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HomeMy WebLinkAboutR07-026 Red Table Acres Homeowners Association Letter of Credit ; Commissioner ~ moved adoption of the following Resolutio . BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2007- 0 ~ ~ RESOLUTION CONFERRING POWER OF ATTORNEY UPON BRYAN R. TREU, COUNTY ATTORNEY, ROBERT L. MORRIS, DEPUTY COUNTY ATTORNEY, CHRISTINA L. HOOPER, ASSISTANT COUNTY ATTORNEY TO ACT AS ATTORNEY IN FACT FOR THE COUNTY OF EAGLE, STATE OF COLORADO, WITH RESPECT TO ALPINE BANK LETTER OF CREDIT NO. 0550757201 IN THE AMOUNT OF $25,585.00 FOR THE ACCOUNT OF RED TABLE ACRES HOMEOWNERS ASSOCIATION FOR RIGHT OF WAY PERMIT NO. 3381 WHEREAS, on or about September 27, 2004, the Board of County Commissioners of the County of Eagle, State of Colorado ("Board") granted Right of Way Permit No. 3381 to Red Table Acres Homeowners Association ("Subdivider"); and I WHEREAS, the Subdivider provided collateral in the form of Letter of Credit in the ! amount of $25,585.00 to guarantee the faithful completion of the public improvements; and WHEREAS, said Letter of Credit expires March 24, 2007 and Subdivider has not provided extended collateral as requested; and WHEREAS, the Board finds, determines and declares that there has been a default under the Right of Way Grading Permit and a sum certain in the amount of $25,585.00 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, Bryan R. Treu, County Attorney; Robert L. Morris, Deputy County Attorney, and Christina L. Hooper, Assistant County Attorney are authorized to execute any and all documents necessary to draw upon said Letter of Credit. THAT, Bryan R. Treu, County Attorney; Robert L. Morris, Deputy County Attorney, and Christina L. Hooper, 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. J I-U-- ------- .. ! ~ EXHIBIT" 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 Bryan R. Treu, County Attorney; Robert L. Morris, Deputy County Attorney; and Christina L. Hooper, Assistant County Attorney of the County of Eagle, State of Colorado, has made, constituted and appointed, and by these presents does make, constitute and appoint the said Bryan R. Treu, Robert L. Morris and Christina L. Hooper 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. 0550757201 in the amount of $25,585.00 issued by Alpine Bank and to execute, make, endorse, and accept any documents necessary to accomplish the foregoing purpose. Hereby giving and granting unto Bryan R. Treu and/or Robert L. Morris and/or Christina L. Hooper, 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 March, 2007. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its ATTEST: BOAR OUNTY COMMISSIONERS . By: By: Clerk of the Board of Arn M. Menconi, County Commissioners Chairman --- ----- .... , Commissioner ~ moved adoption of the following Resolutio . BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2007- 0 ~ ~ RESOLUTION CONFERRING POWER OF ATTORNEY UPON BRYAN R. TREU, COUNTY ATTORNEY, ROBERT L. MORRIS, DEPUTY COUNTY ATTORNEY, CHRISTINA L. HOOPER, ASSISTANT COUNTY ATTORNEY TO ACT AS ATTORNEY IN FACT FOR THE COUNTY OF EAGLE, STATE OF COLORADO, WITH RESPECT TO ALPINE BANK LETTER OF CREDIT NO. 0550757201 IN THE AMOUNT OF $25,585.00 FOR THE ACCOUNT OF RED TABLE ACRES HOMEOWNERS ASSOCIATION FOR RIGHT OF WAY PERMIT NO. 3381 WHEREAS, on or about September 27, 2004, the Board of County Commissioners of the County of Eagle, State of Colorado ("Board ") granted Right of Way Permit No. 3381 to Red Table Acres Homeowners Association ("Subdivider"); and WHEREAS, the Subdivider provided collateral in the form of Letter of Credit in the amount of $25,585.00 to guarantee the faithful completion of the public improvements; and WHEREAS, said Letter of Credit expires March 24, 2007 and Subdivider has not provided extended collateral as requested; and WHEREAS, the Board finds, determines and declares that there has been a default under the Right of Way Grading Permit and a sum certain in the amount of $25,585.00 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, Bryan R. Treu, County Attorney; Robert L. Morris, Deputy County Attorney, and Christina L. Hooper, Assistant County Attorney are authorized to execute any and all documents necessary to draw upon said Letter of Credit. THAT, Bryan R. Treu, County Attorney; Robert L. Morris, Deputy County Attorney, and Christina L. Hooper, 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.