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HomeMy WebLinkAboutR93-114 substitution of collateral for Cordillera Filing 3moved adoption Commissioner L of the follows Resolut on: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 93-� SUBSTITUTION of COLLATERAL Filing 3 Tracts L, M, N, S and T CORDILLERA SUBDIVISION WHEREAS, pursuant to C.R.S. 30 -28 -137, the Board of County Commissioners of the County of Eagle, State of Colorado ( "Board ") entered into a Subdivision Improvements Agreement dated August 10, 1993 ( "Agreement ") with Kensington Partners, a Colorado General Partnership ( "Subdivider "), as a condition of final plat approval for Filing 3, Tracts L, M, N, S and T, Cordillera Subdivision; and WHEREAS, the Subdivider provided collateral in the form of a plat restriction to guarantee the faithful completion of the public improvements in the project; and WHEREAS, Paragraph 2.4 of the Agreement allows the Subdivider to provide Substitute Collateral in a form acceptable to the County, all as described therein; and WHEREAS, Subdivider has presented Irrevocable Letter of Credit No. 59180359 issued by the`New York Branch of Berliner Handels -und Frankfurter Bank ( "BHF- Bank ") in favor of JLP Realty Corp. in the amount of $444,869.99; and WHEREAS, JLP Realty Corp. has approved the use of said Letter of Credit by Subdivider as collateral for the project; and WHEREAS, Subdivider requests a release of the plat restriction for Filing 3, Tracts L, M, N, S and T, upon acceptance by the Board of said Letter of Credit. THEREFORE, BE IT RESOLVED BY THE BOARD OF. COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, the Board accepts the above - described letter of credit as substitute collateral for Filing 3, Tracts L, M, N, S and T, Cordillera Subdivision and hereby releases the plat restriction for Filing 3. THAT, all other provisions of the Agreement shall remain in full force and effect. THAT, this resolution shall be recorded in the Records of the Eagle County Clerk and Recorder, which shall be evidence that the- plat note for Filing 3, Tracts L, M, N, S and T, Cordillera Subdivision, is released. MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, this day of October, 1993. ATTEST: COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS By: George A. Gates, Chairman ohnnette Phill ps, CoAlm issioner �a'� 2-z V E. ns 6r , Jr. Co issioner Commissioned seconded adoption of the f resol tion. The roll having been called, the vote was as g g follows: Commissioner George A. Gates Commissioner Johnnette Phillips Commissioner James E. Johnson, Jr. This Resolution passed by vote of the Board of County Commissioners of the County of Eagle, State of Colorado. cord- 3L.sub #87 -84 County Commissioners