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HomeMy WebLinkAboutR99-123 draw area D CDOT right of way improvements Brett RanchCommissioner 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, AND 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. WSL890817 IN THE AMOUNT OF $21,747.95 FOR THE ACCOUNT OF BRETT RANCH HOLDING LLC DRAWN ON KEYBANK NATIONAL ASSOCIATION FOR AREA D CDOT RIGHT OF WAY IMPROVEMENTS 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 Brett Ranch Holding LLC, a Colorado Limited Liability Company, ('Subdivider "), as a condition of final plat approval for Area D CDOT Right of Way Improvements; 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 will expire on July 13, 1999; and WHEREAS, the Board finds, determines and declares that there has been a default under the SIA and that a sum certain of $21,747.95 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, and Renee Allee Black, Assistant County Attorney, are authorized to execute any and all documents necessary to draw upon irrevocable Letter of Credit No. WSL890817 in the amount of $21,747.95 issued by KeyBank National Association. THAT, James R. Fritze, County Attorney, Robert W. Loeffler, Deputy County Attorney, and 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 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, State of Colorado, at its regular meeting held the __[ day of July, 1999. Clerk to the Board of County Commissioners COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS By: a Johnnette Phillips Chairman v' e. d I m 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 3 - - - O —vote of the Board of County Commissioners of the County of Eagle, State of Colorado. File No.