No preview available
HomeMy WebLinkAboutR04-116 Red Sky Ranch - Plath Side Final Release • 898192 ` Page: 1 of 3 11/18/2004 03:34; Teak J Simonton Eagle, Co 370 R 0.00 D 0.00 Commissioner G -H LLR Crl-) moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2004- llb FINAL RELEASE OF COLLATERAL AND TERMINATION OF THE WARRANTY PERIOD FOR RED SKY RANCH - PLATH SIDE File No. PDF -00068 WHEREAS, on July 31, 2001, David James Plath and Deborah Ann Plath and Gary Plath and Margie Plath (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 Red Sky Ranch - Plath Side; 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 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 Red Sky Ranch - Plath Side. 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 Red Sky Ranch - Plath Side has been successfully completed and that the Subdivider's obligations under the Agreement are complete. � 1 11 11/18s 03:34F Teak J Simonton Eagle, CO 370 R 0.00 D 0.00 THAT, Letter of Credit No. 801 in the amount of $52,672.31 issued by WestStar Bank be released. THAT, Eagle County does not assume responsibility for maintenance or upkeep of the roads in Red Sky Ranch - Plath Side. • MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular me' Ling held the 0 1 day of No4 es , 2004. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS doo U 31.), s/1 .& -� C'r V I By 3 1 �� Clerk to the Board of * om C. *tone County Commissioners c 4c Chai . m A l By: 1 r`�_ 4 . Michael L. Gallagher Commissioner By: Arn M. Menconi Commissioner Commissioner STaIN1 seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Tom C. Stone t�V� Commissioner Michael L. Gallagher A Yy Commissioner Arn M. Menconi A85C.N 1 This Resolution passed by 2 /2- vote of the Board of County Commis- sioners of the County of Eagle, State of Colorado. G:VKS\resolutions\red sky -plath final release.DOC File No. 2000-68 2 • II I II III I 11 1 p 8 98192 1 03:34F II II II Teak J Simonton Eagle, CO 370 R 0.00 D 0.00 MEMORANDUM EAGLE COUNTY ENGINEERUG TO: Janice Scofield Attorney's Office NOV - 3 2004 FROM Mike Gruber / {z- Engineering i DATE: November 2, 2004 RE: Red Sky Ranch — Plath Side, PDF- 00068, Release of Collateral and Termination of the Warranty Period and Subdivision Improvements Agreement Mr. Gary Plath, PPG Red Sky Corp., has made a request for inspection of work for Red Sky Ranch- Plath Side under the warranty period as established by Consent No. 2004 -03. Inspection was conducted by me on October 28, 2004. The improvements are complete, have survived the two -year warranty period 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 $52,672.31. This amount is equivalent to 10% of the improvements cost 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 Peter Sulmeisters, Project Manager Chrono /File EXHIBIT 2