HomeMy WebLinkAboutR95-140 termination of warranty period for Phase I of Arrowhead at Vail Filing 163 O 578671 B -682 P -664 12/05/95 04:12P PG 1 OF 3 REC DOC 1 Sara J. Fisher Eagle County Clerk & Recorder 0.00 Commissioner moved adoption of the followl.ng Reso ut on: RESOLUTION NO . 95 - NO "Phase -• WHEREAS, pursuant to C.R.S. 30 -28 -137, the Board of County Commissioners of the County of Eagle, State of Colorado ( "Board ") entered into a Subdivision Improvements Agreement dated July 6, 1993, ( "Agreement ") with Arrowhead at Vail, a Colorado Joint Venture ( "Subdivider "), as'a condition of final plat approval for .� Filing 16, Arrowhead at Vail; and WHEREAS, the Subdivider provided collateral in the form of a ' plat restriction to guarantee the faithful completion of the public improvements remaining In "Phase i" of the project; and WHEREAS, by Eagle County Resolution No. 93 -135, Subdivider substituted the collateral in a form acceptable to the Board with Letter of Credit No. 901 -4780 in the amount of $49,779.00, which amount represented ten percent of the original cost estimate which was held for the duration of the two year warranty period; and WHEREAS, by Eagle County Resolution. No.''93 -135 the Board commenced the two warranty period for Filing 16, Arrowhead at Vail, with an expiration date of October 15, 1995; and WHEREAS, Subdivider has represented that the subdivision improvements for Phase 1 have satisfactorily survived the warranty period; and WHEREAS, BASED upon the written recommendations of the Department of Engineering (see Exhibit A, attached hereto and incorporated herein by this reference) the Board finds that the warranty period has been successfully completed and that the full release of the collateral is appropriate. ,� THERE FORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, the Board hereby authorizes the full and final release of.collateral in the amount of $49,779.00. THAT, this resolution shall be recorded in the Records of the Eagle County Clerk and Recorder, which shall be evidence that the warranty period for Filing 16, Phase 1, Arrowhead at Vail, has been successfully completed and that the Subdivider's obligations under the Agreement are complete. MOVED, READ AND ADOP'T'ED by the Board of County Commissioners of the County of Eagle, State of Colorado, this day of December, 1995. George A. Gates, Commissioner r ) *o ette Phlii Cbmmissdioner Commissioner p seconded adoption of . the foregoing resoI u — tiqft. Me roii hYy been called, the vote was as follows: Commissioner James E. Johnson, Jr. Commissioner George A. Gates Commissioner Johnnette Phillips This Resolution passed by o� '-0 vote of the Board of County Commissioners of the County ot Eag e, State.of Colorado. arrow -l.war #82 -236 M G MEMORANDUM EAGLE COUNTY ENGINEERING TO: Nancy Lewis, Attorney's Office FROM: John Althoff, Engineering DATE: September 25, 1995 RE: Arrowhead at Vail, Filing 16, Phase I ------------------------------------------- Was up to the site on Friday, September 15, 1995 to review the project at the end of the warranty period and saw no problems. Would suggest releasing the $49,779.40 (100 of original) held and close out the Subdivision Improvements Agreement for this project. xc: George Roussos Chrono/File EXHIBIT 4