HomeMy WebLinkAboutR14-073 MTM-Clear Creek Venture Final Release of Collateral Commissioner moved adoption
______Zti_______
of the following Resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 2014-
FINAL RELEASE OF COLLATERAL
AND
TERMINATION OF THE RECLAMATION AGREEMENT
FOR
MTM-CLEAR CREEK VENTURE
(FILE NO. ZS-00043)
WHEREAS, on or about April 19, 1999, the Board of County Commissioners of the
County of Eagle, State of Colorado ("Board") granted to MTM-Clear Creek Venture, LLC dba
American Towers ("Permittee") a Special Use Permit, File Number ZS-00043 with a condition
to implement an on-site reclamation plan. Resolution 99-70 approving the Special Use Permit is
recorded in the real property records of Eagle County at reception number 695963;
WHEREAS, the County entered into a Reclamation Agreement dated April 19, 1999
("Agreement") with Permittee ; and
WHEREAS, the County accepted and is currently holding collateral in the amount of
$7,500.00 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.
THAT, the Board hereby authorizes the full and final release of the collateral in the
amount of$7,500.00 and the termination of the Reclamation Agreement for MTM-Clear Creek
Venture associated with Special Use Permit File Number ZS-00043 . .
THAT, this document shall be recorded in the records of the Eagle County Clerk and
Recorder, which shall be evidence that 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 / day of
2014.
COUNTY OF EAGLE, STATE OF
I, ;i,.; COLORADO, By and Through Its
ATTEST: * - .4 BOARD OF COUNTY COMMISSIONERS
0
alb... � 1 • By: i/. _ 4 1 A / -
Clerk to the Board •f Jil,'{n H. Ryan _
County Commissioners C airman
42//4 &/L4-4-_.,,
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 passed by 7' 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, MTM Clear Creek,Eagle County File No. ZS-00043
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 MTM Clear Creek site as collateralized and as established
by Reception No. 696339, to $7,500.00. 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)
MINT
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