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Home My WebLink AboutR21-108 Final Release of Collateral 6 West PUD File No. PDF-7316 DocuSign Envelope ID:6E904CF6-CF81-4197-969C-B20B85200C24 2 Commissioner W Qvu.."--t il.M moved adoption Q N `oo of the following Resolution: N N o N o0 BOARD OF COUNTY COMMISSIONERS o COUNTY OF EAGLE,STATE OF COLORADO 0 l0$ RESOLUTION NO. 2021 - 0 RESOLUTION APPROVING FINAL RELEASE OF COLLATERAL o O o 0 En 0 as AND TERMINATION OF WARRANTY PERIOD FOR 6 WEST PUD cc cu o,w O LLI CL o File No. PDF -7316 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 March 1, 2018 (the "SIA") with 6 West Apartments LLC, a Colorado limited liability company (hereinafter " Subdivider") for 6 West Planned Unit Development("6 West") and a First Amendment to the SIA dated November 8, 2018; and WHEREAS, Subdivider provided collateral in the form of a letter of credit in the amount of$470,911.65, of which $251,960.40 represented 100% of the estimated cost of the Subdivision Improvements; $175,161.00 represented 100% of the estimated cost of the Landscape Improvements; and $43,790.25 represented the 25% contingency for the Landscape Improvements associated with 6 West; and WHEREAS, pursuant to Eagle County Consent No. 2019-04, the Board of County Commissioners ("Board") authorized a first partial release of collateral in the amount of $390,977.80, thereby reducing the required collateral to $79,933.85, which represented the SIA collateral retainage ($25,196.04) and Landscaping Plan collateral retainage ($54,737.81) to be held by the County for the warranty period under the SIA; and WHEREAS, pursuant to Consent No. 2019-04, the two-year warranty period under the SIA was commenced as of August 16, 2019, for the Subdivision Improvements and landscape improvements associated with 6 West; and, WHEREAS, Subdivider has represented to the County that the Subdivision Improvements and landscape required under the SIA have been completed and have survived the warranty period, and the Subdivider has applied for a final release of collateral; and WHEREAS, based upon the written recommendation of the County Engineer as set forth in Exhibit A attached hereto and incorporated herein, the work required under the SIA is complete, has survived the warranty period and is acceptable per the terms and conditions of the DocuSign Envelope ID:6E904CF6-CF81-4197-969C-B20B85200C24 SIA, and the Engineering Department recommends full release of the collateral and the termination of the SIA. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, based on the recommendation of the County Engineer and the County Attorney, the Board finds that the Subdivider' s obligations under the SIA have been satisfied and hereby authorizes the final release of the $79,933.85 being held by the County as collateral. THAT, this Resolution shall be recorded in the records of the Eagle County Clerk and Recorder, which shall be evidence that the warranty period for 6 West has been successfully completed and that the Subdivider's obligations under the SIA are complete. THE BOARD further finds, determines and declares that this Resolution is necessary for the health, safety and welfare of the inhabitants of the County of Eagle, State of Colorado. MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the ill(' day of 41°V • , 2021. 2 DocuSign Envelope ID:6E904CF6-CF81-4197-969C-B20B85200C24 COUNTY OF EAGLE, STATE OF COLORADO, by and Through Its BOARD OF COUNTY COMMISSIONERS ATTEST: ,—DocuSigned by: ,—DocuSigned by: let 'i,U) Ytrntu By: 11446 Sd. Clerk to tliNkeafftr486i40... Matt Schell-81E7B2D718E0473... County Commissioners County Commissioners Chair —DocuSigned by: Jeanne Mcci1GJ8AA47A Commissioner ,—DocuSigned by: • (kJ—L1C�V1.I N rEAGLE o c Gy., Kathy Chandf e IT3 Commissioner c°LORao°/ Commissioner eltr/ wc,DUL4-.- seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Scherr IL" Commissioner McQueeney Commissioner Chandler-Henry ‘a14 This resolution passed by ° J 6 vote of the Board of County Commissioners of the County of Eagle, State of Colorado 3 DocuSign Envelope ID:6E904CF6-CF81-4197-969C-B20B85200C24 EXHIBIT A ENGINEERING DEPARTMENT MEMORANDUM 4 DocuSign Envelope ID:6E904CF6-CF81-4197-969C-B20B85200C24 EXHIBIT A MEMORANDUM EAGLE COUNTY ENGINEERING TO: Beth Oliver, Eagle CountyDeputy County Attorney FROM: Rickie Davies, Engineering Department DATE: October 21,2021 RE:Subdivision Improvements Agreement,6 West PUD, Eagle County File No. PDF-7316-Authorization of Final Collateral Release The 2 year warranty period for the Subdivision and Off-Site Improvements for the 6 West PUD started on August 16, 2019 as stated in Exhibit A of Consent No. 2019-04. The original amount from the signed SIA was: Public Improvements $251,960.40 Landscape Improvements $175,161.00 Landscape 25%Contingency S43.790.25 Total Collateral Amount =$470,911.65 The first partial collateral release was approved on September 16, 2019 in the amount of$390,977.80. Total Collateral Amount $470,911.65 First Partial Collateral Release S390.977.80 Remaining Collateral Amount = $79,933.85 The remaining collateral amount of$79,933.85, is 10%of all public improvements and 25%of all landscaping improvements that shall be retained until the improvements have been maintained in a satisfactory condition for two(2)years, as stated in ECLUR Section 5-240.F.3.h. The amount,$79,933.85,was retained for 2 years from the date of inspection,August 16, 2019. The Eagle County Engineering Department performed an inspection confirming the work has passed the warranty period on August 25th, 2021. During that inspection, it was determined that four(4)trees were in unsatisfactory condition and in need of replacement. A follow up inspection was performed on October 20, 2021,to confirm that those 4 trees were replaced. The Eagle County Engineering Department recommends the release of the remaining collateral in the amount$79,933.85. # # # cc: Ben Gerdes,County Engineer Beth Oliver, Deputy County Attorney Attachment: Engineer's Opinion of Probable Construction Cost,Site Photos, Correspondence DocuSign Envelope ID:6E904CF6-CF81-4197-969C-B20B85200C24 EXHIBIT A Summary 6 West PUD of Collateral Release Total Public Improvement Collateral $ 251,960.40 10%of Collateral that must be held for 2 years $ 25,196.04 Total Landscape Improvement Estimate $ 175,161.00 25%of Total Landscape Improvement Estimate $ 43,790.25 Collateral (125%of Landscape Improvement Estimate) $ 218,951.25 25%of Collateral that must be held for 2 years $ 54,737.81 Collateral Amount to be held for 2 years (8/16/19) $ 79,933.85 Total Collateral Amount $ 470,911.65 First Partial Collateral Release (9/16/19) $ 390,977.80 Total Remaining Collateral after 1st Collateral Request $ 79,933.85 Final Collateral Release (10/21/21) $ 79,933.85 Total Remaining Collateral after Final Collateral Request $ - DocuSign Envelope ID:6E904CF6-CF81-4197-969C-B20B85200C24 EXHIBIT A JVA, Incorporated Job Name: 6 West Apartments dlij-Pqn 1319 Spruce Street Job Number:2509.1c Boulder, CO 80302 Date:12-05-2017 Ph: 303.444.1951 By: DAD CONSULTING ENGINEENS Fax: 303.444.1957 Phase: Final Plat-SIA Only Opinion of Probable Costs for 6 West Apartments Edwards, CO Quantity Units Unit Cost Total Pavements Asphalt Paving-Onsite Walk along Hwy 6(3"thick over 6 agg base) 2,300 SF $4.50 $10,350.00 Asphalt Paving-Offsite Walk to Hwy 6 Bus Stop(3"thick over 6 agg base) 3,800 SF $4.50 $17,100.00 Sidewalk(4"fiber reinforced, Hwy 6 along south side of Murray Road) 1,650 SF $5.00 $8,250.00 Pavements Subtotal $35,700.00 Utility-Water Fire Hydrant Lateral-6"DIP 125 LF $50.00 $6,250.00 Main Extension for Fire Hydrant-8"DIP 52 LF $52.00 $2,704.00 Gate Valve-6"w/Box 4 EA $600.00 $2,400.00 Gate Valve-8"w/Box 3 EA $800.00 $2,400.00 Fire Hydrant Assembly-6" 4 EA $4,000.00 $16,000.00 Tracer Wire 177 LF $0.20 $35.40 Tracer Wire Test Station 4 EA $100.00 $400.00 Utility-Water Subtotal $30,189.40 Utility-Storm Drainage System Storm Line-12"RCP 979 LF $31.00 $30,349.00 Storm Line- 15"RCP 314 LF $33.00 $10,362.00 Storm Line-6"PVC SDR 35 858 LF $35.00 $30,030.00 Storm Line-8" PVC SDR 35 432 LF $40.00 $17,280.00 FES- 12"Concrete 1 EA $700.00 $700.00 FES- 15"Concrete 2 EA $750.00 $1,500.00 Cleanout-Underdrain, Foundation Drain or Roof Drain 12 EA $700.00 $8,400.00 Manhole-4' (5'depth) 2 EA $3,000.00 $6,000.00 Inlet- 12"Area Drain(Nyloplast) 27 EA $750.00 $20,250.00 Inlet-3'Combination(3'depth) 14 EA $3,000.00 $42,000.00 12"Sidewalk Chase 39 LF $300.00 $11,700.00 Detention Pond Outlet-(Major&Minor Restrictions w/WQ 1 EA $7,500.00 $7,500.00 Utility-Storm Drainage System Subtotal $186,071.00 Landscaping Landscaping 1 LS $175,161.00 $175,161.00 Landscaping Subtotal $175,161.00 TOTAL $427,121.40 Engineer's opinions of probable Construction Cost provided for herein are to made on the basis of Engineer's experience and qualifications and represent Engineer's best judgment as an experienced and qualified professional generally familiar with the industry. However,since the Engineer has no control over the cost of labor,equipment,or services furnished by others,or over the Contractor's methods of determining prices,or over competitive bidding or market conditions,Engineer cannot and does not guarantee that proposals,bids,or actual Construction Cost will not vary from opinions of probable Construction Cost prepared by Engineer. Actual required quantities will vary from this estimate. Owner/Contractor to verify all required quantities and other estimate items,permits,fees,etc.not included above that may be specified in the Construction documents. If Owner wishes to greater assurance as to probable Construction Cost,Owner shall employ an independent cost estimator. 2509.1c 6 West OPC SIA 2017 11 29.xls DocuSign Envelope ID:6E904CF6-CF81-4197-969C-B20B85200C24 1-ayic vvU11y vvvct"t„c"L mole-...i uii vv E o meet I B I3? https://mail.google.com/mail/u/0/?ik=2e1d91e0e4&view=pt&searc... EAGLE COUNTY Richard Davies<richard.davies@eaglecounty.us> Still Good to meet at3pm? Richard Davies <richard.davies@eaglecounty.us> Thu,Aug 26, 2021 at 11:02 AM To: Brandt Marott<Brandt@m6affiliated.com> Brandt, Following up on our site visit yesterday to inspect the Subdivision Improvement Agreement items. Based on our walk through, there appears to be 4 trees on site that are dead and need to be replaced prior to release of the collateral for the Subdivision Improvement Agreement. Let me know when the new trees are installed and I can perform another site visit. It will not be necessary for you to be present for the next site visit. I will confirm that the new trees are installed and then release the collateral. Let me know if you have any questions. Thanks. [Quoted text hidden] https://mail.google.com/mail/u/0/?ik=2e 1 d91 e0e4&view=pt&search=all&permmsgid=msg-a%3Ar-4079709182546448266&simpl=msg-a%3Ar-4079709... 1/1 DocuSign Envelope ID:6E904CF6-CF81-4197-969C-B20B85200C24 “ay,...,.,,.,•-•,av ,,,,,,.,,.,.,u„-„�� I„ 6 west-https://mail.google.com/mail/u/0/?ik=2e1d91e0e4&view=pt&search=all&p... EXHIBIT A EAGLE COUNTY Richard Davies<richard.davies@eaglecounty.us> Aspen trees 6 west Brandt Marott<Brandt@m6affiliated.com> Wed, Oct 20, 2021 at 7:25 AM To: Rickie Davies <richard.davies@eaglecounty.us> Hi Rickie We installed the 4 trees-one off the main road next to building 6-the other between 8/9 walkway and 6/7 walkway Thanks Brandt Marott Direct: 970.331.3164 https://mail.google.com/mail/u/0/?ik=2e1 d91 e0e4&view=pt&search=all&permmsgid=msg-f%3A1714145280519018580&simpl=msg-f%3A1714145280... 1/1 DocuSign Envelope ID:6E904CF6-CF81-4197-969C-B20B85200C24 EXHIBIT A Site photos of the 4 replaced trees from October 20, 2021 site inspection. } II4 '� i ,;$,k le. ..• L y..y ly V :IiYs .. c i,,,.,: t.t ,. :,,,, '4f,4***1..' 1 , 'Ill i't/ .' '''''''-` " ' " 1 1..•;%`;" ' r !t I4, • _,f ' of 1. ,, • .\/ .. -','z•••4 1 - , rammilimarw - I - idi. i M. v ` l ' - , ., it 8. �'' t rr F - _¢ +M