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HomeMy WebLinkAboutR93-125 Draw on Summit ViewCommissio er -yam,__ moved adoption of the fol o ng Resol ion: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 93 - /,, = ?, 5 RESOLUTION CONFERRING POWER OF ATTORNEY UPON JAMES R. FRITZE, COUNTY ATTORNEY, MARY JOAN BERENATO, DEPUTY COUNTY ATTORNEY, AND MAUREEN AMUNDSON, PARALEGAL, TO ACT AS ATTORNEY IN FACT FOR THE COUNTY OF EAGLE, STATE OF COLORADO, WITH RESPECT TO SUMMIT VIEW, INC. WHEREAS, on or about October 1, 1992, Summit View, Inc. a Colorado corporation (hereinafter referred to as the "Subdivider "), entered into a Subdivision Improvements Agreement with the Board of County Commissioners of the County of Eagle, State of Colorado (hereinafter referred to as the "Board "), and, for the purpose of guaranteeing the faithful completion of the public improvements contemplated therein, collateral was provided by the Subdivider to the Board in the form of irrevocable Letter of Credit No. 1176, issued by Pitkin County Bank & Trust Co., Aspen, Colorado; and WHEREAS, it is presently contemplated'an agreement shall be entered into between the Subdivider and the Board whereby the aforementioned Subdivision Improvements Agreement shall be terminated; and WHEREAS, Letter of Credit No. 1176 is due to expire on October 31, 1993; and WHEREAS, until such time as said Subdivision Improvements Agreement is formally terminated, the Subdivider has agreed to provide an extension of at least thirty (30) days to the subject Letter of Credit; and WHEREAS, no such extension to Letter of Credit No. 1176 has been received by the Board as yet, and the Board deems it to be in the best interests of the County of Eagle that the subject Letter of Credit be drawn upon prior to its expiration. ( l 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; and Maureen Amundson, Paralegal, are authorized to execute any and all documents necessary to draw upon irrevocable Letter of Credit 1176, issued by Pitkin County Bank & Trust Co., Aspen, Colorado. THAT, James R. Fritze, County Attorney; Mary Joan Berenato, Deputy 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. 1176 issued by Pitkin County Bank & Trust Co., Aspen, Colorado. 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 of Colorado, at its regular meeting held the -2 � -- day of � , 1993. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS Clerk to the Board of County Commissioners By: George : Gates, Chairman p hnnette Philli Commi6sioner .1 . " C, Commissione ., seconded adoption of the foregoing res ution. The roll h ving been called, the vote was as follows: Commissioner George A. Gates Commissioner Johnnette Phillips Commissioner James E. Johnson, Jr. This Resolution passed by (3 - 0 vote of the Board of County Commissioners of the County of Eagle, State of Colorado. r \summitv.poa 82 -237