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HomeMy WebLinkAboutR08-068 Big O Tires Subdivision Letter of CreditCommissioner ~ 5~ ~-- of the following Resolution: moved adoption BOARD OF COUNTY COMIVIISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION N0.2008- ~~ 0 RESOLUTION CONFERRING POWER OF ATTORNEY UPON BRYAN R. TREU, COUNTY ATTORNEY, ROBERT L. MORRIS, DEPUTY COUNTY ATTORNEY, CHRISTINA C. HOOPER, ASSISTANT COUNTY ATTORNEY AND KYLE L. WEBER, ASSISTANT COUNTY ATTORNEY TO ACT AS ATTORNEY IN FACT FOR THE COUNTY OF EAGLE, STATE OF COLORADO, WITH RESPECT TO TIMBERLINE BANK LETTER OF CREDIT NO.107 IN THE AMOUNT OF $48,112.24 FOR THE ACCOUNT OF EAGLE VAIL MAGI INVESTORS, LLC - BIG O TIRES SUBDIVISION WHEREAS, on or about July 17, 2006, the Board of County Commissioners of the County of Eagle, State of Colorado ("Board") entered into a Subdivision Improvements Agreement with Eagle-Vail Mag7 Investors, LLC ("Subdivider") for approval of the Final Plat of Big O Tires Minor Subdivision; and WHEREAS, the Subdivider provided collateral in the form of Timberline Bank Letter of Credit No. 107 in the amount of $48,112.24; and WHEREAS, said Letter of Credit expires June 20, 2008; 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 Agreement and a sum certain in the amount of $48,112.24 is required to remedy the default. f 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; Christina C. Hooper, Assistant County Attorney and Kyle L. Weber, 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 C. Hooper, Assistant County Attorney, and Kyle L. Weber, 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, State of Colorado, at its regular meeting held the 11 day of June, 2008. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its ATTEST: BOARD OF COUNTY COMMISSIONERS °~ ~c~. .~ Clerk to the B rd of County Commissioners c~'~oa~°j0 B y~~ Peter F. Runyon Chairman Sara J. Fisher Commissioner Arn M. Menconi Commissioner Commissioner ~~~ `t tl~- seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Runyon Gi'~ Commissioner Fisher `~ Commissioner Menconi ~hS[.~.--( 2 This Resolution passed by d vote of the Board of County Commissioners of the County of Eagle, State of Colorado. 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; Christina C. Hooper, Assistant County Attorney; and Kyle L. Weber, Assistant County Attorney and each of them, the true and lawful attorney for 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, Christina C. Hooper; and Kyle L. Weber 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 Timberline Bank Letter of Credit No. 107 in the amount of $48,112.24 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 C. Hooper and/or Kyle L. Weber 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 l~ day of June, 2008. ATTEST: c~ ~~'~ ~, ~ e Clerk of the B rd of County Commissioners c°~~'~ ~~• ~~ -- -- - Zvi ~ COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY CO IONERS By~ Peter F. Runyon Chairman STATE OF COLORADO ) ss: County of Eagle ) I, ~ ,Notary Public in and for said Eagle County, in the State aforesaid, do hereby rtify that P ter F. Runyon, Chairman of the Board of County Commissioners of the County of Eagle, State of Colorado, and Teak J. Simonton, 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 ~-~-~-- , 2008. My commission expires ~ '~ Z© i7 ~J Notary Public NANCY R. WRIGHT NOTARY PUBLIC STATE OF COLORADO ~.. My Commission Expires 12/18/2010