HomeMy WebLinkAboutR09-128 Siloam Spring Dev Letter of Credit~~
Commissioner v~ ~~ ~~ moved adoption
of the following Resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
0
RESOLUTION NO. 2009- Iv ~
RESOLUTION CONFERRING POWER OF ATTORNEY UPON BRYAN R. TREU, COUNTY
ATTORNEY, ROBERT L. MORRIS, DEPUTY COUNTY ATTORNEY, AND CHRISTINA C. HOOPER,
ASSISTANT COUNTY ATTORNEY TO ACT AS ATTORNEY IN FACT FOR THE COUNTY OF EAGLE,
STATF. OF COLORADO, WITH RESPECT TO ALPINE BANK LETTER OF CREDIT NO. 0360214133
THE AMOUNT OF 21,087.38 FOR THE ACCOUNT OF RICHARD L. MAYNE AND LUANNE MAYNE
FOR THE SILOAM SPRINGS DEVELOPMENT
WHEREAS, on or about October 3, 2006, the Board of County Commissioners of the
County of Eagle, State of Colorado ("Board") entered into a Subdivision and Off-site
Improvements Agreement with Richard L. Mayne and Luanne Mayne ("Subdivider") as a
condition of final plat approval for Siloam Springs Development; and
WHEREAS, the Subdivider provided collateral in the form of Alpine Bank Letter of
Credit No. 0360214133 in the amount of $21,087.38; and
WHEREAS, said Letter of Credit expires January 1, 2010; 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 $21,087.38 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. Tree, County Attorney; Robert L. Morris, Deputy County Attorney;
and Christina C. Hooper, 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, 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 December,
?009.
ATTEST:
COUNTY OF EAGLE, STATE OF
COLORADO, By and Through Its
BOARD OF COUNTY COMMISSIONERS
By:
Sara J. Fisher
Chairm
~~~
Peter F. Runyon
J~n Stavney
C mmissioner
Commissioner r~`-I ~~ seconded adoption of the foregoing resolution. The roll
having been called, the vote was as follows:
Commissioner Fisher ~+'T/~C-~~I
Commissioner Runyon "
Commissioner Stavney h
This Resolution passed by ~ I b
the County of Eagle, State of Colorado.
vote of the Board of County Commissioners of
County Commissioners
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 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, and Christina C. Hooper; 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 Alpine Bank Letter of Credit No. 0360214133 in the amount of
$21,087.38 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 said attorneys, full power and authority to do and perform al] 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 Ti I day of
December, 2009.
COUNTY OF EAGLE, STATE OF
COLORADO, By and Through Its
ATTEST: ,~oF ~~~ OARD OF COUNT~COMJ~I/// ^ISSIONERS
Clerk of the Bold of ~~;~"" Peter F. Runyon
County Commissioners Vice Chairman
STATE OF COLORADO )
ss:
County of Eagle )
I, 1~~7.t,'l ~t.~ ~' ~~l ~~..a~~I1,~U ,Notary Public in and for said Eagle County, in the State aforesaid,
do hereby certify that Peter F. Runyon, Vice 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 1.~,~~'t~~~~-l , 2009.
My commission expires ,Z ~ ~'~ ~ U
DEBORAH L CHURCHILL j~ `
Notary Public ="~~~'~~'~'~~~~'~'~'~
State Of Colorado Notary Public
My CCrtvn~ielAn 6)g7kGi FebndExy 18, 2011
