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Home My WebLink AboutR22-046 Final Release of Collateral and Termination of Warranty Period for Frost Creek Filing 4 - Hunters View Lane File No. PDF-7635DocuSign Envelope ID: E7D77F8C-EC63-4D85-9AC8-F8235673D3AF Eagle County, CO Regina O'Brien Pgs: 10 REC: $0.00 DOC: $0.00 Chandler -Henry Commissioner moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO.2022 - 046 202210217 06/07/2022 04:09.05 PM RESOLUTION APPROVING FINAL RELEASE OF COLLATERAL AND TERMINATION OF WARRANTY PERIOD FOR FROST CREEK FILING 4, A RESUBDIVISION OF LOTS 81-96 AND TRACT D OF FROST CREEK AND SALT CREEK PUD, FILING NO. 1, FROST CREEK (also known as Hunters View Lane) File No. PDF -7635 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 October 23, 2018 (the "SIA") with BCP-ARR Houses & Lots, LLC, a Colorado limited liability company (hereinafter " Subdivider") for Frost Creek Filing 4, A Resubdivision of Lots 81-96 and Tract D of Frost Creek and Salt Creek PUD, Filing No. 1, Frost Creek (also known as Hunters View Lane) ("Hunters View Lane"); and WHEREAS, Subdivider provided collateral in the form of a letter of credit in the amount of $104,375.00, of which $101,250.00 represented 100% of the estimated cost of the Subdivision Improvements; $2,500.00 represented 100% of the estimated cost of the Landscape Improvements; and $625.00 represented the 25% contingency for the Landscape Improvements associated with Hunters View Lane; and WHEREAS, pursuant to Eagle County Consent No. 2020-04, the Board of County Commissioners ("Board") authorized a first partial release of collateral in the amount of $93,468.75, thereby reducing the required collateral to $10,906.25, which represented the SIA collateral retainage ($10,125.00) and Landscaping Plan collateral retainage ($781.25) to be held by the County for the warranty period under the SIA; and WHEREAS, pursuant to Consent No. 2020-04, the two-year warranty period under the SIA was commenced as of May 22, 202, for the Subdivision Improvements and landscape improvements associated with Hunters View Lane; 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 DocuSign Envelope ID: E7D77F8C-EC63-4D85-9AC8-F8235673D3AF 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 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 $10,906.25 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 Hunters View Lane 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. [Remainder of this page left intentionally blank] DocuSign Envelope ID: E7D77F8C-EC63-4D85-9AC8-F8235673D3AF MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the 7th day of June , 2022• w�oE 1E cOG�a y A,-oL� c� ooc 9oed by: Regina O'Brien Clerk to the Board of County Commissioners COUNTY OF EAGLE, STATE OF COLORADO, by and Through Its BOARD OF COUNTY COMMISSIONERS Dmuftned by: By: F Jeanne McQueeney, Chair DocuSignee�dby:II'' 161A AV—R Kathy CEO er-Henry County Commissioner EAD1oc7u ASignne'd'by.:'�^d l J lC� I Matt 73 Cfferr County Commissioner Commissioner Scherr seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner McQueeney Commissioner Chandler -Henry Commissioner Scherr This Resolution passed by 3/0 of Eagle, State of Colorado. Aye Aye Aye vote of the Board of County Commissioners of the County DocuSign Envelope ID: E7D77F8C-EC63-4D85-9AC8-F8235673D3AF EXHIBIT A MEMORANDUM EAGLE COUNTY ENGINEERING TO: Tracy Stowell, Eagle County Attorney's Office FROM: Rickie Davies, Engineering Department - DATE: May 25, 2022 ; l , RE: Subdivision Improvements Agreement, Hunters View Lane Eagle County File No. PDF-7635 - Authorization of Final Collateral Release The 2 year warranty period for the Subdivision and Off -Site Improvements for Frost Creek Filing 4, a Resubdivision of Lots 81-96 and Tract D of Frost Creek and Salt Creek PUD, Filing No. 1, Frost Creek (also known as Hunters View Lane) started on May 22, 2020 as stated in the attached Consent No. 2020-04. The original amount from the signed SIA was: Public Improvements $101,250.00 Landscape Improvements $2,500.00 Landscape 25% Contingency $625.00 Total Collateral Amount = $104,375.00 The first partial collateral release was approved on June 15, 2020 in the amount of $93,468.75. Total Collateral Amount $104,375.00 First Partial Collateral Release $93,468.75 Remaining Collateral Amount = $10,906.25 The remaining collateral amount of $10,906.25, is 10% of all public improvements and 25% of all landscaping improvements that was to 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, $10,906.25, was retained for 2 years from the date of inspection, May 22, 2020. The Eagle County Engineering Department performed an inspection confirming the work has passed the warranty period on May 23, 2020. The Eagle County Engineering Department recommends the release of the remaining collateral in the amount $10,906.25. cc: Ben Gerdes, County Engineer DocuSign Envelope ID: E7D77F8C-EC63-4D85-gAC8-F8235673D3AF EXHIBIT A Beth Oliver, Deputy County Attorney Tracy Stowell, Executive Legal Assistant Matt Shoulders, Facilities Manager, Frost Creek Dominic F. Mauriello, Mauriello Planning Group, LLC Attachments: Consent No. 2020-04, Engineer's Opinion of Probable Construction Cost, Summary of Collateral Release, Site Photos DocuSign Envelope ID: E7D77F8C-EC63-4D85-9AC8-F8235673D3AF EXHIBIT A BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO CONSENT NO.2020 - 04 AUTHORIZING FIRST PARTIAL RELEASE OF COLLATERAL FOR FROST CREEK FILING 4, A RESUBDIVISION OF LOTS 81-96 AND TRACT D OF FROST CREEK AND SALT CREEK PUD, FILING NO. 1, FROST CREEK (also known as Hunters View Lane) FILE NO. No. PDF-7635 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 September 18, 2018 (the "SIA") with BCP-ARR Houses & Lots, LLC, a Colorado limited liability company ("Subdivider") for the Frost Creek Filing 4, A Resubdivision Of Lots 81-96 And Tract D Of Frost Creek And Salt Creek Pud, Filing No. 1, Frost Creek ("Hunters View Lane"); and WHEREAS, Subdivider has represented to the County that certain Subdivision and Off -Site Improvements and Landscape Improvements required under the SIA have been completed and the Subdivider has applied for a first partial release of collateral; and WHEREAS, based upon the written recommendations of the County Engineer set forth in Exhibit A attached hereto and incorporated herein, and the recommendation of the County Attorney, THE COUNTY FINDS that certain subdivision improvements associated with the Hunters View Lane appear to be completed as of May 22, 2020 and a partial reduction in the collateral is warranted; and WHEREAS, pursuant to Resolution 95-35, the Chair of the Board of County Commissioners, or in her absence, the Chairman Pro Tern, has the authority to approve partial releases once the release has been recommended for approval by the County Attorney; and WHEREAS, based upon the recommendation of the County Engineer attached, hereto as Exhibit A, and the recommendation of the County Attorney, THE COUNTY FINDS that a partial release is warranted. NOW, THEREFORE, BE IT AUTHORIZED BY THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, based on the recommendation of the County Engineer and the County Attorney, the Chair of the Board authorizes this first partial release of collateral in the amount of $93,468.75, thereby reducing the required collateral to $10,906.25, which constitutes the required 10% of the Subdivision Improvements Collateral and 25% Landscape Improvements Collateral which is to be held for 2 years according to the recorded SIA; and DocuSign Envelope ID: E7D77F8C-EC63-4D85-9AC8-F8235673D3AF EXHIBIT A THAT, this partial release of collateral does not represent the County's acceptance of the work purportedly completed by the Subdivider; and THAT, this partial release of collateral does commence the warranty period under the SIA which commenced on May 22, 2020 and will expire on May 22, 2022; and THAT, this partial release of collateral shall not in any way abrogate the rights of the County in enforcing the Subdivider's performance of its outstanding obligations under the SIA; and THAT, this partial release is contingent upon the Subdivider substituting collateral in a form acceptable to the County Attorney. APPROVED by the Chair of the Board of County Commissioners of the County of Eagle, State of Colorado, pursuant to Eagle County Resolution 95-35, this 6/15/2020 COUNTY OF EAGLE, STATE OF COLORADO, by and Through Its CHAIR TO THE BOARD OF COUNTY COMMISSIONERS DocuSigned by: By: K 8" a9Henry, Chai EAGLE COUNTY ATTORNEY DocuSigned by: By: i� Br 7ReiTrew�4CCounty Attorney EAGLE COUNTY ENGINEER DocuSigned by: By: 6eA Gerd.i B M,449mmty Engineer DocuSign Envelope ID: E7D77F8C-EC63-4D85-9AC8-F8235673D3AF EXHIBIT JVA, Incorporated Job Name: Hunters View Lane 817 Colorado Ave, Suite 301 Job Number: 2476.15c Glenwood Springs, CO 81601 Date: 09/06/2018 Ph: 970.404.3100 By:YH/NGD x�,1�1tt4t11111111////j� ��\ DO R69/ Opinion of Probable Construction Costs `�0�0S+a •H9C 9�0 for t�% - vg HUNTERS VIEW LANE - PUBLIC IMPROVEMENTS 11. 37146 l FROST CREEK, EAGLE COUNTY, CO s ;;� 09/06/2W8 r„� Quantity Units Unit Cost Total General Sitework Clearing and Grubbing 0.5 AC $3,000.00 $1,500.00 Demo Existing Asphalt 800 SF $2.00 $1,600.00 Sawcut - Asphalt 400 LF $6.00 $2,400.00 Revegetation - Seeding 0.5 AC $5,000.00 $2,500.00 Traffic Control 1 LS $3,000.00 $3,000.00 Construction Surveying 1 LS $2,500.00 $2,500.00 Mobilization 1 LS $10,000.00 $10,000.00 General Sitework Subtotal $23,500.00 Pavements T-Patch - 5" Asphalt inc. 8" Road Base (CDOT Cl 6 800 SF $15.00 $12,000.00 Pavements Subtotal $12,000.00 Utility - Water 2" water service w/ curbstop - Domestic 12 EA $2,500.00 $30,000.00 1" water service w/ curbsto - Non -Potable 10 EA $1,200.00 $12,000.00 Utility - Water Subtotal $42,000.00 Utility - Gas, Telephone, Electric Gas Main/Service Trenching 230 LF $25.00 $5,750.00 Joint Shallow Utility Trenching 300 LF $25.00 $7,500.00 Install Supplied Electric 4" Conduit 300 LF $2.00 $600.00 Supply & Install 2" Conduit for Phone & CAN 100 LF $5.00 $500.00 Supply & Install Communication Handhole & Box 2 EA $1,200.00 $2,400.00 Supply & Install Junction Box - Lot Service 13 EA $500.00 $6,500.00 Utility - Gas, Telephone, Electric Subtotal $23,250.00 Erosion Control Erosion Control 1 LS $3,000.00 $3,000.00 Erosion Control Subtotal 1 $3 000.00 Subtotal $103,750.00 Additional Landscape Contingency (25% of Revegetation) $625.00 PROJECT TOTAL $104,375.00 Construction Schedule The anticipated schedule for construction is from 03/01/2019 to 05/30/2020. 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 DocuSign Envelope ID: E7D77F8C-EC63-4D85-9AC8-F8235673D3AF EXHIBIT A Hunters View Summary of Collateral Release Total Public Improvement Collateral $ 101,250.00 10% of Collateral that must be held for 2 years $ 10,125.00 Difference $ 91,125.00 Amount Released with 1st Collateral Release Request (5/22/20) $ 91,125.00 Remaining Collateral I $ 10,125.00 Total Landscape Improvement Estimate $ 2,500.00 Collateral (125% of Landscape Improvement Estimate) $ 3,125.00 25% of Collateral that must be held for 2 years $ 781.25 Amount Released with 1st Collateral Release Request (5/22/20) $ 2,343.75 Remaining Collateral 1 $ 781.25 Total Amount to be Released with 1st Collateral Release Request 1 $ 93,468.75 Total Remaining Collateral (Can be releases pending inspection 5/22/22) 1 $ 10,906.25 DocuSign Envelope ID: E7D77F8C-EC63-4D85-9AC8-F8235673D3AF EXHIBIT A INSPECTION PHOTOS TAKEN 5/23/2022 Ad ism .� 9 .w...a.. .. . •girt -� - -