HomeMy WebLinkAboutR10-067 Big O Tires File No. ZS-00137 Final Release of Collateral
Commissioner ~L--~~ ~~---
of the following Resolution:
- 06/23/2030
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BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION N0.2010- d~
FINAL RELEASE OF COLLATERAL
AND
TERMINATION OF THE WARRANTY PERIOD
FOR
EAGLE VAIL MAGI INVESTORS, LLC
FOR
BIG O TIRES
FILE NO. ZS-00137
WHEREAS, pursuant to C.R.S. §30-28-137, the Board of County Commissioners of the
County of Eagle, State of Colorado ("County") entered into a Subdivision Improvements
Agreement dated July 17, 2006 ("Agreement") with Eagle Vail Mag7 Investors, LLC
("Subdivider") as a condition of approval of the Final Plat for Big O Tires; and
WHEREAS, pursuant to the Agreement, the Subdivider provided collateral in the form
of Timberline Bank Letter of Credit No. 107 in the amount of $48,112.24 to guarantee the
faithful completion of the public improvements; and
WHEREAS, the Engineering Department states the improvements are complete, have
survived the two-year warranty period and are acceptable per the terms and conditions of the
Subdivision Improvements Agreement; 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 Warranty Period for Big O Tires.
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 Big O Tires has been successfully
completed and that the Subdivider's obligations under the Agreement are complete.
MOVED, READ AND ADOPTED by the Board of Cou~-ty Commissioners of the
County of Eagle, State of Colorado, at its regular meeting held the Z day of June, 2010.
ATTEST:
COUNTY OF EAGLE, STATE OF
COLORADO, By and Through Its
BOARD OF COUNTY COMMISSIONERS
Sara J. Fisher
Chairman
Jon
Peter F. Runyon
Commissioner
County Commissioners
Commissioner ~5
having been called, the vote was as follows:
Commissioner Fisher
Commissioner Stavney
Commissioner Runyon
This Resolution passed by ~ / d
the County of Eagle, State of Colorado.
Y-i~~ y
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seconded adoption of the foregoing resolution. The roll
vote of the Board of County Commissioners of
nrw\resolutions\bigotires
MEMORANDUM
TO: Nancy Wright, Attorney's Office
FROM: Greg Schroeder, Engineering Department~~
DATE: Wednesday, June 09, 2010
FILE #: ZS-00137
RE: Big-O Tires, Eagle-Vail, CO, Final Collateral Release and termination of
Warranty Period
On Monday, June 7, 2010, I performed a site walkthrough to inspect the public
improvements for the above mentioned site. Based upon my observations, the
improvements appear to be satisfactory as shown on.the as-built plans. Additionally, I
verified that the sidewalk was installed to the proper width of 6' wide, and the detention
pond was constructed as shown on the plans and as depicted on the as-built.
Also enclosed is a letter from Eagle River Water and Sanitation District dated May 24,
2010 indicating that ERWSD has accepted their infrastructure.
Based upon the above items, please release the letter of credit in the amount of
$48,112.24. Additionally, the two year warranty has been completed, so please terminate
said warranty.
# # #
Enc: ERWSD May 24, 2010 Letter
cc: Eva Wilson, County Engineer
G:1Development120061ZS1ZS-00137 -Big 0 TiresISIA120100609_MEMORANDUM.doc
EXHIBIT
a
a
9
EAGLE RIVER
~~ WATER St SAN1l'ATION DISTRICT
May 24, 2010
Mr. Kevin Brooks
Big O Tires
205 N. 4th Street, Suite 450
Grand Juction, CO 81505
Mx. Sean Saddler P.E.
Marcin Engineering LLC
P.O. Box 1062
Avon, CO 81620
846 Forest Road • Vail, Colorado 81657
(970) 476-7480 • FAX (970) 475-4089
Reference: BIG "O" TIRE SHOP WATER MAIN EXTENSION
WATER MAIN
Dear Mr. Brooks,
This letter is to inform you that the above-referenced Water Main has successfully completed all the
items required for the District to grant Final Acceptance. The below listed items have been
submitted and approved by the District and this Water Main is accepted as part of the District`s
system.
1. Final Grade and Paving Inspection
2. As-Built Drawings
3. Easement Documentation
4. Certification of Costs
5. Bill of Sale
6. Finallnspection
7. Final Acceptance
COMPLETED DECEMBER 3, 2007
COMPLETED DECEMBER 11, 2008
COMPLETED MAY 11, 1980
COMPLETED NOVEMBER 20, 2008
COMPLETED NOVEMBER 28, 2008
COMPLETED DECEMBER 7, 2007
COMPLETED MAY 11, 2010
Yourtwo-year warranty time period for this Water Main began on the date of Construction
Acceptance.
If you have any questions or concerns, please contact me at (970) 477-5449.
Sincerely,
Fxed S. Haslee
Regulations Administrator
cc: Project File
Distribution & Collection Department
FSH/bp
WATER, WASTEWATER, C)PERATIONS & MANAGEMENT SERVICES
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