HomeMy WebLinkAboutR10-026 Raining Sun Enterprises Letter of CreditCommissioner moved adoption
of the following Resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 2010-
RESOLUTION CONFERRING POWER OF ATTORNEY UPON BRYAN R. TREU, COUNTY
ATTORNEY, ROBERT L. MORRIS, DEPUTY COUNTY ATTORNEY, AND CHRISTINA C. HOOFER,
ASSISTANT COUNTY ATTORNEY TO ACT AS ATTORNEY IN FACT FOR THE COUNTY OF EAGLE,
STATE OF COLORADO, WITH RESPECT TO AMERICAN NATIONAL BANK LETTER OF CREDIT
NO. 119 IN THE AMOUNT OF $171,262.48 IN THE NAME OF RAINING SUN ENTERPRISES, INC.
FOR THE ACCOUNT OF BELLE TERRE SUBDIVISION
WHEREAS, on or about April 3, 2007 the Board of County Commissioners of the
County of Eagle, State of Colorado ("Board") entered into a Subdivision Improvements
Agreement with Raining Sun Enterprises, Inc. ("Subdivider") for the approval of the final plat for
Belle Terre Subdivision; and
WHEREAS, the Subdivider provided collateral in the form of American National Bank
Letter of Credit No. 119 in the amount of $171,262.48; and
WHEREAS, said Letter of Credit expires April 3, 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 $171,262.48 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. Treu, 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 March 2010.
COUNTY OF EAGLE, STATE OF
COLORADO, By and Through Its
ATTEST: BOARD OF COUNTY COMMISSIONERS
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Clerk to the Board of c~c ~~ Sara J.
County Commissioners ~ ~~ ~hairn
Join Stavney
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Peter F. Runyon
Commissioner
Commissioner seconded adoption of the foregoing resolution. The roll
having been called, the vote was as follows:
Commissioner Fisher ~w
Commissioner Stavney
Commissioner Runyon
This Resolution passed by ~/~ vote of the Board of County Commissioners of
the County of Eagle, State of Colorado.
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; and 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, Christina C. Hooper, and each of them, the
true and lawful attorney for the County of Eagle; and in its came, place and stead, for its sole use
and benefit, to draw upon American National Bank Letter of Credit No. 11.9 in the amount of
$171,262.48 for the account of Belle Terre Subdivision 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 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 aattested by its
Clerk, all being done in the Town of Eagle, and State of Colorado, on this ~~ day of March,
2010.
COUNTY OF EAGLE, STATE OF
COLORADO, By and Through Its
ATTEST: ,o~ ~'°`"'~ ~~BOARD OF COUNTY COMMISSIONERS
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By. 9.~n,T'~ BJ' ~ ~~~ L _L, ~ ~,~~~
Clerk of the Board of Sara J. Fisher
County Commissioners Chairman
STATE OF COLORADO )
ss:
County of Eagle )
I, k~~'~~~ ~ ~'~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 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 ~.w~ ~~~ , 2010.
My commission expires ~~ ~ b I ) ~~~
DEBORAH L CHURCHILL ~ `,a,~i~,~,~''~,~.~(,1
Notary Public Notary Public
State of Colorado
My Commission F~Ires Febn~Ory 18, 2011
