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HomeMy WebLinkAboutR10-013 Final Release of Collateral Vail Christian High SchoolCommissioner ~~ ~ _~ "" ~~ i•"!t moved adoption of the following Resolution BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION N0.2010- t_. ( "~? FINAL RELEASE OF COLLATERAL AND TERMINATION OF THE SUBDIVISION IMPROVEMENTS AGREEMENT FOR VAIL CHRISTIAN HIGH SCHOOL FILE NO. PDF-00086 WHEREAS, on or about May 10, 2005, the Board of County Commissioners of the County of Eagle, State of Colorado ("Board") entered into a Subdivision Improvements Agreement with Vail Christian Schools ("Subdivider"); and WHEREAS, the Subdivider provided collateral in the form of 1st Bank of Vail Letter of Credit No. 876-7068 in the amount of $49,363.61; and WHEREAS, the Engineering Department states the improvements were completed in October 2006 and are acceptable per the terms and conditions of the Agreement. The documentation for as-built record and acceptance of the water main required under the Agreement was received January 27, 2010; 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, as secured by the Letter of Credit, and the termination of the Subdivision Improvements Agreement, see Exhibit "A", attached hereto and incorporated herein by this reference. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, based upon the oral and written recommendations of the County Engineer and County Attorney, THE BOARD FINDS that the Subdivider's obligations under the Agreement have been satisfied. THAT, the Board hereby authorizes the full and final release of the Letter of Credit and the termination of the Subdivision Improvements Agreement for Vail Christian High School. 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 Vail Christian High School has been successfully completed and that the Subdivider's obligations under the Agreement are complete. 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 February, 2010. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its ATTEST: BOARD OF COUNTY COMMISSIONERS a~ ~ _' ,~ y: , Clerk to the Board of ~ocoa~ Sara J. Fish r County Commissioners ~ ~~Chairman ~j Peter F. Runyon Commissioner J Commissioner ~"l. ~~ ~ ~ `~ E seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Fisher Commissioner Stavney Commissioner Runyon ~L ~ ~'i ~- -, This Resolution passed by the County of Eagle, State of Colorado. vote of the Board of County Commissioners of nrw\resolutions\vailchristian MEMORANDUM EAGLE COUNTY ENGINEERING TO: Nancy Wright, Eagle County Attorney's Office FROM: Mike Gruber, Engineering Department DATE: February 4, 2010 RE: Subdivision Improvements Agreement, Reception No. 915520, Vail Christian High School, Eagle County File No. PDF-00086, Release of Collateral, Termination of the Subdivision Improvements Agreement The improvements required under the Subdivision Improvements Agreement were completed October 2006 and are acceptable per the terms and conditions of the Agreement. The documentation for as-built record and acceptance of the water main required under the Agreement was received January 27, 2010. I recommend termination of the Subdivision Improvements Agreement, and the release of the collateral in the amount of $49,363.61. This amount represents the amount being retained for the completion of the improvements under the Subdivision Improvements Agreement. The improvements under this agreement entail the construction of utility infrastructure, astorm water management system, parking lots and private access improvements. County maintenance is not required for the access road. # # # cc: Eva Wilson, County Engineer (e-mail)