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HomeMy WebLinkAboutR17-036 Frost Creek PUD Roadway Grading Permit No. MI-12007 and File No. PDF-12007 Eagle County, Co 201713376 Regina O'Brien 07/12/2017 Pgs: 2 01:12:33 PM REC: $0.00 DOC: $0.00 ,1 '_ CommissionerN444/v Duc.1-moved adoption of the following resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2017- 0 FINAL RELEASE AND SATISFACTION OF PUBLIC IMPROVEMENTS AGREEMENT AND FIRST AND SECOND AMENDMENT THERETO FOR FROST CREEK PUD ROADWAY GRADING PERMIT NO. MI-12007 AND FILE NO. PDF- 12007 WHEREAS, in accordance with the Eagle County Land Use Regulations, the Board of County Commissioners of the County of Eagle, State of Colorado ("County") entered into a Public Improvements Agreement dated May 31, 2005 and recorded with the Eagle County Clerk and Recorder at Reception No. 917945,with Kummer Development Corporation("Developer") as a condition of approval of the Frost Creek PUD Roadway Grading Permit; and WHEREAS, Developer and County entered into a First Amendment to the Public Improvements Agreement dated on or about the 2nd day'Of August, 2005, and recorded with the Eagle County Clerk and Recorder at Reception No. 9,24972 and a'Second Amendment to the Public Improvements Agreement dated September 20,,2005 and recorded with the Eagle County Clerk and Recorder at Reception No. 930761; and WHEREAS, County entered into a Subdivision and Off-Site Improvements Agreement dated April 4, 2006 for Frost Creek and Salt Creek, Filing No. 1, Frost Creek File No. PDF- 00091 (the"SIA")with Adam's Rib,the"Subdivider"under that SIA. The SIA was recorded at Reception No. 200608616 in the records of the Eagle County Clerk and Recorder; and WHEREAS, County and Subdivider entered into a First Amendment to the SIA on January 9, 2007 (the"First SIA Amendment"). The First SIA Amendment was recorded at Reception No. 200700840 in the records of Eagle County Clerk and Recorder; and WHEREAS, the improvements required under the Public Improvements Agreement and First and Second Amendment thereto are the same improvements identified in the SIA and First SIA Amendment. The Public Improvements Agreement, First and Second Amendment thereto, and SIA and First SIA Amendment are collectively referred to herein as the"Agreements"; and WHEREAS,by Resolution No. 2011-127 recorded at Reception No. 201119467 the County terminated the SIA and released all collateral; and WHEREAS, the County Engineering Department has reviewed the Agreements and Resolution No. 2011-127 and has confirmed that the improvements are complete, have survived the warranty period and are acceptable per the terms of the Agreements; and WHEREAS, the County is not currently holding any collateral as security for performance of the work identified in the Public Improvements Agreement and First and Second Amendments thereto. NOW, THEREFORE, BE IT AUTHORIZED BY THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, based upon the recommendations of the County Engineer and County Attorney, the Eagle County Board of County Commissioners finds that the obligations under the Agreements have been satisfied. THAT, this document shall be recorded in the records of the Eagle County Clerk and Recorder, which shall be evidence that the warranty period for work identified in the Agreements have been successfully completed. MOVED,READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado at its regular meeting held the ((lIday of J )L t , 2017. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its 2%y BOARD OF COUNTY COMMISSIONERS ATTEST: it • / 4;24 j co Losl' Clerk to the Board of Jil;' H. Ryan County C• ice' C air Jeanne M-Queeney Commi• ioner i// at' Chanel-Henry Commissioner Commissioner P ga-0— seconded adoption of the foregoing resolution. The roll call having been called, the vote as follows: Commissioner Ryan 4.4., Commissioner McQueeneysk-0`' Commissioner Chandler-Henry This Resolution passed by ° vote of the Board of County Commissioners of the County of Eagle, State of Colorado.