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HomeMy WebLinkAboutR95-093 partial release of collateral for Kuntz Ranch SubdivisionCommissioner moved adoption of the ollow nq Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 95- AUTHORIZING PARTIAL RELEASE OF COLLATERAL AND COMMENCEMENT OF THE WARRANTY PERIOD FOR RUNTZ RANCH SUBDIVISION WHEREAS, pursuant to C.R.S. 30-28-37, the Board of County Commissioners of the County of Eagle, State of Colorado ("County") entered into a Subdivision Improvements Agreement dated June 14, 1995 ("Agreement") with William E. Kuntz ("Subdivider") as a condition of final plat approval for Kuntz Ranch; and WHEREAS, pursuant to the Agreement the Subdivider provided the County with collateral for those public improvements required under the Agreement in the form of an Assignment of a Certificate of Deposit; and WHEREAS, pursuant to the Agreement, the Subdivider may apply to the County for a release of collateral based on its progress in constructing the public improvements required by the Agreement; and WHEREAS, Subdivider has represented to the County, that the public improvements required under the Agreement have been completed; therefore Subdivider has applied for a release of collateral and requests that the warranty period be commenced; and WHEREAS, the Subdivider requests a partial release of its collateral reducing the amount currently held by the County from $10,780.00 to $1,078.00; and WHEREAS, based upon the oral and written recommendations of the County Engineer, THE BOARD FINDS that the public improvements associated with Kuntz Ranch appear to have been completed in a satisfactory manner and that therefore the commencement of the warranty period would be appropriate; and THEREFORE, BE IT RESOLVED BY THE BOARD OF COIINTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, based upon the recommendations of the County Engineer the Board hereby authorizes the partial release of collateral in the amount of $9,702.00, thereby reducing the collateral to $1,078.00, which amount represents ten percent of the original cost estimate. THAT, based upon the recommendations of the County Engineer, the commencement of the warranty period would be appropriate, the two year warranty period will expire on July 18, 1997. THAT, the Board hereby authorizes The First Bank of Eagle to reduce the security represented by the Assignment of the Certificate of Deposit Number 16058 to the amount of $1,078.00, all other terms of the Certificate of Deposit are to remain in full force and effect. THAT, the partial release of collateral granted hereby shall not in any way abrogate the rights of the County in enforcing the Subdivider's performance of his outstanding obligations under the Agreement. MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, this day of August, 1995. ATTEST: ~-- By: Cler to the Board of County Commissioners COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS James E. Johnson, Jr., Chairman George Gates, Jr., Commi sioner ohnnette Phi ips, Comm sioner Commissioner ~~~ seconded adoption of the fore- going resolution. The roll having been called, the vote was as follows: Commissioner Johnson .r--~-- Commissioner Gates ~,~~, Commissioner Phillips This Resolution passed by ~ --O vote of the Board of County Commissioners of the County of Eagle, State of Colorado. mta\rel\kuntz.war 94-50 MEMORANDUM EAGLE COUNTY ENGINEERING TO: Maureen Amundson, Attorney's Office D ~ FROM: Mike Gruber, Engineering G~%~C~~ JUL 1 g 1995 DATE : July 18, 1995 F",r~ ~ C~~.1~!T( ATTOP+~~E~ RE: Kuntz Ranch Subdivision Partial Release of Collateral Beck and Associates, Inc. has requested a partial release of the collateral that Eagle County is holding for this Subdivision Improvements Agreement. A collateral release summary is attached. The Engineering Department agrees with the representations by Beck and Associates, and recommends the collateral be reduced from $10,780.00 to $1,078.00. This amount represents the 10% retainage required for the 2 year warranty period. The 2 year warranty period may be started at the time of Resolution. Please note that the improvements are for private use and the road will not be maintained by the county. If you have any questions, please call me. xc: George Roussos Chrono/File EXHIBIT COLLATERAL RELEASE SUNIlKARY SIA: Kuntz Ranch Subdivision DATE: July 18, 1995 Prepare subgrade Prepare subbase Class 6 base course Furnish & install culvert & stop sign Furnish & install water line Total Improvements IMPROVEMENTS COMPLETED: $10,780.00 10% RETAINAGE $ 1,078.00 FIRST RELEASE $ 9,702.00 ORIGINAL SIA: $10,780.00 FIRST RELEASE: $ 9,702.00 REVISED SIA: $ 1,078.00 ORIGINAL AMOUNT COLLATERALIZED $ 720.00 $ 1,500.00 $ 1,400.00 $ 2,160.00 $ 5,000.00 $10,780.00 AMOUNT OF IMPROVEMENTS COMPLETED $ 720.00 $ 1,500.00 $ 1,400.00 $ 2,160.00 $ 5,000.00 $10,780.00