To: Board of County Commissioners
Through: John Christofferson, Acting County Attorney, County Attorney's Office
Prepared By:
prepared
Matt Hader, Senior Assistant County Attorney
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Subject:
title
Resolution Approving Waiver and Release, Termination Agreement, License Revocation, and Quitclaim Deed Concerning ASP25-010, Regal Electric, LLC
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Purpose and Request:
recommended action
The Board of County Commissioners (the "Board") is requested to adopt a resolution clearing up several documents that are inconsistent and conflict with current approved plans for property located at Dove Valley Business Park Subdivision Filing No. 26, Block 1 Lot 2 (the "Subject Property"). The Board is being asked to approve the following: 1) a Release and Waiver Agreement, concerning potential claims originating from an obsolete 2023 Subdivision Improvement Agreement against DC, LLC ("DC") and Regal Colorado, LLC ("Regal"); 2) a Termination Agreement terminating an obsolete Stormwater Facility Maintenance Agreement with DC and Regal; 3) a Revocation of Storm Drainage License revoking a license granted to DC pursuant to an obsolete Uniform Easement Deed and Revocable Storm Drainage License and assigned to Regal; and 4) a Quitclaim Deed conveying the easement granted as part of the Uniform Easement Deed and Revocable Storm Drainage License back to Regal.
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Background and Discussion:
There are existing agreements and easements burdening the Subject Property that were part of an Administrative Site Plan submitted by DC, LLC ("DC"), the initial developer, approved in August 2023 (case no. ASP21-010). DC has since conveyed the Subject Property to Regal and assigned all rights under any existing agreements. Regal's ASP was subsequently approved in April 2026 (case no. ASP25-010). However, the pre-existing agreements and easements approved as part of DC's ASP are inconsistent with Regal's approved plan. In order to cure any issues with title and conflicting agreement...
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