ORDER NO.30600
LETTER OF CREDIT #25399-S FOR LIVE SPRINGS RANCH
Came to be heard this the 13th day of November, 2007, with a motion made by
Commissioner Oehler, seconded by Commissioner Williams. The Court
unanimously approved by vote of 3-0-0 to:
Approve releasing the Letter of Credit #25399-S to Frost National Bank for Live
Springs Ranch, located in Precinct 4, contingent upon receiving payment for the
last invoice of $323.62 from Wayne Wells for engineering fees.
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COMMISSIONERS COURT AGENDA REQUEST
PLEASE FURNISH ONE ORIGINAL AND TEN COPIES OF THIS REQUEST AND DOCUMENTS
TO BE REVIEWED BY THE COURT.
MADE BY: Leonard Odom OFFICE: Road & Bride
MEETING DATE: November 13.2007 TIME PREFERRED:
SUBJECT• (PLEASE BE SPECIFIC)• Consider, discuss, and take appropriate action to release the
Letter of Credit # 25399-5 for Live Springs Ranch, Pct 4
EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON)
NAME OF PERSON ADDRESSING THE COURT: Leonard Odom
ESTIMATED LENGTH OF PRESENTATION: 5 minutes
:IF PERSONNEL MATTER -NAME OF EMPLOYEE:
Time for submitting this request for Court to assure that the matter is posted in accordance with
Title 5, Chapter 551 and 552, government Code, is a follows:
Meeting scheduled for Mondays: 5:00 P.M. previous Tuesday
THIS REQUEST RECEIVED BY:
THIS REQUEST RECEIVED ON:
All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has
been prepared for the Court's formal consideration and action at time of Court Meetings. Your cooperation
will be appreciated and contribute towards your request being addressed at the earliest opportunity. See
Agenda Request Rule Adopted by Commissioners' Court.
req 10
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Kerr County Road & Bridge
4010 San Antonio Hwy
Kerrville, Texas 78028
TO: COMMISSIONERS COURT
FROM: LEONARD ODOM
DATE: November 6, 2007
RE: Release Letter of Credit # 25399-5 for Live Springs Ranch
Live Springs Ranch has been completed. In your packet you will fmd a letter of Final Inspection
from Wayne Wells.
At this time we ask that you allow us to release the Letter of Credit #25399-5 to Frost National
Bank for Live Springs Ranch contingent upon receiving payment for the last invoice of $323.62
from Wayne Wells for engineering fee.
Th
live springs release
Live Springs Ranch, LP
755 E Mulberry Ave, Suite 600
San Antonio, TX 78216
(210) 821-6523
November 2, 2007
County of Kerr
4010 San Antonio Highway
Kerrville, TX 78028
Re: Letter of Credit No. 25399-S (Live Springs Ranch, LP)
To Whom It May Concern:
The road construction at Live Springs Ranch is complete. I am requesting approval to
cancel LOC No. 25399-5 which will expire in October 2008. If this is acceptable please
forward the original LOC to the following address:
Rick Young
Frost National Bank
PO Box 1600
San Antonio, TX 78296-1600
Sincerely,
Steve C ings
Chief Financial Officer
=~!'= Frost Barak
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Post Office Box 1600
San Antonio, Texas 78296-1600
IRREVOCABLE, CLEAN STANDBY LETTER OF CREDIT N0.25399-5
Date: October 6, 2006
Effective Date: October 10, 2006
Benef ciary:
County of Kerr
4010 San Antonio Highway
Kerrville, Texas 78028
Re: Construction of Roads, Streets, and Alleyways
Expiration date: October 10, 2008
Applicant:
Live Springs Ranch, L.P.
755 E. Mulberry, Suite 600
San Antonio, Texas 78212
Gentlemen:
We hereby issue our Irrevocable, Clean Standby Letter of Credit No. 25399-5 (hereinafter
"Credit") in your favor up to the aggregate amount of US$587,797.00 (Five Hundred Eighty
Seven Thousand Seven Hundred Ninety Seven and NO/100 U.S. Dollars) available by your sight
draft(s) drawn on us at sight, marked "Drawn under Irrevocable Standby Letter of Credit No.
25399-S of The Frost National Bank, San Antonio, Texas" accompanied by the following:
1. This original Credit and all amendments thereto (if any). In the event of a partial drawing
the original Credit will be endorsed and returned to you, unless the Credit has expired or the
amount available is reduced to zero.
We hereby engage with you that documents drawn under and in compliance with the terms of
this Credit will be dulyhonored if presented for payment to The Frost l~Tatioral Bank, 100 West
Houston Street, San Antonio, Texas 78205, Attention: Letter of Credit Department RB-2 by 4:00
p.m. Central Time on or before the expiration date of this Credit.
This Letter of Credit is subject to the International Standby Practices 1998, International
Chamber of Commerce Publication No. 590 ("ISP98"), in effect on the date this Letter of Credit
is issued, and as to matters not addressed by ISP98 is subject to and governed by Texas State
Law and applicable U.S. Federal Law.
The Frost National Bank
John C. Lac , r. Vice President
A subsidiary of Cullen/Frost Bankers. Inc. NYSE Symbol: CFR.
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TO: Len Odem, Kerr County Subdivision Administrator
FROM: L. Wayne Wells, P.E.
DATE: October 31, 2007
SUBJECT: Final Inspection of Live Springs Ranch Subdivision
I have performed a Final Inspection of the above referenced subdivision, with a
representative of Edmund Jenschke, Inc., the Contractor on the project. We checked the
paving, R.O.W., culverts and signage. The paving is satisfactory and although I witnessed
all of the density tests on the subgrade and base construction, you need to verify that you
have all of the density reports in your files. I have done so for the Gillespie County
portion of the project, and I have all reports. The R.O.W. has a few minor problems. It is
not cleared of all debris and there is some erosion in rocky areas. This is similar to the
Gillespie County section. Any attempt to lay topsoil and establish a grass cover, at this
time is extremely difficult , at best. As I informed the Contractor, the Crillespie County
portion is acceptable in this condition, as it is a private road system and the County will
not have to maintain it. Future lot owners will clear any R.O.W. obstructions to mowing
and when they have an on-site water supply available, they should be able to lay topsoil
over the rocky areas in the ditches and establish a grass cover. Additionally, the eroded
areas and debris removal can be accomplished in the maintenance period. The culverts
were clean and the signage was excellent. The Engineer on the project provided a more
than adequate sign layout plan on the construction documents. The Contractor had
cleaned out the culverts prior to the Final Inspection. The Pre-final inspection revealed
that ,except for one culvert, they required only minimal cleaning.
I recommend that Kerr County release the construction security on the project and require
the Developer to provide the maintenance security on the project. This recommendation
is based on the final test reports in your possession and payment of any fees owed by the
Developer.
If you have any questions or require further information regarding this matter, please
contact me. _ _ _
Sincerely,
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L. Wayne Wells, P.E.
cc. Edmund Jenschke, Inc.
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TO: Len Odem, Kerr County Subdivision Administrator
FROM: L. Wayne Wells, P.E.
DATE: October 31, 2007
SUBJECT: Invoice # 8 for Engineering Services for Review of Live Springs Ranch
Subdivision
Submitted herewith is the above referenced invoice for my fees incurred on this
subdivision through October 31, 2007.
Professional: Includes coordination and meetings with Contractor; coordination and
meetings with Kerr County Road and Bridge; site visits for Pre-final and Final Inspections;
recommendation letter; and invoicing.
6.25 Hours @ $35.00 Per Hour = $ 218.75
Travel Time:
3.25 Hours @ $20.00 Per Hour = $ 65.00
Mileage:
82.2 Miles @ $0.485 Per Mile = 81.87
TOTAL (This Invoice ):
$ 323.62
If you have any questions or require further information regarding this matter, please
contact me.
Sincerely,
L. Wayne Wells, P.E.