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HomeMy WebLinkAboutR93-158 extension of SIA and Letter of Credit for Old Orchardr Commissioner moved adoption of e follo ing Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 93 - L& R AUTHORIZING THE EXTENSION OF THE SUBDIVISION IMPROVEMENTS AGREEMENT AND LETTER OF CREDIT NO. 1181 FOR OLD ORCHARD SUBDIVISION TO JUNE 31, 1994 WHEREAS, on or about April 9, 1991, 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 Subdivision Improvements Agreement ( "Agreement ") with Mid - Valley Development Co. by H.L.M.S., Inc., a Colorado Corporation, (Morton A. Heller, Vice President of H.L.M.S., a Colorado corporation, General Partner of Mid - Valley Development Company) ( "Subdivider ") as a condition of final plat approval of Old Orchard Plaza Subdivision; and WHEREAS, in order to guarantee the faithful completion of certain public improvements required under the Agreement, the Board accepted as collateral Irrevocable Standby Letter of Credit #1181, dated April 9, 1991, issued by Pitkin County Bank & trust Company; and WHEREAS, by Resolution No. 92 -40 dated April 6, 1992, Subdivider applied for and was granted a partial release of Letter of Credit No. 1181 in the amount of $15,000.00, reducing the collateral to $14,290.00; and WHEREAS, by First Amendment to Subdivision, Improvement Agreement dated October 9, 1992, the completion date of said Agreement was extended to October 31, 1992; and WHEREAS, by Resolution No. 92 -155 dated November 9, 1992, Subdivider applied for and was granted an extension on the Agreement and the Letter of Credit until December 31, 1992; and WHEREAS, by Resolution No. 93 -211 dated December 21, 1993, Subdivider applied for and was granted an extension on the Agreement and the Letter of Credit until December 31, 1993; and 526084 B -630 P -25 01/14/94 11:19A PG 1 OF 5 RE DOC Sara J. Fisher Eagle County Clerk & Recorder ..1 WHEREAS, the Subdivider has requested an extension on the Subdivision Improvements Agreement to June 31, 1994, (Exhibit A) and the County agrees to said extension, for the mutual benefit to be derived by said extension; and WHEREAS, the Subdivider has provided an extension on the Letter of Credit #1181, issued by Pitkin County Bank & Trust, to June 31, 1994, (Exhibit B) and the County agrees to said extension. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, the Board hereby authorize. the extension of the Subdivision Improvements Agreement to 1, 1994. THAT, the Boa d hereby authorize the extension of Letter of Credit #1181 to Ju '* 1, 1994. MOVED, READ AND ZOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, this c day of December, 1993. ATTEST: Cdr COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS By: Clerk to the Board of County Commissioners r eorge . Gates, Chairman c ohnnette Phillips, Commis inner E. John , r. mmissioner 526084 B -630 P -25 01/14/94 11:19A PG 2 OF 5 Commissioner t . The � roll having �� , seconded adoption of the foregoing reso ution been called, the vote was as follows: Commissioner George A. Gates Commissioner Johnnette Phillips zk Commissioner James E. Johnson, Jr. _ tIq This Resolution passed by -L3 —Q vote of the Board of County Commissioners of the County of Eagle, State of Colorado. Attachments 91 -21 orchard3.res I 526084 B -630 P -25 01/14/94 11:19A PG 3 OF 5 Cz TfIE,B.S. MOSS ENTERPRISES INC. 225 NORTH MILL STREET / ASPEN, CO 81611 / (303) 925-4550 / FAX: (303) 925-7503 December 'g, 1993 Eagle - County Board of Commissioners 500- Broadway P.O. Box 850 Eagle, CO - 81631 REF: Old Orchard Subdivision Your File No. 91 Dear Sirs: This is a request for an extension of six months to June 30, 1 for the Subdivision - Improvements Agreement between Mid-Valley Development and the Eagles County Board, of Commissiorw dated April 9, 1991 for thG Old Orchard SubdrVeion. Thank you. Sincerely, Charles B. Moss,-Jr. Mid-Valley Development 526084 B-630 P-25 01/14/94 11:19A PG 4 OF 5 � " T eav A Fi CRITERION r'l a e 0 NFALWAymn jL irmomm NEW YORK ASPEN ROARING FORK VALLEY s December 9, 1993 BENEFICIARY: Board of County Commissioners County of Eagle State of Colorado 500 Broadway P.O. Box 850 Eagle, CO 81631 RE: AMENDMENT NO. 5 TO IRREVOCABLE LETTER OF CREDIT #1181 To Whom It May Concern: The following is an amendment to our Irrevocable Standby Letter of Credit Number 1181 for the account of Mid - Valley Development Co. (Old Orchard Plaza Subdivision file No. 91 -21): 1.) The maturity date is hereby extended to June 30, 1994. All other terms and conditions remain unchanged. Sincerely, PITRIN COUNTY B & " UST C r ANY/ Thomas W. Grif ' it h� Executive Vice Ries ' dent -' /cb 526084 B -630 P -25 01/14/94 11:19A PG 5 OF 5 534 E. HYMAN AVE. • POST OFFICE BOX 3677 • ASPEN, COLORADO 81612 • PHONE 303/925 -6700