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HomeMy WebLinkAboutR99-077 Draw on Eby Creek MesaT Commissioner moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO.99 -1 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. 45 IN THE AMOUNT OF $50,000.00 FOR THE ACCOUNT OF EBY CREEK MESA LIMITED PARTNERSHIP DRAWN ON ALPINE BANK 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 June 6, 1993 ('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 I; 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 $50,000.00 will expire on June 1, 1999; and WHEREAS, the Board finds, determines and declares that there has been a default under the SIA and that a sum certain of $50,000.00 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, James R. Fritze, County Attorney, Robert W. Loeffler, Deputy County Attorney, Renee Allee Black, Assistant County Attorney, and Kathy Walter, Paralegal, are authorized to execute any and all documents necessary to draw upon irrevocable Letter of Credit No. 45 in the amount of $50,000.00 issued by Alpine Bank. 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 Letter of Credit No. 45 in the amount of $50,000.00. 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, State of Colorado, at its regular meeting held the day of May, 1999. a, K COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its ATTEST: ° ` ° Aq °° BOARD OF COUNTY COMMISSIONERS / By: Jerk to the Board of County Commissioners ?c o qLd, A an To C. . Stone Commissioner Ws hns er Commission Yl, seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Jo Phillips Commissioner Tom m C. C. Stone Commissioner James E. Johnson, Jr. rn This Resolution passed byvvote of the Board of County Commissioners of the County of Eagle, State of Colorado. File No.