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TC Res. No. 1997-52TOWN OF AVON RESOLUTION NO. 97-52 Series of 1997 A RESOLUTION APPROVING AND ACCEPTING THE PUBLIC EMPROVEIVIENTS INSTALLED AND CONSTRUCTED IN ACCORDANCE WITH SUBDIVISION EMPROVEMENTS AGREEMENT FOR NOTTINGHAM STATION P.U.D., AMENDMENT NO.2 AND ESTABLISHING WARRANTY PERIOD FOR SAID EMPROVEM ENTS WHEREAS, the Town of Avon and Canyon Run Limited Liability Company entered into a SUBDIVISION IMPROVEMENTS AGREEMENT in connection with the approval of the Final Plat for Nottingham Station P. U. D., Amendment No. 2, a Resubdivision of Lot 3, Nottingham Station, Town of Avon, Eagle County, Colorado; and WHEREAS, said Agreement established certain public improvements to be constructed in conjunction with said subdivision; and WHEREAS, said Agreement established requirements for the provision of security deposits to assure completion of the improvements in accordance with the Agreement and the subsequent release of the security deposits upon completion and the stipulated warranty period; and WHEREAS, said public improvements were substantially complete as of September 30, 1997; and WHEREAS, all required documentation for approval and acceptance of the improvements has been submitted. NOW, THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, that: 1. The public improvements required to be constructed in conjunction with Nottingham Station P.U.D., Amendment No. 2 was substantially complete as of September 30, 1997, in accordance with the SUBDIVISION IMPROVEMENTS AGREEMENT and the stipulated one year warranty period for said improvements shall extend to September 30, 1998. 2. The public improvements are hereby approved and accepted by the Town of Avon with the exception of items of warranty work which are identified during the warranty period, which items shall have a warranty period which extends for one year from the date of satisfactory correction of the warranted item. RFR9757 nO 3. Effective October 1, 1997, the security deposit may be reduced to $ 62,388.00 which is equal to ten (10) percent of the total cost of completion of all public improvements in accordance with the Subdivision Improvements Agreement. ADOPTED THIS 30th DAY OF September 1997. TOWN COUNCIL TOWN OF AVON, COLORADO Jack Fawcett, Mayor ATTEST: Patty Lambert; Town Clerk RFO.9757 Y)or 7.