HomeMy WebLinkAboutR09-067 Arrowhead No 96006630 drawCommissioner .moved adoption
of the following Resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION N0.2009-~
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
COLORADO CAPITAL BANK LETTER OF CREDIT NO. 96006630 IN THE AMOUNT OF
$219,978.29 FOR THE ACCOUNT OF ARROWHEAD VALLEY DEVELOPERS, LLC
WHEREAS, on or about October 21, 2002, the Board of County Commissioners of the
County of Eagle, State of Colorado ("Board") entered into a Subdivision Improvements
Agreement with John and Diane Donovan ("Subdivider") for the approval of the Final Plat of
Arrowhead Ranch Planned United Development; and
WHEREAS, the Subdivider provided collateral in the form of Colorado Capital Bank
Letter of Credit No. 96006630 in the amount of $219,978.29; and
WHEREAS, said Letter of Credit expires July 19, 2009, 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 $219,978.29 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;
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 ~ day of July, 2009.
COUNTY OF EAGLE, STATE OF
COLORADO, By and Through Its
ATTEST: BOARD OF COUNTY COMMISSIONERS
Clerk to the Board of
County Commissioners
Commissioner
having been called, the
was as follows:
of the foregoing resolution. The roll
Commissioner Fisher
Commissioner Runyon
Commissioner Stavney
:mil ~ -
Sara J. Fisher ~
This Resolution passed by ~~~ vote of the Board of County Commissioners of
the County of Eagle, State of Colorado.
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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 Colorado Capital Bank Letter of Credit No. 96006630 in the amount of $219,978.29 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 day of July,
2009.
COUNTY OF EAGLE, STATE OF
COLORADO, By and Through Its
ATTEST: BOARD OF COUNTY COMMISSIONERS
B y: B y;
Clerk of the Board of Sara J. Fisher
County Commissioners 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 Sara J. Fisher, 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 , 2009.
My commission expires
Notary Public
TERM SHEET
1) Requested hearin;? date: July 14, 2009 - Letter of Credit will
expire on July 19, 2009
2) For County Manager si;anature: No
3) Reguestin;a department: County Attorney
4) Title: RESOLUTION CONFERRING POWER OF ATTORNEY UPON BRYAN
R. TREU, COUNTY ATTORNEY, ROBERT L. MORRIS, DEPUTY COUNTY ATTORNEY,
CHRISTINA C. HOOFER, 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 COLORADO CAPITAL BANK LETTER
OF CREDIT NO. 96000630 IN THE AMOUNT OF $219,97$.29 FOR THE ACCOUNT OF
ARROWHEAD VALLEY DEVELOPERS, LLC ~~
5)
6)
7)
8)
9)
10)
Check one: Consent:
Staff submitting:
Purpose: N/A
Schedule: Letter of Credit will expire on July 19, 2009
Financial considerations: $219,978.29
Other:
On the Record• X
Robert Morris
~'
~~~~
APP!®VAS~O~„~~M,~F:'
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Eagle County Attorney s Office=
caglE County Commissian~rs' Office
