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OCT 19 7983 ` N -H 109 TO: The Honorable Members of the DATE: October 11, 1983 FILE: Board of County Commissioners THROUGH: Michael Wright, County Administrator FROM: James W. Davis, P.Ec Public Works Director DESCRIPTION AND CONDITIONS SUBJECT: Request to Release the Outstanding Balance, of "Letter of Credit" - Seagrove South Subdivision 1) Patricia A. Murray, Corporate Investment Co., to James Davis dated REFERENCES:Augu!rt 29, 1983 2) Brett Culpepper, Eng. of Record to James Davis dated May 27, 1983 . 01 Ke= James Davis dated Sept. 28, 1983 During the June 1, 1983 meeting of the Board of County Commis- sioners, Final Plat approval of Seagrove South Subdivision was granted subject to the developer amending an original "Letter of Credit" for the Project from $444,199.35 (Nov. 18, 1982).to $60,000 to cover the cost of improvements not yet constructed on June 1, 1983. At this time, the developer, by copy of above referenced letter 1, is requesting release of the remaining $60,000 letter of credit. The roads are to be privately dedicated. During the Subdivision Review Committee meeting of August 3, 1983, (minutes attached) the County and Developer agreed to allow a curvalinear road alignment and the preservation of as many trees as possible with the condition that the edge of pavement shall not be less than 5 feet from any obstacle, tree, fixed object, or right-of-way line. As a result, a note appeared on the approved Preliminary Plat drawing and on the approved Construction Drawings to implement this agreement. At the request of the County, the Engineer -of -record submitted as -built drawings showing the following discrepancies 1) At the north east corner of the Subdivision, pavement has been constructed outside of the limits of the right- of-way. The developer has stated that the land owner of the unplatted parcel has re -quested this action to provide a better driveway connection. 2) Trees axe various locations have been left within 5 feet of the edge of pavement. 3) The roadway pavement is closer than 5' from the right- of-way line in some locations. The developer is requesting a variance from these items. A release of lien on the project has been received in escrow by the County Attorney's office from Dickerson, Inc. Once the "Letter of Credit" is released, the Developer has indicated that Payment to the Contractor will be performed.