HomeMy WebLinkAboutR08-125 Power of Attorney - Letter of Credit No. SLCPPDX03678 Kummer Development (FrostCreek) • Commissioner "S u4r moved adoption
of the following Resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE,STATE OF COLORADO
RESOLUTION NO. 2008-
RESOLUTION CONFERRING POWER OF ATTORNEY UPON BRYAN R.TREU,COUNTY
ATTORNEY,ROBERT L.MORRIS,DEPUTY COUNTY ATTORNEY,CHRISTINA C.HOOPER,
ASSISTANT COUNTY ATTORNEY AND KYLE L.WEBER,ASSISTANT COUNTY ATTORNEY TO ACT
AS ATTORNEY IN FACT FOR THE COUNTY OF EAGLE,STATE OF COLORADO,WITH RESPECT TO
LETTER OF CREDIT NO.SLCPPDX03678 IN THE AMOUNT OF$620,566.92 FOR THE ACCOUNT
OF KUMMER DEVELOPMENT(FROST CREEK)
WHEREAS, on or about April 4, 2006 the Board of County Commissioners of the
County of Eagle, State of Colorado ("Board") entered into a Subdivision Improvements
Agreement ("Agreement") with Adam's Rib relative to the Frost Creek PUD ("Subdivider"); and
WHEREAS, the Subdivider provided collateral in the form of Letter of Credit No.
SLCPPDX03678 in the amount of$620,566.92; and
• WHEREAS, said Letter of Credit expires November 30, 2008; 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 $620,566.92 for Letter of Credit No.
SLCPPDX03678.
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 Kyle L. Weber, Assistant County Attorney
are authorized to execute any and all documents necessary to draw upon said Letters of Credit.
THAT, Bryan R. Treu, County Attorney; Robert L. Morris, Deputy County Attorney;
Christina C. Hooper, Assistant County Attorney; and Kyle L. Weber, 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
411 purposes contemplated herein in the form attached to this Resolution as Exhibit "A" and made a
part hereof by this reference.
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• MOVED, READ AND ADOPTED by the Board of County Commissioners of the
County of Eagle, State of Colorado, at its regular meeting held the ( 0 day of November,
2008.
COUNTY OF EAGLE, STATE OF
COLORADO, By and Through Its
ATTEST: BOARD OF COUNTY COMMISSIONERS
of EAr,4t‘‘iit CC%
Clerk to the Boa of rotaRoo Peter F. Runyon
County Commissioner Chairman
tjy; PILIN
Ir . . I
ara . ' sher
sioner
"_0 j
M. Menconi
Commissioner
411 Commissioner k -4—+e.-41 A.. I seconded adoption of the foregoing resolution. The roll
having been called, the vote was as follows:
Commissioner Runyon °
Commissioner Fisher
Commissioner Menconi
This Resolution passed by /6 vote of the Board of County Commissioners of
the County of Eagle, State of Colorado.
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• 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 Kyle L. Weber, Assistant County Attorney of 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 Kyle L. Weber
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 Letter of Credit No. SLCPPDX03678 in the
amount of $620,566.92 issued by US Bank and to execute, make, endorse, and accept any
documents necessary to accomplish the foregoing purpose.
Hereby giving and granting unto Bryan R. Treu and/or Robert L. Morris and/or Christina
C. Hooper and/or Kyle L. Weber said attorneys, full power and authority to do and perform all
and every act and thing whatsoever requisite and necessary to be done in and about the premises,
as fully to all intents and purposes as it might or could do if personally present, with full power
of substitution and revocation, hereby ratifying and confirming all that its said attorney or his
substitutes shall lawfully do or cause to be done by virtue hereof.
• IN WITNESS WHEREOF, the County of Eagle has caused its name to be signed by its
Chairman of the Board of County Commissioners, and its seal to be affixed and attested by its
Clerk, all being done in the Town of Eagle, and State of Colorado, on this I$ day of
November, 2008.
COUNTY OF EAGLE, STATE OF
COLORADO, By and Through Its
ATTEST: p4l cap BOARD OF COUNTY COMMISSIONERS
:ftk a By.
Clerk of the :oard of cOLOat' Peter F. Runyon
County Commissioners Chairman
IPS v i
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• STATE OF COLORADO )
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County of Eagle )
I, , 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 day of , 2008.
My commission expires
Notary Public
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