HomeMy WebLinkAboutR11-128 Kummer Development Letter of Credit Commissioner ---- moved adoption
of the following Resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 2011-ri
AMENDED 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 US BANK LETTER OF CREDIT NO. SLCPPDX04336 IN THE
AMOUNT OF $127,614.58 FOR THE ACCOUNT OF KUMMER DEVELOPMENT CORP. - SALT
CREEK EQUESTRIAN CENTER
WHEREAS, on or about September 2, 2008, the Board of County Commissioners of the
County of Eagle, State of Colorado ( "Board ") entered into a Public Improvements Agreement
with Kummer Development Corporation relative to Salt Creek Equestrian Center ( "Subdivider ");
and
WHEREAS, the Subdivider provided collateral in the form of US Bank Letter of
Credit No. SLCPPDX04336 in the amount of $127,614.58; and
WHEREAS, said Letter of Credit expires September 30, 2011; 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 $127,614.58 is required to remedy
the default; and
WHEREAS, there has been a default in the construction of Public Improvements
required by the County of Eagle, State of Colorado, pursuant to that certain Public
Improvements Agreement dated September 2, 2008 between the County of Eagle, Colorado
and Kummer Development Corporation relative to the Salt Creek Equestrian Center; and
WHEREAS, the amount drawn t d awn is reasonably required to remedy the default.
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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 October,
2011.
COUNTY OF EAGLE, STATE OF
COLORADO, By and Through Its
ATTEST: BOARD OF COUNTY COMMISSIONERS
(1 6.114.;4
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- 11 ) 1 1 tl k,
• ►:*4 T
erk to the Board of o #o o Jr, n Sta -
County Commissioners • ' A n
/� / /Li,
Peter F. Runyon
Commissioner
g .„ .. 7 77..
Sara J. Fis er
Commissioner
Commissioner seconded adoption of the foregoing resolution. The
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roll having been called, the ote was as follows:
Commissioner Stavney QAIt'
Commissioner Runyon
Commissioner Fisher �
- . passed b
vote of the Board of County by 16 This Resolution Y 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 US Bank Letter of Credit No. SLCPPDX04336 in
the amount of $127,614.58 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 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 Eli day of
October, 2011.
COUNTY OF EAGLE, STATE OF
COLORADO, By and Through Its
ATTEST: BOArF\COUNTY CO ■, MISSIONERS
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t iva; i
B ,..� :�A "i' S, B y : 4r
NMI
Clerk of the B rd of %toRA„ .' Jon Stavne
County Commissioners Chairman
STATE OF COLORADO )
) ss:
County of Eagle )
l acn 1 ^ '
I, IA' (4 ( A/ ' Notary Public in and for said Eagle County, in the State aforesaid,
do hereby certify that Jon Stavney, 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 1 S day of o
a , 2011.
My commission expires �'/�
t--I /
DEBORAH LYNN CHUF Notary Public
NOTARY PUBLIC
STATE OF COLOR/
MY COMMISSION EXPIRE' • : r2015
