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Home My WebLink AboutR10-019 Edwards Design and Craft Center and Fox Hollow Final Release of Collateral. ,t Commissioner _ moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION N0.2010-~9' FINAL RELEASE OF COLLATERAL AND TERMINATION OF THE WARRANTY PERIOD FOR EDWARDS DESIGN AND CRAFT CENTER PUD FILE No. PDF-00092 AND FOX HOLLOW PUD FILE No. PDF-00094 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 Subdivision and Off-Site Improvements Agreement dated April 25, 2006 ("Agreement") with Edwards Design and Craft Center PUD ("Subdivider") as a condition of approval of the final plat of the EDWARDS DESIGN AND CRAFT CENTER PUD; and 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 Subdivision and Off Site Improvements Agreement dated April 25, 2006 ("Agreement") with Fox Hollow, LLC ("Subdivider") as a condition of approval of the final plat of the FOX HOLLOW PUD; and WHEREAS, pursuant to the Agreement the Subdivider provided the County with collateral for the improvements in the form of (1) Colorado Business Bank Letter of Credit No. 1225 in the amount of $47,539.23 for Woodward Construction for public improvements and (2) Alpine Bank Letter of Credit No. 4450240034 in the amount of $14,190.70 for Fox Hollow; and WHEREAS, the Engineering Department states the improvements are complete, have survived the two-year warranty period and are acceptable per the terms and conditions of the Subdivision Improvements Agreement; and WHEREAS, both the Subdivider and the Engineering Department state that the work required under the Agreements is complete and acceptable and the Engineering Department recommends full release of the collateral, as secured by the Letters of Credit, and the termination of the Subdivision Improvements Agreement and the warranty period, see Exhibit "A", attached hereto and incorporated herein by this reference. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, based upon the oral and written recommendations of the County Engineer and County Attorney, THE BOARD FINDS that the Subdivider's obligations under the Agreement have been satisfied. THAT, the Board hereby authorizes the full and final release of the Letters of Credit and the ternnation of the Subdivision and Off-Site Improvements Agreement and warranty period for Edwards Design and Fox Hollow THAT, this document shall be recorded in the records of the Eagle County Clerk and Recorder, which shall be evidence that the warranty periods for Edwards Design & Craft Center and Fox Hollow PUD have been successfully completed and that the Subdividers' obligations under the Agreement are complete. 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 March, 2010. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its ATTEST: BOARD OF COUNTY COMMISSIONERS ~~ ~~ ~_ ~„ Clerk to the Board of e~~~,vP Sara J. Fisher n County Commissioners ;'Chairman ~~~ / 1 ~n Stavney mmissioner Peter F. Runyon Commissioner Commissioner ~~y~~~ seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Fisher Commissioner Stavney Commissioner Runyon This Resolution passed by ~~ vote of the Board of County Commissioners of the County of Eagle, State of Colorado. nrw\resolutions\edwardsdesign/fox hollow MEMORANDUM TO: Nancy Wright, Attorney's Office FROM: Greg Schroeder, Engineering Department /~ DATE: Thursday, February 18, 2010 1. FILE #: PDF-00092 PDF-00094 RE: Edwards Design & Craft Center & Fox Hollow PUD -Collateral Release Summary & Termination of Warranty Nancy, On Monday, February 8, 2010, I met with Phil Woodard and, based on my observations of the site, all of the improvements appear to be in conformance with the EDCC SIA. On Tuesday, February 16, 2010, I met with Evelyn Pinney and, based on my observations of the site, all of the improvements appear to be in conformance with the EDCC SIA. Please release the letters of credit in the amount of $47,539.23 for EDCC (Woodward Construction) and for $14,190.70 for Fox Hollow. I have also requested that the applicant provide a letter from the Eagle River Water and Sanitation District for the water and sewer infrastructure; that letter is enclosed here for reference. During the walkthrough, a cold patch was observed in Fox Hollow Drive from an emergency utility patch performed a few months ago. Enclosed is a guarantee letter from B&B detailing the patch for Holy Cross Energy, with a one year warranty to properly repair the roadway when weather conditions permit. Also, please terminate the warranty effective Febniary 6, 2010. # # # Enc. cc: Eva Wilson, County Engineer Chrono/File G:IDevelopmend20071PUD (All Types)IPDF-00092 -Edwards Design 8 Craft Center120100219_MEMOR4NDUM.doc EXHIBIT -~ ~,__ EAGLE RIVER ~~ VI/ATER & SANITATION DISTRICT 846 Forest Road • Vail, Colorado 81657 (970) 476-7480 • FAX (970} 476-4089 January 23, 2009 Mr. Phil Woodward Edwards Design & Craft Center 770 Potato Patch Drive, Suite #17 Vail, CO 81657 Mr. Romeo Baylosis Peak Land Consultants, Inc. 1000 Lion's Ridge Loop Vail, CO 81657 Reference: EDWARDS DESIGN /FOX HOLLOW DEVELOPMENTS SEWER MAIN Dear Mr. Woodward, This letter is to inform you that the above-referenced Sewer Main has successfully completed all the items required for the District to grant Final Acceptance. The below listed items have been submitted and approved by the District and this Sewer Main is accepted as part of the District's system. 1. Final Grade and Paving Inspection COMPLETED NOVEMBER 9, 2007 2. As-Built Drawings COMPLETED DECEMBER 8, 2008 3. Easement Documentation COMPLETED JANUARY 22, 2009 4. Certification of Costs COMPLETED OCTOBER 21, 2008 5. BiII of Sale COMPLETED OCTOBER 21, 2008 6. Final Inspection COMPLETED NOVEMBER 9, 2007 7. Final Acceptance COMPLETED JANUARY 22, 2009 Your two-year warranty time period for this Sewer Main began on the date of Construction Acceptance. If you have any questions or concerns, please contact me at (970) 477-5449. Sincerely, r' Q~ ~ Regulatians_ 1dn,inisrrator.... - -------_ .-_...-- ---- cc: Project File Distribution & Collection Department 1?SH/bp WATER, WASTEWATER, OPERATIONS Lc MANAGEMENT SERVICES B&B df ~~ ~ EXCAVATING ~~ i 9 L ~~ wti ~~~ ~iGQ,P" 2/9/2010 Mr. Phil Woodward Woodward Construction, Inc. 2121 North Frontage Road West Suite 180 Vail, Co. 81657 Re: Fox Hollow, Holy Cross Repair P.O. BOX 4870 EAGLE, CO 81631 970-328-1734 fax 970-328-1735 Dear Phil, We have patched the asphalt that was removed to repair the damaged Holy Cross electric conduit. Given the time of the year, we have performed the repair to the best of our ability. When the weather allows and any anticipated settlement has occurred, we will return to the site and perform any additional repair work that may be necessary. At that time we will be able to provide the one year warranty that you requested. The additional expense of this work will be paid for by Holy Cross Electric. If you have any questions concerning this or any other matter please do not hesitate to contact me. Sincerely, Chip Bair Operations Manager B&B Excavating