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HomeMy WebLinkAboutR99-181 draw on warner development homestead #2Commissione i _ moved adoption of the followi esolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 99- RESOLUTION CONFERRING POWER OF ATTORNEY UPON JAMES R. FRITZE, COUNTY ATTORNEY, ROBERT W. LOEFFLER, DEPUTY COUNTY ATTORNEY, RENEE ALLEE BLACK, ASSISTANT COUNTY ATTORNEY TO ACT AS ATTORNEY IN FACT FOR THE COUNTY OF EAGLE, STATE OF COLORADO, WITH RESPECT TO LETTER OF CREDIT NO. 9561471 IN THE AMOUNT OF $197,841.43 FOR THE ACCOUNT OF WARNER DEVELOPMENT, INC. DRAWN ON 1ST BANK OF AVON- for Homestead Filing 2 WHEREAS, on or about April 30, 1996, 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 Warner Development, Inc. ( "Subdivider "), as a condition of final plat approval for Homestead Filing 2; and WHEREAS, the Subdivider provided collateral in the form of a Letter of Credit further identified in the title hereof to guarantee the faithful completion of the public improvements; and WHEREAS, said Letter of Credit in the amount of $197,841.43 will expire on November 4, 1999; and WHEREAS, the Board finds, determines and declares that there has been a default under the SIA and that a sum certain of $197,841.43 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, are authorized to execute any and all documents necessary to draw upon irrevocable Letter of Credit No. 9561471 in the amount of $197,841.43 issued by 1st Bank of Avon. THAT, James R. Fritze, County Attorney, Robert W. Loeffler, Deputy County Attorney, Renee Allee Black, Assistant County Attorney 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. 9561471 in the amount of $197,841.43. 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 Co ssioners of the County of Eagle, State of Colorado, at its regular meeting held the day of November, 1999. � COUNTY OF EAGLE, STATE OF �.` COLORADO, By and Through Its ATTEST:_ BOARD OF COUNTY COMMISSIONERS �� &ai - y: ) =tte Jerk to the Board of o Phillips County Commissioners Can I;V-e- �� Tom C. Stone � 3 Commissioncec� seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Johnnette Phillips Commissioner Tom C. Stone Commissioner James E. Johnson, Jr. This Resolution passed by)/ o of the Board of County Commissioners of the County of Eagle, State of Colorado. File No. 94 -190