HomeMy WebLinkAboutR94-175 substitution of collateral and first partial release for Cordillera #14Commissioner 6 2 f moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 94 - SUBSTITUTION of COLLATERAL AND FIRST PARTIAL RELEASE Filing 14 CORDILLERA SUBDIVISION WHEREAS, pursuant to C.R.S. 30 -28 -137, the Board of County Commissioners of the County of Eagle, State of Colorado ( "Board ") entered into a Subdivision Improvements Agreement dated May 27, 1994 ( "Agreement ") with Stag Gulch Partners, a Colorado General Partnership ( "Subdivider "), as a condition of final plat approval for Filing 14, Cordillera Subdivision; and WHEREAS, the Subdivider provided collateral in the form of a plat restriction to guarantee the faithful completion of the public improvements in the project; and WHEREAS, Paragraph 2.4 of the Agreement allows the Subdivider to provide Substitute Collateral in the form of a certain letter of credit all as described therein; and WHEREAS, Subdivider has represented and County Staff has concurred, that certain public improvements required under the Agreement have been partially completed (see the attached Exhibit " A " ) and therefore Subdivider has applied for the release of the plat note and first partial release of collateral; and WHEREAS, the Subdivider requests a first partial release of its collateral reducing the amount currently held by the County from $390,825.60 to $305,716.40 for a release of $85,109.20; and WHEREAS, based on the finding of the Department of Engineering, THE BOARD FINDS that the that public improvements associated with Cordillera, Filing 14 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 $305,716.40 in a form acceptable to the County Attorney. u7 551240 B -655 P -206 11/16/94 03:29P PG 1 OF 6 REC DOC Sara J. Fisher Eagle County Clerk & Recorder 0.00 T THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, the Board hereby releases the plat note for Filing 14. THAT, the Board hereby authorizes the partial release of collateral in the amount of $85,109.20, thereby reducing the collateral to $305,716.40 which represents the balance of the public improvements to be completed in Cordillera Filing 14, on the delivery to the County of a letter of credit in the amount of $305,716.40 in a form acceptable to the County Attorney. . THAT, this first 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 first 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. THAT, all other provisions of the Agreement shall remain in full force and effect. THAT, this resolution shall be recorded in the Records of the Eagle County Clerk and Recorder, which shall be evidence that the plat note for Filing 14, Cordillera Subdivision, is released. MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS o Chairman County Commissioners George/ Gates, Commissioner Commissioner seconded adoption of the foregoing resolut on. The roll having been called, the vote was as follows: Commissioner Johnnette Phillips Commissioner James E. Johnson, Jr. Commissioner George A. Gates Lz� This Resolution passed by co -0 vote of the Board of County Commissioners of the County of Eagle, State of Colorado. cord- 14.sub #87 -84 EAGLE COUNTY ENGINEERING TO: Nancy Lewis, Attorney's Office FROM: John Althoff, Engineering DATE: November 9, 1994 a� RE: Cordillera Filing 14 First Partial Release of Collateral On October 20, 1994 I visited the site with Chris Williams of Johnson, Kunkel & Associates to verify completion of the work in Filing #14. On November 7, 1994 I notified Chris Williams and Mark Avery that I needed compaction tests for road subgrade, asphalt, sewer, and shallow utilities. I received this information on Tuesday, November 8, 1994, at about 5:00 P.M. and results are good. Attached is our Collateral Release Summary. Please process the first partial release of $85,109.20 for Filing #14. EXHIBIT WATER CONSTRUCTION 7' Trench B & C $ 28,665.00 $ 7,166.25 COLLATERAL RELEASE SUMMARY 17,199.00 $ SIA: Cordillera Filing 14 8" Gate Valve $ 3,675.00 $ First Partial Release 8 CI Elbow $ 5,440.00 $ DATE: November 7, 1994 Hydrant Ass Y $ 9,000.00 $ 1,5 Water Services ORIGINAL. 1300 ,200. AMOUNT OF 1,650.00 Air Vac AMOUNT IMPROVEMENTS _0_ TOTAL WATER CONSTRUCTION COLLATERALIZED 79,979.00 COMPLETED ROAD CONSTRUCTION Mobilization $ 7,500.00 $ 1,875.00 Clear and Grub $ 3,500.00 $ 875.00 Topsoil Removal $ 6,363.00 $ 1,590.75 Unclassified Excavation $ 7,114.25 $ 1,778.56 Fine Grading $ 2,349.75 $ 587.44 Aggregate Base Course $ 17,858.50 $ 4,464.63 Asphalt $ 40,672.00 $ 10,168.00 Testing $ 5,000.00 $ 1,250.00 Street Signs $ 675.00 $ _0_ Place Topsoil $ 7,070.00 $ 1,767.50 Landsca in /Reve etation p g g $ 4,200.00 $ 1.050.00 TOTAL ROAD CONSTRUCTION $102,302.50 $ 25,406.88 WATER CONSTRUCTION 7' Trench B & C $ 28,665.00 $ 7,166.25 8" DIP $ 17,199.00 $ 4,299.75 8" Gate Valve $ 3,675.00 $ 2,100.00 8 CI Elbow $ 5,440.00 $ 1,600.00 Hydrant Ass Y $ 9,000.00 $ 1,5 Water Services $ 1300 ,200. $ 1,650.00 Air Vac $ 2,800.00 $ _0_ TOTAL WATER CONSTRUCTION $ 79,979.00 $ 18,316.00 SEWER CONSTRUCTION Trench 10' B & C $ 24,795.00 $ 6,198.75 8 PVC $ 17,955.00 $ 4,488.75 48" Manholes $ 12,000.00 $ 3,000.00 4" Service $ 18,750.00 $ 1,500.00 6 Service $ 1,000.00 $ 1,000.00 SEWER CONSTRUCTION $ 74,500.00 $ 16,187.50 DRAINAGE Rip Rap $ 210.00 18" Plastic Pipe $ 1,600.00 $ _0_ 18" CMP End Sections $ 600.00 -0 TOTAL DRAINAGE $ $ 2,410.00 $ _0_ ELECTRICAL 4' Trench $ 10,304.00 $ 3,091.20 4 Conduit $ 3,220.00 $ 966.00 Cable $ 30,912.00 $ 9,273.60 Transformers T $ 8,500.00 $ 3,400.00 Vault $ 1,500.00 $ 1,500.00 7' Vault $ 3,400.00 $ 3,400 00 TOTAL ELECTRICAL $ 57,836.00 $ 21,630.80 Cordillera Filing 14 First Partial Release November. 7, 1994 Page 2 NATURAL GAS 2 Gas Line $ 24,994.50 $ -0- TOTAL NATURAL GAS $ 24,994.50 $ -0- ENGINEERING, SURVEYING. TESTING $ 35,529.60 $ 8.882.40 TOTAL FILING 14 $390,825.60 $ 94,565.78 IMPROVEMENTS COMPLETED: $ 94,565.78 10% RETAINAGE $ 9,456.58 FIRST RELEASE $ 85,109.20 ORIGINAL SIA: $390,825.60 FIRST RELEASE: $ 85,109.20 REVISED SIA: $305,716.40 ORIGINAL AMOUNT OF AMOUNT IMPROVEMENTS COLLATERALIZED COMPLETED TELEPHONE AND TV 4 Conduit - Telephone $ 4,657.50 $ 1,397.25 Buried Telephone Cable $ 2,587.50 $ 776.25 Pedestals - Telephone $ 400.00 $ 200.00 4" Conduit -TV $ 2,614.50 $ 784.35 TV Cable $ 2,614.50 $ 784.35 Pedestals -TV $ 400.00 $ 200.00 TOTAL TELEPHONE AND TV $ 13,274.00 $ 4,142.20 NATURAL GAS 2 Gas Line $ 24,994.50 $ -0- TOTAL NATURAL GAS $ 24,994.50 $ -0- ENGINEERING, SURVEYING. TESTING $ 35,529.60 $ 8.882.40 TOTAL FILING 14 $390,825.60 $ 94,565.78 IMPROVEMENTS COMPLETED: $ 94,565.78 10% RETAINAGE $ 9,456.58 FIRST RELEASE $ 85,109.20 ORIGINAL SIA: $390,825.60 FIRST RELEASE: $ 85,109.20 REVISED SIA: $305,716.40