HomeMy WebLinkAbout3.0 Correspondence & SIA ReleaseJOHN A. THULSON
EDWARD MULHALL. JR.
SCOTT BALCOMB
LAWRENCE R. GREEN
TIMOTHY A. THULSON
LORI J. M. SATTERFIELD
DAVID SANDOVAL
CHRISTOPHER L. GEIGER
ANNE MARIE CALLAHAN
BALCOMB & GREEN, P.C.
ATTORNEYS AT LAW
P. 0. DRAWER 790
818 COLORADO AVENUE
GLENWOOD SPRINGS, COLORADO 81602
VIA HAND DELIVERY TO:
Telephone: 970.945.6546
Facsimile: 970.945.9769
July 13. 2001
Mark Bean, Planning Director
Garfield County Building and Planning Department
109 8h Street, Suite 303
Glenwood Springs, CO 81601
Re: Coryell Ranch and Midland Point Subdivisions
Dear Mark:
RECEIVED JUL 1 3 2001
OF COUNSEL:
KENNETH BALCOMB
We are pleased to advise you that Coryell Ranch Company, LLC has now completed all of
the subdivision improvements associated with Coryell Ranch and Midland Point Subdivisions. As
a result, I have prepared and enclosed herewith two Acknowledgments of Final Satisfaction of
Subdivision Improvements Agreement.
In support of this Final Satisfaction you will find enclosed an original and copy of a
certificate from David M. Kotz, P.E., Schmueser Gordon Meyer, certifying that all of the subdivision
improvements have been completed in substantial compliance with the engineered plans,
specifications and the requirements of the Subdivision Improvements Agreement. The engineering
certification therefore request that the County authorize the release of $100,000.00 from the
outstanding letter of credit which will reduce the balance of the letter of credit to $0.00.
In the past, Coryell Ranch Company's requests for acknowledgments of Partial Satisfaction
of Subdivision Improvements have been presented to and approved by the Board administratively
without attendance at a Board meeting by anyone on behalf of Coryell Ranch Company. We would
like the enclosed request to be presented to the Board at the first opportunity, hopefully at their
meeting on July 23, 2001. Given that this is a request for a certification of final completion, we
would be happy to appear before the Board in support of this request if you believe it is appropriate.
BALCOMB & GREEN, P.C.
ATTORNEYS AT LAW
Mark Bean, Planning Director
July 13, 2001
Page 2
Please let me know when this matter will be scheduled before the Board and whether or not
I should plan on attending.
LRG/bc
Encls.
xc: Donald L. Parris (w/out encls.)
Dave Kotz (w/out encls.)
Very truly yours,
BALCOMB & GREEN, P.C.
Lawrence R. Green
ACKNOWLEDGMENT OF FINAL SATISFACTION
OF SUBDIVISION IMPROVEMENTS AGREEMENT
KNOW ALL MEN BY THESE PRESENTS, that:
WHEREAS, Coryell Ranch Company, LLC, a Colorado limited liability company, entered
into a Subdivision Improvements Agreement with the Board of County Commissioners of Garfield
County, Colorado (the "Board), dated January 10, 2000 and recorded January 18, 2000 in Book
1169, Page 325, as Reception No. 558139 of the Garfield County records for the improvement of
Coryell Ranch and Midland Point Subdivisions; and
WHEREAS, in accordance with the provisions of the Subdivision Improvements Agreement,
Coryell Ranch Company posted an irrevocable standby letter of credit issued by Mesa National
Bank, Glenwood Springs, Colorado, in the amount of $4,511,200.00; and
WHEREAS, in accordance with that certain Acknowledgment of Partial Satisfaction of
Subdivision Improvements Agreement and Approval of Substitution of Letter of Credit approved
by the Board on May 1, 2000 and recorded in the records of Garfield County on May 2, 2000 as
Reception No. 562931 in Book 1185, Page 444 the balance of the aforesaid letter of credit was
reduced to $2,187,551.00 and Coryell Ranch Company has posted a new standby irrevocable letter
of credit issued by Alpine Bank in the amount of $2,187,551.00 to replace the Mesa National Bank
letter of credit which was returned and discharged upon deposit of the Alpine Bank letter of credit;
and
WHEREAS, Coryell Ranch Company has presented a certification from Schmueser Gordon
Meyer dated July 13, 2001 certifying that Coryell Ranch Company has substantially completed all
subdivision improvements associated with Coryell Ranch and Midland Point as required by the
Subdivision Improvements Agreement. Schmueser Gordon Meyer has therefore requested that based
upon said certification the amount of the aforesaid letter of credit be reduced by $100,000.00 which
is the amount remaining on the letter of credit.
NOW, THEREFORE, at the request of Coryell Ranch Company, and in consideration of the
premises and prior agreements, the Board hereby acknowledges the final and complete satisfaction
of the Subdivision Improvements Agreement entered into by Coryell Ranch Company and the Board
for Coryell Ranch and Midland Point Subdivisions, and hereby authorizes the release of the security
from the above identified Alpine Bank letter of credit in the amount of $100,000.00 thereby reducing
the balance of said letter of credit to zero and constituting a full and final release of said letter of
credit.
The parties further agree that this Acknowledgment of Final Satisfaction of Subdivision
Improvements Agreement shall be recorded in the records of Garfield County, Colorado, and such
recording shall constitute notice that Coryell Ranch Company has fully and finally satisfied all of
the terms, conditions and requirements of the Owner contained in the aforesaid Subdivision
Improvements Agreement for Coryell Ranch and Midland Point Subdivisions.
STATE OF COLORADO
) ss
COUNTY OF GARFIELD
BOARD OF COUNTY COMMISSIONERS
OF GARFIELD COUNTY
By:
John Martin, Chairman
The above and foregoing document was acknowledged before me this day of
July, 2001 by John Martin, as Chairman of the Board of County Commissioners of Garfield County,
Colorado.
Witness my hand and official seal.
Mildred Alsdorf, Garfield County Clerk
My commission expires:
My address is:
c.\wp-docs\LGAG\Coryell\Documents\ .7-13-01
Acknowledgment of Final Satisfaction of Subdivision Improvements Agreement
Coryell Ranch Company LLC/Board of County Commissioners Page 2
t) , SCHMUESER j GORDON I MEYER
ENGINEERS & SURVEYORS
July 13, 2001
Mr. Mark Bean, Director
Garfield County Building and Planning Dept.
109 Eighth Street, Suite 303
Glenwood Springs CO 81601
RE: Coryell Ranch and Midland Point
Final Letter of Credit Reduction
Dear Mark:
GLENW000 SPRINGS ASPEN
118 w. 6TH, SUITE 200 P.O. BOX 2155
GLENWOOD SPRINGS, CO 81601 ASPEN, CO 8161 2
970-945- 1004 970-925-6727
Fx: 970-945-5948 FX: 970-925-4157
On behalf of Coryell Ranch Company, LLC, Schmueser Gordon Meyer is requesting final
release of security as outlined in Section 3. SECURITY FOR IMPROVEMENTS of the
Subdivision Improvements Agreement. All of the items contemplated in the SIA cost estimate
have been completed. The amount of reduction requested is $ 100,000, which reduces the
Letter of Credit to zero.
Throughout the construction process, Schmueser Gordon Meyer has conducted periodic site
visits to observe construction practices and has participated in construction meetings with the
contractor and owner's representatives. We have concluded that contractors' work has been
performed in substantial compliance with the engineered plans, specifications, and the
requirements of the Subdivision Improvements Agreement.
Please contact me if you have any questions, comments or require additional clarification of
this request.
Sincerely,
SCHMUESER GORDON MEYER, INC.
David M. Kotz, P.E.
DMK:Iec/98081 D10.FP
Enclosures
•1
MNB Downtown
131 Nu. 6th Sims
Grin id Juncuwl. CO 81501
Moor: 97U-212.5211
• •
B
Mesa National Banks
IRREVOCABLE STANDBY LETTER OF CREDIT
Letter of Credit Nu. 25
Date: January 18, 2000
Board of County Commissioners of Garfield County, Colorado
109 8th St., Suite 300
Glenwood Springs, CO 81601
Dear Board of Commissioners:
We hereby open in your favor, at the request and for the account of Coryell Ranch Company,
LLC, our Irrevocable Standby Letter of Credit in an amount not to exceed Four Million Five
Hundred Eleven Thousand Two Hundred and No/100 United States Dollars (US $4,511,200.00)
available by your draft drawn at sight on us and accompanied by:
1. An original, signed written statement stating as follows:
"The amount of this draft represents an amount now due and owing to the Board of
Commissioners of Garfield County, Colorado (the "Board") pursuant to the Subdivision
Improvements Agreement between the Board and Coryell Ranch Company, LLC, dated
January 10, 2000 (the "Subdivision Improvements Agreement").The funds obtained by
this drawing will be used only for payment for labor to be performed on, or materials
supplied and to be incorporated into, public improvements to be constructed pursuant to
the Subdivision Improvements Agreement. The person who has signed this statement is
duly authorized by the Board to do so."
2. This original Letter of Credit.
Drafts may be presented from time to time prior to the date of expiration of this Letter of Credit,
but we shall not be obligated to honor any draft which (i) does not conform with the requirements
of this Letter of Credit, or (ii) is for an amount greater than the amount which remains available
to be drawn under this Letter of Credit. The aggregate amount available to be drawn under this
Letter of Credit (initially $4,511.200.00 as stated above) shall be reduced from time to time as
portions of the public improvements which are the subject of the Subdivision Improvements
Agreement are accepted by the Board. The amount of each such reduction shall be the amount
stated in a Release of Security, duly executed by a member of the Board. We may endorse such
reductions on our copy of this Letter of Credit from time to time, and absent manifest error, our
records shall be conclusive as to the amount which remains available to be drawn.
Each Draft must bear on its face the notation "Draw under Irrevocable Standby Letter of Credit
No. 25."
This letter of credit shall expire on December 10, 2001.
MNB Patterson
1199 Patterson Road
Grand Junction. CO 81501
Phone: 970-241-2011
MNB Mortgage
1 199 Pallcrwn Road
Grind Jurleliu u. CO 81581
Prune: 970-241.2011
MNB Orchard Mesa
2697 U.S. Highway 50
Grad 1wsoun. CO 81503
Plrwre: 970.241.4848
MNB Clit'tuu
569 32 Road
Grand Jwwliu i. CO 81504
Mum: 970.434-9636
Ln v. .nn 174 Intl
MNB Rifle
429 Ruilru:d Avcu
Rink. CO 81650
1110110: 970-625.2895
MNB Glenwood Springs
1810 Grand Av,IwC
Glenwood Slxrng>. CO 81601
Phone: 9711445.8511
FAY UII1.WS.1(S17
MNB Telluride
109 W. CoIur:wlu Avenue
Telluride. CO 81435
Mom: 970.728.8060
FAY a7n.7711.1 ar
• •
Mesu National Bank
irrevocable Standby Letter of Credit No. 25
Board of County Commissioners of Garfield County, Colorado, Beneficiary
Coryell Ranch Company, LLC, Applicant
Page 2
We hereby agree to honor Drafts drawn under and in compliance with the terms of this Letter of
Credit if duly presented at our offices at 1810 Grand Avenue, Glenwood Springs, Colorado on or
before 5:00 o'clock P.M. local time on the expiration date.
This Letter of Credit sets forth in full the terms of our undertaking, and such undertaking shall not
in any way be modified, amended, amplified or limited by any document, instrument or
agreement referred to herein or in which this Letter of credit is referred to, or to which this Letter
of Credit relates, and no such reference shall be deemed to incorporate herein by reference any
such documents, instrument or agreement.
This Letter of Credit shall be governed by and construed in accordance with the laws of the State
of Colorado.
Respectf
i
rf
elznt.e
Assistant Vice President
Mesa National Bank
ACKNOWLEDGMENT OF PARTIAL SATISFACTION
OF SUBDIVISION IMPROVEMENTS AGREEMENT
KNOW ALL MEN BY THESE PRESENTS, that:
WHEREAS, Coryell Ranch Company, LLC, a Colorado limited liability company, entered
into a Subdivision Improvements Agreement with the Board of County Commissioners of Garfield
County, Colorado (the "Board), dated January 10, 2000 and recorded January 18, 2000 in Book
1169, Page 325, as Reception No. 558139 of the Garfield County records for the improvement of
Coryell Ranch and Midland Point Subdivisions; and
WHEREAS, in accordance with the provisions of the Subdivision Improvements Agreement,
Coryell Ranch Company posted an irrevocable standby letter of credit issued by Mesa National
Bank, Glenwood Springs, Colorado, in the amount of $4,511,200.00; and
WHEREAS, in accordance with that certain Acknowledgment of Partial Satisfaction of
Subdivision Improvements Agreement and Approval of Substitution of Letter of Credit approved
by the Board on May 1, 2000 and recorded in the records of Garfield County on May 2, 2000 as
Reception No. 562931 in Book 1185, Page 444 the balance of the aforesaid letter of credit was
reduced to $2,187,551.00 and Coryell Ranch Company has posted a new standby irrevocable letter
of credit issued by Alpine Bank in the amount of $2,187,551.00 to replace the Mesa National Bank
letter of credit which was returned and discharged upon deposit of the Alpine Bank letter of credit;
and
WHEREAS, Coryell Ranch Company has presented a certification from Schmueser Gordon
Meyer dated February 7, 2001 certifying that Coryell Ranch Company has completed subdivision
improvements associated with Coryell Ranch and Midland Point having an actual cost of
construction of $106,110.00, and requesting that based upon said certification the amount of the
aforesaid letter of credit be reduced by $106,110.00 which is the cost of the work completed as
detailed in said certification.
NOW, THEREFORE, at the request of Coryell Ranch Company, and in consideration of the
premises and prior agreements, the Board hereby acknowledges the partial satisfaction of the
Subdivision Improvements Agreement entered into by Coryell Ranch Company and the Board for
Coryell Ranch and Midland Point Subdivisions, and hereby authorizes the release of the security
from the above identified Alpine Bank letter of credit in the total amount of $106,110.00 which will
result in a remaining balance of said letter of credit in the amount of $100,000.00.
BOARD OF COUNTY COMMISSIONERS
OF GARFIELD COUNTY
By:
John Martin, Chairman
STATE OF COLORADO )
) ss
COUNTY OF GARFIELD )
The above and foregoing document was acknowledged before me this day of
June, 2001 by John Martin, as Chairman of the Board of County Commissioners of Garfield County,
Colorado.
Witness my hand and official seal.
Mildred Alsdorf, Garfield County Clerk
My commission expires:
My address is:
c:\wp-docs\LG\AG\Coiyell\Documcros\ _ .6.15.01
Acknowledgment of Partial Satisfaction of Subdivision Improvements Agreement
Coryell Ranch Company LLC/Board of County Commissioners Page 2
6 SCHMUESER GORDON MEYER
ENGINEERS & SURVEYORS
February 7, 2001
Mr. Mark Bean, Director
Garfield County Building and Planning Dept.
109 Eighth Street, Suite 303
Glenwood Springs CO 81601
RE: Coryell Ranch and Midland Point
Tenth Letter of Credit Reduction
Dear Mark:
GLENWOOD SPRINGS ASPEN
I 18 W. 6TH, SUITE 200 P.O. BOX 2155
GLENWOOD SPRINGS. CO 81601 ASPEN. CO 8161 2
970-945- 1004 970-925-6727
EX: 970-945-5948 FX: 970-925-4157
On behalf of Coryell Ranch Company, LLC, Schmueser Gordon Meyer is requesting a partial
release of security as outlined in Section 3. SECURITY FOR IMPROVEMENTS, b. Partial
Releases of Security. The amount of reduction requested is $106,110, which reduces the
Letter of Credit to $100,000.
The project is substantially complete. Major punch list items consist of completion of the
irrigation pump station and Stonefly drainage outlet. The $100,000 retainage figure is more
than sufficient to cover that work and any other outstanding work shown on the SIA Cost
Estimate.
Throughout the construction process, Schmueser Gordon Meyer has conducted periodic site
visits to observe construction practices and has participated in construction meetings with the
contractor and owner's representatives. We have concluded that contractors' work has been
performed in substantial compliance with the engineered plans, specifications, and the
requirements of the Subdivision Improvements Agreement.
The following table summarizes the status of Letter of Credit:
Original Letter of Credit Amount
$4,511,200
Gould Construction Pay Application No. 1
$405,106
Gould Construction Pay Application No. 2
$345,852
First Reduction Request
- $ 750,958
Gould Construction Pay Application No. 3
$184,708
Second Reduction Request
- $ 184,708
Roaring Fork Aggregate Invoices 1002 & 1017
$193,533
February 7, 2001
Mr. Mark Bean
Page 2
Third Reduction Request
- $ 193,533
Gould Construction Pay Application No. 4
5641,643
Fourth Reduction Request
- $ 641,643
Gould Construction Pay Application No. 5
$552,807
Fifth Reduction Request
- $ 552,807
Gould Construction Pay Application No. 6
$593,027
Sixth Reduction Request
- $ 593,027
US West, KN Energy & Public Service Contracts
$590,119
Seventh Reduction Request
-5590,119
Gould Construction Pay Application No. 7
$510,454
Eighth Reduction Request
-$510,454
Gould Construction Pay Application No. 8
(Partial to reduce Letter of Credit to 5% of contract)
5287,841
Ninth Reduction Request
-$287,841
Work Completed by Gould Construction, Welch
Excavating and Owner.
5106,110
Tenth Reduction Request
-S 106,110
Letter of Credit Remaining Amount
$100,000
Please contact me if you have any questions, comments or require additional clarification of
this request.
Sincerely,
SCHMSlESER GORDON MEYER, INC.
David M. Kotz, P.E.
DMK:Iec/98081 D10.p10
Enclosures
JOHN A. THULSON
EDWARD MULHALL. JR.
SCOTTBALCOMB
LAWRENCE R. GREEN
TIMOTHY A. THULSON
LORI J. M. SATIERFIELD
EDWARD B. OLSZEWSKI
DAVID SANDOVAL
DENDY M. HEISEL
BALCOMB & GREEN,
ATTORNEYS AT LAW
RECEIVED AUG 2 3 2000
P.C.
P. 0. DRAWER 790
818 COLORADO AVENUE
GLENWOOD SPRINGS, COLORADO 81602
VIA HAND DELIVERY TO:
Telephone: 970.945.6546
Facsimile: 970.945.9769
August 23, 2000
Mark Bean, Director
Garfield County Building and Planning Department
109 8'h Street, Suite 303
Glenwood Springs, CO 81601
Re: Coryell Ranch and Midland Point Subdivisions
Dear Mark:
OF COUNSEL:
KENNETH BALCOMB
Coryell Ranch Company, LLC has now completed an additional portion of the subdivision
improvements associated with the Coryell Ranch and Midland Point Subdivisions. Coryell Ranch
Company would therefore like to obtain a partial release of its security for completion of subdivision
improvements, as provided in the Subdivision Improvements Agreement between Coryell Ranch
Company and the County.
We have enclosed for your consideration duplicate original letters from David M. Kotz, P.E.,
with Schmueser Gordon Meyer, certifying that work in the total amount of $287,841.00 has been
completed since the last reduction by Coryell Ranch Company. We have also prepared and enclose
herewith duplicate originals of an Acknowledgment of Partial Satisfaction of Subdivision
Improvements Agreement which will authorize the release of the amount of $287,841.00 from the
letter of credit previously posted by Coryell Ranch Company. The enclosed Acknowledgment forms
recite that the original Mesa National Bank letter of credit has been replaced by an Alpine Bank letter
of credit as approved by the Board on May 1, 2000.
We would greatly appreciate it if at your first opportunity you would present the
Acknowledgment of Partial Satisfaction of Subdivision Improvements Agreement forms to the
Board for the Chairman's signature, deliver one original to Mildred Alsdorf for recording, and the
other original to my office, so that we can arrange for the appropriate release from the letter of credit.
This is the same procedure that we utilized for the previous partial release of the Coryell Ranch letter
of credit.
BALCOMB & GREEN, P.C.
ATTORNEYS AT LAW
Mark Bean, Director
August 23, 2000
Page 2
Thank you very much for your attention to this matter. As always, please contact me if you
have any questions or concerns.
Very truly yours,
BALCOMB & GREEN, P.C.
LRG/bc
Encls
xc: Donald L. Parris (w/encls.)
Lawrence R. Green
JOHN A. THULSON
EDWARD MULHALL. JR.
SCOTT BALCOMB
LAWRENCE R. GREEN
TIMOTHY A. THULSON
LORI J. M. SATTERFIELD
EDWARD B. OLSZEWSKI
DAVID SANDOVAL
DENDY M. HEISEL
BALCOMB & GREEN, P.G. RECEIVED
ATTORNEYS AT LAW
P. 0. DRAWER 790
818 COLORADO AVENUE
GLENWOOD SPRINGS, COLORADO 81602
VIA HAND DELIVERY TO:
Telephone: 970.945.6546
Facsimile: 970.945.9769
June 14, 2000
Mark Bean, Director
Garfield County Building and Planning Department
109 8th Street, Suite 303
Glenwood Springs, CO 81601
Re: Coryell Ranch and Midland Point Subdivisions
Dear Mark:
JUN 1 4 2O110
OF COUNSEL:
KENNETH BALCOME3
Coryell Ranch Company, LLC has now completed an additional portion of the subdivision
improvements associated with the Coryell Ranch and Midland Point Subdivisions. Coryell Ranch
Company would therefore like to obtain apartial release of its security for completion of subdivision
improvements, as provided in the Subdivision Improvements Agreement between Coryell Ranch
Company and the County.
We have enclosed for your consideration duplicate original letters from David M. Kotz, P.E.,
with Schmueser Gordon Meyer, certifying that work in the total amount of $510,454.00 has been
completed since the last reduction by Coryell Ranch Company. We have also prepared and enclose
herewith duplicate originals of an Acknowledgment of Partial Satisfaction of Subdivision
Improvements Agreement which will authorize the release of the amount of $510,454.00 from the
letter of credit previously posted by Coryell Ranch Company. The enclosed Acknowledgment forms
recite that the original Mesa National Bank letter of credit has been replaced by an Alpine Bank letter
of credit as approved by the Board on May 1, 2000.
We would greatly appreciate it if at your first opportunity you would present the
Acknowledgment of Partial Satisfaction of Subdivision Improvements Agreement forms to the
Board for the Chairman's signature, deliver one original to Mildred Alsdorf for recording, and the
other original to my office, so that we can arrange for the appropriate release from the letter of credit.
This is the same procedure that we utilized for the previous partial release Coryell Ranch for
subdivision improvements.
BALCOMB & GREEN, P.C.
ATTORNEYS AT LAW
Mark Bean, Director
June 14, 2000
Page 2
Thank you very much for your attention to this matter. As always, please contact me if you
have any questions or concerns.
Very truly yours,
BALCOMB & GREEN, P.C.
Lawrence R. reen
LRG/bc
Encls
xc: Ian Hause/Donald L. Parris (w/encls.)
Bruce Robinson (w/encls.)
ACKNOWLEDGMENT OF PARTIAL SATISFACTION
OF SUBDIVISION IMPROVEMENTS AGREEMENT
KNOW ALL MEN BY THESE PRESENTS, that:
WHEREAS, Coryell Ranch Company, LLC, a Colorado limited liability company, entered
into a Subdivision Improvements Agreement with the Board of County Commissioners of Garfield
County, Colorado (the "Board), dated January 10, 2000 and recorded January 18, 2000 in Book
1169, Page 325, as Reception No. 558139 of the Garfield County records for the improvement of
Coryell Ranch and Midland Point Subdivisions; and
WHEREAS, in accordance with the provisions of the Subdivision Improvements Agreement,
Coryell Ranch Company posted an irrevocable standby letter of credit issued by Mesa National
Bank, Glenwood Springs, Colorado, in the amount of $4,511,200.00; and
WHEREAS, in accordance with that certain Acknowledgment of Partial Satisfaction of
Subdivision Improvements Agreement and Approval of Substitution of Letter of Credit approved
by the Board on May 1, 2000 and recorded in the records of Garfield County on May 2, 2000 as
Reception No. 562931 in Book 1185, Page 444 the balance of the aforesaid letter of credit was
reduced to $2,187,551.00 and Coryell Ranch Company has posted a new standby irrevocable letter
of credit issued by Alpine Bank in the amount of $2,187,551.00 to replace the Mesa National Bank
letter of credit which was returned and discharged upon deposit of the Alpine Bank letter of credit;
and
WHEREAS, Coryell Ranch Company has presented a certification from Schmueser Gordon
Meyer dated June 12, 2000 certifying that Coryell Ranch Company has completed subdivision
improvements associated with Coryell Ranch and Midland Point having an actual cost of
construction of $510,454.00, and requesting that based upon said certification the amount of the
aforesaid letter of credit be reduced by $510,454.00 which is the cost of the work completed as
detailed in said certification.
NOW, THEREFORE, at the request of Coryell Ranch Company, and in consideration of the
premises and prior agreements, the Board hereby acknowledges the partial satisfaction of the
Subdivision Improvements Agreement entered into by Coryell Ranch Company and the Board for
Coryell Ranch and Midland Point Subdivisions, and hereby authorizes the release of the security
from the above identified Alpine Bank letter of credit in the total amount of $510,454.00 which will
result in a remaining balance of said letter of credit in the amount of $493,951.00.
BOARD OF COUNTY COMMISSIONERS
OF GARFIELD COUNTY
By:
John Martin, Chairman
STATE OF COLORADO
) ss
COUNTY OF GARFIELD
The above and foregoing document was acknowledged before me this day of
, 2000 by John Martin, as Chairman of the Board of County Commissioners
of Garfield County, Colorado.
Witness my hand and official seal.
Mildred Alsdorf, Garfield County Clerk
My commission expires:
My address is:
c \wp-docs\LGWG\Coryell\Documents\ _6-14-00
Acknowledgment of Partial Satisfaction of Subdivision Improvements Agreement
Coryel! Ranch Company LLC/Board of County Commissioners Page 2
(970) 945-1004
FAX (970) 945-5948 GORDON MEYER Glenwood Springs, CO 81601
SCHMUESER
SGM
ENGINEERS
SURVEYORS
118 West 6th, Suite 200
June 12, 2000
Mr. Mark Bean, Director
Garfield County Building and Planning Dept.
109 Eighth Street, Suite 303
Glenwood Springs CO 81601
RE: Coryell Ranch and Midland Point
Eighth Letter of Credit Reduction
Dear Mark:
On behalf of Coryell Ranch Company, LLC, Schmueser Gordon Meyer is requesting a partial
release of security as outlined in Section 3. SECURITY FOR IMPROVEMENTS. b. Partial
Releases of Security. The amount of reduction requested is $510,454, which corresponds to
Gould Construction's Pay Application No. 7 dated 06/02/00. A copy of their Pay Application
is attached.
Throughout the construction process, Schmueser Gordon Meyer has conducted periodic site
visits to observe construction practices and has participated in weekly construction meetings
with the contractor and owner's representatives. We have concluded that the total amount
requested in Gould Construction's Pay Application No. 7 ($510,454) is representative of the
work preformed and that work has been performed in substantial compliance with the
engineered plans, specifications, and the requirements of the Subdivision Improvements
Agreement. Project retainage to date totals $206,1 10, an amount equivalent to five percent
of the total project cost. No additional retainage will be withheld in the future. The table on
next page summarizes the status of Letter of Credit and will be modified in future release
requests.
June 12, 2000
Mr. Mark Bean
Page 2
Original Letter of Credit Amount
$4,511,200
Gould Construction Pay Application No. 1
$405,106
Gould Construction Pay Appiication No. 2
$345,852
First Reduction Request
- $ 750,958
Gould Construction Pay Application No. 3
$184,708
Second Reduction Request
- $ 184,708
Roaring Fork Aggregate Invoices 1002 & 1017
$193,533
Third Reduction Request
- $ 193,533
Gould Construction Pay Application No. 4
$641,643
Fourth Reduction Request
- $ 641,643
Gould Construction Pay Application No. 5
$552,807
Fifth Reduction Request
- $ 552,807
Gould Construction Pay Application No. 6
$593,027
Sixth Reduction Request
- $ 593,027
US West, KN Energy & Public Service Contracts
$590,119
Seventh Reduction Request
-$590,119
Gould Construction Pay Application No. 7
$510,454
Eighth Reduction Request
-$510,454
Letter of Credit Remaining Amount
$493,951
Please contact me if you have any questions, comments or require additional clarification of thi s
request.
Sincerely,
SCHMUESER GORDON MEYER, INC.
h/
David M. Kotz, P.E.
DMK:I08081 D1 0.pr7
Enclosures
SCHMUESER GORDON MEYER, INC
jun -09'-00 11:26A Aspen Glen Development
vo u ,uu lu:lu rAs 0/U b-lJ 6:371 (COULD CONST
Coryell Ranch Development
May Schedule of Values
Gould Construction, Inc.
08/02/200D
(970) 704-0939
P_02
®002
Description
029 Bike Pam
032 Curbing
Total
Quantitiy
Quantity
this Month
Units
Unit Price
Concrete Aprons
Curb and Gutter
1,960.0
086 Roadside Irrigation
irrigation Pump Station,
6" Irrigation Piping
4" lrri ation Piping
4" valves and fittings
087 Irrigation Ditches
Diversion Structures
04
17
Concrete Head Walls
Rip Rep
7619.0
sf
eIf
55.00
Total
Completed
Previously
Complete
this Month
Percent
complete
$83,573
513.00
59.800
528,875.00[ 54(,025.00 91%
59,800.00 50.00 100%
599,047
1.0
180.0
ea
3,555.0
8.0
If
If
545,000.00
518.00
545.000
53,240
599,047.00 50.00 100%,
$0.00 $0.00 0%
50.00 0%
50.00
ea
518.00
5200.00
$56.880
51,600
8.0'
2.0
220.0
ea
ea
82.0 cy
52,200.00
54.100.00
Drainage Ditch
9,050.0
If
$20.00
55.00
517,600
58,200
54,400
$45,250
50.00 50.00 0%
50.00 50.00 0%
511,000.00
58,200.00
50,00
50.00
50.00
$0.00
51,840.00
$0.00
63%
100°
37%
Lp Fe ��w•oa.v,.
Pond 1
35,441.0
51.50
553,162
572,342.00
50.00
136%
Pond 2
431410.0
_Cy
cy
51.50
585,115
569,773.00
50.00
107%
Pond 3
38,002.0
8,905.0
cy
51.50
554,003
57,714.00
513,357.50 390.6
Pond liners
470,000.0
7,822.0
sf
50.50
5235,000 50.00
$3,811.00 2%
Berm Construction
88000.0
cY
52.00
5176,000 5183,440.00 50.00 1040/a
Roads, Drainage & Uti
ities
-1021 Topsoil
28,645.0,
Tcy
51.30
537,239
554,458.80 50.00 146%
Silt fence
2,400.0_
If
51.80
54,3201
53,870.00 50.00 90%
Excavation
31,610.0 12.734.0
cy
53.00
594,830
5130,375.00 538,202.00 186%
Sgrade prey
48,454.0
Sy
51.20
558,145
556.798.40 _ 50.00 98%
-58,48825_
Place Topsoil
12,476.0 1,787.0
cy
_
54.75
559,261
569,269.25 131%
CI 1 ABC
42,533.0 3,970.0
ton
$4.50
5191399
5181,831.50 517,865.00 104%
CI a ABC
15,655.0- 7.387.0
ton
512.35
$193,339
5143,037.70 591,229.45 121%
3' Asphalt
4,568.0. 4,498.0
ton
538.00
$173,584+,
30.00 5170,924.00 98°.5
Adj. manholes
38.0 28.0
ea
590.00
53,420
51,080.00 52.340,00 100%
Adj_ valve boxes
52.0 27.0
ea
542.00
52,184
51,050.00 51.134.00 100%
38" Ultra Flow
2,080.0
If
546.00
595,680
195,880.00 50.00 100%
36" OF tees
3.0
ea52,180.00
56,540
56,540.00. 50.00 100%
36" OF tends
5.0
ea
32,543.00
512.715
512,715.00 $0.00 100%
42" CMP
120.0
n
548.00
55,760
512480.00 50.00 217%
36" CMP
310.0
If
542.00
513,020
513.020.00 50.00 100%
30" CMP
120.0_
If
539.00
54,650
54,680.004 50.00 100%
24" CMP
140.0
If
$33.50
54,890
$8.901.00 50.00 147%
18" CMP
53C.0
If
$29.0C
519.720
520,010.00 50.00 101%
15" CMP
300.0
If
$28.50
57,950
$8,480.00 50.00 107%
1
12" CMP
180.0
If
524.50
53,920
53,920.00 50.00 100%
-1u1-1-0 9-00 11:26A Aspen Glen Development
votvy,uu lulu rAA aiu b4 8:371 GUULD CONST
Gould Construction, Inc.
(970) 704-0939
P_03
® 003
147 Off Site Sewer
4" 8 6" Forced Main
1.0
is
51,920
51,920.00
50.00 100%
42" FES
30 FES
4.0
1.0
Forced main cleanouts
ea
as
10.00%
$480.00
_
$41,815.00
5260.00
$260
1260 00
$0.00 100%
36" FES
4.0
ea
'
5310.00
S1,240
5930.00
50.00 75%
r24" FES
6.0
ea
5216.00
51,296
51,296.00
50.00 100%
18" FES
12.0
ea
yea
5190.00
52,280
$2,090.00
$0.00 92%
5300.00
50.00 100%
15" FES
2.0
5150.00
$300
"12" FES
1.0
e8
5100.00
5100`
S28,050
5100.00
50.00 100%
Curb Inlets
17.0
ea
$1,650.00 "
528,050.00
$0.00
100%
100%
5' Dia drainage MH
2.0
ea
51,800.00
$3,600
53.600.00
$0.00
8" & 10" same trench
4,379.0
If
531.83
5139,384r
5139,384.71
50.00` 100%
_
8' 6 10" DIP Pike (mat
4,379.0
if
523.17
$101,481
S101,448.67
50.00 100%
10" DIP
r10" DIP materials
878.0
878.0
If
If
528.87
513.13
$25,348
$25.358.45
50.00 100%
511,52.8
S11.518,19
50.00 100%
10' Valves
13.0
ea
5750.00
$9750
511,250.00
50.00 115%
10" Bends
36.0
ea
_
$310.00
511,780
511,470.00
50.00 97%
10" Tees
10.0
ea
$355.00
53.550
52,485.00
$0.00 70%
8' DIP
6,131.0
If
519.96
5122,375
$109,480.60
30.00 89%
8" DIP Pipe
6,131.0,
If
510.04
$81,555
561,555.00
50.00 100%
8" Snapiock
8- Valves
1,340.0
22.0"
If
Fea
- S39.30
$550.00
352.662
312,100
522,794.00
50.00 43%
513,200.00
$0.00 109%
8" Bends
52.0
ea
1 5270.00
t
514,040
514,580.00
50.00 104%
8" Tees
13.0
ras
5305.00
53,965
$2,745.00
50.00 69%
8" Plugs
2.0
'ea
$192.00
53841
$0.00
51,100.00
50.00 004
50.00 80%
8" reducers
5.0
yea
5275.00
51,375
6" DIP
410.0
If
528.00
511,480
510,495.00
50.00 91%
6" valves
4" DIP
20.0
ea
5495.00
59,900
59,900.00
50.00 100%
816.0
If
525.00
520,400
511,875.00
50.00 88%
4" valves
2.0
ea
L 5325.00
$650
$650.00
50.00 100%
4' bends
3.0
ea
5220.00
3660
5660.00
50.00 100%
Fire Hydrants
20.0
ea
$2500.00
550,000
598,200
547,500.00
587,100.00
$0.00 95%
50.00 91%
Water service
74.0
'ea
51,300.00
8" PVC (0-8')
1,950.0
ea
526.00
550,960
513.382.20
$0.00 26%
8" PVC (8-12')
8" PVC (12-16')
4.908.0
2,740.0
ea
ea
531.50
337.00
5157 374,.._
5101,380
5121,926.85
50.00 77%
5108,505.40
50.00 107%
50.00 102%
30.00 54%
8" PVC (16-20)
1,541.0
ea
546.50
56.60
571 6574
513.586
523,598
573,111.80
57,387.40
5000
$91,000.00
529,302.80
Restrained joint sewer
1,580.0_
If
TV Sewer Ilne
11,237.0_
552.10
50.00 0%
$0.00 01%
50.00 100%
"Manholes
50.0
244.2
ea
vf
52,000.00
5120.00
5100,000
$20,298
X -Depth Manhole
Sewer Service
74.0
ea
51,400.00
_
5103,600
592,050.00 50.00 89%
147 Off Site Sewer
4" 8 6" Forced Main
1.0
is
351,628.00
$51,628
$48,095.98,
50.00,
935
Forced main cleanouts
1.0
10.00%
Is
_
$41,815.00
541,815
528,899.51
54,181.50
79%
183 LIR Station
Lift Station
1.0 0.5 ea • 575,000.00 575,000
50.00 533.750.00 45%
t48 Off Site Water
10 DIP
225 Water Tanis
1.01 Is $105.934 5105.934 5105180.63 50 00 99%
3un-09'-00 11 :26A Aspen Glen Development
• .vu•va'vv iu:11 IAA Vit.) V4O ooil (rUULI) t:UNS"t
200.000
al tank
169 River Crossin
River Crossin
223 Water Capacity
Pum chlorination stat.
005 Aid to Construction
1.0
Gould Construction, Inc.
0.4 ea
(970) 704-0939
P_04
®004
$189 000 5189,000 585,050.00
1.0
tum
5176,760.00
$75,600.00
50.00
85%
100%
5150,000f 522,500.00E $30,000.001 35%
(Gravel Crushing Cedit 1
515,000 515,000.00
8,958.0 tons
3.54
Redding Material to Misc. Utility Contractor
Trucking
Loader
33,5 hrs
12.5 hrs
50.00 100%
-5152,881.84
Total 4,206,448 52.930,754.01
Retainage 5206.109.75
2.724,644.26
Coryrll Ranch
Trucking
Total Due this Request
555.00 51,842.50
562 00 5775.00
-31,711
507,836.38 82%
507,636.38
52,617.50
510,453.68
JOHN A. THULSON
EDWARD MULHALL. JR.
SCOTT BALCOMB
LAWRENCE R. GREEN
TIMOTHY A. THULSON
LORI J. M. SATTERFIELD
EDWARD B. OLSZEWSKI
DAVID SANDOVAL
DENDY M. HEISEL
BALCOMB & GREEN, P.C.
ATTORNEYS AT LAW
P. 0. DRAWER 790
818 COLORADO AVENUE
GLENWOOD SPRINGS, COLORADO 81602
VIA HAND DELIVERY TO:
Telephone: 970.945.6546
Facsimile: 970.945.9769
June 2, 2000
Mark Bean, Director
Garfield County Building and Planning Department
109 8`h Street, Suite 303
Glenwood Springs, CO 81601
Re: Coryell Ranch and Midland Point Subdivisions
Dear Mark:
OF COUNSEL:
KENNETH BALCOMB
Coryell Ranch Company, LLC has now entered into contracts with US West, KN Energy,
and Public Service Company of Colorado for the installation of utility lines and facilities within
Coryell Ranch and Midland Point. Coryell Ranch Company has paid a total of $590,119.00 to those
utility companies for the work to be performed under those contracts and would therefore like to
obtain a partial release of its security in that amount as specifically authorized by paragraph 3(b) of
the Subdivision Improvements Agreement between Coryell Ranch Company and the County.
We have enclosed for your consideration duplicate original letters from David M. Kotz, P.E.,
with Schmueser Gordon Meyer, certifying the foregoing. The certifications include copies of the
contracts and copies of the checks which have been given in payment of those contracts. We have
also prepared and enclose herewith duplicate originals of an Acknowledgment of Partial Satisfaction
of Subdivision Improvements Agreement which will authorize the release of the amount of
$590,119.00 from the letter of credit previously posted by Coryell Ranch Company. The enclosed
Acknowledgment forms recite that the original Mesa National Bank letter of credit has been replaced
by an Alpine Bank letter of credit as approved by the Board on May 1, 2000.
Per our discussion this morning, we would greatly appreciate it if you would present the
Acknowledgment of Partial Satisfaction of Subdivision Improvements Agreement forms to the
Board for the Chairman's signature at the Board's upcoming meeting on June 5, 2000, and deliver
one original to Mildred Alsdorf for recording, and the other original to me, so that I can arrange for
the appropriate release from the letter of credit. This is the same procedure that we utilized for the
previous partial release Coryell Ranch for subdivision improvements.
BALCOMB & GREEN, P.C.
ATTORNEYS AT LAW
Mark Bean, Director
June 2, 2000
Page 2
Thank you very much for your attention to this matter. As always, please contact me if you
have any questions or concerns.
LRG/bc
Encls
Very truly yours,
BALCOMB & GREEN, P.C.
Lawrence R. reen
ACKNOWLEDGMENT OF PARTIAL SATISFACTION
OF SUBDIVISION IMPROVEMENTS AGREEMENT
KNOW ALL MEN BY THESE PRESENTS, that:
WHEREAS, Coryell Ranch Company, LLC, a Colorado limited liability company, entered
into a Subdivision Improvements Agreement with the Board of County Commissioners of Garfield
County, Colorado (the `Board), dated January 10, 2000 and recorded January 18, 2000 in Book
1169, Page 325, as Reception No. 558139 of the Garfield County records for the improvement of
Coryell Ranch and Midland Point Subdivisions; and
WHEREAS, in accordance with the provisions of the Subdivision Improvements Agreement,
Coryell Ranch Company posted an irrevocable standby letter of credit issued by Mesa National
Bank, Glenwood Springs, Colorado, in the amount of $4,511,200.00; and
WHEREAS, in accordance with that certain Acknowledgment of Partial Satisfaction of
Subdivision Improvements Agreement and Approval of Substitution of Letter of Credit approved
by the Board on May 1, 2000 and recorded in the records of Garfield County on May 2, 2000 as
Reception No. 562931 in Book 1185, Page 444 the balance of the aforesaid letter of credit was
reduced to $2,187,551.00 and Coryell Ranch Company has posted a new standby irrevocable letter
of credit issued by Alpine Bank in the amount of $2,187,551.00 to replace the Mesa National Bank
letter of credit which was returned and discharged upon deposit of the Alpine Bank letter of credit;
and
WHEREAS, Coryell Ranch Company has presented a certification from Schmueser Gordon
Meyer dated May 25, 2000 certifying that Coryell Ranch Company (i) has valid contracts with US
West, KN Energy and Public Service Company of Colorado obligating such companies to install
certain utility lines and improvements; (ii) has paid to the aforesaid utility companies the sums due
under said contracts for the installation of such utility lines and facilities; and (iii) that the total
amount heretofore paid under said contracts is $590,119.00. Based upon such certification, which
includes copies of the aforesaid contracts and the payments made thereunder, Coryell Ranch
Company has requested that the amount of the aforesaid letter of credit be reduced by $590,119.00
which is the total amount of the payments made under said contracts.
NOW, THEREFORE, at the request of Coryell Ranch Company, and in consideration of the
premises and prior agreements, the Board hereby acknowledges the partial satisfaction of the
Subdivision Improvements Agreement entered into by Coryell Ranch Company and the Board for
Coryell Ranch and Midland Point Subdivisions, and hereby authorizes the release of the security
from the above identified Alpine Bank letter of credit in the total amount of $590,119.00 which will
result in a remaining balance of said letter of credit in the amount of $1,004,405.00.
BOARD OF COUNTY COMMISSIONERS
OF GARFIELD COUNTY
By:
John Martin, Chairman
STATE OF COLORADO )
) ss
COUNTY OF GARFIELD )
The above and foregoing document was acknowledged before me this day of
, 2000 by John Martin, as Chairman of the Board of County Commissioners
of Garfield County, Colorado.
Witness my hand and official seal.
Mildred Alsdorf, Garfield County Clerk
My commission expires:
My address is:
c:\wp•docstl.G\AG\CoryeIPDocuments\ ...6.2-00
Acknowledgment of Partial Satisfaction of Subdivision Improvements Agreement
Coryell Ranch Company LLC/Board of County Commissioners Page 2
(970) 945-1004
FAX (970) 945-5948
ENGINEERS
SURVEYORS
SG,, 118 West 6th, Suite 200
SCHMUESER
GORDON MEYER
Glenwood Springs, CO 81601
May 25, 2000
Mr. Mark Bean, Director
Garfield County Building and Planning Dept.
109 Eighth Street, Suite 303
Glenwood Springs CO 81601
RE: Coryell Ranch and Midland Point
Seventh Letter of Credit Reduction
Dear Mark:
On behalf of Coryell Ranch Company, LLC, Schmueser Gordon Meyer is requesting a partial
release of security as outlined in Section 3. SECURITY FOR IMPROVEMENTS, b. Partial
Releases of Security. The amount of reduction requested is $590,119, which corresponds
to amounts paid to US West ($21,315.15), KN energy ($215,892.73) and Public Service
($352,911.00). Copies of the executed contracts and checks are attached.
The table on next page summarizes the status of Letter of Credit and will be modified in
future release requests.
May 25, 2000
Mr. Mark Bean
Page 2
Original Letter of Credit Amount
$4,511,200
Gould Construction Pay Application No. 1
$405,106
Gould Construction Pay Application No. 2
$345,852
First Reduction Request
- $ 750,958
Gould Construction Pay Application No. 3
$184,708
Second Reduction Request
- $ 184,708
Roaring Fork Aggregate Invoices 1002 & 1017
$193,533
Third Reduction Request
- $ 193,533
Gould Construction Pay Application No. 4
$641,643
Fourth Reduction Request
- $ 641,643
Gould Construction Pay Application No. 5
$552,807
Fifth Reduction Request
- $ 552,807
Gould Construction Pay Application No. 6
$593,027
Sixth Reduction Request
- S 593,027
US West, KN Energy & Public Service Contracts
$590,119
Seventh Reduction Request
-$590,119
Letter of Credit Remaining Amount
$1,004,405
Please contact me if you have any questions, comments or require additional clarification of
this request.
Sincerely,
SCHMUESER GORDON MEYER, INC.
1
David M. Kotz, P.E.
DMK:Iec/98081 d10.pr7
Enclosures
SCHMUESER GORDON MEYER, INC
Control Number: CO22080
Job Number: 022K600
Agreement For The Engineering,
Design, Placement And Splicing of Facilities
By U S WEST
THIS AGREEMENT (hereinafter "Agreement") is made and entered into
this 1 '7 day of ,4 p(2 !L , 2000 , by and between U S
WEST, a Colorado corporation (hereinafter "USW") and CORYELL RANCH
COMPANY, LLC (hereinafter "Developer/Builder).
1. RECITALS
WHEREAS Developer/Builder is undertaking construction of a
development known as ASPEN GLEN CORYELL RANCH -MIDLAND PT
(hereinafter "Development"), projected to contain SIXTY-NINE (69)
dwellings occupied within 36 months, which is more fully
described as being located in S29, T7S, ,R68W, 6TH P.M.,
CARBONDALE exchange, GARFIELD County, State of COLORADO; and,
WHEREAS USW has been requested by Developer/Builder to provide
distribution facilities (hereinafter "Facilities") within its
Developmentprior to the construction of buildings or living
units. Facilities will be adequate to serve SIXTY-NINE (69) lots
in Development; and,
WHEREAS USW is willing and agrees to place Facilities, as more
fully described in Exhibit A, attached hereto and incorporated
herein, in accordance with the terms and conditions of this
Agreement and with any applicable Tariffs on file with the
Colorado Public Utilities Commission;
NOW, AND IN CONSIDERATION of the mutual promises and covenants
hereinafter set forth, the parties agree as follows:
2. DEFINITIONS
Access Line: The telecommunications circuit that extends from
the customer's termination point in a completed residence to a
central office.
rnfrsv -s
-2 -
Central Office: A switching unit in a telephone system,
providing service to the general public, having the necessary
equipment and operating arrangements for terminating and
interconnecting access lines.
Distribution Facilities: All telephone plant between the feeder
facilities and the customer's termination point.
Feeder Facilities: The telephone plant between the central
office and distribution facilities.
Service Lateral: The wires and the trench between the serving
terminal and the Standard Network Interface (SNI) at the entrance
of a residential dwelling where service terminates.
3. EASEMENTS
Any easements, rights-of-way or property rights required by USW
for the Development shall be given to USW by Developer/Builder,
in writing, in recordable form. Application fees, permit fees or
any other governmental charges, special study costs, any costs
incurred due to unusual conditions (e.g. rock, swamp, asphalt)
and overhead for placing facilities, at no charge, with no
restrictions or exceptions, prior to the commencement of any
construction by USW. Developer/Builder shall be responsible for
clearing and establishing final grade within six inches
throughout the easement area before USW is expected to start
construction. All survey property stakes will be placed by
Developer/Builder to identify the physical location of said
easements and rights-of-way within the Development.
Developer/Builder shall be required to reimburse USW for right-
of-way costs pursuant to the Agreement. In the event of re -
platting, re -zoning, or change -of -use during the term of this
Agreement, Developer/Builder or its permitted assignees or
successors shall be responsible for any additional relocation or
replacement costs (which costs shall be non-refundable) relating.
to affected Facilities.
4. TRENCHING AND SERVICE LATERALS
Developer/Builder shall provide trenches and service laterals
("Trench") and backfill operations, as shown on Exhibit A, in
accordance with USW standards.
-3-
A. Developer/Builder shall be responsible, at its sole expense,
for obtaining any permits, licenses, bonds or other consents or
approvals necessary for USW to move, park, and maneuver equipment
on the job site, to store tools and materials, to barricade or
close streets, alleys or walks, and to use electric power, water
and sewers, and to dispose of soil within the Development. All
permits, licenses, bonds or other types of approvals shall be in
Developer/Builder's name and shall not commit USW to any
obligations not identified under this Agreement.
Developer/Builder shall take necessary safety precautions as
required by federal, state and local authorities to protect
pedestrian and vehicular traffic in the development, including,
but not limited to, maintenance of adequate warning signs,
barricades, lights, guard fences, walks and bridges.
Developer/Builder will be required to furnish and install
conduit for sleeving of streets or concrete drives, in accordance
with USW standards.
B. Developer/Builder shall coordinate applicable schedules
hereunder with USW's representative:
TOM ECKES
307-772-4001 .
C. Critical Scheduling Dates: Developer/Builder shall select
start and completion dates for Trench excavation and backfill
which are compatible with USW's engineering, material ordering
and construction schedules.
C.1 Developer/Builder shall begin Trench excavation within
five days of the date USW's representative notifies
Developer/Builder that material is available ("Start Date").
C.2 The Trench Date for purposes of the Agreement is on or
about (Y1Lu IS , 2-000
C.3 Developer/Builder shall provide USW an addressed, recorded
plat in electronic, digital or written format on
hpro , 2.0149e . If USW does not receive
complete address information the development schedule may be
delayed.
C.4 Developer/Builder shall provide USW twenty-one (21) days'
notice prior to the completion date of living units with
Development.
C.5 Developer/Builder shall schedule a pre -construction
utility coordination meeting.
-4-
D. Developer/Builder shall complete the work as soon as
practicable, but no later than fourteen (14) days from Start
Date. Trench must be maintained by Developer/Builder for a
minimum of three days after notifying USW to allow USW adequate
time to place facilities, without interference from other
contractors. Developer/Builder shall provide sufficient backfill
to protect USW's cable after cable placement. Any changes to the
time limits stated herein must be given prior approval by USW's
authorized representative.
E. If Developer/Builder has not commenced Trench excavation
within fourteen (14) days of Start Date, Developer/Builder shall
reimburse USW for any and all carrying charges, penalty fees, and
shipping costs related to the storage, return, and reorder of
materials associated with Facilities. In addition,
Developer/Builder shall reimburse USW for lost time by USW
personnel due to Trench failures or insufficient Trench.
F. Developer/Builder's Trench and backfill operations shall
conform to the National Electric Safety Code (NESC) and to USW's
approved job prints and standards. USW shall be afforded the
opportunity to inspect all Trench and backfill. All Trenches
provided by Developer/Builder shall be within rights-of-way or
the dedicated easements of the Development and within six inches
of final, grade.
G. In the event Developer/Builder damages USW's Facilities,
Developer/Builder shall bear the full expense of repair or
replacement of such damaged Facilities, at USW's sole option.
H. Developer/Builder shall restore all improved and unimproved
surfaces to their original condition, in accordance with rules
and regulations of the governmental authority having jurisdiction
in the development, and shall guarantee said restorations against
settlement or other defects for a period of five years from the
date of final acceptance of the work by USW.
5. INSTALLATION OF FACILITIES
USW agrees that initial Distribution Facilities will be in place
within 120 days after execution ("Start Date") of this Agreement.
In no event shall USW's failure to complete the work by the above
specified date constitute a breach of this Agreement by USW, nor
shall it relieve Developer/Builder of any of its obligations
hereunder, if the delay is caused by unavailability of equipment
or material, delays in receiving equipment or material, delays in
obtaining easements or rights-of-way, unusual working conditions,
unusual terrain, delay caused by Developer/Builder, or any other
circumstances beyond the reasonable control of USW.
-5 -
Insofar as possible, the parties shall coordinate their
construction work.
6 INDEMNITY
Developer/Builder shall indemnify and hold harmless USW and its
agents and employees from and against any and all claims, losses,
actions, damages, expenses and all other liabilities, including,
but not limited to, costs and attorneys fees, including the
proper placement of the Trench within the appropriate easement,
arising out of or resulting from the performance or non-
performance of Developer/Builder pursuant to the Agreement,
unless directly caused by negligence of USW.
7. CHARGES
USW will engineer and design, secure all materials, and provide
the labor necessary to place, splice, and test Facilities in the
Development, using standard USW specifications. USW will bill
Developers/Builder a NON-REFUNDABLE charge of TWENTY-ONE THOUSAND
THREE HUNDRED FIFTEEN DOLLARS AND 15 CENTS ($21,315.15) for such
services upon execution of this Agreement.
8. GENERAL CLAUSES
A. Developer/Builder understands and agrees that the payment made
to USW hereunder is a charge for the cost of providing
distribution facilities in the Development and is not: (1) a
deposit for security for individual customers, or (2) applicable
to installation charges or regular monthly charges or such
service as provided in USW's filed tariffs. Developer/Builder
shall not represent to any individual that Developer/Buildei's
deposit satisfies any line extension charge, construction charges
which may be payable as required by tariff, or alleviate any
customer's responsibility to pay other appropriate charges when
required by tariff. Payments made hereunder to USW shall not
grant Developer/Builder or any subscriber any ownership in
Facilities OR RESERVE ANY CENTRAL OFFICE EQUIPMENT OR ANY FEEDER
FACILITIES.
B. USW reserves the right to construct excess capacity pursuant
to this Agreement. The additional costs of such excess capacity
are not included in the Facility charge stated above.
-6-
C. Any notices required to be given by either party shall be
given in writing, hand delivered or deposited in the United
States mail, addressed to:
U S WEST
Developer/Builder Contact Grp
PO Box 1720
Denver, CO 80201
1-800-526-3557
CORYELL RANCH COMPANY, LLC
IAN HAUS
9929 HWY 82
CARBONDALE, CO 81623
Notices shall be effective when hand delivered or postmarked,
whichever is earlier. Either party may change designations
pursuant to this paragraph upon written notice to the other
party.
D. This Agreement may not be assigned by Developer/Builder
without the prior written consent of USW, which shall not be
unreasonably withheld. Assignment requests to USW must be
accompanied by a non-refundable processing fee of $50.00 (fifty
dollars) per request.
E. A failure of USW to enforce any provision of this Agreement on
any occasion shall not constitute a general waiver of its right
to enforce that or any other provision of this Agreement on any
other occasion.
F. This Agreement shall inure to the benefit of and be binding
upon the successors in interest and permitted assignees of the
parties hereto.
G. This Agreement may be amended only by a written document
signed by both parties.
H. Neither party shall be liable to the other for delays or
failure in performance, or for loss or damage, due to fire,
explosion, power blackout, earthquake, volcanic action, nuclear,
flood, strike, war, civil disturbance, governmental requirements,
acts of God, or other causes beyond its control.
I. Use of the term "day" herein shall refer to calendar days,
unless otherwise specified.
J. This Agreement and the obligations of the parties hereunder
shall be construed and governed in accordance with the laws of
the state in which Facilities are provided hereunder.
-7-
K. This Agreement is subject to the applicable tariffs filed by
USW with the appropriate agency of the state in which Facilities
are provided hereunder. In the event that applicable tariffs are
modified, superseded, or suspended prior to performance by USW
hereunder, then this Agreement shall become null and void, and
the parties may elect to enter into a new agreement to conform to
such new tariffs.
L. All claims arising out of this Agreement shall be resolved by
arbitration in accordance with the then current rules of the
American Arbitration Association. The arbitration shall be
conducted by a single arbitrator engaged in the practice of law.
The arbitrator's decision and award shall be final and binding
and may be entered in any court with jurisdiction.
M. Developer/Builder agrees not to enter into an exclusive
promotional arrangement with another local provider of
telecommunications services for a period of thirty-six (36)
months after the execution of this Agreement. Nothing in this
Agreement affects the right of any end user customer within the
Development to select the end user's telecommunication services
provider(s) of choice.
IN WITNESS WHEREOF, the parties have executed this Agreement
effective the day and year appearing on the first page of this
Agreement.
By
By
Title
f
/ %1(DE }T OPER/BUILDER)
i/
U S WEST
ager
ATTEST/WITNESS
9-11
ASPEN GLEN DEVELOPMENT OFFICE
MEMORANDUM
DATE: April 19, 2000
TO: C.C. Coggins, US West Communications
FROM: Don Parris, General Manager
RE: Contract No. CO22080, Job No. 022K600
In the interest of time authorize the contract amount in Contract Number
CO22080, Job Number 1 K6 ► 0 (Coryell Ranch Company LLC) to be changed from
$21,314.50 to $21,31 .15. P1 • se process check # 99370 sent to US West in the amount
of $21,315.15. Tha .i you f r your assistance and please call me with any questions.
9929 Highway 82 Carbondale, CO 81623 Phone: (970) 963-4536 Fax: (970) 963-4537
10101111011111111411 1111117M171-1111
O
rfl
• ■
0
rf1
0'
11111101111111 01111 nunmimw 1011000
:.,.ria01wrao nuimo
GAS MAIN EXTENSION AGREEMENT
This agreement, executed to be effective Wednesday March 15, 2000
by and between Corye11 Ranch LLC ("Applicant", whether one or more),
and Kinder Morgan Inc., a Kansas corporation ("Company") . In consideration
of these promises and other valuable consideration herein acknowledged, the
parties hereto agree as follows :
1. Applicant is desirous of securing natural gas service and
Company is desirous of furnishing such service. It will be
necessary for Company to construct approximately 13.200'
Of 4" and 2" plastic PE distribution main extension from
and including a new reg station at CR 109 gas main, to and
including Coryell Ranch LLC, Carbondale, Colorado
(location of extension) . Applicant agrees to pay to the Company
as an advance for construction the amount of $215,892.73
2. The Company agrees that for all customers connected to the
subject extension within three years from the above date,
other than further extensions thereto, it will refund
one-time to the applicant an amount of S300.00 for each
customer so connected; provided, however that the total
of any such refunds shall not exceed the total contribution by
Applicant. Applicant specifically agrees that should the
Company make further extensions to the subject extension,
the Company shall have the right and privilege to do so without
any refund obligation whatsoever to Applicant.
3. The Company will endeavor to construct the extension with ail
reasonable expedition, subject to applicable laws, rules and
regulations of governmental authorities, and to any delay
occasioned by lack of right-of-way, force majeure or events or
conditions of whatsoever nature reasonably beyond the
Company's control.
4. The Company shall not be obligated to commence the
construction herein specified unless and until: (a) Applicant
has caused the right-of-way for the main extension to be clearly
staked on the ground by a registered engineer, (b) such right-of-
way has been reduced to final grade and cleared of all
obstructions of any kind; and (c) all necessary right-of-way has
been furnished the Company without cost or expense on the
Company's standard form of easement. Applicant will provide pipe pad material.
5. Title to such main extension, including its pipes and
appurtenances, connections thereto and extensions thereof, and
including the right to use, operate and maintain same, shall
forever be and remain exclusively and unconditionally vested in
the Company.
6. If at any time after this agreement is accepted., a moratorium
on or curtailment of new or additional service or connections
is imposed upon the Company's system, the Company shall not
have any obligation hereunder or otherwise to make any new or
additional connections or to reimburse the Applicant for any of
the advances for construction due to the Company not making
such new or additional connections during the period any said
moratorium or curtailment is in effect during the three year
period, nor shall the period be extended
7. Company and Applicant acknowledge that this Agreement is
binding upon their respective heirs, successors and assigns.
Company and Applicant further acknowledge that there are no
Agreements or understandings, written or oral, between the
parties related to the gas main extension, other than as set
forth herein, and that this Agreement contains the entire
Agreement between the parties hereto. This Agreement may not
be altered, modified, terminated or discharged except by writing
signed b e party against whom such alteration, modification,
to ' on or •'scharge is sought This Agreement shall be
governed in a ordance with the laws of the State of Colorado.
ExecutRd to be eff . ve the date and year first above written.
Name
Coryell Ranch LLC
KINDER MORGAN, INC.
A KANSAS CORPORATION
Mailing Address Amount
9929 SH 82 Carbondale, CO 81623 5215,892.73
Total Advances $215,892.73
To be executed in quadruplicate:
1st Original - Company, Lakewood
2nd Original - Applicant
3rd Original - Regional Manager
4th Original - Company, Glenwood Springs
Originated By: Gary Evans
District : Glenwood Springs
u
CORYELL RANCH COMPANY, LLC / C/o THE MELROSE COMPANY
P.O. BOX 21307
HILTON HEAD ISLAND. SC 29925
DATE
CHECK
NO.
VENDOR
KEY
INVOICE #
INVOICE DATE
AMOUNT
DISCOUNT
J
u-,-,....,..,
VOUCHER #
NET AMOUNT
GASEXTENSN
05/24/00
215892.73
"0.00
VOUCHER 000484
215892.73
TOTALS
21 r,RQ9 7'_
q Ari
_ 71 C,R0� 72
CORYELL RANCH COMPANY, LLC"
c/a THE MELROSE
~ P.0 BOX 21307
-- 1 EIILTON BEAD ISLAND. SC;29925.
TWU•
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TND 6AN:IT E RT' IUNEo
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AUTHORIZED SIGNATU
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* * * *
Amor
APPAPII
11'00L22311' 1:0532000L91: LOO Sa6L5511'
,MAY 25 '00 07:12 FR PSCO—RIFLE
FORM (G) 320-10-3741
970 625 6030 TO 9-1970-9634537 P.01
ELECTRIC DISTRIBUTION FACILITIES EXTENSION AGREEMENT
EXT. NO. 41-2000-271
THIS AGREEMENT, made this 28th day of February, 2000, by and between PUBLIC SERVICE COMPANY OF COLORADO, a
Colorado corporation, hereinafter referred to as "Company" and Coryell Ranch Company LLC, a corporation, hereinafter referred to as
"Applicant", WITNESSETH: •
WHEREAS, Company is a public utility supplying electric energy and electric service to various areas in the State of Colorado, and
WHEREAS, Applicant has requested Company to construct and install the necessary clecaic distribution facilities to provide
**Indeterminate service to serve Coryeil Ranch & Midland Point Subdivisions in Carbondale, State of Colorado.
WHEREAS, Company's Service Connection and Distribution Line Extension Policy requires a Construction Payment for the installation
of said facilities.
NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, it is mutually agreed as follows:
1) Company agrees to construct with reasonable promptness, the distribution facilities for which the Applicant has made the
Construction Payment, (excluding service laterals), and to notify Applicant when construction is completed and service is available (the
Extension Completion Date).
2) Applicant agrees, upon execution of this Agreement, to pay to Company the Construction Payment in the amount of
Three Hundred Fifty Two Thousand, Nine Hundred Eleven Dollars (S352,911)
3) (a) Said Construction Payment may be refundable to Applicant in part or in its entirety during a ten (10) year period
commencing with thc Extension Completion Datc. Any possible refunds will be made in accordance with the terms and conditions of the
Company's Service Connection and Distribution Line Extension Policy_ This policy is on filc with thc Public Utilities Commission or the Stare of
Colorado and is available for inspection. In no event will any refund exceed the Construction Payment nor will any refund be made after ten (10)
years from the Extension Completion Date. as determined from the Company's records_
(b) In the alternative, the Applicant can directly pass through to purchasers of Applicant's property covered by this extension
any costs associated with the extension.
(c) Applicant elects between 3 (a) and 3 (b) above as follows:
0 1) Company shall collect participation charges caused by connections to the extension covered by this Agreement
and refund those amounts to App` t pursuant to 3 (a) herein.
2) Company shall not collect participation charges caused by connections to the extension covered by this
Agreement. Applicant hereby represents that costs associated with this extension shall be collected directly by Applicant pursuant to 3 (b) above.
4) Nothing in this Agreement shall be construed to waive the right of refund, if any, which may accrue as a result of excess construction
allowance associated with distribution and /or service lateral installations pursuant to the Rules and Regulations currently on file with the Public
Utilities Commission of the State of Colorado.
5) Applicant agrees to execute the Company's standard right-of-way agreements granting free of charge to Company, such rights-of-
way from other parties as may be required., and recognizes this Agreement is contingent upon Company obtaining any other rights-of-way from
other parties if required
6) In the event Applicant should require additional electric distribution facilities other than those for which the Construction Payment
has been made hereunder, such facilities shall be provided by separate agreements.
IT IS MUTUALLY AGREED that the application and interpretation of this Agreement, including the definitions of terms used herein,
shall be in accordance with Company's Electric Service Rules and Rcgularions, including Company's Scrviw Connection and Distribution Linc
Extension Policy, on file and in effect from time to time with the Public Utilities Commission of the State of Colorado and that said Rules and
Regulations constitute a part of this Agreement and are binding on the parties hereto.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year fitst above written.—
PUBLIC SERVICE COMPANY OF COLORADO
By
• SPECIFY CORPORATION, PARTNERSHIP, INDIVIDUAL OR
INDIVIDUAL DOING BUSINESS As.
••_SPECrCY PERMANENT. INDETERMINATE. OR TED1PORARY.
CREGS# 41-2000-271
NAMF/FIRM
By
Coryell
APPLIQ
any LLC
�(2Ytf AOR PRINT NAME AND Trn.E OF SIG (ER)
MAILING ADDRESS (9929 Highway 82
Carbondale, CO 81623
WW Trrr('I on= rat wNr
u
CORYELL RANCH COMPANY, LLC /% THE MELROSE COMPANY
P.O. BOX 21307
HILTON HEAD ISLAND, SC 29925
DATE
•
CHECK
NO.
VENDOR
KEY
INVOICE #
INVOICE DATE
AMOUNT
DISCOUNT
VOUCHER #
NET AMOUNT
6900838450
04/12/00
352911.00
0.00
VOUCHER 000437
352911.00
TOTALS
2cs7Q11 (O,_
rn Aft _
qr",011 (AA
0'00 L 2 2 50 ':0 5 3 2000 X91: LOO 586 L 5 SII■
V
ACKNOWLEDGMENT OF PARTIAL SATISFACTION
OF SUBDIVISION IMPROVEMENTS AGREEMENT
KNOW ALL MEN BY THESE PRESENTS, that:
WHEREAS, Coryell Ranch Company, LLC, a Colorado limited liability company, entered
into a Subdivision Improvements Agreement with the Board of County Commissioners of Garfield
County, Colorado (the "Board), dated January 10, 2000 and recorded January 18, 2000 in Book
1169, Page 325, as Reception No. 558139 of the Garfield County records for the improvement of
Coryell Ranch and Midland Point Subdivisions; and
WHEREAS, in accordance with the provisions of the Subdivision Improvements Agreement,
Coryell Ranch Company posted an irrevocable standby letter of credit issued by Mesa National
Bank, Glenwood Springs, Colorado, in the amount of $4,511,200.00; and
WHEREAS, in accordance with that certain Acknowledgment of Partial Satisfaction of
Subdivision Improvements Agreement and Approval of Substitution of Letter of Credit approved
by the Board on May 1, 2000 and recorded in the records of Garfield County on May 2, 2000 as
Reception No. 562931 in Book 1185, Page 444 the balance of the aforesaid letter of credit was
reduced to $2,187,551.00 and Coryell Ranch Company has posted a new standby irrevocable letter
of credit issued by Alpine Bank in the amount of $2,187,551.00 to replace the Mesa National Bank
letter of credit which was returned and discharged upon deposit of the Alpine Bank letter of credit;
and
WHEREAS, Coryell Ranch Company has presented a certification from Schmueser Gordon
Meyer dated May 16, 2000 certifying that Coryell Ranch Company has completed subdivision
improvements associated with Coryell Ranch and Midland Point having an actual cost of
construction of $593,027.00, and requesting that based upon said certification the amount of the
aforesaid letter of credit be reduced by $593,027.00 which is the cost of the work completed as
detailed in said certification.
NOW, THEREFORE, at the request of Coryell Ranch Company, and in consideration of the
premises and prior agreements, the Board hereby acknowledges the partial satisfaction of the
Subdivision Improvements Agreement entered into by Coryell Ranch Company and the Board for
Coryell Ranch and Midland Point Subdivisions, and hereby authorizes the release of the security
from the above identified Alpine Bank letter of credit in the total amount of $593,027.00 which will
result in a remaining balance of said letter of credit in the amount of $1,594,524.00.
BOARD OF COUNTY COMMISSIONERS
OF GARFIELD COUNTY
By:
John Martin, Chairman
STATE OF COLORADO )
) ss
COUNTY OF GARFIELD )
The above and foregoing document was acknowledged before me this day of
, 2000 by John Martin, as Chairman of the Board of County Commissioners
of Garfield County, Colorado.
Witness my hand and official seal.
Mildred Alsdorf, Garfield County Clerk
My commission expires:
My address is:
c \wp-docs\LG\AG\Coryell\Dowments\ ...5.19.00
Acknowledgment of Partial Satisfaction of Subdivision Improvements Agreement
Coryell Ranch Company LLC/Board of County Commissioners Page 2
(970) 945-1004 SCHMUESER
FAX (970) 945-5948 GORDON MEYER - Glenwood Springs, CO 81601
Sr'M
ENGINEERS
SURVEYORS
118 West 6th, Suite 200
May 16, 2000
Mr. Mark Bean, Director
Garfield County Building and Planning Dept.
109 Eighth Street, Suite 303
Glenwood Springs CO 81601
RE: Coryell Ranch and Midland Point
Sixth Letter of Credit Reduction
Dear Mark:
On behalf of Coryell Ranch Company, LLC, Schmueser Gordon Meyer is requesting a partial
release of security as outlined in Section 3. SECURITY FOR IMPROVEMENTS, b. Partial
Releases of Security. The amount of reduction requested is $593,027, which corresponds
to Gould Construction's Pay Application No. 6 dated 05/05/00. A copy of their Pay
Application is attached.
Throughout the construction process, Schmueser Gordon Meyer has conducted periodic site
visits to observe construction practices and has participated in weekly construction meetings
with the contractor and owner's representatives. We have concluded that the total amount
requested in Gould Construction's Pay Application No. 6 ($593,027) is representative of the
work performed and that work has been performed in substantial compliance with the
engineered plans, specifications, and the requirements of the Subdivision Improvements
Agreement. Project retainage to date totals $206,1 10, an amount equivalent to five percent
of the total project cost. No additional retainage will be withheld in the future. The table on
next page summarizes the status of Letter of Credit and will be modified in future release
requests.
May 16, 2000
Mr. Mark Bean
Page 2
Original Letter of Credit Amount
$4,511,200
Gould Construction Pay Application No. 1
$405,106
Gould Construction Pay Application No. 2
$345,852
First Reduction Request
- $ 750,958
Gould Construction Pay Application No. 3
$184,708
Second Reduction Request
- $ 184,708
Roaring Fork Aggregate Invoices 1002 & 1017
$193,533
Third Reduction Request
- $ 193,533
Gould Construction Pay Application No. 4
$641,643
Fourth Reduction Request
- $ 641,643
Gould Construction Pay Application No. 5
$552,807
Fifth Reduction Request
- $ 552,807
Gould Construction Pay Application No. 6
$593,027
Sixth Reduction Request
- $ 593,027
Letter of Credit Remaining Amount
$1,594,524
Please contact me if you have any questions, comments or require additional clarification of
this request.
Sincerely,
SCHMUESER GORDON MEYER, INC.
David M. Kotz, P.E.
DMK:Iec/98081 d 10.pr6
Enclosures
SCHMUESER GORDON MEYER, INC
35%1
Coryell Ranch Development
Schedule of Values
41416.511001X -
Description
Gould Construction, Inc.
5/5/00
Total
Quantitiy
Quantity
this
Month
Units
Unit Price
Total
Completed
Previously
Comlete
this Month
Percent
complete
020 Bike Path
Bike Path
5,065.01 1,200.01If
$16.501 $83,5731 $9,075.001
$19,800.00
032 Curbing
Concrete Aprons
Curb and Gutter
086 Roadside Irrigation
1,960.01 1,960.01 sf
7,619.0 7,619.0 If
{
$5.00 _I$9,8001
$13.00 $99,047
$0.00 $9,800.00
$0.00 $99,047.00
100%
100%
Irrigation Pump Station
6" Irrigation Piping
1.0
ea
$45,000.00
$45,000
$0.00
180.0
If
$18.00
$3,240
$0.00
4" Irrigation Piping
3,555.0
If
$16.00
$56,880
$0.00
$0.00
4" valves and fittings
087 Irrigation Ditches
049
8.0
ea
$200.00
$1,600
$0.00
$0.00
0%
$0.00
0%
$0.00
0%
0%
Diversion Structures
Concrete Head Walls
Rip Rap
Drainage Ditch
Pond 1^
35,441.0
8.0
$1.50
ea
$2,200.00
$17,600
$11,000.00
$0.00
63%
2.0
cy
ea
$4,100.00
$8,200
$8,200.00
$0.00
100%
220.0
8,755.0
cy
$20.00
$4,400
$0.00
$0.00
0%
Pond liners
470,000.0
If
$5.00
$0
$0.00
$0.00
$0.00
Pond 1^
35,441.0
cY
$1.50
$53,162
$72,342.00
)u.uu
136/0
Pond 2
43,410.0
5,201.0
cy
$1.50
$65,115
$61,971.50
$7,801.50
107%
Pond 3
10,000.0
8,755.0
cy
$1.50
$15,000
$7,714.00
$0.00
51%
Pond liners
470,000.0
47,332.0
sf
$0.50
$235,000
$0.00
$0.00
0%
Berm Construction
88,000.0
11,588.0
cy
$2.00
$176,000
$160,264.00
$23,176.00
104%
174
Strip Topsoil
28,645.0
cy
$1.30
$37,239
°
Silt fence
2,400.0
If
$1.80
$4,320
$3,870.00
$0.00
90%
Excavation
31,610.0
8,755.0
cy
$3.00
$94,830
$112,110.00
$26,265.00
146%
Sgrade prep
48,454.0
47,332.0
sy
$1.20
$58,145
$0.00
$56,798.40
98%
Place Topsoil
12,476.0
5,995.0
cy
$4.75
$59,261
$40,793.00
$28,476.25
117%
CI 1 ABC
42,533.0
26,542.0
ton
$4.50
$191,399
$62,392.50
$119,439.00
95%
CI 6 ABC
15,655.0
11,582.0
ton
$12.35
$193,339
$0.00
$143,037.70
74%
3" Asphalt
4,568.0
ton
$38.00
$173,584
$0.00
$0.00
0%
Adj. manholes
38.0
12.0
ea
$90.00
$3,420
$0.00
$1,080.00
32%
Adj. valve boxes
52.0
25.0
ea
$42.00
$2,184
$0.00
$1,050.00
48%
36" Ultra Flow
2,080.0
If
$46.00
$95,680
$95,680.00
$0.00
100%
36" UF tees
3.0
ea
$2,180.00
$6,540
$6,540.00
$0.00
100%
36" UF bends
5.0
ea
$2,543.00
$12,715
$12,715.00
$0.00
100%
42" CMP
120.0
If
$48.00
$5,760
$12,480.00
$0.00
217%
36" CMP
310.0
If
$42.00
$13,020
$13,020.00
$0.00
100%
30" CMP
120.0
If
$39.00
$4,680
$4,680.00
$0.00
100%
24" CMP
140.0
If
$33.50
$4,690
$6,901.00
$0.00
147%
18" CMP
680.0
210.0
If
$29.00
$19,720
$13,920.00
$6,090.00
101%
15" CMP
300.0
60.0
If
$26.50
$7,950
$6,890.00
$1,590.00
107%
12" CMP
160.0
If
$24.50
$3,920
$3,920.00
$0.00
100%
42" FES
4.0
ea
$480.00
$1,920
$1,920.00
$0.00
100%
Gould Construction, Inc.
30 FES
1.0
ea
$260.00
$260
$260.00
$0.00
100%
36" FES
4.0
93%
ea
$310.00
$1,240
$930.00
$0.00
75%
24" FES
6.0
69%
ea
$216.00
$1,296
$1,296.00
$0.00
00%
100°/-0-
18" FES
18"
12.0
5.0
ea
$190.00
$2,280
$1,140.00
$950.00
92%
15" FES
2.0
ea
$150.00
$300
$300.00
$0.00
100%
1.0
ea
$100.00
$100
$100.00
$0.00
100%
12" FES
Curb Inlets
17.0
-5.0
ea
$1,650.00
S28,050
$36,300.00
-$8,250.00
100%
5' Dia drainage MH
2.0
ea
$1,800.00
$3,600
$3,600.00
$0.00
100%
8" & 10" same trench
4,379.0
If
$31.83
$139,384
$139,384.71
$0.00
100%
8" & 10" DIP Pipe (materials
4,379.0
If
$23.17
$101,461
$101,448.67
$0.00
100%
10" DIP
878.0
If
$28.87
$25,348
$25,358.45
$0.00
100%
10" DIP materials
878.0
If
$13.13
$11,528
$11,518.19
$0.00
100%
10" Valves
13.0
ea
$750.00
$9,750
$11,250.00
$0.00
115%
10" Bends
38.0
ea
$310.00
$11,780
$11,470.00
$0.00
97%
10" Tees
10.0
ea
$355.00
$3,550
$2,485.00
$0.00
70%
8" DIP
6,131.0
If
$19.96
$122,375
$109,480.60
$0.00
89%
8" DIP Pipe
6,131.0
If
$10.04
$61,555
$61,555.00
$0.00
100%
8" Snaplock
1,340.0
If
$39.30
$52,662
$22,794.00
$0.00
43%
8" Valves
22.0
ea
$550.00
$12,100
$13,200.00
$0.00
109%
8" Bends
52.0
ea
$270.00
$14,040
$14,580.00
$0.00
104%
8" Tees
13.0
ea
$305.00
$3,965
$2,745.00
$0.00
69%
8" Plugs
2.0
ea
$192.00
$384
$0.00
$0.00
0%
8" reducers
5.0
ea
$275.00
$1,375
$1,100.00
$0.00
80%
6" DIP
410.0
If
$28.00
$11,480
$10,495.00
$0.00
91%
6" valves
20.0
ea
$495.00
$9,900
$9,900.00
$0.00
100%
4" DIP
816.0
If
$25.00
$20,400
$17,875.00
$0.00
88%
4" valves
2.0
ea
$325.00
$650
$650.00
$0.00
100%
4" bends
3.0
ea
$220.00
$660
$660.00
$0.00
100%
Fire Hydrants
20.0
ea
$2,500.00
$50,000
$47,500.00
$0.00
95%
Water service
74.0
20.0
ea
$1,300.00
$96,200
$61,100.00
$26,000.00
91%
8" PVC (0-8')
1,960.0
ea
$26.00
$50,960
$13,382.20
$0.00
26%
8" PVC (8-12')
4,996.0
ea
$31.50
$157,374
$121,926.85
$0.00
77%
8" PVC (12-16')
2,740.0
ea
$37.00
$101,380
$108,505.40
$0.00
107%
8" PVC (16-20')
1,541.0
ea
$46.50
$71,657
$73,111.80
$0.00
102%
Restrained joint sewer
1,580.0
If
$8.60
$13,588
$7,387.40
$0.00
54%
TV Sewer line
11,237.0
$2.10
$23,598
$0.00
$0.00
0%
Manholes
50.0
ea
$2,000.00
$100,000
$91,000.00
$0.00
91%
X -Depth Manhole
244.2
of
$120.00
$29,298
$29,302.80
$0.00
100%
Sewer Service
74.0
ea
$1,400.00
$103.600
$92,050.00
$0.00
89%
147
V11 JIIG Vv. a.I
4" & 6" Forced Main
1.0
Is
$51,628.00
$51,628
$48,095.98
$0.00
93%
Forced main cleanouts
1.0
Is
$41,815.00
$41,815
$28,899.51
$0.00
69%
183 Lift Station
Lift Station
1.0
ea
$75,000.00
$75,000
$0.00
$0.00
0%
148 Off Site Water
10 DIP
1.0
Is
$105,934
$105,934
$105,180.63
$0.00
99%
225 Water Tank
200,000 gal tank
169 River Crossing
1.0
0.4
ea
$189,000
$189,000
$9,450.00
$75,600.00
45%
Gould Construction, Inc.
River Crossing
1.0
Isum
$176,760
$176,760.00
$0.00
100%
Water Capacity
Pump/chlorination stat.
1.0
0.05 ea
$150,000
$150,000
$15,000.00
$7,500.00
15%
Aid to Construction
Sleeving
1.0
0.91sum
$15,000.00
$15,000
$1,500.00
$13,500.00
100%
Gravel Crushing Cedit
18,566.0Itons
j 3.54
-$87,158.20
-65,724
Total 4,122,195 2,337,726.80 593,027.21 71%
Retainage
$206,109.75
2,131,617.05
Total Due this Request 593,027.21
JOHN A. THULSON
EDWARD MULHALL, JR.
SCOTT BALCOMB
LAWRENCE R. GREEN
TIMOTHY A. THULSON
LORI J. M. SATTERFIELD
EDWARD B. OLSZEWSKI
DAVID SANDOVAL
DENDY M. HEISEL
BALCOMB & GREEN, P.C.
ATTORNEYS AT LAW
P. O. DRAWER 790
818 COLORADO AVENUE
GLENWOOD SPRINGS, COLORADO 81602
VIA HAND DELIVERY TO:
Telephone: 970.945.6546
Facsimile: 970.945.9769
May 19, 2000
Mark Bean, Director
Garfield County Building and Planning Department
109 8'h Street, Suite 303
Glenwood Springs, CO 81601
Dear Mark:
OF COUNSEL'
KENNETH BALCOMB
RECEIVED MAY 1 9 2000
Re: Coryell Ranch and Midland Point Subdivisions
Coryell Ranch Company, LLC has now completed an additional portion of the subdivision
improvements associated with the Coryell Ranch and Midland Point Subdivisions. Coryell Ranch
Company would therefore like to obtain a partial release of its security for completion of subdivision
improvements, as provided in the Subdivision Improvements Agreement between Coryell Ranch
Company and the County.
We have enclosed for your consideration duplicate original letters from David M. Kotz, P.E.,
with Schmueser Gordon Meyer, certifying that work in the total amount of $593,027.00 has been
completed since the last reduction by Coryell Ranch Company. We have also prepared and enclose
herewith duplicate originals of an Acknowledgment of Partial Satisfaction of Subdivision
Improvements Agreement which will authorize the release of the amount of $593,027.00 from the
letter of credit previously posted by Coryell Ranch Company. The enclosed Acknowledgment forms
recite that the original Mesa National Bank letter of credit has been replaced by an Alpine Bank letter
of credit as approved by the Board on May 1, 2000.
We would greatly appreciate it if at your first opportunity you would present the
Acknowledgment of Partial Satisfaction of Subdivision Improvements Agreement forms to the
Board for the Chairman's signature, deliver one original to Mildred Alsdorf for recording, and the
other original to me, so that I can arrange for the appropriate release from the letter of credit. This
is the same procedure that we utilized for the previous partial release Coryell Ranch for subdivision
improvements.
BALCOMB & GREEN, P.C.
ATTORNEYS AT LAW
Mark Bean, Director
May 19, 2000
Page 2
Thank you very much for your attention to this matter. As always, please contact me if you
have any questions or concerns.
Very truly yours,
BALCOMB & GREEN, P.C.
By
LRG/bc
Encls
xc: Ian Hause/Donald L. Parris (w/encls.)
Bruce Robinson (w/encls.)
awrence R. Green
ACKNOWLEDGMENT OF PARTIAL SATISFACTION
OF SUBDIVISION IMPROVEMENTS AGREEMENT
AND APPROVAL OF SUBSTITUTION OF LETTER OF CREDIT
KNOW ALL MEN BY THESE PRESENTS, that:
WHEREAS, Coryell Ranch Company, LLC, a Colorado limited liability company, entered
into a Subdivision Improvements Agreement with the Board of County Commissioners of Garfield
County, Colorado (the "Board), dated January 10, 2000 and recorded January 18, 2000 in Book
1169, Page 325, as Reception No. 558139 of the Garfield County records for the improvement of
Coryell Ranch and Midland Point Subdivisions; and
WHEREAS, in accordance with the provisions of the Subdivision Improvements Agreement,
Coryell Ranch Company has posted an irrevocable standby letter of credit issued by Mesa National
Bank, Glenwood Springs, Colorado, in the original amount of $4,511,200.00; and
WHEREAS, Coryell Ranch Company has presented a certification from Schmueser Gordon
Meyer dated April 7, 2000 certifying that Coryell Ranch Company has completed subdivision
improvements associated with Coryell Ranch and Midland Point having an actual cost of
construction of $552,807.00, and requesting that based upon said certification the amount of the
aforesaid letter of credit be reduced by $552,807.00 which is the cost of the work completed as
detailed in said certification. This reduction will result in a remaining balance of the letter of credit
in the amount of $2,187,551.00.
WHEREAS, Coryell Ranch Company has requested that the letter of credit heretofore issued
by Mesa National Bank and deposited with the Garfield County Clerk be replaced by an irrevocable
standby letter of credit issued by Alpine Bank.
NOW, THEREFORE, at the request of Coryell Ranch Company, and in consideration of the
premises and prior agreements, the Board hereby acknowledges the partial satisfaction of the
Subdivision Improvements Agreement entered into by Coryell Ranch Company and the Board for
Coryell Ranch and Midland Point Subdivisions, and hereby authorizes the release of the security
from the above identified letter of credit in the total amount of $641,643.00, resulting in a remaining
balance in the letter of credit of $2,187,551.00. The Board further authorizes that the Mesa National
Bank letter of credit may be replaced with an irrevocable standby letter of credit issued by Alpine
Bank in the amount of $2,187,551.00 and the Garfield County Clerk is directed to return the Mesa
National Bank letter of credit to Coryell Ranch Company upon the deposit of a letter of credit issued
by Alpine Bank in said amount.
STATE OF COLORADO )
COUNTY OF GARFIELD )
ss
BOARD OF COUNTY COMMISSIONERS
OF GARFIELD COUNTY
By:
John Martin, Chairman
The above and foregoing document was acknowledged before me this day of
, 2000 by John Martin, as Chairman of the Board of County Commissioners
of Garfield County, Colorado.
Witness my hand and official seal.
Mildred Alsdorf, Garfield County Clerk
My commission expires:
My address is:
c:\wp-docs\LG\AG\Coryell\Docu mens\ ...4-31-00
Acknowledgment of Partial Satisfaction of Subdivision Improvements Agreement
Coryell Ranch Company LLC/Board of County Commissioners Page 2
(970) 945-1004
SCHMUESER _
FAX (970) 945-5948 GORDON MEYER - Glenwood Springs, CO 81601
Sr'M
ENGINEERS
SURVEYORS
118 West 6th, Suite 200
April 7, 2000
Mr. Mark Bean, Director
Garfield County Building and Planning Dept.
109 Eighth Street, Suite 303
Glenwood Springs CO 81601
RE: Coryell Ranch and Midland Point
Fifth Letter of Credit Reduction
Dear Mark:
On behalf of Coryell Ranch Company, LLC, Schmueser Gordon Meyer is requesting a partial
release of security as outlined in Section 3. SECURITY FOR IMPROVEMENTS, b. Partial
Releases of Security. The amount of reduction requested is $552,807, which corresponds
to Gould Construction's Pay Application No. 5 dated 4/05/00. A copy of their Pay Application
is attached.
Throughout the construction process, Schmueser Gordon Meyer has conducted periodic site
visits to observe construction practices and has participated in weekly construction meetings
with the contractor and owner's representatives. We have concluded that the total amount
requested in Gould Construction's Pay Application No. 5 ($583,660, less $30,853 retainage,
totals $552,807) is representative of the work performed and that work has been performed
in substantial compliance with the engineered plans, specifications, and the requirements of
the Subdivision Improvements Agreement. The $30,583 amount brings the total project
retainage to $206,110, an amount equivalent to five percent of the total project cost. No
additional retainage will be withheld in the future. The table on next page summarizes the
status of Letter of Credit and will be modified in future release requests.
April 7, 2000
Mr. Mark Bean
Page 2
Original Letter of Credit Amount
$4,511,200
Gould Construction Pay Application No. 1
$405,106
Gould Construction Pay Application No. 2
$345,852
First Reduction Request
- $ 750,958
Gould Construction Pay Application No. 3
$184,708
Second Reduction Request
- $ 184,708
Roaring Fork Aggregate Invoices 1002 & 1017
$193,533
Third Reduction Request
- $ 193,533
Gould Construction Pay Application No. 4
$641,643
Fourth Reduction Request
- $ 641,643
Gould Construction Pay Application No. 5
$552,807
Fifth Reduction Request
- $552,807
Letter of Credit Remaining Amount
$2,187,551
Please contact me if you have any questions, comments or require additional clarification of
this request.
Sincerely,
SCHMUESER GORDON MEYER, INC.
/7.-Y
David M. Kotz, P.E�
DMK:Iec/98081 d 10.pr5
Enclosures
SCHMUESER GORDON MEYER, INC
100%
147%
71%
5960.00 100%
vi vv.vv vv•vv 1:L1 JIv pt, VJIl
UUUL11 1,Un4J 1
Coryell Ranch Development
March Schedule of Values
Gould Construction. Inc.
0410512000
14002/004
Description
Total
Quantitiy
Quantity
this
Month
Units
Unit Price
Total
Completed
Previously
Comlete
this Month
Percent
complete
020 Bike Path
Bike Path
032 Curbing
5,065.0
550.0
If
$16.50
$83,573c-
513.00
83,573
50.00
$9,075.001 . 11%
Concrete Aprons
'Curb and Gutter
086 Roadside Irrigation
Irrigation Pump Station
6" Irrigation Piping
4" Irrigation Piping
4" valves and fittings
087 Irrigation Ditches
Diversion Structures
Concrete Head Walls
Rip Rap
Drainage Ditch
7,619A
1.0
180.0
3,555.0
8.0
8.0
2.0
220.0
2.0
2.0
sf
If
ea
If
If
ea
ea
ea
cy
If
513.00 } 599,047
$5.00
59,800
545,000.00
518.00
516.00
5200.00-
$2,200 00
0
$2,200.00
$4,100.00
$20.00
55.00
545,000
53,240
$56,880
51,600
$17,600
58,200
$0.00
50.00
$0.00
50.00
50.00
50.00
S6,600.00
50.00
$0.00
$0.00
$0.00
$0.00
50.00
50.00
$4,400.00
S4,400
$0
50.00
$0.00
58,200.00
S0.00
0%
0%
0%
0%
0%
0%
63%
100%
50.00
0%
049 Lake excavation
Pond 1
Pond 2
Pond 3
Pond liners
Berm Construction
L
174 Roads, Drainage & Utilities
Strip Topsoil
Silt fence
Excavation
Sgrade prep
Place Topsoil
35,441.0
43,410.0
10,000.0
470,000.0
88,000.0
CI 1 ABC
28,645.0
2,400.0
31,610.0
48,454.0
12,476.0
7,334.0
12, 524.0
32, 542.0
4,092.0
13,524.0
8,588.0
cy
cy
cy
sf
cy
cy
If
cy
sy
cy
51.50 553,162 561,341.00 511,001.00
51.50
$1.50
50.50
$2.00
$1.30
51.80
$3.00
51.20
54.75
565,115
515.000
5235,000-
$176,000
537.239
S4,320
594,830
558,145
S59,261
543,185.50
57,714.00
50.00
$95,180.00
549,139.20
53,870.00
571,538.00
50.00
50.00
518.786.00
50.00
50.00
565,084.00
55,319 60
50.00
540,572.00
50.00
540,793.00
42,533.0
13,865.0
ton
$4.50
5191,399
$0.00
$62,392.50
C16 ABC
3" Asphalt
Adj. manholes
Adj. valve boxes
36" Ultra Flow
36" UF tees
36" UF bends
42" CMP
36" CMP
30" CMP
24" CMP
18" CMP
15" CMP
12" CMP
15,655.0
4,568.0
38.0
52.0
ton
ton
2,080.0
3.0
5.0
120.0
310.0
120.0
140.0
680.0
300.0
160.0
2,080.0
3.0
5.0
120.0
310.0
60.0
136.0
480.0
260.0
160.0
ea
ea
If
$12.35
538.00
590.00
$42.00
$193,339
S173,584
53,420
$2,184
50.00
50.00
$0.00
50.00
ea
ea
If
If
If
If
If
If
If
$46.00
$2,180.00
52,543.00
548.00
542.00
$39.00
$33.50
S29.00
526.50
$24.50
595,680
56,540
$12,715
55,760
S13.020
54,680
54,690
S19,720
$7,950
$3,920
50.00
$0.00
S0.00
$6,720.00
136%
95%
51%
0%
91%
146%
90%
118%
69%
50.00
50.00
33%
$0.00
50.00
595,680.00
56,540.00
512,715.00
55,760.00
0%
0%
0%
0%
100%
100%1
100%
217%
50.00 513,020.00 100%
$2,340 00
$2,345.00
$0.00
$2,340.00
$4.556.00
$13,920.00
50.00 56,890.00 87%
30.00 33,920.00 100%
42" FES
4.0
2.0
ea
$480.00
$1,920
5960.00
u-uVO/ uu VO :1U r:LS. yI y4z 5..$ II GULL) (Uir'S1
Gould Construction, Inc.
4003/004
30 FES
36" FES
2
1
1
12" FES
Curb Inlets
5' Dia drainage MH
8" & 10" same trench
8" & 10" DIP Pipe (mate 4,379.0
1.0
ea
4.0
3.01ea
3260.00
$310.00
4" FES
6.0
6.01ea
3216.00
8" FES
12.01 6.Olea
5" FES
2.01 2.Otea
3190.00
3150.00
100°/ 1
5260 5260.00 $0.00 °
51,240 30.00 5930.00 75%
31,296 30 00 51, 296.00 100%
31,140.00 50%
32,2804 30.00
3300 ( 30.00 1 5300.00
1.0
1.01ea
17.0
17.0 ea
2.0
2.01 ea
4.379.0
1f
If
10" DIP
10" DIP materials
878.0
878.0
10" Valves
10" Bends
10" Tees
13.0
If
If
ea
$100.00
100%
$1001 30.004 3100.00
100%
31,650.00 I 528,050 58,250.00 528,050.00 129%
31,800.00 53,600 30.00 $3,600.00 100%
$31.83 3139,384 3139,384.71 50.00 100%
523.17 3101,461 3101,448.67 $0.00 100%
528.87 525.348 325,358.45 30.00 100%
513.13 $11,528 311,518.19 50.00 100%
3750.00 $9,750 511,250.00 30.00 115%
38.0
ea
3310.00 $11,780 511,470.001 30.00
10.0
ea
$355.00 53,550
8" DIP
8" DIP Pipe
6,131.0
6131.0
645.0
If
If
97%
32,485.00 50.00
319.96 3122,375 396,606.40
510.04 561,555 561,555.00
70%
S12 874.20
30.00
89%
0
0
8" Snaplock
8" Valves
1,340.0
If
22.0
8" Bends
8" Tees
52.0
3.0
13.0
ea
ea
S39.30 S52,662 522,794.00
5550.00 312,100 311, 550.00
13.0
ea
8" Plugs
8" reducers
6" DIP
2.0
5.0
ea
ea
410.0
6" valves
4" DIP
20.0
120.0
5.0
If
ea
816.0
715.0
If
$270.00 514,040 511,070.00
3305.00 53,965 32,745.00
5192.00 3384 30.00
5275.00 31,375 51 100.00
528.00 311,480 57 ,135.00
3495.00 59,900 57425.00
525.00 520,400 30.00
4" valves
4" bends
2.0
3.0
Fire Hydrants
20.0
2.0
3.0
4.0
ea
ea
ea
$0.00
$1,650.00
53,510.00
30.00
5325.00 ' 5650 30.00
43%
109%
104%
50.00
69%
50.00
33, 360.00
0%
80%
32,475.00
317,875.00
3220.00 3660 50.00
32,500.00 350,000 S37,500.00
Water service
8" PVC (0-8')
74.0
35.0
ea
31,300.00 396,200 515,600.00
91%
100%
3650.00
5660.00
510,000.00
$45,500.00
1.960.0
26.0
ea
326.00 350,960 312,706.20
8" PVC (8-12')
4,996
8" PVC (12-16')
0
2.740.0
8" PVC (16-20')
1,541
0
ea
ea
ea
531.50 $157,374 3121,926.85
88%
100%
100%
95%
64%
5676.001 26°/
$37.00 $101,380 3108,505.40
S46.50 571,657 373,111.80
Restrained joint sewer
TV Sewer Zine
Manholes
1,580 0
540.0 If
58.60 313,588 52,743.40
11,237.0
50.0
X -Depth Manhole
Sewer Service
244.2
1.0 ea
of
$0.001 77%
$0.001 107°/
30.00
54,644.00
102%
54%
$2.10 523,598 30.00
$0.00
0%
52,000.00 S100,000 389,000.00
3120.00 529,2984 529,302.80
32,000.00
30.00
74.0
1.0 ea
31,400.00 3103,600
$90,650.00
51,400.00
91%
100%
89%
147 Off Site Sewer
4' & 6" Forced Main
Forced main cleanouts
183 Lift Station
Is 351,628.00 551,628
1.0 30.00% Is 541,815.001 $41,815
Lift Station
1 dJ
148 Off Site Water
LO DIP
225 Water Tank
ea
375,000 00
375,000
548,095.98
$16,355.01
50.00
$0.00
312,544.50
93°4
69%
50.00 0%
1.61 is
200,000 gal tank
169 River Crossing
1.0
3105,934
ea
5189,000
3105,934 3105,180.63
3189,000
59,450.00
50.00
50.00
99%1
5%4
VO:11 r:.i y U J -&Z 6J/1
River Crossing
VUL'LJ CONST
Gould Construction, Inc.
01 llsum
176,760
$176,760.00
004/00-t
so.00l 100%l
223 Water Capacity
Pump/chlorination stat. 1 1.0 0.11ea 1 $150,000 1 $150,000
005 Aid to Construction
{Sleeving J 1.01 0.11'sum 1$15,000.00 1 $15,000
'Gravel Crushing Cedit 1
$0.00
515,000.00 10%
$0.00
51,500.00 10%1
4,255.0{ons 1 4.701
Total 4,122,195 1,754,066.50 583,660.30 57%
467,159.70
-19,9991
Retainage[ 175.256.651 30,853.10
1,578,809.85
Total Due this Request 552,807.20
JOHN A. THULSON
EDWARD MULHALL, JR.
SCOTT BALCOMB
LAWRENCE R. GREEN
TIMOTHY A. THULSON
LORI J. M. SATTERFIELD
EDWARD B. OLSZEWSKI
DAVID SANDOVAL
DENDY M. HEISEL
BALCOMB & GREEN, P.C.
ATTORNEYS AT LAW
P. 0. DRAWER 790
818 COLORADO AVENUE
GLENWOOD SPRINGS, COLORADO 81602
VIA HAND DELIVERY TO:
Telephone: 970.945.6546
Facsimile: 970.945.9769
May 19, 2000
Mark Bean, Director
Garfield County Building and Planning Department
109 8th Street, Suite 303
Glenwood Springs, CO 81601
Dear Mark:
OF COUNSEL:
KENNETH BALCOMB
RE€EIVED MAY 1 9 2000
Re: Coryell Ranch and Midland Point Subdivisions
Coryell Ranch Company, LLC has now completed an additional portion of the subdivision
improvements associated with the Coryell Ranch and Midland Point Subdivisions. Coryell Ranch
Company would therefore like to obtain a partial release of its security for completion of subdivision
improvements, as provided in the Subdivision Improvements Agreement between Coryell Ranch
Company and the County.
We have enclosed for your consideration duplicate original letters from David M. Kotz, P.E.,
with Schmueser Gordon Meyer, certifying that work in the total amount of $593,027.00 has been
completed since the last reduction by Coryell Ranch Company. We have also prepared and enclose
herewith duplicate originals of an Acknowledgment of Partial Satisfaction of Subdivision
Improvements Agreement which will authorize the release of the amount of $593,027.00 from the
letter of credit previously posted by Coryell Ranch Company. The enclosed Acknowledgment forms
recite that the original Mesa National Bank letter of credit has been replaced by an Alpine Bank letter
of credit as approved by the Board on May 1, 2000.
We would greatly appreciate it if at your first opportunity you would present the
Acknowledgment of Partial Satisfaction of Subdivision Improvements Agreement forms to the
Board for the Chairman's signature, deliver one original to Mildred Alsdorf for recording, and the
other original to me, so that I can arrange for the appropriate release from the letter of credit. This
is the same procedure that we utilized for the previous partial release Coryell Ranch for subdivision
improvements.
4
BALCOMB & GREEN, P.C.
ATTORNEYS AT LAW
Mark Bean, Director
May 19, 2000
Page 2
Thank you very much for your attention to this matter. As always, please contact me if you
have any questions or concerns.
Very truly yours,
BALCOMB & GREEN, P.C.
By
LRG/bc
Encls
xc: Ian Hause/Donald L. Parris (w/encls.)
Bruce Robinson (w/encls.)
awrence R. Green
ACKNOWLEDGMENT OF PARTIAL SATISFACTION
OF SUBDIVISION IMPROVEMENTS AGREEMENT
KNOW ALL MEN BY THESE PRESENTS, that:
WHEREAS, Coryell Ranch Company, LLC, a Colorado limited liability company, entered
into a Subdivision Improvements Agreement with the Board of County Commissioners of Garfield
County, Colorado (the "Board), dated January 10, 2000 and recorded January 18, 2000 in Book
1169, Page 325, as Reception No. 558139 of the Garfield County records for the improvement of
Coryell Ranch and Midland Point Subdivisions; and
WHEREAS, in accordance with the provisions of the Subdivision Improvements Agreement,
Coryell Ranch Company posted an irrevocable standby letter of credit issued by Mesa National
Bank, Glenwood Springs, Colorado, in the amount of $4,511,200.00; and
WHEREAS, in accordance with that certain Acknowledgment of Partial Satisfaction of
Subdivision Improvements Agreement and Approval of Substitution of Letter of Credit approved
by the Board on May 1, 2000 and recorded in the records of Garfield County on May 2, 2000 as
Reception No. 562931 in Book 1185, Page 444 the balance of the aforesaid letter of credit was
reduced to $2,187,551.00 and Coryell Ranch Company has posted a new standby irrevocable letter
of credit issued by Alpine Bank in the amount of $2,187,551.00 to replace the Mesa National Bank
letter of credit which was returned and discharged upon deposit of the Alpine Bank letter of credit;
and
WHEREAS, Coryell Ranch Company has presented a certification from Schmueser Gordon
Meyer dated May 16, 2000 certifying that Coryell Ranch Company has completed subdivision
improvements associated with Coryell Ranch and Midland Point having an actual cost of
construction of $593,027.00, and requesting that based upon said certification the amount of the
aforesaid letter of credit be reduced by $593,027.00 which is the cost of the work completed as
detailed in said certification.
NOW, THEREFORE, at the request of Coryell Ranch Company, and in consideration of the
premises and prior agreements, the Board hereby acknowledges the partial satisfaction of the
Subdivision Improvements Agreement entered into by Coryell Ranch Company and the Board for
Coryell Ranch and Midland Point Subdivisions, and hereby authorizes the release of the security
from the above identified Alpine Bank letter of credit in the total amount of $593,027.00 which will
result in a remaining balance of said letter of credit in the amount of $1,594,524.00.
BOARD OF COUNTY COMMISSIONERS
OF GARFIELD COUNTY
By:
John Martin, Chairman
STATE OF COLORADO )
) ss
COUNTY OF GARFIELD )
The above and foregoing document was acknowledged before me this day of
, 2000 by John Martin, as Chairman of the Board of County Commissioners
of Garfield County, Colorado.
Witness my hand and official seal.
Mildred Alsdorf, Garfield County Clerk
My commission expires:
My address is:
c:\wp-docs LG1AG\Coryell\Documents\ .. 5.19.00
Acknowledgment of Partial Satisfaction of Subdivision Improvements Agreement
Coryell Ranch Company LLC/Board of County Commissioners Page 2
_ (970) 945-1004
FAX (970) 945-5948
SGM
SCHMUESER
GORDON MEYER
ENGINEERS
SURVEYORS
118 West 6th, Suite 200
Glenwood Springs, CO 81601
May 16, 2000
Mr. Mark Bean, Director
Garfield County Building and Planning Dept.
109 Eighth Street, Suite 303
Glenwood Springs CO 81601
RE: Coryell Ranch and Midland Point
Sixth Letter of Credit Reduction
Dear Mark:
On behalf of Coryell Ranch Company, LLC, Schmueser Gordon Meyer is requesting a partial
release of security as outlined in Section 3. SECURITY FOR IMPROVEMENTS, b. Partial
Releases of Security. The amount of reduction requested is $593,027, which corresponds
to Gould Construction's Pay Application No. 6 dated 05/05/00. A copy of their Pay
Application is attached.
Throughout the construction process, Schmueser Gordon Meyer has conducted periodic site
visits to observe construction practices and has participated in weekly construction meetings
with the contractor and owner's representatives. We have concluded that the total amount
requested in Gould Construction's Pay Application No. 6 ($593,027) is representative of the
work performed and that work has been performed in substantial compliance with the
engineered plans, specifications, and the requirements of the Subdivision Improvements
Agreement. Project retainage to date totals $206,110, an amount equivalent to five percent
of the total project cost. No additional retainage will be withheld in the future. The table on
next page summarizes the status of Letter of Credit and will be modified in future release
requests.
May 16, 2000
Mr. Mark Bean
Page 2
Original Letter of Credit Amount
$4,511,200
Gould Construction Pay Application No. 1
$405,106
Gould Construction Pay Application No. 2
$345,852
First Reduction Request
- $ 750,958
Gould Construction Pay Application No. 3
$184,708
Second Reduction Request
- $ 184,708
Roaring Fork Aggregate Invoices 1002 & 1017
$193,533
Third Reduction Request
- $ 193,533
Gould Construction Pay Application No. 4
$641,643
Fourth Reduction Request
- $ 641,643
Gould Construction Pay Application No. 5
$552,807
Fifth Reduction Request
- $ 552,807
Gould Construction Pay Application No. 6
$593,027
Sixth Reduction Request
- $ 593,027
Letter of Credit Remaining Amount
$1,594,524
Please contact me if you have any questions, comments or require additional clarification of
this request.
Sincerely,
SCHMUESER GORDON MEYER, INC.
David M. Kotz, P.E.
DMK:Iec/98081 d 10.pr6
Enclosures
SCHMUESER GORDON MEYER, INC
Coryell Ranch Development
Schedule of Values
L
Gould Construction, Inc.
5/5/00
Description
Total
Quantitiy
Quantity
this
Month
Units
Unit Price
Total
Completed
Previously
Comlete
this Month
Percent
complete
)20 Bike Path
)32
)86
Bike Path
5,065.0
1,200.0
If
$16.50
$83,573
$9,075.00
$19,800.00
35%
)87
Concrete Aprons
1,960.0
1,960.0
sf
$5.00
$9,800
$0.00
$9,800.00
100%
Curb and Gutter
7,619.0
7,619.0
If
$13.00
$99,047
$0.00
$99,047.00
100%
Irrigation Pump Station
1.0
ea
$45,000.00
$45,000
$0.00
$0.00
0%
6" Irrigation Piping
180.0
5,201.0
If
$18.00
$3,240
$0.00
$0.00
0%
4" Irrigation Piping
3,555.0
If
$16.00
$56,880
$0.00
$0.00
0%
4" valves and fittings
8.0
ea
$200.00
$1,600
$0.00
$0.00
0%
Diversion Structures
8.0
ea
$2,200.00
517,600
$11,000.00
$0.00
63%
Concrete Head Walls
2.0
5,201.0
ea
$4,100.00
$8,200
$8,200.00
$0.00
100%
Rip Rap
220.0
cy
$20.00
$4,400
$0.00
$0.00
0%
Drainage Ditch
470,000.0
If
$5.00
$0
$0.00
$0.00
0%
049 Lake excavation
Pond 1
35,441.0
cy
$1.50
$53,162
$72,342.00
$0.00
136%
Pond 2
43,410.0
5,201.0
cy
$1.50
$65,115
$61,971.50
$7,801.50
107%
Pond 3
10,000.0
cy
$1.50
$15,000
$7,714.00
$0.00
51%
Pond liners
470,000.0
sf
$0.50
$235,000
$0.00
$0.00
0%
Berm Construction
88,000.0
11,588.0
cy
$2.00
$176,000
$160,264.00
$23,176.00
104%
174 Roads, Drainage & Utilities
Strip Topsoil
28,645.0
cy
$1.30
$37,239-
$54,458 80
$0.00
146%
Silt fence
2,400.0
If
$1.80
$4,320
$3,870.00
$0.00
90%
Excavation
31,610.0
8,755.0
cy
$3.00
$94,830
$112,110.00
$26,265.00
146%
Sgrade prep
48,454.0
47,332.0
sy
$1.20
$58,145
$0.00
$56,798.40
98%
Place Topsoil
12,476.0
5,995.0
cy
$4.75
$59,261
$40,793.00
$28,476.25
CI 1 ABC
42,533.0
26,542.0
ton
$4.50
$191,399
$62,392.50
$119,439.00
117%
95%
CI 6 ABC
15,655.0
11, 582.0
ton
$12.35
$193,339
$0.00
$143,037.70
74%
3" Asphalt
4,568.0
ton
$38.00
$173,584
$0.00
$0.00
0%
Adj. manholes
38.0
12.0
ea
$90.00
$3,420
$0.00
$1,080.00
32%
Adj. valve boxes
52.0
25.0
ea
$42.00
52,184
$0.00
$1,050.00
48%
36" Ultra Flow
2,080.0
If
$46.00
$95,680
$95,680.00
$0.00
100%
36" UF tees
3.0
ea
$2,180.00
$6,540
$6,540.00
$0.00
100%
36" UF bends
5.0
ea
$2,543.00
$12,715
$12,715.00
$0.00
100%
42" CMP
120.0
If
$48.00
$5,760
$12,480.00
$0.00
217%
36" CMP
310.0
If
$42.00
$13,020
$13,020.00
$0.00
100%
30" CMP
120.0
If
$39.00
$4,680
$4,680.00
$0.00
100%
24" CMP
140.0
If
$33.50
$4,690
$6,901.00
$0.00
147%
18" CMP
680.0
210.0
If
$29.00
$19,720
$13,920.00
$6,090.00
101%
15" CMP
300.0
60.0
If
$26.50
$7,950
$6,890.00
$1,590.00
107%
12" CMP
160.0
If
$24.50
$3,920
$3,920.00
$0.00
100%
42" FES
4.0
ea
$480.00
$1,920
$1,920.00
$0.00
100%
Gould Construction, Inc.
30 FES
1.0
ea
$260.00
$260
$260.00
$0.00
100%
36" FES
4.0
ea
$310.00
$1,240
$930.00
$0.00
75%
24" FES
6.0
ea
$216.00
$1,296
$1,296.00
$0.00
100%
18" FES
12.0
5.0
ea
$190.00
$2,280
$1,140.00
$950.00
92%
15" FES
2.0
ea
$150.00
$300
$300.00
$0.00
100%
12" FES
1.0
ea
$100.00
$100
$100.00
$0.00
100%
Curb Inlets
17.0
-5.0
ea
$1,650.00
$28,050
$36,300.00
-$8,250.00
100%-
5' Dia drainage MH
2.0
ea
$1,800.00
$3,600
$3,600.00
$0.00
100%
8" & 10" same trench
4,379.0
If
$31.83
$139,384
$139,384.71
$0.00
100%
8" & 10" DIP Pipe (materials
4,379.0
If
$23.17
$101,461
$101,448.67
$0.00
100%
10" DIP
878.0
If
$28.87
$25,348
$25,358.45
$0.00
100%
10" DIP materials
878.0
If
$13.13
$11,528
$11,518.19
$0.00
100%
10" Valves
13.0
ea
$750.00
$9,750
$11,250.00
$0.00
115%
10" Bends
38.0
ea
$310.00
$11,780
$11,470.00
$0.00
97%
10" Tees
10.0
ea
$355.00
$3,550
$2,485.00
$0.00
70%
8" DIP
6,131.0
If
$19.96
$122,375
$109,480.60
$0.00
89%
8" DIP Pipe
6,131.0
If
$10.04
$61,555
$61,555.00
$0.00
100%
8" Snaplock
1,340.0
If
$39.30
$52,662
$22,794.00
$0.00
43%
8" Valves
22.0
ea
$550.00
$12,100
$13,200.00
$0.00
109%
8" Bends
52.0
ea
$270.00
$14,040
$14,580.00
$0.00
104%
8" Tees
13.0
ea
$305.00
$3,965
$2,745.00
$0.00
69%
8" Plugs
2.0
ea
$192.00
$384
$0.00
$0.00
0%
8" reducers
5.0
ea
$275.00
$1,375
$1,100.00
$0.00
80%
6" DIP
410.0
If
$28.00
$11,480
$10,495.00
$0.00
91%
6" valves
20.0
ea
$495.00
$9,900
$9,900.00
$0.00
100%
4" DIP
816.0
If
$25.00
$20,400
$17,875.00
$0.00
88%
4" valves
2.0
ea
$325.00
$650
$650.00
$0.00
100%
4" bends
3.0
ea
$220.00
$660
$660.00
$0.00
100%
Fire Hydrants
20.0
ea
$2,500.00
$50,000
$47,500.00
$0.00
95%
Water service
74.0
20.0
ea
$1,300.00
$96,200
$61,100.00
$26,000.00
91%
8" PVC (0-8')
1,960.0
ea
$26.00
$50,960
$13,382.20
$0.00
26%
8" PVC (8-12')
4,996.0
ea
$31.50
$157,374
$121,926.85
$0.00
77%
8" PVC (12-16')
2,740.0
ea
$37.00
$101,380
$108,505.40
$0.00
107%
8" PVC (16-20')
1,541.0
ea
$46.50
$71,657
$73,111.80
$0.00
102%
Restrained joint sewer
1,580.0
If
$8.60
$13,588
$7,387.40
$0.00
54%
TV Sewer line
11,237.0
$2.10
$23,598
$0.00
$0.00
0%
Manholes
50.0
ea
$2,000.00
$100,000
$91,000.00
$0.00
91%
X -Depth Manhole
244.2
of
$120.00
$29,298
$29,302.80
$0.00
100%
Sewer Service
74.0
ea
$1,400.00
$103,600
$92,050.00
$0.00
89%
147 Off Site Sewer
4" & 6" Forced Main
1.0
Is
$51,628.00
$51,628
$48,095.98
$0.00
93%
Forced main cleanouts
1.0
Is
$41,815.00
$41,815
$28,899.51
$0.00
69%
183 Lift Station
Lift Station
1.0'
ea
$75,000.00
$75,000
$0.00
$0.00
0%
148 Off Site Water
10 DIP
1.0
Is
$105,934
$105,934
$105,180.63
$0.00
99%
225 Water Tank
200,000 gal tank
1.0
0.4
ea
$189,000
$189,000
$9,450.00
$75,600.00
45%
169 River Crossing
A
223
005
Gould Construction, Inc.
River Crossing
1.0
_ $176,760
$176,760.00
$0.00
100%
Water Capacity
_Isum
Pump/chlorination stat.
1.0
0.05 ea
$150,000 $150,000
$15,000.00
$7,500.00
15%
Aid to Construction
Sleeving
1.0
0.9 Isum
$15,000.00 _ $15,000
$1,500.00
$13,500.00
100%
Gravel Crushing Cedit
18,566.0 tons
3.54
_ -$87,158.20
-65,724
Total 4,122,195 2,337,726.80 593,027.21 71%
Retainage
$206,109.75
2,131,617.05
Total Due this Request 593,027.21
JOHN A. THULSON
EDWARD MULHALL, JR.
SCOTT BALCOMB
LAWRENCE R. GREEN
TIMOTHY A. THULSON
LORI J. M. SATTERFIELD
EDWARD B. OLSZEWSKI
DAVID SANDOVAL
DENDY M. HEISEL
BALCOMB & GREEN, P.C. /l ,�ir
ATTORNEYS AT LAW PR
2
P. 0. DRAWER 790
818 COLORADO AVENUE
GLENWOOD SPRINGS, COLORADO 81602
VIA HAND DELIVERY TO:
Telephone: 970.945.6546
Facsimile: 970.945.9769
April 21. 2000
Mark Bean, Director
Garfield County Building and Planning Department
109 8'h Street, Suite 303
Glenwood Springs, CO 81601
Re: Coryell Ranch and Midland Point Subdivisions
Dear Mark:
OF COUNSEL:
KENNETH BALCOMB
Coryell Ranch Company, LLC has now completed an additional portion of the subdivision
improvements associated with the Coryell Ranch and Midland Point Subdivisions. Coryell Ranch
Company would therefore like to obtain a partial release of its security for completion of subdivision
improvements, as provided in the Subdivision Improvements Agreement between Coryell Ranch
Company and the County.
We have enclosed for your consideration an original letter from David M. Kotz, P.E., with
Schmueser Gordon Meyer, certifying that work in the total amount of $552,807.00 has been
completed to date by Coryell Ranch Company. We have also prepared and enclose herewith
duplicate originals of an Acknowledgment of Partial Satisfaction of Subdivision Improvements
Agreement which will authorize the release of the amount of $552,807.00 from the letter of credit
previously posted by Coryell Ranch Company. This reduction will result in a balance in the letter
of credit in the amount of $2,187,551.00.
The Acknowledgment of Partial Satisfaction of Subdivision Improvements Agreement which
is enclosed herewith also indicates that the Board will approve the replacement of the existing Mesa
National Bank letter of credit with a letter of credit to be issued by Alpine Bank. I have spoken
about this matter with Don Deford, and although neither of us are aware of a provision in the Code
that requires the Board's approval to substitute one letter of credit for another, we both feel it is
appropriate to let the Board know that the substitution is occurring. Don and I therefore concluded
that the easiest way to do this would be to join a request for reduction with a request to allow the
existing letter of credit to be replaced by a new one, issued by a new bank.
200 '
BALCOMB & GREEN, P.C.
ATTORNEYS AT LAV
Mark Bean, Director
April 21, 2000
Page 2
We are hoping to have the new financing with Alpine Bank in place effective May 1, 2000.
We would thus greatly appreciate it if this matter could be placed on the Board's consent agenda for
that date. I will talk to you the first part of the week to see if this possible.
As always, thank you for cooperation.
Very truly yours,
BALCOMB & GREEN, P.C.
LRG/bc
Encls
xc: Don Deford, Esq. (w/encls.)
ACKNOWLEDGMENT OF PARTIAL SATISFACTION
OF SUBDIVISION IMPROVEMENTS AGREEMENT
AND APPROVAL OF SUBSTITUTION OF LETTER OF CREDIT
KNOW ALL MEN BY THESE PRESENTS, that:
WHEREAS, Coryell Ranch Company, LLC, a Colorado limited liability company, entered
into a Subdivision Improvements Agreement with the Board of County Commissioners of Garfield
County, Colorado (the "Board), dated January 10, 2000 and recorded January 18, 2000 in Book
1169, Page 325, as Reception No. 558139 of the Garfield County records for the improvement of
Coryell Ranch and Midland Point Subdivisions; and
WHEREAS, in accordance with the provisions of the Subdivision Improvements Agreement,
Coryell Ranch Company has posted an irrevocable standby letter of credit issued by Mesa National
Bank, Glenwood Springs, Colorado, in the original amount of $4,511,200.00; and
WHEREAS, Coryell Ranch Company has presented a certification from Schmueser Gordon
Meyer dated April 7, 2000 certifying that Coryell Ranch Company has completed subdivision
improvements associated with Coryell Ranch and Midland Point having an actual cost of
construction of $552,807.00, and requesting that based upon said certification the amount of the
aforesaid letter of credit be reduced by $552,807.00 which is the cost of the work completed as
detailed in said certification. This reduction will result in a remaining balance of the letter of credit
in the amount of $2,187,551.00.
WHEREAS, Coryell Ranch Company has requested that the letter of credit heretofore issued
by Mesa National Bank and deposited with the Garfield County Clerk be replaced by an irrevocable
standby letter of credit issued by Alpine Bank.
NOW, THEREFORE, at the request of Coryell Ranch Company, and in consideration of the
premises and prior agreements, the Board hereby acknowledges the partial satisfaction of the
Subdivision Improvements Agreement entered into by Coryell Ranch Company and the Board for
Coryell Ranch and Midland Point Subdivisions, and hereby authorizes the release of the security
from the above identified letter of credit in the total amount of $641,643.00, resulting in a remaining
balance in the letter of credit of $2,187,551.00. The Board further authorizes that the Mesa National
Bank letter of credit may be replaced with an irrevocable standby letter of credit issued by Alpine
Bank in the amount of $2,187,551.00 and the Garfield County Clerk is directed to return the Mesa
National Bank letter of credit to Coryell Ranch Company upon the deposit of a letter of credit issued
by Alpine Bank in said amount.
BOARD OF COUNTY COMMISSIONERS
OF GARFIELD COUNTY
By:
John Martin, Chairman
STATE OF COLORADO )
) ss
COUNTY OF GARFIELD )
The above and foregoing document was acknowledged before me this day of
, 2000 by John Martin, as Chairman of the Board of County Commissioners
of Garfield County, Colorado.
Witness my hand and official seal.
Mildred Alsdorf, Garfield County Clerk
My commission expires:
My address is:
c\wp-docs\LGV+G\Coryell\Documents\ ...4.31-00
Acknowledgment of Partial Satisfaction of Subdivision Improvements Agreement
Coryell Ranch Company LLC/Board of County Commissioners Page 2
. (970) 945-1004
FAX (970) 945-5948
ENGINEERS
SURVEYORS
Sr'M
SCHMUESER
GORDON MEYER
118 West 6th, Suite 200
Glenwood Springs, CO 81601
\
April 7, 2000
Mr. Mark Bean, Director
Garfield County Building and Planning Dept.
109 Eighth Street, Suite 303
Glenwood Springs CO 81601
RE: Coryell Ranch and Midland Point
Fifth Letter of Credit Reduction
Dear Mark:
On behalf of Coryell Ranch Company, LLC, Schmueser Gordon Meyer is requesting a partial
release of security as outlined in Section 3. SECURITY FOR IMPROVEMENTS, b. Partial
Releases of Security. The amount of reduction requested is $552,807, which corresponds
to Gould Construction's Pay Application No. 5 dated 4/05/00. A copy of their Pay Application
is attached.
Throughout the construction process, Schmueser Gordon Meyer has conducted periodic site
visits to observe construction practices and has participated in weekly construction meetings
with the contractor and owner's representatives. We have concluded that the total amount
requested in Gould Construction's Pay Application No. 5 ($583,660, less $30,853 retainage,
totals $552,807) is representative of the work performed and that work has been performed
in substantial compliance with the engineered plans, specifications, and the requirements of
the Subdivision Improvements Agreement. The $30,583 amount brings the total project
retainage to $206,110, an amount equivalent to five percent of the total project cost. No
additional retainage will be withheld in the future. The table on next page summarizes the
status of Letter of Credit and will be modified in future release requests.
April 7, 2000
Mr. Mark Bean
Page 2
Original Letter of Credit Amount
54,511,200
Gould Construction Pay Application No. 1
$405,106
Gould Construction Pay Application No. 2
$345,852
First Reduction Request
- $ 750,958
Gould Construction Pay Application No. 3
$184,708
Second Reduction Request
- $ 184,708
Roaring Fork Aggregate Invoices 1002 & 1017
$193,533
Third Reduction Request
- $ 193,533
Gould Construction Pay Application No. 4
$641,643
Fourth Reduction Request
- $ 641,643
Gould Construction Pay Application No. 5
$552,807
Fifth Reduction Request
- $552,807
Letter of Credit Remaining Amount
S2,187,551
Please contact me if you have any questions, comments or require additional clarification of
this request.
Sincerely,
SCHMUESER GORDON MEYER, INC.
,!.. 4 /./
David M. Kotz, P.E.
DMK:Iec/98081 d 10.pr5
Enclosures
SCHMUESER GORDON MEYER, INC
vv vV 1:1.1 OIV OYO UOI L
Coryell Ranch Development
March Schedule of Values
Description
020 Bike Path
Bike Path
032 Curbing
Total
Quantitiy
5,065.0
VUULU LU:vJl
Gould Construction, Inc.
550.0
Units
04/05/2000
Unit Price
$16.50
Total
Completed
Previously
$83,573 50.00
Comlete
this Month
41002/00-1
Percent
complete
59,075.00
11%
Concrete Aprons
Curb and Gutter
086 Roadside irrigation
Irrigation Pump Station
6" Irrigation Piping
4" Irrigation Piping
4" valves and fittings
087 Irrigation Ditches
049
174
Diversion Structures
1,960.0
7,619.0
1.0
180.0
3,555.0
8.0
8.0
sf
If
ea
2.0-
If
If
ea
ea
r
55.00 I 39,800
513.00 599,047
545, 000.00
318.00
516.00
5200.00
52,200.00
545,000'
53,240
$56,880
51,600
$17,600
30.00
50.00
50.00 $0.00
50.00
50.00
50.00
50.00
56,600.00
0%
0%
$0.001 0%
50.00
50.00
50.00
54,400.00
0%
0%
0%
63%
Concrete Head Walls
-Rip Rap
Drainage Ditch
2.0
220.0
2.0
ea
cy
If
$4,100.00
$20.00
55.00
38,200
34,400
50
50.00
50.00
$0.00
58,200.00
SO 00
50.00
100%
0%
^ Y
Pond 1
35,441.0
7,334.0
cy
51.50
553,162
361, 341.00
511,001.00
136%
Pond 2
43,410.0
12,524.0
cy
51.50
565,115
543,185.50
518.786.00'
95%
Pond 3
10,000.0
cy
51.50
515.000
57,714.00
$0.00
51%
Pond liners
470,000.0
sf
30.50
5235,000
50.00
50.00
0%
Berm Construction
88,000.0
32,542.0
cy
52.00
5176,000
$95,180.00
565,084.00
91%
Roads, Drainage & Utilities
Strip Topsoil
28,645.0
4,092.0
cy
$1.30
$37.239
349,139.20
55,319.60
146%
Silt fence
2,400.0
If
51.80
54,320
53,870.00
50.00
90%
Excavation
31.610.0 13,524.0
cy
33.00
394,830
371,538.00
$40,572.00
118%
Sgrade prep
48,454.0
sy
51.20
$58,145
50.00
50.00
0%
Topsoil
12,476.0 8,588.0
cy
54.75
559,261
50.00
540,793.00
69%
_Place
CI 1 ABC
42,533.0 13,865.0
ton
$4.50
5191,399
50.00
562,392.50
33%
Cl 6 ABC
15,655.0
ton
512.35
5193.339
50.00
30.00
0%
3" Asphalt
4,568.0
ton
538.00
5173,584
50.00
50.00
0%
Adj. manholes
38.0
ea
590.00
53,420
30.00
$0.00
0%
0%
Adj. valve boxes
52.0
ea
$42.00 $2,184
30.00
50.00
36" Ultra Flow
2,080.0 2,080.0
If
$46.00 $95,680
50.00
595,680.00
100%
36" UF tees
3.0 3.0
ea
$2,180.00 $6,540
$0.00
56,540.00
100%
S0.00
312,715.00
100%
36" UF bends
5.0 5.0
ea
52,543.00 512,715
42" CMP
120.0 120.0
If
348.00 $5,760
56,720.00
$5,760.00
217%
36" CMP_310.0
310.0
If
542.00 S13.020
50.00
513,020.00
100%
30" CMP
120.0 60.0
If
539.00154,680
52,340.00
32,340.00
100%
24" CMP
140.0 136.01f
533.50 S4,690
$2,345.00
54,556.00
147%
18" CMP
680.0 480.0
If
529.00_ 519,720
$0.00$13,920.00
71%
15" CMP
300.0 260.0
160.0 160.0
If
If
526.50 57,950
524.50 53,920
50.00 56,890.00
30.00 53,920.00
- 87%
100%
12" CMP
42" FES
4.0 2.0
ea
5480.00 31,920
5960.00 5960.00
100%
ea
645.0
17.0
2.0
v-i,VU/ vv VO iv rAa SIU V43 6,5 /1
bUULV
Gould Construction, Inc.
10003/004
3
36" FES
1
2
12" FES
Curb Inlets
5' Dia drainage MH
8" & 10" same trench
0 FES
1.0
ea
4" FES
4.0
6.0
3.0 ea
6.0 ea
8" FES
12.0 6.0 ea
$260.00 3260
$310.00 $1,240
5216.00
$190.00
51,296
52,280
5260.00
50.00
5" FES
2.0
2.0 ea
3" & 10" DIP Pipe (mate
10" DIP
10" DIP materials
10" Valves
10" Bends
10" Tees
8" DIP
8" DIP Pipe
8" Snaplock
8" Valves
8" Bends
8" Tees
1.0
1.0 ea
17.0
2.0
4,379.0
4,379.0
878.0
878.0
13.0
38.0
10.0
6,131.0
6.131.0
1,340.0
ea
If
If
If
If
ea
ea
ea
If
If
If
5150.00 5300
5100.00
$1,650.00
31,800.00
$31.83
523.17
528.87
513.13
5750.00
5310.00
3355.00
$19.96
510.04
539.30
$100
328,050
53,600
3139,384
5101,461
S25.348
511,528
39,750
311,780
$3,550
5122,375
261,555
552,662
22.0
3.0 ea
5550.00
$0.00
$0.00
$0.00
50.00
�u.uu
3930.00
100%1
75%
31,296.00
31,140.00
3300.00
5100.00
38,250.00
50.00
5139,384.71
5101,448.67
525,358.45
311,518.19
511,250.00
311,470.00
52,485.00
396,606.40
561,555.00
528,050.00
$3,600.00
30.00
30.00
50.00
100%
50%
100%
100%
129%
100%
100%
100%
100%
30.00
30.00
50.00
30.00
312,874.20
50.00
322,794.00
512,100 511,550.00
$0.00
31,650.00
52.0 13.0 ea
13.0
ea
8" Plugs
8" reducers
6" DIP
2.0
5.0
ea
ea
410.0 120.0 If
5270.00
5305.00 $3,965 52,745.00 50.00 69%
S192.00 5384 30.00 30.00 0%1
31,100.00 50.00 80%
514,040 311,070.00
100%
115%
97%
70%
89%
100%
43%
109%
53,510.00 104%
3275.00 31,375
6" valves
4" DIP
20.0
5.0 ea
528.00 511,480 37,135.00 53,360.00
91%
5495.00 59,900 $7.425.00 52,475.00
816.0 715.0 If
4" valves
4" bends
2.0
2.0 ea
325.00 520,400 $0.00 517,875.00
$325.00
100%
88%
3650 50.00 5650.00
100%
Fire Hydrants
3.0
20.0
3.0
4.0
ea
ea
5220.00 3660 30.00
3660.00
100%
52,500.00 550,000 537,500.00
Water service
74.0 35.0
8" PVC (0-8')
1,960.0 26.0
ea
ea
31,300.00 $96,200 215,600.00
326.00 $50,960 $12,706.20
8" PVC (8-12')
4,996.0
8"PVC(12-16
2.740.0
ea
ea
S31.50 3157,374 $121,926.85
510,000.00
345,500 00
95%
S676.00
337.00 5101,380 5108,505.40
8" PVC (16-20')
1,541.0
ea
Restrained joint sewer
N Sewer line
Manholes
1,580.0 540.0
If
S46.50 571,657 573,111.80
50.00
64%
26°A
50.00
58.60 513,588 52,743.40
11.237.0
50.0
1.0
ea
32.10 523,598 30.00
32,000.00 S100,000 589,000.00
X -Depth Manhole
Sewer Service
244.2
of
74.0
1.0
ea
5120.00 529,298 529,302.80
50.00
77%
107°A
102°/
54,644.00
54%
50.00
52,000.00
0°)
91I
51,400.00 5103,600 590,650.00
$0.00
31,400.00
100°
895
0
0
147 Off Site Sewer
4" & 6" Forced Main
Forced main cleanouts
183 Lift Station
Lift Station
148 Off Site Water
1.0
10 DIP
225 Water Tank
1.0
1.0
1.0
30.00%
Is
Is
ea
1ls
551,628.00
541,815.00
575,000 00
$105,934__
551,628 548,095.98 30.00 93%
541,815 516,355.01 512,544.50 69%1
575,000
5105,934
30.00
5105,180.63
200,000 gal tank y 1.0
169 River Crossing
ea
$189,000
5189,000
30.00
50.00
59,450.00
30.00
0%
99%
5%i
V4/UO/VV U0:11 rab ulu 214D OJ/1
River Crossing J 1.0
GUULll CONST
Gould Construction, Inc.
,lsum
223 Water Capacity
1Pump/chlorination stat. I 1.0
005 Aid to Construction
Sleeving
`Gravel Crushing Cedit
0.1Iea
5176,760
5150,000T $150,000
1.0
0.1
4,255.0
Isum 1$15,000.00_
tons
4.70
515,000
$176,760.00
50.00
50.00
467,159.70
$0.00
515,000.00
IJ004/004
100%1
10%
51,500.001 10%
-19,999
Total 4,122,195 1,754,066.50 583,660.30 57%
Retainage 175,256.65 • 30,853.10
1,578,809.85
Total Due this Request 552,807.20
} 1211111e K } 11 1111 < i. } .11
T
A
4
NOTICE TO CUSTOMERS
THE PURCHASE OF AN INDEMNITY SONO WILL 8E
REQUIRED BEFORE ANY OFFICIAL CHECK OF THIS
BANK WILL BE REPLACED OR REFUNDED IN THE
EVENT IT IS LOST. MISPLACED OR STOLEN.
REMITTER
Coryell Ranch Company, LLC
'r -
TO
THE
ORDER
1
MNB
0298
Mesa National Bank
131041
131 N. Sixth St. (970) 242-5211
Grand Junction, CO 81501 January 14, 2000
VOID IF NOT PRESENTED FOR PAYMENT WITHIN ONE YEAR OF ISSUE GATE DATE ` J
Garfield County Treasurer
r� 11 1... ...; i. 1 1' I ,:,,.; d;'... I;,.II 4;..J' d' i ,
22-1676
960
$!**32,664.09*#
THIS DOCUMENT HAS AN ARTIFICIAL WATERMARK PRINTED ON THE BACK THE FRONT OF THE DOCUMENT HAS A MICRO -PRINT SIGNA
OFFICIAL CHECK
Issued By: Travelers Express Company, Inc.
Drawee: Firstar Bank of Minnesota. N.A., St. Paul, MN
-5e-"Q ' !1' L3 L04 LP 1:0960 /67651:0 L600 /036 03611'
DOLLARS
' A COPY.
IIP
•
771=, 41
• Ti ♦TT�� ;
4,
-. 4
.l. le Milli
▪ Llrr• K - . ... 1 - t TPi1-f
NOTICE TO CUSTOMERS
THE PURCHASE OF AN INDEMNITY BOND WILL 8E
REQUIRED BEFORE ANY OFFICIAL CHECK OF THIS
SANK WILL 8E REPLACED OR REFUNDED IN THE
EVENT IT IS LOST. MISPLACED OR STOLEN.
REMITTER
Coryell Ranch Company, LLC
':TO
THE
ORDER
1
M-13
.�'. •4W*
}
0298
Mesa National Bank
131 N. Sixth St. (970) 242-5211
Grand Junction, CO 81501
VOID IF NOT PRESENTED FOR PAYMENT WITHIN ONE YEAR OF ISSUE DATE
Carf i P1 d Ccmnt-y Treannrer
131042
DATE January 14, 2000
I $
.1.11. 1. I i 1111
if1„1 1.11 l j 4n11• IIIIrI d: u . VI.11
/1 l
11, Ili,,.. 1., • 1
22.1676
960
/**30,249.72*A
LLARS
THIS DOCUMENT HAS AN ARTIFICIAL WATERMARK PRINTED ON THE BACK. THE FRONT OF THE DOCUMENT HAS A MICRO -PRINT SIGNATURE LINE BSENCE OF THE5 FEATURES WILL INDIC. ' A COPY.
ESA AT ONAI. B
O SIGNAT.r ed •
erMil
OFFICIAL CHECK
Issued By: Travelers Express Company. Inc.
Drawee: Firstar Bank of Minnesota, N.A., St. Paul, MN
II' L3L04211■ 1:0960L67651:0/600L0365
ry
iFct-7kailinki na.aiiMiltrUenantaOIIIMM:=M•Mmanssaii C CEIMisasa /1/2710iinHannt•CC111��w1a,SINCt.7117111111,
JOHN A. THULSON
EDWARD MULHALL. JR.
SCOTT BALCOMB
LAWRENCE R. GREEN
TIMOTHY A. THULSON
LORI J. M. SATTERFIELO
EDWARD B. OLSZEWSKI
DAVID SANDOVAL
DENDY M. HEISEL
JEFFERSON J. CHENEY
BALCOMB & GREEN, P.C.
ATTORNEYS AT LAV
P. 0. DRAWER 790
818 COLORADO AVENUE
GLENWOOD SPRINGS, COLORADO 81602
Telephone: 970.945.6546
Facsimile: 970.945.9769
January 18, 2000
VIA CERTIFIED RETURN RECEIPT REQUESTED TO:
Ron Leach, Chief
Carbondale & Rural Fire Protection District
300 Meadowood Drive
Carbondale, CO 81623
Re: Corvell Ranch and Midland Point Subdivisions
Dear Ron:
OF COUNSEL:
KENNETH BALCOMB
I am enclosing with this letter a check made payable to the Carbondale & Rural Fire Protection
District in the amount of $24,408.00. This check is being sent to you in payment of the Fire District
Impact Fees which Garfield County required the developer of the Coryell Ranch and Midland Point
Subdivisions to pay in the Subdivision Improvements Agreement for such Subdivisions approved and
executed by the County on January 10, 2000. The fee was calculated based upon the District's $339.00
per dwelling unit impact fee, times 72 dwelling units approved for both Subdivisions.
Should you have any questions about this matter, please do not hesitate to contact me.
Very truly yours,
BALCOMB & GREEN, P.C.
LRG/bc
Encls.
xc: Robert B. Emerson, Esq.
Mark Bean
Donald L. Parris
Lawrence R. ree
RECEIVED JAN 1 92000
JOHN A. THULSON
EDWARD MULHALL. JR.
SCOTT BALCOMB
LAWRENCE R. GREEN
TIMOTHY A. THULSON
LORI J. M. SATTERFIELD
EDWARD B. OLSZEWSKI
DAVID SANDOVAL
DENDY M. HEISEL
JEFFERSON J. CHENEY
BALCOMB & GREEN, P.C.
ATTORNEYS AT LAW
P. 0. DRAWER 790
818 COLORADO AVENUE
(;I.b;\Ns'OOD SPRINGS, COLORADO 81602
VIA HAND DELIVERY TO:
Telephone: 970.945.6546
Facsimile: 970.945.9769
February 15, 2000
Mark Bean, Director
Garfield County Building and Planning Department
109 8`h Street, Suite 303
Glenwood Springs, CO 81601
Re: Coryell Ranch and Midland Point Subdivisions
Dear Mark:
OF COUNSEL:
KENNETH BALCOMB
Coryell Ranch Company, LLC has now completed a substantial portion of the subdivision
improvements associated with the Coryell Ranch and Midland Point Subdivisions. Coryell Ranch
Company would therefore like to obtain a partial release of its security for completion of subdivision
improvements, as provided in the Subdivision Improvements Agreement between Coryell Ranch
Company and the County.
We have enclosed for your consideration three original letters from David M. Kotz, P.E.,
with Schmueser Gordon Meyer, certifying that work in the total amount of $1,129,198.00 has been
completed to date by Coryell Ranch Company. We have also prepared and enclose herewith
duplicate originals of an Acknowledgment of Partial Satisfaction of Subdivision Improvements
Agreement which will authorize the release of the amount of $1,129,198.00 from the letter of credit
previously posted by Coryell Ranch Company.
We would greatly appreciate it if at your first opportunity you would present the
Acknowledgment of Partial Satisfaction of Subdivision Improvements Agreement forms to the
Board for the Chairman's signature, deliver one original to Mildred Alsdorf for recording, and the
other original to me, so that I can arrange for the appropriate release from the letter of credit. This
is the same procedure that we have utilized for partial releases for subdivision improvements
agreements associated with Aspen Glen.
GARFIELD COUNTY
PLANNING DEPARTMENT
109 8TH ST. - SUITE 303
GLENWOOD SPRINGS, CO 8101
RECEIVED FEB 1 2000
BALCOMB & GREEN, P.C.
ATTORNEYS AT LAW
Mark Bean, Director February 15, 2000
Page 2
Thank you very much for your attention to this matter. As always, please contact me if you
have any questions or concerns.
LRG/bc
Encls
xc: Ian Hause
Dave Kotz
John Stelzriede
Very truly yours,
BALCOMB & GREEN, P.C.