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HomeMy WebLinkAboutC16-026 Shadowrock Construction Blue Ridge PUD SIAFIRST AMENDMENT TO SUBDIVIS ION IMPROVEMENT AGREEMENT FOR BLUE RIDGE PLANNED UNIT DEVELOPMENT File No. PDF-00035 THIS FIRST AMENDMENT to the Subdivision and Off-Site Improvements Agteement for Blue Ridge Pianned Unit Development (hereinafter "Blue Ridge PUD") is entered into this / 37i day of JAt lLi(tY, ,20I6,by and between the Board of County Commissioners of the County of Eagle, State ofColorado (hereinafter "County'') and Shadowrock Construction,LLC, a Colorado limited liability company, whose address is 7I7 17th Street, Suite 2300, Denver, CO 80202 (hereinafter "Subdivider"). WITNESSETH WHEREAS, Subdivider and County entered into a Subdivision and Off-Site Improvements Agreement for Blue Ridge PUD on April 1, 2014 (hereinafter "Agreement"); and WHEREAS, Section 1.5 of the Agreement, entitled "Date of Completion", provides that "all Subdivision Improvements described on Exhibit A shall be completed prior to February L, 2016; and WHEREAS, Subdivider has requested and the Eagle County Engineering Department recommends an extension of the Date of Completion of the Subdivision Improvements as currently set forth in the Agreement (see Exhibit A attached hereto and incorporated herein by reference for a list of said Subdivision Improvements); and WHEREAS, Section 4.6 of the Agreement provides that the Agteement may be amended or modified from time,fo time, provided that such amendment or modification be in writing and signed by all parties hereto; and WHEREAS, the Subdivider and County desire to amend the Agreement to reflect a new Date of Completion of June 30,2016 for all Subdivision Improvements. AGREEMENT 1. Section 1.5 of the Agreement is hereby amended to read as follows: 1.5 Date of Completion. All Subdivision Improvements described on Exhibit A shall be completed prior to June 30, 2016. 2. All other terms and conditions of the Subdivision and Off-Site Improvements Agreement for Blue Ridge PUD shall remain in full force and effect. A5 C16-026 IN WITNESS WHEREOF, the parties hereto have executed this First Amendment the day and year first written above. COUNTY: County of Eagle, State of Colorado Attest: vh. SUBDIVIDER: State of Colorado county or bhnLe{ ) ) ) The foregoing was acknowledged before me this 84-day of JAt lUdr /tl^ ,ay ..1rtr'dut< A.-ltlirttr'/ E ur- f )z/64tn - orsnuao*-.t--7- Con6truction, LLC. Witness my hand and official seal. My commission expires /-'C) Notary irblic ffi y and through its Board of County Commissioners Exhlblr Page of Greg Schroeder Eagle County Engineering 5O0 Broadway Eagle, CO.81631 RE: Shadowrock Development SE Job # 13181.01 Dear Greg, I have written this letter to establish the amount of security needed to allow the Slradowrock Townhome project to rnove forward to completion. I have reviewed the project in the field and coordina:ed w1h Mid Valpy Metro District (MVMD). 5E is representing the new owners (shadowrock construction, [LC) and request on their behalf that the amount of security required by the County be 5332,060.30, SE, Hughes Excavatlon and B&R Septic field tested and televised the existing sewer malns and leak tested the water mains' MVMD staff was also present during the testing. MVMD board approved th r attached letter by Chris [ehrman of sGM dated November 13, 20].3 that agrees what the appropriate secu 'ity for water and sewer should be 535,310.00. I have prepared the attached updated Engineer's Cost Estimate with adjusted unit :ost based upon 2014 pricing. Also, I have reviewed the possibility if the new developer walked away without finirhlng the project the county would have adequate security to reclaim the unfinished building sites and complet: an asphalt road for Overlook Ridge. My assumption is that line ltems for curb and gutter, street lights, tandscapirg, playground area etc. would not be required without bulldlngs in Phase ll and the estimated security for these i.ems would be more than adequate to reclaim unfinished building areas. -uestlons please give rne a call. Mastenrorks, LIC Len Haffeman, Shadowrock Construction, LLC Hal Haltquist, Shadowrock Construction, ILC Jacques Machol lll, Shadowrock Construction, tLC 502 Main Street . Sulte A3 . Carbondale, C0 81623 . (970) 704-03 (e70)704-03 1 3 $oPRl$ tnetltrrnlilG o llG civil consullants ExhlbtcA-Page2of7 Shadowrock Engineefs Cogt Estimate SE Job# 13181.01 Nota: Thb oplnlonofprobabb coetwas prepgr€{t fo,rhJdget F.rpos6 only. SoptiB Enginearhg, lLC. cannot bo hdd racponsbta fc valanccl ftqn lhis esllrirate sr aduel cd, msy vary due to bid srd rmrk€l thrctuatbffi. ExhlbttA-Fage3oE7 $SGM www. sg m-tnc. com November 13,2019 Via E-mail: vnichol@soodseno.com Mr. Yancy Nichol, PE Sopris Engineering RE: MVMD - Shadowrock phase 2 Security Dear Yancy: The purpose of this letter is to provide comments on the letter from you, whlch is attached,regarding security and wananty issues for phase 2 of the Shadovwock development datedNovember 12,2013. As is explained in your lettel the Shadowrock team field tested the water andsewer lines and the manholes to determine if here had been any damage since instaltation. Thepurpose of this testing ygs ryt to satisff MVMD testing requirements but was to veriff that theinfrastructure was in satisfactory condition so that ne secuitty for the project rorfA O" reduced.This is a unique situation and ls only being contemplated because the Shadowroct< teamrepresented that phase 2 of the project would be completed with atteast one lift of asphalt withinthe next construc'tion season. The existing phase 2 lois are not platted and so the District is notrequired to provide seMce to this phase until the inftastrucfure is completed to Disbict slandards. Security: The proposed security for a total amount of $35,310 is adequate to cover potential costs to theDistrict to bring the existing phase 2 infiastructure up to Disbict standards. The security isadequate based on the recent testing tfrat your team periormed on the water and sewer lines. TheDistrict agrees to a security of $35,310 to cover the water and sewer infrasbucture so long as at least 9ne layer of asphalt is instalted within the next year or by the enO oi zorq. f aspnan is notinstalled in 2o14 and the Shadowrock team wishes td ptat tne pnase 2 parcels, the se'curity mustbe re.negotiated with the District. Wananty: Your..lefier requests that the two year wananty be walved slnce the inftastructure has beeninstalled for 5 plus years. The Dlstrict wlll not agree to a variance to the rules and reguiations. TheInftastructure has been installed for 5 plus years but has not been in operalon. ThE Intent of thetwo year wananty is for the infiasfucture to be in service so that it can be ptop"rty tested byeveryday use. Oubtanding lssues: lf asphalt is installed within one year then the following are the outstanding issues: Sewer manholes must be vacuum tested- Fhe hydrants must be tested- Water valves must be operated 111981D1 501\C\04O - Blue Rtdge\Conerporr&nce\L 20i g1.l.l g yancy M$ol.doc GTENWOOD SPRINGS I l8 West Sixth Sf, Suile 200 | Glenwood Springs, CO 8l6Ot I g7o.94s.1OO4 Bxhtbtt A, - -iage 5 of 7 l,lovember 12, 2013 BillReynolds Mid Valley Metro District 0031 Duroux Lane, Ste A Basalt, CO 81521 breynolds@sopris.net Re; Shadowrock Water and SewerSecurity SE Job # 13181.01 Dear Blll, In an attempt to re-establish a new security amount with Eagle County SE has been retalned by the new developer of Shadowrock {shadowrock Construction, LLC) to field verifo the condltlons of the existlng water and sewer inftastructure that was previously constructed that was not accepted by MVMD. The goal is to establish a new security. I have met with Eagle county Engineering and Planning to discuss the process required to re-establish the appropriate amount of security to allow the proJect to move foruvard, Eagle county has Indicated that they will accept the security amount for water and sewer infrastructure if approved by MVMD. SE understands that MVMD will not accept thls infrastructure until asphalt is In place and has passed requlred testing, however it seems reasonable to reduce the security on these improvements since they have been constructed. Below is a brief description of test results recently performed. SE personnel, MVMD staff and Hughes Excavation performed testlng of the water and sewer. The sewer mains were also televised, see attached CD and hard copy. Water Test: Water rnain west half falled leak test. Water main east half passed leak test. It is suspected that a water servlce may not be completely closed. The leak will need to be fixed prlor to asphalt and acceptance by MVMD. Findlngs of Sewer Test: Sewer manhole's tested -one falled vacuum test. Sewer maln tested - one short sectlon falled alr test. It ls suspected that a sewer servlce cap may be leaking and a concrete Joint in the manhole, Both of these items will be investigated and fixed prior to asphalt and acceptance by MVMD. SE would recommend that the security amount be based upon the above test results that llncluded In the attached cost estimate Exhibit 'C. the cost estlmate was not prepared on the costto install the water and sewer 502 Main Street . Suite A3 . Carbondale, CO 81623 . (970) 704-0311 . Fax (970) 704.0313 $oPnrs Enntrurnlrc o llG clvil consultants ExhlbltA-page6of7 (since installation ls complete) but based upon the potential damage that could occur to the wlter and sewer during the remalnlng infrastructure work and to correct items found as part of the testing. The only remainlng work left to complete ls the curb & gutter and asphalL All the shatlow utilities are in place, No future dlgging or trenchlng are required near the water and sewer malns, I would request the security amount of $35,310.00 for the water and sewer infrastructure until MVMD accepts the system. I would also request no warranty period as the infrastrusture has been in ptace for 5 ptus years. You mentioned that to modlfy the security approach would be a board decislon. lf so, lwould make myself avallable for the board meeilng as needed. lf you have any questions please gfue me a call. Thank you, Hal Hultquist, Shadowrock Construction, l_LC len Haffeman, Shadowrock Construction, ILC Jody Neurton, Master Works 502 Main street . surte A3 . carbondare, co 91623 . (970) 704-0311 . Fax (g70) 704-0313 SoPRI$ Inommnlile o llG clvll consultants ExhtbttA-Pagc7of.7 thadormak Englnee/a Gost Estlmatc Waicr and Serer SE Job 131 11.01 tfolc Tt{:oghblof pobbb codrE! Fl9mdt h.4{ F por.r mty, Soptl E ph.rdng. UC. srIl b blt tBFrstL hr vdaE r fcD Ur,r [fnrL r rdrl at rLt rrry .ir lo btd rd rnnl€t t..hrthrri Shadowrock Gonstruction, LLG 700 17th Sfreet . Suite 200 Denver, CO 80202-3502 January 8,2016 Richard Davies, P.E. Eagle County Engineering Department P.O. Box 850 500 Broadway Eagle, CO 81631 Via Email: richard.davies@eaqlecountv.us Re: Shadowrock Subdivision lmprovements Agreement Dear Mr. Davies: I am writing on behalf of Shadowrock Construction, LLC to request an extension of the completion date required in the Subdivision lmprovements Agreement. The April 1"t 2014 Subdivision & Off Site lmprovements Agreement is recorded at Reception Number 201405503 and requires that all referenced improvements be completed by February 1,2014. It was necessary to find and correct issues discovered in the underground utilities prior to beginning work on the roadway and surface improvements. Underground repairs took longer than anticipated, delaying the start of the surface improvements and then we were caught by the onset of winter weather. We plan to resume work as soon as weather permits and diligently prosecute the remaining work. To allow adequate time to complete the work, arrange inspections and process acceptance; we respectfully request the completion date be extended to June 30, 2016. I have attached a letter from the Shadowrock Townhome Association in support of this request. lf you have any questions or concerns, please give me a call. Thank you, Jeffery M. Spanel PE Project Manager PO Box 978 Avon, CO 81620 970-949-5072 CC:Jacques Machol lll, Lenn Haffeman, Hal Hultquist, Thomas Banner, Jesse Swann Page 1 of 1 Shadowrock Townhome Association, Inc. 111 Juniper Trail Carbondale, CO 81623 January 8, 2016 Via email Shadowrock at Aspen Development, LLC Mr. Jeff Spanel Project Manager 40801 U.S. Hwy 6 Avon, CO 81620 (970) e4e-5072 ispa ne l@ i nter-mtn. net Re: Subdivision lmprovement Agreement, Extension Good Afternoon Jeff: The purpose of this letter is to acknowledge and support an extension of the completion of the improvements as referenced in the Subdivision lmprovement Agreement for Shadowrock Townhomes. Please note that this support will expire on June 30,2016. At that time the property owners would expect that the improvements would be complete. Shadowrock Townhome Association, lnc. (970) 376-7800then@