HomeMy WebLinkAboutR94-009 first partial release for Cordillera Filing 8Commissione c ��Ol . moved adoption
of the followi g Resolution:
BOARD OF COUNTY COMMISSIONERS
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COUNTY OF EAGLE, STATE OF COLORADO
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RESOLUTION NO. 94-
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FIRST PARTIAL RELEASE of COLLATERAL
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Filing 8
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CORDILLERA SUBDIVISION
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WHEREAS, pursuant to C.R.S. 30 -28 -137, the Board of County n
Commissioners of the County of Eagle, State of Colorado ( "Board ") P
entered into a Subdivision Improvements Agreement dated June 22, i o
1993 ( "Agreement ") with Stag Gulch Partners, a Colorado General m
Partnership ( "Subdivider "), as a condition of final plat approval o
for Filing 8, Cordillera Subdivision; and
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WHEREAS, the Subdivider provided collateral in the form of a o
plat restriction to guarantee the faithful completion of the public 0 w
improvements in the project; and m o
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WHEREAS, Paragraph 2.4 of the Agreement allows the Subdivider ro
to provide Substitute Collateral in the form of a certain letter of
credit, together with an Enforceability Opinion, all as described
therein; and 0
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WHEREAS, by Resolution No. 93 -116, the plat restriction was � 0
released and Letter of Credit No. 59181359 in the amount of
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$1,683,367.07 was accepted as substitute collateral; and
WHEREAS, the Subdivider has represented to the Board, and
members of the County staff have corroborated the Subdivider's
representations, that improvements required under the Agreement
have been partially completed in a satisfactory manner (Exhibit A);
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WHEREAS, the Subdivider has requested a reduction in the
amount of $344,191.87, leaving a balance of $1,339,175.20 to be d
collateralized under a new Letter of Credit acceptable to the Board o
(Exhibit B). o
Based upon the oral and written recommendations of the County
staff, THE BOARD FINDS that the Subdivider's obligations under the
Agreement have been partially satisfied.
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NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO:
THAT, a reduction in the collateral in the amount of
$344,191.87 for a balance of $1,339,175.20 is granted.
THAT, all other provisions of the Agreement shall remain in
full force and effect.
MOVED, READ AND ADOPTED by the Board of County Commissioners
of the County of Eagle, State of Colorado, this /0 day of
January, 1994.
COUNTY OF EAGLE, STATE OF
COLORADO, By and Through Its
BOARD OF COUNTY COMMISSIONERS
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Commissioner
foregoing reE
follows:
Commissioner George A. Gates
Commissioner Johnnette Phillips
Commissioner James E. Johnson, Jr.
This Resolution passed by vote of the Board of
County Commissioners of the County of Eagle, State of Colorado.
cord -8.rel
#87 -84
525801 B -629 P -741 01/11/94 03:08P PG 2 OF 6
Gates, Chairman
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MEMORANDUM
EAGLE COUNTY ENGINEERING
TO: Mary Jo Berenato, Attorney's Office
FROM: Phill Scott, Engineering
DATE: December 14, 1993
RE: Cordillera, Filing 8
Subdivision Improvements Agreement
First Partial Release of Collateral
On Wednesday, October 27, 1993, John Althoff and myself, along r
with Mark Avery and Herb Eaton of Cordillera, and Chris Williams
of Johnson, Kunkel & Associates conducted a site visit to inspect
the progress of the public improvements constructed in the above
referenced subdivision.
We found that work has been completed which would warrant a first
partial release of collateral, and that this work appears to be
in compliance with the terms and conditions of the SIA.
Attached is correspondence from the developers and their engineer
that outlines work which has been completed to date. We concur
with these representations. I have also attached a summary of
the work that remains to be done under the SIA.
525801 B -629 P -741 01/11/94 03:08P PG 3 OF 6
cc: Larry Metternick
File
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Cordillera Filing 8
December 14, 1993 r
Work Remaining
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Road Construction
Mobilization
20%
$ 3,000.00
Fine grading
21,210 S.Y.
$ 8,484.00
Aggregate Base Course
18,950 Tons
$161,075.00
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Asphalt
1,854 Tons
$ 74,160.00
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Testing
25
$ 2,500.00
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Street signs
4 Each
$ 600.00
Place topsoil
5,200 S.Y.
$ 10,400.00
Landscaping:
Grade topsoil
7,840.8 S.Y.
$ 3,136.32
Grass
39,204 S.Y.
$ 8,232.84
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Guardrail
400 L.F.
$ 6,000.00
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Guardrail anchors
2 Each
$ 1,200.00
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$278,788.16
Water Construction
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7' trench B &C
9,244 L.F.
$ 87,818.00
6 D.I.P.
2,300 L.F.
$ 27,255.00
8 D.I.P.
7,470 L.F.
$126,511.00
6 Gate valve
3 Each
$ 1,920.00
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8 Gate valve
13 Each
$ 11,570.00
6 C.I. Elbow
2 Each
$ 230.00
8" C.I. Elbow
24 Each
$ 3,840.00
8 C.I. Tee
6 Each
$ 1,440.00
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Hydrant Assy
14 Each
$ 21,000.00
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Service Assy
33 Each
$ 19,800.00
PRV
1 Each
$ 7,500.00
Air release valve
3 Each
$ 6,750.00
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$315,634.00
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Sewer Construction
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12' trench B &C
8,928 L.F.
$111,600.00
8 PVC
7,354.8 L.F.
$ 33,832.08
Manholes
337 V.F.
$ 64,030.00
Service connections
29 Each
$ 20,300.00
$229,762.08
Drainage
Rip Rap 30 C.Y. $ 1,050.00
18" CMP Pipe 420 L.F. $ 5,691.00
18" CMP E.S. 20 Each $ 2,800.00
$ 9,541.00
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Cordillera Filing 8
December 14, 1993
Work Remaining
Electrical
4' Trench
8,347.5 L.F.
$
41,737.50
Conduit
14,152.5 L.F.
$
42,457.50
Cable
15,725 L.F.
$165,112.50
Cable 3Ph
1,600 L.F.
$
40,000.00
Transformers
10 Each
$
15,000.00
Vaults
12 Each
$
15,000.00
Riser
1 Each
$
2,000.00_
$321,307.50
Telephone and TV
Buried cable 8,347.5 L.F. $ 33,390.00
Natural Gas
2 Gas line 9,820 L.F. $103,110.00
Engineering, Surveying
and Testing 50 $ 47,642.46
TOTAL FILING 8 $1,339,175.20
TOTAL AMOUNT COMPLETED $344,191.87
525801 B -629 P -741 01/11/94 03:08P PG 5 OF 6
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January 4, 1994
BF -BANK
Berliner Handels-
und Frankfurter Bank
New York Branch
Board of County Commissioners
County of Eagle
State of Colorado
P.O.Box 850
Eagle, Colorado 81631
55 East 59th Street
New York. NY 10022 -1186
Telephone (212) 7565500
FAX: (212) 756-5966
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RE: IRREVOCABLE LETTER OF CREDIT
Number S9181359
Gentlemen:
We hereby amend our above referenced Letter of Credit as follows:
- Amount is decreased by USD344,191.87 (Three Hundred Forty Four Thousand One
Hundred Ninety One and 87/100 U. S. Dollars) to a new balance of USD1,339,175.20
(One Million Three Hundred Thirty Nine Thousand One Hundred Seventy Five and
20/100 U.S. Dollars).
- Expiration date is extended until May 15, 1995.
All other terms and conditions remain unchanged.
Please signify your agreement to this amendment by signing and returning the attached
copy.
Very truly yours,
Berliner Handels- and Frankfurter Bank
New York Branch
Managing Partners: r.
Registered Head Offices: Registry and Commercial Register
Wolfgang Graebn¢r FrenkfuwM and Berlin No. Frankf.WM 72 HRB 20000
Heinz- Gernot Reimers Charlonenburg in Berlin 92 HRB 20000
Wolfgang Rupf
Wulf v. Schimmelmann
Wolfgang Strutz
Louis Graf van tech
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Chairman of the Supervisory Board
Klaus Subletzki
Corporate Status:
Limited Company with General Panne.