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HomeMy WebLinkAboutR12-058 Willits Bend LLC Letter of Credit Commissioner C JAA,) L4I( `'t moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2012- U o _ u 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 AMERICAN NATIONAL BANK LETTER OF CREDIT No. 123 IN THE AMOUNT OF $79,878.00 FOR THE ACCOUNT OF WILLITS BEND LLC WHEREAS, on or about May 15, 2007 the Board of County Commissioners of the County of Eagle, State of Colorado ( "Board ") entered into a Subdivision Improvements Agreement with Willits Bend Development Company ( "Subdivider ") as a condition of approval for Willits Bend PUD Phase I; and WHEREAS, the Subdivider provided collateral in the form of American National Bank Letter of Credit No. 123 in the amount of $79,878.00; and WHEREAS, said Letter of Credit will expire on June 18, 2012 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 $79,878.00 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 June 2012. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its ATTEST: og -e .. BOARD OF COUNTY COMMISSIONERS ro, • tor ' 4•0■ ,111119. Clerk to the Boa d of Peter F. Runyon County Commissioners hai , an Jog avney C ��missioner • Alt it • A Sara J. Fis er Commissioner Commissioner « seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Runyon t 14 M C ommissioner Stavney ". '^ Commissioner Fisher This Resolution passed by / U 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 American National Bank Letter of Credit No. 123 in the amount of $79,878.00 for the account of Willits Bend LLC 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 t l - day of June 2012. X4. ` il COUNTY OF EAGLE, STATE OF * - •e COLORADO, By and Through Its ATTEST: 0 4koa BOARD OF COUNTY COMMISSIONERS By: ' / a B Clerk of the Boar of Peter F. Runyon County Commissioners Chairman 4 STATE OF COLORADO ) ) ss: County of Eagle ) I, G ()/( (.t',Uk, Notary Public in and for said Eagle County, in the State aforesaid, do hereby certify that Peter F. Runyon, 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 12 day of JUN , 2012. My commission expires 3/9 DEEOR; ,� �, ILL ( . �..I_.. l f/UW k..0 It Notary Public S A Ot COLORAOO MY COMMISSION EXPIRES 312412015