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TC Res. No. 2001-11TOWN OF AVON RESOLUTION NO. 01-11 Series of 2001 . A RESOLUTION APPROVING A REDUCED AND MODIFIED SECURITY DEPOSIT FOR PUBLIC IMPROVEMENTS TO BE INSTALLED AND CONSTRUCTED IN ACCORDANCE WITH SUBDIVISION IMPROVEMENTS AGREEMENT FOR AMENDED PLAT OF CHAPEL SQUARE SUBDIVISION, TOWN OF AVON, EAGLE COUNTY, COLORADO WHEREAS, the Town of Avon and Chapel Square, LLC; a Colorado Limited Liability Company entered. into a SUBDIVISION IMPROVEMENTS AGREEMENT in connection with the approval of the Amended Plat of Chapel Square Subdivision; and WHEREAS, said Agreement established certain public and private improvements to be constructed in conjunction with said subdivision; and WHEREAS, said Agreement established requirements for the provision of security deposits to assure completion of the improvements and provide for warranty work in accordance with the Agreement and the subsequent partial release of the security deposits upon satisfactory completion of portions of the improvements in conformance with all standards, drawings and specifications as .submitted to and previously approved by the Town; and WHEREAS, portions of the required work have been satisfactorily completed in accordance with the approved plans and specifications, as certified by a professional engineer; and WHEREAS, a payment of $50,000 by the Town of Avon to Chapel Square LLC is due upon satisfactory completion of said improvements; and WHEREAS, effective February 28, 2001, the security deposit was reduced to $215,000.00 which is equal to at least 110 percent of the cost of the remaining improvements to be completed in conformance with the approved plans and specifications; and WHEREAS, Chapel Square LLC, has requested-a reduction in the security deposit and a change in the form of security deposit provided; and WHEREAS, the security deposit provided by Chapel Square LLC is in the form of a letter of credit in the amount of $215,000.00 with an expiration date of May 31, 2001. I:\Engineering\Subdivision\Benchmark At BC\Chapel Square\Sec Dep Resol-2.Doc NOW, THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, that: The Town of Avon will release the current security deposit in the form of the letter of credit in the amount of $215,000.00 subject only to full compliance with the following conditions by May 29, 2001: Chapel Square LLC has executed a contract for the reconstruction of the entrance to Building C and the 'applicable portions of Chapel Place as depicted on preliminary Grading Plan, Building C Driveway, Chapel Square Subdivision, Town of Avon, Colorado prepared by Inter-Mountain Engineering, Ltd. and dated 04-09-01. 2. As a minimum, demolition work has progressed to the extent that reconstruction must be completed in order to maintain access to Building C. 3. Chapel Square LLC or other appropriate entity has executed a legally binding agreement with the Town of Avon guaranteeing that all easements'and releases related to Tract A, Community Shopping Center, Town of Avon, Eagle County, Colorado and Tract B, Chapel Square Subdivision, Town of Avon, Eagle County, Colorado required for construction of anticipated East Avon Access and Streetscape Improvements will be provided to the Town of Avon at the appraised value less $50,000.00. 4. A deed of trust or other legally binding document for Unit BR403, Final Plat and Condominium Map of Chapel Square "Building B", Lot 22, Chapel Square Subdivision, Town of Avon, Eagle County, Colorado will be provided to the Town of Avon guaranteeing rights to the Town with a value of at least $82,500.00 as established by the difference between appraised value and the total of all outstanding mortgages, liens and other encumbrances. 5. Failure to meet these conditions will require extension of the current security or failure to provide such extension will result in the Town exercising its options regarding the current letter of credit. I:\Engineering\Subdivision\Benchmark At BC\Chapel Square\Sec Dep Resol-2.Doc 2 ADOPTED THIS 2 2 DAY OF May , 2001. TOWN COUNCIL TOWN OF AVON, COLORADO J Yoder, ayo I:\Engineering\Subdivision\Benchmark At BC\Chapel Square\Sec Dep Resol-2.Doc 3 Town Clerk MAY-IS=2001 TUE 07:02 ID: Memorandum To: Norman Wood From: Terry Palmos Re: Chapel Square, LLC Letter of. Credit Date: 5-15-01 TEL:303449eea9 P:02 Sent Via Fax: 970-749-1958 Background: "Building C Entrance" Currently the Town of Avon ("TOA') is not satisfied with the slope of the entrance to the Building C garage (G2 level) at the Chapel Square Development. The TOA is requiring Chapel Square, LLC ("Developer") to adjust, at Developer's cost and expense, the entrance from where it is today to a certain point as per the revised and approved plans ("Developer's Portion of the Building C Entrance'). The TOA will then further adjust, at its sole cost and expense, the entrance from Developer's obligated point to a higher point in order to make the road related to the Building C Entrance connect to the new Village at Avon. As we have discussed, it seems logical to have the same contractor do the work for both Developer and the TOA. We have received two bids for Developer's Portion of the Building C Entrance. The best bid ranged from $35,000 to $50,000 (sec attached bid). We plan on moving forward. with this bid, operating under the assumption that the cost of Developer's Portion of the Building C Entrance will be somewhere in the middle ($42,500). 61%n ty for Chapel Alley and Chapel Place" Further, there is an outstanding warranty from Developer to the TOA in the amount of approximately $40,000 for work done to Chapel Alley and Chapel Place. "Benchmark Road Contribution" Also, we will owe the.TOA a $50,000 contribution for the Benchmark Road improvements when such improvements are completed. Please note that the Benchmark road improvements will likely require a condemnation of Developer's property which will require the TOA to pay Developer a condemnation award. At this point, it -is premature to discuss any -such amounts but certainly it is reasonable to assume that any such condemnation award could be offset (in whole or in part) against the $50,000 amount owed by Developer to the TOA. "Letter of Credit" Currently the TOA is the holder of a letter of credit from Developer in the amount of $215,000 in order to insure that Developer's Portion of the Building C Entrance, the Warranty for Chapel Alley and Chapel Place and the Benchmark Road Contribution are completed and/or paid for respectively. MAY-15-2001 TUE 07:02 ID: TEL:303449BS39 In summary, the total cost for the aforementioned items is: - Developer's Portion of the Building C Entrance $42,500 - Warranty for Chapel Alley and Chapel Place $40,000 - Benchmark Road Contribution (which will hkety he S50,000 offset to some degree by a condemnation award) Total: $132,500 Additional Securi "Chanel Place Dedication Amount" The TOA currently owes Developer a final payment of$50,000 for the dedication of Chapel Place. "Unit.4403" Leonidas*Palmos owns Chapel Square Residential Unit #403: The appraised value of Unit #403 is approximately $298,000 (as per Jim Trudea of valuation Consultants 970-949-4898) and the mortgage against Unit is approximately $215,000 Waving equity in the Unit of $83,000 . Developer's Request To that extent, we respectfully request that the letter of credit be extinguished and be replaced with, 1. The $50,000 Chapel Place Dedication Amount currently owed to Developer. by the TOA (i.e. the TOA does not issue the funds to Developer, but instead, uses such fluids to_ pay for Developer's Portion of the Building C Entrance), and 2: A security interest in the amount of $82,500 ($132,500 total potential cost of remaining items less $50,000 TOA will hold) in Unit #403. Summary: - Total costs to complete the work (or warranty items) currently secured by the Letter of Credit: $132,500 Less Chapel Place Dedication Amount: to be held by the TOA: $50,()00 Remaining Security needed by the TOA: $82,500 - Additional Security from Unit #403: $82,500 - Exposure to TOA $0 P:09 (please note that $40, 000 is a warranty fur Chapel Alley and Chapel Place that will not likely he needed and the $50, 000 amount owed 'to the TOA for Benchmark Road will likely be off rset to some degree by a condemnation award) MAY-IS-2201 TUE 07:03 ID: Mnll-24-e1 11:e6 PM l~ Yl~ MEN 1411 MI PAAWJW 0 May 14, 2001 Owner and General Coatraetor Palmos Development 2795 Yris Ave. Boulder, Colut-Wo 80304 Off= Phone * 303-449-0951 Office FX # 303-449-8839 Nofeet Ref"PAr 240 Chapel Place Chapel Square Avon, Colorado 81620 OVII RpBiheering Date: April 4. 2001 Iateinwurnain rn8inccrialg Phone it 970 949-5072 Stamped not for construction Sofas Eng&eertag Not Shown F9ffk Description (Building C Driveway) Ab described in the blueprint listed above, The Reynolds i~orporWon will do the following; Remove existing asphalt and jack: hammer out concrete as needed. Regrade per plans Replace-heating ill concrete Replace concrete Replace Asphalt The scope of work is not complete bemuse of lack of information, asbuRd inll`mructure infointatian and plans not being completed working drawing. The estimate that we developed with the Information available is betwcco JU,@QO,.QQ and 1%M W for the work on the blueprints listed above, The Itcyrwlds Corpratinn will be regmnsibte for emd will supply all huurance, Materials, 'fools, Machinccy and labor fbr the specific work listed. below.. All olfi r work v4II be cnardinated by the owners reftMX4d above. All Pctnlits,, Survays aced fees will be TEL:3034499839 P:04 P.01 MAY=1S-2001 TUC 07:03 ID: MAY-14-01 11:07 PM TE3-:30344-ctBe39 P:05 P. 02 suppliod and.paid.for by the Owners. The Reynolds Corporation (or dedgnated represcntative) must be present fot ad ulilily locations before exG yWon will commence. If bedroc* is in tM excavaclon arms the price will increase at a mutually agreed upon cs~t in writing as a chw*e order by both the (knera) Contmetor and The Reyuulds Cd W 6n betbre the work commences. There will be a change order incurred if sot? conditions and encountered in wvas of needed structural subgrades that must to be overexcavated ad replaced with smxaimal mstertals approved by the soils engintzr approval. 7wese are tbo pth4o fiat am equipment and laher on it hourly bins #1nevds4 Trackheve John Deere 11993 790E (SISU.UO/hr.) (Sl t 3. B~h~:) Tra&hoe John Deere 1995 4947, John Deere Loader 1944 624G ($[M.oWkr.) John Deere Backbee 1991 3100 ($#U.01Nkr.) Jokn Deere Slddstrerer 1995 (MOOPbr.) Makasa W. Behind Compactor (Sirs Mr.) Maples Coritpactot' (S50.t16Y/tr. wsth upo wr) Wacker Compactor ($35. MAP. wJtb operator) Spectra FhPIc I..asers (lnclumo Laborrrv S2&7ftr. 71FUC EMg Coinpanl4f Used; Meeaach, Kudel, Yonkers. Martial':, W& Trucking, B+g Dog, Advance Excavation. 0 have nuascroas outer tracking company that 1 are) *This proposed is mthootc until jartker iNforwadva Is gwft le. TMAL AccelArd Sincerely, The Reynolds Corporation Terry Falmos Albert D. Reyttolclg ls_ctent t Memo TO: Honorable Mayor and Town Council Thru: Bill Efting, Town Manager From: Norm Wood, Town Engineers 11,V Date: May 18, 2001 Re: Chapel Square Subdivision Improvements Agreement Resolution No. 01-11, Series of 2001, Approving Reduced and Modified Security Deposit $u11'1y'f'fal n Chapel Square has satisfactorily completed a significant portion of the public improvements identified in the Subdivision Improvements Agreement. The satisfactory completion of these portions has been adequately documented by field inspections and the submittal of As-Built Plans and Certifications by registered professional engineers as stipulated in the Subdivision Improvements Agreement. The Town currently holds a letter of credit with an expiration date of May 31, 2001, in the amount of $215,000 to assure satisfactory completion and correction of remaining obligations. These generally consist of removing and reconstructing a portion Chapel Place and the underground parking entrance to Building C to conform to approved plans, provide a $50,000 security deposit to the Town to guarantee their obligation toward the cost of East Benchmark Road Improvements and a security deposit of $40,268 to assure successful completion of the one year warranty period following final completion and acceptance of all improvements identified in the Subdivision Improvements Agreement. Terry Palmos has submitted the attached Memorandum requesting: release of the current letter of credit and offering to provide alternate security in lieu thereof. We have reviewed the request and we are recommending an alternate solution in the form of attached Resolution No: 01-11. We believe that compliance with the conditions stipulated in the Resolution will provide adequate protection for the Town and provide the flexibility needed by Chapel Square, LLC to complete the remaining obligations under existing agreements. I:\Engineering\Subdivision\Benchmark At BOChapel Square\Sec Dep Memo-2.Doc Generally the issues are expected to be resolved as follows: 1. An executed construction agreement and minimum demolition progress should be adequate to assure that the reconstruction of Building C parking entrance and the related portion of Chapel Place will be completed to conform to approved plans. Upon completion and acceptance of the work the Town will make the final $50,000 payment to Chapel Square LLC per previous agreement. 2. Agreement to accept payment of $50,000 less than appraised value for applicable .easements and releases required for construction of the anticipated East Avon Access and Circulation Streetscape improvements should satisfactorily address their obligation to post a $50,000 letter of credit to be used by the Town for construction of these improvements. 3. The provision of a deed of trust or other legally binding, document for an unencumbered interest of at least $82,500 in Chapel Square Condominium Unit BR-403 should be adequate to provide sufficient surety for the one year warranty period obligation of $40,268. If these conditions are met by 1VIay 18, 2001 the existing letter of credit will'be released. If they are not met, the letter of credit will be called unless it is extended. Approval of attached Resolution No. 01-11, Series of 2001 is recommended to allow this corresponding modification and reduction subject to conformance with the stipulated conditions. Recommendations: Approve Resolution No. 01-11, Series of 2001, a Resolution Approving a Reduced and.Modified Security Deposit for Public Improvements to be Installed and Constructed in Accordance with Subdivision Improvements Agreement for Amended Plat of Chapel Square Subdivision, Town of Avon, Eagle County, Colorado. Proposed Motion: I move to approve Resolution No. 01-11, Series of 2001, A Resolution -Approving a Reduced and Modified Security Deposit for Public Improvements to be Installed and Constructed in Accordance with Subdivision Improvements Agreement for Amended Plat of Chapel Square Subdivision, Town of Avon, Eagle County, Colorado. Town Manager Comments: I,:\Engineering\Subdivision\Benchmark At BC\Chapel Square\Sec Dep Memo-2.Doc 2