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HomeMy WebLinkAboutR94-161 partial release of collateral for Eby Creek Mesa IIBcommissioner _ moved adoption of th following`Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 94 -_ / SECOND PARTIAL RELEASE OF COLLATERAL Eby Creek Mesa Subdivision Phase IIB WHEREAS, pursuant to C.R.S. 30- 28 -37, the Board of County Commissioners of the County of Eagle, State of Colorado ( "Board ") entered into a Subdivision Improvements Agreement dated September 26, 1994 ( "Agreement ") with Eby Creek Mesa Limited Partnership, a Colorado Limited Partnership, whose general partner is Eagle River Land Company, Inc., a Colorado corporation ( "Subdivider "), as a condition of final plat approval for Eby Creek Mesa Subdivision Phase IIB; and WHEREAS, Subdivider installed public improvements prior to the signing of the final plat and subdivision improvements agreement thereby reducing the collateral amount to be held by the Board consequently, the first partial release of collateral was incorporated into the Agreement. As a condition of approval of the Agreement the Subdivider provided the Board with Irrevocable Letter of Credit No. 46 drawn on the Alpine Bank of Eagle, in the amount of $665,034.60 thereby collateralizing the unfinished public improvements associated with Eby Creek Mesa Subdivision Phase II -B; and WHEREAS, pursuant to the Agreement, the Subdivider may apply to the County for a partial release of collateral based on its progress in constructing the public improvements required by the Agreement; and WHEREAS, Subdivider has represented to the Board, that certain public improvements required under the Agreement have been partially completed (see the attached Exhibit " A " ) and therefore Subdivider has applied for a partial release of collateral; and WHEREAS, the Subdivider requests a partial release of its collateral in the amount of $339,171.30 reducing the amount currently held by the County from $665,034.60 to 325,863.30; and WHEREAS, based on the finding of the Department of Engineering, THE BOARD FINDS that the that public improvements associated with Eby Creek Mesa Subdivision, Phase IIB appear to have been partially completed and a reduction in the collateral held by the Board is warranted if the Subdivider provides the County a letter of credit in the amount of $325,863.30 in a form acceptable to the County Attorney. THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, the Board hereby authorizes the partial release of collateral in the amount of $339,171.30, thereby reducing the collateral to $325,863.30 which represents the balance of the public improvements to be completed in Eby Creek Mesa Subdivision, Phase IIB, on the delivery to the County of a letter of credit in the amount of $325,863.30 in a form acceptable to the County Attorney. THAT, this partial release of collateral granted hereby does not represent the County's acceptance of the work purportedly completed by the Subdivider, nor does it in any way signify the commencement of the warranty period; the warranty period shall begin on the date all work is complete and accepted by the County, pursuant to Paragraph 2.6 of the Agreement. THAT, the partial release of collateral granted hereby shall not in any way abrogate the rights of the Board in enforcing the Subdivider's performance of his outstanding obligations under the Agreement. MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, this � day of October, 1994. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS By: f /bhn o issione i George V Gates,'Jr., Commissioner County Commissioners Commissioner seconded adoption of the fore- going resolution. The roll having been called, the vote was as follows: Commissioner Phillips Commissioner Johnson Commissioner Gates This Resolution passed by vote of the Board of County Commissioners of the County of Eagle, State of Colorado. mt..iPN[\2p. rtIIB. eby aubB2 -248 -3- A MEMORANDUM EAGLE COUNTY ENGINEERING TO: Nancy Lewis, Attorney's Office ///111 1 FROM: Phill Scott, Engineering / U/ DATE: October 11, 1994 RE: Eby Creek Mesa, Phase IIB Second Partial Release of Collateral The Engineering Department has inspected the improvements in the referenced subdivision and agrees to the representations made by High Country Engineering that they are complete. We recommend a Second Partial Release of Collateral in the amount of $339,171.30 per the attached Collateral Release Summary. cc: John Althoff Lloyd Powers File H181T 00000° O 0000 00000 000 y W 0 0 0 0 0 0 O 0 0 0 0 O O 999 O M M O 2 00 I I I 11 I 1 1 1 1 • I 00 V100000000 00000000000 I 1 00 00 0 00 Ul q M > W 0 0 0 0 0 0 0 0 b O 0 111 O O O O O b 0 0 0 0 111 0 m b b P 1 1 1 1 1 1 1 1 P OOP I t` W b W H N W M W lP O 1f1 lt1 111 O H b q q 111 O tf) W M ww q b H o w 111NOW HH M N W V1 f� HH H W L�g111 rl N O a H O m N 0 b n N o U hmm ooln00000lnoboln000booln00000b00000 q W O HN0001f101� r-I bL(1 t` t(IOOt� OOh ON W O W H 00000 h a 1111111110 C H H� + O 00 0000 00 000 y 1 1 1 1 1 1 1 I I I I I I I I I I I I I I I 0 00 0000 00 o�M O I I I I I P H b 111 h 1 0 0 I I I 1 1 1 I I I I I N q W 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 > W 0 0 0 0 0 0 0 0 b O 0 111 O O O O O b 0 0 0 0 111 H W O 1 1 1 1 1 If10 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 P OOP I I W H 1 1 1 1 I m h q M L� H q 111 O tf) W M ww q b H o w In W m H rl N H bh H a 0 W 0000000000000000000000000000000 0 hmm ooln00000lnoboln000booln00000b00000 q W O HN0001f101� r-I bL(1 t` t(IOOt� OOh ON W O W H 00000 h Ew-1 1111111110 C H H� H q W HHH H W b01 W Hbol N W u1 I�H H HH W M 0 00000000 000 0 0 0 0 0 0 0 0 0 O b W y 1 1 1 1 1 1 1 I I I I I I I I I I I I I I I N 0 0 0 0 0 0 0 0 111 O b 0111 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 b N M A W O I I I I I P H b 111 h 1 0 0 I I I 1 1 1 I I I I I N q W O 111 LPMON1nOON gala � > W M H b m W aloq W a In W H Hh oNq a M a a�rvv v vrvr rLrLrzr rLrmv v �rUrir nirvr nv}v w a w In o w a H N m m °000000000000000000000000000000 0 W 0000000000000000000000000000000 0 ro ooln00000lnoboln000booln00000b00000 q W O HN0001f101� r-I bL(1 t` t(IOOt� OOh ON W O W H 00000 h Ew-1 1111111110 C H H� H q W HHH H W b01 W Hbol N W u1 I�H H HH W M H I O H O hH m Ol W H HL� N W O NNh W U O U W H a a w o H U H m m W ro ro C7 pq H N W W S1 N I ro U ro> 7 a m f4 q q >-H a) Sa : U m m -.a -H >, Sa a 3 a) m U W N m a al 14 a) C N H w' Co FC x u waa £ £ Ana) -a a w= u W H £H H N O q \ tT a) .0 m 3'H5r S4 E .N (d \ W P v S4 N>, O Sa Sa 4 O H t) 3N u] v] (a H m aj al m a) m (D 3 S4,0 a) a) O C H al 2 fi m iJ � m E .ta .0 m 41 m 0 3 3 C a) :S J_1 r_1 t71 a W WPI w' v >H NT)�N C U mM � ma) a) a) k m N Ya C, a) (d £ q w W Sa m a) a) # 'n m 3 a) 3 3 C. - £ W m )a H S) > m a) -H H U W W W Coq W m PI >> :j 10 > to -H C H (d > >. :1 m >0 q U2 O W rl Or.C H3 r)a m P>,3 >,3 ?) mm ro 099 O H W JJ��?1 roa) malm NmN m Sa a) >, 11 m �� -r-10 ,0r fX Z W >1U U 1x FCa U U0 Xr-�Z • >2 P W +a mza - IZ EUU X�-I �-1 U m aHa W W 0 m 0 P1 FL ro PI X 1n a) t -H H Sa W U a) 0 a £ FC W W W tob4M CLHW (J 4u a) >,OW E-Ht r -H t) OMPI C m HH w bm9� >4 CQ 0Ga)= a) ai AV ro C U O ro G x A g rtC H mm == m� CC gHW3 q = Pm == E 0 -H s4E HaeH H 9 Sa r � = q M m m 0= _= O-H1 o= �= 0 O O S) W W m m 3 m - H 000 v) q C7 U M H H U >£ U g b q U W M a q W W U W M U H N N W y W FL H H H E+ v .� October 4, 1994 Eagle County Engineering Attn: Phill Scott P.O. Box 850 Eagle, CO 81631 t 3 J �i ail/ OC T t I�jU 0C l RE: Eby Creek Mesa Subdivision Phase I113 Partial Release of Collateral HCE Project No. 94026.02 On behalf of the Eagle River Land Company, we are requesting partial release of the collateral being held by the county for the completed construction. Based on our field observations and testing, we believe that the work as itemized in the pay request schedule has been completed in accordance with the intent of the county approved plans and specifications. Please contact me if you have any questions or need additional information. Sincerely, HIGH COUNTRY ENGINEERING, INC. / Yancy Zcho Project Manager YN /rjh cc: Lester Finkelstein 923 Cooper Avenue • Glenwood Springs, CO 81601 Telephone: 303. 945.8676 • FAX: 303-945-2555 Revised SIA (First Release) $665,034.60 Second Release 339,171.30 _ Revised SIA $325,863.30 ORIGINAL AMOUNT OF AMOUNT IMPROVEMENT 1994 PHASE IIB IMPROVEMENTS COLLATERALIZED COMPLETED Grading & Earthwork $ 78,500.00 $ 62,800.00 Class 6 ABC 102,410.00 3" Asphalt Pavement 90,625.00 18" ADS Culvert 4,400.00 18" CMP Culvert Flared Ends 1,100.00 Class I Ground Sign 1,200.00 Valve Box Adjustment 1,750.00 1,750.00 Manhole Adjustment 100.00 100.00 Connect New Water Main 575.00 575.00 8" D.I.P. 41,310.00 41,310.00 6" D.I.P. 14,066.00 14,066.00 8" Gate Valve 550.00 550.00 Connect New Water Main 575.00 575.00 Fire Hydrant Assembly 16,050.00 16,050.00 3/4" Copper Water Service 79,000.00 79,000.00 Lower Exist. Waterline 4,200.00 4,200.00 8 SDR35 San. Sewer 231,876.00 231,876.00 4' Dia. Manhole 56,000.00 52,500.00 4 Sanitary Sewer 79,000.00 79,000.00 Connect New Sewerline 575.00 575.00 4' Utility Trench 22,400.00 30 Utility Trench 4,320.00 Conduit & Warn. Tape 5,440.00 Transformer Vault 7,600.00 24" ADS Culvert 1,440.00 1,440.00 24" CMP Culvert Flared Ends 316.00 316.00 Remove Exist 24" Culvert 1,000.00 Sand Enclosure 500.00 Swing Set 1,500.00 Park Bench 1,500.00 Timber Landscape Structure 4,000.00 TOTAL $853,878.00 $586,683.00 Phase IIB Improvements Completed $586,683.00 10% Retainage 58,668.30 $528,014.70 First Release 188,843.40 Second Release $339,171.30 Revised SIA (First Release) $665,034.60 Second Release 339,171.30 _ Revised SIA $325,863.30 (30945-= FAX (303) 945.5948 im west (9h. Suite 200 Glenwood Spdngs, CO MGM October 4, 1994 Mr. Mike Pacas, President Eagle Sanitation District P.O. Box 637 Eagle, Co. $1632 RE: Eby Creek Subdivision, Phase 11 Dear Mike: The purpose of this letter is to recommend that the District accept the sewerlines installed for Eby Creek Subdivision Phase ii. Our office has inspected these fines including air testing of the sewedines, infiltration testing of the manholes and tamping the sewedine. The lines were acceptable with the exception of manholes number P3 and A19 which have failed the infiltration test. it is my understanding that the contractor is making corrective measures for these manholes. I understand the contractor will notify us when they are ready for retesting. for retesting. We would request that the engineer provide us an as -built copy of the drawings on AUTOCAD disk format so that we can incorporate them into the District's maps. If you have any questions or comments, please don't hesitate to call. Sincerely, SCHMUESER GORDON MEYER, INC. Louis Meyer, P.E. Kate Foster yancy Nichol, High Country Engineering = Lwjja9011010.2