HomeMy WebLinkAboutR90-073 partial release of collateral for Soderberg #3�v Commissioner moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 90- AUTHORIZING A PARTIAL RELEASE OF COLLATERAL, AND AUTHORIZING THE AMENDMENT OF THE US S SUBDIVISION IMPROVEMENTS AGREEMENT Q r FOR SODERBERG SUBDIVISION, FILING NO. 3 WHEREAS, on or about January 9, 1990, the Board of County Commissioners of the County of Eagle, State of Colorado ( "the u { Board ") did enter into a Subdivision Improvements Agreement ( "Agreement ") with Frank L. Soderberg and Charles S. Marsh ( "Subdividers ") for certain public improvements within Soderberg Subdivision, Filing No. 3; and 0 WHEREAS, a description of the improvements and estimates of 0 ¢ the cost of the improvements were set forth in Exhibit A of the o Agreement; and J UT 0 u U WHEREAS, in order to guarantee the construction of the improvements, the Subdividers provided collateral totaling $39,973.16; and u rz J T) L) WHEREAS, the Subdividers have represented that the construc- t' tion of the roads is complete, and they wish to amend the Agreement to more accurately describe those improvements as intended and as 0n p constructed, as set forth in Exhibit A attached hereto and incorporated herein by this reference; and r W WHEREAS, the Subdividers also desire to amend the Agreement S cc W to extend the completion date for the landscaping improvements; and 030 WHEREAS, Staff of the Eagle County Department of Engineering have inspected the roads as constructed, and find the work to be in accordance with the plans and specifications as set forth in IN l= Exhibit A attached hereto, and recommend that the Agreement be L7 u I u amended to reflect the as -built improvements; and WHEREAS, County Staff further recommend as follows: rz 0 m o 1. That the completion date for the landscaping improvements be I � extended from July 9, 1990, to June 1, 1991; 2. That the Board authorize a reduction in collateral to $2,122.80, which represents the estimated cost of the landscaping improvements; 3. That no collateral be held during the warranty period for the road construction, due to the nature of the project and the fact that the roads will remain private. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT the Chairman of the Board be authorized to sign an Amendment to the Agreement reflecting the changes in the road improvements as set forth in Exhibit A attached hereto, and extending the completion date for the landscaping improvements to June 1, 1991. THAT a reduction in collateral be authorized from $39,973.16 to $2,122.80, which represents the cost of the landscaping improvements. THAT, the release of collateral granted hereby does not in any way abrogate the rights of the Board in enforcing the Subdividers' performance of their outstanding obligations under the Agreement. MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, this day of July, 1990. County Commissioners COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS By: n' 6s %T Donald H. Welch, Chairman Georg_/..,,. Gates, Commissioner Commis L. ¢ustd)fson, 428971 8 -532 P -814 07/03/130 15:53 PG 2 OF 4 I Commissioner seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Donald H. Welch Commissioner George A. Gates Commissioner Richard L. Gustafson This Resolution passed by vote of the Board of County Commissioners of the County of Eagle, State of Colorado. 428971 B -532 P -b14 07/03/90 15.53 90 -02 PG 3 OF 4 V LL O It v LL r•� u� r•� r CL nl r; U-3 M r` m C3 ?J S 3r EXHIBIT A Amendment to the Subdivision Improvements Agreement for Soderberg Subdivision, Filing No. 3 1. Driveway Improvements: Subdivider shall improve the existing road as within the platted easement depicted on the Final Plat of the Soderberg Subdivision, Filing #3, recorded at Book , Page , of the real property records of the Eagle County Clerk and Recorder, as follows: For a length of approximately 1668 feet, or the distance from Paseo Road to the Western boundaries of Lot 1, Soderberg Subdivision Filing #3, paving of 1 -1/2 inch gravel road base at a minimum of two inches thick and 22 feet wide, the completed roadway being 20 feet wide with shoulders two feet in width. In addition, Subdivider shall perform appropriate earthwork, grading and tree removal to maintain the driveway within the platted easement. All work is to be inspected and approved by the Eagle County Engineer. 2. Cost Estimate: R Quantity Cost Road Construction: Mobilization 1 $ 1,000.00 Clear and Grub 7130 S.Y. 1,426.00 Unclass.Exc. 4542 C.Y. 19,303.50 Agg. Base Course 1127 Tons 8,452.50 Testing 1 1,300.00 Landscaping: Topsoil 3480 S.Y. 1,392.00 Grass 3480 S.Y. 730.80 Drainage: CMP Pipe, 18" 50 L.F. 677.50 Total Estimated Direct Cost $34,282.30 Engineering, Surveying, Testing 2,056.94 Total Direct & Indirect Cost 36,339.24 10% contingency 3,633.92 TOTAL $39,973.16 R