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HomeMy WebLinkAboutR11-127 Frost Creek and Salt Creek PUD Term of SIA a Commissioner moved adoption of the following R • solution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2011- V TERMINATION OF THE SUBDIVISION IMPROVEMENTS AGREEMENT AND ONE YEAR EXTENDED WARRANTY PERIOD AND FINAL RELEASE OF COLLATERAL FOR FROST CREEK AND SALT CREEK PUD FILING NO. 1, FROST CREEK FILE NO. PDF -00091 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 4, 2006 ( "Agreement ") with Adam's Rib ( "Subdivider ") as a condition of final plat approval for Frost Creek and Salt Creek PUD, Filing 1, Frost Creek; and WHEREAS, an inspection was conducted by the Eagle County Engineering Department on May 14, 2010 and found that repairs were needed for portions of the bike /pedestrian path along the east border of the project parallel with Brush Creek Road. The terms and conditions of the Subdivision Improvements Agreement require an additional one year warranty period for repairs made under the two year warranty period. The additional one -year warranty shall commence on August 9, 2010 and terminate on August 9, 2011; and WHEREAS, Subdivider's provided collateral in the form of cash in the amount of $6,527.49 for the additional one year warranty period; and WHEREAS, the Engineering Department states the improvements are complete, have survived the one -year extended warranty period and are acceptable per the terms and conditions of the Subdivision Improvements Agreement; and recommends termination of the Subdivision Improvements Agreement, termination of the warranty period and the release of the remaining collateral in the amount of $6,527.49. 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 collateral in the amount of $6,527.49 and the termination of the one year extended warranty period for Frost Creek and Salt Creek PUD, File No. PDF- 00091. THAT, this document shall be recorded in the records of the Eagle County Clerk and Recorder, which shall be evidence that the one -year extended warranty period for Frost Creek and Salt Creek PUD, Filing No. PDF -00091 has been successfully completed and that the Subdivider's obligations under the Agreement are complete. MOVED, READ AND ADOPTED by the Board of Count Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the /V day of October, 2011. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its ATTEST: BOARD OF COUNTY COMMISSIONERS 9 a A w. • Clerk to the Board • f eo J o n St. vney County Commissioners �''' thai•. -.0* , r_, / O Allei Peter F. Runyon Commissioner Sara J. F her Commissioner Commissioner seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Stavney n Commissioner Runyon n Commissioner Fisher This Resolution passed by vote of the Board of County Commissioners of the County of Eagle, State of Colorado. nrw\ resolutions \frostcreeksaltcreekrelease MEMORANDUM EAGLE COUNTY ENGINEERING TO: Nancy Wright, Eagle County Attorney's Office FROM: Mike Gruber, Engineering Department DATE: October 3, 2011 RE: Subdivision Improvements Agreement, Frost Creek and Salt Creek PUD, Filing No. 1, Frost Creek, Eagle County File No. PDF -00091 Release of Collateral and the Termination of the One Year Extended Warranty Period, Termination of the Subdivision Improvements Agreement A request for inspection was received from Matt Shoulders, Adam's Rib Ranch, for those corrective items under the extended one year warranty required and commenced August 9, 2010. The corrected items were inspected by me and Matt, on September 30, 2011, and are agreed to be satisfactorily completed, having successfully survived the one year warranty period. I recommend termination of the Subdivision Improvements Agreement, termination of the warranty period, and the release of the remaining collateral for the improvements as follows: The improvements for Filing No. 1, Frost Creek as established under Consent No. 2010 -07 and collateralized with cash for the amount of $6,527.49. This amount represents the collateral for the subdivision improvements to be retained for the corrective repairs throughout the extended one year warranty period. The improvements for this project entail the construction of utility infrastructure and private roadways. County maintenance is not required for the roads. # # # cc: Eva Wilson, County Engineer (e -mail) Matt Shoulders, Adams Rib, (email) MShoulders @AdamsRibRanch.com EXHIBIT