HomeMy WebLinkAboutR99-023 termination of SIA for Eby Creek Mesar
Commissioner _ (a/y) fy)_X moved adoption
of the following Resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 99 -
FINAL RELEASE OF COLLATERAL
AND
TERMINATION OF THE SUBDIVISION IMPROVEMENTS AGREEMENT
FOR
EBY CREEK MESA SUBDIVISION, PHASE III
N
ll WHEREAS, pursuant to C.R.S. X30 -28 -137, the Board of County
1 Commissioners of the County of Eagle, State of Colorado ( "County ")
entered into a Subdivision Improvements Agreement dated May 16,
1995 ( "Agreement ") with Eby Creek Mesa Limited Partnership, A
Colorado Limited Partnership, whose general partner is Eagle River
Land Company, Inc., A Colorado corporation ( "Subdivider ") as a
condition of the County's final plat approval for Eby Creek Mesa
Subdivision, Phase III; and
WHEREAS, by Eagle County Resolution No. 97 -13, the County
commenced the warranty period for Eby Creek Mesa Subdivision, Phase
III, said warranty period to expire 'January 23, 1999; 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 Improve-
ments Agreement, see Exhibit "A ", attached hereto and incorporated
herein by this reference. Based upon the oral and written recommen-
dations of the County staff, THE BOARD FINDS that the Subdivider's
obligations under the Agreement have been satisfied.
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 Eby Creek Mesa Subdivision, Phase III.
111111 11III 11111111111111 11111 11111111 III 11III 1111 1111
688126 02/25/1999 02:54P 370 Sara Fisher
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THAT, this document shall be recorded in the Records of the
Eagle County Clerk and Recorder, which shall be evidence that the
termination of the SIA for Eby Creek Mesa Subdivision, Phase III,
has been successfully completed and that the Subdivider's obliga-
tions under the Agreement are complete.
MOVED, READ AND ADOPTED by the Board of County Commissioners
of the County of Eagle, St ate of Colorado, at its regular meeting
held the day of 1999.
COUNTY OF EAGLE, STATE OF
o � COLORADO, By and Through Its
ATTEST: i BOARD OF COUNTY COMMISSIONERS
�ox.n, +ao
By:
Clerk to the Board of ohnnette Phillips
County Commissioners Chairman
Commissioner & .L , seconded adoption of the
foregoing resolution. The roll having been called, the vote was as
follows:
Commissioner Johnnette Phillips
Commissioner Tom C. Stone
Commissioner James . Johnson, Jr. i
This Resolution passed by (3 _n vote of the Board
of County Commissioners of the County of Eagle, State of Colorado.
#82 -263
G: \KAW \R \FIN.EBY
1 111111 11III 111'111 11 111'1 11111 11111111 III 1111111'1 1111
888128 02/25/1999 02:54P 370 Sara Fisher
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Tom Stone
Commissioner
I e. --s
MEMORANDUM
EAGLE COUNTY ENGINEERING
TO: Kathy Walter, Attorney's Office
FROM: Jerry Brasher, Project Engineers
DATE: January 29, 1999
RE: Eby Creek Mesa Subdivision Phase III
Based on the letter from the Town of Eagle accepting the water and sewer service
in Phase III and on past inspections by the Engineering Department we are
recommending the termination of the warranty period and release of the remaining
collateral. The collateral to be released is $60,823.95 which represents the 10%
held by the County for the two year warranty period.
1 111111
688126
"III IIIIII11111111 III" 111'1"1
02/25/1999 02:54P 370
III
Sara
IIIII I11I 1111
Fisher
3 of 3
R 0.00 D 0.00 N 0.00
Eagle
CO
cc: George Roussos, County Engineer
Chrono "File
