HomeMy WebLinkAboutR94-160 final release of collateral Wayne Creek Commonsy r Commissioner �Aypn moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 94 - /60 FAIRLAND DEVELOPMENT CORPORATION WAYNE CREEK COMMONS FINAL RELEASE OF COLLATERAL WHEREAS, pursuant to Section 30 -28 -137 C.R.S., the Board of County Commissioners of the County of Eagle, State of Colorado ( "Board ") did, on or about August 10, 1992, enter into a Subdivision Improvements Agreement ( "Agreement ") with Fairland Development Corp., by and through its president, Kraig Forbes (hereinafter "Developer "), as a condition of the Board's approval of the Final Plat of the Fourth Amendment to the Second Filing, Beaver Creek Subdivision, Wayne Creek Commons. WHEREAS, Developer presented Irrevocable Letter of Credit No. 8774781 in the amount of $33,000 as collateral for the warranty period in accordance with the terms of the Agreement; and WHEREAS, the Subdivide members of the County staff representations, (Exhibit A) materials failures and the satisfactorily completed. Subdivider has represented to the Board, and have corroborated the Subdivider's that there are no workmanship or two -year correction period has been NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO; THAT, based upon the written recommendations of the Department of Engineering, the Board finds that the two -year correction period under the Agreement has been satisfactorily completed; and THAT, the Board hereby authorizes the full and final release of collateral in the amount of $33,000.00; and THAT, the Board finds, determines and declares that this Resolution is necessary for the public health, safety and welfare of the citizens of the County of Eagle, State of Colorado. -1- MOVED, READ AN OPTED by the Board of County Commissioners of the County of �@� tate of Colorado, at its regular meeting held the (��_ , 1994. ATTEST • Jerk to t e Board of County Commissioners COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS By: ssioner �rge tes, Commissioner Commissioner seconded adoption of the foregoing resolutivon. The roll having been called, the vote was as follows: Commissioner Johnnette Phillips Commissioner James E. Johnson, Jr. o 1z Commissioner George A. Gates O This Resolution passed by R —r) vote of the Board of County Commissioners of the County of Eagle, State of Colorado. r \wayne.rel 83 -140 -2- K ice► [ EAGLE COUNTY ENGINEERING TO: Nancy Lewis, Attorney's Offi FROM: Phill Scott, Engineering DATE: October 13, 1994 RE: Wayne Creek Commons Letter of Credit No. 8774781 On Thursday, October 13, 1994, I inspected the improvements constructed and collateralized as part of the above - referenced development. We observed no workmanship or materials failures. We recommend remaining collateral of $33,000.00 we were holding for the two year correction period be released. CC: John Althoff Lloyd Powers File EXHIBIT A R EAL ES TAT E The Ri P..., J October 11, 1994 Eagle County County Attorney Office 500 Broadway Post Office Box 850 Eagle, CO 81631 Dear Sirs: EAGIF Thank you for your letter dated September 28, 1994 regarding the letter of credit. Be advised that the infrastructure for Wayne Creek Commons has been completed. I request the release of the collateral with this letter. I have contacted the County Engineering Department for an inspection. Regards, SLIFER, SMITH & FRAMPTON /VAIL ASSOCIATES REAL ESTATE F Kraig orbes Broke ASSO late VILLAGE HALL AT BEAVER CREEK OFFICE • DRAWER 2820, AVON, COLORADO 81620 Fsclmvx AQiliate �Faff SOTB113yS