HomeMy WebLinkAboutR02-111 Draw on Cordillera Valley Club Filing 9z
Commissioner r moved adoption
of the following R solution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 2002 -�
RESOLUTION CONFERRING POWER OF ATTORNEY UPON
DIANE H. MAURIELLO, ACTING 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. 937 -0315 LC # 10 IN THE AMOUNT OF
$40,231.45 FOR THE ACCOUNT OF THE CORDILLERA
VALLEY CLUB INVESTORS LIMITED PARTNERSHIP
DRAWN ON 1STBANK OF AVON EXPIRING ON AUGUST
30, 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 May
4, 1998 ( "Agreement ") with Cordillera Valley Club Investors Limited
Partnership, as a condition of final plat approval for Cordillera
Valley Club, Filing 9; and
WHEREAS, the Subdivider provided collateral in the form of
Letter of Credit No. 937 -0315 LC ##10 in the amount of $40,231.45 to
guarantee the faithful completion of the public improvements; and
WHEREAS, said Letter of Credit in the amount of $40,231.45
will expire on August 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
$40,231.45 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, Acting 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, Acting 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 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 ffICA, day of August, 2002.
COUNTY OF EAGLE, STATE
COLORADO, By and Throu
ATTEST: BOARD OF COUNTY COMMI
Clerk to the Board of ``" Mic el L. Gal gher
County Commissioners 0 n
Ee3ap.
A-`n' M . Menconi
Commissioner
To C. Stone
Commissioner
OF
ugh Its
STONERS
a
i
Commissioner S-�n seconded adoption of the
foregoing resolution. The roll having been called, the vote was as
follows:
Commissioner Michael L. Gallagher
Commissioner Arn M. Menconi p
Commissioner Tom C. Stone T
This Resolution passed by _ d -D vote of the Board of
County Commissioners of the County of Eagle, State of Colorado.
N
'.a
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.
9370315 LC #8 fka 9860401 in the amount of $37,516.13 issued by
1stBank of Avon to Cordillera Valley Club Investors Limited
Partnership 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 �ay of
2002.
ATTEST:
By:
Clerk of theVBoard o
County Commissioners
COUNTY OF EAGLE, STATE OF
COLORADO, By and Through Its
�`""�'° '-BOARD OF COUN Y COMMISSIONERS
P e �y
otok Michael L. Galla r
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 ,
2002.
My commission expires
Notary Public