HomeMy WebLinkAboutR14-068 Rocky Mountain Natural Gas and Public Service Final Release Commissioner . moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2014- C� FINAL RELEASE OF COLLATERAL AND TERMINATION OF THE RECLAMATION AGREEMENT FOR ROCKY MOUNTAIN NATURAL GAS AND PUBLIC SERVICE COMPANY OF COLORADO (FILE NO. ZS-343-94) WHEREAS, on or about May 17, 1994, the Board of County Commissioners of the County of Eagle, State of Colorado ("Board") granted to Rocky Mountain Natural Gas and Public Service Company of Colorado ("Permittee") a Special Use Permit, File Number ZS-343- 94, for the Cottonwood Pass to Abrams Creek Pipeline which resolution is recorded in the real property records of Eagle County at reception numbers 537370 and 539461; and WHEREAS, the Board entered into a Reclamation Agreement dated May 17, 1994, ("Agreement") with Permittee which Agreement is attached as Exhibit A to the resolution recorded in the real property records of Eagle County at reception number 539461; and WHEREAS, the County accepted and is currently holding collateralin the amount of $8,000.00 to secure Permitee's performance under the Agreement; and WHEREAS, the work required under the Agreement is complete and acceptable and the Engineering Department recommends full release of the current collateral and termination of the Agreement as indicated in the Memorandum from the Engineering Department dated April 17, 2014 which is attached hereto and incorporated herein by this reference as Exhibit "A". NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, based upon the recommendation of the County Engineer, the Board finds that the Permittee's obligations under the Agreement have been satisfied; and THAT, the Board hereby authorizes the full and final release of collateral in the amount of$8,000.00, and the termination of the Reclamation Agreement for Rocky Mountain Natural Gas and Public Service Company of Colorado associated with Special Use Permit File No. ZS- 343-94; and MO■l■=11■, • THAT, this document shall be recorded in the records of the Eagle County Clerk and Recorder, which shall be evidence that the the 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 /67 day of 2014. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its ATTEST: BOARD OF COUNTY COMMISSIONERS • * * By: 1. Clerk to the Board f Jil an H. Ryan County Commissioners airman Sara J. Fisher Commissioner Kathy Chandler-Henry Commissioner Commissioner seconded adoption of the foregoing resolution. The roll having been called, the ote was as follows: Commissioner Ryan Commissioner Fisher Commissioner Chandler-Henry This Resolution assed b p y /� vote of the Board of County Commissioners of the County of Eagle, State of Colorado. 2 • �I MEMORANDUM EAGLE COUNTY ENGINEERING TO: Deborah Churchill, Eagle County Attorney's Office FROM: Mike Horvath, Engineering Department DATE: April 17, 2014 RE: Reclamation Agreement, Rocky Mountain Natural Gas Pipeline from Cottonwood Pass to Abrams Creek, Eagle County File No. ZS-343-94 Release of Collateral and the Termination of the Warranty Period and Reclamation Agreement After a file review, we accept the improvements per the terms and conditions of the Reclamation Agreement. I recommend termination of the Reclamation Agreement, termination of the warranty period, and the release of the remaining collateral for the improvements as follows: The improvements for Cottonwood Pass to Abrams Creek Pipeline site as collateralized and as established by Reception No. 539461, to $8,000.00. This amount represents the collateral for the improvements to be retained throughout the two year warranty period. These improvements entail the landscaping of the site. # # # cc: Eva Wilson, County Engineer(email) EXHIBIT i i ICI I