HomeMy WebLinkAboutR00-026 Draw on MRLD Miller's Creek Subdivision-�� I C C 11
Commissioner moved adoption
of the following esolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 2000- 0 96
RESOLUTION CONFERRING POWER OF ATTORNEY UPON
JAMES R. FRITZE, COUNTY ATTORNEY; ROBERT W.
LOEFFLER, DEPUTY COUNTY ATTORNEY; RENEE ALLEE
BLACK, ASSISTANT COUNTY ATTORNEY; TO ACT AS
ATTORNEY IN FACT FOR THE COUNTY OF EAGLE,
STATE OF COLORADO, WITH RESPECT TO LETTER OF
CREDIT NO. 361 IN THE AMOUNT OF $634,015.80
FOR THE ACCOUNT OF MRLD, LLC (Miller's Creek
Subdivision) DRAWN ON WESTSTAR BANK
WHEREAS, on or about September 16, 1998, pursuant to C.R.S.
30 -28 -137, the County entered into a Subdivision Improvements
Agreement (hereinafter "SIA") with MRLD, LLC as a condition of the
County's final plat approval for Planned Unit Development known as
Miller's Creek Subdivision; and
WHEREAS, MRLD Partners provided collateral in the form of an
Irrevocable Letter of Credit No. 361 in the amount of $634,015.80
to guarantee the faithful completion of the public improvements;
and
WHEREAS, said Letter of Credit will expire on February 14,
2000; and
WHEREAS, the Board finds, determines and declares that there
has been a default under the Agreement and that a sum certain of
$634,015.80 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, James R. Fritze, County Attorney; Robert W. Loeffler,
Deputy County Attorney; and Renee Allee Black, Assistant County
Attorney; are authorized to execute any and all documents necessary
to draw upon said Letter of Credit.
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THAT, James R. Fritze, County Attorney; Robert W. Loeffler,
Deputy County Attorney; Renee Allee Black, Assistant County
Attorney 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 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, Statg—of Colorado, at its regular meeting
held the. 14d day of 2000.
C�
COUNTY OF EAGLE, STATE OF
COLORADO, By and Through Its
ATTEST: BOARD OF COUNTY COMMISSIONERS
By. &��
Tom e. Stone
Chairman
mes E. John n, Jr.
ommissioner
Johnnette Phillips
Commissioner
Commissioner seconded adoption of the
foregoing resolution. The roll having been called, the vote was as
follows:
Commissioner Tom C. Stone
Commissioner James E. Johnson, Jr
Commissioner Johnnette Phillips
This Resolution passed by a - p 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 James R. Fritze, Robert W. Loeffler, and
Renee Allee Black, of the County of Eagle, State of Colorado, has
made, constituted and appointed, and by these presents does make,
constitute and appoint the said James R. Fritze and /or Robert W.
Loeffler and /or Renee Allee Black 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. 361 in the amount of $634,015.80 in the name of MRLD, LLC and
to execute, make, endorse, and accept any documents necessary to
accomplish the foregoing purpose.
Hereby giving and granting unto James R. Fritze, and /or
Robert W. Loeffler, and /or Renee Allee Black 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 T w n of Eagle, and State of Colorado, on this day of
—!, , 2000.
COUNTY OF EAGLE, STATE OF
COLORADO, By and Through Its
BOARD OF COUNTY COMMISSIONERS
By: `��.P'
Tom C. Stone
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 Tom C.
Stone, 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
2000.
My commission expires
Notary Public
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