HomeMy WebLinkAboutC05-011 Berry Creek LLC_third amendment SIA
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05/02/2005 04:03P
Teak J Simonton Eagle, CO 23 R 0.00 o 0.00
THIRD Al.JENDMENT TO
SUBDNISION AND ON-SITE IMPROVEMENTS
AGREEMENT FOR MILLER RANCH
PHASE II A ND PHASE III
THIS THIRD ~ENDME~~T to the Subdivision ~d On-Site. . -hA.
Improvements Agreement for MIller Ran.::~ Phase II and Phase III IS entered mto thIS .lt2
C;;Of -NOVEMBER, 20(}4; by and between Berry Creek Limited Liability Company
(hereinafter "Developer") and the Board of County Commissioners of the County of
Eagle, State of Colorado (hereinafter "County"). .
~UM~I ~()06 WITNESSETH
WHEREAS, Developer and County entered into a Subdivision and On-
Site Improvements Agreement for Miller Ranch Phase II and Phase III on October 22,
2003 (hereinafter "Agreement") and a First Amendment to that Agreement on January
13,2004; and a Second Amendment to that Agreement on March 13,2004.
WHEREAS, Section 1.2 of the Agreement provides in part that Developer
will enter into an agreement with a suitable contractor for the performance of the required
subdivision improvements; and
WHEREAS, Developer has negotiated with Tamerrel Excavation, Inc. to
perform the required subdivision improvements; and
WHEREAS, a portion ofthe subdivision improvements will be performed
by R.A. Nelson Associates; and
WHEREAS, Section 4.6 of the Agreement provides that the Agreement
may be modified from time to time provided that such amendment is in writing and is
signed by all parties.
AGREEMENT
NOW, THEREFORE, in consideration of the premises and the covenants
and agreements herein contained and contained in the Agreement to be kept and
performed by the parties hereto, it is hereby understood and agreed as follows:
1. The Agreement is amended by the addition of Section 1.7.1 which
shall read as follows:
"1.7.1. Scope of Work and Additional Cost of Improvements.
Developer has negotiated a contract with Tamerrel Excavation, Inc. for
the performance of the subdivision improvements which was attached
to the Agreement and prior amendments as Exhibit A. The parties
t!/J6-01/ - 10
THIRD AMENDMENT TO
SUBDIVISION AND ON-SITE IMPROVEMENTS
AGREEMENT FOR MILLER RANCH
PHASE II AND PHASE III
THIS THIRD AMENDMENT to the Subdivision and On-Site
Impnwements Agreement for Miller Ranch Phase II and Phase III is entered into this lfyHA-
day 0 . -NOVEMBER., 2004, by and between Berry Creek Limited Liability Company
ereinafter "Developer") and the Board of County Commissioners of the County of
Eagle, State of Colorado (hereinafter "County").
~ tiWlUtA" ~ I ').005 WITNESSETH
WHEREAS, Developer and County entered into a Subdivision and On-
Site Improvements Agreement for Miller Ranch Phase II and Phase III on October 22,
2003 (hereinafter "Agreement") and a First Amendment to that Agreement on January
13, 2004; and a Second Amendment to that Agreement on March 13, 2004.
WHEREAS, Section 1.2 of the Agreement provides in part that Developer
will enter into an agreement with a suitable contractor for the performance ofthe required
subdivision improvements; and
WHEREAS, Developer has negotiated with Tamerrel Excavation, Inc. to
perform the required subdivision improvements; and
WHEREAS, a portion of the subdivision improvements will be performed
by R.A. Nelson Associates; and
WHEREAS, Section 4.6 of the Agreement provides that the Agreement
may be modified from time to time provided that such amendment is in writing and is
signed by all parties.
AGREEMENT
NOW, THEREFORE, in consideration ofthe premises and the covenants
and agreements herein contained and contained in the Agreement to be kept and
performed by th~ parties hereto, it is hereby understood and agreed as follows:
1. The Agreement is amended by the addition of Section 1.7.1 which
shall read as follows:
"1.7.1. Scope of Work and Additional Cost of Improvements.
Developer has negotiated a contract with Tamerrel Excavation, Inc. for
the performance of the subdivision improvements which was attached
to the Agreement and prior amendments as Exhibit A. The parties
understand that, in addition to the agreement with Tamerrel
Excavation, Inc. the Developer has also contracted with R.A. Nelson
Associates regarding certain Mill Loft Phase III Infrastructure work at
a cost of $464,973.53. See Mill Loft Phase III Infrastructure
Allowance Pricing (scope of work) which is attached here as Exhibit
A. A map showing the location of the infrastructure work to be
performed by RA Nelson Associates is attached hereto as Exhibit B.
Developer agrees to obtain a performance bond from RA Nelson
Associates to secure the successful performance ofthe Infrastructure
work performed by them".
2. Paragraph 2.1 of the Agreement is hereby amended to read as follows:
"2.1 Warranty. Within thirty (30) days after Developer has completed all
ofthe work required by this Agreement and the work has been approved
and accepted by the County for purposes of the two year warranty period,
the Developer shall arrange to post security in an amount equal to ten
percent (10%) ofthe contract price (which shall include work performed
by Tamerrel Excavation and/or R.A. Nelson), and it is agreed that the
contract price shall represent the actual costs of construction. Developer
shall be responsible for the condition of the Subdivision Improvements for
a period of two years after completion; this shall be guaranteed in the form
of a letter of credit or County will consider, but shall not be required to
accept, a guarantee bond from Developer in an amount and in a form
acceptable to the County in its sole discretion. The County agrees to
consider a maintenance bond as security under this paragraph so long as
the terms and conditions of such bond are acceptable to the County in its
sole discretion."
3. All other terms and conditions ofthe Subdivision and On-Site
Improvements Agreement for Miller Ranch Phase II and Phase III as well as any
amendments thereto not in conflict with this Third Amendment shall remain in full force
and effect.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement this I t;day ofNovPwb~r, 2004-:-
<f1LvlUP"j, ")..{)O6
EAGLE COUNTY:
County of Eagle, State of Colorado
By and Through its
Boar of unty Commissioners
, Am. M. Nl~i
~~issioners Chairman Pro Tern
.Nfl / ~J
2
Berry Creek Limited Liability
Company
State
)ss.
County
The foregoing was ackp.owledged before me this /S1~day 2004, by
n ......lLr f Limited Liability
lh (tee L.l" ~.. 0 Berry Creek
Company, a Colorado Limited Liability Company.
Witness my hand and official seal.
My commission
MY EXPiRES:
OCTOBER 16, 2005
,..,
.)
R.A.NELSON
fin e builders
June 2, 2004
Mill Loft PH III Infrastructure Allowance Pricing
Subcontractor Scope Of Work QTY Unit Unlt$ Total $
Diamond A Exc Mob 1 LS $7,500 00 $7,500.00
Site Cut 520 CY $5,:9 $2,700.00
Site Fill Allowance 14469 CY $4.15 $68,728.00
On Site Import 0 CY $0.00 $0.00
Subgrade Prep 43960 SF $0.35 $15,386.00
Curb & Gutter Prep 1306 LF $1.00 $1,306.00
Sidewalk Prep 9572 SF $1.50 $14,358.00
Patio Prep 5470 SF $1.20 $6,564.00
Site GradingITopsoil Spread 19000 SF $0.20 $3,800.00
Patio Retaining Wall Ex & Back 653 LF $13.34 $8,710.00
Boulder Retaining Wall 0 LF $0.00 $0.00
6" Sewer Service 344 LF $36.00 $12,384.00
4" Water Service 315 LF $69.84 $22,000.00
Colorado Fire Suppression Tests 4 EA $250.00 $1,000.00
Gas Services (Trench Only) 850 LF $5.30 $4,505.00
Joint Shallows (EleclPhone/TV) 225 LF $10.50 $2,363.00
Construction Water (PLUGGED #) 1 LS $1,000.00 $1,000.00
Diamond A Subtotal $171,304.00
Diamond A Alternates
Boulder Retaining wall 2935 SF $9.50 $27,882.50
Marcin Engineering Survey for Infrastructur work 1 LS $2,430.00 $2,430.00
(PLUG #)
Subtotal for Marcin Work $2,430.00
B & B Excavating Asphalt 37507 SF $0.90 $33,756.30
Hand Placed Asphalt 790 SF $2.25 $1,777.50
Asphalt Prep 38297 SF $0.73 $27,956.81
Asphalt Striping 1 LS $666.00 $666.00
Concrete Pan 415 LF $19.98 $8,291. 70
Concrete Pan Prep 415 LF $5.58 $2,315.70
Sidewalk Pedestrian Ramps 4 EA $1,227.54 $4,910.16
He Parking Ramps 3 EA $1,079.40 $3,238.20
18" Curb Prep 564 LF $4.68 $2,639.52
18" Curb 564 LF $17.34 $9,779.76
24" Curb Prep 949 LF $5.54 $5,257.46
24" Curb 949 LF $19.98 $18,961.02
Survey for B & B 1 LS $2,430.90 $2,430.90
B & B Subtotal $121,981.03
Alternates for B & B
B & B Remobilization (PLUG) $750.00
B & B Saw cutting & demo asphalt 225 LF $1.50 $337.50
Ground Control 4" Exterior Walkways 9190 SF $3.60 $33,084.00
Exterior Sidewalk Steps 370 LF $23.00 $8,510.00
4" Exterior Patios 5520 SF $3.60 $19,872.00
Ground Control Subtotal $61,466.00
Steven's Home Care Block Retaining wall w/drain & geo 4364 FF $17.00 $74,188.00
(Still awaiting final bid, verbal only)
Steven's Subtotal $74,188.00
Cook's Welding Supplyllnstall Metal Hand/Guardrails 18 Set $1,300.00 $23,400.00
(Pricing from PH I, applied)
Cook's Subtotal $23,400.00
Summary
Diamond A Subtotal $171,304.00
Marcin Survey for Diamond A $2,430.00
B & B Subtotal $121,981.03
B & B Remobilization (PLUG) $750.00
B & B Saw cutting & demo asphalt $337.50
Ground Control Subtotal $61,466.00
Steven's Subtotal $74,188.00
Cook's Subtotal $23,400.00
Mill Loft PH III Infrastructure Allowance $455,856.53
Mill Loft PH III Infrastructure Allowance Contingency (2%) $9,117.13
Mill Loft PH III Infrastructure Allowance Total (Markup NIC) $464,973.66
Altemate #1 Boulder Retaining Wall ($46,305.50)
Qualifications
All qualifications from stip sum contract apply to this allowance
This allowance alternate for boulder retaining walls assume that boulders on site, no cost to contractor
This allowance does not include engineering of retaining walls, by others
This allowance does not include Perimeter sidewalks, as per plan
This allowance does not indude topsoil strip, by others
This allowance does not include any import/export of soils
This allowance assumes suitable (no boulders over 16") structural material delivered to site. by others, as directed by RANA
This allowance does not indude any dewatering, shoring, or unsuitalbe soils
This allowance does not inlcude any winter conditions costs
This allowance does not indude any site lighting or signage
This allowance assumes that 3 carports will be constructed in the parking lot
This allowance does not include any storm sewer work as per plan by others
This allowance assumes existing utilities are at correct depth and location and require no adjustments
. ... Single Family '- Sunflower
. . S'ogl< Famdy Peppercorn
. .. Siogle Family, Wheatgrass
Sing\{' family Cottontail
. Duplex .. Aster (A)
. Primrose (B)
.. D"plex ^' larkspur (A)
. Snow lily (B)
II Rowhoust Towohomts
'" please see price s.hl:ct for
.... ind,viduallot distinction>.
I Mdl loft Condominiums
'"" Heron: 1st floor end
'" Golden: 1St floor interior
"- Redtail: 2nd floo' end
." Peregrine: 2nd floor interior
. Double Gilrage I'~ Townhome. . '" Carport
. '" Singk Garage Garage building
BiL'~it ~F3 ]/
OFFICE OFTHE
COUNTY ATTORNEY
(970) 328-8685
FAX: (970) 328-8699
~.ea~ecounty.us
EAGLE COUNTY
November 3, 2004
David Bisson
ASW Realty
P.O. Box 1869
Edwards, CO 81632
Dear David:
Enclosed are four original Third Amendment to Subdivision On-site Improvements
Agreements for Miller Ranch Phase II and Phase III between Eagle County and Berry Creek,
LLC. Please sign all four originals and return to the attorney's office for consideration and
signature by the Eagle County Board of County Commissioners. A fully signed original will be
returned to you.
Please do not hesitate to contact me if you have any questions.
. diu
DHM:pn
Enclosures
Eagle County Building, 500 Broadway, P.O. Box 850, Eagle. Colorado 81631-0850