HomeMy WebLinkAboutR10-115 Blue Ridge Investments Letter of Credit Commissioner / / moved adoption
of the following Resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 2010- 1
RESOLUTION CONFERRING POWER OF ATTORNEY UPON BRYAN R. TREU, COUNTY
ATTORNEY, ROBERT L. MORRIS, DEPUTY COUNTY ATTORNEY, CHRISTINA C. HOOPER,
ASSISTANT COUNTY ATTORNEY AND DIANE H. MAURIELLO, ASSISTANT COUNTY ATTORNEY
TO ACT AS ATTORNEY IN FACT FOR THE COUNTY OF EAGLE, STATE OF COLORADO, WITH
RESPECT TO COLORADO CAPITAL BANK LETTER OF CREDIT NO. 96006518 IN THE AMOUNT
OF $856,213.21 FOR THE ACCOUNT OF BLUE RIDGE INVESTMENTS, LTD.
WHEREAS, pursuant to C.R.S. §30 -28 -137, the Board of County Commissioners of the
County of Eagle, State of Colorado ( "County ") entered into a Subdivision and Off -Site
Improvements Agreement dated December 6, 2005 ( "Agreement ") with Blue Ridge Investments,
Ltd. And Kevin and Tammy Tucker ( "Subdivider ") as a condition of approval of the final plat for
Shadow Rock PUD;
WHEREAS, by the First Amendment to Subdivision Off-Site on and Off Site Im p rovements
Agreement dated February 6, 2007, ("First Amendment"), the Subdividers Kevin and Tammy
Tucker conveyed their interest in the property to Blue Ridge Investments, Ltd.; and Subdivider
provided collateral in the amount of $856,213.21 by Letter of Credit No. 96006518 from
Colorado Capital Bank;
WHEREAS, said Letter of Credit will expire on September 23, 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 $856,213.21 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;
Christina C. Hooper, Assistant County Attorney and Diane H. Mauriello, 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;
Christina C. Hooper, Assistant County Attorney and Diane H. Mauriello, 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 September
2010.
COUNTY OF EAGLE, STATE OF
COLORADO, By and Through Its
ATTEST: BOARD OF COUNTY COMMISSIONERS
•
rte, �� ass ` , y:
Cler to the Bo. d of ' Sara J. Fis -
County Commissioners tranaP, •hairmJ
Jon Stavney
• missioner
Peter F. Runyon
Commissioner
Commissioner seconded adoption of the foregoing resolution: The roll
having been called, the vote was as follows:
Commissioner Fisher de
Commissioner Stavney
Commissioner Runyon or
This Resolution passed by 0 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; Christina C. Hooper, Assistant
County Attorney; and Diane H. Mauriello, 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 Diane H. Mauriello, 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 Colorado Capital Bank Letter of Credit No. 96006518 in the amount of
$856,213.21 for the account of Blue Ridge Investments, Ltd. and to
g 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 and /or Diane H. Mauriello 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 and attested by its
Clerk, all being done in the Town of Eagle, and State of Colorado, on this 7l day of
September, 2010.
COUNTY OF EAGLE, STATE OF
COLORADO, By and Through Its
ATTEST: Ar - :: A RD OF COUNTY COMMISSIONERS
By: .r ,e k i< < . ._ •. LI L
Clerk of the Board f A , _ ' ;,' • . Fisher
County Commissioners airman
STATE OF COLORADO )
) ss:
County of Eagle )
I, IC � �(( (�tUL, 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 i ) - 1 day of ALLI Jet , 2010.
My commission expires ? ( ) H
Vt/GUA (VV( //(1
Notary Public
