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HomeMy WebLinkAboutR02-134 final release of collateral for Cordillera Mountain Tract #34Commissioner moved adoption of the following esolu #ion: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO.2002 -_ZC3!�" FINAL RELEASE OF COLLATERAL AND TERMINATION OF THE WARRANTY PERIOD FOR CORDILLERA MOUNTAIN TRACT, FILING 34 WATER TANK File No: PDF -00029 WHEREAS, on December 21, 1998, Kensington Partners, a Colorado General Partnership ( "Subdivider ") and the Board of County Commissioners of Eagle County, Colorado (hereinafter "Board ") entered into a Subdivision Improvements Agreement and a First Amendment to the Subdivision Improvements Agreement dated December 11, 2002 (hereinafter "Agreement ") concerning the development of Cordillera Mountain Tract, Filing 34, Water Tank; 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 reconurlends full release of the collateral and the termination of the Subdivision Improvements 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. WHEREAS, the warranty period required by the Subdivision Improvements Agreement has ended. 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 collateral and the termination of the Subdivision Improvements Agreement for Cordillera Mountain Tract, Filing 34, Water Tank; 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 Cordillera Mountain Tract, Filing 34, Water Tank, has been successfully completed and that the Subdivider's obligations under the 11808983 VIIIIIII II�II HVII1II' Iull 10/01/2002 04: 15P Agreement are complete. THAT, the Letter of Credit No. S407286/NVS373040 issued by Wells Fargo Bank be returned. THAT, Eagle County does not assume responsibility for maintenance or upkeep of the roads in Cordillera Mountain Tract, Filing 34, Water Tank. 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 Seprlrer, 2002. OC;e.d ATTEST:nW.p. Y aq ppd By: �0 Clerk to the Boar of County Commissioners COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS Arn`" . ` Menconi Commissioner Tom C. I Slone Commissioner Commissioner /7;� r seconded adoption of the foregoing resolution. The roll having been called, vote was as follows: Commissioner Michael L. Gallagher Commissioner Arn M. Menconi _ Commissioner Tom C. Stone This Resolution passed by (3-0 _ vote of the Board of County Commis- sioners of the County of Eagle, State of Coloradr 80$9$3 GAjkslresolutions\Vinal release cordillera Filing 34 Page: 2 of 3 File No. 87 -84 10/01! Sara J Fisher Eagle, Co 370 R 0 00 0200000 4,t�P F MEMORANDUM EAGLE COUNTY ENGINEERING TO: Janice Scofield, Legal Secretary Eagle County Attorney's Office FROM: John M. Vengrini-A I/ Engineering Department DATE: August 27, 2002 RE: "Subdivision and Off-Site Improvements Agreement, Cordillera Mountain Tract, Filing 34, , Water Tank, File No. PDF- 00029 ", Rec. No. 682636, Dated December 21, 1998 On August 26, 2002, I inspected the public improvements covered by the above referenced Subdivision Improvements Agreement (SIA) as amended by the First Amendment to the SIA dated December 11, 2000. All of the improvements will have satisfactorily completed the two year warranty period on August 31, 2002. Therefore, it is my recommendation that the remaining collateral in the amount of $45,850.00, which is held by Eagle County, be released and that the SIA, as amended, be terminated. # 4 # Pc: Helen MigcheIbrink, County Engineer Chris Williams; Johnson, Kunkel & Associates, Inc. John Cahill, Cordillera Jack Ingstad, County Administrator George Roussos, Assistant County Administrator Chrono File PDF -00029 IR II I��I II III I�I III VIII II 808983 y Page: 3 of 3 Sara J Fisher Eagle, CO 370 R 0.00 D 0.00