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HomeMy WebLinkAboutR02-075 final release of collateral for Cordillera Subdivison Filing 28a Commissioner moved adoption of the f flowing Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2002-(D76 FINAL RELEASE OF COLLATERAL AND TERMINATION OF THE WARRANTY PERIOD FOR CORDILLERA SUBDIVISION, FILING 28 WHEREAS, on June 3, 1997, Stag Gulch Partners ( "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 28; WHEREAS, by Eagle County Consent No. 99 -17, the County commenced the warranty period for Filing 28, said warranty period to expire June 24, 2001; 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 oral and 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 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 Improvements Agreement for Cordillera Subdivision, Filing 28. 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 28 has been successfully completed and that the Subdivider's obligations under the Agreement are complete. Page: I of 3 06/05/2002 04:45P Sara J Fisher Eagle, CO 370 R 0. 00 D 0.00 W G 0 I THAT, the Letter of Credit No. S407279, Amendment No. 5 issued by Wells Fargo Bank be returned. THAT, Eagle County does not assume responsibility for maintenance or upkeep of the roads in Cordillera Subdivision Filing 28. MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the �23 day of , 2002. ATTEST: County Commissioners COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS By: Michael Gallgher _ Chairman Commissioner Commissioner seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Michael t Gallagher Commissioner Tom C. Stone Commissioner Am M. Menconi may( This Resolution passed by (3-0 vote of the Board of County Commis- sioners of the County of Eagle, State of Colorado. G:\Paralegal\Consent\Final Collateral \Cordillera Filing 28.wpd 79799 111111111111111111111111111 11�11 111111111111111 �111 1111 Page: 2 of 3 06/05/2002 04:45P Sara J Fisher Eagle, CO 370 R 0.00 D 0.00 to the Board of 0 M C-1i MEMORANDUM EAGLE COUNTY ENGINEERING TO: Bruce Strasinger, Paralegal, Attorney's Office FROM: Mike Gruber / Engineering &0625� DATE: April 29, 2002 a APR 3 0 2002 t' — EAGLE COUNTY ATTORNEY RE: Cordillera, Filing 28, Final Collateral Release, Termination of SIA Formal request to close out the SIA for this filing was submitted by the developer, John Cahill, Director of Construction, Cordillera, in a letter dated February 6, 2002. This office responded that a final inspection would be performed as soon as snow melt allows for a thorough inspection. Inspection was conducted after the completion date of the warranty period as determined by Consent No. 99 -17. The improvements are complete per the terms and conditions of the SIA and have survived the two year warranty period . I recommend termination of the SIA and final release of the collateral in the amount of $31,338.60 which represents the 10% being retained until the time of a successful completion of the warranty period. These improvements entail the construction of utility infrastructure and private roadways. County maintenance is not required for these roadways. 111111111111111111111111111 III Sara J Fisher Eagle, CO 370 cc: Helen Migchelbrink, County Engineer Chrono/File 797990 Page: 3 of 3 05/05/2002 04:45P R 0.00 D 0.00