HomeMy WebLinkAboutC88-051 assignment of prime money fund accountASSIGNMENT OF PRIME MONEY FUND ACCOUNT TO: Silverado Banking C88 -51 -28 For valuable consideration, the receipt of which is hereby acknowledged, Western Savings and Loan Association ( "Western ") hereby assigns to the County of Eagle, State of Colorado, by and through its Board of County Commissioners (the "County "), an interest in its Prime Money Fund Account No. 007 - 8604891 with or issued by Silverado Banking to the extent of $120,000.00 (hereinafter referred to as the "assigned amount "), excluding all interest now due or to become due on the assigned amount. This Assignment is given as security for Western's faithful performance of its obligations under an Improvements Agreement dated July 20, 1987, entered into by and between Western and the County, a copy of which is attached hereto. This Assignment shall be a continuing assignment, and will be effective for the original contract term, and any extensions thereof, until Western fully performs its obligations under the terms of the Improvements Agreement to the satisfaction of the County, or is otherwise released therefrom by the County. In accordance with the Improvements Agreement, Western may apply to the County for a reduction in the assigned amount and, upon written approval by the County, such assigned amount shall be so reduced. Western hereby authorizes the County to demand and collect all or any portion of the deposit to the extent of the assigned amount in accordance with this Assignment and the provisions of the Improvements Agreement, and to issue a receipt for any sums received therefrom. Western hereby directs Silverado Banking to pay to the County, its legal representative, successors, or assigns, upon written demand, the amount so demanded, to the extent of the assigned amount. This Assignment shall neither be amended nor terminated without the written consent of all signatories hereto. DATED this ),Lf_4,- day of August, 1987. WESTERN SAVINGS AND LOAN ASSOCIATION By Its: s(? 6A ASSIS `n gj O L -.i . STATE OF ARIZONA ) ) ss. COUNTY OF MARICOPA ) On this Z- N-Lday of u , 1987, before .me, a notary public, personally appear 6d , known to me to be the of Western Savings and Loan Association. Witness my hand and official seal. P-T G missic t , My commission expires: VVLA 11 t,� VVltLL LLIULJ1V11 lil Lam. Gar-- - `�— Notary Public COUNTY OF EAGLE, STATE OF COLORADO By and through its Board of COUNTY 9O 4,ISSIONERS C airmanr Richard L . Gt�`taf � ;" -2- C88 -51 -28 AMENDMENT TO ASSIGNMENT OF PRIME MONEY FUND ACCOUNT TO: Silverado Banking THIS AMENDMENT is made and entered into as of the -E1 day of :: , 1988, by and between Western Savings and Loan Association "WSL ") and the County of Eagle, State of Colorado, by and through its Board of County Commissioners (the "County "). RECITALS A. WSL, as Assignor, and the County, as Assignee, are parties to a certain Assignment of Prime Money Fund Account dated August 24, 1987, whereby WSL assigned to the County an interest in WSL's Prime Money Fund Account No. 007 - 8604891 with or issued by Silverado Banking to the extent of the principal amount of $120,000.00, excluding all interest due or to become due in the future on the principal amount, which Assignment was given to secure to the County WSL's faithful performance of its obligations under an Improvements Agreement between the parties dated July 20, 1987; and B. WSL has completed certain of the improvements, and thereby partially performed its obligations to the County under the Improvements Agreement; and C. WSL and the County wish to amend the terms of the Assignment of Prime Money Fund Account. follows: NOW, THEREFORE, WSL and the County hereby agree as 1. The principal amount of the funds on deposit at or with Silverado Banking in Prime Money Fund Account No. 007 - 8604891 shall be reduced to $ 109,500.00. 2. The conditions, terms and provisions of the Assignment of Prime Money Fund Account shall remain in full force and effect except as amended hereby. 3. This Amendment shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and assigns. ¢e.. �. 2 i ""•4+► COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its Board of County TTEST: Commissioners IV By: 2 _ I By: / Clerk to the Board Georg A. Gates, Chairman of County Commissioners ATTEST: WESTERN SAVINGS'AND LOAN ASSOCIATION By: t By • avid M. Kotin Assistant Vice President STATE OF ARIZONA ) ss County of Maricopa ) The foregoing instrument was acknowledged before me this _ day of _, 1988, by David M. Kotin as Assistant Vice President and as Secretary of Western Savings & Loan Association. Witness my hand and official seal. My commission expires 1P_C. It-, ta$q -2-