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HomeMy WebLinkAboutR05-129 final release of collateral for Bachelor Gulch Village Filing 3 EAGLE COUNTY RECqpD~R, COLORAOO 937283 TEAK J SIMONTON : :00:43PM 370 REC: $0.00 DOC: 9; PAGES: 3 . 111111 III" '" II 11/17/210105 Commissioner firhto ~ moved adoption of the foIlowi g Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE. STATE OF COLORADO RESOLUTION NO. 2005- Q-i' FINAL RELEASE OF COLLATERAL AND TERMINATION OF THE WARRANTY PERIOD FOR BACHELOR GULCH VILLAGE, FILING 3, A RESUBDIVISION OF TRACT YY WHEREAS, on April 9, 2002, VaiVArrowhead, Inc., a Colorado Corporation ("Subdivider") and the Board of County Commissioners of Eagle County, Colorado (hereinafter "Board") entered into a Subdivision and Off-Site Improvements Agreement (hereinafter "Agreement") concerning the development of Bachelor Gulch Village Filing 3, a Resubdivision of Tract YY; and WHEREAS, by Eagle County Consent No. 2002-06, the County retroactively commenced the warranty period for Bachelor Gulch Village Filing 3, a Resubdivision of Tract YY, said warranty period expired July 26,2004; and WHEREAS, by Eag:te County Consent No. 2004-24,the County commenced a one"year extension of the warranty period, said warranty period to expire on November 24,2005; and WHEREAS, both the Subdivider and the Engineering Department state that the work required under the Agreement is complete and acceptable and the Engineering Department recommends full release of the collateral and the termination of the Subdivision and Off-Site Improvements Agreement, see Exhibit "A," attached hereto and incorporated herein by this reference. Based upon the written recommendations of the County staff, THE BOARD FINDS that the Subdivider's obligations under the Agreement have been satisfied. "- WHEREAS, the warranty period required by the Subdivision and Off-Site Improvements Agreement has ended. . 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 full and final release of collateral and the termination of the Subdivision and Off-Site Improvements Agreement for Bachelor Gulch Village Filing 3, a Resubdivision of Tract YY. THAT, Eagle County does not assume responsibility for maintenance or upkeep of the roads in Bachelor Gulch Village Filing 3, a Resubdivision of Tract YY. THAT, this document shall be recorded in the Records of the Eagle County Clerk and Recorder, which shall be evidence that the warranty period for Bachelor Gulch Village Filing 3, a Resubdivision of Tract YY has been successfully completed and that the Subdivider's obligations under the Agreement are complete. THAT, the Letter of Credit No. SLCPPDX01548 issued by USBank National Association be returned. MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the \5 day of November, 2005. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its ,j~JJ1E'ST: BOARD TY COMMISSIONERS - By: Tom C. Stone Commissioner Commissioner 111cn eo 1:1 i seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Menconi ytL(C Commissioner Runyon H<-( e Commissioner Stone .c--- This Resolution passed by ,J--6 vote of the Board of County Commissioners of the County of Eagle, State of Colorado. G:\fKSlresolutionslBachelor Gulch, Track YY.DOC MEMORANDUM EAGLE COUNTY ENGINEERING TO: Janice Scofield, County Attorney's Office FROM. Phillip M. Bowman, Project Engineer f~ It? 2-6. oS- DATE: October 26,2005 RE: Bachelor Gulch, Tract YY, PDF-00071 Final Release of Collateral and Termination of Extended Warranty Period On October 24,2005, I inspected the public improvements that were included in the extended warranty established by Consent No. 2004-24. The improvements have successfully completed the extended warranty, and it is recommended that the warranty period be terminated and that the collateral in the amount of$115,594.60 be released. These improvements entail the construction of utility infrastructure and private roadways. County maintenance is not required for these roads. Please call me at extension 3560 if you have any questions. xc: Helen Migchelbrink, County Engineer Chrono/file EXHIBIT 10 \ ( /1 .. D 11 J:) 3 THAT, Eagle County does not assume responsibility for maintenance or upkeep of the roads in Bachelor Gulch Village Filing 3, a Resubdivision of Tract YY. THAT, this document shall be recorded in the Records of the Eagle County Clerk and Recorder, which shall be evidence that the warranty period for Bachelor Gulch Village Filing 3, a Resubdivision of Tract YY has been successfully completed and that the Subdivider's obligations under the Agreement are complete. THAT, the Letter of Credit No. SLCPPDX01548 issued by USBank National Association be returned. 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 November, 2005. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD TY COMMISSIONERS Peter F. Runyon Commissioner By: Tom C. Stone Commissioner Commissioner nle'ne6 t1 ,. seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Menconi v}L( C Commissioner Runyon H~ie Commissioner Stone :..-- This Resolution passed by (:) --C) vote of the Board of County Commissioners of the County of Eagle, State of Colorado. G:\JKS\resolutionslBache1or Gulch, Track YY.DOC MEMORANDUM EAGLE COUNTY ENGINEERING TO: Janice Scofield, County Attorney's Office FROM; Phillip M. Bowman, Project Engineer f~ It? 2-6. oS- DATE: October 26, 2005 RE: Bachelor Gulch, Tract YY, PDF-00071 Final Release of Collateral and Termination of Extended Warranty Period On October 24,2005, I inspected the public improvements that were included in the extended warranty established by Consent No. 2004-24. The improvements have successfully completed the extended warranty, and it is recommended that the warranty period be terminated and that the collateral in the amount of$115,594.60 be released. These improvements entail the construction of utility infrastructure and private roadways. County maintenance is not required for these roads. Please call me at extension 3560 if you have any questions. xc: Helen Migchelbrink, County Engineer Chrono/file EXHIBIT b , 'if :0 ,D S