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HomeMy WebLinkAboutR98-149 Stag Gulch Partners Letter of Credit • • Commissioner 47-4. moved adoption of the folio *ng Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 98-2 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 A. WALTER, PARALEGAL, TO ACT AS ATTORNEY IN FACT FOR THE COUNTY OF EAGLE, STATE OF COLORADO, WITH RESPECT TO LETTER OF CREDIT NO. 211 IN THE AMOUNT OF $112,677.37 FOR THE ACCOUNT OF STAG GULCH PARTNERS DRAWN ON 1st MOUNTAIN BANK WHEREAS, on or about July 18, 1994, pursuant to C.R.S. 30 -28- 137, the County entered into a Subdivision Improvements Agreement (hereinafter "SIA ") with Stag Gulch Partners as a condition of the County's final plat approval of Cordillera Filing 17; and WHEREAS, Stag Gulch Partners provided collateral in the form of an Irrevocable Letter of Credit No. 211 in the amount of $112,677.37 to guarantee the faithful completion of the public improvements; and WHEREAS, said Letter of Credit will expire on December 8, 1998; and WHEREAS, the Board finds, determines and declares that there has been a default under the SIA and that a sum certain of $112,677.37 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: MOVED, READ AND ADOPTED by the Board of County Commissioners of the County l of Eagle, State �f Colorado, at its regular meeting held the � /U day ofArz,! , 1998. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its ATTEST: BOARD OF COUNTY COMMISSIONERS 0:10 / ' y BY clerk to the Board of di _ :s E. Jo • County Commissioners Ch -irman Georg Gates omm %ssioner ,• O f Johnnette Phillips Commissioner Commissioner seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner James E. Johnson, Jr. Commissioner George A. Gates jL_i Commissioner Johnnette Phillips AV This Resolution passed by ` 2/ Lf�Y!(1Cj i _ vote of the Board of County Commissioners of the County of Eagle, State of Colorado. • 411 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 A. 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 A. 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 Letter of Credit No. 211 in the amount of $112,677.37 issued by Mountain Bank to Stag Gulch Partners 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 t Town of Eagle, and State of Colorado, on this 7 day of , 1998. COUNTY OF EAGLE, STATE OF jz COLORADO, By and Through Its ATTEST: BOARD OF COUNTY COMMISSIONERS 4 , aor/ By :�� Jer of the Board of O , "_mes EIOUPA r County Commissioners Chairman • • • STATE OF COLORADO ) ss County of Eagle ) r /- .= • I , ) f . )L c 1. _ /4: ,:_.(% ,,I-.../ , Notary Public in and for said Eagle Coun y, irk the State aforesaid, do hereby certify that James E . Johnson, dr., 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. c ' Given �' .Given under my hand and notary seal, this / . day of `' T' X .../ y :( , 1998. My commission expires, :et X_^ ,z -a - -t- , 2,� ( -_,z re -z. y j / Notary Publ, c A r \Cord #17.drw