No preview available
HomeMy WebLinkAboutR03-057 Final Release of Collateral - Willits Family Homestead File No. SUF-00006• • 3~'u~" Commissioner moved adoption of:the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION N0.2003-~~° FINAL RELEASE OF COLLATERAL AND TERNIINATION OF THE WARRANTY PERIOD FOR THE WILLITS FANIILY HOMESTEAD File No. SUF-00006 WHEREAS, on November 6, 2001, The Board of County Commissioners of the County of Eagle, State of Colorado ("Board") and Lloyd & Robert Willits ("Subdivider") entered into a Subdivision Improvements Agreement (°Agreement") as a condition of final plat approval for File No. SUF-00006; Willits Family Homestead; and WHEREAS, by Eagle County Consent No. 2001-31, the warranty period for the improvements for the Willits Family Homestead was commenced and is scheduled to expire October 18, 2003. Subdivider provided the County with collateral in the form of a check in the amount of $6,535.00 representing 10% of the collateral to be retained throughout the warranty period; and WHEREAS, Subdivider requests that the collateral be released and the Subdivision Improvements Agreement be terminated prior to the October 18, 2003 termination date; and WHEREAS, both the Subdivider and the Engineering Department state that the work required under the Agreement is complete and acceptable and the Engineering Department recommends the full release of the collateral and termination of the Agreement, see Exhibit "A," attached hereto and incorporated herein by this reference. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, based upon the oral and written recommendations of the County staff, THE BOARD FINDS that the Subdivider's obligations under the Agreement have been satisfied. THAT, the Board hereby authorizes the full and final release of collateral and the termination of the Agreement for the Willits Family Homestead. 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 Willits Family Homestead has been successfully completed and that the Subdivider's obligations under the Agreement are IIIIIIIIIIIIIIII~IIIIIIIIIIIIIIIIIIIIIIIIIIIIV 8-8?fi.,,, • complete. THAT, the Board of County Commissioners hereby directs the Eagle County Treasurer to issue a warrant to the Subdivider in the amount of $6,535.00. MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the l ~ day of May, 2003. COUNTY OF EAGLE, STATE OF `®~ ~~~ ~`~, COLORADO, and Through Its ATTEST: ~`' ~ ~~., OARD OF MMISS: f~ ~ ~, ; ~ ~ By: .. ~~® y: Clerk to the oard of ~-~ 'chael L. Gallagher County Commissioners Chairman A By: \l ~~-~C - U Tom C. Stone C er By: Arn M. enconi Commissioner Commissioner seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: v Commissioner Michael L. Gallagher G~Ceri~- CommissionerTom C. Stone ° Commissioner Arn M. Menconi G~~,~L~ This Resolution passed by ~ 3 vote of the Board of County Commissioners of the County of Eagle, State of Colorado. File No. 2001-98 G:\jks\resolutions\final release willim.wpd I~~II~IYI~IUIIInIIVI~NIIIII~IIIRIAI e'e"6 MEMORANDUM EAGLE COUNTY ENGINEERING TO: Janice Scofield, Legal Secretary Eagle County Attorney's Office FROM: John M. Vengrin~~~ Engineering Department DATE: April 18, 2003 RE: Termination of Warranty Period for the Willits Family Homestead Subdivision, "Subdivision and Off-Site Improvements Agreement, SUF-00006", Rec. No. 782413, Dated November 6, 2001 On April 17, 2003, I inspected the public improvements covered by the above referenced Subdivision Improvements Agreement (SIA). The Warranty Period established by Consent No. 2001-31 is scheduled to run through October 18, 2003. However, the Subdivider has requested that the collateral be released early. I found all of the improvements to be in good condition. Because these improvements have successfully passed through two winters, and because it is unlikely that any defects will materialize between now and October 18, 2003, it is my recommendation that the above referenced SIA be terminated, and that collateral in the form of Check #1066 in the amount of $6,535.00 be returned to the Subdivider. Please note that the Subdivider completed these improvements prior to entering into the SIA, and that record drawings were received at that time. If you have any questions, please contact me at 328-3568 or by Intranet a-mail. # # # Pc: Helen Migchelbrink, Eagle County Engineer Gena Willits, 0271 Willits Lane, Basalt, CO 81621 C~hrono File SL7F-00006 83848 Page: 3 of 3 07/01/2003 02:51F Teak J Simonton Eagle, CO 370 R 0.00 D 0.00 ~~) EXHIBIT ~ u