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HomeMy WebLinkAboutWPO201100010 Bond Erosion Control Plan 2012-10-05COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 Fax (434) 972-4126 October 5, 2012 Thomas L. Filer Virginia Community Bank 114 Industrial Drive Louisa, VA 23093 Re: Old Trail Village Block 23 Final Site Plan / Plan #WPO -2011-00010 Water Protection Performance Bond - $40,700 (Erosion & Sediment Control $36,000; Stormwater Management & Water Quality $4,700) Virginia Community Bank Letter of Credit No. LC -581 Dear Mr. Filer: Based upon the most recent inspection of the referenced project, Virginia Community Bank Letter of Credit No. LC -581 may be reduced to $11,700 (Erosion & Sediment Control $7,000; Stormwater Management & Water Quality $4,700). By copy of this letter, I am notifying March Mountain Properties, LLC and Beights Properties II, LLC of this reduction. Please contact Ana D. Kilmer (434-296-5832, ext. 3246) if you should have any questions concerning this reduction. Betty J. Burrell Director of Finance Department of Finance ADK/ Copy: March Mountain Properties, LLC and Beights Properties II, LLC JADEPnCommunity DevelopmenAAdminislralion Division\Shiff cti\BONDSxtEDUCEIOld Trail Village Block 23 Final Site Plan - WP.doc 0 COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road Charlottesville, Virginia 229024596 Phone (434) 296-5832 Fax(,U4)9T1 I26 EROSION CONTROL PERFORMANCE BOND REDUCTION PROJECT NAME:( ; , 8 b, ),1 23 PLAN/PERMIT NO.: 2p/1 - 000l o DATE: I S el ) 2 - This project has been partially completed and the Erosion Control Performance Bond may a be reduced to: $ 7ci' 44--q Current amount: $ Erosion Control Inspector Copy: Ana Kilmer, Management Analyst BOND ESTIMATE - EROSION CONTROL Spreadsheet last revised:1-5-10 PROJECT NAME: Old Trap Slack 23 PROJECT NUMBER: 2011.00010 DATE OF ESTIMATE! 09111/12 ESTIMATE BY: MRH BASED ON: Reduction WATER ITEM DESCRIPTION UNIT QUANTITY UNIT COST ITEM TOTAL SEED, FERTILIZE, MULCH ACRE 1.5 15W 2250 SILT FENCE LF 720 5 3500 WIRE SUPPORTED SILT FENCE LF 0 10 0 Tree Prolixti l Fence LF 0 5 0 SAFETY FENCE LF 0 3 0 TEMPORARY FILL DIVERSION LF 0 3 0 DIVERSION DACE LF 0 3 0 TEMPORARY SLOPE DRAIN LF 0 20 0 SEDIMENT TRAP 1 ACRES 0 1000 0 SEDIMENT TRAP 2 ACRES 0 1000 0 SEDIMENT TRAP 3 ACRES 0 1000 0 SEDIMENT TRAP 4 ACRES 0 1000 0 SEDIMENT TRAP 5 ACRES 0 1000 0 SEDIMENT TRAP 6 ACRES 0 1000 0 SEDIMENT TRAP 7 ACRES 0 1000 0 SEDIMENT TRAP 0 ACRES 0 1000 0 SEDIMENT TRAP 9 ACRES 0 1000 0 SEDIMENT TRAP 10 ACRES 0 1000 0 SEDIMENT TRAP 11 ACRES 0 1000 0 SEDIMENT TRAP 12 ACRES 0 1000 0 SEDIMENT TRAP 13 ACRES 0 1000 0 SEDIMENT TRAP 14 ACRES 0 1000 0 SEDIMENT TRAP 15 ACRES 0 1000 0 SEDIMENT TRAP 19 ACRES 0 1000 0 SEDIMENT TRAP 17 ACRES 0 1000 0 SEDiAtENTTRAP 19 ACRES 0 1000 0 SEDIMENT BASIN I ACRES 0 1000 0 SEDIMENT BASIN 2 ACRES 0 1000 0 SEDIMENT BASIN 3 ACRES 0 1000 0 SEDIMENT BASIN 4 ACRES 0 1000 0 SEDIMENT BASIN 5 ACRES 0 1000 0 SEDIMENT BASIN 6 ACRES 0 1000 0 SEDIMENT BASIN 7 ACRES 0 1000 0 SEDIMENT BASIN a ACRES 0 1000 0 SEDIMENT BASIN 9 ACRES 0 1000 0 SEDIMENT BASIN 10 ACRES 0 1000 0 Stream Crossing Type 1-1 EA 0 1000 0 Stream Crossing Type 1-2 EA 0 1000 0 Stream Crossing Type 1-3 EA 0 1000 0 Stream Crossing Type 2-1 EA 0 3000 0 Stream Crowing Type 2-2 EA 0 3000 0 Stream Crossing Type 2-3 EA 0 3000 0 Stream Crossing Typo 3-1 EA 0 5000 0 Stream Crossing Type 3-2 EA 0 5000 0 Stream Crossing Type 3-3 EA 0 5000 0 CULVERT INLET PROTECTION EA 0 500 0 INLET PROTECTION EA 0 200 0 Drop Inlet ReW 1 Completion < 25 EA 0 1000 0 Omp kN®t Repair I Corrrpietion > 25 EA 0 500 0 OUTLET PROTECTION EA 0 200 0 EC -2 3 3 DITCH PROTECTION LF 0 10 0 RIP4W LF 0 55 0 WEIRS IN SILT FENCE SQ.YO. 0 30 0 CHECK DAMS SO.YD, 0 30 0 PAYED CONSTRUCTION ENTRANCE EA 0 2000 0 SUBTOTAL 5650.00 Preget Management LS 15% 97750 Items + Management LS 6727.50 PMjW Administration LS 10% 672.75 TOTAL 740025 ORi fNALAMQUNT 36coo 20°;OFORIGINAL 7200 GREATER AMOUNT - 25% OR TOTAL 740025 BOND AMOUNT REQUIRED 7000 00 WATER PROTECTION PERFORMANCE BOND The,undersigned, March Mountain Properties LLC and Beights Properties 11, LLC, Principal(s), is/are held and firmly bound to the County of Albemarle, Virginia, in the penal suns of $40,700.00 , for which payment I/we jointly and severally bind myself/ourselves and my/our heirs, executors, administrators, successors and assigns. Of this total penal suns, $36,000.0_ is the sum required pursuant to Albemarle County Code § 17-207 (erosion and sediment control); $4,700.00 is the sum required pursuant to Albemarle County Code § 17-306 (stormwater management and water quality). The condition of this obligation is such that the Principal(s) is obligated to satisfy the terrns and conditions of Water Protection Ordinance Application No(s). WPO -2011-00010 (hereinafter, the "Plan"), which said Plan and all specifications which are parts thereof are incorporated herein by reference, and all applicable requirements of Article Il (Erosion and Sediment Control) and/or Article III (Stormwater Management and Water Quality) of Chapter 17 (Water Protection) of the Albemarle County Code (hereinafter, "Chapter 17"), including any handbook and state law identified and referenced therein, related to the development of the project described as Old Trail Village Block 23 Final Site Plan . If the Principals), his/her/their heirs, executors, administrators, successors, or assigns, well and truly perform the terms, conditions, specifications and requirements of the Plan and Chapter 17, on or before the 13 day of _ 1. 2012, without variance, required thereby, then this obligation shall be void, otherwise it shall remain in full force and effect; provided that if, at any time during the term hereof, the Principal(s) shall commit and/or suffer or pertnit the commission or existence of any act, omission, or condition which shall constitute a violation of the Plan and/or Chapter 17, and fails, after proper notice of such violation is given by the Program Authority pursuant to Chapter 17, to take timely corrective action as specified in the notice, then the Principal(s) shall be in default of the terms of this bond, and all or such part of this obligation as may be required, including the security hereof shall be immediately payable to the County of Albermarle for purposes of abating such violation; and provided further that no payment made under the authority of the preceding provision shall in any way affect, impair, or diminish the obligation of the Principal(s) to complete and perform the improvements and measures hereinabove described. Page I oil In consideration hereof and as security for this obligation, the Principal(s) has/have heretofore caused to be issued to and for the benefit of the County of Albemarle, Virginia, a certain Letter of Credit dated '7 I 1 numbered �- �' ti , in the principal amount of $40300.00 , which is attached hereto. In witness whereof, the said Principal(s) has/have caused this instrument to be executed this � .day of� �T , 2011 . PRINCIPAL March Mountain Properties, LLC Beights Propertie LLC BY: (Plea4 sign above and print name below) (Please sig b e and dint name below) Gaylon T Beights Justin T. Beights TITLE: Manager Manager ADDRESS: P.O.Box 370 P.O. Box 370 Crozet VA 22932 Crozet VA 22932 PHONE: �t ss 3 1 2 1© a Rev, 7?7;W 3 ( 5-3 ( 13 � Approved as to Form: %—!3 —1 1 ty A40mey Date Accepted: County Engineer / Authorized Agent Date Page 2 of 2 110 <41% 4 e>00 ap Virginia Community Bank P.O. Box 888 Louisa, VA 23093-0888 540/967-2111 Date: July 11, 2011 County of Albemarle c/o Department of community Development Albemarle County Office Building 401 McIntire Road, North Wing Charlottesville, VA 22902-4596 Irrevocable Letter of Credit Number LC -581 Gentlemen: We hereby establish our Irrevocable Letter of Credit in your favor for the account of Beiahts Properties 11, LLC available by your draft on us at sight up to an aggregate amount of $40,700.00 accompanied by a certificate signed on your behalf by your duly authorized officer as follows: "This is to certify that Beights Properties II, LLC has failed to perform obligations in accordance with a project known as Old Trail Village Block 23 Final Site Plan, or otherwise failed to perform in accordance with a performance bond between March Mountain Properties, LLC & Beiahts Properties IL LLC and the County of Albemarle." All drafts drawn under this credit must contain the clause "Drawn Under Virginia Community Bank irrevocable Letter of Credit Number LC -581, dated 07111/2011 "and must be presented at our office at 114 Industrial Drive, Louisa, VA. 23093, not later than 07/11/2012, or any extension hereof, as provided below. Drafts may be presented by a written submittal delivered by certified mail (return receipt requested) or overnight courier. We hereby agree to duly honor upon presentation drafts under and in compliance with the terms of this letter of credit. This letter of credit shall be valid until 07/11/2012 and shall thereafter be automatically extended without amendment for a period of one year from the present or future expiration date hereof unless we notify you in writing, by certified mail (return receipt requested), 30 days prior to the present or future expiration date that we elect not to renew this letter of credit for such additional period. Each drawing shall reduce the amount of this credit dollar for dollar. You will refund to us from the funds drawn under this credit such funds not applied to correct the developer's failure to perform its obligations with the County of Albemarle. This original letter of credit must accompany the draft which exhausts credits and must be surrendered concurrently with the payment of such draft. The negotiation of any draft under this letter of credit shall be deemed a warranty to Virginia Community Bank by the beneficiary that the terms and conditions expressed herein have been fulfilled. This credit is subject to Article V of the Uniform Commercial Code as adopted in Virginia, and to the extent not inconsistent with the express terms hereof, is subje o the Uniform Customs and Practice for Documentary Credits, established by the international Chamber f ommerce, as in effect on the date of issuance of this credit. Sincerely, f' Virginia Community Bank BY: Thomas L. Filer TITLE: Vice President/Commercial Lender BOND ESTIMATE - EROSION CONTROL Spreadsheet last revised:12-5-01 PROJECT NAME: Old Trail Village Block 23 PROJECT NUMBER: WPO -2011-00010 DATE OF ESTIMATE: 06/15/11 ESTIMATE BY: PBC BASED ON: Plan dated 6/9 WATER ITEM DESCRIPTION UNIT QUANTITY UNIT COST ITEM TOTAL SEED, FERTILIZE, MULCH ACRE 3.48 1500 5220 (includes "offsite" SILT FENCE LF 720 5 3600 asphalt path to OTD) SAFETY FENCE LF 600 3 1800 TEMPORARY FILL DIVERSION LF 3 0 DIVERSION DIKE LF 570 3 1710 TEMPORARY SLOPE DRAIN LF 0 20 0 SEDIMENT TRAP 1 ACRES 2.05 1000 2050 SEDIMENT TRAP 2 ACRES 1.78 1000 1780 CULVERT INLET PROTECTION EA 0 500 0 INLET PROTECTION EA 11 200 2200 OUTLET PROTECTION EA 3 200 600 EC -2 & 3 DITCH PROTECTION LF 0 10 0 RIP -RAP LF 135 55 7425 CHECK DAMS SQ.YD. 0 30 0 PAVED CONSTRUCTION ENTRANCE EA 1 2000 2000 subtotal 28385.00 project management 4257.75 subtotal 32642.75 CONTINGENCY LS 10% 3264.28 TOTAL 35907.03 BOND AMOUNT REQUIRED EAO i V v- 1 F � liLUL 36000.00 BOND ESTIMATE - MITIGATION Spreadsheet last revised: 12-5-01 PROJECT NAME: PROJECT NUMBER: DATE OF ESTIMATE ESTIMATE BY: BASED ON: Old Trail Village Block 23 WPO -201 1 -00010 06/15/11 PBC Plan dated 6/9 ITEM DESCRIPTION UNIT QUANTITY UNIT COST ITEM TOTAL SEEDLING + INSTALLATION EA 488 7.5 3660 subtotal project management subtotal CONTINGENCY TOTAL BOND AMOUNT REQUIRED 3660.00 549.00 4209.00 LS 10% 420.90 4629.90 4700.00