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HomeMy WebLinkAboutR00-155 Draw on Brett Ranch Area A on Sitep C P Commissioner -,) — moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2000 - .(5 , 3 RESOLUTION CONFERRING POWER OF ATTORNEY UPON JAMES R. FRITZE, COUNTY ATTORNEY, ROBERT W. LOEFFLER, DEPUTY COUNTY ATTORNEY, AND RENEE ALLEE BLACK, ASSISTANT COUNTY ATTORNEY, AND JACQUELINE CRAWFORD, PARALEGAL, TO ACT AS ATTORNEY IN FACT FOR THE COUNTY OF EAGLE, STATE OF COLORADO, WITH RESPECT TO LETTER OF CREDIT NO. WSL890820 IN THE AMOUNT OF $124,438.08 FOR THE ACCOUNT OF BRETT RANCH HOLDING LLC DRAWN ON KEYBANK NATIONAL ASSOCIATION FOR AREA A ON SITE - to expire November 13, 2000 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 A On Site; 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 November 13, 2000; and WHEREAS, the Board finds, determines and declares that there has been a default under, the SIA and that a sum certain of $124,438.08 is required to remedy the default. Ii C C 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 Jacqueline Crawford, Paralegal, are authorized to execute any and all documents necessary to draw upon irrevocable Letter of Credit No. WSL890820 in the amount of $124,438.08 issued by KeyBank National Association. THAT, James R. Fritze, County Attorney, Robert W. Loeffler, Deputy County Attorney, Renee Allee Black, Assistant County Attorney, and Jacqueline Crawford, 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 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 November, 2000. ATT ST: --Sa co COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its I BOARD OF COUNTY COMMISSIONERS ee - _n Clerk to the Board of County Commissioners r q Johnnette Phillips Commissioner. r 5 � 9 4 Commissioner ' sec " onded adoption of the foregoing resolution. The roll having been called, the vote was as ollows: Commissioner Tom C. Stone Commissioner Michael L. Gallagher Commissioner Joimnette Phillips This Resolution passed bye o e of the Board of County Commissioners of the County of Eagle, State of Colorado. File No. I 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 Jacqueline Crawford 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 Jacqueline Crawford 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. WSL890820 in the amount of $124,438.08 for the account of Brett Ranch Holding LLC issued by KeyBank National Association, 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 Jacqueline Crawford 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 anji attested by its Clerk, all being done in the Town of Eagle, and .State of Colorado, on this day of November, 2000. TY OF EAGLE, STATE OF RADO, By and Through Its ATTEST: OF COUNTY COMMISSIONERS F L8R eq— g By: A& ZI-p - f lerk of the Board of Tom C. Stone County Commissioners Chairman STATE OF COLORADO ) ss County of Eagle ) 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 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 , 2000. My commission expires Notary Public r\Brett Ranch draw on WSL890820