TC Res. No. 2006-36 APPROVING AND ACCEPTING THE IMPROVEMENTSTOWN OF AVON, COLORADO
RESOLUTION NO. 06-36
Series of 2006
A RESOLUTION APPROVING AND ACCEPTING THE IMPROVEMENTS
INSTALLED AND CONSTRUCTED IN ACCORDANCE WITH THE SUBDIVISION
IMPROVEMENTS AGREEMENT - FOR THE - WESTERN SAGE PUD AND
ESTABLISHING WARRANTY PERIOD FOR THE PUBLIC IMPROVEMENTS
WHEREAS, the Town of Avon entered into a SUBDIVISION IMPROVEMENTS
AGREEMENT, dated April 26, 2005, with Jay K. Peterson in connection with the approval of
the Final Plat for Western Sage PUD, Lots 1-8; and
WHEREAS, said Agreement established certain public improvements to be constructed Jay K.
Peterson in conjunction with said subdivision; and
WHEREAS, said Agreement established requirements for the provision of collateral to assure
completion of the Subdivider Improvements in accordance with the Agreement and the
subsequent release of the collateral upon completion and the stipulated- warranty period; and
WHEREAS, said Improvements were substantially complete as of September 12, 2006; and
WHEREAS, all required documentation for approval and acceptance of the Improvements has
been submitted as of September 12, 2006.
NOW, THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF AVON, that:
1. The public improvements required to be constructed in conjunction with the
Western Sage PUD were substantially complete as of September 12, 2006, in accordance
with the SUBDIVISION IMPROVEMENTS AGREEMENT and the stipulated 'one-year
warranty period for said improvements shall extend to September 12, 2007.
2. The public improvements are hereby approved and accepted by the Town of Avon
with the exception of items of warranty work, which are identified during the warranty
period, which items shall have a warranty period, which extends for one year from the,
date of satisfactory correction of the warranted item.
3. Warranty work on public improvements will be secured by a Letter of Credit
dated August 23, 2006, issued to the Town of Avon in the amount of $ 19,187.40 in
accordance with the Subdivision Improvements Agreement.
ADOPTED THIS I d.11!~ DAY OF
ATTEST: r, I:
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Pa w envy,
To erk I®LORRO
y
2006.
TOWN COUNCIL
TOWN OF AVON, COLORADO
Ronald C. Wolfe, Mayor
Resolution No. 06-36 V@A, Filing 2 SIA Final
Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Norman Wood, Town Engineer
Jeffrey Schneider, Engineer H
Date: September 1, 2006
Re: Resolution No. 06-36, A Resolution Approving and Accepting the Public
Improvements Installed and Constructed in Accordance with the Subdivision
Improvements Agreement for the Western Sage Planned Unit Development
(PUD) and Establishing Warranty Period for the Public Improvements
Summary:
Jay K. Peterson, subdivider of the Western Sage PUD has submitted all required
documentation for approval and acceptance of the public improvements required by the
Subdivision Improvements Agreement (SIA) (attached Item 2) for the Western Sage PUD.
These improvements generally consist of drainage facilities and utilities required to access
and serve the Western Sage PUD, which involves eight single-family lots. Five of the single-
family lots are accessed from a private drive originating at the cul-de-sac on Longsun Lane.
Resolution No. 06-36, Series of 2006 (attached Item 1) approves and accepts the public
.-improvements and establishes- the warranty period in conformance with the SIA. The
Resolution further allows the initiation of the warranty period with any warranty work secured
by a Letter of Credit dated August 23, 2006, issued to Jay K. Peterson in the amount of
$19,178.40 (attached Item 3) in accordance with the SIA. The letter of credit expires on
October 1, 2007.
We recommend approval of Resolution No. 06-36, Series of 2006, A Resolution Approving
and Accepting the Public Improvements Installea and Constructed in Accordance with the
Subdivision Improvements Agreement for the Western Sage Planned Unit Development
(PUD) and Establishing Warranty Period for the Public Improvements.
V
i
Discussion:
In conjunction with the approved final plat for the Western Sage PUD, Lots 1-8, a
resubdivision of Lots 54, 55, 89, and 90, Block 4, Wildridge Subdivision, consisting of 7.1
acres, Jay K. Peterson, the subdivider, entered into a Subdivision Improvements Agreement
with the Town. Through the SIA, the town can make provisions for completion of public
improvements as depicted by the plans approved by the Town dated February 28, 2005. Per
the SIA, the subdivider is to provide collateral in the 'amount of one hundred and ten percent
(110%) of the estimated cost of completion of public improvements. This is shown on
Exhibit B of the SIA. _ Public Improvements generally included storm drainage, publicly
owned utilities (water & sewer), 'and shallow utilities including gas, cable, electric, and
telephone. It is also important that the subdivider provide documentation that the installer of
the improvements has been paid in ' full for all work completed on : site. " The subdivider has
satisfactorily fulfilled the requirements set forth in the SIA
Supplemental, documentation verifying satisfactory completion of the improvements is
attached as follows:
Item 4 Marcin Engineering Final Acceptance- May 23, 2006 -Letter with Corrective
Action Items and August "4, 2006 Letter Accepting Corrections
Item 5 Water Main Final Acceptance - Eagle River Water and Sanitation District
Item 6 Sewer Main Final Acceptance - Eagle River Water and Sanitation District
Item 7 Shallow Utility Documentation - Gas, Electric, Phone, Cable
Item 8 Proof of Payment for Public Improvements - The Reynolds Corporation
Based upon this, documentation, we recommend approval and acceptance of the public
improvements in accordance with the SIA by the adoption of Resolution No. 06-36, Series of
2006.
Recommendation:
Approve Resolution No' 06-36, Series of 2006, A Resolution Approving and Accepting the
Public Improvements Installed and Constructed in Accordance with the.-Subdivision:.
Improvements Agreement for the Western Sage Planned Unit Development (PUD) and
Establishing Warranty Period for Public Improvements.
Proposed Motion:
I move to approve Resolution No. 06-36, Series of 2006, A Resolution. Approving and
Accepting the Public Improvements Installed and Constructed in Accordance with the
Subdivision Improvements Agreement for the Western Sage Planned Unit Development
(PUD) and Establishing Warranty Period for Public Improvements.
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Y
Attachments:
Item 1 - Resolution No. 06-36, Series of 2006
Item .2 - Subdivision Improvements Agreement
Item 3 - Letter of Credit for Warranty Period
Item 4 - Marcin Engineering - Final Inspection Documentation
Item 5 - Water Main Final Inspection Documentation
Item 6 - : Sewer Main Final Inspection Documentation
Item 7 - Shallow Utility Documentation (Electric, Gas, Cable, Phone)
Item 8 - Proof of General Contractor Payment for Public Improvements
Town Manager Comments:
r
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3
tfem- 1
TOWN OF AVON
RESOLUTION NO. 06-36
Series of 2006
A RESOLUTION APPROVING AND ACCEPTING THE IMPROVEMENTS INSTALLED
AND CONSTRUCTED IN ACCORDANCE WITH THE SUBDIVISION IMPROVEMENTS
AGREEMENT-FOR THE WESTERN SAGE PUD AND ESTABLISHING WARRANTY,
PERIOD FOR THE PUBLIC IMPROVEMENTS
WHEREAS, the Town of Avon entered into a SUBDIVISION IMPROVEMENTS
AGREEMENT, dated April 26, 2005, with Jay K. Peterson in connection with the approval of the
Final Plat for Western Sage PUD, Lots 1-8; and
WHEREAS, said Agreement established certain public improvements to be constructed Jay K.
Peterson in conjunction with said subdivision; and
WHEREAS, said Agreement established requirements for the provision of collateral to assure
completion of the Subdivider Improvements in accordance with the Agreement and the subsequent
release of the collateral upon completion and the stipulated warranty period; and
WHEREAS, said Improvements were substantially complete as of September 12, 2006; and
WHEREAS, all required documentation for approval and acceptance of the Improvements has
been submitted as of September 12, 2006.
NOW, THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
AVON, that:
1. , The public improvements required to be constructed in_ conjunction with the
Western Sage PUD were substantially complete as of September 12, 2006, in accordance
with the SUBDIVISION IMPROVEMENTS AGREEMENT and the stipulated one-year
warranty period for said improvements shall extend to September 12, 2007.
2. The public improvements are hereby approved and accepted by the Town of Avon
with the exception of items of warranty work, which are identified during the warranty
period, which items shall have a warranty period, which extends for one year from the date
of satisfactory correction of the warranted item.
3. Warranty work on public improvements will be secured by a Letter of Credit dated
August 23, 2006, issued to Jay K. Peterson in the amount of $ 19,187.40 in accordance
with the Subdivision Improvemep A
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ADOPTED THIS DAY OF , 2006.
TOWN COUNCIL
TOWN OF AVON, COLORADO
Ronald C. Wolfe, Mayor
ATTEST:
Pa! w McKenny,
Clerk
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WESTERN SAGE PUD
SUBDIVISION IMPROVEMENTS AGREEMENT
THIS AGREEMENT, made and entered into this a10tday of Je&L- , 2005, is
by and among Jay K. Peterson ("Subdivider"), and the Town of Avon, a Colorado
municipality, by and through its Council (the "Town").
RECITALS
WHEREAS, the Subdivider, in connection with the approval of the final plat for
the Western Sage PUD, Lots I - 8, consisting of 7.1 acres, a resubdivision of Lots 54, 55,
89 and 90, Block 4, Wildridge Subdivision, Town of Avon, Eagle County, Colorado (the
"Subdivision'), desires to enter into a Subdivision Improvements Agreement
("Agreement") with the Town as provided for by Section 16.24. 100 of the Avon
Municipal Code, as amended (the "Code"); and
WHEREAS, pursuant to the Code, the Town desires to make reasonable
provisions for completion of certain public improvements ("Improvements") as depicted
on the plans approved by the Town for the Western Sage PUD, dated February 28, 2005,
("Approved Plans") and as set forth in Exhibit A attached hereto and incorporated herein
by reference; and
WHEREAS, the Subdivider is responsible for the completion of the public
improvements ("Improvements").
AGREEMENT
NOW THEREFORE, in consideration of the following mutual covenants,
conditions and promises, the parties hereby agree as follows:
1. Final Plat Approval. The Town agrees that upon compliance with all
other conditions of approval, and subject to the terms and conditions of this Agreement,
the Final Plat of The Western Sage PUD ("Subdivision") shall be promptly filed for
recording with the Office of the Eagle County Clerk and Recorder.
2. Completion of Work.
(a) Performanc e. Subdivider agrees to furnish all equipment, labor
and material necessary to perform and complete, in a good and workmanlike manner, all
improvements and work incidental thereto assigned as set forth as depicted on the
Approved Pans and as set forth in Exhibit A. Subdivider further agrees that he will be
responsible f or all costs of Improvements as assigned. Said work shall be performed in
accordance with the Approved Plans. Subdivider agrees to commence construction of
Improvements prior to the issuance of a building permit for any lot in the subdivision and
to complete the Improvements prior to the issuance of a Certificate of Occupancy for any
building on any lot in the Subdivision. Commencement of construction of Improvements
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shall be deemed to mean the award and execution of contracts for the construction of the
Improvements' as depicted on Exhibit A.
(b) Inspection Procedures.
(1) All work shall be done under the inspection procedures and
standards established by the Town and/or Holy Cross Electric, Eagle River Water and
Sanitation District, Excel Energy, Qwest Communications, Comcast ("Utilities"), as
applicable and shall be subject to the reasonable satisfaction of the Town and applicable
Utilities. All work shall not be deemed complete until, the reasonable approval and
acceptance of the Improvements by the Town and/or the Utilities. Such inspections by
the Town and/or Utilities shall not relieve the-Subdivider or his agents. from any
responsibility or obligation to assure that all work is completed in conformance with all
standards, plans and specifications as submitted to and previously approved by the Town
and Utilities.
(2) Cost of Inspections. The cost, if any, of such inspections,
by Town employees, or an independent third party-inspector,.shall be paid by the
Subdivider and subject to the, limitations set forth in parag aph,8 below.
(3) Notice of Non-Compliance. In'the event that the Town
through its inspectors reasonably determines that the Improvements are not in
compliance with the Approved Plans, it shall give written notice of such non-compliance
("Notice of Non-Compliance") to the Subdivider. The Notice of Non'-Compliance shall
include a narrative describing the unsatisfactory construction work-with specific `
reference to the applicable construction plans and specifications. The Notice of Non-
Compliance must be provided to the Subdivider within two (2) working days of the date
of the inspection.
3. Security for Completion of Improvements.
(a) Security. . To secure completion of the Improvements, the -
Subdivider hereby agrees to secure the respective obligations under this Agreement with
collateral in accordance with Section 16.24.100 of the Code. Collateral. shall be one or a
combination of the following: cash, its equivalent or irrevocable letter of credit
("Collateral").
4. Subdivider Improvements-
(a) Security for Completion of Public Improvements.
Subdivider shall deliver to the Town an irrevocable letter of credit issued
by a reputable financial institution or other Collateral consistent with Section 16.24. 100
of the Code in an arnotlnt equal to one hundred and ten percent (110%) of the estimated
costs of completion of the 'Improvements as set forth on Exhibit B. The irrevocable letter
of credit or other Collateral shall be delivered to the Town prior to, or concurrently with,
recordation of the Final Plat for the Subdivision.
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(b) Progress Payments on Sub divider's Improvements. Upon
completion of itemized improvements for which cost estimates have been set forth in
Exhibit B and upon receipt of the Certifications as specified in paragraph 7 below
verifying that itemized portions of the Improvements have been completed, the amount of
Collateral may be reduced periodically provided, however, that in no event will any such
reduction cause the amount of remaining collateral to be less than an amount equal to one
hundred and ten percent (I 10%) of the estimated costs of completion of all remaining
improvements. Capon completion of all work related to the Improvements and the Town's
and Utility's acceptance of the Improvements, the entire amount of remaining collateral
less those amounts described in paragraph 6 below, shall be promptly released.
(c) Default by Subdivider. In the event of a default in whole or in part
by Subdivider, the Town shall be authorized to draw on the letter of credit or other
collateral for the purpose of undertaking completion or remediation work on the
Subdividers Improvements after providing thirty (30) days' advance written notice of
default and providing an opportunity during such period for Subdivider to cure the
default. The Town shall be entitled to draw on such letter of credit or other collateral by
Resolution of the Town Council stating (i) that Subdivider is in default, and (ii) the funds
are required in order to complete or correct work on the Subdivider's Improvements.
6. Warranty Period. The Improvements shall be warranted to be free from
defects in workmanship or quality for a period of one (1) year after acceptance of all the
work by the Town. In the event of any such defect, the Town may require Subdivider to
correct the defect in material or workmanship. Ten percent (10%) of the total actual cost
of completion of all Improvements shall be retained by the Town as collateral during
such one (1) year period as a guaranty of performance of any work required pursuant to
the above described warranty. In the event any corrective work is performed during the
one-year warranty period then the warranty on said corrected work shall be extended for
one year from the date on which it is completed. Collateral equal to 125% of the cost of
any corrected work, as estimated by the Town, shall be retained by the Town or
immediately paid to the Town by the Subdivider, if sufficient funds are not held by the
Town, in accordance with Section 16.24.100, for a period of one year from the date of
completion of the corrected work.
Engineering Certification. Upon completion of portions of the
improvements, Subdivider will cause his engineers (who shall be registered in the State
of Colorado ; to certify in writing that the installation of the Improvements, or portions
thereof as may be completed from time to time, have been completed in conformance
with all standards, plans and specifications as submitted to and previously approved by
the Town, or the pertinent utility supplier, as depicted on the Approved Plans. Inspection
reports, test results and other supporting documentation shall be submitted with the
certification.
8. Subdivision and Inspection Fees. Fees in accordance with the Town's
Subdivision Regulations for the review of Preliminary Plans and Final Plats have been
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paid in full. Additional fees, if any, shall be paid by the Subdivider within thirty (30)
days after delivery of written invoice for such fees to cover the cost of inspections by the
Town. The fees, if any, will be based on direct (out-of-pocket) costs of the Town plus an
administrative fee in the amount of fifteen (15%) percent of the direct costs, but in no
event will the total amount of such additional fees exceed five percent (5%) of
construction costs.
9. No Obligation of Town to Complete Improvements. Subdivider agrees
that in the event it shall fail to perform its obligations as set forth herein, the Town shall
be under no obligation to complete or perform any of the said Improvements or to issue
permits for development within the Subdivision.
10. Non-Liability of Town; Indemnification. The Town shall not, nor shall
any officer, agent, or employee thereof, be liable or responsible for any accident, loss or
damage related to the work specified in this Agreement, nor shall the Town, nor any
officer, agent or employee thereof, be liable for any persons or property injured by reason
of the nature of said work. To the extent permitted by law, Subdivider hereby agrees to
indemnify and hold harmless the Town, and any of its officers, agents and employees
against any losses, claims, damages or liabilities to which the Town or any of its officers,
agents or employees may become subject, because of any losses, claims, damages or
liabilities (or actions in respect thereof) that arise out of, or are based upon, any acts or
omissions in the performance of the obligations of Subdivider, as hereinbefore stated.
Furthermore, the Subdivider shall reimburse the Town for any and all legal or other
expenses reasonably incurred by the Town in connection with investigating or defending
any such loss or claim.
11. Rights of Town in Event of Default. In the event that Subdivider defaults
in whole or in part in the performance of this Agreement, and after the expiration of thirty
(30) days after having given written notice to Subdivider of such default during which
period of time the Subdivider fails to correct said default, the Town may, at its sole
discretion, proceed with the construction or completion of the Improvements specified on
Exhibit A. Al l such costs paid by the Town for such Improvements, together with all
costs of personnel, equipment and other matters expended by the Town in furtherance of
the construction responsibilities of Subdivider, shall be paid by Subdivider based upon
the underlying responsibility for the Improvement in question. Any such costs relating to
the. Subdivider Improvements, which have not been reimbursed by Subdivider, shall be a
lien on any property in the Subdivision owned by Subdivider at the time of default.
Said lien may be foreclosed in the same manner as a mortgage and shall entitle the Town
to add its costs and reasonable attorneys' fees in such foreclosure or other collection.
Without limiting the foregoing, the Town may bring a mandatory injunction action
against Subdivider co require installation and construction of the Improvements, if not
constructed within the time limits described in this Agreement. If any such action is
brought by the To« n. the Town shall be awarded its court costs and reasonable attorneys'
fees.
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12. Letter Certifying Completion and Final Acceptance of lmprOvements.
When all Improvements have been completed and accepted by the Town, or the pertinent
utility supplier, and the Warranty Period has expired, the Town agrees that it will issue a
letter, after consultation with the pertinent utility supplier if necessary, in recordable
form, certifying that all obligations of Subdivider under this Agreement have been
satisfied.
13. Amendments. This Agreement may be amended from time to time,
provided that such amendment is in writing and signed by all parties hereto.
14. Covenants Running with the Land. This Agreement and the obligations
hereof shall be deemed to be covenants running with the land and shall be binding on the
successors and assigns of the parties hereto.
The parties hie_rae",ec
j;
TTEST`
A
Tow e
*APPOVED AS TO FORM:
ttorney
this Agreement as of the date first above written.
TOWN OF AVON, a Colorado Municipal
Corporation rAl
By: G-
Mayor
Jay K. Peterson
By:
Subdiv er
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EXHIBIT A
Western Sage Development
Subdiviiion Improvements Agreement -
APPROVED PLANS:
Western Sage PUD
Construction Drawings
Wildridge, Town of Avon, Colorado
February 2005'
Sheets 1 through 9
Release-Date: ApriA1, 2005 '
Prepared by,
Marcin Engineering LLC
P.O. Box 1062 .
Avon Colorado 81620
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EXHIBITB
Western Sate Development
Subdivision Improvements Agreement
PUBLIC IMPROVEMENTS CONSTRUCTION COST ESTIMATE
Mobilization & Site Prep
Water Main and Service Installation
Sewer Main and Service Installation
Shallow Utility Service Installation
(Natural Gas, Cable TV, Telephone & Electric)
Materials for Utility Installations
Contingencies @ 15%
Total Estimate&Cost
$ 19,950
44,765
23,600
14,900
48,464
22 7 2
$ 1'14,431
Security Required per Subdivision Improvements Agreement (110%) $191,874
Cost Estimate and Security Amount Based on Proposal dated March 30, 2005:
From: The Reynolds Corporation
P.O. Box 738
Avon, CO 81620
To: Jay Peterson
Suite 208
108 South Frontage Road
_Vail, Colorado 81657
Project Reference:
Western Sage PUD
A Resubdivision of Lots 54, 55, 89 and 90, Block 4, Wildridge
Avon, Colorado
Project Engineers:
Marcin Engineers, LLC
P.O. Box 1062
Aeon, CO 81620
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1 V(P,Ar7 -
15 Benchmark Rd
Avon, CO. 81620
(970) 949-5995
Wisffiar- Bank
EXPECT ACTION
IRREVOCABLE LETTER OF CREDIT #874
Effective Date: August 23, 2006
Expiration Date: October 1, 2007
To: Town of Avon Re: Jay K. Peterson
Community Development 108 S. Frontage Road W. Suite 208
400 Benchmark Road Vail, CO 81657
Avon, CO 81620
("Hereinafter refereed to as: (Beneficiary) Hereinafter referred to as: (Customer)
Dear Town of Avon,
We hereby open our Irrevocable Letter of Credit No 874 in favor of Beneficiary. It is available by drafts at
sight drawn on WestStar Bank for any sum or sums not exceeded the lesser of "Nineteen Thousand One
Hundred Eighty Seven dollars and 40/100 dollars ($19,187.40) or the total amount due under that
specific Promissory Note Originally Dated August 23, 2006 from Jay K. Peterson, as hereinafter
defined, and Beneficiary ("Promissory Note") for the account of Ja. K. Peterson ("Letter of Credit")
Drafts under Letter of Credit must be accompanied by an affidavit, signed by Beneficiary stating that Jay
K. Peterson has failed to make payments in accordance with the terms and conditions of the Promissory
Note. Each draft must bear upon its face the clause, "Drawn under Letter of Credit No. 874 dated August
23, 2006, WestStar Bank, Avon, Colorado".
Drafts under Letter of Credit must be presented to an officer of WestStar Bank at the following address of
WestStar Bank between the hours of 9:00 a.m. and 3:00 p.m. Monday through Friday excluding Holidays:
WestStar Bank
15 Benchmark Rd
Avon, CO 81620
The amount of the draft, which is negotiated pursuant to this Letter of Credit, together with the date of
negotiation, must be endorsed on the reverse side of the Letter of Credit.
We hereby agree that drafts drawn under this Letter of Credit and in compliance with its terms, shall be
promptly honored if presented at the counters of WestStar Bank as previously defined herein no later than
3:00T.M. Mountain Time October 1, 2007..
WestStar Bank represents and warrants to Beneficiary that full authority and power to issue this Letter of
Credit in the total amount and for the period of time stated herein: said authority being pursuant to the laws
of the United States, or to the State or territory which.governs the establishment and regulation of WestStar
Bank, and the WestStar Bank's Charter, bylaws. and other applicable rules and regulations adopted
pursuant thereto. "Phis credit is subject to the "Uniform Custom and Practice for Documentary Credits
(1993 rev.), International Chamber of Commerce Publication No. 500".
'I? i;i;i ~i.. i!'•liu 1. 4, (;~t1„e',?r i,i;i~ i.t.c,J SEEM
Letter of Credit #874
August 23,2006
Page 2
Should it be necessary for Beneficiary to file suit in an effortto enforce this Letter of Credit, WestStar
Bank hereby waives all venue rights, and submits to the-jurisdiction of the District Court in and for the
County of Eagle, State of Colorado.
Si fly Acknowledged and'accepted on
WestStar Bank , : Pet on
Dan Godec, Regional President ;
Credit Officer
MARCIN ENGINEERING LLC
August 4, 2006
Jay Peterson
108 S. Frontage Road West
Suite 208
Vail, CO 81657
RE: Final Inspection of Western Sage PUD Infrastructure Improvements
Dear Jay:
Per your request, on July 28, 2006 Marcin Engineering made a site visit to verify the issues
identified in the letter dated May 23, 2006 were corrected. Upon inspection, all of the issues
appeared to be satisfactorily resolved.
Please contact Marcin Engineering if you have any questions or concerns.
Sincerely,
MARCIN ENGINEERING LLC
Thomas Marcin, P.E., P.L.S
PO Box 1062. Avon Colorado 81620 (970) 748-0274
1
/1~0.q Z/ -a
MARCIN ENGINEERING LLC
May 23, 2006
Jay Peterson
108 S. Frontage Road West
Suite 208
Vail, CO 81657
RE: Final Inspection of Western Sage, PUD Infrastructure Improvements
RECEIVED
JUN 0 6 2006
Community Development'
Dear Jay:
Per your request, on May 23, 2006 Marcin Engineering completed a cursoryreview or the Western Sage PUD
infrastructure improvements. Based upon this inspection, the infrastructure improvements appear to be in general
conformance with the plans and specifications with the following exceptions:
The following items need to be addressed before construction is terminated:
1. The nylon reinforced jute mat at the outlet of the 18" culvert shall, be installed.
2. The ditch adjacent to the concrete retaining wall will be completed as indicated
in the plans.
3. 'The slope over the new sewer main (adjacent to the hammer head in the road)
shall be graded as indicated in the approved plans.
.4. Gravel shoulders shall-be installed on both sides of the road per the approved'
plans.
Please contact Marcin Engineering if you have any questions or concerns.
Sincerely.
NMARCIN ENGINEERING LLC
Thomas Marcin. P.E.
;RE
n~ 492 z c
'32
•'5-2:3-- all
PO Box 1062, Avon Colorado 81620 (970) 748-0274
1
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f
/14e)07 - 5-
EAGLE RIVER
W ATER & SANITATION DISTRICT
1W 646 Fares; Road • Vail, Cotorado 91657
(970) 476-7460 • FAY. (970) 476.4069
July 31, 2006
Mr. Jay Peterson
108 S. Frontage Rd. West, Suite 208
Vail, CO 81657
Reference: WESTERN SAGE
WATER MAIN
Dear Mr. Peterson:
This letter is to inform you that the above-referenced Water Main has successfully completed all the items
required for the District to grant Final Acceptance. The below listed items have been submitted and
approved by the District and this Water Main is accepted as part of the District's system.
1.
Construction Acceptance
2.
Final Grade and Paving Inspection
3.
As-Built Drawings
4.
Easement Documentation
5.
Certification of Costs
6.
Bill of Sale
7.
Final Inspection
8.
Final Acceptance
COMPLETED OCTOBER 6, 2005
COMPLETED JANUARY 17, 2006
COMPLETED JUNE 8, 2006
COMPLETED JUNE 24, 2006
COMPLETED JULY 31, 2006
COMPLETED JUNE 24, 2006
COMPLETED JANUARY 17, 2006
COMPLETED-JULY 8, 2006
Your two-year warranty time period for this Water Main began on the date of Construction Acceptance.
If you have any questions or concerns, please contact me at 970/476-7480.
Sincerely,
Fred S. Haslee
Regulations Administrator
c: Project File
Distribution & Collection Department
FSH/mm
W. IL
VUd7E" iI'~ ~T~'ir't•TC QPEFc':0t.,S $ "MANAGEMENT, SER'V!CES
F':%I mly.sRMS'.DE V \OTIF.FIN.4L.L.TR_2YR. DOC:
July 31, 2006
EAGLE RIVER
mfiWAAAW WATER & SANITATION DISTRICT
W
Mr. Jay Peterson
108 S. Frontage Rd. West, Suite 208
Vail, CO 81657
Reference: WESTERN SAGE
SEWER MAIN
Dear Mr. Peterson:
646 Forest Road • Vai;. Cciioradc 81657
1970)476
-7460 • F.4?' (9701476-4089
This letter is to inform you that-the above-referenced Sewer Main has successfully completed all the items
required for the District to grant Final Acceptance. The below listed items have been submitted and - .
approved by the District and this Sewer.Main is accepted as part of the District's system. . .
1.
Construction Acceptance `
COMPLETED DECEMBER 15, 2005
2.
Final Grade-and Paving Inspection
COMPLETED JANUARY 17, 2006
3.
' As=Built Drawings
COMPLETED JUNE 8, 2006
4.
-Easement Docnnientation
COMPLETED JUNE 24, 2006
5.
Certification of Costs
COMPLETED JULY 31, 2006
6.
Bill, of Sale
COMPLETED JUNE 24, 2006
7.
Final Inspection
COMPLETED JANUARY 17, 2006
8.
Final Acceptance
COMPLETED JULY 31, 2006
Your two-year warranty time period for this Sewer Main began on the date of Construction Acceptance.
If you have any questions or concerns, please contact me at 970/476-7480.
Sincerely,
Si4 .I-
Fred S. Has-lee
Regulations Administrator
c: Project File
Distribution & Collection Department
FSH/mm
law
MANAGEMENT SERVIC U
F.\IMD`SREGS\DE'vNO77F1F71..kUTR 2YR.DOC
\e
'i r
lam'
toss F
F~ 3799 HIGHMY 82-P.O. BOX 2150
O GLENWOOD SPRINGS, COLORADO 81802
t c
(870) 945-5491 fAX (970) 9454081
y ~
d~ro3 ssO*a, T
April 25, 2006
_Westem Sage Development
ATTN: Mr. Jay Peterson
108 South Frontage Road West
suite 108
Vail, CO 81657
RE Western Sage PUD - VVikMge
Dear Jay:
This fetter shall serve as Holy Cross Energy's fir* approval and acceptance of the primary elect
improvements located in Western Sage PUD. ✓
HOOLLYY CROSS ENERGY
Jeffrey P. Vroom
Senior Engineering Technician
_(970) 947-5425 direct line
ivroom(Mholycross.com
JPV. Electronic
W/0#19210:49-38:VVESTERN SAGE PUD - VVILDRIDGE
At.:,
A Touchstone Encrg•°I Cooperative
//4,, -;P,. Z
Xcel Energy-
October 7, 2005
Jay Peterson
108 South Frontage Road
Suite 208
Vail,Colorado $1657
RE: Request for new Gas Service
Service Address: Gas Main to serve 5201, 5203, 5205, 5207 & 5209 Longsun Lane, Avon
Dear Mr. Peterson:
P. 0. Box 1819
Silverthorne, Colorado 80498-1819
Thank you for requesting service to the above referenced location. As your primary contact person at Xcel Energy, I'm
committed to providing the coordination and support needed to satisfy your energy needs and meet your project schedule.
Based on the information you have provided and the service requirements requested, I have completed the engineering
design and cost estimate to provide Gas Main. The cost to provide non-refundable Gas Main is $0.00.
Xcel Energy, currently, does not provide trench and backfill in frost conditions. If this project is constructed during frost
conditions, the customer is responsible for trench, backfill and compaction November l' through April 15'h is the period for
denial of road cut permits from towns and counties.
Xcel Energy will not be responsible for the repair or replacement costs resulting from damages to "Irrigation Systems"
and/or other underground obstacles, which are not marked prior to beginning this installation.
Xcel Energy will not be responsible for the repair andlor replacement of sod and.'or landscaping.
This estimate is valid for 120'days from the date of your request or 60 days from the date of this letter (whichever extends
further) and is subject to price increases thereafter. To minimize any possible delay in meeting your construction schedule, it
is imperative brat you sign and return all agreements and return your construction payment promptly. Please have the
party responsible for your job site coordination review the list of Standard Contingencies and proposed installation
drawing and notify me of any problems in complying with these requirements. Please sign the enclosed Contingency
List, Concurrence Drawing and Customer Provided Trench Agreement and return with your construction
payment. Your response to this letter is imperative. Construction will not be scheduled nor will material be ordered
until all documents and oavment have been received
As your primary contact for this project i may be reached at 970-2624024 (office), or you may FAX information to me at
970-262-4038. Appointments are requested.
Should you have any questions or concerns with regard to this information, please contact me at your earliest opportunity.
We look forward to being your energy provider.
Sind rely.
`
Bo ' ectibician
Dep tp t/Mountain Division
a Page 2
i•
Page I of')
Jay Peterson
From: "George Ruther' <GRuther@vailgov.com>
To: <jkp@vail.net>
Sent: Tuesday, August 01, 2006 8:58 AM
Subject: Fwd: RE: Acceptance of Utility Improvements
Jay-
Comcast Cable Communications has accepted the shallow utiltiy
improvemems as installed in the Western Sage PUD. On Monday, July 31 st
John Farrell, a construction supervisor with Comcast, visited the site.
Upon inspecting the improvements, Mr. Farrell has accepted the utiltity
work on behalf of Comcast. I have forwarded to you Mr. Farrell's write
response.
Let me know if you need anything else.
Thanks,
George
George Ruther, A1CP
Chief of Planning
Town of Vail
(970) 479-2145 office
(970) 376-2675 cell
(970) 479-2452 fax
gruther@vailgpv.com
"Farrell, John" <Jahn_Farrell(ca cable.comcast.com> 07/31/2006 4:53 PM
George.
The conduits at the west end of Longsun Lane in Wildridge appear
to
have been installed to Comcast Cable Communications specifications.
Thank you for including us in your planning.
John Farrell
Construction Supervisor-Eagle and Summit Counties
Comcast Cable Communications -
-----Original Message----
From: Dorcas, Bradley A
Sent: Wednesday. July 26, 2006 3:45 PM
To: Farrell, John
Subject: FW: Acceptance of Utility Improvements
8/8/2006
Page 2 of 3
-----Original Message-----
From: George Ruther [mailto:GRuther@vailgov.com]
Sent: Friday, July 2l , 2006 3:46 PM
To: Dorcas, Bradley A; Samuel.Tooley(rzgwest.com
Cc: jkpr yail.net
Subject: Acceptance of Utility Improvements
Gentlemen-
As you will recall, shallow utility, construction plans for the Western
Sage PUD, Lots 1-8, a resubdivision of Lots 54, 55, 89, & 90, Block 4,
Wildrdige Subdivision, located in the Town of Avon; were submitted to;
and approved by each of you as representatives for Comcast Cable and
Qwest in April of 2005, respectively. Since granting your approval,
the
installation of the utiltiy improvements have been completed as noted'
on
the Shallow Utility Construction Plans.
At this time, we are requesting the release of a Letter of Credit
from
the Town of Avon, pursuant to our Subdivision Improvements Agreement..
Prior to the release fo the Letter of Credit, the Town Engineer is
requesting letters from the shallow utility providers (Comcast Cable
and
Qwest) certifying "that the conduit installation was performed per
applicable utility providers standards".
The purpose of my email is to request a written response from you
verifying the following,-" that•the conduit installation was performed
per applicable utility providers standards".
Should you have any questions regrading my request, or if you would
like to-schedule a time'to meet on site-to view the improvements,
please
do not hesitate to call me at 970 376-2675 or respond to this email.
If you are able to accept the improvements as requested, simply
respond
to this email stating your acceptance.
, Thank you in advance for your time.
George Ruther
(970) 376-2675
George Ruther. AICP
Chief of Planning
8/8/2006
Town of Vail
(970) 479-2145 office
(970) 376-22675 cell
(970) 479-2452 fax
gruther.(%,vai 1.9ov.com
Page 3 of 3
8/8/2006
Page 1 of 3
Jay Peterson
From: "George Ruthef' <GRuther@vailgov.com>
To: <jkp@vail.net>
Sent: Thursday, August 03, 2006 8:16 AM
Subject: Fwd: RE: Acceptance of Utility Improvements
Jay-
Below is a written response for Qwset Communications acknowledgin their
acceptance of the shallow utilities installed at Western Sage.
Thanks,
George Ruther. AICP
Chief of Planning
Town of Vail
(970) 479-2145 office
(970) 376-2675 cell
(970) 479-2452 fax
~vailgov.com
gruther(d
"Tooley, Samuel" <Samuel.Tooley;a;gwest.com> 08/02/2006 3:20 PM
George,
Yes. Qwest has accepted the conduit structure built with in the
Western
Sage PUD.
Thanks.
Sam Tooley
Qwest Senior Design Engineer
970-468-6860 office
970-333-0085 wireless
-----Original Message-----
From: George Ruther [mailto:GRuther@vailgov.com]
Sent: Friday. July 21. 2006 3:46 PM y
To: Bradley_Dorcas~a cable.comcast.com; Tooley. Samuel
Cc: jlcpanail.net
Subject: Acceptance of Utility Improvements
Gentlemen-
As you will recall. shallow utility construction plans for the Western
Sage PUD, Lots 1-8, a resubdivision of Lots 54. 55. 89, & 90. Block 4.
Wildrdige Subdivision, located in the Town of Avon, were submitted to,
8/8,12006
and approved by each of you as representatives for Comcast Cable and
Qwest in April of 2005, respectively. Since granting your approval,
the
installation of the utiltiy improvements have been completed as noted
on
the Shallow Utility Construction Plans.
At this time, we are requesting the release of a Letter of Credit
from
the Town of Avon, pursuant to our Subdivision Improvements Agreement.
Prior to the release fo the Letter of Credit, the Town Engineer is
requesting letters from the shallow utility providers (Comcast Cable
and
Qwest) certifiying "that the conduit installation was performed per
applicable utility providers standards".
The purpose of my email is to request a written response from you
verifying the following, "that the conduit installation was performed
per applicable utility providers standards".
Should you have any questions regrading my request, or if you would
like
to schedule a time to meet on site to view the improvements, please do
not hesitate to call me at 970 376-2675 or respond to this email.
If you are able to accept the improvements as requested, simply
respond
to this email stating your acceptance.
Thank you in advance for your time.
George Ruther
(970) 376-2675
George Ruttier. A1CP
Chief of Planning
Town of Vail
(970) 479-2145 office
(970) 376-2675 cell
(970) 479-2452 fax
grutherr%vai lg o v. com
This communication is the property of Qwest and may contain
confidential or
privileged information. i.,nauthorized use of this communication is
strictly
prohibited and may be unlawful. If you have received this
communication
Page 2 of 3
818(2006
in error-,,please immediately notify the sender by reply e-mail and
destroy
all copies of the communication and any attachments.
i
Page 3 of 3
i
's
8/8/2006
/-/am B
07/30/2006 10:19 9707481102 THE REYNOLDS CORP PAGE 01
The Reynolds Corporation
P.O. Boa 739
Avon, Colorado 91620
July 27, 2006
To whom it may concern,
The Reynolds Corporation was contracted to const<w the redevelopment of lots
54,55,89,90, Block 4, property now known as the Western Sage Subdivision in the
W'Bdridge Subdivision in Avon, Colorado. Under contract we constructed all the
infrastrrrctm and roadway per plans and specification. All work as of the date above has
been complete to the satisfaction of the developer. The Reynolds Corporation has been
paid in fWl for all work and materials needed to complete the project
If you have any finiher question please feet free to contact me on my cell phone
970-904-4226.
Sincerely,
The Reynolds Corporation
Albert D. Reynolds l ideut
i
j
4
J