HomeMy WebLinkAboutR90-116 partial release of collateral for Castle View SubdivisionU S w� rc 5 It O LL a 0 �o J cs o CL U i W r1] J 5 U u> > mo � U i` t7J W J � C7 4, Q W ui cn ma H CL J J lJ H It V7 u. tT1 W V) W �z m 2 r•7 o 4� Commissioner ��, 0 �,j /?- A moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 90- IN RE CASTLE VIEW SUBDIVISION: AUTHORIZING PARTIAL RELEASE OF COLLATERAL WHEREAS, on or about August 28, 1990, as a condition of final plat approval for Castle View Subdivision, the Board of County Commissioners of the County of Eagle, State of Colorado ( "Board "), pursuant to Section 30 -28 -137, C.R.S., entered into a Subdivision Improvements Agreement ( "Agreement ") with Wayne Hyrup, Mark J. Rockwood and'Andrew Lane ( "Subdividers "); and WHEREAS in order to guarantee the faithful completion of ,2 certain public improvements required under the Agreement, the Board e-4 accepted as collateral Irrevocable Letter of Credit No. 14917 " issued by Central Bank Glenwood Springs, NA, in the amount of t $27,733.00; and WHEREAS, the improvements required under the Agreement are to be completed by December 1, 1990, and the collateral above mentioned expires on that date; and WHEREAS, the staff of the County Engineering Department have inspected the improvements, and have found them to be substantially complete with the exception of the deficiencies listed on Exhibit A attached hereto and incorporated herein by this reference; and WHEREAS, the County Engineering Department recommends that the collateral be reduced, and states that retaining ten percent of the original cost of the improvements will adequately cover the cost of rectifying the deficiencies listed on Exhibit A, and will sufficiently collateralize the two -year warranty period required under the Agreement. x WHEREFORE, the Board finds that the improvements are substan- tially complete, that the deficiencies are nominal, and that a reduction in collateral is warranted. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: 1. THAT the Subdividers shall have until January 1, 1991, to correct the deficiencies of the subdivision improvements as set forth in Exhibit A. 2. That the two -year warranty period required by the Agreement shall begin upon receipt by the Board of written assurances by the Department of Engineering that the deficiencies have been corrected. 3. That the collateral be and is hereby reduced to $2,773.00, which represents ten percent (100) of the original cost of the improvements. THAT, the partial 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 o"`-�05 day of er, 1990. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS By : _, \z� l rrk to the Board of Donald H. Welch, Chairman County Commissioners 439115 B -542 P -968 11/27/90 15403 Geor Gates, Rkchard G� to Commissioner -2- PIG 2 OF 4 ssioner e°i Commissioner v O'T"e-S seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Donald H. WelchG/c4i Commissioner George A. GatesG/ Commissioner Richard L. Gustafson -'g� This Resolution passed by Qh/ /"PS vote of the Board of County Commissioners of the County of Eagle, State of Colorado. 439115 8 -042 F -968 11/27/90 15 :03 PG 3 OF 4 590 -71 -3- aa� Castle View Subdivision Deficiencies November 16, 1990 1. Cross slope on the roads and ditches vary from design Xgrades. Roads should be regraded to provide proper drainage. 2. Gravel on road has become contaminated. Additional gravel should be added to provide a suitable surface. 3. Hazard marker should be installed on the power pole located immediately adjacent to the road at Sta. 7 +50. 439115 8 -548 P -9E8 11/27/90 15:23 PG 4 OF 4 MM %i