HomeMy WebLinkAboutR04-014 Mountain Top Ventures Letter of CreditCommissioner ~ ~ ~ moved adoption
of the following R lution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION N0.2004-~
RESOLUTION CONFERRING POWER OF ATTORNEY UPON DIANE H.
MAURIELLO, COUNTY ATTORNEY, WALTER MATHEWS, IV, DEPUTY COUNTY
ATTORNEY, BRYAN R. TREU, ASSISTANT COUNTY ATTORNEY, AND DEBBIE
FABER, ASSISTANT COUNTY ATTORNEY, TO ACT AS ATTORNEY IN FACT FOR
THE COUNTY OF EAGLE, STATE OF COLORADO, WITH RESPECT TO LETTER
OF CREDIT NO. 8977070 IN THE AMOUNT OF $6,000.00 FOR THE ACCOUNT OF
MOUNTAIN TOP VENTURES, INC., DB/A STEVENS HOME CARE AND MICHAEL
D. STEVENS DRAWN ON 1STBANK OF VAIL AND EXPIRING ON FEBRUARY 4,
2004
WHEREAS, pursuant to C.R.S. 30-28-137, the Board of County Commissioners of the
County of Eagle, State of Colorado ("Board") entered into an Agreement for Addition,
Maintenance, and Removal of Two (2) Temporary Access Points Off of Miller Ranch Road,
Edwards, Colorado and For Installation of Permanent Curb and Gutter dated January 21, 2003;
and
WHEREAS, the Subdivider provided collateral in the form of Letter of Credit No.
8977070 in the amount of $6,000.00 to guarantee the faithful completion of the public
improvements; and
WHEREAS, said Letter of Credit in the amount of $6,000.00 will expire on February 4,
2004; and
WHEREAS, the Board finds, determines and declares that there has been a default under
the Agreement and that a sum certain of $6,000.00 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, Diane H. Mauriello, County Attorney; Walter Mathews, IV, Deputy County
Attorney, Bryan R. Treu, Assistant County Attorney; and Debbie Faber, Assistant County
Attorney, are authorized to execute any and all documents necessary to draw upon said Letter of
Credit.
THAT, Diane H. Mauriello, County Attorney; Walter Mathews, IV, Deputy County
Attorney, Bryan R. Treu, Assistant County Attorney; and Debbie Faber, 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 Commissione s of the.
County of Eagle, State of Colorado, at its regular meeting held th~~day o~ `~ , l . ~C'l 004
ATTEST:
n ~ ~~
Clerk to the Board of
County Commissioners
~~~
~ ~
~, ,.~;;
~(~,,,-
J~re1.®
/~
COUNTY OF EAGLE, STATE OF
COLORADO, By and Through Its
BOARD OF COUNTY COMMISSIONERS
By:
Commissione --~ i ~'~ -l,E~ seconded adoption of the 'foregoing resolution. The roll
having been called, th to was as follows:
Commissioner Tom C. Stone ~~? `~_.~..
Commissioner Michael L. Gallagher ~,~~/~i
Commissioner Arn M. Menconi ~,~ ~,~ , -
This Resolution passed by 1r~'l~~'iil~~~t~~ vote of the Board of County Commissioners of
the County of Eagle, State of Colorado.
Commissioner
EXHIBIT "A"
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 Diane H.
Mauriello, County Attorney; Walter Mathews, IV, Deputy County Attorney, Bryan R. Treu,
Assistant County Attorney, and Debbie Faber, Assistant County Attorney, of the County of
Eagle, State of Colorado, has made, constituted and appointed, and by these presents does make,
constitute and appoint the said Diane H. Mauriello, Walter Mathews, IV, Bryan R. Treu and/or
Debbie Faber 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. 8977070 in
the amount of $6,000.00 issued by 1stBank of Vail and to execute, make, endorse, and accept
any documents necessary to accomplish the foregoing purpose.
Hereby giving and granting unto Diane H. Mauriello and/or Walter Mathews, IV and/or
Bryan R. Treu and/or Debbie Faber, 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 day of
2004.
ATTEST:
Bv:
Clerk of the Board of
County Commissioners
COUNTY OF EAGLE, STATE OF
COLORADO, By and Through Its
BOARD OF COUNTY COMMISSIONERS
Bv:
Tom C. Stone,
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 Tom C. Stone, Chairman of the Board of County Commissioners of the
County of Eagle, State of Colorado, and Teak J. Simonton, 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 , 2004.
My commission expires
Notary Public
G:VKS\resolutions\Stevens.doc
