ORDER NO. 31171 LETTER OF CREDIT #8014 FOR ROAD IN LASSO RANCI-I SUBDIVISION Came to be heard this the 26th day of January, 2009, with a motion made by Commissioner Letz, seconded by Commissioner Oehler, the Court unanimously approved by a vote of 4-0-0 to: Approve releasing the Letter of Credit #8014 for the road in Lasso Ranch Subdivision and accept the road for county maintenance, located in Precinct 3. 3/1~7i ~p COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORIGINAL AND ONE COPY OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. PLATS OR LARGE FORMATS PLEASE FURNISH 6 COPIES. MADE BY: LEONARD ODOM OFFICE: Road & Bridge MEETING DATE: JANUARY 26, 2009 TIME PREFERRED: 10:00 AM SUBJECT: (PLEASE BE SPECIFIC) Consider, discuss and take appropriate action to release the Letter of Credit #8014 for the road in Lasso Ranch Subdivision and accept the road for maintenance, Pct. 3. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: Leonard Odom ESTIMATED LENGTH OF PRESENTATION: 5 minutes IF PERSONNEL MATTER -NAME OF EMPLOYEE: Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapter 551 and 552, government Code, is a follows: Meeting scheduled for Mondays: 5:00 P.M. previous Tuesday THIS REQUEST RECEIVED BY: THIS REQUEST RECEIVED ON: All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been prepared for the Court's formal consideration and action at time of Court Meetings. Your cooperation will be appreciated and contribute towards your request being addressed at the earliest opportunity. See Agenda Request Rule Adopted by Commissioners' Court. ~~A~E ~F~ oo~Rty o~ ~ Kerr County Road & Bridge 4010 San Antonio Hwy Kerrville, Texas 78028 TO: COMMISSIONER'S COURT FROM: LEONARD ODOM DATE: JANUARY 26, 2009 RE: RELEASE OF LETTER OF CREDIT FOR LASSO RANCH SUBDIVISION AND ROAD MAINTENANCE ACCEPTANCE. THE ROAD IN LASSO RANCH SUBDIVISION HAS BEEN COMPLETED, INSPECTED AND APPROVED. THE ORIGINAL PLAN WAS FOR THE ROAD TO BE PRIVATELY MAINTAINED, BUT THE DEVELOPER DECIDED TO HAVE THE ROAD BE MAINTAINED BY KERB COUNTY. THERE IS ONE CATTLE GUARD ON THE PROPERTY THAT WOULD BE TAKEN OUT AT THE NEXT MAINTENANCE OF THE ROAD. AT THIS TIME WE ASK THE COURT TO RELEASE THE LASSO RANCH SUBDIVISION LETTER OF CREDIT #8014 FOR $72,000.00 AND ACCEPT THE ROAD FOR MAINTENANCE BY KERR COUNTY CONTINGENT ON $908.93 THE DEVELOPER OWES FOR WAYNE WELLS' ENGINEERING REVIEWS. Th CC MEMO LASSO LOC RELEASE.doc TO: Len Odom, Kerr County Subdivision Administrator FROM: L. Wayne Wells, P.E. '"` DATE: January 9, 2009 SUBJECT: Recommendation for Acceptance of Lasso Ranch Subdivision Road for Kerr County Maintenance I performed an end of the One Year Maintenance Period Final Inspection of the above referenced subdivision, with you on January 7, 2009. We checked the paving, R. O. W., culverts and signage. All items were satisfactory, except for two items. Two culvert delineators were not installed and drainage outside of the R. O. W. has silted somewhat. The Developer had stated that the brief rainfall we got Monday had delayed finishing installation of the delineators. At the time of our visit missing ones had been installedlreinstalled, except for the two noted. I checked today, prior to delivery of this memo and those two delineators have been installed. Additionally, I contacted the Developer and he stated that he had a crew that will go out and remove the silt accumulation outside of the R. O. W., that was noted above. Based on these Final Inspections and our periodic inspections during construction, I recommend that Kerr County release the maintenance security on the project. Additionally, I recommend that Kerr County Commissioners Court accept the road for maintenance by Kerr County. These recommendations are based on the final test reports being in your possession and payment of any fees owed by the Developer. If you have any questions or require further information regarding this matter, please contact me. _.~.__ , .._ Sincerely, , r. t ~:, t ~'-'~' L. Wayne Wells, P.E. Kerr County Contract Engineering Consultant e ~ ~ .~.~ P.O. Box 220.832 Front St. • Comfort, Texas 78013 • (830) 995-4488 • Fax (830) 995-4455 ,~ ~, ,~ --~:; 1 ;.. ,. ~Mrwp TO: COUNTY OF KERB FROM: SECURITY STATE BANK & TRUST 4010 SAN ANTONIO HWY P.O. BOX 220 KERRVILLE, TEXAS 78028 COMFORT, TEXAS 78013 LETTER OF CREDIT NO # 8014 Maintenance of Roads, Streets, and Alleyways In Lasso Ranch Subdivision A DEPOSIT ON BEHALF OF 210 Blanco Ranch Limited Partnership. This is an irrevocable letter of credit issued to the County of Kerr, Texas, at the request of Kerr County, in accordance with Chapter 5, V.T.C.A., Texas Business and Commerce Code. This Bank promises to pay to the order of the Kerr County, Texas, upon presentation of a sight draft, any amount not exceeding the cumulative total of $72,000.00 on or after December 27, 2007. This is not a notation credit, and Kerr County, Beneficiary shall be entitled to payment without the presentation of documents. In accordance with Section 5.106 of the Texas Business and Commerce Code, this letter of credit may be modified by the reduction of the total outstanding and unused amount of this credit, upon the execution and delivery to issuer of a sworn statement making demand by the Subdivision Administrator of Kerr County, or by anyone purporting to be his duly authorized agent, and presenting a document to that effect on Kerr County letterhead. This letter of credit shall expire on December 26, 2008. IN WITNESS WHEREOF, the Issuer has caused this letter to be signed and attested by its duly authorized officer(s) who has attached proof of this authorization to sign, and sealed with the Issuer, this the 14th day of December 2007. ISSUER: SECURITY STATE BANK & TRUST COMFORT, TEXAS 78013 BY: JEFFIGOLDMAl?,[, SR. VICE PRESIDENT Signature: Fredericksburg • Kerrville • Harper • Kingsland • Marble Falls • Boerne • Bulverde • Comfort • Paleface • Blanco • Dripping Springs MEMBER FDlC