HomeMy WebLinkAboutR99-012 Draw on Eby Creek MesaCommissioner moved adoption
of the following 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; AND KATHY
WALTER, PARALEGAL, TO ACT AS ATTORNEY IN FACT
FOR THE COUNTY OF EAGLE, STATE OF COLORADO,
WITH RESPECT TO LETTER OF CREDIT NO. 50 IN THE
AMOUNT OF $60,823.95 FOR THE ACCOUNT OF EBY
CREEK MESA LIMITED PARTNERSHIP DRAWN ON ALPINE
BANK EAGLE
WHEREAS, pursuant to C.R.S. 30- 28 -37, the Board of County
Commissioners of the County of Eagle, State of Colorado ( "Board ")
entered into a Subdivision Improvements Agreement dated May 16,
1995 ( "Agreement ") with Eby Creek Mesa Limited Partnership, a
Colorado Limited Partnership, ( "Subdivider "), as a condition of
final plat approval for Eby Creek Mesa Subdivision Phase III; and
WHEREAS, the Subdivider provided collateral in the form of
Letter of Credit No. 50 in the amount of $60,823.95 to guarantee
the faithful completion of the public improvements; and
WHEREAS, said Letter of Credit in the amount of $60,823.95
will expire on January 23, 1999; and
WHEREAS, the Board finds, determines and declares that there
has been a default under the Agreement and that a sum certain of
$60,823.95 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
k
Attorney; and Kathy Walter, Paralegal, are authorized to execute
any and all documents necessary to draw upon said Letter of Credit.
THAT, James R. Fritze, County Attorney; Robert W. Loeffler,
Deputy County Attorney; Renee Allee Black, Assistant County
Attorney; and Kathy Walter, 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 County of Eagle, St a f Colorado, at its regular meeting
held the �9�, day o 1 1999.
COUNTY OF EAGLE, STATE OF
COLORADO, By and Through Its
BOARD OF COUNTY COMMISSIONERS
By
Johnnette Phi ips
Chairman
Tom C. Stone
Commissioner 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 a —0 vote of the Board of
County Commissioners of the County of Eagle, State of Colorado.
