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@@Commissioner Ferdinandsen moved that the following Resolution be adopted:

BEFORE THE BOARD OF COUNTY COMMISSIONERS

OF THE COUNTY OF JEFFERSON

STATE OF COLORADO

RESOLUTION NO. CC92-290

RE: Performance guarantee for Bergen Creek Subdivision

(Lots 1-18) - Public Improvements

WHEREAS, the Board of County Commissioners did, on December 17, 1991, adopt a Resolution approving the Final Plat of Bergen Creek Subdivision, requiring as a condition thereof the execution of a Subdivision Improvements Agreement between the Subdivider and the County; and

WHEREAS, the Subdivision Improvements Agreement, dated February 4, 1992, requires the Subdivider to guarantee the completion of public improvements necessary to serve said Subdivision by means of a plat restriction placed on the face of the plat; and

WHEREAS, pursuant to said plat restriction, the Subdivider desires to obtain Certificates of Compliance for Lots 1-18 contained within said Subdivision and has submitted an Irrevocable Letter of Credit No. 220 dated March 16, 1992, from First Federal Savings Bank in the amount of $86,721.00 with an expiry date of March 16, 1993, together with an Exhibit "A" approved by the Department of Highways and Transportation; and

WHEREAS, the Jefferson County Department of Highways and Transportation has indicated by memo dated March 18, 1992, that $86,721.00 would be necessary for the completion of the public improvements necessary to serve Lots 1-18 within said Subdivision; and

WHEREAS, the County Attorney's Office has reviewed said new Letter of Credit No. 220 and has approved the same as to form.

NOW, THEREFORE, BE IT RESOLVED, that Irrevocable Letter of Credit No. 220 dated March 16, 1992, from First Federal Savings Bank in the amount of $86,721.00 with an expiry date of March 16, 1993, be and hereby is accepted to guarantee public improvements necessary to serve Lots 1-18 within the Bergen Creek Subdivision.

BE IT FURTHER RESOLVED that the Jefferson County Department of Highways and Transportation be and hereby is authorized to issue appropriate Certificates of Compliance upon receipt of necessary water tap issuance certificates.

BE IT FURTHER RESOLVED that said Letter of Credit No. 220 be deposited for safekeeping by the Director of Administrative Services.

Commissioner Stone seconded the adoption of the foregoing Resolution. The roll having been called, the vote was as follows:

Commissioner Rich Ferdinandsen AYE

Commissioner John P. Stone AYE

Commissioner Marjorie E. Clement, Chairman AYE

The Resolution was adopted by unanimous vote of the Board of County Commissioners of the County of Jefferson, State of Colorado.

Dated: March 23, 1992

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