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HomeMy WebLinkAboutR05-130 final release of collateral for Arrowhead at Vail Filing 27 EAGLE COUNTY RECORDER. COLORADO 937284 TEAK J SIMONTq}" 01 :00:44PM 370 REC: $0.00 Ob $ PAGES: 3 III III II I II I II II 11/17/2005 Commissioner '-' V'\ moved adoption of the foIl wing Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2005- I r3 ~ FINAL RELEASE OF COLLATERAL AND TERMINATION OF THE WARRANTY PERIOD FOR ARROWHEAD AT VAIL FILING 27 WHEREAS, on April 3, 2001, Vail/Arrowhead, 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 Arrowhead at Vail Filing 27; and WHEREAS, by Eagle County Consent No. 2002-09, the County commenced the warranty period for Arrowhead at Vail Filing 27, said warranty period expired October 4, 2004; and WHEREAS, by Eagle County Consent No. 2004-26, the County partially terminated the warranty period for certain improvements completed satisfactorily and extended a one-year warranty period for Arrowhead at Vail Filing 27, 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 Arrowhead at Vail Filing 27. THAT, Eagle County does not assume responsibility for maintenance or upkeep of the roads in Arrowhead at Vail Filing 27. 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 Arrowhead at Vail Filing 27 has been successfully completed and that the Subdivider's obligations under the Agreement are complete. THAT, the Letter of Credit No. SLCPPDXOl767 issued by USBank National Association be returned. MOVED, READ AND ADOPTED by the Board of County Commissioners ofthe 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 CO TY COMMISSIONERS . By: By: Clerk BA c=~ County Commissi Peter F. Runyon Commissioner By: Tom C. Stone Commissioner Commissioner r1'V' /l (7 d 11 ; seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Menconi f9{/ ~ Commissioner Runyon ;4Y~ Commissioner Stone - This Resolution passed by ;J vote of the Board of County Commissioners ofthe County of Eagle, State of Colorado. G:IJKS\resolutions\Arrowhead at Vail finaLDOC MEMORANDUM EAGLE COUNTY ENGINEERING TO: Janice Scofield, County Attorney's Office FROM: Phillip M. Bowman, Project Engineer f~ {P. 2-b. oS DATE: October 26, 2005 RE: Arrowhead, Filing 27, PDF-00057 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. 2004-26. 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$85,011.38 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/fiIe EXHIBIT ,; /I D i