HomeMy WebLinkAboutR90-100 partial release of collateral for Valley Business Centera 3 3 Commissioner moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 90- is 6 AUTHORIZING THE PARTIAL RELEASE OF COLLATERAL VALLEY BUSINESS CENTER WHEREAS, on ( Section 30 -28 -137, C.R.1c County of Eagle, State division Improvements Gillman, doing business condition of final plat )r about September 26, 1989, pursuant to the Board of County Commissioners of the of Colorado ( "Board ") entered into a Sub - Agreement ( "Agreement ") with Robert P. as Sunset Properties ( "Subdivider ") as a approval of Valley Business Center; and WHEREAS, in order to guarantee the faithful completion of certain public improvements required under the Agreement, the Board accepted as collateral Irrevocable Letter of Credit No. 1155 issued by Pitkin County Bank & Trust, in the amount of $74,204.00; and WHEREAS, the Board previously granted a reduction in collateral to $45,344.00; and WHEREAS, Subdivider has represented to the Board that the remainder of the improvements are complete, and has applied for the release of the remaining collateral; and WHEREAS, members of the County staff have corroborated the Subdivider's representations that the improvements are complete, and recommend that the collateral be released except for ten percent (100) of the actual costs of the construction of Sunset Drive to cover the two -year warranty period. Based upon the oral and written recommendations of the Department of Community Development, THE BOARD FINDS that the Subdivider's obligations under the Agreement have been substan- tially satisfied, and a reduction in the collateral held by the Board is warranted. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: 435632 B -539 F-482 10/03/90 17:11 PG 1 OF c REC DOC JOHNN TTE PHILLIPS EAGLE COUNTY CLERK., COLORADO 0.1710 0.00 1. THAT, the Board hereby authorize the partial release of collateral in the amount of $41,970.00, thereby reducing the collateral to $3,374.00, which represents ten percent of the actual costs involved in the construction of Sunset Drive. 2. THAT, this collateral shall be retained for the two -year warranty period provided by Section 3.4 of the Agreement. 3. THAT, the partial release of collateral granted hereby shall not in any way abrogate the rights of the Board in enforcing the Subdivider's performance of his outstanding obligations under the Agreement. MOVED, READ AND ADOPTED by the Board of County Comm�s- sioners of the County of Eagle, State of Colorado, this �- day of October, 1990. County Commissioners COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS By: 6 Donald H. Welch, Chairman W Commissioner (? )(,'� %-e- S seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Donald H. Welch �hST Commissioner George A. Gates Commissioner Richard L. Gustafson This Resolution passed by A r - d vote of the Board of County Commissioners of the County of Eagle, State of Colorado. #89 -16 a£ _2_ 435632 8 -539 P -482 10/03/ 1Zi 17:11 PG 2 OF 2