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HomeMy WebLinkAboutR02-159 Power of Attorney • • Commissioner Skne-- moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2002-/69 RESOLUTION CONFERRING POWER OF ATTORNEY UPON DIANE H. MAURIELLO, COUNTY ATTORNEY, BRYAN R. TREU, ASSISTANT COUNTY ATTORNEY AND BRUCE STRASINGER, PARALEGAL, TO ACT AS ATTORNEY IN FACT FOR THE COUNTY OF EAGLE, STATE OF COLORADO, WITH RESPECT TO LETTER OF CREDIT NO. 523 IN THE AMOUNT OF $177,230.12 FOR THE ACCOUNT OF PPG RED SKY CORPORATION DRAWN ON WESTSTAR BANK EXPIRING ON NOVEMBER 28, 2002 WHEREAS, pursuant to C.R.S. 30 -28 -137, the Board of County Commissioners of the County of Eagle, State of Colorado ( "Board ") entered into a Subdivision Improvements Agreement dated July 31, 2001 and recorded at Reception No. 763573 ( "Agreement ") with David James Plath and Deborah Ann Plath, and Gary Plath and Margie Plath, as a condition of final plat approval for Red Sky Ranch; and WHEREAS, the Subdivider through their corporation, PPG Red Sky Corporation provided collateral in the form of Letter of Credit No. 523 in the amount of $177,230.12 to guarantee the faithful completion of the public improvements; and WHEREAS, said Letter of Credit in the amount of $177,230.12 will expire on November 30, 2002; and WHEREAS, the Board finds, determines and declares that there has been a default under the Agreement and that a sum certain of $177,230.12 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, Diane H. Mauriello, County Attorney, Bryan R. Treu, Assistant County Attorney; and Bruce Strasinger, Paralegal, are authorized to execute any and all documents necessary to draw upon said Letter of Credit. • . THAT, Diane H. Mauriello, County Attorney, Bryan R. Treu, Assistant County Attorney; and Bruce Strasinger, 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 said Letter of Credit. THAT, the Chairman of the Board Ls 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 / d day of November, 2002. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its ATTEST: BOARD OF OUNTY CSMMISSIONE'S , 1 • C1er to the Zoard of ;* * -�e1 L. Gallaghe County Commissioners t'otoeoo 4 .10 ) 1A ► Arri Commissioner 7ple-nK4_ Tom C. Stone Commissioner • • Commissioner I ____ __ seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Michael L. Gallagher � _ Commissioner Arn M. Menconi Commissioner Tom C. Stone This Resolution passed by ( -CCU vote of the Board of County Commissioners of the County of Eagle, State of Colorado. • POWER OF ATTORNEY 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 Diane H. Mauriello, Bryan R. Treu, Bruce Strasinger, of the County of Eagle, State of Colorado, has made, constituted and appointed, and by these presents does make, constitute and appoint the said Diane H. Mauriello and /or Bryan R. Treu and /or Bruce Strasinger and each of them, 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 Letter of Credit No. 523 in the amount of $177,230.12 issued by West Star Bank to PPG Red Sky Corporation for David James Plath and Deborah Ann Plath, and Gary Plath and Margie Plath and to execute, make, endorse, and accept any documents necessary to accomplish the foregoing purpose. Hereby giving and granting unto Diane H. Mauriello, and /or Bryan R. Treu, and /or Bruce Strasinger, 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 fully 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 attorney or his 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 November, 2002. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its ATTEST: BOARD OF COUNTY COMMISSIONERS By: By: Clerk of the Board of Michael L. Gallagher County Commissioners Chairman STATE OF COLORADO ss County of Eagle I, , Notary Public in and for said Eagle County, in the State aforesaid, do hereby certify that Michael L Gallagher, Chairman of the Board of County Commissioners of the County of Eagle, State of Colorado, and Sara J. Fisher, County Clerk and Clerk to the Board of County Commissioners, 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 acknowledged that they signed, sealed and delivered the said instrument of writing as their free and voluntary act and deed, for the uses and purposes therein set forth. Given under my hand and notary seal, this day of November, 2002. My commission expires Notary Public