HomeMy WebLinkAboutR03-130 Final Release of Collateral Cordillera, Filing 39• i ~"`' ~ ,-° _.~ ~ Commissioner ! ~~ ~ moved adoption of the following Resolution: BOARD OF COUNTY COMIVIISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION N0.2003--~~ FINAL RELEASE OF COLLATERAL AND TERNIINATION OF THE WARRANTY PERIOD FOR CORDILLERA, FILING 39 WHEREAS, on November 20, 2000, Kensington Partners, a Colorado General Partnership and Squaw Creek Realty Corporation, a Colorado corporation (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, Filing 39; 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, THE BOARD FINDS 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 COMIVIISSIONERS 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, Filing 39. 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, Filing 39 has been successfully completed and that the Subdivider's obligations under the Agreement are complete. THAT, the cash collateral held by the Treasurer be released and a warrant be issued in the amount of $22,810.00 to the Subdivider. ~I~~lpln~l~ll%~lllln, 85;568. m t ~ ..., T~iAT, Eagle County does not assume responsibility for maintenance or upkeep of the roads in Cordillera, Filing 39. MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the day of ~ '~ 2003. ATTEST: Clerk to the Board of County Commissioners COUNTY OF EAGLE, STATE OF ®~ ~c~ co OLORADO, By and Through Its OARD OF COUNTY COMMISSIONERS ? L toa~+9o By: Michael L. Gallagher Chairm By: Tom C. Stone ' sinner By: coni Commissioner 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 ,.:~~~ ~ CommissionerArn M. Menconi e~ ~,,, This Resolution passed by~.~~~~~~~.~'/J~~ vote of the Board of County Commis- sioners of the County of Eagle, State of Colorado. G:\jks\resolutions\\final release cordillera Filing 39 File No. 87-84 II~VIIIVII IIII ~~I~'l Al IIII III III 853568 .,~ 1 - ~ , MEMORANDUM '~ ~_`~ :: EAGLE COUNTY ENGINEERING ~. ! '`~ ~,- TO: Janice Scofield, Attorney's Office l' ~ _ FROM: Mike Gruber, Engineering ~~~~~ DATE: September 16, 2003 ' ; ,~ ltE: Cordillera, Filing 39, 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 39 under the warranty period as established by Consent Resolution No. 2002-01. 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 o,f $22,810.00. 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. # # # 853~~i8 10914/20@3 11:47A Teak J Simonton Eagle: CO 370 R 0.00 D 0.00 Pc: Helen Migchelbrink, County Engineer Justin Hildreth, Project Engineer John Cahill, Director of Construction, Cordillera Chrono/File EXHIBIT ', L r'