ORDER NO. 31172 LETTER OF CREDIT FOR RANCHES OF SUNSET RIDGE OR REQUEST MAINTENANCE BOND Came to be heard this the 26th day of January, 2009, with a motion made by Commissioner Letz, seconded by Commissioner Williams, the Court unanimously approved by a vote of 4-0-0 to: Authorize Road & Bridge Department to get with Developer to get a new Letter of Credit #221 for Ranches of Sunset Ridge in the amount of $94,120.50, and extend the Letter of Credit for up to one year to March 26, 2010. ~I 311 '7 -~- ~' I COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORGINAL AND ONE COPY OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. PLATS OR LARGE FORMATS PLEASE FURNISH 6 COPIES. MADE BY: LEONARD ODOM MEETING DATE: JANUARY 26, 2009 OFFICE: Road & Bridge TIME PREFERRED: 10:05 AM SUBJECT: (PLEASE BE SPECIFIC) Consider, discuss and take appropriate action to either decrease the Letter of Credit for Ranches of Sunset Ride or request a Maintenance Bond be issued for a year to finish the remainder of items to be completed. Pct. 3. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: LEONARD ODOM ESTIMATED LENGTH OF PRESENTATION: 5 minutes ,,,~F 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: n, 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. "'~wrw` w ~ X ~ ~; Oounh pf ~eN Kerr County Road & Bridge 4010 San Antonio Hwy Kerrville, Texas 78028 TO: COMMISSIONER'S COURT FROM: LEONARD ODOM DATE: JANUARY 26, 2009 RE: THE RANCHES OF SUNSET RIDGE HAVE A LETTER OF CREDIT #221 FOR $313,735 THAT IS TO EXPIRE ON MARCH 26, 2009. WAYNE WELLS DID A MAINTENANCE INSPECTION ON JANUARY 14, 2009. WAYNE NOTED THAT BROOMING OF THE PAVEMENT WOULD NEED TO BE DONE PRIOR TO ACCEPTANCE, AND THAT THE ROW. WOULD NEED AN ADEQUATE STAND OF GRASS AND THAT SIGNS WOULD BE IN GOOD CONDITION PRIOR TO ACCEPTANCE. WE ARE ASKING THE COURT TO EITHER REDUCE THE RANCHES OF SUNSET RIDGE'S LETTER OF CREDIT TO 30% OF THE $313,735 AMOUNT OR REQUEST THAT CROCKETT NATIONAL BANK ISSUE A MAINTENANCE BOND FOR THE SAME REDUCED AMOUNT. THE NEW AMOUNT WOULD BE FOR $94,120.50. WE ALSO AT ~""'` THIS TIME WE ASK TO HAVE THEIR TIME FRAME EXTENDED ONE YEAR SO THEY WOULD BE ABLE TO GET THE GRASS TO GROW IN THE ROW. WE FEEL AT THIS TIME WITH THE DROUGHT AND TIME OF YEAR IT WOULD BE DIFFICULT TO GET THE GRASS TO TAKE HOLD. AT THIS TIME WE ASK FOR YOUR GUIDANCE IN THIS ISSUE TO EITHER REDUCE THE LETTER OF CREDIT OR HAVE THEM ISSUE A MAINTENANCE BOND FOR 30% OF $313,735, WHICH WOULD BE $94,120.50 AND EXTEND THE PERIOD FOR ONE YEAR. Kh CC MEMO RANCHES AT SUNSET RIDGE.doc TO: Len Odom, Kerr County Subdivision Administrator FROM: L. Wayne Wells, P.E. ~""~'' DATE: January 14, 2009 SUBJECT: Maintenance Inspection of The Ranches on Sunset Ridge Subdivision I performed a maintenance inspection of the above referenced subdivision, on November 12, 2008. This was almost exactly one year after we made our Final Inspection of construction, for the beginning of the one year maintenance period. The paving was satisfactory, except brooming needs to be performed prior to acceptance for maintenance. The R. O. W. has a few minor problems. There is not an adequate stand of grass and there are some rough areas in the ditches. Since this road system will be accepted into the Kerr County road maintenance system, provided it passes another Final Inspection at the end of the warranty period, I see a problem with this at the present time. Any attempt to lay topsoil and establish a grass cover, at this time of the year is extremely difficult , at best. I understand that no significant rainfall has fallen since the project was completed. However, Lasso Ranch Subdivision was completed at approximately the same time and it has an adequate stand of grass. The culvert was not inspected to see if it was clean and signs were in good condition at the time. These items will be addressed at the end of the warranty period. I recommend that Kerr County notify the Developer to provide an adequate stand of grass by the end of the maintenance period, address the other two items mentioned, and check the signs for damage and any need for replacement. I would further remind him that the ,,, maintenance security on the project will have to be extended, until it is accepted for maintenance by Kerr County. If you have any questions or require further information regarding this matter, please contact me. _: „~,..__ Sincerely, ~ ~ •'~ ~'~"- ~~ =~ 9 ~~QQ ~~a a .~~~`'~rv . ~ / ~ 9'idP9976~~ W1G'~•.•~~~~ y~~~:~ a ~'1 ~ ~~" ~~Ca L. Wayne Wells, P.E. ~~~8r • ~s~ Kerr County Contract Engineering Consultant ~~~~? ! " APPENDIX D ~ LETTER OF CREDIT NO. 221 Check on of the following: (X) Construction of Roads, Streets, and Alleyways ( ) Maintenance of Roads, Streets, and Alleyways ( ) Construction of Utilities, and/or Drainage in Ranches of Sunset Ride (Name of Subdivision or Location) A DEPOSIT ON BEHALF OF Center Point Partners, LC. This is an irrevocable letter of credit issued to the County of Kerr, Texas, at the request of Kerr County Road and Bridge, in accordance with Chapter 5, V.T.C.A., Texas Business and Commerce Code. This Bank promised to pay to the order of Kerr County, Texas upon presentation of a sight draft, any amount not exceeding the cumulative total of $313,735 on or after March 26, 2007. This is not a notation credit, and Kerr County, Beneficiary, shall be entitled to payment without the presentation of documents. In accordance with Section 5, 106 of the Texas Business and Commerce Code, this letter of credit may be modified by the reduction of the total outstanding and unused amount of this credit, upon the execution and delivery to issuer of a sworn statement making demand by the Subdivision Administrator of Kerr County, or by anyone purporting to be his duly authorized agent, and presenting a document to that effect on Kerr County letterhead. This letter of credit shall expire on March 26, 2009. IN WITNESS WHEREOF, the Issuer has caused this letter to be signed and attested by its duly authorized officer(s) who has attached proof of this authorization to sign, and sealed with the Issuer, this 26th day of February, 2007. ISSUER: Crockett National Bank 502 S. Ko~niaheim San Flo, T~~f6903 BY: ~lak~~el~en,§, dice President Signature: