HomeMy WebLinkAboutR94-123 draw on Eby Creek MesaJ
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Commissioner �,� moved adoption
of the following solution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 94 -
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. 806 -9050 IN THE AMOUNT OF
$620,438.00 FOR EBY CREEK MESA SUBDIVISION.
WHEREAS, on or about July 6, 1993, 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 Eby Creek Mesa Limited
Partnership (hereinafter "Subdivider ") as a condition of final plat
approval of Eby Creek Mesa Subdivision; and
WHEREAS, at the time the Agreement was signed it was
acknowledged between the County and Subdivider that the work
required for Eby Creek Mesa Subdivision Phase I was to be completed
in two phases, work to be completed in 1993 and work to be
completed in 1994; see the attached Exhibit "A "; and
WHEREAS, at the time of the Agreement the Subdivider provided
collateral in the form of 38 Subdivision Lots for which the County
has title, a performance bond and copies of all fully executed
contracts together with evidence of full payment of the required
contract amounts; and
WHEREAS, by Addendum "A" dated August 23, 1993, Subdivider
provided collateral in the form of Irrevocable Letter of Credit No.
8069050 issued by First Bank of Avon, in the amount of $620,438.00
to guarantee the faithful completion of the public improvements to
be completed in 1993, in lieu of the performance bond; and
WHEREAS, Letter of Credit No. 8069050 is set to expire on
August 20, 1994; no such extension to said Letter of Credit 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 Letter
of Credit be drawn upon prior to its expiration; and
NOW, THEREFORE, BE IT RESOLVED
COMMISSIONERS OF THE COUNTY OF EAGLE,
BY THE BOARD OF COUNTY
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 irrevocable
Letter of Credit.
THAT, James R. Fritze, County Attorney, Mary Joan Berenato,
Deputy County Attorney, Robert W. Loeffler, Assistant County
Attorney nd 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
said Letter of Credit.
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 B 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, this 1 6V�' day of
August, 1994.
COUNTY OF EAGLE, STATE OF
COLORADO, By and Through Its
ATTES 9 BOARD OF COUNTY COMMISSIONERS
By:
C erk to t e Board of ohnnette Phi ips, hairman
County Commissioners
James E. Johnson, Jr.
Commissioner
George Uates, Commissioner
Commissioner seconded adoption of the
foregoing resolution. The roll having been called, the vote was as
follows:
Commissioner Johnnette Phillips
Commissioner James E. Johnson, Jr.
Commissioner George A. Gates a-
This Resolution passed by 3 — O vote of the Board of
County Commissioners of the CoiTnty of Eagle, State of Colorado.
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EBY CREEK MESA SUBDIVISION
PHASE I
1 1. • • It •
a.
PHASE I PSAE L
1993 1994
Road Construction $254,
$158,345
Basb & asphalt paving .
Total
On Site - Mesa Drive, Juniper Lane
Pinion Lane
Road construction & 3" base
Sewer and water extensions.
Electric, telephone, CATV $365,656
extensions.
10" base & asphalt paving
$413,127
$244,969
;.. 1 c+.
TOTALS: $620,438
$403,314 1,023,752
Collateral shall also consist of signed contras
iltilltieS and evidence that those
contracts have been fully P. aid.
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. 806-
9050, dated August 20, 1993, issued by First Bank of Avon in the
amount of $620,438.00, and to execute, make, endorse, and accept
any documents necessary to accomplish the foregoing purpose.
Hereby giving and granting unto James R. Fritze, 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 the Town of Eagle, and State of Colorado, on this
�� day of August, 1994.
Exhibit "B"
I
STATE OF COLORADO )
ss
County of Eagle )
I, , Notary Public in and for said Eagle
County, in the State aforesaid, do hereby certify that Johnnette
Phillips, 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.
Given under my hand and notary seal, this day of August,
1994.
My commission expires
Notary Public
eby.poa
Exhibit "B"
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