HomeMy WebLinkAboutR09-094 Letter of Credit Two Rivers Village Phase IICommissioner I~--'V ~- h ~~.. moved adoption
of the following Resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 2009- O ~ ~
RESOLUTION CONFERRING POWER OF ATTORNEY UPON BRYAN R. TRF,U, COUNTY
ATTORNEY, ROBERT L. MORRIS, DEPUTY COUNTY ATTORNEY, CHRISTINA C. HOOPER,
ASSISTANT COUNTY ATTORNEY AND KYLE L. WEBF,R, ASSISTANT COUNTY ATTORNEY TO ACT
AS ATTORNEY IN FACT FOR THE COUNTY OF E~GLE, STATE OF COLORADO, WITH RESPECT TO
ALPINF, BANK LETTER OF CREDIT NO. 0260295433 IN THE AMOUNT OF ~90,600.~0 FOR THE
ACCOUNT OF DOTSERO REALTY PARTNERS, LLLP - TWO RIVERS VILLAGE PHASE II -
LANDSCAPING CARRYOVER
WHEREAS, on or about March 20, 2007, the Board of County Commissioners of the
County of Eagle, State of Colorado ("Board") entered into a Subdivision Improvements
Agreement with Dotsero Realty Partners, LLLP ("Subdivider") for approval of the Final Plat of
Two Rivers Village Subdivision, Phase II; and
WHEREAS, the Subdivider provided collateral in the form of Alpine Bank Letter of
Credit No. 0260295433 in the amount of $90,600.00; and
WHEREAS, said Letter of Credit expires September 15, 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 $90,600.00 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. TreL~, County Attorney; Robert L. Marris, Deputy County Attorney;
Christina C. Hooper, Assistant County Attorney and Kyle L. Weber, Assistant County Attorney
are a~~thorized to exec~ite 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 necessaiy 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 Resoll~tion 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 September,
2009.
ATTEST:
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COUNTY OF EAGLE, STATE OF
COLORADO, By and Through Its
BOARD OF COUNTY COMMISSIONERS
. . `,
Clerk to the B ard of
County Commissioners
~
By:
Sara J. Fishe
,S"k~in
c~~ -- -~
Peter F. Runyo
~~Commissioner '
~
J~n Stavney
~ Lpmrnissioner
~ ,
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Commissioner ~~~ ~y seconded adoption of the foregoing resolution. The roll
having been called, the vote was as follows:
Commissioner Fisher
Commissioner Runyon
Commissioner Stavney
This Resolution passed by ` 1 U
the County of Eagle, State of Colorado.
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vote of the Board of County Commissioners of
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 Col~nty of Eagle; and in its name, place and stead, for its sole use and benefit, to draw
upon Alpine Bank Letter of Credit No. 0260295433 in the amount of $90,600.00 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
September, 2009.
COUNTY OF EAGLE, STATE OF
COLORADO, By and Through Its
ATTEST: ~~~ BOARD OF COUNTY COMMISSIONERS
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C~.-~ ~, ,_ . `~ ~ ~
By: r~; '`v~ * ' '~y: _ r
Clerk of the Board of `~'o~,~Q~~,o ~ Sara J. Fisher
County Commissioners Chaiiman
STATE OF COLORADO )
~ SS:
County of Eagle )
I, 1~~:~~ ~~~~~~~ ~: , 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 witllin 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 ~ ~ ~~ ~~~ ~~ ~
DEBO Y FubI1cH~LL ~~~ I~~.~/i C I~/, ,,^
'l ~l W~ ~~
Stat~ of Colora do Notary Public
p~y Commleabn ExRkes PebruarY 18. 2011
~
TERNISHEET
1) ReUUested hearin~ date: September 8, 2009 - Letter of Credit will
expire on September 15, 2009
2)
For County
Manager si~
nature: No ~
:"~ ~
3) Requestin~ department: County Attorney
4) Title: R~SOLUTION CONI~'ERRING 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
F,AGLF,, STATF OF COI,ORADO, WITH RESPECT TO ALPINE BANK LETTER OF CREDIT
NO. 0260295433 iN TxE ai~ouNT oF $90,600.00 FOR THE ACCOUNT OF DOTSERO
REALTY PARTNERS, LLLP - TWO RIVERS VILLAGF_. PHASI: II - LANDSCAPING
CARRYOVER
5) Check one: Consent: On the Record: X
6) Staff submitting: Bryan Treu
7) Purpose: N/A
8) Schedule: Letter of Credit will expire on September 15, 2009
9) Financial considerations: $90,600.00
10) Othe-•:
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