HomeMy WebLinkAboutR95-151 Draw on Mid Valley Development Co.Commissioner moved adoption
of the following Resolution:
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 LETTER OF CREDIT NO.
T- 239077 IN THE AMOUNT OF $22,174.25 FOR THE
ACCOUNT OF MID VALLEY DEVELOPMENT CO. DRAWN ON
CHEMICAL BANK
WHEREAS, on April 25, 1994, pursuant to C.R.S. 30 -28 -137, the
County entered into a Public and Off -Site Improvements Agreement
(hereinafter "SIA") recorded in Book 638 at Page 570 of the records
of the Eagle County Clerk and Recorder, with Mid - Valley Development
Co. and City Market, Inc. (hereinafter collectively known as
"Subdivider "), as a condition of the County's final plat approval
for Old Orchard Plaza II Subdivision; and
WHEREAS, the Subdivider provided collateral in the form of a
Letter of Credit further identified in the title hereof to
guarantee the faithful completion of the public improvements; and
WHEREAS, said Letter of Credit in the amount of $22,174.25
will expire on December 31, 1995; and
WHEREAS, the Board finds, determines and declares that there
has been a default under the SIA and that a sum certain of
$22,174.25 is required to remedy the default.
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 irrevocable
Letter of Credit T- 239077, in the amount of $22,174.25 issued by
Chemical Bank.
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
Letter of Credit No. T- 239077 in the amount of $22,174.25 issued by
Chemical Bank.
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 /8a_, day of ` o ,, j r t ,, 1995.
ATTEST: '° N
� FOR &aa
Cler to the /Board of
County Commissioners
COUNTY OF EAGLE, STATE OF
COLORADO, By and Through Its
BOARD OF COUNTY COMMISSIONERS
OJ46M 0
John tte Phillips, Cofnmissioner
Commissioner O c seconded adoption of the
foregoing resolution. The roll having been called, the vote was as
follows:
Commissioner James E. Johnson, Jr.
Commissioner George A. Gates
Commissioner Johnnette Phillips
This Resolution passed by vote of the Board of
County Commissioners of the County of Eagle, State of Colorado.
Georg . Gates, Commissioner
M
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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 Irrevocable Letter of Credit No. T 239077
in the amount of $22,174.25 for the account of Mid Valley
Development Co. issued by Chemical Bank, and to execute, make,
endorse, and accept any documents necessary to accomplish the
foregoing purpose..
Hereby giving and granting unto James R. Fritze, and /or Mary
Joan Berenato, and /or Robert W. Loeffler, and /or Maureen Amundson,
said attorneys, full power and authority to do and perform all and
every act and thing whatsoever requisite and necessary to be done
in and about the premises, as fully to all intents and purposes as
it might or could do if personally present, with full power of
substitution and revocation, hereby ratifying and confirming all
that its said attorney or his substitutes' shall lawfully do or
cause to be done by virtue hereof.
IN WITNESS WHEREOF, the County of Eagle has caused its name to
be signed by its Chairman of the Board of County Commissioners, and
its .seal to be affixed and attested by its Clerk, all being done in
thA Town of Eagle, and State of Colorado, on this /$, day of
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1995.
COUNTY OF EAGLE, 'STATE OF
COLORADO,.By and Through Its
ATTEST: BOARD OF COUNTY COMMISSIONERS
By : J /3,A^ S y
Clerk of the Board of mes E. Jo son,
County Commissioners Chairman
a
C
STATE OF COLORADO
ss
County of Eagle )
I, - Notary Public in and for said Eagle
Count in Yh6 Sta a aforesaid, do hereby certify that James E.
Johnson, Jr., Chairman 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.
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Given under my hand and, notary seal, this o2 - day of
1995.
My commission expire o2�l��d'.
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Notary ublic
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