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HomeMy WebLinkAboutR06-031 final release of collateral for Miller's Creek on the Eagle River Filing 2 EAGLE COUNTY, co TEAl( , SI"""TON 2eeE 3?e Pgs: 3 iiry/>, 59' 28PI1 ",C, ..... D<lc, () . e3/3e COllllnisSioner II"''''''''I~ llJoVed adoPtion of the fOl/oWilJg ResolutiolJ: BOARD OF COUNTy C01l11luSSIONERS COUNTy OF EAGLE, STATE OF COLORADo Rl!;SOLrlTION NO. 2IIo6. FlJI{A.L Rl!;LEA.,SE OF COLLATERAL AND TF:RMJNA TION OF TIn;; WARRANTY PERIOD FO~ 1I11LLER'S CRl!;El(. ON TIn;; EA G LE lUVF;R, nUN G 2 File No. PDF-OOoSJ WlIl!:Rl!;A.,S, On AuguSt 28,2000 the Boa, Eagle, State of Colorado ("Board,,) and S:MAc Md o~ COunty CommiSSioners of the COUnty of COmpany ("SUbdivider") entered into a Subd' . . dler s Creek, LLC, a COlorado limited liability ("A" IVISIOn and OfiS't 1 greement ) as a cOndition of ' mal plat ap 1 Eo M' -,'e mprovements Agreement 2: and prova Or Iller s Creek On the Eagle River, Filing . WIn;;Rl!;A.S, both the SUbdivider and the E' . reqUlred Under the Agreement is complet d nWneermg Department state that the work recommends fUI/ release of the COllateral :0'::' th:~~eptable I1nd the Engineering Department attached hereto and incorporated here' b th . llJunatIOlJ of the Agreement, See Exhibit "A " m Y IS reference. , WlIl!:Rl!;A.,S, by Eagle COUnty Co N improvements for Miller's Creek On the E:Sl,,:,t . o. 2002-12, the wan-anty Period for the provIded the COUnty With COlIateral in the f;nn R7er,':d:g 2 was commenced, and SUbdivider representmg 10% of the colIateral to b t.' d olu;a c ec m the amoUnt of $4,632.01 e re aIne tOUgh the Wan-anty PeriOd; and Wfu;;Rl!;A.,S, the Warranty periOd, . d b Agreement has expired. eql1Jre y the SUbdivision and Off-Site Improvements NOW, TIn;;Rl!;FORl!; BE IT Rl!;s COMMISSIONERs OF TlIi: COVJl{TY g: ;:g!!y TIn;; BOARD OF COUNTy E, STATE OF COLORADO: TlfA.T, based upon the recomme d . the SUbdi vider' S Obligations Under the A natIons of the COUnty staff, TIn;; BO AIm F'I1vDs th t 8reement have been Satisfied. a . TlIAT, the BOard hereby authorizes the full . tennmatIon of the Agreement for M'll ' C and flOal release of cOl/ateral and the 1 er S reek OlJ the Eagle RiVer, Filing 2. TlfA. T, this dOcument shall be recorded . Recorder, which shalI be evidence that the w m the records of the Eagle COUnty Clerk and an-anty Pef10d for MilIer's Creek On the Eagle River, Filing 2 has been successfully completed and that the Subdivider's obligations under the Agreement are complete. THAT, the public improvements entailed construction of utility infrastructure and private roadways. Eagle County does not assume responsibility for maintenance or upkeep of the roads in Miller's Creek on the Eagle River, Filing 2. THAT, the Board of County Commissioners hereby directs the Eagle County Treasurer to issue a warrant to the Subdivider or its designee, in the amount of $4,632.01. MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the Zfj day of March, 2006. COUNTY OF EAGLE, STATE OF v.-Gl..e 0': ('0 OLORADO, By and Through Its By: ~ ~ ?i~;NERS ~ y: /' ~ Teak J. Simonton Peter F. Runyon Clerk to the Board of Chairman County Commissioners By: By: Commissioner seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Runyon Commissioner Stone Commissioner Menconi This Resolution passed by vote of the Board of County Commissioners of the County of Eagle, State of Colorado. G:VKS\resolutions\finalreleasemiller'screek.DOC File No. G-2000-085 MEMORANDUM EAGLECOUNTYENGThffiEroNG TO: Janice Scofield, Attomey's Office ... FROM: Mike Gruber, Engineering Nl ( kr;;: DATE: March 9, 2006 RE: Release of Collateral and Termination of the Warranty Period, Miller's Creek, Piling 2, PDF-00053 Nancy MacDonald representing S-Mac Miller's Creek, LLC has made a request for inspection of work for Miller's Creek under the warranty period as established by Consent No. 2002-12. My inspection indicates the improvements are complete, have survived the two-year warranty period and are acceptable per the terms and conditions of the Subdivision Improvements Agreement. I recommend termination of the Warranty Period and release of the remaining collateral in the amount of $4,632.01. This amount is equivalent to 10% of the improvements cost retained until successful completion of the warranty period and fulfillment of the terms and conditions of the Subdivision Improvements Agreement. These improvements entail the construction of utility infrastructure and private roadways. County maintenance is not required for these roads. # # # Pc: Helen Migchelbrink, County Engineer Steve MacDonald, fax 926-6881 Chrono/FiIe