Loading...
HomeMy WebLinkAboutR08-094 Kurt R. Davis Release Letter of CreditCommissioner ~~~'C-U u ~ of the following Resolution: BOARD OF COUNTY COA'IlVIISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION N0.2008-d t~ FOR RELEASE OF LETTER OF CREDIT N0.867-9576 FOR ROAD CUT PERMIT NO. 3547 KURT R. DAVIS WHEREAS, on or about August 11, 2006, the Board of County Commissioners of the County of Eagle, State of Colorado ("Board") granted Road Cut Permit No. 3547 to Kurt R. Davis (Subdivider); and WHEREAS, the Subdivider provided collateral in the form of Letter of Credit No. 867- 9576 issued by First Bank of Vail in the amount of $2,000.00 to guarantee the faithful completion of the construction project; and WHEREAS, both the Subdivider and the Engineering Department state that the work required under the Road Cut Permit is satisfactory and the Engineering Department recommends full release of the collateral (Exhibit "A"); and WHEREAS, the release of Letter of Credit No. 867-9576 requires termination by written Resolution of the Board of County Commissioners. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: moved adoption THAT, the Board hereby authorizes the full and final release of the collateral and Letter of Credit No. 867-9576 be terminated and that the same be returned to the Subdivider. MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the ~ day of August, 2008. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS Peter F. Runyon ~--c, S 1~-K,,z Commissioner having been called, the vote was as follows: Commissioner Runyon Commissioner Fisher Commissioner Menconi ~1-~-~ I 4 h '+ This Resolution passed by ~ ( Q sinners of the County of Eagle, State of Colorado. Chairman ~- By: ` Sara J. Fisher C ' sinner - ~,~~~~l~np , ,~.~..~..~ By enconi Commissioner seconded adoption of the foregoing resolution. The roll vote of the Board of County Commis- G:\NRw\RESOLUTIONS - POA - LOC\FORMS Final release of collateral\ASSIGNMENT RELEASE of certificate of deposit.DOC County Com ~g _ MEMORANDUM EAGLE COUNTY ENGINEERING TO: Nancy Wright, Attorney's Office FROM: Mike Gruber, Engineering ~ l~~~j DATE: August I, 2008 RE: Collateral Release, ls` Bank of Vail, Letter of Credit No. 867-9576 In the amount of $2,000.00 Construction in the Public Way Permit No. 3547 Kurt R. Davis Inspection was made July 31, 2008 of the work performed under Construction in the Public Way Permit #3547, Eagle Drive for 65 Daisy Lane, Eagle-Vail Subdivision, CO. The work is satisfactory and has successfully completed the two year warranty period under the requirements of the permit. Release of the Letter of Credit as collateral is recommended. # # # ~~'B OF VAIL Board of County Commissioners Eagle County P O Box 850 Eagle, CO 81631 To Whem I~ May Concern: 17 VAIL ROAD VAIL, COLORADO 81657 970-476-5686 DATE August 11, 2006 AMOUNT $2,000.00 U5D NUMBER 867-9576 EXP. DATE August 11, 2008 We hereby open our Irrevocable Letter of Credit in your favor, available by draft at sight drawn on FirstBank of Vail for any sum or sums not exceeding in total the sum of $2000.00. For the account of: Kurt R Davis Y U BOX 94tS Vail CO 81658 For the purpose of guaranteeing construction of permitted work at the following location: 65 Daisy Lane, Avon Colorado in conformance with Eagle County's regulations for Construction Within the Public Way of Eagle County, and any special conditions of the permit. Each draft shall be endorsed on the reverse side of this Letter of Credit, and must bear upon its face the clause, "Drawn Under Letter of Credit No. 867-9576 dated August 11, 2006, of FirstBank of Vail." Each draft must be accompanied by a resolution of the Board of County Commissioners of Eagle County certifying 1) that there has been a default under the permit; and 2) that a sum certain is required to remedy the default. FirstBank of Vail represents and warrants to Eagle County that it has the full authority and power to issue this Letter of Credit, in the total amount and for the period of time stated herein; said authority being pursuant to the laws of the United States, or the State or Territory which governs the establishment and regulation of FirstBank of Vail charter, by-laws, and other applicable rules and regulations adopted pursuant thereto. Should it be necessary for Eagle County to file suit in an effort to enforce this Irrevocable Letter of Credit, FirstBank of Vail hereby waives all venue rights and submits to the jurisdiction of the District Court in and for the County of Eagle, State of Colorado. We hereby agree that drafts drawn under and in compliance with the terms of this Letter of Credit will be duly honored if presented to FirstBank of Vail on or before August 11, 2008. Sincerely, Adina D. Dean Senior Vice President FirstBank of Vail