Loading...
HomeMy WebLinkAboutR96-144 final release of collateral for Colorow at Squaw Creekj ~~ r- ~> c~" y/-~- 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 v~ 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 >. .~ ~' v 1~I4T 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. .,~ ~. . ~. L:% 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: Y ..~! ~ µ ,.... ~'Y Y ~~~~_ ~ ~` ~h~ COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its D OF COUNTY COMMISSIONERS ~p ~~g~~~ ~ ~~~~.` y: 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 ~~ ',:r C.;; 606549 B-720 P-570 11j05/1996 03:02P PG 3 QF 4 i 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. •, .~ -•. .~ .g xc: George Roussos, County Engineer ~;, Chrono/File 606549 B-710 P-570 11/05j1996 03:02P PG 4 Off' 4 EXHIBIT