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HomeMy WebLinkAboutR95-116 Draw on Summit ViewCommissioner _ moved adoption of the following Resolu ion: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 95 - RESOLUTION CONFERRING POWER OF ATTORNEY UPON JAMES R. FRITZE, COUNTY ATTORNEY, MARY JOAN BERENATO, DEPUTY COUNTY ATTORNEY, ROBERT W. LOEFFLER, ASSISTANT COUNTY ATTORNEY AND MAUREEN AMUNDSON,,PARALEGAL TO ACT AS ATTORNEY IN FACT FOR THE COUNTY OF EAGLE, STATE OF COLORADO, WITH RESPECT TO ASSIGNMENT OF CERTIFICATE OF DEPOSIT NO. 9103Q2 IN THE AMOUNT OF $12,000.00 FOR THE ACCOUNT OF SUMMIT VIEW, INC. ISSUED BY PITKIN COUNTY BANK & TRUST WHEREAS, on or about October 1, 1990, pursuant to Section 30- 28 -137, C.R.S., the Board of County Commissioners of the County of Eagle, State of Colorado ( "Board ") entered into a Subdivision Improvements Agreement ( "Agreement ") with Summit View, Inc. ( "Subdivider ") as a condition of final plat approval of Aspen Mountain View, The Summit and Oakridge III; and WHEREAS, by Resolution No. 94 -117 an additional one year warranty period to expire on August 15, 1995 was granted for on -site improvements; and WHEREAS, the warranty period for off -site improvements expired on August 20, 1995; and WHEREAS, by Resolution No. 94 -162 a reduction in collateral to $5, 000 for the one -year warranty period for on -site improvements and $8,172.00 as collateral for the remianing one year warranty period for off -site improvements, for a total of $13,172.00 was granted; WHEREAS., by Resolution No. 94 -162 Letter of Credit No. 4 was released in full and Certificate of Deposit No. 910302 in the amount of $12,000.00 already held by the County was accepted as collateral for the warranty period WHEREAS, said Certificate of Deposit in the amount of $12,000 will expire on September 12, 1995; and WHEREAS, the Board finds, determines and declares that it is in the best interest of the County that it draw upon the collateral in the amount of $12,000.00; and WHEREAS, no such extension to said Certificate of Deposit has been received by the Board as yet, and the Board deems it to be in the best interests of the County of Eagle that the subject Certificate of Deposit be drawn upon prior to its expiration. NOW,. THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, James R. Fritze, County Attorney, Mary Joan Berenato, Deputy County Attorney, Robert W. Loeffler, Assistant County Attorney, and Maureen Amundson, Paralegal, are authorized to execute any and all documents necessary to draw upon said Certificate of Deposit in the amount of $12,000.00 issued by Pitkin County Bank & Trust. THAT, James R. Fritze, County Attorney, Mary Joan.Berenato, Deputy County Attorney, Robert W. Loeffler, Assistant County Attorney and Maureen Amundson, Paralegal, are hereby granted power of attorney to act as attorney in fact for the County of Eagle, State of Colorado, and its Board of County Commissioners, with regard to any and all actions that may be necessary to draw upon Certificate of Deposit No. 910302 in the amount of $12, 000.00 issued by Pitkin County Bank & Trust. THAT, the Chairman of the Board is authorized to execute a Power of Attorney for the purposes contemplated herein in the form attached to this Resolution as Exhibit A and made a part hereof by this reference. MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the &a day of 1995. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its ATTEST: i`' "� BOARD OF COUNTY COMMISSIONERS Clerk to the"Board of County Commissioners Commissioner 4Throd v�p��._ _ seconded adoption of the foregoing resolution. having been called, the vote was as follows: Commissioner James E. Johnson, Jr. Commissioner George A. Gates Commissioner Johnnette Phillips This Resolution passed by oI _ © vote of the Board of County Commissioners of the County of Eagle, State of Colorado. POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the County of Eagle, State of Colorado, a body politic and corporate, reposing special trust and confidence in James R. Fritze, Mary Joan Berenato, Robert W. Loeffler and Maureen Amundson, of the County of Eagle, State of Colorado, has made, constituted and appointed, and by these presents does make, constitute and appoint the said James R. Fritze and /or Mary Joan Berenato and /or Robert W. Loeffler and /or Maureen Amundson, and each of them, the true and lawful attorney for the County of Eagle; and in its name, place and stead, for its sole use and benefit, to draw upon Certificate of Deposit No. 910302 in the amount of $12,000.00 issued by Pitkin County Bank & Trust, and to execute, make, endorse, and accept any documents necessary to accomplish the foregoing purpose. Hereby giving and granting unto James R. Fritze, and /or Mary Joan Berenato, and /or Robert W. Loeffler, and /or Maureen Amundson, said attorneys, full power and authority to do and perform all and every act and thing whatsoever requisite and necessary to be done in and about the premises, as fully to all intents and purposes as it might or could do if personally present, with full power of substitution and revocation, hereby ratifying and confirming all that its said attorney or his substitutes shall lawfully do or cause to be done by virtue hereof. IN WITNESS WHEREOF, the County of Eagle has caused its name to be signed by its Chairman of the Board of County Commissioners, and its seal to be affixed and attested by its Clerk, all being done in th Town of Eagle, and State of Colorado, on this /(.. day of V 1 SAG r�40 `� COUNTY OF EAGLE, STATE OF v� y COLORADO, By and Through Its ATTEST: BOARD OF COUNTY COMMISSIONERS aR ,D By : _ C'T erk of the Board of es E. son, County Commissioners hairman STATE OF COLORADO ) ss County of Eag e ) Le- Notary Public in and for said Eagle County, i the S, to aforesaid, do hereby certify that James E. Johnson, Jr., Cha`rman of the Board of County Commissioners of the County of Eagle, State of Colorado, and Sara J. Fisher, County Clerk and Clerk to the Board of County Commissioners, County of Eagle, State of Colorado, personally known to me to be the persons whose names are subscribed to the within Power of Attorney, appeared before me this day in person and acknowledged that they signed, sealed and delivered the said instrument of writing as their free and voluntary act and deed, for the uses and purposes therein set forth. G'ven under my hand and notary seal, this day of 1995 . My commission expires � /,/ ��•. , Notar Publ' If r \summit.drw