HomeMy WebLinkAboutR03-126 Final Release of Collateral Cordillera Subdivision, Filing 26C~ ,~ i Commissioner ~ ~ ~' _ ~~ moved adoption of th f llowing Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION N0.2003-~~ FINAL RELEASE OF COLLATERAL AND TERMINATION OF THE WARRANTY PERIOD FOR CORDILLERA SUBDIVISION, FILING 26 s'N~\ WHEREAS, on June 3, 1997, Stag Gulch Partners, a Colorado General Partnership (hereinafter "Subdivider") and the Board of County Commissioners of Eagle County, Colorado (hereinafter "Board") entered into a Subdivision and Off-Site Improvements Agreement (hereinafter "Agreement") concerning the development of Cordillera Subdivision, Filing 26; 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 full release of the collateral and the termination of the Subdivision and Off-Site Improvements Agreement, see Exhibit "A" attached hereto and incorporated herein by this reference. Based upon recommendations of the County staff, TIC BOARD FIl~TDS that the Subdivider's obligations under the Agreement have been satisfied. WHEREAS, the warranty period required by the Subdivision and Off-Site 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 and Off-Site Improvements Agreement for Cordillera Subdivision, Filing 26. 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 Cordillera Subdivision, Filing 26 has been successfully completed and that the Subdivider's obligations under the Agreement are complete. THAT, the Letter of Credit No. NVS372963 in the amount of $123,564.93 issued by Wells Fargo Bank be released. ~~ III I%I III ~IR Itl~ ~I III Ilfl ~ ~ 8533.a;4 ~ .,. THAT, Eagle County does not assume responsibility for maintenance or upkeep of the roads in Cordillera Subdivision, Filing 26. MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the °y C day of ~~~L ,~~? 2003. o~ ~c~ ~' COUNTY OF EAGLE, STATE OF ~ ~ COLORADO, By and Through Its ATTEST: ~ * BOARD OF COUNTY COMMISSIONERS c+°toRPO~ B ~ ~'~~ , Clerk to the Board o County Commissioners By: Michael L. Gallagher Chairman Commissioner ~~ ) seconded adoption of the foregoing resolution. The roll) having been called, the vote was as follows: Commissioner Michael L. Gallagher Commissioner Tom C. Stone Commissioner Arn M. Menconi C i~ . This Resolution passed by G/f%iLi2 /~9,~`„~/~~ote of the Board of County Commis- sioners of the County of Eagle, State of Colorado. G:\jks\resolutions\\final release cordillera Filing 26 File No. 87-84 I~~~MIiry1plgry~~~lel ~ll~~ 853564 ,. XIMINie~~~ nm Hi~ui , Commissioner • ~' --- MEMORANDUM EAGLE COUNTY ENGINEERING ~~ / a~ / ~` ®`~ TO: Janice Scofield, Attorney's Office <<~ . ~~~ ~' ~~ P .- '°°~- FROM: Mike Gruber, Engineering /~~ ~'~ _ ,~ DATE: September 16, 2003 ' ~~~ RE: Cordillera, Filing 26, Release of Collateral and Termination of the Warranty Period Mr. John Cahill, Director of Construction for Cordillera, has made a request for inspection of work for filing 26 under the warranty period as established by Consent Resolution No. 2001-19. Inspection was conducted by me on September 8, 2003. The improvements are complete, have survived the two-year warranty and are acceptable per the terms and conditions of the Subdivision Improvements Agreement. I recommend termination of the Agreement and release of the remaining collateral in the amount of $123,564.93. This amount is equivalent to the 10% of the improvements cost being retained until successful completion of the warranty period and fulfillment of the terms and conditions of the Subdivision Improvements Agreement. These improvements entail the construction of utility infrastructure and private roadways. County maintenance is not required for these roads. # # # Pc: Helen Migchelbrink, County Engineer Justin Hildreth, Project Engineer John Cahill, Director of Construction, Cordillera Chrono/File EXHIBIT