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HomeMy WebLinkAboutR91-100 Draw for Summit Vista SubdivisionCommissioner /2bj,,gA moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 91-,1190 AUTHORIZING THE DRAWING OF COLLATERAL for SUMMIT VISTA SUBDIVISION, AND APPOINTING ATTORNEY -IN -FACT RELATIVE THERETO WHEREAS, on or about August 22, 1984, 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 Meldor Partnership, ( "Subdivider ") relative to Summit Vista Phase II Subdivision; and WHEREAS, the Board presently holds a Letter of Credit totaling $104,089.00, to guarantee the satisfactory completion of the improvements for Phase 2 as set forth in Exhibit A of said 4th Amendment; and to guarantee payment of the Off -site Road Impact Fee as provided by the 4th Amendment; and WHEREAS, the Board reduced the collateral on Summit Vista, Phase II, by resolution signed today, to $62,700.00; and WHEREAS, Irrevocable Letter of Credit No. 65 issued by Alpine Bank of Basalt, for the benefit of Meldor Partnership, expires December 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, the amount of $62,700.00, from the Irrevocable Letter of Credit No. 65 in the amount of $104,089.00, dated February 13, 1990, and issued by Alpine Bank of Basalt. 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 /p day of December, 1991. ATTEST: l�lr9'f2tzhP� � l Y�f1if�yR?4) Clerk to the Board of County Commissioners COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS By: iG�A"d " -t / George IV Gates, Chairman �L 4ya Richard L. Gustafson, B "•,e, 44a Commissioner S Donal H. Welch, Commissioner -3- Commissioner (jgty seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Donald H. Welch; Commissioner George A. Gates C� Commissioner Richard L. Gustafson yle This Resolution passed by vote of the Board of County Commissioners of the County of Eagle, State of Colorado. 84 -152 ��1