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HomeMy WebLinkAboutR01-160 Draw on Fox Run Meadowsk. El C Commissioner ron - moved adoption of the following Resol ion: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2001 - 16 (D RESOLUTION CONFERRING POWER OF ATTORNEY UPON R. THOMAS MOORHEAD, COUNTY ATTORNEY; BRYAN R. TREU, ASSISTANT COUNTY ATTORNEY, DIANE H. MAURIELLO, DEPUTY COUNTY ATTORNEY AND BRUCE STRASINGER, PARALEGAL, TO ACT AS ATTORNEY IN FACT FOR THE COUNTY OF EAGLE, STATE OF COLORADO, WITH RESPECT TO AMENDED LETTER OF CREDIT NO.NVS372980 IN THE AMOUNT OF $63,387.00 FOR THE ACCOUNT OF FOX RUN MEADOWS, LLLC DRAWN ON WELLS FARGO BANK TO EXPIRE ON JANUARY 1, 2002 WHEREAS, pursuant to C.R.S. 30 -28 -137, the Board of County Commissioners of the County of Eagle, State of Colorado ( "Board ") entered into a Subdivision Improvements Agreement ("Agreement") with Fox Run Meadows Limited Liability Partnership, as a condition of final plat approval for Final Plat known as Fox Run Meadows, LLLC; and WHEREAS, the Subdivider provided collateral in the form of Amended Letter of Credit No. NVS372980 in the amount of $63,387.00 to guarantee the faithful completion of the public improvements; and WHEREAS, said Letter of Credit in the amount of $63,387.00 will expire on January 1, 2002; and WHEREAS, the Board finds, determines and declares that there has been a default under the Agreement and that a sum certain of $63,387.00 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, R. Thomas Moorhead, County Attorney; Bryan R. Treu, Assistant County Attorney; Diane H. Mauriello, Deputy County Attorney and Bruce Strasinger, Paralegal, are authorized to execute any and all documents necessary to draw upon said Letter of Credit. < C THAT, R. Thomas Moorhead, County Attorney; Bryan R. Treu, Assistant County Attorney; Diane H. Mauriello, Deputy County Attorney and Bruce Strasinger, 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 A and made a part hereof by this reference. MOVED, READ AND ADOPTED by the Board of County Commissioners of the Count of Eagle, State of Colorado, at its regular meeting held the /In County o f ono.,MptrA , 2001. follows: Commissioner Tom C. Stone Commissioner Michael L. Gallagher Commissioner Arn M. Menconi J - This Resolution passed by 3 `C) vote of the Board of County Commissioners of the County of Eagle, State of Colorado. � C 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 R. Thomas Moorhead, County Attorney, Bryan R. Treu, Assistant County Attorney, Diane H. Mauriello, Deputy County Attorney and Bruce Strasinger, Paralegal, of the County of Eagle, State of Colorado, has made, constituted and appointed, and by these presents does make, constitute and appoint the said R. Thomas Moorhead, Bryan R. Treu, Diane H. Mauriello and /or Bruce Strasinger 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 Letter of Credit No. NVS372980 in the amount of $63,387.00 issued by the Wells Fargo Bank to Fox Run Meadows, LLLC and to execute, make, endorse, and accept any documents necessary to accomplish the foregoing purpose. Hereby giving and granting unto R. Thomas Moorhead, and /or Bryan R. Treu, Diane H. Mauriello and /or Bruce Strasinger, 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 1 &A.-> day of �SJ.Q , 2001. ATTEST: COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS 0 By: J- `� � y: Clerk of the Board Tom C. Stone County Commissioner ° °t°R�ao° Chairman ® n STATE OF COLORADO ) ss County of Eagle ) I, Notary Public in and for said Eagle County, in the State aforesaid, do hereby certify that Tom C. Stone, 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 , 2001. My commission expires Notary Public