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HomeMy WebLinkAboutR11-048 Singletree Landscape ReleaseCommissioner moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2011. 7 U FINAL RELEASE OF COLATERAL FOR SINGLETREE COMMUNITY MASTER LANDSCAPE PLAN, PHASE II FILE No. PDF -00102 WHEREAS, on or about October 26, 2010, the Board of County Commissioners of the County of Eagle, State of Colorado ('Board ") entered into a Public Improvements Agreement with Berry Creek Metropolitan District, a Colorado Special District ( "Subdivider ") to construct the second phase of the Landscape Master Plan including landscaping and irrigation (the "Public Improvements "); and WHEREAS, pursuant to the Agreement, the Subdivider provided collateral in the form of a Corporate Bond in an amount sufficient to make good the Subdivider's obligations under the Agreement in the amount of $104,726.00; and WHEREAS, the Engineering Department states all of the improvements under this Agreement have been completed and are acceptable per the terms and conditions of the Public Improvements Agreement; and WHEREAS, both the Developer 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, as secured by the Corporate Bond, and the termination of the Public Improvements Agreement, 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 Corporate Bond and the termination of the Public Improvements Agreement for Berry Creek Metropolitan District for Singletree Community Master Landscape Plans, Phase II, File No. PDF- 00102. THAT, this document shall be recorded in the records of the Eagle County Clerk and Recorder, which shall be evidence that improvements under this Public Improvements Agreement have been successfully completed and that the Subdivider's 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 LQ day of May, 2011. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its ATTEST: BOARD OF COUNTY COMMISSIONERS Clerk to the Board of County Commissioners Commissioner Sara J. fisher Commissioner Commissioner seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Stavne m Com Runyo issioner Runyon Commissioner Fisher This Resolution passed by � vote of the Board of County Commissioners of the County of Eagle, State of Colorado. nrw\ resolutions \berrycreeksingletreefinal MEMORANDUM EAGLE COUNTY ENGINEERING TO: Nancy Wright, Eagle County Attorney's Office FROM: Ben Gerdes, Engineering Department DATE: April 26, 2011 RE: Public Improvements Agreement, Singletree Community Master Landscape Plan, Phase 11, Eagle County File No. PDF -00102 Authorization of Collateral Release Collateral for this project is held in the form of a Corporate Bond without Sureties, I have inspected the work and it is consistent with the improvements proposed in the Public Improvements Agreement. All of the improvements under this agreement have been completed. I reconunend releasing this project from the Berry Creels Metropolitan District Corporate Bond dated September 28, 2010. # # # cc: Eva Wilson, County Engineer — Email