HomeMy WebLinkAboutC21-264 Tree Farm RFVDocuSign Envelope ID: 809958F6-9FEA-4BA8-9B3C-81 E6371 FD227 FIRST AMENDMENT TO SUBDIVISION AND OFF -SITE IMPROVEMENTS AGREEMENT FOR THE TREE FARM -- PHASE TWO File No. PDF-9092 THIS FIRST AMENDMENT to the Subdivision and Off -Site Improvements Agreement for The Tree Farm Phase Two ("First Amendment") is entered into 7/27/2021 , by and between the Board of County Commissioners of the County of Eagle, State of Colorado (hereinafter "County") and Tree Farm RFV, LLC, a Colorado limited liability company (hereinafter "Subdivider"). WITNESSETH WHEREAS, Subdivider and County entered into a Subdivision and Off -Site Improvements Agreement for The Tree Farm Phase Two on the 21It day of July, 2020 (hereinafter "SIA"); 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 SIA because it desires to defer completion of some improvements until summer of 2022 and this is acceptable to Eagle County Engineering Department; and WHEREAS, Section 4.5 of the SIA provides that the SIA may be amended or modified from time to 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 SIA to reflect a new Date of Completion of August 1, 2022 for the 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 shall be completed prior to August 1, 2022. The construction scheduled is updated as reflected in Exhibit C-1 which is attached and incorporated herein. 2. Capitalized terms in this First Amendment will have the same meaning as in the Original Agreement. To the extent that the terms and provisions of the First Amendment conflict with, modify or supplement portions of the Original Agreement, the terms and provisions contained in this First Amendment shall govern and control the rights and obligations of the parties. 3. Except as expressly altered, modified and changed in this First Amendment, all terms and provisions of the Original Agreement shall remain in full force and effect, and are hereby ratified and confirmed in all respects as of the date hereof. 4. This First Amendment shall be binding on the parties hereto, their heirs, executors, successors, and assigns. C21-264 DocuSign Envelope ID: 809958F6-9FEA-4BA8-9B3C-81 E6371 FD227 IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Original Agreement the day and year first above written. Attest: DocuSigned by: I, 15vittAl Regina tf,'e1Ufk to the Board By and Through its Board of County Commissioners DocuSigned by: By:S&AjT . F8i@'i'�E'Chair SUBDIVIDER: Tree Farm PFV, LLC DocuSigned by: By. Qw A L2ffWF6EB43F... Its: Manager C21-264 DocuSign Envelope ID: 809958F6-9FEA-4BA8-963C-81E63711�112 X H IBIT C— 1 ROARING FORK 10 ENGINEERING 592 Highway 133 Carbondale, CO 81623 ORIGINAL SCHEDULE Ph: 970-340-4130 Tree Farm Phase II Eagle County Colorado Engineering Construction Schedule Below is an engineering construction schedule to satisfy section 1.5 of the SIA "1.5. Date of Completion. All Subdivision Improvements shall be completed on or before the last day of the 18th complete calendar month following the recording of the Final Plat of the Subdivision." Month 1 Mobilization, installment of traffic control devices and construction safety measures, site demolition, removal and relocation of structures, clearing and grubbing, installation of erosion control BMPs. Month 2-4 Trenching, installation of deep utilities, water, sewer, force mains, installation drainage structures, installation of raw water system, installation of shallow utilities, communication, gas, electric, materials handling and processing. Month 5-9 Site grading to subgrade of road corridors and over lot site grading, placement of structural road sections, installation of concrete sidewalks, curb and gutter, asphalt paving, site walls, trails, installation of above grade utility boxes and structures. Month 1 0-12 Grading and construction of pedestrian trails outside of main road corridor construction areas, retaining wall construction. Month 13-16 Tie-ins to existing conditions at project extents, topsoil placement and final stabilization, installation of landscaping. Month 17-18 Punch list item corrections, site clean-up, demobilization. The above schedule is created from the best available information of the sequencing and timing of construction based on general construction installations and methods. C21-264 Page 1 of 1 DocuSign Envelope ID: 809958F6-9FEA-4BA8-9B3C-81E6371FD2 7 H IBIT G 1 ROARING FORK, ENGINEERING", 592 11igliway 133 • Carbondale, CO 81623 • 97(-).948.7.174 • www.rfeng.biz • ri c ha rdg@ rfeng.biz AMENDMENTTO ORIGINAL SCHEDULE Tree Farm Phase II Eagle County Colorado Amended Engineering Construction Schedule The Following is an engineering construction schedule for the remainder of the work to be completed as part of the Tree Farm Phase II SIA. This schedule is to satisfy section 1.5 of the SIA. All work under this schedule is to be completed by August 1, 2022. 7/13/2021-8/31/2021 Punch list item correction, site cleanup. 7/13/2021-4/l/2022 Phase II lift station installation and associated construction activity for utility tie-ins to the lift station, remaining asphalt and concrete paving in the lift station excavation hole and completing landscaping in the lift station area. 6/1/2022-8/1/2022 Plaza construction, speed table in Kodiak Drive and landscaping all related to the plaza from the underpass at Kodiak Drive to the lake trail between lots E1/E2 and E3 The above schedule is created from the best available information of the sequencing and timing of construction based on general construction installation and methods. C21-264