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HomeMy WebLinkAboutC22-236 Tree Farm_Second Amendment to SIA Phase IIDocuSign Envelope ID: BA289C50-2C25-4510-AD5C-35E24399810E Eagle County, CO 2022/09/0 Regina O'Brien 06/21 /2022 Pgs' 14 12:50:49 PM REC: $0.00 DOC: $0.00 SECOND AMENDMENT TO SUBDIVISION AND OFF -SITE IMPROVEMENTS AGREEMENT FOR THE TREE FARM -- PHASE TWO File No. PDF-9092 THIS SECOND AMENDMENT to the Subdivision and Off -Site Improvements Agreement for Phase Two of The Tree Farm Planned Unit Development ("Tree Farm PUD") is entered on 6/21/2022 , 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"). W ITNESSETH WHEREAS, Subdivider and County entered into a Subdivision and Off -Site Improvements Agreement for Phase Two of The Tree Farm PUD on the 2 1 " day of July, 2020 (hereinafter "SIA"); and WHEREAS, Section 1.5 of the SIA, entitled "Date of Completion", provides that "all Subdivision Improvements shall be completed prior to January 24, 2022"; and WHEREAS, Subdivider and County entered into the First Amendment to the SIA on the 27"' day of July, 2021 to amend the Date of Completion for the Subdivision Improvements to August 1, 2022; and WHEREAS, Subdivider has requested and the Eagle County Engineering Department recommends a second extension of the Date of Completion currently set forth in the SIA to allow the Subdivider to delay construction of certain Subdivision Improvements related to the plaza in Phase Two of the Tree Farm PUD (hereinafter referred to as the "Plaza Subdivision Improvements") and to delay installation of certain Landscape Improvements associated with the Plaza Subdivision Improvements ("Plaza Landscape Improvements") pending construction and completion of adjacent vertical construction in order to avoid possible damage to the Plaza Subdivision Improvements and Plaza Landscape Improvements; 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 and the construction schedule, attached as Exhibit C to the SIA, to reflect a new Date of Completion of August 31, 2023 for the Plaza Subdivision Improvements and to revise the Estimated Cost of Subdivision Improvements and the Estimated Cost of Landscape Improvements, attached as Exhibit A and Exhibit B to the SIA, to reflect separate cost estimates for the Plaza Subdivision Improvements DocuSign Envelope ID: BA289C5O-2C25-4510-AD5C-35E24399810E and Plaza Landscape Improvements to facilitate the release of collateral as improvements are completed. NOW, THEREFORE, in consideration of the premises and the covenants and agreements herein contained to be kept and performed by the parties hereto, it is hereby understood and agreed as follows: AGREEMENT 1. Section 1.5 of the SIA is hereby amended to read as follows: 1.5 Date of Completion. The Plaza Subdivision Improvements shall be completed prior to August 31, 2023. All other Subdivision Improvements, set forth on Exhibit A to the SIA, shall be completed prior to August 1, 2022. The revised construction schedule is attached as Exhibit C-1 to this Second Amendment. 2. Section 1.7 of the SIA is hereby amended to read as follows: 1.7 Estimated Costs of Subdivision Improvements. The estimated cost of the Subdivision Improvements is the sum of $6,271,446.26, as set forth on Exhibit A of the SIA and Exhibit A-1 attached to this Second Amendment and incorporated herein, with $248,949.60 being for the Plaza Subdivision Improvements and $6,022,496.66 being for the remaining Subdivision Improvements. A detailed breakdown of the Plaza Subdivision Improvements is set forth on page two of Exhibit A-1. To secure and guarantee performance of its obligations as set forth in this Section 1, including the completion of the required Subdivision Improvements, the Subdivider hereby agrees to provide security and collateral for the Subdivision Improvements in the form and as set forth in Section 2, below. 3. Section 1.9 of the SIA is hereby amended to read as follows: 1.9 Landscape Plan. Subdivider has submitted a landscape plan to the County Department of Community Development which complies with the Land Use Regulations, Section 4-240, Installation and Maintenance Requirements. The Subdivider agrees to abide by the landscape plan approved by the County Department of Community Development (the "Landscape Plan"). The total estimated cost of the Landscape Improvements is the sum of $598,823.32, as set forth on Exhibit B of the SIA and Exhibit A-1 attached to this Second Amendment and incorporated herein, with $91,417.30 being for the Plaza Landscape Improvements. A detailed breakdown of the Plaza Landscape Improvements is set forth on page four of Exhibit A-1. To secure and guarantee performance of its obligations to install the Landscape Improvements as set forth in this Section 1.9, including the completion of the required 2 DocuSign Envelope 10: BA289C50-2C25-4510-AD5C-35E2439981 CE Landscape Plan, the Subdivider hereby agrees to provide security and collateral for the Landscape Improvements in the form and as set forth in Section 2.8, below. 4. Section 2.1 of the SIA is hereby amended to read as follows: 2.1 Subdivision Improvements Collateral_ The security and collateral for the Subdivision Improvements required in Section 1.7 as security for the performance by Subdivider of its obligations under this Agreement, shall be in the amount of $6,271,446.26, with $248,949.60 being for the Plaza Subdivision Improvements and $6,022,496.66 being for the remaining Subdivision Improvements (the "Subdivision Improvements Collateral"). Prior to the issuance of any grading or building permits for or commencement of construction of any of the Subdivision Improvements, the Subdivider will provide the County with the Subdivision Improvements Collateral in the form of an irrevocable Letter of Credit, in form and substance acceptable to the County Attorney. A summary of the collateral releases for the Subdivision Improvements is set forth on page one of Exhibit A-1 attached to this Second Amendment. 5. Section 2.8.1 of the SIA is hereby amended to read as follows: 2.8.1 Prior to the County's issuance of any development permit for the Subdivision, Subdivider agrees to provide the County the "Landscape Plan Collateral" in the form and substance acceptable to the County Attorney, in the form of an irrevocable Letter of Credit to ensure the Landscape Improvements will be installed according to the approved Landscape Plan. Subdivider agrees to provide the Landscape Plan Collateral for no less than: (a) one hundred percent (100° o) of the estimated cost of those Landscape Improvements that are site furnishing and amenities; and (b) one hundred and twenty-five percent (125°-0) of the estimated cost of the other Landscape Improvements listed in the approved Landscape Plan (the "Planting Collateral Portion"), based on the cost estimate provided by the Subdivider and approved by the County, as set forth in Exhibit B of the SIA and Exhibit A-1 attached to this Second Amendment and Section 2.1, above. The Landscape Plan Collateral shall be in the amount of $712,649.62 as further detailed on Exhibit B of the SIA and Exhibit A-1 attached to this Second Amendment, with $100,284.13 being for Plaza Landscape Plan collateral. A breakdown of the collateral required for the Plaza Landscape Improvements is set forth on page two of Exhibit A-1 attached to this Second Amendment. 6. All other terms and conditions of the SIA for Phase Two of The Tree Farm PUD shall remain in full force and effect. DocuSign Envelope ID: BA289C50-2C25-4510-AO5C-35E24399810E IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment the day and year first written above. Uocuftned by: Attest; m Clerk to the oar" State of Colorado } } ss. County of ect A( } COUNTY: County of Eagle, State Of Colorado, By and Through Its Board of County Commissioners Docuftned by: B y . 0-- efftMtWMtnney, Chairman SUBDIVIDER: Tree Farm RFV, LLC By: Woody Ventures, LLC, its Manager By: & r � .._.. Name: re N Lane Its: Investment Manager The foregoing was acknowledged before me this &Ith day ofl-�t-LC 22022, by Andrew N. Lane as Investment Manager of Woody Ventures, LLC, as Manager of Tree Farm RFV, LLC. WITNESS my hand and official seal. My commission expires USA NIESLANIK NOTARY PIJSUC STATE OF COLORADO MY COMMIISSION EXPWS SEP OTARY 10 3Z@22 SEPTEMBER 24, 2Q24 N ry Public �4 QocuSign Envelope IQ: BA289C50-2C25-4510-Ap5C-35E24399810E EXHIBIT A-1 [see attached pages] r., H m 2 X W H d c. L _m 0 V N m r a 0 D a E m 4L L *F+ IM E E N MO M co rl ri tq r O r tO M a V M co co V i O 0O0 ri Ln In m 00 O ri rn to o Lnoo too 0! rnP,O ri W O rul M r n m M O' V 00 M O a tD al W m e-4 In rl en d In t N VF V> V> VT VT V? VF .ro+ w d 0 d _ O G. Ln N fa o v E E r m W W W mc c aj d N E N O O E ' C Q C Q. a uj E E L C — N yE d E III 16 L N c a E O CL CL E Q E Zj t0i s V > e L J N vi C N �6 N N QI O c L C m U m o W -' 0 e0 LL N N e0 F- Vt O N U r F N O1 v 00 r T Ln M m a cD O1 Ln r-1 r m m r N M In N N C N m m °n' � n a :° Q v 0 0 of V$ ro N O lD t0 OO1 O Q N Op Q r N tD Rr N r r l0 N N I V> V" VF V> V? V? (U a ar ai 7 a w y cc s 4) a m � w y p lO N O1 M Y L � cc L y v 3 fLb 3 y N J C m c W:: A 0 W" u 0 co M w a O E VI a N a' �q �+ c a u° u W u° j0 w WC m oo C o 00 c W N C IO E C .0 d d 0 o 0 iO � U oa oo= o Ea 0 a m M F DocuSign Envelope ID: BA289C50-2C25-4510-AD5C-35E24399810E EXHIBIT A-1 Plaza Public Improvements Item # Sid # Description Costs D-1 255 Class 6 Aggregate Base Course $ 4,492.80 D-8 280 Concrete Pavement 4" $ 17,850.00 D-9 290 Concrete Pavement 6" $ 22,750.00 D-10 300 Crosswalks - 8 Inch Special Color $ 60,175.00 D-11 310 Concrete 6" Decorative $ 15,087.50 D-13 330 Concrete Flower (Plaza) $ 34,790.00 F-21 630 2" Electric Conduit $ 5,491.80 F-29 1 700 lElectrical Lighting $ 44,000.00 D-14 1 950 ISteel Grates Plaza $ 44,312.50 Total Public Improvements Collateral $ 248,949.60 Landscape Work Landscaping Per SIA - Pedestrian Plaza 91417.30 Site Furnishings & Amenities $ 55,950.00 Difference (Living Improvements that require additional 25% Collateral) $ 35,467.30 25% of Total Living Landscape Improvement Estimate $ 8,866.83 Collateral (125% of Landscape Improvement Estimate) $ 44,334.13 Total Landscaping Collateral $ 100,284.13 TOTAL PLAZA SIA COLLATERALI $ 349,233.73 DocuSign Envelope ID: BA289C50-2C254510-AD5C-35E2439981 C E EXHIBIT A-1 THE TREE FARM PUD Page 1 of 9 LANDSCAPE OPINION OF PROBABLE COST Date: January 27, 2020 By: LANDWEST Colorado, LLC PHASE-2 Summary Page COST BY PLAN SHEET 1-1-Park Area AMOUNT $185,995.91 1-2-East Lake Trail Area $31,129.73 1.3-South Lake Trail Area $16,494.84 1-4-North Tree Farm Drive / Kodiak Drive $64,800.40 1-5-South Tree farm Drive / Kodiak Drive $92,235.36 L6 & 1-7-South Kodiak Drive / E & S of Lot F2 $56,001.86 1-8-Pedestrian Plaza $91,417.30 L9-Underpass/ Bus Station Area $60,747.92 GRAND TOTAL: 1 $598,823.32 COST BY CATEGORY SOIL & AMENDMENTS AMOUNT $74,246.51 IRRIGATION $179,500.00 TREES $67,275.00 SHRUBS, PERENNIALS & GROUND COVERS $134,283.67 SITE FURNISHINGS & AMENITIES $143,518.15 GRAND TOTAL: $596,823.32 DocuSign Envelope ID: BA289C50-2C25-4510-AD5C-35E24399810E EXHIBIT A-1 THE TREE FARM PUD Page 8 of 9 LANDSCAPE OPINION OF PROBABLE COST SHEET L8 Date: January 27, 2020 Pedestrian Plaza By: LANDWEST Colorado, LLC PHASE-2 ITEM QUANTITY UNIT UNIT COSTAMOUNT SOIL & AMENDMENTS Topsoil Placement in Planting Beds - 12" Depth 106 CY $15-00 $1,585.00 Soil Amendments for Planting Beds - Compost 3" Depth 26 CY $60.00 $1,585.00 Soil Amendments for Planting Beds - Organic Fertilizer 2,853 SF $0.10 $285.30 SUBTOTAL: $3,455.30 IRRIGATION 1" Drip Valve Zone 4 1 EA 1 $2,500.00 $10,000.00 Controls 1 EA $2,000.001 $2,000.00 SUBTOTAL: $12,000.00 TREES Deciduous Trees 1.5" Caliper 4 EA $475.00 $1,900.00 Deciduous Trees 2" Caliper 11 EA $675.00 $7,425.00 SUBTOTAL: $9,32S.00 SHRUBS, PERENNIALS & GROUND COVERS Ornamental Grasses - #5 60 EA $50.00 $3,000.00 Ornamental Grasses - #2 10 EA $35.00 $350.00 Perennials - #1 154 EA $25.00 $3,850.00 Mulched Planting Beds - 4" Depth 35 CY $100.00 $3,487.00, SUBTOTAL:j $10,687.00 SITE FURNISHINGS & AMENITIES Boulders 6 EA $75.00 $450.00 Steel Bridge Grates 11 EA $3,000.00 $33,000.00 4' Benches 12 EA $1,500.00 $18,000.00 12"x 24" Tables 6 EA $750.00 $4,500.00 SUBTOTAL: $55,950.00 GRANDTOTAL: DocuSign Envelope ID: BA289C50-2C25-4510-AD5C-35E24399810E EXHIBIT C-1 [see attached pages] DocuSign Envelope ID: BA289C50-2C25-4514-AD5C-35E24399810E EXHIBIT C-1 ROARING FORK ENGINEERING 592 Highway 133 + Carbondale, CO 81623 + 970.948.7474 + www.rfeng.biz + richardg@rfeng.biz Tree Farm PUD - Phase II Tree Farm, Eagle County, CO Sewer Lift Station 30 days Mon 6/20/22 Fri 7/29/22 Viewing Deck 5 days Mon 6/20/22 Fri 6/24/22 Lake Trail Concrete 7 days Mon 6/27/22 Tue 7/5/22 Lighting 2 days Wed 7/6/22 Thu 7/7/22 Hot Mix Asphalt 4 days Wed 7/6/22 Mon 7/11/22 Epoxy Pavement Marking 2 days Tue 7/19/22 Wed 7/20/22 Sign Panels w/ Support 1 day Thu 7/21/22 Thu 7/21/22 Landscape 25 days? Mon 6/13/22 Fri 7/15/22 Park Area 15 days Mon 6/13/22 Fri 7/1/22 Irrigation 5 days Mon 6/13/22 Fri 6/17/22 Trees 5 days Mon 6/20/22 Fri 6/24/22 Site Furnishings & Amenities 5 days Mon 6/27/22 Fri 7/1/22 Tree Farm Drive/Kodiak Drive 10 days? Mon 7/4/22 Fri 7/15/22 Irrigation 5 days Mon 7/4/22 Fri 7/8/22 Site Furnishings & Amenities 5 days Mon 7/11/22 Fri 7/15/22 � \ I \ �«J %\ 2 � � R �] j *1 #Q • a\ @2 ■. !� 6 } � e |- @ m �f 0 LnLn } }[J/�k/ \\\\\k\ wwtDr, \ kkk///k a a 0 0\ } . \ \k}k�\� \\///�\/ . § $f A! k 2} % k \ - J: _a _ j )CL 7 �( f�§ ■II a)t|}!}{ %\(k� �2t�2f&i7n § �� to a>2=23 2 \k ««k«■■�■��■¥ �Il�i�i��¥ � o DocuSign Envelope ID. BA289C50-2C25-4514-AD5C-35E24399810E EXHIBIT C-1 ROARING FORK ENGINEERING 592 Highway 133 + Carbondale, CO 81623 + 970.948,7474 + www.rfeng.biz + richardg@rfeng.biz Plaza SIA Tree Farm, Eagle County, CO Inlet Special, 8" Nyloplast 8 days Mon 5/1/23 Wed 5/10/23 2" Electrical Conduit 5 days Thu 5/11/23 Wed 5/17/23 Class 6 Aggregate Base Course 4 days Thu 5/18/23 Tue 5/23/23 Steel Grates - Plaza 2 days Wed 5/31/23 Thu 6/1/23 Concrete Pavement - 4" 7 days Fri 6/2/23 Mon 6/12/23 Concrete Pavement - 6" 11 days Tue 6/13/23 Tue 6/27/23 Concete Pavement - 6" Decorative it days Tue 6/13/23 Tue 6/27/23 Concrete Flower (Plaza) 11 days Tue 6/13/23 Tue 6/27/23 Crosswalks - 8" Special, Color 4 days Wed 6/28/23 Mon 7/3/23 Irrigation 5 days Wed 5/24/23 Tue 5/30/23 Soil & Amendments 5 days Tue 7/4/23 Mon 7/10/23 Boulders 2 days Tue 7/11/23 Wed 7/12/23 Trees 5 days Thu 7/13/23 Wed 7/19/23 Shrubs, Perennials @ Ground Cover 5 days Thu 7/20/23 Wed 7/26/23 Site Furnishings 3 days Thu 7/27/23 Mon 7/31/23 Cleanup & Demobilize 5 days Tue 8/1/23 Mon 8/7/23 � � � � @ � ! 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