jv~
ORDER
N0. 17774 COMPUTER PROPOSALS REFERRED TO BERNARD A. REGETS, A COMPUTER CONSULTANT, FOR
STUDY AND RECOMMENDATION, PURSUANT TO SEC. 262.030 (c) LOCAL GOVERNMENT CODE
On this the 7th day of March 1988, upon motion made by Commissioner Holland, seconded
by Commissioner Baldwin, it was unanimously approved by the Court that all proposals received
and opened, be referred to Bernard A. Regets, for study and recommendation, pursuant to Sec.
262.030 (c), Local Government Code.
o-o-o-o-o-o-o-o-o-o
RESOLUTION NO. 17775
ORDER CONCERNING DEVELOPERS DEFAULT AND
LETTER OF CREDIT ON FALL BRANCH ESTATES
On this the 7th day of March, 1988, upon motion made by Commissioner Baldwin, seconded
by Commissioner Lich, the Court approved and adopted by a unanimous vote the following resolu-
tion, to-wit:
1. That Kerr County is beneficiary of that one certain TRUST AGREEMEIQT IN LIEU OF
PERFORMANCE BOND dated April 8, 1985, between James A. Lammers as subdivider and Kerr County,
Texas; a copy of said Trust Agreement attached hereto as Exhibit "A" and hereby incorporated
herein for all intents and purposes as if copied herein verbatim.
2. That Kerr County is beneficiary of that one certain Irrevocable of Credit No. 8030,
dated April 8, 1985 in the amount of $30,000.00 with an expiration date of April 8, 1988,
from National Bank of Commerce of Kerrville, Texas, now known as NBC Bank - Kerrville,
national association, said Irrevocable Letter of Credit attached to the Trust Agreement as
Exhibit "A", and attached hereto as a part of Exhibit "A" herein, said Irrevocable Letter of
Credit hereby incorporated herein for all intents and purposes as if copied verbatim.
3. That both the Trust Agreement in Lieu of Performance Bond and the Irrevocable Letter
of Credit were given in favor of Kerr County, Texas for the purpose of providing payment for
the construction of improvements on the property described in Exhibit "B" attached to the
Trust Agreement in Lieu of Performance Bond, and attached hereto as a part of Exhibit "A"
herein, and hereby incorporated herein for all intents and purposes as if copied herein
verbatim.
4. That the subdivider has given written notice to Kerr County that he is not financial-
ly able to complete the improvements and has requested that Kerr County exercise its rights
under the Irrevocable Letter of Credit, as follows:
CTY-RES/MISC.
88-4/GEK/sgp,
3/2/88
-1-
CPY-RES/
MISC. 88-4/Gc-'K/
sgp/3/2/88
a. Letter dated March 28, 1987, attached hereto as Exhibit "B", said Exhibit "B" hereby
incorporated herein for all intents and purposes as if copied herein verbatim.
b. Affidavit dated July 23, 1987, recorded at Volume 438, Page 445, Real Property
Records of Kerr County, Texas, a copy of same attached hereto as Exhibit "C", said Exhibit
"C" hereby incorporated herein for all intents and purposes as if copied herein verbatim.
5. That in accordance with the Trust Agreement in Lieu of Performance Bond, the Kerr
County Commissioners Court hereby declares that the site improvements have not been completed
! as required by applicable subdivision regulations. '~
6. That in accordance with the Irrevocable Letter of Credit, the Kerr County Commis-
', sioners hereby state that the subdivider has failed to provide site improvements.
7. That in accordance with the Irrevocable Letter of Credit, the Kerr County Commis-
sioners hereby state that the following actual expenses have been incurred by Kerr County in _------------