HomeMy WebLinkAboutR89-114 appointing draw on letter of credit for ColorowCommissioner (5 moved adoption
of the following Resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 89 - 0 �
APPOINTING ATTORNEYS -IN -FACT TO DRAW ON
LETTER OF CREDIT
WHEREAS, pursuant to §30 -28 -137, C.R.S., the Board of County
Commissioners of the County of Eagle, State of Colorado ( "the
Board "), did, on or about April 18, 1988, enter into a Subdivision
Improvements Agreement ( "Agreement ") with Harlan A. Eckhardt;
Robert Barker and Karin Barker; Carl Berman and Ann Berman; Peter
Schlessinger; Philip R. Conners; Leslie S. Shapiro and Maureen
Shapiro; Marlan E. Gamber and Victoria A. Gamber; Steven Roosa;
Vail National Bank; Gerald Rea; and Howard E. Katzman and Shirley
Katzman ( "Subdividers ") as a condition for final plat approval for
Colorow Subdivision; and
WHEREAS, in order to guarantee the faithful completion of
certain public improvements required under the Agreement, the
Subdividers agreed to provide the Board with an Irrevocable Letter
of Credit or to deposit a cash sum with the County, as required by
the terms of said Agreement; and
WHEREAS, the Irrevocable Letter of Credit No. 640 issued by
Professional Savings Bank of Miami, Florida, as collateral for the
Agreement, for the benefit of Howard E. Katzman and Shirley
Katzman, is due to expire October 31, 1989.
NOW, THEREFORE, $E IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO:
1. That Eagle County,, in order to assure the completion of
the improvements required by the Agreement, shall draw upon said
Letter of Credit No. 640 in its full amount. of $4,523.55, unless
Mr. and Mrs. Katzman provide the Board with a new Letter of Credit
by October 27, 1989.
2. That Kevin Lindahl, Eagle County Attorney; and Thomas
Bigler, Assistant Eagle County Attorney; are hereby appointed
attorneys -in -fact for the purpose of drawing on Letter of Credit
No. 47; and each is authorized to make, do and perform all acts and
things as set forth in the form attached hereto as Exhibit A.
3. That the Board finds, determines and declares that this
Resolution is necessary for the public health, safety and welfare
of the citizens of the County of Eagle, State of Colorado.
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 October, 1989.
COUNTY OF EAGLE, STATE OF
COLORADO, By and Through Its
BOARD OF COUNTY COMMISSIONERS
By: 744 10 6j-7—
Richard L. Gustafson, Chairman
Donald . Welch, Commissioner/
Chairman Pro Tem
George A. Gates, Commissioner
Commissioner w-2/a seconded adoption of
the foregoing resolution. The roll having been called, the vote
was as follows:
Commissioner
George A.
Gates
Commissioner
Donald H.
Welch
Commissioner
Richard L.
Gustafson
44;�
This Resolution passed by � vote of the Board of County
Commissioners of the County of Eagle, State of Colorado.
File 87 -148
-2-
County Commissioners
POWER OF ATTORNEY
i
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 Kevin
Lindahl and Thomas Bigler, of the County of Eagle, State of Colorado, has made,
constituted and appointed, and by these presents does make, constitute and appoint the
said Kevin Lindahl and /or Thomas Bigler 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 the
(revocable Letter of Credit No. 640 dated October 31, 1989, issued by Professional
Savings Bank, Miami, Florida, for the full value of $4,523.55. Said attorneys, or
either of them, may 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 full 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 attorneys or
their 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 October, 1989. '
ATTEST:
COUNTY OF EAGLE, STATE OF
COLORADO, By and Through Its
BOARD OF COUNTY COMMISSIONERS
By: xxxxx
Clerk to the Board of
County Commissioners
(Affix Seal)
STATE OF COLORADO
County of Eagle
I, , Notary Public in and for said Eagle County, in the State
of Colorado, do hereby certify that Donald H. Welch and Johnnette Phillips, Chaimran Pro
Tent and Clerk respectively of the Board of County Commissioners of the 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
acknowledges t' •t they signed, sealed and delivered the said instrument of writing as their
free and volun act and deed, for the uses and purposes therein set forth.
B xxxxx
Donald H. Welch, Chaimmn
Pm Tern
ss
Given und,. my hand and notary seal, this day of October, 1989
My commission expires
xxxxx
Notary Public
EXHIBITA
