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HomeMy WebLinkAboutR96-054 draw on Eby Creek Mesa Limited Partnership Phase II Coamnissioner moved adoption of the following Resolution: BOARD OF COUNTY CONIl~IISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 96-~ 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 NO. 46 IN THE AMOUNT OF $84,637.80 FOR THE ACCOUNT OF EBY CREEK MESA LIMITED PARTNERSHIP DRAWN ON ALPINE BANK, EAGLE, COLORADO WHEREAS, on or about September 26, 1994, pursuant to C.R.S. 30-28-137, the County entered into a Subdivision Improvements Agreement (hereinafter "SIA") with Eby Creek Mesa Limited Partnership (hereinafter Subdivider) as a condition of the County's final plat approval of Eby Creek Subdivision, Phase II; and WHEREAS, Subdivider provided collateral in the form of an Irrevocable Letter of Credit No. 46 in the amount of $84,637.80 to guarantee the faithful completion of the public improvements; and WHEREAS, said Letter of Credit will expire on May 16, 1996; and WHEREAS, the Board finds, determines and declares that there has been a default under the SIA and that a sum certain of $84,637.80 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, 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 No. 46, in the amount of $84,637.80 issued by Alpine Bank, Eagle, Colorado. 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. 46 in the amount of $84,637.80 issued by Alpine Bank, Eagle, Colorado. 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 ~ 1996. ~+~`~ "~"'Y,8 COUNTY OF EAGLE , STATE OF -~ ,~ ~~ COLORADO , By and Through I t s ATTEST: ~~r ~ BOARD OF COUNTY COMMISSIONERS ~ 4 ~~ -~~„~,,. ~' By: Clerk to the oard of George Gates County Commissioners Chairman Johnnette Phillips Commissioner t es E. nson, C mmissioner Commissioner ~ seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner George A. Gates o~..vlQ Commissioner Johnnette Phillips ~~,,,,,~ Commissioner James E. Johnson, Jr. 7 This Resolution passed by ~~ --~ vote of the Board of County Commissioners of the County of Eagle, State of Colorado.