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Home My WebLink AboutConsent 2022-01 2nd Partial Release of Collateral - File NO. SUF-1765DocuSign Envelope ID: 3C24A38F-26CE4F09-880E-75E407858123 BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO CONSENT NO.2022-01 AUTHORIZING SECOND PARTIAL RELEASE OF COLLATERAL FOR BOULDERS SUBDIVISION FILE NO. SUF-7165 WHEREAS, pursuant to C.R.S. § 30-28-137, the Board of County Commissioners of the County of Eagle, State of Colorado (the "County") entered into a Subdivision and Off -Site Improvement Agreement dated December 5, 2017 (the "Agreement") with 3010 BASINGDALE, LLC, a Colorado limited liability company ("Subdivider") for the Boulders Subdivision; and WHEREAS, Subdivider provided collateral in the form of a First Bank letter of credit in the amount of $56,822.50, representing the estimated cost of the Subdivision and Off -Site Improvements associated with the Boulders Subdivision (the "LOC"); and WHEREAS, in February 2019, Subdivider represented to the County that certain Subdivision Improvements required under the Agreement were partially completed and Subdivider applied for a first partial release of collateral. Eagle County Consent No. 2019-01 was approved by the County on February 18, 2019, recorded at Eagle County Reception No. 201902288, authorizing a partial release of collateral in the amount of $33,257.25. Subdivider thereafter decided to withdraw its request for a partial release of collateral, rendering Consent No. 2019-01 null and void, and the County continued to maintain the LOC; and WHEREAS, in February 2020, Subdivider represented to the County that certain Subdivision Improvements required under the Agreement were partially completed and Subdivider applied for a first partial release of collateral. Eagle County Consent No. 2020-03 was approved by the County on March 12, 2020 and signed by the County on March 22, 2020. Eagle County Consent No. 2020-03 was recorded at Eagle County Reception No. 202004310, authorizing a partial release of collateral, in the amount of $43,673.63; and WHEREAS, Subdivider has now represented to the County that certain Subdivision and Off -Site Improvements and Landscape Improvements required under the SIA have been completed and the Subdivider has applied for a second partial release of collateral; and WHEREAS, based upon the written recommendations of the County Engineer set forth in Exhibit A attached hereto and incorporated herein, and the recommendation of the County Attorney, THE COUNTY FINDS that certain subdivision improvements associated with the Boulders Subdivision appear to be completed as of January 19, 2022 and a partial reduction in the collateral is warranted; and WHEREAS, pursuant to the Agreement, Subdvider shall be responsible for the condition of the Boulders Subdivision and Off -Site Improvements for a period of two (2) years from the date of completion; and Eagle County, CO Regina O'Brien Pgs: 8 REC: $0.00 DOC: $0.00 202203096 02/23/2022 09:02: 1 0 AM DocuSign Envelope ID: 3C24A38F-26CE-4FO9-880E-75E407858123 WHEREAS, pursuant to Resolution 95-35, the Chair of the Board of County Commissioners, or in her absence, the Chairman Pro Tem, has the authority to approve partial releases once the release has been recommended for approval by the County Attorney; and WHEREAS, based upon the recommendations of the County Engineer and the County Attorney THE COUNTY FINDS that a second partial release is warranted. NOW, THEREFORE, BE IT AUTHORIZED BY THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, based on the recommendation of the County Engineer and the County Attorney, the Chair of the Board authorizes this second partial release of collateral in the amount of $7,466.63, thereby reducing the required collateral from $13,148.87 to $5,682.24, which represents the estimated cost of the remaining Subdivision and Off -Site Improvements for the Boulders Subdivision; and THAT, this partial release of collateral does not represent the County's acceptance of the work purportedly completed by the Subdivider; and THAT, this partial release of collateral does commence the warranty period; and THAT, this partial release of collateral shall not in any way abrogate the rights of the County in enforcing the Subdivider's performance of its outstanding obligations under the Agreement; and THAT, this partial release is contingent upon the Subdivider substituting collateral in a form acceptable to the County Attorney. APPROVED by the Chair of the Board of County Commissioners of the County of Eagle, State of Colorado, pursuant to Eagle County Resolution 95-35, this 2/22/2022 COUNTY OF EAGLE, STATE OF COLORADO By and Through Its CHAIR TO THE BOARD OF COUNTY COMMISSIONERS DmuSigned by: By: vQueeney, Chair EAGLE COUNTY ATTORNEY DocuSlpned by: By: �� --- County Attorney EAGLE COUNTY ENGINEER DocuSigned by: By. _[—GA GerAes "ftfib ,"county Engineer DocuSign Envelope ID: 3C24A38F-26CE4FOg-880E-75E407858123 EXHIBIT A DocuSign Envelope ID: 3C24A38F-26CE-4FO9-880E.75E407858123 MEMORANDUM EAGLE COUNTY ENGINEERING TO: Matt Peterson, Eagle County Attorney's Office FROM: Julie Pranger, Engineering Department DATE: January 31, 2022 RE: Boulders Subdivision Improvements Agreement Authorization of the Second Partial Collateral Release A written request for a reduction of the collateral for the construction of portions under the SIA Agreement was received by our office on January 18, 2022. The original amount from the signed Subdivision and Off -Site Improvements Agreement was $56.822.50. The first partial release was approved on May 12, 2020 in the amount of $43,673.63 leaving $13,148.87 collateralized. Total Collateral Amount=$56.822.50 First Partial Collateral Release=543,673.63 Remaining Collateral Amount=$13,148.87 After First Partial Release The Eagle County Engineering Department performed an inspection confirming the amount of work completed on January 19, 2022. Construction items were checked for completion as listed in the Preliminary Engineer's Opinion of Probable Cost by Marcin Engineering. All Public Improvement items were found to be constructed and completed in a satisfactory manner. The Eagle County Engineering Department recommends a reduction of the collateral for the items completed in the amount of $7,466.63 from the remaining $13,148.87. The remaining collateral will be $5,682.26. Current Collateral Amount=$13,148.87 Second Partial Collateral Release=$7,466.63 Remaining Collateral Amount=$5,682.26 After Second Partial Release The remaining collateral consists of the 10% of the Public Improvements which is to be retained by the County for a period of two (2) years, as stated in Sections 2.3 and 4.3 of the Subdivision Improvements Agreement. DocuSign Envelope ID: 3C24A38F-26CE-4F09-880E-75E407858123 This reduction does start the warranty period. A collateral release summary is attached for this release. cc= Ben Gerdes, County Engineer Beth Oliver, Deputy County Attorney Mike Dantas, 3010 BASINGDALE LLC Attachments: Attachment A: Boulders Subdivision Collateral Tracking Summary Attachment B: Engineer's Opinion of Probable Cost Attachment C: Second Collateral Release Request . Jac @■ I~ ¥ a§ | i I - 4 |)� § / a§. � ,Q ,6= =s§ a, m- �� ,5 a! ■; §q ea■ ■�_ ## q� }& k}- ;/ 1 1 ] � E $t §i 2 j : °.§ i §ƒ§ ± ■k �,G DocuSign Envelope ID: 3C24A38F-26CE-4F09-880E-75E407858123 Attachment B First Amendment to Boulders Subdivision Preliminary Engineer's Opinion of Probable Costs Public Improvements Eagle County File No. SUF-7165 11/22/2017 ITEM DESCRIPTION Quantity Units Unit Price Amount Drains e 1 Install Drainage Ditch 385 LF $ 3.00 $ 1,155.00 2 Seeding D.27 AC 4.500.00 $ 1,215.00 Subtotal $ 2,370.00 Sewer 3 Install 8" C900 Sewer Line 315 LF $ 54.00 $ 17,010.00. Install 8" Yelomine Sewer Line, Directional Bore 1 EACH $ 4,000.00 $ 4,000.00. 5 InstallSewer Manholes 4 EACH $ 3,600.00 $ 14,400.00 Subtotal $ 35,410.00 Erosion Control Install Straw Wattles 8 EACH $ 60.00 $ 480.00 Install and Maintain Slit Fence 425 LF $ 2.S0 S 11062.50 Subtotal $ 1,542,50 Total Phase 1 $ 39 2:2:50 �:��-.,-� ITEM _ ----� � ~.d:�.:;,{ �� - . ,;•.-•"„ter ,, � DESCRIPTION - Quantity Units Unit Price Aii oUhf Drain 'e 8 Install Drainage Ditch 265 LF $ 3.00 $ 495.00 9 Seeding 0.05 AC $ 4,500.00 $ 225.00 Subtotal $ 720.00 Sewer 10 Install 8" C900 Sewer Line 140 LF $ 54.00 $ 7,560.00 11 Install Sewer Manholes 1 EACH $ 3,600.00 $ 3,600.00 Subtotal $ 11,260.00 Erosion Control 12 Install StraW Wattles 4 EACH $ 60.00 $ 240,00 13 Install and Maintain Silt Fence 152 LF $ 2SD $ 380.00 Subtotal $ 620.00 Total Phase 2 $ 12,50o,00 Contingency_$ 5,000.001 Total of Phase 1 and Phase 2 $ 56,822.50 32492 DocuSign Envelope ID: 3C24A38F-26CEAF09-880E-75E407858123 Attachment C EAGLE COUNTY 3018 Basingdale Boulevard CO Julie Pranger <julie.pranger@eaglecounty.us> mike.dantas67@gmail.com <mike.dantas67@gmail.com> Tue, Jan 18, 2022 at 10:54 AM To: Ben Gerdes <ben.gerdes@eaglecounty.us>, Julie Pranger <julie.pranger@eaglecounty.us> Cc: Robinson Usagani Robinson@krmconsultants.com>, Tim Hennum <tim@krmconsultants.com>, Vance Gabossi <Vance.Gabossi@eaglecounty.us>, Amanda Mena <amanda.mena@eaglecounty.us> "Engineering must perform site inspection to release SIA and have a letter from structural engineer verifying adequate drainage for retaining walls.- see Julie or Rickie" Ben and Julie, I found this comment that we need to get through to receive a Certificate of Occupancy for 3018 Basingdale Boulevard. I need the CO by Wednesday the 26 of January. There is a letter in the county file from the structural engineer stating that the walls have been built to the plans. This letter I believe satisfies the structural and drainage requirement for the walls at 3018 Basingdale Boulevard. "Engineering must perform site inspection to release SIX What engineer is this comment meant for? I do not think the county does site inspections. Need to get through this to get the CO. Please advise me how to move forward. Thank you for all you help on this 6 year project. This is the end of an error! Mike Dantas Slopeside Construction Inc 2121 N Frontage Rd W, PMB 206 Vail, CO 81657 970-376-5444