HomeMy WebLinkAboutR14-069 Edwards Village Center Lots 6&7 Commissioner moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2014- ( 9 FINAL RELEASE OF COLLATERAL AND TERMINATION OF THE WARRANTY PERIOD FOR EDWARDS VILLAGE CENTER LOTS 6& 7 (FILE NO.AFP-00048) 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 February 22, 1999 and recorded in the real property records of Eagle County at reception number 688225 ("Agreement") with Woodstone BWAB Commercial Partners ("Subdivider") as a condition of amended final plat approval for Edwards Village Center Lots 6 & 7, File No. AFP-00048; and WHEREAS, the County is presently holding collateral in the amount of$5,238.80 in connection with the subdivision improvements; and WHEREAS, the Engineering Department has determined the improvements are complete, have survived the two-year warranty period and are acceptable per the terms and conditions of 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 the termination of the Agreement as indicated in the Memorandum from the Engineering Department dated April 16, 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 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 $5,238.80 and the termination of the Subdivision Improvements Agreement for Edwards Village Center Lots 6 & 7, Eagle County File No. AFP-00048 which is recorded in the real property records of Eagle County at reception number 688225. THAT, this document shall be recorded in the records of the Eagle County Clerk and Recorder, which shall be evidence that the warranty period for Edwards Village Center Lots 6 & 7 has been successfully completed and that the Subdivider's obligations under the Agreement are complete. MOVED, READ AND ADOPTED by the Board of County ommissioners of the County of Eagle, State of Colorado, at its regular meeting held the / day of 2014. (irto a te- COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its ATTEST: `- BOARD O D OF COUNTY COMMISSIONERS * 1/ By: _ Clerk to the Board of Jill' H. Ryan County Commissioners C airman -444)-9 Sara J. Fisher Commissioner Kathy Chandler-Henry Commissioner Commissioner seconded adoption of the foregoing resolution. The roll having been called, the v to was as follows: Commissioner Ryan dir, Commissioner Fisher �� - Commissioner Chandler-Henry de ter This Resolution passed by vote of the Board of County Commissioners of the County of Eagle, State of Colorado. 2 MEMORANDUM EAGLE COUNTY ENGINEERING TO: Deborah Churchill, Eagle County Attorney's Office FROM: Mike Horvath, Engineering Department DATE: April 16, 2014 RE: Subdivision Improvements Agreement, Edwards Village Center Lots 6 & 7, Eagle County File No. AFP-00048 Release of Collateral and the Termination of the Warranty Period and Subdivision Improvements Agreement After a file review, we accept the improvements per the terms and conditions of the Subdivision Improvements Agreement. 1 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 the Edwards Village Center Lots 6 & 7 as collateralized and as established by the records of the Eagle County Treasurer, to $5,238.80. This amount represents the 10% of the collateral for the subdivision improvements to be retained throughout the two year warranty period. These improvements entail the construction of asphalt street widening, asphalt sidewalk, concrete curb & gutter, concrete valley pans, curb ramps, striping, and a sign. # # # cc: Eva Wilson, County Engineer (email) EXHIBff r '