HomeMy WebLinkAboutR89-067 draw on collateral for Ladybelle View Subdivision"j
Commissioner VQCA CJA moved adoption
of the following Resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 89- (p
AUTHORIZING THE DRAWING OF COLLATERAL FOR
LADYBELLE VIEW SUBDIVISION, AND APPOINTING
ATTORNEYS IN FACT RELATIVE THERETO
WHEREAS, on or about October 12, 1987, the Board of County
Commissioners of the County of Eagle, State of Colorado
(hereinafter "the Board "), entered into a Subdivision Improvements
Agreement with James L. (Roy) Mosher (hereinafter "Subdivider ")
relative to the LadyBelle View Subdivision; and
WHEREAS, pursuant to the terms of said Subdivision
Improvements Agreement, collateral was provided to the Board by the
Subdivider to guarantee faithful completion of certain off -site
road improvements, said collateral provided in the form of a Letter
of Credit in the amount of $25,000.00; and
WHEREAS, on or about February 14, 1989, the Board and
Subdivider amended the Subdivision Improvements Agreement to extend
the date for completion of the public improvements to and including
June 20, 1989; and
WHEREAS, in accordance with the extension the Letter of Credit
was extended by Alpine Bank of Eagle to expire on July 1, 1989;
and
WHEREAS, the Subdivider was given formal notice of the
imminent expiration of Letter of Credit No. 27 by a letter dated
May 30, 1989, from the Eagle Count, Attorney; and
WHEREAS, the Board finds, determines and declares that it is
in the best interest of the County of Eagle that said Letter of
Credit be drawn upon and the funds be used for the purposes
specified in the Subdivision Improvements Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO:
THAT, the Chairman of the Board is authorized to sign a draft
for the purpose of drawing upon the aforementioned Irrevocable
Letter of Credit No. 27 in the amount of $25,000.00.
THAT, Kevin Lindahl, Acting Eagle County Attorney, and /or
Thomas Bigler, Assistant Eagle County Attorney, are each 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,
to perform all acts and execute any an all documents reasonably
incidental to drawing upon the subject Letter of Credit.
THAT, the Chairman of the Board is authorized to execute
Powers 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 �o�f Eagle, Sta of Colorado, at its regular meeting
held the tl day of iLc �ti2 19?9.
COUNTY OF EAGLE, STATE OF
COLORADO and Through Its
BOARD COUNT COMMISSIONERS
B
Ric ar Gk to s�
Chairm /
Q �� U
Dona H, Welch
Commissioner
Geo e A.' G ry
Commissioner
Commissioner (10-7--e-t5 seconded adoption of
the foregoing resolution. The roll having been called, the vote
was as follows:
Commissioner Richard L. Gustafson �=
Commissioner Donald H. Welch 44Z'---
Commissioner George A. Gates —"��
This Resolution passed by U"A)J /lw o vote of the Board of
County Commissioners of the County of Eagle, State of Colorado.
POWER OF ATTORNEY
KNOW ALL ME BY THESE PRESENTS: That the County of Eagle,
State of Colorado, a body politic and corporate, reposing special
trust and confidence in Kevin Lindahl and Thomas Bigler, of the
County of Eagle, State of Colorado, has made, constituted and
appointed, and by these presents do make, coils titute.and appoint
the said Kevin Lindahl and Thomas Bigler, the true and lawful
attorneys 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. 27, dated February 1, 1989 of Alpine Bank, Eagle,
Colorado in the amount of U.S. $25,000.00 and to execute, make
endorse, and accept any documents necessary to accomplish the
foregoing purpose.
Hereby giving and granting unto Kevin Lindahl and Thomas
Bigler, 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 an attested by its Clerk, all being
done in the Town of _e,,�,� State of Colorado, on this
day of _ Qlv "`77ii� , 1989:
vv uu�.y l.�nuu11bb 1V11CL5
(Affix Seal)
STATE; OF COLORADO 1
) ss
Ccmnty of Eagle. )
In
COUNTY OF EAGLE, ST(iTE OF
COLORADO.-By and Through Its
BOARD/,OF COUNTY COMMISSIONERS
Chairma
Address P.O. Bc
Eagle, CO 81631
Telephone: (303)
8 -7311
I , _I ' ICJ rU I V�JI , Notary Public in and' for said Eagle
County, in the 81tate aforesaid, do hereby certify that Richard L.
Gustafson, Chairman of the Board of County Commissioners of the
County of Eagle, State of Colorado, and Johnnette Phillips, 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 within the 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 d b+' _ day of
ZZ urtP_ , 1989. —
My commission expires _ q f (11 qa.
VVJ _
Notary Pub is
P k
