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TC Res. No. 1996-46TOWN OF AVON RESOLUTION NO. 96- 4 6 Series of 1996 A RESOLUTION APPROVING A REDUCED SECURITY DEPOSIT FOR WARRANTY WORK COMPLETED ON IMPROVEMENTS INSTALLED AND CONSTRUCTED IN ACCORDANCE WITH AMENDED AND RESTATED SUBDIVISION IMPROVEMENTS AGREEMENT FOR MOUNTAIN STAR SUBDIVISION WHEREAS, the Town of Avon and Mountain Star Limited Liability Company entered into an AMENDED AND RESTATED SUBDIVISION IMPROVEMENTS AGREEMENT in connection with the approval of the Final Plat for Mountain Star Subdivision; and WHEREAS, said Agreement established certain public and private 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 and provide for warranty work in accordance with the Agreement and the subsequent release of the security deposits upon completion of the improvements and warranty work; and WHEREAS, all required warranty work has been identified and the work completed as of October 28, 1996, or required security deposit to assure completion of the work has been submitted. NOW, THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, that: I . The identified warranty work related to public and private improvements required to be constructed in conjunction with Mountain Star Subdivision was substantially complete as of October 28, 1996, in accordance with the AMENDED AND RESTATED SUBDIVISION IMPROVEMENTS AGREEMENT and the stipulated one year warranty period for said warranty work shall extend to October 28, 1997. 2. Effective December 1, 1996, the security deposit may be reduced to $,25,000.00 which is equal to at least 110 percent of the cost of significant corrective work identified during the one year warranty period which is in accordance with the Amended and Restated Subdivision Improvements Agreement. ADOPTED THIS 12th DAY OF November ,1996. TOWN COUNCIL TOWN OF AVON, COLORADO A Patty Lambert, q1C Town Clerk