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HomeMy WebLinkAboutR09-071 CME release~ ~ • • Commissioner moved adoption of the followi g Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION N0.2009- ~~ FINAL RELEASE OF COLLATERAL AND TERMINATION OF THE PUBLIC IMPROVEMENTS AGREEMENT FOR COLORADO MOUNTAIN EXPRESS TRANSPORTATION EAGLE-NAIL SATELLITE LOT FILE NO. ZS-00176 WHEREAS, on September 9, 2008, the Board of County Commissioners of Eagle County, Colorado ("Board") entered into a Public Improvements Agreement ("Agreement") with Transportation Management Systems, LLC ("Subdivider") for Colorado Mountain Express Transportation Eagle-Vail Satellite Lot; and WHEREAS, Subdivider provided collateral in the form of check No. 56745 in the amount of $87,577.82; 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 Public Improvements Agreement see Exhibit "A," attached hereto and incorporated herein by this reference. Based upon the written recommendations of the County Engineer and the County Attorney, THE BOARD FINDS that the 5ubdivider'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 Public Improvements Agreement for Transportation Management Systems, LLC. THAT, this document shall be recorded in the Records of the Eagle County Clerk and Recorder, which shall be evidence that the improvements under the Agreement are complete. ~ y • • THAT, the Chairman of the Board of the Eagle County Commissioners hereby directs the Eagle County Treasurer to issue a warrant to David Ozog at East West Partners (pursuant to Exhibit "A" attached) in the amount of $87,577.82. 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 July, 2009. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its ATTEST: BOARD OF COUNTY COMMISSIONERS ~,.,~ a B y' ~ - z1~:~-- Clerk to the Board of ~to~a~ Sara J. Fisher County Commissioners Chairman ~ ~~~~ Bye/ r-~v .._ Peter F. Runyon Commissioner By: -- Jon Stavney Commissioner Commissioner ~~~Z~~~~ seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Fisher Commissioner Runyon Commissioner Stavney This Resolution passed by ~~(7 vote of the Board of County Commissioners of the County of Eagle, State of Colorado. G:\NRW\resolutions\finalrelease CME.DOC r • , MEMORANDUM EAGLE COUNTY ENGINEERING TO: Nancy Wright, Eagle County Attorney's Office FROM: Peter Fralick, Engineering Department~~'~ DATE: July 13, 2009 RE: Public Improvements Agreement for Colorado Mountain Express Eagle County File No. ZS-00176 Final Collateral Release A final inspection was performed for the above referenced public improvements agreement on July 3, 2009. All improvements are complete, therefore, I request a Board Resolution to terminate this agreement and I recommend full release of the collateral to the applicant, check number 56745 in the amount of $87,577.82. The applicant's name and mailing address for the collateral has changed to the following: David Ozog East West Partners PO Drawer 2770 Avon, CO 81620 No warranty period is necessary under this agreement. Feel free to contact me if you have any questions at 328-3560. # # # cc: Eva Wilson, County Engineer Lee Whittington, Arroyo Engineering GRAD-8-8-1960 G:\Development\Collateral-SIA\Colorado Mt Exp\Final Inspection 3Ju1y2009.DOC EXHIBIT