HomeMy WebLinkAboutR96-143 Draw on Design Concepts Developmenti
Commissioner moved adoption
of the following R solution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION N0.96-1=1d
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 A,MUNDSON, PARALEGAL TO ACT AS
ATTORNEY IN FACT FOR THE COUNTY OF EAGLE, STATE
OF COLORADO, WITH RESPECT TO LETTER OF CREDIT
N0.959-8723 IN THE AMOUNT OF $267,414.00 FOR THE
ACCOUNT OF DESIGN CONCEPTS DEVELOPMENT CORP.
DRAWN ON 1ST BANK OF AVON
WHEREAS, on or about July 9, 1996, pursuant to C.R.S. 30-28-137, the County entered
into a Subdivision Improvements Agreement (hereinafter "SIA") with Design Concepts
Development Corp. as a condition of the County's final plat approval of Filing 6, The Sanctuary;
and
WHEREAS, Design Concepts Development Corp. provided collateral in the form of an
Irrevocable Letter of Credit No. 959-8723 in the amount of $267,414.00 to guarantee the faithful
completion of the public improvements; and
WHEREAS, said Letter of Credit will expire on November 15, 1996; and
WHEREAS, the Board finds, determines and declares that there has been a default under
the SIA and that a sum certain of $267,414.00 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, James R. Fritze, County Attorney, Mary Joan Berenato, Deputy County Attorney,
Robert W. Loeffler, Assistant County Attorney, and Maureen Amundson, Paralegal, aze
authorized to execute any and all documents necessary to draw upon irrevocable Letter of Credit
No. 959-8723, in the amount of $267,414.00 issued by lst Bank Of Avon.
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. 959-8723 in the amount of $267,414.00 issued by
Lst Bank Of Avon.
THAT, the Chairman of the Boazd 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 regulaz meeting held the day of
November, 1996.
~a, ~~' ~ COUNTY OF EAGLE, STATE OF
~~`~~ ~~~ COLORADO, By and Through Its
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ATTEST: ~ w BOARD OF COUNTY COMMISSIONERS
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~~ ~:- B
Y•
Clerk to the Boaz of George ates
County Commissioners Chairman
r
ohnnette Phillips
Commissioner
Commissioner ~ seconded adoption of the foregoing resolution. The roll having been
called, the vote was as follows:
Commissioner George A. Gates
Commissioner Johnnette Phillips
Commissioner James E. Johnson, Jr.
This Resolution passed by~' ~ vote of the Board of County Commissioners of the County of
Eagle, State of Colorado.
File No. 87-84 Filing 6