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HomeMy WebLinkAboutR10-135 Sonnenalp Golf Club Final Release of Collateral „,,�� Commissioner " " L ' �”' moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2010- FINAL RELEASE OF COLLATERAL AND TERMINATION OF THE WARRANTY PERIOD AND TERMINATION OF THE PUBLIC IMPROVEMENTS AGREEMENT FOR SONNENALP GOLF CLUB FILE NO. MI -12085 WHEREAS, ursuant to C.R.S. §30-28-137, the Board of County Commissioners p § y ss oners of the County of Eagle, State of Colorado ( "County ") entered into a Public Improvements Agreement dated June 21, 2007 (Agreement) with SPI Golf CIub a/k/a Sonnenalp Golf Club ( "Subdivider ") as a condition of approval for Grading Permit Number MI -12085 for the Prairie Circle Berm; and WHEREAS, pursuant to the Agreement, the Subdivider provided collateral in the form of Alpine Bank Letter of Credit No. 4450303233 in the amount of $1,217.50 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 Public 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 Public 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 and the Public Improvements Agreement for Sonnenalp Golf Club. 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 Sonnenalp Golf Club 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 l day of November, 2010. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its ATTEST: BOARD OF COUNTY COMMISSIONERS tAct 9 . By fiSD Clerk to the oard of ° otoaPSP Sara J. Fisher County Commissioners Chairman . Ow1/L.it Jon Stavney Commiler r, Peter F. Runyon Commissioner Commissioner PC S— seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Fisher ■Q-t,. - Commissioner Stavney S �_ i Commissioner Runyon —►. K Z This Resolution passed by 0 vote of the Board of County Commissioners of the County of Eagle, State of Colorado. nrw\resolutions \sonnenalp • MEMORANDUM EAGLE COUNTY ENGINEERING TO: Nancy Wright, Eagle County Attorney's Office FROM Mike Gruber, Engineering Department j /� i DATE: October 30, 2008 RE: Public Improvements Agreement, Sonnenalp Golf Club, File No. MI -1285 Release of Collateral, Termination of Warranty and Termination of Public Improvements Agreement The developer contacted me requesting an inspection of the the public improvements now at the end of the warranty period, October 13, 2010. Inspection was conducted by me on October 20, 2010. The improvements were found to be in satisfactory condition and have successfully survived the two year warranty. I recommend termination of the Public Improvements Agreement, and the release of the collateral in the amount of $1,217.50 as established by Consent No. 2008 -20 to be held until successful completion of the warranty period under the Public Improvements Agreement. The improvements under this agreement entail the construction of a private berm. County maintenance is not required. # # # cc: Eva Wilson, County Engineer (email) Neil Tretter, ntretter @sonnenalp.com EXHIBIT i ---a____