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HomeMy WebLinkAboutR91-088 draw on Soderberg Filing 2j 10-"59 PG 1 OF 2 REC DOC. 46-3969 69 R -567 P -817 JOHNNETTE PHILLIPS ERC j COUNTY CLERK, COLORADO 0.00 0.00 , Commissioner moved adoption of the following Res ution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 91- 7$ AUTHORIZING THE DRAWING OF COLLATERAL � for SODERBERG SUBDIVISION, FILING NO. 2, AND APPOINTING ATTORNEY -IN -FACT RELATIVE THERETO WHEREAS, on or about November 13, 1989, the Board of County Commissioners of the County of Eagle, State of Colorado (herein- after "the Board "), entered into a Subdivision Improvements Agreement ( "Agreement ") with Jan MacCready and Margie Butler ( "Subdivider ") relative to Soderberg Subdivision, Filing No. 2; and WHEREAS, the Board presently holds Letters of Credit totaling $6,389.00, to guarantee the satisfactory completion of a roadway and landscaping improvements; and WHEREAS, Irrevocable Letter of Credit No. 72088 -01 issued by Alpine Bank of Carbondale, for the benefit of Jan MacCready and Margie Butler, expires November 13, 1991, and the Subdivider has failed to provide substitute collateral; and WHEREAS, the Board finds, determines and declares that it is in the best interest of the County of Eagle that said Letter of Credit be drawn upon and the funds be deposited by the Eagle County Treasurer and held as collateral until substitute collateral has been provided, or until the improvements have survived the warranty period required by the Agreement. NOW, THEN, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, the Chairman of the Board is authorized to sign a draft for the purpose of drawing upon the Irrevocable Letter of Credit No. 72088 -01 in the amount of $6,389.00, dated November 10, 1989, and issued by Alpine Bank of Carbondale. THAT, said sum shall be held as collateral which shall be returned to Subdivider upon the satisfactory completion of said improvements (including the warranty period), or upon the receipt of substitute collateral, and less the costs incurred by the County in drawing on the subject Letter of Credit. THAT, Kevin Lindahl, Mara M. Kleinschmidt, Mary Joan Berenato and /or Aili B. Foss, and each of them, 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; to perform all acts and execute any and all documents reasonably incidental to drawing upon the subject Letter of Credit. THAT, the Chairman of the Board is authorized to execute a Power of Attorney for the purposes contemplated herein. 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, 1991. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its ATTEST: BOARD OF COUNTY COMMISSIONERS C Board f County Co/mmisssiio /ners, Commissioner foregoing resol as follows: <::- \ � ) Don'alU A% Welch, Commissioner 'k J seconded adoption of the The roll having been called, the vote was Commissioner Donald H. Welch Commissioner George A. Gates 112, a Commissioner Richard L. Gustafson This Resolution passed by �J�jX�s �, .m. J vote of the Board of County Commissioners of the County of Eagle, State of Colorado. 90 -02 -2- 46.3969 B -567 A -847 14/26/'91 10:59 PG 2 OF 2 r r