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TC Res. No. 1983-02RESOLUTION NO--#83-2 DACE SERIES OF 1983 °~O MNE`{TE PHILLIPS r EAGLE cTY. RECORDER WHEREAS, the Town of Avon has executed a SubdivisR& Omply+ T4-'ts~ j H Agreement dated July 10, 1979, with Wildridge Development Company which agreement provides for the Town of Avon to hold certain unsold parcels of land as collateral pending the completion of certain utilities and roads; and WHEREAS, pursuant to paragraph 3. of the Subdivision Improvements Agreement Wildridge Development Company has the right to substitute collateral by way of an assignment of the promissory note and Deed of Trust on a lot(s) sold to a bona fide purchaser; and 4,7--T WHEREAS, Wildridge Development Company did assign to the Town of Avon that certain- promissory note dated January 15, 1982; wherein Block 5, LTD., a limited partnership is Maker, payable to Wildridge Development Company and secured by a first Deed of Trust encumbering Lots 1 through 11, Block 5, Wildridge as recorded in Book 334 at Page 936, County of Eagle, State of Colorado; and WHEREAS, Wildridge Development is desirous of having the above described promissory note and Deed of Trust released in exchange for a first Deed of Trust on five (5) unsold parcels of land per Exhibit "A" attached hereto and incorporated herein by this reference; and WHEREAS, the Town Council of the Town of Avon is satisfied that the value of the substituted collateral per Exhibit "A" is sufficient to satisfy the purposes for which said collateral is being held. NOW, THEREFORE, be it resolved by the Town Council of the Town of Avon, Colorado: THAT, the Town Council of the Town of Avon accepts the substituted collateral described hereinbelow to satisfy the purposes for which said collateral is being held. BE IT FURTHER RESOLVED, that the remaining collateral. for said Subdivision Improvements Agreement referred to hereinabove shall be in the form of a promissory note in the principal amount of $310,000 secured by a first Deed of Trust encumbering Lot 35, Block 2 and Lots 64, 65, 66 and 68, Block 3, Wildridge Subdivision, as per recorded Replat #2 as recorded in Book 330 at Page 78, County of Eagle, State of Colorado, to collateralize the remaining construction costs as set out on attached Exhibit "A", both of said instruments attached hereto and incorporated herein by this reference. -1- ~ C°.ay .1s J 'A k' 0 1P BE IT FURTHER RESOLVED, that the Town of Avon accepts and agrees to perform all of the terms and conditions contained in said Deed of Trust including but not limited to the granting of partial releases thereunder; provided, however, in the event such partial releases shall reduce the collateral required to satisfy the terms of the subject Agreement, then in said event Wildridge Development Company shall, as a condition for the granting of said partial releases, provide substitute collateral satisfactory to the Town of Avon in an amount necessary to meet the then required amount, if any, of collateral to secure the Town of Avon pursuant to the terms of the Subdivision Improvements Agreement. BE IT FURTHER RESOLVED, that the Town of Avon reassign that certain promissory note and Deed of Trust as hereinabove described encumbering Lots 1 through 11, Block 5, Wildridge Subdivision as per the recorded Replat #2 thereof as recorded in Book 330 at Page 78, County of Eagle, State of Colorado. EXECUTED this 11th day of January, 1983. Patricia J. Do TOWN OF AVON, COLORADO Mayor Pro-Tem -2- OOLUTION,NO. SERIES OI 83 EXHIBIT "A" WILDRIDGE SUBDIVISION Calculation of Collateral for Town of Avon as of January 1, 1983 Estimated Balance to Complete as of 1-01-83 Roads, Drainage and Revegetation and.Guardrail $283,000 Sewer Electrical Engineering, Staking and Platting 27,000 Telephone Balance to be Collateralized $310,000 (A) Average Sales price for 306 lots sold in Blocks 1-5 68,352 _(B) Approximate Number of Lots Needed by Town (A) - (B) 5 Collateral Presently Held & Requested Change Promissory note'and Deed of Trust dated 1-15-82 from Block_5. LTD., payable to the order of Wildridge Development.Company, a Partnership and assigned to the•Town of Avon $1,434,375 Less reassignment of the above,described promissory note and Deed of Trust dated 1-15-82 from Block 5, LTD. (1,434,375 ) Substitute collateral - 5 lots,in,,Wildridge . Subdivision with an average-:sales price of $68,352 each ($68,352,x 5):' $ •341,760