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HomeMy WebLinkAboutR04-053 Arrowhead Valley Development Letter of Creditr Commissioner moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2004 RESOLUTION CONFERRING POWER OF ATTORNEY UPON DIANE H. MAURIELLO, COUNTY ATTORNEY, WALTER MATHEWS, IV, DEPUTY COUNTY ATTORNEY, BRYAN R. TREU, ASSISTANT COUNTY ATTORNEY, AND DEBBIE FABER, ASSISTANT COUNTY ATTORNEY, TO ACT AS ATTORNEY IN FACT FOR THE COUNTY OF EAGLE, STATE OF COLORADO, WITH RESPECT TO LETTER OF CREDIT NO. 65 IN THE AMOUNT OF $1,442,384.90 FOR THE ACCOUNT OF ARROWHEAD VALLEY DEVELOPMENT, LLC DRAWN ON MESA NATIONAL BANK AND EXPIRING ON MAY 19, 2004 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 ("Agreement") dated October 22, 2002 with Arrowhead Valley Development, LLC as a condition of final plat approval for Arrowhead River Ranch Subdivision; and WHEREAS, the Subdivider provided collateral in the form of Letter of Credit No. 65 in the amount of $1,442,384.90 to guarantee the faithful completion of the public improvements; and WHEREAS, said Letter of Credit in the amount of $1,442,384.90 will expire on May 19, 2004; and WHEREAS, the Board finds, determines and declares that there has been a default under the Agreement and that a sum certain of $1,442,384.90 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; Walter Mathews, IV, Deputy County Attorney, Bryan R. Treu, Assistant County Attorney; and Debbie Faber, Assistant County Attorney, are authorized to execute any and all documents necessary to draw upon said Letter of Credit. THAT, Diane H. Mauriello, County Attorney; Walter Mathews, IV, Deputy County Attorney, Bryan R. Treu, Assistant County Attorney; and Debbie Faber, 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 necessazy 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 Boazd of County Commissioner of the County of Eagle, State of Colorado, at its regular meeting held the ~ day of -~ , 2004. -~ ATTEST: Clerk to the Board of County Commissioners COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS p~ ~GtF C a~ ~ . By: IORA9~ Michael L. Gallagher Chairman Commissioner `~~ seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Michael L. Gallagher l~7-P~ Commissioner Tom C. Stone ~O _ Commissioner Arn M. Menconi _~_~ This Resolution passed by ~/~ vote of the Board of County Commissioners of the County of Eagle, State of Colorado. Commissioner 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 Diane H. Mauriello, County Attorney; Walter Mathews, IV, Deputy County Attorney, Bryan R. Treu, Assistant County Attorney, and Debbie Faber, 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 Diane H. Mauriello, Walter Mathews, IV, Bryan R. Treu and/or Debbie Faber 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. 65 in the amount of $1,442,384.90 issued by Mesa National Bank 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 Walter Mathews, IV and/or Bryan R. Treu and/or Debbie Faber, 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 2004. ATTEST: By: Clerk of the Board of County Commissioners COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS By: Michael L. Gallagher Chairman i t 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 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 , 2004. My commission expires Notary Public G: UKS\resolutions\Arrowhead. doc File No. G-2002-63