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HomeMy WebLinkAboutR94-116 extesnion of warranty period for Silverado Estates filing 1j 543646 B -647 P -604 08/11/94 05:34P PG 1 OF 2 REC DOC Sara J. Fisher Eagle County Cleric & Recorder 0.00 Commissioner moved adoption of the following esolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 94 -_Z,6r2 AUTHORIZING EXTENSION OF THE WARRANTY PERIOD REQUIRED UNDER THE SUBDIVISION AND OFF -SITE IMPROVEMENTS AGREEMENT SILVERADO ESTATES, FILING 1 COUNTY OF EAGLE, STATE OF COLORADO 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 September 25, 1989 ( "Agreement ") with Howard Clark, ( "Subdivider "), as a condition of final plat approval for Silverado Estates, Filing 1, a resubdivision of Block 4, Filing I, Aspen Junction Subdivision ( "Subdivision "); and WHEREAS, pursuant to the terms of said Agreement, collateral was provided by Howard Clark in the form of a Letter of Credit in the amount of $88,400.00 to guarantee faithful completion of certain improvements set forth in the Agreement; and WHEREAS, by Resolution No. 90 -9, collateral was reduced to $24,900.00 which was retained as collateral for the work required to be done; and WHEREAS, by Resolution No. 90 -85, collateral was reduced to $8,840.00 which was retained as collateral for the required warranty period; and WHEREAS, by Resolution No. 92 -77 it was determined that the improvements required under the Agreement required certain corrections and therefore the warranty period was extended to August 13, 1993 to ensure proper completion of the improvements; and WHEREAS, by Resolution No. 92 -77 and Agreement dated August 9, 1993, between the County and Subdivider, a second extension to the warranty period was granted to August 13, 1994; said extension was granted due to litigation regarding the Subdivision; and WHEREAS, said litigation has concluded and the Subdivider here desires to further extend the warranty period to August 13, 1995, to provide for the correction of those certain public improvements as prescribed by the Department of Engineering in Resolution No. 92 -77; and NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, the requested extension of the warranty period to August 13, 1995 is appropriate and is hereby granted for the mutual benefit to be derived by said extension. THAT, all other provisions of the Agreement shall remain in full force and effect. MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, this - day of August, 1994. COUNTY OF EAGLE, STATE OF d COLORADO, By and Through Its ATTEST: BOARD OF COUNTY COMMISSIONERS Crerk to the toard of County Commissioners By: 2' � _ L'L� Georg . Ga es, Commissioner Commissioner _� rP/J seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Johnnette Phillips Commissioner James E. Johnson, Jr. Commissioner George A. Gates _f This Resolution passed by [3 — 0 vote of the Board of County Commissioners of the County of Eagle, State of Colorado. r \silver.ext sub # 89 -108 543646 B -647 P -604 08/11/94 05:34P PG 2 OF 2