HomeMy WebLinkAboutR09-100 Letter of Credit Village Walk LLC/~a
Commissioner ~:~~'~ moved adoption
of the following Resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
R~SOLUTION NO. 2009-~ (~
RESOLUTION CONFERRING POWER OF ATTORNEY UPON BRYAN R. TREU, COUNTY
ATTORNEY, ROBERT L. MORRIS, DF,PUTY COUNTY ATTORNEY, CRRISTINA C. HOOPER~
ASSISTANT COUNTY ATTORNEY AND KYLE L. WEBER, ASSISTANT COUNTY ATTORNF,Y TO ACT
AS ATTORNEY IN FACT FOR THE COUNTY OF EAGLE, STATI: OF COLORADO, WITH RESPECT TO
1ST BANK OF VAIL LETTER OF CREDIT NO. H79-5231 IN THE AMOUNT OF ~145,258.41 FOR THE
ACCOUNT OF VILLAGE WALK, LLC
WHEREAS, on or about August 23, 2005, the Board of County Commissioners of the
County of Eagle, State of Colorado ("Board") entered into a Public Improvements Agreement
with Village Walk, LLC ("Subdivider"); and
WHEREAS, the Subdivider provided collateral in the form of ]st Bank of Vail Letter of
Credit No. 879-5231 in the amount of $145,258.41; and
WHEREAS, said Letter of Credit expires September 25, 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 $145,258.41 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, Biyan 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 Chi-istina C. Hooper, Assistant County Attorney, and Kyle L. Weber, Assistant Col~nty
Attorney are hereby gcanted power of attorney to act as attorney in fact for the County of Eagle,
State of Colora~do, and iCs Board of County Commissioners, with i-egard 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
p~u•poses contemplated herein in the form attached to this Resolution as Exhibit "A" and made a
part hereof by this reference.
MOVED, READ AND ADOPTI~,D by the Board of County Corynissioners of the
County of Eagle, State of Colorado, at its regular meeting held the _~~~ day of September,
2009.
ATTEST:
i CC.~~~ ~ /
Clerk to the Boar of
County Commissioners
COUNTY OF EAGLE, STATE OF
COLORADO, By and Through Its
BOARD OF COUNTY COMMISSIONERS
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Peter F. Runyon , ~
Sai•a J. Fisher"
Chairi ' ~~
~ J n Stavriey
C mmissioner
Commissioner ~, ,~t~ ~' } ~~' ~" seconded adoption of the foregoing resolution. The roll
having been called,~the vote wa~-a~ follows:
Commissioner Fisher v`ti"~
Commissioner Runyon ~ "
Commissioner Stavney
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This Resolution passed by ~~, vote of the Board of County Commissioners of
the County of Eagle, State of Colorado.
EXHIBIT "A"
POWER OF ATTORN~Y
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 Biyan R. Treu,
Co~lnty Attorney; Robert L. Morris, Deputy County Attorney; Christina C. Hooper, Assistant
County Attoi-ney; 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. Hoopei; 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 lst Bank of Vail Letter of Credit No. 879-5231 in the amount of $145,258.41 and to
execute, make, endorse, and accept any documents necessaiy 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 filll power
of substitution and i°evocation, hereby ratifying and confirming all that its said attorney or his
substitutes shalllawfully 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 Cominissioners, and its seal to be affixed and attest~ 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: ~~ RD OF COUNTY COMIVIISSIONERS
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B :~ ~-~ ~ r ~ ~~.w}-t ~ _
Y~- ` ~
Clerk of the Board of ~`c~,~Q~p a 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 Colinty 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 Cherein set forth.
Given under my hand and notary seal, this 15~~ day of ~~`~~~'~~N2009.
M o ~ ?~ -~~' l i
DEBORAH L CHURCHILL
Notary Public
State of Colorado ~ ~~ ~~/~,{~{/'~
My Cr,mmisslon Explros FebniaN 18. p>> Notary Public
