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HomeMy WebLinkAboutR91-090 Fourth partial release of collateral for River Ranch?a Commissioner 1c/ ul" moved adoption of the following Resolution: BOARD OF COUNTY COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 91- /d AUTHORIZING THE FOURTH PARTIAL RELEASE OF COLLATERAL RIVER RANCH SUBDIVISION WHEREAS, on or about November 20, 1989, pursuant to Section 30 -28 -137, C.R.S., the Board of County Commissioners of the County of Eagle, State of Colorado ('Board ") entered into a Sub- division Improvements Agreement ( "Agreement ") with River Ranch Partners (Steven J. Conger, General Partner) ( "Subdivider ") as a condition of final plat approval of River Ranch Subdivision; and WHEREAS, in order to guarantee the faithful completion of certain public improvements required under the Agreement, the Board accepted as collateral the following Irrevocable Letters of Credit dated November 17, 1989, issued by Pitkin County Bank & Trust: Letter of Credit No. 1162 $382,614.00 Letter of Credit No. 1163 144,375.00 and WHEREAS, by Resolution No. 90 -31, the Board authorized a reduction in collateral in the amount of $144,375.00, and released Letter of Credit No. 1163; and WHEREAS, by Resolution No. 90 -54, the Board authorized an additional reduction of collateral in the amount of $160,757.00; and WHEREAS, by Resolution No. 91 -21, the Board authorized an additional reduction of collateral in the amount of $116,371.00; and WHEREAS, the Subdivider has represented to the Board, and members of the County staff have corroborated the Subdivider's representations, that $8,000.00 should be retained for the shoulder graveling plus retainage for the correction period should be 10% of the road work costs or $10,049.00; and WHEREAS, based upon the written recommendations of the Eagle County Department of Engineering, the correction period be extended to three years; and WHEREAS, the Subdivider has applied for a further reduction in collateral in the amount of $87,437.00. THE BOARD FINDS that the Subdivider's obligations under the Agreement have been partially satisfied, and a further 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: THAT, the Board hereby authorize an additional release of collateral in the amount of $87,437.00, thereby reducing the collateral to $18,049.00. 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 its outstanding obligations under the Agreement. MOVED, READ AND ADOPTED by the Board of County Commis- sioners of the County of Eagle, State of Colorado, this / day of November, 1991. ty Commissioners -2- COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS _o g_ . Donald R. Welch, Commissioner Richard L. Gustafson, Commissioner Commissioner LA seconded adoption of the foregoing resoluti n. The roll having been called, the vote was as follows: Commissioner Donald H. Welch Commissioner George A. Gates Commissioner Richard L. Gustafson ! �� This Resolution passed by ';�-b vote of the Board of County Commissioners of the County of Eagle, State of Colorado. #89 -115 -3-