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HomeMy WebLinkAboutR02-094 final release of collateral for Corn Construction and Lafarge WestCommissioner ' moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO.2002 -t�W FINAL RELEASE OF COLLATERAL AND TERMINATION OF THE WARRANTY PERIOD FOR CORN CONSTRUCTION CO. and LAFARGE WEST, INC. AS SUCCESSOR IN INTEREST TO CORN CONSTRUCTION CO. File No. ZS -00009 WHEREAS, on May 27, 1997, Corn Construction Co.( "Subdivider ") and the Board of County Commissioners of Eagle County, Colorado (hereinafter "Board ") entered into a Reclamation Agreement (hereinafter "Agreement "). WHEREAS, a Special Use Permit was issued to Corn Construction Co. for a temporary asphalt plant on a parcel of land in the unincorporated area of Eagle County described as SW1 /4 of Section 14 and NWl /4 of Section 23, Township 4 South, Range 83 West of the 6th Principle Meridian, Eagle County, Colorado. WHEREAS, the Subdivider provided to the County Performance Bond No. 5885324 issued by Safeco Insurance Company of America in the amount of $15,000.00 to insure compliance with the Special Use Permit. LaFarge West, Inc. is successor in interest to Corn Construction Co. and has assumed this obligation from Corn Construction Co. WHEREAS, both the Subdivider and the Engineering Department state that the work required under the Agreement and Special Use Permit is complete and acceptable and the Engineering Department recommends full release of the collateral and the termination of the Reclamation 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. 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 the collateral and the termination of the Reclamation Agreement and Special Use Permit. 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 the herein described property has been successfully completed and that the Subdivider's obligations under the Agreement are complete. THAT, Safeco Insurance Company of America is authorized to release Performance Bond No. 5885324. 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 July 2002. IFAMM�1t1A i Clerk to the Board of County Commissioners t^�J� .4 OUNTY OF EAGLE, STATE OF OLORADO, By and Through Its OARD OF COUNTY COMMISSIONERS 0 /j Commissioner Commissioner / seconded adoption of the foregoing resolution. The roll having been called, t e vote was as follows: Commissioner Commissioner Commissioner Michael C. Gallagher Am M. Menconi Tom C. Stone y This Resolution passed by,)/-`�/'�Z`/,�,//;� &�f—,i--.,vote of the Board of County Commis- sioners of the County of Eagle,'State of Colorado. GAjksVcsolutionslfinal releaseCorn Construction File No. 97 -66 MEMORANDUM EAGLE COUNTY ENGINEERING TO: Janice Scofield, Legal Secretary Eagle County Attorney's Office FROM: John M. Vengrin�Av Engineering Department DATE: July 2, 2002 RE: ZS- 00009, Corn Construction Special Use Permit, Commencement of Warranty Period per Reclamation Agreement Dated May 27, 1997 On July 2, 2002,1 inspected the land which was used and reclaimed as part of the above referenced Special Use Permit and Reclamation Agreement. The Iand, which was previously inspected on October 29, 1997, has been maintained in good condition by the permittee in accordance with Section 2.2 of the-Reclamation- A-greem. ent. The Permittee has successfully completed the Warranty Period in accordance with the Reclamation Agreement, and there is no reason for the County to continue to hold the collateral as required by the Reclamation Agreement. # # # cc: Helen Migchelbrink, County Engineer Julie Goettemoeller, LaFarge North America Chrono File ZS -00009