The URL can be used to link to this page

Home My WebLink About4.0 CorrespondenceENGINEERS SURVEYORS SG M= (303) 945-1004 FAX (303) 945-5948 SCHMUESER GORDON MEYER -- August 30, 1993 Mr. Mark Bean, County Planner Garfield County Building, Sanitation and Planning Department 109 Eighth Street, Suite 303 Glenwood Springs, CO 81 601 RE: Wooden Deer Dear Mark: d Avenue , Suite 2E Springs , CO 81601 Please find attached hereto a request for parti al release from Subdivision Improvement Agreement. The total amount of this partial relea se request $94,000 . Please call me if you have any questions. Sincerely, SCHMUESER GORDON MEYER, INC. WOODEN DEER SUBDIVISION GARFIELD COUNTY PARTIAL RELEASE FROM SUBDIVISION IMPROVEMENT AGREEMENT Work completed as of August 15, 1993 Percent Contract Previous Item Com12lete Amount Request 1. EXCAVATION -EARTH WORKS CONSTRUCTION 44 $ 325,000 $ 166,070 -Clear and grub 100 9,500 9,500 -Earthwork 91 94,350 86,000 -Aggregate base course 10 49,000 5,000 -Fire protection tanks 100 20,000 20,000 -Tank pad preparation -o-5,600 -0- -Culvert 100 8,570 8,570 -Electrical/telephone trench 30 26,000 8,000 -Water distribution system 26 112,000 30,000 2. CHIP AND SEAL -GMCO -0-$ 25,000 -0- 3. ELECTRIC -HOLY CROSS -0-$ 52,300 -0- 4. TELEPHONE -U.S. WEST -0-$ 20,000 -0- 5. ADDITIONAL WATER SYSTEM COMPONENTS -Main storage tank -Doughty Steel -o-$ 34,662 -o- -Pllllp house -Jamie Arnold -0-10,000 -0- -Pllllp house equipment -Raun Samuelson -0-10,000 -o- 6. LANDSCAPING -0-$ 10,000 -0- Total release request 61~q82. oo less previous request Total Release This Request Current Request $ 94,000 -o- -o- -0- -o- -o- -o- $18,000 $76,000 -o- -0- -0- -o- -0- -o- $261,070 166,070 $ 94,000 All improvements have been made according to specifications submitted to and approved by Garfield County. 911471eq.2 CARBONDALE LAND c/o August 24, 1993 Garfield County Planning Off ice David Michaelson 109 8th Street Suite 303 Glenwood Springs, Colorado 81601 DEVEL RE: Amendment of Wooden Deer "Subdivision Improvement Agreement" Dear Dave, I am writing to request an amendment to the Subdivision Improvement Agreement ("SIA") for the Wooden Deer Subdivision dated December 7, 1992 and recorded in Garfield County in Book 851 Pages 18 through 26, December 29, 1992. The SIA requires full completion of the improvements " ... on before one (1) year from the date of recording of the Final Plat ... " which took place on December 7, 1992, as Reception Number 441908 . The amendment requested is related to the chip and sealing of the subdivision road way. I would like to have until June 30, 1994 to complete this final element of the construction. The Letter of Credit from Alpine Bank of Carbondale would remain in place in the amount of $28,000 to cover the funding requirements for this portion of the construction (the amount specified in the SIA for chip and seal). The chip and seal is the only aspect of the construction of the subdivision covered by this requested amendment to the SIA. The reasons for this requested amendment are: first, we intended to complete a majority of the subdivision road work during the 1992-3 winter. This would have given the roadway the spring and summer to settle and the chip and seal would have been put 1n around now. Needless to say last winter was not a good time to build a road so work was postponed until this spring and summer. Second, I want to lay the chip and seal at the best time from a construction perspective. I could still get it in before December 7 as required, but I feel that the quality of the work is important and I would hate to lay it in bad weather or before the road way had a chance to settle a little bit. And third, there is a chance that up to six homes will be started before June of 1994. If it 1s possible to avoid putting that mu ch construction traffic on the roadway all the better. Also, jus t avoiding the natural wear and tear that tying 1n a driveway causes is a positive justification AMENDMENT TO SUBDIVISION I MPROVEMENTS AGREEMENT FOR WOODEN DEER SUBDIVISION THIS AGREEMENT made and entered into this 1993, by and bet ween Carbondale Corporation, a Colorado Corporation ("CLDC") and the Commissioners of Garfield County, Colorado ("County"), WITNESS ETH: day of Land Development Board of County WHEREAS, CLDC is the subdivider of certain real property located in Garfield County, Colorado, more particularly des c ribed on the Plat for "Wooden Deer Subdivision" as filed for record in the office of the Clerk and Recorder for said Garfield County in Book 849 at Page 78, recorded December 7, 1992; WHEREAS, an Agreement dated December 7, 1992 and recorded in Book 851 Page 18 as Reception Number 442635 on December 21, 1992, between CLDC and the County ("Subdivision Improvements Agreement"), was executed as a condition of the issuance of Final Plat Approval of the Wooden Deer Subdivision; WHEREAS, in order to assure the completion of the improvements described in the Subdivision Improvements Agreement CLDC has obtained a Letter of Credit from the Alpine Bank of Carbondale, Colorado, in favor of Garfield County which will permit the County to draw down fun ds from such credit source in amounts set forth in said Subdivision Improvements Agreement to complete the improvements allocated to such funds should CLDC fail to complete such improvements by December 7, 1993 {the "L etter of Credit"). WHEREAS, CLDC now desires to amend the date by which the Chip and Seal of the roadway must be completed from December 7, 1993 to June 30, 1994; WHEREAS, the County is to allow such an extension; and WHEREAS, the parties desire to amend the previously approved Subdivision Improvements Agreement to allow for such an extension. NOW, THEREFORE, for and in consideration 'of the following mutual promises a nd the following mutual covenants and agr e ements th e parties hereb y agree as follows: 1. As set forth in the present Subdivision Improvem e nt s Agreem e nt CLDC shall adhere to the completion deadline s as s p ecified in said Agreement for all of the infrastructural ele ment s id entifi ed except the "Chip and Seal" element which ha s a corres pon din g fundin g requirement in the Letter of Credit of $28,000.00 . Upo n full execution of this amendmen t th e new completion d eadlin e for th e Chip and Seal shall be June 30, 1994. 2. That not later than the date of execution of this Agreement, C LD C shall deliver to the County an extension on the existing Le tt e r of Credit acceptable to the County, issued by the Alpine Bank of Carbondale, in the amount of $28,000.00. 3. In all other respects, all term s, conditions and agreements of the Subdivision Improvements Agr ee ment shall remain unaltered and in full force and effect. ATTEST: Secretary ATTEST: Clerk to the Board CARBONDALE LAND DEVELOPMENT CORPORATION President BOARD OF COUNTY COMMISSIONERS OF GARFIEL D COUNTY, COLORADO Chairman