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HomeMy WebLinkAboutR99-113A Cordillera northeast water main final releasez c Commissioner moved adoption of the i6llowing Resolution: BOARD OF COUNTY COMMISSIONERS rv " COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 99 - / l A , FINAL RELEASE OF COLLATERAL AND TERMINATION OF THE CONSTRUCTION IMPROVEMENTS AGREEMENT FOR CORDILLERA SUBDIVISION, NORTH EAST WATER MAIN a WHEREAS, pursuant to C.R.S. §30 -28 -137, the Board of County Commissioners of the County of Eagle, State of Colorado ( "County ") entered into a Construction Improvements Agreement dated May 3, 1993 ( "Agreement ") with Kensington Partners, A Colorado general partnership( "Subdivider") as a condition of the County's approval of the Permit to construct a major extension of a water supply line known as the Cordillera Subdivision, North East Water Main; and WHEREAS, Subdivider provided the County with collateral in the form of a check, number 3221, in the amount of $30,000.00 to be held for the duration of the warranty period; and WHEREAS, pursuant to the Agreement, Subdivider shall be responsible for the condition of the construction improvements for a period of two years after completion; and .a.E,RF!AS, according to the Eagle Countv Enaineer, the work was completed in 1995 and the improvements have proven to be successful into the fourth year since completion; 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 Construction 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. I"III "III "'1'11'11' 1i1 111111 1111111 111 111'1'1'1 I" 702440 07/13/1999 05:08P 370 Sara Fisher i 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 Construction Improvements Agreement for Cordillera Subdivision, North East Water Main. THAT, the Board hereby directs the Eagle County Treasurer to issue a warrant to Kensington Partners, in the amount of $30,000.00. 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 Cordillera Subdivision, North East Water Main, has been successfully completed and that the Subdi- vider's obligations under the Agreement are complete. MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, to of Colorado, at its meeting held the 49 ay of 1999 vti y. c ATTEST: 'i � K - pL OP A Clerk to the oard of County Commissioners COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS By: Johnnette Phillips Chairman 1 111111 1111111111111111 111'11111 1111111 III VIII 1111 1111 702440 07/13/1999 05:08P 370 Sara Fisher 2 of 4 R 0.00 D 0.00 N 0.00 Eagle CO ,T. e Tom Stone Commissioner Commissioner CN. seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Johnnette Phillips (� Commissioner Tom C. Stone C3 �. Commissioner James E. Johnson, Jr. Q This Resolution passed by vote of the Board of County Commissioners of the County of Eagle, State of Colorado. $87 -84 G: \KAW \R \FIN.WTR 1111111 11III 11111111111 111'11111 1111111 III 11111 702440 07/13/1999 05:08P 370 Sara Fisher 3 of 4 R 0.00 D 0.00 N 0.00 Eagle CO MEMORANDUM EAGLE COUNTY ENGINEERING TO: Kathy Walter / Attorney's Office FROM: Mike Gruber /'Engineering DATE: June 16, 1999 RE: Cordillera Subdivision, North East Water Main, Final Collateral Release, Termination of Construction Improvements Agreement The work under this Construction Improvements Agreement was completed in 1995. Inspection was performed on June 8, 1999, indicating the improvements have proven to be sucessful into the fourth year since completion. Release of collateral amount of $30,000.00 cash deposit and termination of the CIA is recommended. CC: George Roussos, County Engineer Nancy Lewis, Attorney's Office Chrono /File I I"III "III I'II'II'II' I'I'II"I I'II"I III "VI'I'I I"I 702440 07/13/1999 05:08P 370 Sara Fisher 4 of 4 R 0.00 D 0.00 N 0.00 Eagle CO