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HomeMy WebLinkAboutR97-165 warranty period for Corn Construction - reclamationCommissioner (l a& moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO Resolution No. 97 - AUTHORIZING COMMENCEMENT OF THE WARRANTY PERIOD FOR THE RECLAMATION AGREEMENT CORN CONSTRUCTION CO. WHEREAS, pursuant to the Eagle County Land Use Regulations, the Board of County Commissioners of the County of Eagle, State of Colorado ( "County ") entered into a Reclamation Agreement ( "Agreement') dated May 27, 1997, with Corn Construction Co., a New Mexico corporation, ("Permittee ") as a condition of the issuance of a Special Use Permit for the construction of a Temporary Asphalt Plat located in unincorporated Eagle County ( "Site "); and WHEREAS, pursuant to the Agreement the Permittee provided the County with collateral to guarantee the reclamation of the Site as required under the Agreement in the form of a Performance Bond; and WHEREAS, Permittee has represented to the County, that the reclamation required under the Agreement has been completed and has asked that the warranty period be commenced; and WHEREAS, pursuant to the Agreement the County will continue to hold the Performance Bond for the duration of the two year warranty period; and WHEREAS, based upon the oral and written recommendations of the County Engineer, see Exhibit "A ", attached hereto and incorporated herein by this reference, THE BOARD FINDS that the reclamation required under the Agreement appears to have been completed and that the commencement of the warranty period would be appropriate. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, based upon the recommendations of the County Engineer, the commencement of the warranty period would be appropriate, the two year warranty period shall expire on November 10, 1999. THAT, the County will continue to hold the Performance Bond as collateral for the duration of the two year warranty period. THAT, this Resolution is necessary for the public health, safety and welfare of the citizenry of the County of Eagle, State of Colorado. MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the Z,5aL day of December, 1997. COUNTY OF EAGLE, STATE OF COLORADO, by and Through Its ATTEST: BOARD OF COUNTY COMMISSIONERS ln'�) At O By: Clerk to the Board of Phillips, County Commissioners JJohnnette Chairman es E. hns CommissioJoner 1, Commissioner Commissioner seconded adoption of the foregoing resolution. The roll having been called, t1fe vote was as follows: Commissioner Phillips Commissioner Johnson Commissioner Gates This Resolution passed by 3-0 vote of the Board of County Commissioners of the County of Eagle, State of Colorado. File No. 97 -66 lu`L•lU • : U1 1►l EAGLE COUNTY ENGINEERING TO: Eagle County Attorney's Office FROM: John M. Vengrin, Engineer-,-TMV Engineering Department DATE: November 10, 1997 RE: ZS- 00009, Corn Construction Special Use Permit, Commencement of Warranty Period per Reclamation Agreement I have reviewed the attached letter from Dennis Kirtland of Corn Construction Company which is attested by Chris Jouflas. In this letter, Corn Construction and Mr. Jouflas appear to have agreed on the method by which the small boulders on the reclaimed temporary asphalt plant site will be removed and the responsibility for payment. Based on this letter and a site inspection by Kathy Eastley, Chris Jouflas and myself at the reclaimed site of the temporary asphalt plant in Wolcott on 10/29/97, it is my recommendation that the warranty period for the reclamation work be allowed to commence under the provisions of the Reclamation Agreement dated 5/27/97. cc: George Roussos, County Engineer Dennis M. Kirtland, Corn Construction Company Chris Jouflas Kathy Eastley Chrono/File EXHIBIT CURN CONSTRUCTION Co. �cp��` 1 P.O. Box 1240 ®" i" (970) 434 -7301 rw F OFFICE & YARD 3199 D ROAD Grand Junction, Colorado 81502 November 3, 1997 Mr. Chris Jouflas 748 Golfmore Dr. Grand Junction, CO 81506 Dear Chris, We are in receipt of a letter from Mr. John Vengrin from Eagle County concerning an issue on the property we leased that is the subject of Eagle County Special Use Permit ZS- 00009. The issue concerns the small boulders left on the site. As we discussed, Corn Construction Co. will pay you for the rental of a backhoe and reasonable labor expense for the removal of the boulders, and that you will do the work at your convenience. It is expected the work will take one day. I also spoke to John Vengrin today. He agreed that if evidence of our mutual agreement to the terms set forth in this letter is provided to him, he will start the warranty period. Therefore, I ask that you sign the acknowledgment below and send this original letter to Mr. Vengrin. An envelope addressed to John is enclosed. Also please send a signed copy back to us in the enclosed envelope and one copy is for your records. As always thank you for your assistance and if you have any questions please call. W ly,' and Vice President I Chris Jouflas agree to the terms set forth regarding the removal of the small boulders from site at Wolcott. Chris 7oufl�p /Date EAGLECO DOC AN EQUAL OPPORTUNITY EMPLOYER to