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HomeMy WebLinkAboutR97-134 draw on Eby Creek Mesa Limited Partnershipaj Commissioner S moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 97- RESOLUTION CONFERRING POWER OF ATTORNEY UPON JAMES R. FRITZE, COUNTY ATTORNEY, ROBERT W. LOEFFLER, DEPUTY COUNTY ATTORNEY, RENEE ALLEE BLACK, 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.46 IN THE AMOUNT OF $84,637.80 FOR THE ACCOUNT OF EBY CREEK MESA LIMITED PARTNERSHIP DRAWN ON ALPINE BANK WHEREAS, on or about September 26, 1994, pursuant to C.R.S. 30 -28 -137, the County entered into a Subdivision Improvements Agreement (hereinafter "SIA ") with Eby Creek Mesa Limited Partnership as a condition of the County's final plat approval of Eby Creek Mesa Subdivision Phase IIB; and WHEREAS, Eby Creek Mesa Limited Partnership provided collateral in the form of an Irrevocable Letter of Credit No.46 in the amount of $84,637.80 to guarantee the faithful completion of the public improvements; and WHEREAS, said Letter of Credit will expire on October 11, 1997; and WHEREAS, the Board finds, determines and declares that there has been a default under the SIA and that a sum certain of $84,637.80 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, Robert W. Loeffler, Deputy County Attorney, Renee Allee Black, Assistant County Attorney and Maureen Amundson, Paralegal, are authorized to execute any and all documents necessary to draw upon irrevocable Letter of Credit No.46, in the amount of $84,637.80 issued by Alpine Bank. THAT, James R. Fritze, County Attorney, Robert W. Loeffler, Deputy County Attorney, Renee Allee Black, 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.46 in the amount of $84,637.80 issued by Alpine 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 day of October, 1997. fzr COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its ATTEST: £ BOARD OF COUNTY COMMISSIONERS to the Board of County Commissioners r ?icoman James E. Jo�psdh, Jr. Commissioner George AOrjates Commissioner Commissionreconded adoption of the foregoing resolution. The roll having been called, the vot was as follows: Commissioner Johnnette Phillips. Commissioner James E. Johnson, Jr. p Commissioner George A. Gates` This Resolution passed by j D vote of the Board of County Commissioners of the County of Eagle, State of Colorado. File No. 82 -248