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HomeMy WebLinkAboutR06-065-REC#200617350 - final release of collateral for Slater Type A Minor Subdivision Commissioner ~ moved adoption of the following Resolution: BOARD OF COUNTY COl\'1MISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2006- OC9 < FINAL RELEASE OF COLLATERAL AND TERMINATION OF THE WARRANTY PERIOD FOR SLATER TYPE A MINOR SUBDIVISION File No. SMA.OOO20 WHEREAS, on August 19,2003, H. Charles Slater ("Subdivider") and the Board of County Commissioners of Eagle County, Colorado (hereinafter "Board") entered into a Subdivision and Off-Site Improvements Agreement (hereinafter "Agreement") as a condition of approval of the Final Plat of Slater Type A Minor Subdivision; and WHEREAS, by Eagle County Consent No. 2004-11, the County commenced the warranty period for Slater Type A Minor Subdivision, said warranty period expired May 7,2006; and WHEREAS, the Subdivider provided cash collateral in the amount of $2,777.00 which represented the 10% collateral to be held throughout the two-year warranty period; 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 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; and WHEREAS, the warranty period required by the Subdivision and Off-Site Improvements Agreement has ended; and 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 Slater Type A Minor Subdivision. 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 Slater Type A Minor Subdivision has been successfully completed and that the Subdivider's obligations under the Agreement are complete. THAT, Eagle County does not assume responsibility for maintenance or upkeep of the roads in the Slater Type A Minor Subdivision. THAT, the Board of County Commissioners hereby directs the Eagle County Treasurer to issue a warrant to the Subdivider in the amount of $2,777.00. 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 June, 2006. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its ATTEST: BOARD OF COUNTY COMMISSIONERS By: Clerk to the Board of County Commissioners By: TomC Co , By: Am encom, Commissioner Commissioner ~ seconded adoption of the foregoing resolution. The roll having been called, the ote was as follows: Commissioner Runyon ~ Commissioner Stone Commissioner Menconi o;y' ;;;Yo This Resolution passed by vote of the Board of County Commissioners of the County of Eagle, State of Colorado. G:VKS\resolutions\Slater Minor A Subdivsion.DOC G-2003-31 ~1 ,/,,/-- MEMORANDUM EAGLECOUNTYENGThffiERrnG TO: Janice Scofield Attomey's Office I FROM: Mike Gruber II/! j~-- Engineering . Lit f:::;: DATE: June 16, 2006 RE: Slater Type A Minor Subdivision, SMA-00020, Release of Collateral and Termination of the Warranty Period and Subdivision Improvements Agreement Mr. Charles Slater has made a request for inspection of work for the Slater Minor A Subdivision under the warranty period as established by Consent No. 2004-11. Inspection was conducted by me on June 15,2006. 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 Agreement and release of the remaining collateral in the amount of $2,777.00. 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 a private roadway. County maintenance is not required for this road. # # # Pc: Helen Migchelbrink, County Engineer Chrono/File