HomeMy WebLinkAboutR07-117 Bachelor Gulch Filing 4 Final ReleaseCommissioner ~~~' ~- ~ ~kT ) moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION N0.2007- ~~ FINAL RELEASE OF COLLATERAL AND TERMINATION OF THE WARRANTY PERIOD FOR BACHELOR GULCH FILING 4 A RECONFIGURATION AND COMBINATION OF LOTS 107 AND 108 FILE No. AFP-00193 WHEREAS, the Board of County Commissioners of Eagle County, Colorado ("Board") entered into a Subdivision Improvements Agreement ("Agreement") with The Vail Corporation ("Subdivider") for Bachelor Gulch Filing 4; and WHEREAS, both the Subdivider and the Engineering Department state that the work required under the Subdivision Improvements Agreement has satisfactorily passed the two-year warranty period and the Engineering Department recommends full release of the collateral (see "Exhibit A"). Based upon the written recommendations of the County staff, THE BOARD FINDS that the Subdivider's obligations under the Agreement have been satisfied; and WHEREAS, the warranty period required by the Subdivision Improvements Agreement has ended. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, the Board hereby authorizes the full and final release of collateral and the termination of the Subdivision Improvements Agreement for Bachelor Gulch Filing 4. THAT, this document shall be recorded in the Records of the Eagle County Clerk and Recorder, which shall be evidence that the warranty period for Bachelor Gulch Filing 4 has been successfully completed and that the Subdivider's obligations under the Agreement are complete. THAT, Letter of Credit No. 3064294 in the amount of $74,928.26 held by the County be released. THAT, these improvements entail the construction of utility infrastructure and private roadways. County maintenance is not required for these roads. MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the ~7day of November, 2007. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its ATTEST: BOARD COUNTY COMMISSIONERS cP~~`~= , Clerk to the Boa d of toao-, • A enconi County Commissioners Chairman B y: Sara J. Fisher - Peter Runyon Commissioner Commissioner ~ -'~~'/ ~ ~ seconded adoption of the foregoing resolution. The roll having been called, t e vote was as follows: CommissionerMenconi _~Q~ ~~ Commissioner Fisher ~~c-- Commissioner Runyon ~' 1 7 +, This Resolution passed by _ ~- ~( vote of the Board of County Commissioners of the County of Eagle, State of Colorado. G:UKS\resolutions\Red Canyon final release.DOC MEMORANDUM EAGLE COUNTY ENGINEERING TO: Nancy Wright, Attorney's Office FROM: Mike Gruber, Engineering ~i~ ~ ~ ~% DATE: November 6, 2007 IZE: Bachelor Gulch, Filing 4, A Reconfiguration and Combination of Lots 107 and 108, Eagle County File No. AFP-00193, Release of Collateral, Termination of the Warranty Period and Subdivision Improvements Agreement Mr. Bill Kennedy, Director of Land Development, Vail Resorts Development Company, has made a request for final inspection of the infrastructure for successful performance under the warranty period. My inspection on October 30, 2007, indicates the improvements are complete, have survived the two-year warranty period and are acceptable per the terms and conditions of the Subdivision Improvements Agreement. I recommend termination of the Subdivision Improvements Agreement, termination of the warranty period, and the release of the remaining collateral for the improvements as follows: The improvements for the resubdivision of lots 107 and 108 of Bachelor Gulch, Filing 4, as collateralized with amended Letter of Credit #3064294 in the amount of $74,928.26. This amount is equivalent to the 10% of the improvements cost retained until successful completion of the warranty period. These improvements entail the construction of utility infrastructure and private roadways. County maintenance is not required for these roads. # # # cc: Eva Wilson, County Engineer -email Bill Kennedy, Vail Resorts Development Company -email Chrono/File EXHIBIT