HomeMy WebLinkAboutR09-095 Letter of Credit Two Rivers Village Phase II1
Commissioner I-'~~ --' i,' ~ moved adoption
of the following Resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 2009- ~i`~ 5
RESOLUTION CONFERRING POWER OF ATTORNEY UPON BRYAN R. TREU, COUNTY
ATTORNEY, ROBERT L. MORRIS, DEPUTY COUNTY ATTORNEY, CHRISTINA C. HOOPER,
ASSISTANT COUNTY ATTORNEY ANll KYLE L. WEB~R, ASSISTANT COUNTY ATTORNEY TO ACT
AS ATTORNEY IN FACT FOR THE COUNTY Or EAGLF,, STATL OF COLORADO, WITH RESPECT TO
ALPINE BANK LETTER OF CREDIT NO. 0250658435 IN THE AMOUNT OF ~99,092.18 FOR THE
ACCOUNT OF DOTSERO REALTY PARTNERS~ LLLP - TWO RIVERS VILLAGE PHASE II
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 Realry Partners, LLLP ("Subdivider") for approval of the Final Plat of
Two Rivei°s Village Subdivision, Phase II; and
WHEREAS, the Subdivider provided collateral in the form of Alpine Bank Letter of
Credit No. 0250658435 in the amount of $99,092.18; and
WHEREAS, said Letter of Credit expires September 15, 2009; and Subdivider has not
provided extended collateral as ~~equested; 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 $99,092.18 is required to remedy the default.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF THE COUNTY OF EAGL~, STATE OF COLORADO:
THAT, Bryan R. Ti-eu, County Attorney; Robert L. Morris, Deputy County Attorney;
Christina C. Hooper, Assistant County Attorney and Kyle L. Weber, Assistant County Attorney
are authorized Co 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 Comil7issioners, with i•egard to any and all actions
that may be necessary to dr•aw upor~ 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.
/
STATE OF COLORADO )
) ss:
County of Eagle )
I, r~~~~~{. '~~lu~~rU.~. , Notaiy 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
Cotmty 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 fi-ee and voluntary act and deed, for the uses and purposes therein set forth.
Given under my hand and notaiy seal, this ~ day of , 2009.
My commission expires ~ ~v t
DECiORAH L CHILL
~lotary Public ~~J~ C~/~~
State ~f Coi~rado Notary Public
My Commlaslon Expke~ Februcxy 18, 2011
TERM SHEET
1) Requested hearing date: September 8, 2009 - Letter of Credit will
expire on September 15, 2009
2) For County Mana~er si~nature: No
~
3) Requestin~ department: County Attorney ~
4) Title: 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 ALPINF, RANK LF,TTF,R OF CREDIT
NO. 0250658435 ~;v THE ~MOUNT oF $99,092.18 FOR THE ACCOUNT OF DOTSERO
REALTY PARTNERS~ LLLP - TWO RIVERS VILLAGE PHASE II - SECURITY FOR
WARRANTY PERIOD
$)
6)
7)
8)
Check one: Consent:
Staff submitting:
Purpose: N/A
Schedule: Letter of Credit will expire on September 15, 2009
On the Record: X
Bryan Treu
9) Financial considerations: $99,092.18
10) Other:
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APP!~ ED AS TO FORM ~
8y:
Eagle ~ounty Attorney's Office
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cagls County Cc~m~nissionr~rs' Offico
