HomeMy WebLinkAboutR03-001 Release of Collateral Cordillera Subdivision Filing 37 PDF-00042~ ~ 31~
Commissioner moved adoption
of the following Resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION N0.2003-~
FINAL RELEASE OF COLLATERAL
AND RETROACTIVE COMMENCEMENT AND
TERMINATION OF THE WARRANTY PERIOD
FOR
CORDII.LERA SUBDIVISION FILING 37, TRACTS A & B
File No. PDF-00042
WHEREAS, on February 7, 2000, Squaw Creek Realty Corporation, a Colorado
corporation, hereinafter ("Subdivider") and the Board of County Commissioners of Eagle
County, Colorado (hereinafter `Board") entered into a Subdivisions Improvements Agreement
(hereinafter "Agreement") concerning the development of Cordillera Subdivision, Filing 37;
Tracts A & B 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 termination of the Subdivision Improvements
Agreement, see Exhibit "A," attached hereto and incorporated herein by this reference. Based
upon the oral and written recommendations of the County staff, THE BOARD FINDS that the
Subdivider's obligations under the Agreement have been satisfied.
WHEREAS, the County Engineer and the County Attorney agree that the warranty
period required by the Subdivision Improvements Agreement is retroactively commenced as of
July 12, 2000 and the warranty period is retroactively terminated as of July 13, 2002; and
WHEREAS, Subdivider provided collateral in the form of a check in the amount of
$7,063.00 which is being held in the Eagle County Treasurer's collateral account; 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 Improvements Agreement for Cordillera Subdivision, Filing 37,
Tracts A & B; and
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 Cordillera Subdivision, Filing 37,
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Tracts A & B has been successfully completed and that the Subdivider's obligations under the
Agreement aze complete.
THAT, the Board of County Commissioners hereby directs the Eagle County Treasurer
to issue a warrant to the Subdivider in the amount of $7,063.00.
THAT, Eagle County does not assume responsibility for maintenance or upkeep of the
road in Cordillera Subdivision, Filing 37, Tracts A & B.
MOVED, READ AND ADOPTED by the Boazd of County Commissioners of the
County of Eagle, State of Colorado, at its regular meeting held the day of January, 2003.
COUNTY OF EAGLE, STATE OF
COLORADO, By and Through Its
ATTEST: BOARD OF COUNTY COMMISSIONERS
By:
Clerk to the Boardd of
County Commissioners
By: ~
1 L. Gallagher
air
r
By:
Arn Menconi
Commissioner
By:
Tom C. Stone
Commissioner
Commissioner . seconded adoption of the foregoing resolution. The roll
having been called, a vote was as follows:
Commissioner Michael L. Gallagher
Commissioner Arn M. Menconi
Commissioner Tom C. Stone
This Resolution passed by ~ `(~ vote of the Boazd of County Commis-
sioners of the County of Eagle, State of Colorado.
G:\jks\resolutions\\final release cordillera Filing371st
File No. 87-84
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MEMORANDUM
EAGLE COUNTY ENGINEERING
TO: Janice Scofield, Legal Secretary
Eagle County Atto/rney's Office
FROM: John M. Vengrin V
Engineering Department
DATE: December 2, 2002
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RE: "Subdivision Improvements Agreement, Cordillera, Filing 37", PDF-00042, Cordillera
Mountain Tract, Filing 37, Tracts A & B, Rec. No. 722161, Dated February 7, 2000
The improvements for the above referenced Subdivision Improvements Agreement (SIA) were first
inspected and approved on July 12, 2000. Earlier this year, on October 17, 2002, I reinspected the
improvements and found them to be in satisfactory condition. The warranty period was not
recommended for commencement in July, 2000, because as-built drawings of the improvements had
yet to be provided. These drawings were finally received by the Engineering Department on
November 26, 2002, and they were found to be satisfactory.
Because the commencement of the warranty period was delayed for reasons other than the actual
construction of the improvements, and because the improvements have successfully passed atwo-
year period, it is my recommendation that: 1) the warranty period be retroactively commenced on
July 12, 2000, 2) the warranty period be declared expired on July 13, 2002, 3) the check in the
amount of $7,063 which is being held as collateral by Eagle County be returned to the Subdivider,
and 4) the SIA be terminated.
# # #
Pc: Helen Migchelbrink, County Engineer
John Cahill, Cordillera
Chris Williams; Johnson, Kunkel & Associates
File PDF-00042
Attachment
819759
Page: 3 of 3
01/08!2003 @4:46P
Sara J Fisher Eagle, CO 370 R 0.00 D 0.00
EXHIBIT
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