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HomeMy WebLinkAboutR09-099 Letter of Credit Shadow Rock PUD` - / Commissioner ~~~ ~ ~~"`'~f''`"4~ ~1 moved adoption of the following Resolution: ~ BOARD OF COUNTY COMMISSIONERS COUNTY OF ~AGLE, STATE OF COLORADO RESOLUTION NO. 2009- ~~ J 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 ATTORNF,Y TO ACT AS ATTORNEY IN FACT FOR THE COUNTY OF EAGLE, STATE OF COLORADO, WITH RESPECT TO COLORADO CAPITAL BANK LETTER OF CREDIT NO. 96OOG51g IN THE AMOUNT OF $856,213.21 I'OR THE ACCOUNT OF SHADOW ROCK PUD WHEREAS, on or about December 6, 2005, the Board of County Commissioners of the County of Eagle, State of Colorado ("Board") entered into a Subdivision Improvements Agreement with Blue Ridge Investments Ltd and Kevin and Tammy Tucker ("Subdivider") for Shadow Rock PUD; and WHEREAS, the Subdivider provided collateral in the form of Colorado Capital Bank Lettei- of Credit No. 96006518 in the amount of $856,213.21; and WHEREAS, said Letter of Credit expires September 23, 2009; and Subdivider has not pi•ovided 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 $856,213.21 is requireci 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 docume,nts 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 Attoi-ney, 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 Conzmissioners, with regard to any and all actions that may be necessary to draw upon said Letter of CrecliC. 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 nZade a part hereof by this refei-ence. 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. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its ATTEST: BOARD OF COUNTY COMMISSIONERS o~ ~~~o°,. ~ ~ ~ ~ ~~t'~C ~ ~ - - ~ By: Clerk to the Bo rd of ~- * Sara J. Fish r County Commissioners ~o-~'° Chair ~ ~ --' ~~ ~,,~~ ___ y ` . ~ ~' - .. //':.. ~~! ~,, . , ~, Peter F. Runvon - / Jo~n Stavney -J ~ r~~mmissioner / \y~~ Commissioner -~''~ C2't"71c' <- seconded adoption of the foreboinb resolution. The roll having been called, the vote was as llows: Commissioner Fisher ~t'" Commissioner Runyon ~~c=z. Commissioner Stavney ,c L- This Resolution passed by ;~~ the County of Eagle, State of Colorado. vote of the Board of County Commissioners of EXHIBIT "A" POWER Or ATTORNEY KNOW ALL MEN BY THESE PRESENTS: T11at the County of Eagle, State of Colorado, a body politic and corporate, reposing special trust and confidence in Bryan R. Treu, CounCy 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 lawfi~l attorney for the Co~inty of Eagle, State of Colorado, has made, constituted and appointed, and l~y these presents does make, constiC~~te and appoint the said B~yan R. Treu, Robert L. Mocris, Christina C. Hooper; and Kyle L. Weber and each of thein, the ti~~~e and lawfill attori7ey 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 o~ Credit No. 96006518 in the amount of $856,213.21 and to execute, make, endorse, and accept any documents necessaiy to accomplish the foregoing pwpose. Hereby giving and granting unto Bryan R. Treu anci/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 ac~ and thing whatsoever requisite and necessary to be done in and about the premises, as fully to all intents and puiposes as it might or co~ild do if personally present, with full power of substitution and i•evocation, 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 Co~ulty of Eagle has caused its name to be signed by ~its Ch~lirman of the Board of County Commissio»ers, and its seal to be affixed and attested by its Clerk, all being done i~~ the Town of Eagle, and State of Colorado, on this i~-> day of September, 2009. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its ATTEST: ARD OF COUNTY COMMISSIONERS ~~ ~~ ° ; r~ ~ - ~ ~ : `_ ~ , ,, , K A~ i- $y; ~ a~' ~ z"lrf: }. . ~l``' "~ ~~> z Clerk of the Bo rd of '~ ~'ot~ J. Fisher County Commissioners ~`' hairman . . ~. STATE OF COLORADO ) j ss: County of Eagle ) I, ~~~,~~{-~ (,1~~;~k~'.4-~~~~ , 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 Clei-k 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 thei-ein set farth. Given under my hand and notary seal, this ~i~~" day of ~, ~ f ~, 2009. My commission expires ~"~ ~~ f~~ ~~( DEBORAH L CHURCHILL ,~~'~~~~~ ~~~~~'~ Notary Public State of Colorado Notary Public p~y Commisslon E~res Febn~arY 1 S. 2011