Subdivision Improvements Agreement for the Dry Creek Planned Unit Development (PUD)
and Establishing Warranty Period for Public Improvements.
Attachmentse
Exhibit A Resolution No. 07-25, Series of 2007
Exhibit B Subdivision Improvements Agreement
Exhibit C Surety for Warranty Period
Exhibit D Marcin Engineering - Final Inspection Documentation
Exhibit E Water Main Final Inspection Documentation
Exhibit F Sewer Main Final Inspection Documentation
Exhibit G Shallow Utility Documentation (Electric, Gas, Cable, Phone)
Exhibit H Proof of General Contractor Payment for Public Improvements
Town Manager Comments:
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Memo.DOC 3
TOWN OF AVON
RESOLUTION NO. 07-25
Series of 2007
A RESOLUTION APPROVING AND ACCEPTING THE IMPROVEMENTS INSTALLED
AND. CONSTRUCTED IN ACCORDANCE WITH THE SUBDIVISION IMPROVEMENTS
AGREEMENT FORTHE DRY CREEK PUD AND ESTABLISHING WARRANTY
PERIOD FOR-THE PUBLIC IMPROVEMENTS
WHEREAS, the Town. of Avon entered into a Subdivision Improvements Agreement
(Agreement), dated December 12, 2005, with Trenton Hubbard, dba THD Colorado, Inc.. in,
connection with the approval of the Final Plat for D" Creek PUD; Lots 1-3; and
WHEREAS, said Agreement established certain'public improvements to be constructed THD
Colorado, Inc. in conjunction with said subdivision" and
n
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 Improvements were substantially complete as of July 24, 2007; and •
WHEREAS, all required documentation for approval and acceptance of the Improvements has
been submitted as of July 24, 2007.
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
Western Sage PUD were substantially complete as of July 24, 2007, in accordance with the
SUBDIVISION IMPROVEMENTS AGREEMENT and the stipulated one-year warranty
period for said improvements shall extend to July 24, 2008.
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. Warranty work on public improvements will be secured by a surety issued to the
Town of Avon in the amount of S 9,707.50 in accordance with the Subdivision
Improvements Agreement.
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ADOPTED THIS DAY OF , 2007.
TOWN COUNCIL
TOWN OF AVON, COLORADO
Ronald C. Wolfe, Mayor
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ATTEST:
Patty McKenny,
Town Clerk
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IREC: S310
DRY CREEK.PUD
SUBDIVISION IMPROVEMENTS AGREEMENT
FnL4.h s
01/2/2806
THIS AGREEMENT, made and entered into this 11- day of~_Otu +r&,2005, is
by and among Trenton Hubbard, dba THD Colorado, Inc. ("Subdivider"),'and the Town
of Avon, a Colorado municipality, by and through its Council (the "Town").
RECITALS
WHEREAS; the Subdivider, in connection with the approval of the final plat for:
the Dry Creek PUD, Lots 1 - 3, consisting of 1.58,acres, a resubdivision of Lot 44, Block
2, Wildridge Subdivision, Town of Avon, Eagle County, Colorado (the "Subdivision"),
desires to enter into a Subdivis:on lmproverr:ents Agreement ("Agreement") with the
Town as provided for by Section 16.24. 100 of the Avon Municipal Code; as amended
(the "Code"); and
WHEREAS, pursuant to.the Code, the Town desires to make reasonable
provisions for completion of certain public improvements ("Improvements") as depicted
on the plans approved by the Town for the Dry Creek PUD, dated December 1, 2005,
("Approved Plans") and as set forth in Exhibit A attached hereto and incorporated herein
by reference; and
WHEREAS, the Subdivider is responsible for the completion of the public
improvements ("Improvements").
AGREEMENT
NOW THEREFORE, in consideration of the following mutual covenants, .
conditions and promises, the parties hereby agree as follows:
I . 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'!'he Dry Creek P.UD ("Subdivision") shall be promptly hied for
recording 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 assigned as set forth as depicted on the
Approved Plans and asset forth in Exhibit A. Subdivider further agrees that he will be
responsible for all costs of Improvements as assigned. Said work shall be performed in
accordance with the Approved Plans. Subdivider agrees to commence construction of
Improvements prior to the issuance of a building permit for any lot in the subdivision and-
to complete the Improvements prior to the issuance of a Certificate of Occupancy for any
building on any lot in the Subdivision. Commencement of construction of Improvements
Dry Creek Subdivision Improvement Agreement.
•
L
_ shall.be deemed to mean the award and execution of contracts for the construction of the
Improvements as depicted on Exhibit A.
. . (b) Inspection Procedures.
. (I) All work shall be done under the inspection procedures and
standards established by the Town and/or Holy Cross Electric, Eagle River-Water and
Sanitation District, Excel Energy,. Qwest Communications; Comcast ("Utilities"), as
applicable and shall be'subject to the reasonable satisfaction of,the Town and applicable
Utilities. All work shall not be deemed complete until the reasonable approval and .
acceptance of the Improvements by the Town and/or the Utilities: Such inspections by
the Town and/or Utilities shall not relieve the Subdivider or his agents from any
responsibility or obligation to assure that all work is completed in conformance with all
standards, plans and specifications as submitted to and previously approved by the Town.
and Utilities.
(2) Cost of Inspections. The cost, if any, of such inspections,
by Town employees, or an independent third parry inspector, shall be paid by the
Subdivider and subject to the limitations set forth in paragraph 8 below.
(3) Notice of Non-Compliance. In the event that the Town
through its inspectors reasonably determines that the Improvements-are not- in
• compliance with the Approved Plans; it shall give written notice of such non-compliance,
("Notice of Non-Co mpliance")'to the Subdivider. The Notice of Non-..Compliance shall
include a narrative describing the unsatisfactory construction work with.specific
reference to the applicable construction plans and specifications. The Notice of Non-
Compliance. must be provided to the Subdivider within two (2) working days pf the date
of the inspection.
3. Security for Completion of Improvements.
(a) Securi . To secure completion of the Improvements, the
Subdivider hereby agrees to secure the respective obligations under this Agreement wish .
collateral in. accordance with Section 16.24.100 of the Code. Collateral shall be one or a
combination of the following: cash, its equivalent or irrevocable letter of credit
("Collateral").
4. Subdivider Improvements.
(a) Security for Completion of Public Improvements.
Subdivider shall deliver to the Town an irrevocable.letter of credit issued.
by a reputable financial institution or other Collateral consistent with. Section 1.6.24.100
of the Code in an amount equal to one hundred and ten percent (110%) of the estimated
costs of completion of the Improvements as set forth on Exhibit B. The irrevocable letter
of creditor other .Co]lateral shall be delivered to the Town prior to; or concurrently with,
.recordation of the Final Plat for the Subdivision.
Dry Creek Subdivision Improvement Agreement.
2
7
(b) Progress Payments on Sub divider's Improvements. Upon
completion of itemized improvements for which cost estimates have been set forth in
Exhibit B and upon receipt of the Certifications as specified in paragraph 7 below
verifying that itemized portions of the Improvements have been completed, the amount of
Collateral may be reduced periodically provided, however, that in no event will any such .
reduction cause'the amount of remaining collateral to be less than an amount equal to one
hundred and ten percent (110%) of the estimated costs of completion of all remaining
Improvements. Upon completion of all'work related.to the Improvements and the Town's
and Utility's acceptance of the Improvements, the entire amount, of remaining collateral
less those amounts described in paragraph 6 below, shall be promptly released.
(c) Default by Subdivider. In the event of a default in whole or in part
.by Subdivider, the Town shall ire 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 onsuch letter of credit or other collateral by
Resolution of the Town Council stating (i) that Subdivider is in default, and (ii) the funds
are required in order to complete or correct work on the Subdivider's Improvements.
6. Warranty Period. The Improvements shall. be warranted to be free from
defects in workmanship or. quality for a period of one (1) year,after acceptance of all the •
work.by the Town..: Iri'the event of any such defect, the Town may require Subdivider to
correct the defect in material _or workmanship. Ten percent (10%) of the total, actual cost
of completion of all Improvements. shall be, retained by:the Town as.collateral during
such one (1) year period as a guaranty of performance of any work required pursuant to,
the above described-warranty. In the event any corrective work is performed during the
one-year. warranty period then the warranty on said corrected work shall be extended for
one year from'the date on which it is completed: Collateral equal to 125% of the cost of
any corrected work, as estimated by the Town, shall be retained by the Town, or
immediately paid to the Town by the Subdivider, if sufficient funds are notheld by the
Town, in accordance with Section 16.2Aj 00, for a period of one..year from the; date of
completion of the corrected work.
7. Engineering Certification. Upon completion of portions of.the
Improvements, Subdivider will cause his engineers (who shall be registered in the State
of Colorado) to certify in writing that the installation of the Improvements, or portions
thereof as maybe completed from time to time, have been completed in conformance
with all standards, plans and specifications as, submitted to and previously approved by
the Town, .or the pertinent, utility supplier, as depicted on the Approved Plans. Inspection
reports,'test results and other supporting documentation shall be submitted with the
certification.
8. Subdivision and Inspection Fees. Fees in accordance with the Town's
Subdivision Regulations for the review of Preliminary Plans and Final Plats have been
Dry Creek Subdivision Improvement Agreement.
I:t
paid in full. Additional fees, if any, shall be paid by the Subdivider within thirty (30)
days after delivery of written invoice for such fees to cover the cost of inspections by the
Town. The fees, if any: will be based on direct (out-of-pocket) costs of the Town plus an
administrative fee in the amount of fifteen (15%) percent of the direct costs, but in no
event will the total amount of such additional fees exceed five percent (5%) of
construction costs.
9. No Oblieation of Town to Complete Improvements. Subdivider agrees
that in the event it shall fail'to perform its obligations as set forth herein; the Town shall
be under no obligation to complete or perform any of the said Improvements or to issue
permits for development within the Subdivision.
10. Non-Liability of Town, Indemnification. The Town shall not, nor shall
any officer, agent, or employee thereof, be liable or responsible for any accident, loss or
damage related to the work specified in this Agreement, nor shall the Town, nor any
officer, agent or employee thereof, be liable for any persons,:or property injured by reason
of the nature of said work. To the extent permitted by law, Subdivider hereby agrees to
indemnify and hold harmless the Town, and any of its officers, agents and employees
against. any losses, claims, damages or liabilities to which the Town or any of its officers,
agents or employees may become subject, because of any losses, claims, damages or
liabilities (or actions in respect thereof) that arise out of, or are based upon, any acts or
omissions in the performance of the-obligations of Subdivider, as hereinbefore stated.
Furthermore, the Subdivider shall reimburse the Town for any and all legal or other
expenses reasonably incurred by the Town in connection with investigating or defending
any such loss or claim.
IL Riehts of Town in Event of Default. In the event that Subdivider defaults
in whole or in part in the performance of this Agreement, and after the expiration of thirty`•
(30) days after having given written notice to Subdivider of such default during which
period of time the Subdivider fails to correct said default, the Town may, at its sole
discretion, proceed with the construction or completion of the Improvements specified on
Exhibit A. All, such costs paid by the Town for such Improvements, together with all
.--costs of personnel, equipment and other-matters expended by the Town in furtherance of
the construction responsibilities of Subdivider, shall be paid by Subdivider based upon
the underlying responsibility for the Improvement in question. Any such costs relating to
the Subdivider Improvements, which have not been reimbursed by Subdivider, shall be a
lien on.any property in the Subdivision owned by Subdivider at the time of default.
Said lien may be foreclosed in the same manner as a mortgage and shall entitle the Town
to add its costs and reasonable attorneys' fees in such foreclosure or other collection.
Without limiting the foregoing, the Town may bring a mandatory injunction action
against Subdivider to require installation and construction of the Improvements, if not
constructed within the time limits described in this Agreement. If any such action is
brought by the Town, the Town shall be awarded its court costs and reasonable attorneys'
fees.
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Dry Creek Subdivision Improvement Agreement.
L
12. Letter.Certi in Completion and Final Acceptance of Improvements.
When all Improvements have been completed and accepted by the Town, or the pertinent
utility supplier, and the Warranty Period has expired, the Town agrees that it will issue a
letter, after consultation with the pertinent. utility supplier if necessary, in recordable
form, certifying that all obligations of;Subdivider under this.Agreement have been
satisfied.
13. Amendments. This Agreement may be amended from time to time,
provided that such amendment is in writing and signed by all parties hereto.
14. Covenants Running with the Land. This Agreement and the obligations
hereof shall be deemed to be covenants running with the land and shall be binding on the
successors and assigns of the parties hereto.
The parties hereto have executed this Agreement as of the date first above written.
~c Ate,.. TOWN OF AVON, a Colorado Municipal
Corporation
sY.
ATTEST:.... _ ,
I By: .
To n" Jerk Mayor •
JAPROVED AS TO FORM:
Attorney
Trenton Hubbard,.dba THD Colorado, Inc.
a~ . VAS
Subdivider CAa ~o
J~
Dry Creek Subdivision Improvement Agreement.
5
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APPROVED PLANS:
Dry Creek PUD
Construction Drawings
Wildridge, Town of Avon, Colorado
September, 2005
Sheets 1 through 8
EXHIBIT A
Dry Creek Development
Subdivision Improvements Agreement .
Release Date: December 1, 2005
Prepared by:
Marcin Engineering LLC
P.O. Box 1062
Avon Colorado 81620
Dry Creek Subdivision Improvement Agreement.
EXHIBIT B
Drv_Creek bevelopment
Subdivision Improvements Agreement
PUBLIC IMPROVEMENTS CONSTRUCTION COST ESTIMATE
Mobilization & Site Prep
Road Cut and Repair
Water Main and Service Installation
Sewer Main and Service Installation
Shallow Utility Service Installation
(Natural Gas, Cable n,, Telephone & Electric)
Revegetation
Construction Observation, Testing & Certifications
Contingencies @ 15%
Total Estimated Cost
$ 10,250
6,000 ~ Z3 6s~
21,500 16 .Ilul• ,
17,250 .
11,250"(('11" IZ~ 3? 7
3,500
7,000
11.500
$ 88,250
Security Required per Subdivision Improvements Agreement (110%) 97,075
. IU=
Cost Estimate and Security Amount Based on Proposals dated November 28, 2005;
December 2, 2005 and November 30, 2005:
From: November 28, 2005 December 2, 2005
Quintana Construction Adams Excavating & Trucking, Inc.
P.O. Box 4316 1370 Spring Creek Road
Eagle, Colorado 81631-4316 Gypsum, CO 81637
November 30, 2005
Kemp & Company, Inc.
P.O. Box. 189
Edwards, CO 81632
To: THD Colorado Inc.
P.O. Box 8338
Avon, Colorado 81620
Project.Reference:
Dry Creek PUD
A Resubdivision of Lot 44, Block 2, Wildridge
Town of Avon, Eagle County, Colorado
Project Engineers:
Marcin Engineers, LLC
P.O. Box 1062'
Avon, C,O 81620
Dry Creek Subdivision Improvement Agreement.
u t `a5-
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MARGIN ENGINEERING LLC
June 28, 2007
Trent Hubbard
P.O. Box 8338
Avon, CO 81620
RE: Final.Inspection of Dry Creek PUD Infrastructure Improvements
Dear Trent:
Per your request, on June 28, 2007.Marcin Engineering performed a site visit.to inspect the
infrastructure improvements for Dry Creek PUD in order to verify that the infrastructure
improvements were completed in accordance with the approved plans and specifications. Based
upon this review, the infrastructure improvements-appeared to be in general conformance with
the approved plans and specifications.
Please contact Marcin Engineering if you have any questions or concerns.
Sincerely,
MARCIN E G LLC
39714
Paul Anderson, P.E.
Box 1062, Avon Colorado 81620 (970) 748-0274
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• EAGLE RIVER
WATER & SANITATION DISTRICT
646 Forest Road • Vail. Colorado M57
;970. a76-7x80 • FAX (970) 476.408i'
Mr. Greg Amsden
Amsden, Davis, and Fowler
500 S. Frontage Road; Suite 112
Vail; CO 81657
Mr. Sean Sadler.
Marcin Engineering, LLC
P.O. Box 1062
Avon, CO 81520
Reference: DRY CREEK PUD, WILDRIDGE
WATER MAIN
Dear Mr. Amsden:
This letter is to inform you that the above-referenced Water Main has,successfully.' completed all the
items required for the District to grant Final Acceptance. The below listed items'have been :
submitted and approved by the District and this Water Main is,accepted as part of the. District's
system.
1.. Final Grade and Paving Inspection . COMPLETED JUNE 28, 2007
2. As-Built Drawings COMPLETED JUNE 29, 2007
3. Easement Documentation COMPLETED JUNE 28, 2007
4. Certification of Costs COMPLETED JUNE 28, 2007
5. Bill of Sale COMPLETED JUNE 28, 2007
6. Final Inspection COMPLETED JUN``E:28.52007
7. Final Acceptance COMPLETED JUNE 29, 2007
Your two-vear warranty time period for this Water Main began on the date of Final Acceptance.
If you have any questions or concerns, please contact me at 970/476-7480.
Sincerely,
4k2k, 'ZI
Fred S. Haslee
Regulations Administrator
c: Project File
Distribution 8r. Collection Department
FSH/mm
t Tc P:F:'a l'it4S & NAIA dAGENfEN7 SERVICE:,
Fi:f iWSD~BREGSIDEVNOTIflFI'vALLTR.DOC
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EAGLE RIVER
WATER & SANITATION DISTRICT .
846 Foresi Ficed - Vail. 6oicrado 61657
(9701 476-74O - FAX (070) 476-4M9
Mr. Greg Amsden ,
Amsden, Davis, and Fowler
500 S. Frontage Road, Suite I d 2
Vail, CO 81651
Mr. Sean Sadler
Marcin Engineering, LLC
P.O. Box 1062
Avon, CO 81520
Reference: DRY CREEK PUD, WILDRIDGE
SEWER MAIN
Dear Mr. Amsden:
This letter is to'inform you that the above-referenced Sewer Main has successfully completed all the
items required for the District to grant Final Acceptance. The below listed items have been
submitted and approved by the District and this, Sewer Main is accepted as part of the District's -
system.
I . Final Grade and Paving Inspection COMPLETED JUNE 28, 2007
2. As-Built Drawings - COMPLETED JUNE 29, 2007
3. Easement Documentation' COMPLETED JUNE 28,2 07
4. Certification of Costs. COMPLETED JUNE 28, 2007
5. Bill of Sale COMPLETED JUNE 28, 2007,
6. Final Inspection COMPLETED JUNE 28, 2007
7. . Final Acceptance COMPLETED JUNE 29, 2007
Your two-year warranty•time period for this Sewer Main began on the date of Final Acceptance..
If you have any questions or concerns, please contact me at 970/476-7480.
Sincerely,
Fred S. Haslee
Regulations Administrator
c: Project File
Distribution, & Collection Department
FSH/mm
WAI ER, WASTEVVAiE O:'EPATiONS & MANAGEMENT SERViCEC
F .15WSDNSREZS DEV4*0TIFX-I%'ALLTR.DOC
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Page I of 1
Norman Wood
From: Trenton Hubbard [trentonhubbard@hotmail.com]
Sent: Friday, June-30, 2006 9:20 AM
To: Norinan Wood
Subject: Fw: Dry'Creek PUD Lots 1,23
Original Message
From: Farrell, Jobn
To: trentonhubbard@hotmail.com
Sent: Friday, June 30, 2006 8:39 AM
Subject: Dry Creek PUD Lots 1,2;3
Trent,
After our meeting on site at Dry Creek PUD Lots 1, 2, 3 in Wildridge, I have determined that the main conduit
installed is sufficient to serve all 3 of the lots. In addition, the services installed to each_)ot will, work to provide all
services currently available to the rest of our customers in the Town of Avon: Thank you for including Comcast
Cable Communications in your engineering plans and I look forward to working with THD on any future projects.
John Farrell
Construction Supervisor
Eagle and Summit Counties -
Comcast Cable Communications
970-418-8158
6/30/2006
.P
Qwest.
Spirit of Service
Sara Tooley
Senior Design Engineer
591 Center Circle .
f0 Box 739
Silverthorne, CO 80998
To whomever this may concern:
Qwesr. has required the installat,on of '4" conduit into the
pry Creek PUD development at 251-0 Old Trail. Rd. in the
Wildiidge subdivision of Avon. :This conduit is necessa-ry
in order for Qwest to -install main cable facilities in this,
development. This conduit. installation has been inspected
and accepted, by Qwest.
If you have questions please fee- free to contact me at
970-968-6860 or my wireless at 970-333-0085.
Sincerely, '
Sam Tnolell
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Page 1. Of ]
• Trenton Hubbard
From. "Kenton Berner" <kbemer@holycross.com>
To: <trentonhubbard@hotmait.corn>
Sent Monday, June 12, 2006 5:02 PM
Subject: secondary
From the conduit 1 saw as an inspection for Quintana excavation I Trent Hubbard, secondary service everything
appeared to be satisfactory.
Kenton Bemer
Hoty Cross Energy
970-947-5493
j6A . tr
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6/19/2006
Iq
Xcel Energy-
August 18, 2006
THD Colorado Inc.
Attn: Trent Hubbard
Post Office Boz 8338
Avon, Colorado 81620
RE;- Request for new .Gas Service
Service Address: 2510 Old Trail Road, Avon (DSN 185796)
Dear Mr. Hubbard:
P. 0. Box 1819
Silverthorne, Colorado 80498-1819
Thank you for requesting service to the above referenced location. As your primary contact person at Xcel Energy, 17m
committed to providing the coordination and support needed to satisfy your energy needs and meet your project schedule.
Based on the information you have provided and the service requirements requested: I have completed the engineering
design and cost estimate to provide Gas service.
Please remit a potentially refundable Gas constriction payment of $13,728.00. The construction payment play be
refundable in part or in its entirety during a ten (10) year period in accordance with the terms and conditions of the
agreement. When signing the agreement, please indicate your choice of options under Section 3 (C). and initial beside your
choice.
To receive a refund of your gas construction payment future attachment to the facilities installed to serve you must not be a-
gas main extension. If an attachment is made by installing a gas service to serve another structure-on the facilities installed
to serve you a refund may be due.
The total requested amount now due is 513,728.00.
NOTE: This project requires the installation of underground electric distribution. You must personally contact Qwest
and/or the local cable N company io arrange for the installation of their facilities.
Frost costs, if applicable, will be billed based on actual conditions incurred if installed by Xcel Energy.
November 10 through' Iay 1 s is the period for denial of road cut permits fivm towns and-counties.
Xcel Energy will not be responsible for the repair or replacement costs resulting from damages to "Irrigation Systems"
and/or other underground obstacles that are not marked prior to beginning this installation.
Xcel Energy will not beyesponsible for the repair and/or replacement of sod and/or landscaping.
This estimate is valid for. 60 days from the date of this letter and is subject to price increases thereafter. To minimize any
possible dray in meeting your construction schedule, it is imperative that you sign: and return all agreements and return your
construction payment promptly, Please have the party responsible for your job site coordination review the list of
Standard Contingencies and proposed installation drawing and notify me of any problems in complying with these
,requirements. Please sign the enclosed Contingency List, Concurrence Drawing and Gas Distribution.ExterWon
Agreement and return with yottr construction payment. Your response to tHs letter is imperative. Construction will
not be scheduled nor will material be ordered until all documents and cayrrtent Save been received.
As your primary contact for this project I ntay be reached at 970-262-4024 (ofiicel or you may FAX information to me at
970-262-4038. Appointments are requested. .
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The Design Manager's name is Alan Schnabel. He can be reached at 970-262-4022 (Silverthorne Office). 3031145-4553
(Evergreen Office) or 970-261-6376 (cellular phone).
Should you have any questions or concents with regard to this information, please contact me at your earliest opportunity.
We look forward to being your energy provider.
Sinceroy,
n
Kathryn Bogert/Technician
Design Dgmrtment/Mountain Division
.7
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GAS DISTRIBUTION FACILITIES EXTENSION AGREEMENT
EXT. NO. 185796
THIS AGREEMENT, made this 21st day of August 2006; by and, between PUBLIC SERVICE COMPANY OF
COLORADO, a Colorado corporation, d/b/a XCEL ENERGY, hereinafter referred to as "Company" and THD
Colorado Inc-, a Colorado Corporation hereinafter referred to as "Applicant", WITNESSETH:
WHEREAS, Company is a public utility supplying gas service to various areas in the State of Colorado, and
WHEREAS, Applicant has requested Company'to construct and install the necessary gas distribution facilities to
provide Permanent service to serve Lots 1, 2 & 3, Dry Creek PUD in Town of Avon and the State of Colorado.
WHEREAS, Company's Service Lateral Connection and Distribution Main Extension Policy requires a
Construction Payment for the installation of said facilities.
NOW, THEREFORE, in consideration of ;the mutual covenants and promises herein contained, it is mutually
agreed as follows:
1) Company agrees to construct with reasonable promptness, the gas dis' bution facilities for which the Applicant
has made the Construction Payment, (excluding service laterals), and to notify Applicant when construction is completed and
service is available (the Extension Completion Date):
2) Applicant agrees, upon execution of.this Agreement, to payto Company the Construction Payment in the amount
of Thirteen thousand, seven hundred twenty-eight dollars ($13,728.00).''p~~
3) (a) Said Construction Pa-mient may be refundable to Applicant in part or in its entirety during a ten (10)' year
period commencing with the Extension Completion Date. Any possible refunds will be made in accordance with the terms
and conditions of the Company's Service Lateral Connection and.Distribution Main. Extension Policy. This policy is on file
with the Public Utilities Commission'of the State of Colorado and is available for inspection. In no event will any
combination of refunds or pass on payments exceed the Construction Payment nor will any refund or pass on payment be
made afterten (10) years from the Extension Completion Date, as determined from the Company's records.
(b) In the akernative, the Applicant can directly pass through to purchasers of Applicants property covered by
this extension any costs associated with the extension.
(c) Applicant elects between 3 (a). and 3 (b) above as follows:
f 1) Company shall collect participation charges caused by connections to the extension covered by
This Agreement and refund those amounts to Applicant pursuant to 3 (a) herein.
Q 2) Company shall not collect participation charges caused by connections to the extension covered
by this Agreement. Applicant hereby represents that costs associated with this extension shall be collected directly by
Applicant pursuant to 3 (b) above.
4) Nothing in this Agreement shall be construed to waive the right to receive Construction Allowances, if any,
associated with distribution and /or service lateral installations pursuant to the Rules and Regulations currently on file with the
Public Utilities Commission of the State of Colorado.
5) Applicant agrees to execute the Company's standard right-of-way agreements granting free of charge to
Company, such rights-of-way from other parties as may be required, and recognizes this Agreement is contingent upon
Company obtaining any other rights-of-wayfrom other parties if required
6) In the event Applicant should require additional gas distribution facilities, other than those for which the
Construction Payment has been made hereunder, such facilities shall be provided by separate agreements.
IT IS MUTUALLY AGREED that the application and interpretation of this Agreement, including the definitions
of terms used herein, shall be in accordance with Company's Gas Service Rules and Regulations, including Company's
Service Lateral Connection and Distribution Main Extension Policy, on file and in effect from time to time with the Public
Utilities Commission of the State. of Colorado and that said Rules and Regulations constitute a part of this Agreement and are
binding on the parties hereto.
IN WITNESS WHEREOF; the parties hereto have executed this Agreement the day, and year first above written.
PUBLIC SERVICE OF COLORADO: APPLICANT:
I~;LME/FIRM: TI-ID Colorado 'n,,
Alan Schnabel
Design N:anager - Mountain
Xcel Energy Services, Inc.
As Authorized Agent for PSC of Colorado
Operating Company
DESIGN NUMBER : 185796
BY:
NAviE/TI T1..E
S TREET: Post Office Box 8338
aTY/STATE: Avon, Ccloraso
ZIP: 8162
)VX07QK ORDER INdLM1 ER:
COSY
5N-VI !'LIRE:
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GAS CONTINGENCY LIST
•
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ADDRESS:
QTY:
DESIGN NO.
SIGNATURE
THD Colorado Inc.
2510 Old Trail Road
Avon
185796
DATE
Xcel energy has completed the engineering design and cost estimate for your gas distribution request. Xcel energy will
install the facilities, as shown on the attached engineering sketch, when all contractual obligations and customer supplied
conditions are met. The specified conditions listed below were used to determine the most effective design to meet your
request. If, for any reason, this does not meet yvuu request as intended, please renew with Xcel Energy Engineering
personnel Eagineerung will discuss any possible revision and xill expedite any necessary revised costa in order to meet
your schedule as planned (Please be aware that additional estimates may be subject to re-engineering charges) Xcel
Energy looks forward to completing the installation of these facilities for you and providing for arty future energy needs
you may have.
<_ZhY..R-A,L:
All necessary easements and rights-of-way must be provided to Xcel Energy at least 10 days ptlor to the start of
construction.
• The design and estimate are contingent upon Xcel Energy acquiring the following permits and/or approvals:
❑ Town Permit
❑ County Permit
❑ State Highway crossing permit
❑ Railroad Crossing permit
❑ Bureau of Land Management (BLM) approval
❑ Grading and drainage permit
❑ Water Board crossing
❑ Special permit
Corps of Engineer's Permit
Developers are required to have curb and gutter installed prior to installation of gas distribution facilities.
When construction consists of five or less sites, all sites must be ready. On larger projects, approximately 50% of
the sites must be ready.
Necessary curve points and properly pins must be staked and visible.
Water line, sewer lines septic systems, leach fields or any other underground obstruction roust be staked, flagged and
installed prior to Xcel Energy gas construction.
All street / easements / service lateral routes are to be within plus or minus 6 inches of final grade except for
surface mounted equipment, which must be exact final grade.
Landscaping and pouring/paving of driveways must be delayed until after installation of facilities (services
excepted).
Where slopes exist that prohibit trenching, the customer must provide temporary grade for trenching equipment
The construction route must be clear of all obstructions.
Comtruction material must be cleared from route.
Teriporarytraiiers, buildings or other obstacles must be moved.
COPY
pace I
Xcel Energy is required to provide the following trench specifications:
❑ Wheel Compaction feet of trench
❑ 85% Standard Proctor Compaction feet of trench
❑ 85% Modified Proctor Compaction feet of trench
❑ 95% Standard Proctor Compaction feet of trench
❑ 95% Modified Proctor Compaction feet of trench
All streets/ easements/ service routes are to be within six inched of final grade except for regulator stations and
meter installation locations must be exact final grade.
Xeel Energy will not be responsible for the repair or replacement costs resulting from damages to items which are
not marked prior to beginning this installation-
Customer will be responsible for replacement of existing sod, shrubs, trees, etc. and repairing existing paving, at no
cost to Xcel Energy.
The customer must insure that all Xcel Energy facilities remain accessible at all times for routine maintenance
purposes.
All roof drains are to be directed away from Xcel Energy equipment in a manner to prevent damage and/or settling
of facilities.
The developer/owner shall be responsible for disposal, in accordance with federal and state law(s) and local
ordinances, of any soil and debris excavated from the property that is contaminated with hazardous substances,
wastes, petroleum, etc.
If you prefer to avoid frost charges by waiting till frost depth is less than six inches, you must notify Xcel Energy at
the time of your application for service installation. Otherwise, please complete and return the Frost Conditions
Agreement.
A?FTEIi AND SERVICE INFORMATION
The permanent address must be attached to the building before the permanent meter will be set.
multiple unit structures must have each fuel line permanently identified before the meter will be set_
Xcel Energy will install all services.
If gas meter needs bumper protection, the customer is responsible for the installation and cost of installing the
protection. Contact design engineer for bumper protection clearance requirements.
Adequate conduit under concrete, decks or other obstructions shall be the responsibility of the customer.
•
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Gas
Proposed
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Lines
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Sews:..
AmeritanNationalBanW
0. 0. Box 9250 • Colorado Springs, CO 80932
Member Sturm Financial Group • w.w.anbb2tnk.corn
**,:*************AUTO**3-DIGIT 816
.14702 0.8604 AT 0.308 85 1 168
THD COLORADO INC
CONSTRUCTION DRAW ACCOUNT
PC BOX 8336
AVON CO 81620-8338
III III 8 18 11 8112 111111IfIIIIBill 88II22III8128I8/BIIIIII121jell I
001 00046 00 PAGE: i
ACCOUNT: 70410206 09/29/2006
30
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CONSTRUCTION ACCOUNT ACCOUNT 70410206
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DESCRIPTION
DEBITS
CREDITS
DATE
BALANCE
BALANCE
LAST STATEMENT,.. .
'08/31/06
14,819.82
CHECK
#
1003
879.45
09/08/06
131940.37
CHECK
#
1004
760.00
09/11/06
13,180.37
CHECK
0
1009
810.00
09/11%06
12,370.37
CHECK
#
1007.
2,807.68
09/11/06
9,562.69
CHECK
#
1006
388.17
09/12/O6
9,174.52
CHECK
#
1010
574.00
09/12/06
8,600..52
CHECK
#
1005
1,300.00
09/12/OE
7•,300..52
CHECK
#
.100.2
389.00
09/15/06
6, 911.5,E
CHECK
#
1008
09/19/06
6,864..00
-CHECK.-.
#
10331
6, 8f>Yi'':0v"
09/20/06
00
BALANC
E
THIS S
TATEMENT
09/29/06 -
.00
TOTAL
CREDITS
i0;
.00
TOTAL
DEBITS
110;
14,619.62
YOUR CHECKS SEQUE14CED
DATE..
. CHECK #
AMOUNT
DATE. CHECK
..AMOUNT
DATE ...CHECK 4.
;AMOUNT
09/15
1002
389.00
09/12 1006
388.
09/12 1010
584.00
09/06
1003
879.45
09/11 100-
2;807.68
09/2 1011'
6,864.OG
09/11
1004
760.00
09/19 1008
-47.52
09/12
1005
1,300.00
09/11 1009
810.00
Member FDIC 1- F.que1 Housing Cantle, 1-866433-0282 NOTICE: SEE REVERSE SIDE FOR IMPORTANT MFORMATION
Acccun[:70410205
1002
+pO LOD 'ii LO 700L2i iC 70410201+ -
09/15/06 $389.00
PAGE .
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09/06/06
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•
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001 00046 00
ACCOUNT:
AmericanNationalBanW
P.O. Box 9250 w Colorado Springs, CO 80932
Member Swan FkianeW Group www,art6bank.crnn
*****************AUTO**3-DIGIT 816
14703 0.8604 AT 0.308 85 1 189
PAGE: 1'
70410219' 09/29/2006
30
THD COLORADO INC
0
CONST
RUCTION DRAW ACCOUNT
7
PO BOX 8338
AVON
CO 81620-8338
CONST
RUCTION ACCOUNT
ACCOUNT.7.0.4-10219
DESCRIPTION
DEBITS
CREDITS DATE'.`
"BALANCE
.
BALAN
CE LAST STATEMENT
..08/31/06
16,277.20
CHECK
# 1006
303.29
09/li/06
15,973.91
CHECK
# 1004
880.00
09/1:1/06
15,093.91
CHECK
# 1003
3,113.25
09/11-/06
11,980.66
CHECK
# 1005
1,360.00
09/12/06
10,620.66
CHECK
# 1002
09/15/06
'10;208.16
CHECK
# 1006
6,864.00
09/20/06
3,344.16
CHECK
# 1007
09/25/06
.00
BALANCE THIS STATEMENT
09_/29/0,6
.00
TO-kAL
CREDITS (0)
.U0
J
TOTAL
DEBITS (7)
16,277.20
YOUR CHECKS SEQUENCED
DATE..:CHECK AMOUNT
DATE...CHECK
AMOUNT
DATE ...CHECK 0
AMOUNT
09/15
1002 412.50
09/12 1005
1,3601.00.
09/20 1006
6,864.00
09/11
1003 3,113.25
09/11 1006
303.29
09/11
1004 880.00
09/25 1007
3,344:16
Mciaber FDIC Q Egaal Housing L-c, 1-966-433-0282 NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION
e
Account:70410219
1002
4iZw
row - '
+001002+ Ci0 100423 LC 704 i021N
1002 09/15106 541Y.5W
too*
Two
S:` ~ s 3H3u
row
DO►OD 3+ Ci01001r31C 10610211+ /00003113251
1003 09/11/06 53 1i-s .[o
1DD♦
TRD COLOR-oo Der.
►001004+ CiOTO0 123 iC 7D4 iD iaN IpODDD8sg00/
1004 09/11/06 $880.00
loos
Two eo4otuoo D+c.
twi
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/OOOOO i.1i •e/
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3006 C°/I1/06 Ssu~.[9
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.N~
is ...,ate s 33~u -
_i.aszlea~ ~ +^^ri OLD ~-Y trD auw ®iey-
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i
~ .Op1OD» 010900 iti tr. 104 aOii9► +00001144 ac/
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1007 09i~'~~e' f~zaa +r
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{ 100aCOS. CUIVO0a43re 704402aR. -*OwOce 1'.000
m 100H ~09/2G/0?' 56864.00
PAGE
0
30
• Quintana' Construction, Inc.
Po Box 43,16
Eagle, CO 81631-4316
Bill To
Dry Creek
LOT
2510 OLD TRAIL ROAD
W-n DREDGE
AVON
•
•
Invoice
Date Invoice
5/12/2006 243B
Terms
Project
Item
Description
Qty
Rate
Amount
3003 EXCAVATI...
3003 kXCAVATL..
3003 EXCAVAn...
3003 FYC:AVATI...
3003 FXCAVATI..:
3003 EXCAVATI..,
3003 F.XCAVA11...
3003 F.XCAVATI...
PIPEMATERIALS I"ROM KEW
WATER MAIL,
SEWER MAIN
WATER SERVICE
SEWER SFRV[CL
EU"(,'rR[CAI. SERVICE'
SHALLO WS.MAINS
SHALLOWS SERVICE
335
406
400
165
420
500
968
24;000.00
16.00
16-(x)
16.00
i6:00
$;t!()
8.00
8.00
24,000.00
5,360.00
6,496.()[)
6,400.00
2,640.00
3,360.00
4,000.00
7,744.00
Total s60,000.00
Payments/Credits s-60,000.00
Balance Due $0.00
1