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01-19-1989 Eagle Bend Subdiv Improv Agreementr M E M 0 TO: Bill James FROM: Norm Wood -,6W DATE: January 19, 1989 RE: Eaglebend Subdivision - Reduction in Letter of Credit - Per Subdivision Agreement Inter - Mountain Engineering has requested commencement of the one year warranty period for public improvements and a reduction in the letter of credit held as security by the Town of Avon in accordance with the Eaglebend Subdivision Improvements Agreement. All work is substantially complete in accordance with the Subdivision Improvements Agreement and in general. conformance with approved plans and specifications. Minor items to be completed when weather permits include painting bridge guardrail extensions, painting fence along railroad tracks and reseeding small area in front of fence. The Subdivision Improvements on all public improvements. of the original face amount amount was $113,952.00, with $45,595.00. RECOMMENDED ACTION Agreement provides for a one year warranty period The Letter of Credit may be reduced to 10 percent during this warranty period. This original face previous reductions leaving a current value of 1. Accept improvements required by Eaglebend Subdivision Improvements Agreement as substantially complete, effective January 1, 1989 with warranty period to extend through December 31, 1989. 2. Approve reduction in Letter of Credit to 100io' of original face amount or $11,395.20 for the warranty period in accordance with the Subdivision Improvements Agreement for Eagle bend Subdivision. (_1 nInter- Mountain '; 1 Engineering Ltd. January 6, 1989 Norm Wood Town of Avon Box 975 Avon, CO 81620 Re: Eaglebend Subdivision Improvements agreement Reduction in letter of credit Project No. V- 5182 -89 Dear Norm: The purpose of this letter is to request a reduction in the letter of credit held as security by the Town of Avon for the Eaglebend Subdi- vision improvements agreement, and for the commencement of the one -year warranty period. All of the required improvements have been completed except for the following: 1. Painting of the guardrail extensions on the bridge. 2. Painting of the fence. 3. Reseeding of the area in front of the fence. These items cannot be completed due to weather conditions. However, it is our feeling that they are minimal in nature and should not affect the warranty period. These items will be complete as soon as weather permits. The existing letter of credit is $45,595.00. We are requesting that this be reduced to 10% of the original letter of credit, or $11,395.00, as provided for in the improvements agreement. Thank you for your help. Sincerely, JferJey M. anel, P.E. .esid t JMS:cjn BOAqO. 94rt Kl ei nstei n 1420 Vance Street Avon, Colorado 81620 Lakewood, Colorado 80215 Phone: 232-0158 949 -5072 Denver 893 -1531 • nInter- Mountain Engineering Lta. NAY 1 5 193 May 11, 1989 Mr. Bill James Town Manager Town of Avon Box 975 Avon, CO 81620 Re: Eaglebend Project No. V- 5182 -89 Dear Bill: As you know, I represent the owners of the Eaglebend Subdivision and am writing this letter at the request of Mr. Arthur Kleinstein, the managing partner. We have heard that there have been inquiries concerning a possible rezoning of our property. This letter is to inform you that there is no contract to purchase this property, and no one has our consent to pursue any planning matters related to the property. We would appreciate being kept abreast of anything that is presented concerning this site. Sincerely, Mfery'-M,Spanel , P.E. P esi ent JMS:cjn Box No. 978 1420 Vance Street Avon, Colorado 81620 Lakewood, Colorado 80215 949 -5072 Denver 893 -1531 Phone: 232 -0158 nInter- teeringLtd. untain Eng March 31, 1989 Bill James Town Manager Town of Avon Box 975 Avon, CO 81620 Re: KanDen Group Eaglebend Subdivision Project No. V- 5182 -89 Dear Bill: As you know, I represent the Eaglebend Partnership, developers of the Eaglebend Subdivisions in the Town of Avon. Arthur Kleinstein, the managing partner, has instructed me to write you a letter to clarify the relationship between Eaglebend and the KanDen Group. The KanDen Group is represented by Mike Combs of Denver, George Birt of Kansas City, and their architect, Bill Hein of RNL Design. They have no affiliation with the Eaglebend Partnership. The KanDen Group, as a potential purchaser of a very large portion of the Eaglebend Subdivision, had been granted permission to make preliminary inquiries with the town to facilitate their feasibility study with regard to this potential purchase. As you know, the Vail Resort Association has formed a task force to study the shortage of affordable housing. The task force got wind of the KanDen Group's proposed project, and asked them to make a presen- tation to their group. Unfortunately, this presentation has led to additional meetings and discussions, and this portion of their study seem to have gotten ahead of itself. We have written a letter to the KanDen Group (copy enclosed) demanding that they immediately cease any public discussions or inquiries with respect to our property until such time as they have entered into a contract to purchase the property. We would also request that the town provide no further review of any proposed development on our property until we notify you in writing that they have our consent to proceed. Box No. 978 1420 Vance Street Avon, Colorado 81620 Lakewood, Colorado 80215 Phone: 232 -0158 949-5072 Denver 893 -1531 Bill James Town of Avon Page 2 March 31, 1989 I am very sorry for all of the problems which have arisen from this situation. However, neither Eaglebend nor Inter - Mountain Engi- neering, nor anyone affiliated with either, has had anything to do with this. We have worked very hard to create and maintain an open and close working relationship with the Town of Avon, and hope that this in no way will put this in jeopardy. Sincerely, ;Jef M. S panel, P.E. r dent JMS:cjn cc: Avon Town Council Norman Wood, P.E. Lynn Fritzlen Art Kleinstein KanDen Group • nInter- Mountain Engineering Ltd. March 31, 1989 Mike Combs Allstate Companies Suite 520 6580 Greenwood Plaza Englewood, CO 80111 George Birt KanDen Group 4515 Walnut Street Kansas City, MO 64111 Re: Eaglebend Project No. V- 5182 -89 Dear Sirs: As you know, I represent the Eaglebend Partnership. Mr. Arthur Kleinstein, managing partner of this group, has instructed me to write you a letter concerning the recent publicity surrounding your potential development of Filing No. 4. The premature release of your plans to the press has caused both Eaglebend and Inter - Mountain Engineering considerable embarrassment, and may have seriously jeopardized our credibility with the Town of Avon. I spent the entire day yesterday explaining in some form or another what happened. I heard from the Avon town manager, town engineer, and four of the seven members of the town council. You were granted permission to make some preliminary inquiries for your feasibility study only and you have far exceeded this. Kleinstein and the Town of Avon believe the comments reported in the Vail Daily mischaracterize the very preliminary nature of discussions regarding this property. We demand that you cease discussion or inquiry into the development of our property immediately. If you wish to pursue this project further, it will be necessary for you to enter into a purchase contract with Mr. Kleinstein. This contract must spell out not only the terms of purchase, but further, exactly how and when you will proceed with your planning efforts so as not to further jeopardize Eaglebend's relationship with the town. Box No. 978 1420 Vance Street Avon, Colorado 81620 Lakewood, Colorado 80215 949 -5072 Denver 893 -1531 Phone: 232 -0158 Mike Combs George Birt Page 2 March 31, 1989 f -� Should have have any questions about this matter, you may reach me at 303 -949 -5072 or Mr. Kleinstein at 416 - 630 -5002. JMS:cjn cc: Avon Town Council Bill James Norman Wood, P.E. Lynn Fritzlen Arthur Kleinstein Sincerely, 4Je fery M. Spanel, P.E. Vic P M. ent • nInter- Mountain Engineering Ltd. March 31, 1989 Bill James Town Manager Town of Avon Box 975 Avon, CO 81620 Re: KanDen Group Eaglebend Subdivision Project No. V- 5182 -89 Dear Bill: As you know, I represent the Eaglebend Partnership, developers of the Eaglebend Subdivisions in the Town of Avon. Arthur Kleinstein, the managing partner, has instructed me to write you a letter to clarify the relationship between Eaglebend and the KanDen Group. The KanDen Group is represented by Mike Combs of Denver, George Birt of Kansas City, and their architect, Bill Hein of RNL Design. They have no affiliation with the Eaglebend Partnership. The KanDen Group, as a potential purchaser of a very large portion of the Eaglebend Subdivision, had been granted permission to make preliminary inquiries with the town to facilitate their feasibility study with regard to this potential purchase. As you know, the Vail Resort Association has formed a task force to study the shortage of affordable housing. The task force got wind of the KanDen Group's proposed project, and asked them to make a presen- tation to their group. Unfortunately, this presentation has led to additional meetings and discussions, and this portion of their study seem to have gotten ahead of itself. We have written a letter to the KanDen Group (copy enclosed) demanding that they immediately cease any public discussions or inquiries with respect to our property until such time as they have entered into a contract to purchase the property. We would also request that the town provide no further review of any proposed development on our property until we notify you in writing that they have our consent to proceed. Box No. 978 1420 Vance Street Avon, Colorado 81620 Lakewood, Colorado 80215 949 -5072 Denver 893 -1531 Phone: 232 -0158 Bill James Town of Avon Page 2 March 31, 1989 I am very sorry for all of the problems which have arisen from this situation. However, neither Eaglebend nor Inter - Mountain Engi- neering, nor anyone affiliated with either, has had anything to do with this. We have worked very hard to create and maintain an open and close working relationship with the Town of Avon, and hope that this in no way will put this in jeopardy. Sincerely, ;Jef M. S panel, P.E. r dent JMS:cjn cc: Avon Town Council Norman Wood, P.E. Lynn Fritzlen Art Kleinstein KanDen Group • Inter - Mountain Engineering Ltd. March 31, 1989 Mike Combs Allstate Companies Suite 520 6580 Greenwood Plaza Englewood, CO 80111 George Birt KanDen Group 4515 Walnut Street Kansas City, MO 64111 Re: Eaglebend Project No. V- 5182 -89 Dear Sirs: As you know, I represent the Eaglebend Partnership. Mr. Arthur Kleinstein, managing partner of this group, has instructed me to write you a letter concerning the recent publicity surrounding your potential development of Filing No. 4. The premature release of your plans to the press has caused both Eaglebend and Inter- Mountain Engineering considerable embarrassment, and may have seriously jeopardized our credibility with the Town of Avon. I spent the entire day yesterday explaining in some form or another what happened. I heard from the Avon town manager, town engineer, and four of the seven members of the town council. You were granted permission to make some preliminary inquiries for your feasibility study only and you have far exceeded this. Kleinstein and the Town of Avon believe the comments reported in the Vail Daily mischaracterize the very preliminary nature of discussions regarding this property. We demand that you cease discussion or inquiry into the development of our property immediately. If you wish to pursue this project further, it will be necessary for you to enter into a purchase contract with Mr. Kleinstein. This contract must spell out not only the terms of purchase, but further, exactly how and when you will proceed with your planning efforts so as not to further jeopardize Eaglebend's relationship with the town. Box No. 978 1420 Vance Street Avon, Colorado 81620 Lakewood, Colorado 80215 949 -5072 Denver 893 -1531 Phone: 232 -0158 Mike Combs George Birt Page 2 March 31, 1989 Should have have any questions about this matter, you may reach me at 303 - 949 -5072 or Mr. Kleinstein at 416- 630 -5002. JMS:cjn cc: Avon Town Council Bill James Norman Wood, P.E. Lynn Fritzlen Arthur Kleinstein Sincerely, 4Je fery M. Spanel, P.E. Vic P M. ent