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HomeMy WebLinkAboutUntitled (2) Cato 435 tvfAIN9i Town of FOUNTAIN HILLS DEVELOPMENT SERVICES ion � DEPARTMENT May 2,2013 The Summit at Crestview Condominium Association,Inc. do Eric Gerster,Community Manager Rossmar&Graham 9362 East Raintree Drive Scottsdale,Arizona 85260 Re: Subdivision Bond Proceeds Dear Mr. Gerster: • I am writing regarding the series of discussions that have taken place between representatives of the Town of Fountain Hills (the "Town") and The Summit at Crestview ® Condominium Association, Inc. ("Summit") regarding completion of the Final Punch List for the Summit at Crestview dated August 12, 2008 (the"Punch List"),a true and connect copy of which is attached hereto as Exhibit A and incorporated herein by reference. As you know,the Town held a Subdivision/Offsite Improvement Bond from Arch Insurance Company("Arch'),Bond Number SU 500 8050(the"Bond"). The Town made claim against Arch in the amount of$135,000.00 under the Bond for the Summit at Crestview offsite improvements (the"Claim"). Arch rejected the Claim, and subsequent, protracted negotiations between Arch and the Town resulted in a settlement by which Arch issued payment in the sum of$79,577.00 (the "Settlement Funds") to the Town for payment of the Claim in full. The Town will apply the Settlement Funds toward completion of the Punch List in the following manner. 1. The Settlement Funds will be applied to the cost to complete Punch List items 2, 7, 8.1, 8.2, 10, 12.1, 14, 15, 16 and 17,and any remaining funds shall be put toward the completion of item 18 (the "Bond-Funded Punch List Items"). Summit shall be solely responsible for paying for the costs to complete items 1, 9, 11.1 and 13.1 on the Punch List(the "Summit-Funded Punch List Items"). The Bond-Funded Punch List Items and the Summit-Funded Punch List Items are collectively referred to herein as the"Punch List Items"). 2. Representative(s)from Summit shall meet with Town staff to review the exact scope required for completion of the Punch List Items prior to commencing work. 3. Summit shall make arrangements with contractors of its choice to have the Punch List Items completed and will inspect all work performed. All invoices from such ® contractors for the work shall be sent to the Summit for review and approval. Page 1 of 1 Eric Gerster Rossmar&Graham May 2, 2013 Page 2 4. Approved invoices shall be forwarded from Summit to the Town,which will issue payment directly to the contractor. Summit will be responsible for notifying the selected contractors that the Town issues checks only on the 1st and 15th(or next business day) of each month, and that such limited check processing may delay payment. 5. The Town will not be responsible for payment of any amount in excess of the Settlement Funds. Summit shall be solely responsible for (i) all costs for the Bond-Funded Punch List Items that are in excess of the amount of the Settlement Funds and(ii)all costs related to the Summit-Funded Punch List Items. 6. All work on Bond-Funded Punch List Items shall be subject to final inspection and approval by the Town prior to any new building permits being issued for lots in the Summit at Crestview development. I believe that this letter accurately sets forth the agreement that was reached through discussions between the Town and Summit at Crestview. If this letter is consistent with your understanding of the parties' agreement, please counter-sign this letter in the space below and return one original to my office. A duplicate original is enclosed for your convenience. If you have any questions or want to talk with me about this matter,please do not hesitate to contact me at 480-816-5130. Sincerely, Kenneth W.Buchanan Town Manager ACCEPTED AND APPROVED: THE SUMMIT AT CRESTVIEW CONDOMINIUM ASSOCIATION,INC., an Arizona non-profit corporation By: �/ + Christopher D. Barr,President Enclosure 1940848 EXHIBIT A TO LETTER AGREEMENT BETWEEN TOWN OF FOUNTAIN HILLS AND THE SUMMIT AT CRESTVIEW CONDOMINIUM ASSOCIATION, INC. [Final Punch List] See following page. • • I 0 I t` lit TOWN OF FOUNTAIN HILLS ., .✓j Final PUNCH LIST Date Issued:08/12/08 t Project: Summit at Crestview Date Accepted: I Issued By: Justin Weldy Accepted By: _Note No changes as of 02109/10. No. ITEM ' STATUS GENERAL NOTES: ' 1 Submit'Wier As-Builds' Needed 2 Preservative seal. Needed) 11 1 3 Flow lest all curb and gutters Complete I 4 Water CO,8 Sanitary District letters of acceptance Water,receved 01/12/06 Complete 5 Sweep and clean streets and tanker Complete 6 P.unchtal4sut4eyinondments Nee** 7 Signing and striping,please provide approved plan,for Insoecbon. Needed' 8, I Skyline Drive,complete side walk,STAI4+00 16+00,complete Hand rail STA 14.50 14+70 Needed! 8,2 STA 16+00,Grade slopes behind parking stall,Groom or remove piles left over from excavation, _ Needed E '9 Remove all Construction materials Irom rig d way, ompletej Paint all Utility oxes. TT Needed 10 Slopes not per plan through out site.Grade slopes per plan.Remove large rocks from lop,and any, Needed over hang.Groom slopes where needed.NOTE,approval from council is needed to encroach into HPE. Needed i l l Mountain Vista Court, 'I I. 1 Remove all construction materials from ADA parking,concrete,wood,pipe act, Needed 12 Sonora Vista 12. 1 Cull De Sac,clean up dirt piles left between curb and ret wall.STA 5+50 replace concrete panel, lop of catch basin. Needed i 1 13 Valley Vista,STA 5+26,draii outlel,ljp rap too small and too shallow,replace with D=50 12" 113.1 Remove left over excavation material next to ret wall, address 14945-14927.Lot#58 after removal of- `_mod Needed surplus soli, remaining fill is not suitable for building. Contact Building Safety before proceeding. 14 Palisades,Reveg and Hydro seed sewer and storm drain disturbance areas. Needed 15 Shea,Reveq and Hydro seed temp construction road.Remove silt fence trash and concrete in wash Needed 16 All Fire Hydrants must meet MAC Detail 360 and 362. Needed 17 Replace all damaged concrete that will not be affected by on going building lot construction. 18 Call PAZ For Landscape Final,480-816-5131 - Needed cc: Randy Harrel - Needed Icc: Raymond Rees cc: Jason Field I Cc: Peter Johnson jcc: File GAFORM.NNCHLISTALS •