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HomeMy WebLinkAboutR93-147 partial release of collateral for sopris view apartments� a C , Commissione moved adoption of the followi g Resol ion: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 93- jL7- AUTHORIZING PARTIAL RELEASE OF COLLATERAL FOR SOPRIS VIEW APARTMENTS PHASE I AND PHASE II (SUMMIT VISTA LOT 1) WHEREAS, on or about July 14, 1992, pursuant to C.R.S. 30 -28- 137, the Board of County Commissioners of the County of Eagle, State of Colorado ( "Board "), entered into a Subdivision Improve- ments Agreement ( "Agreement ") with Basalt Trade. Associates ( "Subdivider ") as a condition of final plat approval of Summit Vista, Lot 1, Sopris View Apartments, Phase I and II; and WHEREAS, in order to guarantee the faithful completion of certain public improvements required under the Agreement, the Board accepted as collateral Letter of Credit No. 81 in the amount of $40,000.00; and WHEREAS, on March 10, 1993, Letter of Credit No. 81 was replaced by Letter of Credit No. 85 in the amount of $55,000.00 to cover the public improvements required under Phase I and Phase II; and Phase I WHEREAS, the Subdivider has represented to the Board, and members of the County staff have corroborated, Subdivider's request for a partial release of its collateral in the amount of $28,175.00 thereby reducing the collateral to $11,555.00, which represents the amount retained for the balance of the public improvements. (Exhibit A attached hereto and incorporated herein). Phase II WHEREAS, the Subdivider has represented to the Board, and members of the County staff have corroborated, the public improvements on Phase II have been satisfactorily completed. Subdivider requests a partial release of its collateral in the amount of $15,750 thereby reducing the collateral to $1,750, or ten percent (10%) of the original collateral. This amount is to be held for the two -year warranty period. (Exhibit A) BASED UPON the oral and written recommendations of the Eagle County Department of Engineering, the Board finds that the public improvements in Phase I have been partially completed and a reduction in collateral to $11,555 is appropriate. Also, the improvements in Phase II have been successfully completed and collateral in the amount of $1,750 will be held for the two -year warranty period. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, the Board hereby authorizes the partial release of collateral in the amount of $28,175.00, thereby reducing the collateral to $11,555, which represents the balance of the public improvements to be completed in Phase I. THAT, the Board hereby authorizes a partial release of collateral to the amount of $1,750 to be held for the two -year warranty period in Phase II. THAT, the release of collateral granted hereby does not in any way abrogate the rights of the Board in enforcing the Subdivider's performance of its outstanding obligations under the Agreement. MOVED, READ AND ADOPTED by the Board of County ommissioners of the County of Eagle, State of Colorado, this � day of December, 1993. � COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its ATTEST: BOARD OF COUNTY COMMISSIONERS. r By: Clerk to the gbard of George . Ga es, Chairman County Commissioners .���I, ice/ t'. � �.a✓ Johnn. Phillips Coftimissione r r Commissioner seconded adoption of the foregoing resol tion. The roll 6ving been called, the vote was as follows: Commissioner George A. Gates Commissioner Johnnette Phillips _ Commissioner James E. Johnson, Jr. This Resolution passed by ( ?-- vote of the Board of County Commissioners of the County of Eagle, State of Colorado. r \sopris.par 84 -152 -3- MEMORANDUM D a � t� EAGLE COUNTY ENGINEERING `�i`; Y 1 7 1993 'v EAGLE COUNTY ATTORNEY TO: Nancy Lewis, Attorney's Office FROM: John Althoff, Engineering DATE: November 12, 1993 RE: Sopris View Apartments (Summit Vista Lot 1) The Engineering Department has reviewed the Sopris View Apartments, Phases I WORK PHASE I EXHIBIT A COMPLETED 1. Parking Area & Roads $16,080 $16,080 2. Utilities -0- -0- 3. Common /Recreation Elements $ 8,000 $ 5 (Children's play area complete) 4. Landscaping $ 3,500 $ 3,000 (all complete except signs) 5. Fencing -0- -0- 6. Bicycle Path (315' complete) $10,890 $ 2,835 7. Walkways 1,260 $ 1,260 TOTAL $39,730 $28,175 Reduce collateral to $11,555 (over 10% of $39,730 = $3,973) PHASE II 1. Parking Area & Roads $14,080 $14,080 2. Landscaping /Berming $ 2,500 $ 2,500 3. Walkways $ 840 $ 840 4.. 5. Step signs Detention $ 80 $ -0- $ 80 $ -0 TOTAL $17,500 $17,500 All of Phase II is completed. Reduce to 10% for 2 year warranty period (Collateral = $17,500 x 10% = $1,750). CC: Larry Metternick File r �