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R89-114 appointing draw on letter of credit for ColorowCommissioner (5 moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 89 - 0 � APPOINTING ATTORNEYS -IN -FACT TO DRAW ON LETTER OF CREDIT WHEREAS, pursuant to §30 -28 -137, C.R.S., the Board of County Commissioners of the County of Eagle, State of Colorado ( "the Board "), did, on or about April 18, 1988, enter into a Subdivision Improvements Agreement ( "Agreement ") with Harlan A. Eckhardt; Robert Barker and Karin Barker; Carl Berman and Ann Berman; Peter Schlessinger; Philip R. Conners; Leslie S. Shapiro and Maureen Shapiro; Marlan E. Gamber and Victoria A. Gamber; Steven Roosa; Vail National Bank; Gerald Rea; and Howard E. Katzman and Shirley Katzman ( "Subdividers ") as a condition for final plat approval for Colorow Subdivision; and WHEREAS, in order to guarantee the faithful completion of certain public improvements required under the Agreement, the Subdividers agreed to provide the Board with an Irrevocable Letter of Credit or to deposit a cash sum with the County, as required by the terms of said Agreement; and WHEREAS, the Irrevocable Letter of Credit No. 640 issued by Professional Savings Bank of Miami, Florida, as collateral for the Agreement, for the benefit of Howard E. Katzman and Shirley Katzman, is due to expire October 31, 1989. NOW, THEREFORE, $E IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: 1. That Eagle County,, in order to assure the completion of the improvements required by the Agreement, shall draw upon said Letter of Credit No. 640 in its full amount. of $4,523.55, unless Mr. and Mrs. Katzman provide the Board with a new Letter of Credit by October 27, 1989. 2. That Kevin Lindahl, Eagle County Attorney; and Thomas Bigler, Assistant Eagle County Attorney; are hereby appointed attorneys -in -fact for the purpose of drawing on Letter of Credit No. 47; and each is authorized to make, do and perform all acts and things as set forth in the form attached hereto as Exhibit A. 3. That the Board finds, determines and declares that this Resolution is necessary for the public health, safety and welfare of the citizens of the County of Eagle, State of Colorado. MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the a day of October, 1989. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS By: 744 10 6j-7— Richard L. Gustafson, Chairman Donald . Welch, Commissioner/ Chairman Pro Tem George A. Gates, Commissioner Commissioner w-2/a seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner George A. Gates Commissioner Donald H. Welch Commissioner Richard L. Gustafson 44;� This Resolution passed by � vote of the Board of County Commissioners of the County of Eagle, State of Colorado. File 87 -148 -2- County Commissioners POWER OF ATTORNEY i KNOW ALL MEN BY THESE PRESENTS: That the County of Eagle, State of Colorado, a body politic and corporate, reposing special trust and confidence in Kevin Lindahl and Thomas Bigler, of the County of Eagle, State of Colorado, has made, constituted and appointed, and by these presents does make, constitute and appoint the said Kevin Lindahl and /or Thomas Bigler the true and lawful attorney for the County of Eagle; and in its name, place and stead, for its sole use and benefit, to draw upon the (revocable Letter of Credit No. 640 dated October 31, 1989, issued by Professional Savings Bank, Miami, Florida, for the full value of $4,523.55. Said attorneys, or either of them, may execute, make, endorse, and accept any documents necessary to accomplish the foregoing purpose. Hereby giving and granting unto Kevin Lindahl and Thomas Bigler, said attorneys, full power and authority to do and perform all and every act and thing whatsoever requisite and necessary to be done in and about the premises, as full to all intents and purposes as it might or could do if personally present, with full power of substitution and revocation, hereby ratifying and confirming all that its said attorneys or their substitutes shall lawfully do or cause to be done by virtue hereof. IN WITNESS WHEREOF, the County of Eagle has caused its name to be signed by its Chairman of the Board of County Commissioners, and its seal to be affixed and attested by its Clerk, all being done in the Town of Eagle, and State of Colorado, on this day of October, 1989. ' ATTEST: COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS By: xxxxx Clerk to the Board of County Commissioners (Affix Seal) STATE OF COLORADO County of Eagle I, , Notary Public in and for said Eagle County, in the State of Colorado, do hereby certify that Donald H. Welch and Johnnette Phillips, Chaimran Pro Tent and Clerk respectively of the Board of County Commissioners of the County of Eagle, State of Colorado, personally known to me to be the persons whose names are subscribed to the within Power of Attorney, appeared before me this day in person and acknowledges t' •t they signed, sealed and delivered the said instrument of writing as their free and volun act and deed, for the uses and purposes therein set forth. B xxxxx Donald H. Welch, Chaimmn Pm Tern ss Given und,. my hand and notary seal, this day of October, 1989 My commission expires xxxxx Notary Public EXHIBITA