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HomeMy WebLinkAboutRES 2023-044BOARD OF COUNTY COMMISSIONERS COUNTY OF KITTITAS STATE OF WASHINCTON RESOLUl'ION No. ,9 oA b'a+Ll AUTHORIZING THE ASSIGNMENT OF SUNCADIA RESORT DEVELOPMENT AGREEMENT ENTITLNMENTS TO CIBC BANK WHEREAS; The Board of County Commissioners authorized the transfer of New Suncadia development agreement entitlements to suncadia Resort with Resolution 202 l- 100; and WHEREAS:Real capital solutions working with Lowe Enterprises does now request authority to assign suncadia Resort development entitlements to clBC Bank securing a line of credit for land use development in Suncadia Resort; and WHEREAS: The Board of County Commissioners have been duly briefed on the matter by Public Works staff and staffsupport the assignment action. NOW' THEREFORE BE IT RESOLVED: The Board of County Commissioners, after due consideration, does hereby authorize the assignment of Suncadia Resort development agreement entitlements to CIBC Bank as requested by Real Capital Solutions. DATED this 7th day of March2A23,at Ellensburg, Washington. tlltlllt BOARD OF COUNTY COMMISSIONERS , WASHINGTON Wrigh! Chairman Julie Kiorsvik sm Vice-Chairman n Deputy Clerk of the Board- Mandy Buchholz Commissioner CONSENT TO ASSIGNMENT OF RIGHTS WITH R.ESPECT TO DEVELOPMENT AGREEMENT The County hereby consents to the foregoing Assignment by Borrower of the Development Agreement. The County agrees that if Lender gives written notice to the County that an "Event of Default" has occurred under the Loan Agreement, then Lender will have the right, at Lender's option, to assume Borrower's rights and obligations under the Development Agreement. If Lender elects to exercise its rights under the Assignment with respect to the Development Agreement, then the County will perform its duties and obligations under the Development Agreement for the Lender, provided that Lender agrees to perform Borrower's obligations under the Development Agreement. Dated as of r 2023 COUNTY: KITTITAS COUNTY BOARD OF As authorized by Resolution No. J 0 3 3'Ot/ tf Approved As To Form: By: Deputy Prosecuting Attomey Consent to Assignment of Rights with Respect to Development Agreement