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HomeMy WebLinkAboutR96-093 draw on Eby Creek MesaCommissioner ~ /~ ~,yL~~, n moved adoption of the following Resolution: BOARD OF COUNTY CONII~lISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 96- 93 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. 45 IN THE AMOUNT OF $95,997.20 FOR THE ACCOUNT OF EBY CREEK MESA LIMITED PARTNERSHIP DRAWN ON ALPINE BANK EAGLE 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 dated July 6, 1993 ("Agreement") with Eby Creek Mesa Limited Partnership, a Colorado Limited Partnership, whose general partner is Eagle River Land Company, Inc., a Colorado corporation ("Subdivider"), as a condition of final plat approval for Eby Creek Mesa Subdivision Phase I; 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 in the amount of $95,997.20 will expire on July 17, 1996; and WHEREAS, the Board finds, determines and declares that there has been a default under the SIA and that a sum certain of $95,997.20 is required to remedy the default. ~ ~.2y~ NOW, THEREFORE, BE IT RESOLVE COMMISSIONERS OF THE COUNTY OF EAGLE, D BY THE BOARD OF COUNTY 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. 45, in the amount of $95,997.20 issued by Alpine Bank Eagle. 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. 45 in the amount of $95,997.20 issued by Alpine Bank Eagle. 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 f Colorado, at its regular meeting held the ~ day of 1996. ~; ~ ~, ~ , . ~ COUNTY OF EAGLE , STATE OF ~~ ,"~,.~j.~~s~` ~ ,r COLORADO , By and Through I t s ATTEST : ~: ~ ~~ = i ti BOARD OF COUNTY COMMISSIONERS ~; C erk to the Board o County Commissioners By : ~~~ Georg A. Gates Chairman Johnnette Phillips, Commissioner Commissioner ~~~~~ seconded adoption of the 0 foregoing resolution. The roll having been called, the vote was as follows: Commissioner George A. Gates ~~ J Commissioner Johnnette Phillips ~.7`~~,,,~~~J Commissioner James E. Johnson, Jr. ~~ J This Resolution passed by ~~c'/l~i~i~r.-~1.~.~ ~ vote of the Board of County Commissioners of the County of Eagle, State of Colorado.