HomeMy WebLinkAboutR02-140 final release of collateral for Riverwalk at Edwards Lot 3b
Commissioner moved adoption
of the llowing Resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 2002-
FINAL RELEASE OF COLLATERAL
AND
TERMINATION OF THE WARRANTY PERIOD
FOR
RIVERWALK AT EDWARDS, LOT 3, PHASE 3
A RESUBDIVISION OF TRACT A
PD- 291 -95 -F
WHEREAS, on January 5, 1994, The Board of County Commissioners of the County of
Eagle, State of Colorado (`Board ") and 4020 Land Investors, a general partnership and Eagle
Associates, a Colorado Limited Partnership ( "Subdivider ") entered into a Subdivision
Improvements Agreement ( "Agreement ") recorded in Book 673 at Page 791 in the records of the
Eagle County Clerk and Recorder's Office, as a condition of final plat approval for File No. PD-
291 -95 -F; Riverwalk at Edwards, Lot 3, Phase 3, a Resubdivision of Tract A; and
WHEREAS, on August 15, 1995 and on August 11, 1997 the Subdivider and the Board
entered into Amendments to the above referenced Subdivision and Off -Site Improvements
Agreement for Riverwalk at Edwards, Lot 3, Phase 3, recorded in the Eagle County Clerk and
Recorder's Office at Reception Nos: 569807 and 630390; 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 and the termination of the Agreement, see Exhibit "A,"
attached hereto and incorporated herein by this reference.
WHEREAS, by Eagle County Consent No. 2000 -13, the warranty period for the
improvements for Riverwalk at Edwards, Lot 3, Phase 3 was commenced, -and Subdivider
provided the County with collateral in the form of a check in the amount of $677.00 representing
10% of the collateral to be retained through the warranty period; and
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, based upon the oral and written, recommendations of the County staff, THE
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Sara J
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BOARD FINDS that the Subdivider's obligations under the Agreement have been satisfied.
THAT, the Board hereby authorizes the full and final release of collateral and the
termination of the Agreement for Riverwalk at Edwards, Lot 3, Phase 3, A Resubdivision of Tract
A.
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 Riverwalk at Edwards, Lot 3,
Phase 3, a Resubdivision of Tract A has been successfully completed and that the Subdivider's
obligations under the Agreement are complete.
THAT, the Board of County Commissioners hereby directs the Eagle County Treasurer to
issue a warrant to the Subdivider or its designee, in the amount of $677.00.
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 October,
2002.
COUNTY OF EAGLE, STATE OF
rC0LORADO, By and Through Its
ATTEST: , OARD OF C LINTY COMMISSIONERS
By: �� ByA A
Clerk to the Bo d of oto Mic Gallagher
County Commissioners C i
to
Arn`Wf. - Menconi
Commissioner
By: JR74
Tom C. Stone
Commissioner
Commissioner 6�� _ seconded adoption of the foregoing resolution. The roll
having been called, the vote was as follows:
Commissioner
Commissioner
Commissioner
Michael L. Gallagher
Am M. Menton
Tom C. Stone
f
This Resolution passed by J-0 vote of the Board of County Commissioners
of the County of Eagle, State of Colorado.
GAjkslresolutionsllfinal release Riverwalk at Edwards
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Sara J Fisher tEaqla, Co 370 R 0.00 D 0. 00
MEMORANDUM
EAGLE COUNTY ENGINEERING
TO: Janice Scofield, Attorney's Office
FROM: Mike Gruber, Engineering / s! k1r__1
DATE: September 19, 2002
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RE: Riverwalk at Edwards Lot 3, Phase 3, Release of Collateral and Termination of The
Warranty Period
Notification was received from Debbie Christner of Eagle II Developers Inc. stating a request for
inspection of work under the warranty period as established by Consent No. 2000 -13. These
improvements entail the construction of a segment of a pedestrian and bicycle trail as part of the
above referenced project.
Inspection was conducted by me on September 18, 2002. The improvements are complete, have
survived the two -year warranty period and are acceptable per the terms and conditions of the
Subdivision Improvements Agreement.
I recommend termination of the Agreement and final release of the collateral in the amount of
$677.00 which represents the 10% being retained until successful completion of the warranty period.
810047
Page: 3 of 3
Sara J Fisher Eagle, Co 370 R 0.00 10/100 0000005 :16P
xc: Helen Migchelbrink, County Engineer
Chrono /File
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