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HomeMy WebLinkAboutR99-100 Draw on Vail Arrowhead filing 1Commissioner moved adoption of the following Res ution: 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. 6087 IN THE AMOUNT OF $815,837.30 FOR THE ACCOUNT OF VAIL \ARROWHEAD DRAWN ON US BANKS 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 ( "Agreement ") with Vail/Arrowhead, a Colorado Limited Partnership, ( "Subdivider "), as a condition of final plat approval for Filing 1; 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 $815,837.30 will expire on June 14, 1999; and WHEREAS, the Board finds, determines and declares that there has been a default under the SIA and that a sum certain of $815,837.30 is required to remedy the default. l 3 NOW, T HEREFORE, BE IT RESOLVED BY TIIE BO COMMISSIONERS OF TIC COUNTY OF EAGL E , STATE p F COUNT Y THAT, James R Assi. F ' COLORADO Renee Allee Black, ntze, County Attorney, execute an stant County Attorney Robert W. Loef Parer, De Y and all documents necessary and Kathy Walter put t' County Attorney the amount of$815,837 30 issued b ry to draw upon iFFevocablealegal are authorized to Y US Banks. Letter of Credit No. 6087 in T HAT, Tames R. Fritze, Count Renee Allee Black Y Attorney, R ober t power of attorne 'Assistant County Attorne n achy W ter per, De p County Attorney, Board of att n y to act as attorney in fact for the Count' Walter p ty Commissioners, with regard t e county of Ea le aralegal are hereby granted Letter of Credit No. g , State of Colorad draw upon o 6087 in the amount of $81 S actions that ma . and its ,837.30. Y be necessary to THAT, the Chairman of the Board is authorized to execute Purposes contemplated herein in the form attached to this part hereof by this reference. a Po wer Exhibit bi Attorne Resolution as Exhibit A Y for the and made a of Eagle MOVED, READ AND ADOPTED by the Board of County Co , State of Colorado, at its regular meeting held the mm is da sioners of the County Y of June, 1999. C County Commissioners O UNTY OF EAGLE, STATE OF COLORAD BOARD OF C ONY T hrough Its COM MISSIONERS By. �*� j Johnnette Phillips Chairman � v'Y1 Tom . e Commissioner 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 c -� vote of the Board of County Commissioners of the County of Eagle, State of Colorado. File No. 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 James R. Fritze, Robert W. Loeffler, Renee Allee Black, and Kathy Walter, of the County of Eagle, State of Colorado, has made, constituted and appointed, and by these presents does make, constitute and appoint the said James R. Fritze and/or Robert W. Loeffler and /or Renee Allee Black and /or Kathy Walter, 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 Irrevocable Letter of Credit No. 6087 in the amount of $815,837.30 for the account of Vail/Arrowhead issued by US Banks, and to execute, make, endorse, and accept any documents necessary to accomplish the foregoing purpose. Hereby giving and granting unto James R. Fritze, and /or Robert W. Loeffler, and /or Renee Allee Black and /or Kathy Walter, 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 /Vlfk_ day of June, 1999. ATTEST: o LGe A9 By _ Clerk of the Boa d of County Commissioners COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COIvMSSIONERS By: dG ohnnette Phillips Chairman STATE OF COLORADO ) ss County of Eagle ) I, Notary Public in and for said Eagle County, in the State aforesaid, do hereby certify that Johnnette Phillips, 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 , 1999. My commission expires Notary Public