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HomeMy WebLinkAboutR99-097 Bear Gulch Subdivision final release3 Commissioner moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORUO 1 RESOLUTION NO. 99- EAGLEGM FINAL RELEASE OF COLLATERAL AND TERMINATION OF THE SUBDIVISION IMPROVEMENTS AGREEMENT FOR BEAR GULCH SUBDIVISION, FILING 2 WHEREAS, pursuant to C.R.S. X30 -28 -137, the Board of County Commissioners of the County of Eagle, State of Colorado ( "County ") entered into a Subdivision Improvements Agreement dated June 26, 1995 ( "Agreement ") with Charles M. Palmer ( "Subdivider ") as a condition of the County's final plat approval for Bear Gulch Subdivision, Filing 2; and WHEREAS, collateral for the on -site improvements for Bear Gulch Subdivision, Filing 2 was provided by the Subdivider in the form of an Assignment of Account No.2294018117 by First Bank of Vail in the amount of $10,557.30; and WHEREAS, collateral for off -site improvements for Bear Gulch Subdivision, Filing 2 was provided by Lindahl and Associates in the form of a check, no. 6210 in the amount of $1,800.00; and WHEREAS, by Eagle County Consent No.96 -13, the County commenced the warranty period for Bear Gulch Subdivision, Filing 2, (warranty period to expire March 11, 1998) and authorized the issuance of a warrant to. Lindahl and Associates in the amount of $1,620.00; 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 as stated in Exhibit " A " , attached hereto and incorporated herein by this reference; and WHEREAS, 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. 1 111111 "III " 111111'11111 IN 700094 06/16/1999 03:32P 370 Sara Fisher 1 of 4 R 0.00 D 0.00 N 0.00 Eagle CO � 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 Bear Gulch, Filing 2. THAT, the Assignment of Account No. 2294018117 issued by First Bank of Vail in the amount of $10,557.30, which represents ten percent (10 %) of the original cost estimate, be terminated. THAT, the Eagle County-Treasurer is hereby directed to issue a warrant to Lindahl and Associates in the amount of $180.00 for the balance of collateral held by the County for the off -site improvements. 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 Agreement for Bear Gulch Subdivision, Filing 2, has been successfully completed and that the Subdivider's obliga- tions under the Agreement are complete. THAT, the roads in Bear Gulch Subdivision, Filing 2 are private and will not be maintained by Eagle County. MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, S to of Colorado, at its regular meeting held the Lgtj. day of % , 1999. e, %, Tom C. Stone Commissioner a s E. Johnso , Jr. C mmissioner I I "III "III "II'II'I'I I'I'II"III'I"I III "II' II'I I"I 700094 06/16/1999 03:52P 370 Sara Fisher 2 of 4 R 0.00 D 0.00 N 0.00 Eagle CO Commissioner m,o foregoing resolution. The roll having follows: seconded adoption of the been called, the vote was as Commissioner Johnnette Phillips _ Commissioner Tom C. Stone CZAIPE Commissioner James E. Johnson, Jr. Ctyae This Resolution passed by 3-0 vote of the Board of County Commissioners of the County of Eagle, State of Colorado. #95 -132 G: \KAW \R \FIN.BR2 1 111111 "III 11111111111111111111111111111111 IN 700094 06/16/1999 03:52P 370 Sara Fisher 3 of 4 R 0.00 D 0.00 N 0.00 Eagle CO MEMORANDUM EAGLE COUNTY ENGINEERING TO: Kathy Walter / FROM: Karen Filter / DATE: May 17, 1999 Attorney's Offic Engineering RE: Collateral release : Bear Gulch Subdivision, Filing I and II Weather has allowed a final inspection of the roads in Filing I and II of Bear Gulch Subdivision. The SIA termination and col- lateral release is recommended based on the satisfactory per- formance of the roads. Corrections requested by Michael Gruber in June of 1998 have been conducted in a minimal way. The roads will be private and maintained privately following this SIA termination. xc: George Roussos chrono -file 1 111111 11III "11'11'1'1 1'1111'1 11111111 III 11111'111 1111 700094 06/16/1999 03:52P 370 Sara Fisher 4 of 4 R 0.00 D 0.00 N 0.00 Eagle CO