HomeMy WebLinkAboutR95-053 draw on Kip and Wendy Koski, Harmony ViewCommissioner ~jl/~jy~ moved adoption
of the following Reso u ion:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 95- r
RESOLUTION CONFERRING POWER OF ATTORNEY UPON
JAMES R. FRITZE, COUNTY ATTORNEY, MARY JOAN
BERENATO, DEPUTY COUNTY ATTORNEY, ROBERT W.
LOEFFLER, ASSISTANT COUNTY ATTORNEY AND
MAUREEN AMUNDSON, PARALEGAL TO ACT AS ATTORNEY
IN FACT FOR THE COUNTY OF EAGLE, STATE OF
COLORADO, WITH RESPECT TO LETTER OF CREDIT N0.
S800217 IN THE AMOUNT OF $3,370.00 FOR THE
ACCOUNT OF KIP AND WENDY KOSKI, HARMONY VIEW
SUBDIVISION DRAWN ON NORWEST BANKS
WHEREAS, on November 10, 1992 pursuant to C.R.S. 30-28-137,
the County entered into a Subdivision Improvements Agreement
(hereinafter "SIA") with Kip Koski and Wendy Koski (hereinafter
known as "Subdivider"), as a condition of the County's final plat
approval for Harmony View Subdivision (hereinafter "Subdivision");
and
WHEREAS, the Subdivider provided collateral in the form of a
Letter of Credit to guarantee the faithful completion of the public
improvements; and
WHEREAS, said Letter of Credit #S800217 in the amount of
$3,370.00 will expire on May 20, 1995.
WHEREAS, the Board finds, determines and declares that it is
in the best interest of the County that it draw upon the
collateral in the amount of $3,370.00.
WHEREAS, it is presently contemplated an agreement shall be
entered into between the Subdivider and the Board whereby the
aforementioned Subdivision Improvements Agreement shall be
terminated; and
WHEREAS, until such time as said Subdivision Improvements
Agreement is formally terminated, the Subdivider has agreed to
provide an extension of at least thirty (30) days to the subject
Letter of Credit; and
WHEREAS, no such extension to Letter of Credit No. 5800217 has
been received by the Board as yet, and the Board deems it to be in
the best interests of the County of Eagle that the subject Letter
of Credit be drawn upon prior to its expiration.
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, Mary Joan Berenato,
Deputy County Attorney, Robert W. Loeffler, Assistant County
Attorney, and Maureen Amundson, Paralegal, are authorized to
execute any and all documents necessary to draw upon irrevocable
Letter of Credit 5800217, in the amount of $3,370.00 issued by
Norwest Bank, Denver.
THAT, James R. Fritze, County Attorney, Mary Joan Berenato,
Deputy County Attorney, Robert W. Loeffler, Assistant County
Attorney and Maureen Amundson, 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
Letter of Credit No. 5800217 in the amount of $3,370.00 issued by
Norwest Bank, Denver.
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 mePf.-~~~s~;
held the /~~~ day of __~/~~ 1995.
v~" ~a,~~
ATTEST: ~. ~~ y
~~ ~
COUNTY OF EAGLE, STATE OF
COLORADO, By and Through Its
BOARD OF COUNTY COMMISSIONERS
a~ ~ ~~r~;
By:
C erk to t Board of
County Commissioners
eorge Games, Commissioner
Johnnet e i ips, C4 issioner
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
Commissioner Johnnette Phillips
This Resolution passed by ~-Q vote of the Board of
County Commissioners of the County of Eagle, State of Colorado.