HomeMy WebLinkAboutR96-144 final release of collateral for Colorow at Squaw Creekj
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Coamnissioner moved adoption
of the followi g Resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 96 - -fT
FINAL RELEASE OF COLLATERAL
AND TERMINATION OF THE WARRANTY PERIOD
FOR
COLOROW AT SQUAW CREEK SUBDIVISION
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WHEREAS, as a condition of approval of the final plat for The
Colorow Subdivision, Harlan A. Eckhardt; Howard E. Katzman and
Shirley Katzman; Robert Barker and Karin Barker; Carl Berman and
Ann Berman; Peter Schlesinger d/b/a Kimon Co.; Philip R. And
Victoria A. Gamber; Steven Roosa; Vail National Bank; and Gerald
Rea; ("Original Subdividers") or their respective successors or
assigns entered into a Subdivision Improvements Agreement
("Agreement") with the Eagle County Board of County Commissioners
("Board") on the 18th day of April, 1988. Said Agreement is
recorded in Book 483 and Page 312 in the records of the Eagle
County Clerk and Recorder's Office; and
WHEREAS, pursuant to the Agreement, the Original Subdividers
provided collateral in the form of cash deposits with the Eagle
County Treasurer's Office to ensure the completion of the public
improvements required under the Agreement; and
WHEREAS, on February 14, 1994, the County approved the
assignment of the Agreement ("Addendum") to the Lot Owners within
the Colorow at Squaw Creek Subdivision and The Colorow at Squaw
Creek Subdivision Homeowners Association, (hereinafter referred to
as "Subdividers") all as set forth therein; said Addendum to the
Agreement is recorded in Book 632 and Page 836 in the records of
the Eagle County Clerk and Recorder's Office; and
WHEREAS, pursuant to the Addendum the Subdividers agreed to
improve the Squaw Creek Road to an acceptably safe condition and to
accommodate the incremental increase in traffic burden to said road
resulting from the development of the Colorow Subdivision; and
5Q6549 B-??Q P-574 11/Q5/1996 03:42P PG 1 OF' 4 REC D~JC
Sara J. Fisher Eagle County Glerk & Recorder Q.00
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WHEREAS, pursuant to the Addendum the Board agreed to drawing
on said collateral deposited with the Eagle County Treasurer's
Office, and paying each contractor directly; and
WHEREAS, on August 1, 1994, the Board held a hearing for final
settlement and the warranty period was commenced; and
WHEREAS, both the Subdivider and the Engineering Department
state that the work is complete and acceptable and the Engineering
Department recommends full release of the collateral and the
termination of the warranty period, see Exhibit "A", attached
hereto and incorporated herein by this reference.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
CONIlKISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO:
THAT, the Board hereby authorizes the full and final release
of collateral and the termination of the warranty period.
THAT, the Board hereby directs the Eagle County Treasurer to
issue a warrant to Ewing Trucking and Construction Co., the
contractor for the Homeowners Association, in the amount of
$3109.47.
THAT, the Board hereby directs the Eagle County Treasurer to
issue a warrant to the Homeowners Association, for the remaining
amount of collateral on deposit with the Eagle County Treasurer's,
in the amount of $9.44.
THAT, the Board will continue to be responsible for
maintaining Squaw Creek Road.
THAT, this document shall be recorded in the Records of the
Eagle County Clerk and Recorder, which shall be evidence that the
Agreement has been terminated.
THAT, the Board hereby finds, determines and declares that
this Resolution is necessary for the public health, safety and
welfare of the residents of the County of Eagle, State of Colorado.
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60fi549 B-714 P-574 Il/45/1996 43:OZP PG 2 OF 4
MOVED, READ AND ADOPTED by the Board of County Commissioners
of the County of Eagle, Sta e of Colorado, at its regular meeting
held the ~ day of 1996.
ATTEST:
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COUNTY OF EAGLE, STATE OF
COLORADO, By and Through Its
D OF COUNTY COMMISSIONERS
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Clerk to the oard of Georg A. Gates, Chairman
County Commissioners
Commissioner /~~~,Q~,lj,p seconded adoption of the
foregoing resolution. The roll having been called, the vote was as
follows:
Commissioner Gates ~_
Commissioner Phillips ~~
Commissioner Johnson
This Resolution passed by ~ ~ vote of the Board of
County Commissioners of the County of Eagle, State of Colorado.
mta\r\colorow.ter
87-148
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606549 B-720 P-570 11j05/1996 03:02P PG 3 QF 4
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hnnette Phillips, Commi sinner
MEMORANDUM
EAGLE COUNTY ENGINEERING
TO: Maureen Amundson / Attorney's Office
FROM: Mike Gruber / Engineering ~/~~~vi
DATE: October 2, 1996
RE: Final Release, Collateral; Termination of SIA
Colorow at Squaw Creek Subdivision
Inspection performed on September 17, 1996 at the request of Ewing
Trucking indicates items for completion of the two year warranty period
are complete and acceptable. Release of collateral representing 100
retainage for the warranty period and termination of the SIA is
recommended. No additional warranty periods are required. Maintenance
is and has been provided by the County, nothing changes in this respect.
Disbursement of the collateral shall be as suggested by Larry
Metternick's September 19, 1994 letter to Michael Sanner, Colorow at
Squaw Creek Homeowners Association. Please refer to enclosed copy of
this letter. Ewing is to receive $3109.47 and the Homeowners Association -
the remainder, $9.44 bringing the total to $3118.91. The Treasurer's
Office has verified this amount.
I contacted Michael Sanner. He concurred with this disbursement and
advised of a new address and name change.
Squaw Creek Ranch Homeowners Association
Attn: Michael Sanner
P.O. Box 775
Edwards, Colorado 81632
Due to the non customary strcture of this agreement and the late date,
would you please put a "rush" on this to get it before the Board.
Thanks.
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xc: George Roussos, County Engineer ~;,
Chrono/File
606549 B-710 P-570 11/05j1996 03:02P PG 4 Off' 4
EXHIBIT