HomeMy WebLinkAboutC05-011 Berry Creek LLC_third amendment SIA (/()Q"OI/-IU . w' " " ""11 1m l1li II I I " 914272 Page: 1 of 6 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