HomeMy WebLinkAbout20071709.tiff RESOLUTION
RE: ACTION OF THE BOARD CONCERNING SECOND AMENDED AGREEMENT FOR
IMPROVEMENTS TO COUNTY ROAD 40.5, AND AUTHORIZE LEGAL ACTION BY
COUNTY ATTORNEY TO COLLECT COSTS OF IMPROVEMENTS TO COUNTY
ROAD 40.5 FROM HOSKINS CONSTRUCTION, INC., C/O DAVID HOSKINS
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, on March 13, 2002, by Resolution #2002-0618, the Board of County
Commissioners approved an Agreement for Improvements for County Road 40.5, in conjunction
with Dove Haven Planned Unit Development Final Plan,S#625,for Hoskins Construction, Inc.,do
David Hoskins, 1511 County Road 40.5, Berthoud, Colorado 80513, now of 698 Crawford Circle,
Longmont, Colorado 80501-5208, and
WHEREAS, on May 19, 2003, by Resolution #2003-1255, the Board of County
Commissioners approved an Amendment to the previous Agreement, in conjunction with the
Improvements to County Road 40.5,which amendment required the posting of collateral which was
presented as Irrevocable Letter of Credit#34541461-167, which was replaced with Irrevocable
Letter of Credit#34541461-168-1,drawn on the Premier Members Federal Credit Union,from the
account of David G.and Deann Hoskins/Hoskins Construction, Inc.,in the amount of$70,000.00,
and
WHEREAS, on July 20, 2005, by Resolution #2005-2091, the Board of County
Commissioners approved the release of said collateral, and
WHEREAS, Weld County has completed the improvements to County Road 40.5, and
WHEREAS, at this time,the obligation to pay for the Improvements to County Road 40.5,
in the amount of$70,000.00 is due and remains unpaid, and
WHEREAS,the Obligor under the previous agreement and amended agreement, Hoskins
Development, Inc.,c/o David Hoskins,has failed to honor the obligation,and failed to appear at the
scheduled meeting of June 20,2007, although invited to do so, to discuss this obligation and to
execute a Second Amended Agreement for Improvements to County Road 40.5, and
WHEREAS, after review, the Board deems it advisable to refer the matter to the County
Attorney's office to file suit for the collection of the $70,000.00.
NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado,that the County Attorney's Office is authorized to bring legal action to collect the
$70,000.00 owed by Hoskins Construction, Inc., c/o David Hoskins, to Weld County.
2007-1709
nG r PL1568
67-(b--07
RE: SECOND AMENDED AGREEMENT FOR IMPROVEMENTS TO CR 40.5,AND AUTHORIZE
LEGAL ACTION BY COUNTY ATTORNEY TO COLLECT COSTS OF IMPROVEMENTS TO
CR 40.5 FROM HOSKINS CONSTRUCTION, INC., C/O DAVID HOSKINS
PAGE 2
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 18th day of June, A.D., 2007.
BOARD OF COUNTY COMMISSIONERS
WE COUNTY, COLORADO
ATTEST: ij.)te,/,.�
""""� vid}E. Long, Chair
Weld County Clerk to the oh r
• Iliam H.?: rem
BY: Deputy CI to the Boarl ' 1rda\k f AP D AS TO F N,Q,
Robert D. Malden
ounty Attor ey • ,"adoc 7c,,,ii• «.,,,k‘k,—
Dougla Rademach
Date of signature: 7- 7-07
2007-1709
PL1568
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