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
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