HomeMy WebLinkAboutR06-019 Draw on Vail Clinic LOC
Commissioner ~~ moved adoption
of the following Resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 2006-.t2i.9
RESOLUTION CONFERRING POWER OF ATTORNEY UPON BRYAN R. TREU,
COUNTY ATTORNEY, WALTER MATHEWS, IV, DEPUTY COUNTY ATTORNEY,
ROBERT L. MORRIS, ASSISTANT COUNTY ATTORNEY TO ACT AS ATTORNEY
IN FACT FOR THE COUNTY OF EAGLE, STATE OF COLORADO, WITH RESPECT
TO LETTER OF CREDIT NO. 8319278 IN THE AMOUNT OF $88,372.00 FOR THE
ACCOUNT OF V AIL CLINIC, INC. DRAWN ON 1ST BANK OF V AIL EXPIRING ON
MARCH 12, 2006.
WHEREAS, pursuant to C.R.S. 30-28-137, the Board of County Commissioners of the
County of Eagle, State of Colorado ("Board") entered into a Subdivision Improvements
Agreement ("Agreement") dated April 20, 2000 with Vail Clinic, Inc., as a condition of final plat
for approval for Edwards Medical Center PUD; and
WHEREAS, the Subdivider provided collateral in the form of Letter of Credit No.
8319278 in the amount of $88,372.00 to guarantee the faithful completion of the public
improvements; and
WHEREAS, said Letter of Credit in the amount of$88,372.00 will expire on March 12,
2006; and
WHEREAS, the Board finds, determines and declares that there has been a default under
the Agreement and that a sum certain of $88,372.00 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:
THA T, Bryan R. Treu, County Attorney; Walter Mathews, IV, Deputy County Attorney,
Robert L. Morris, Assistant County Attomey are authorized to execute any and all documents
necessary to draw upon said Letter of Credit.
THAT, Bryan R. Treu, County Attorney; Walter Mathews, IV, Deputy County Attomey,
Robert L. Morris, 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.
THA T, 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 :::j~,
2006.
COUNTY OF EAGLE, STATE OF
COLORADO, By and Through Its
ATTEST: BOARD OF COUNTY COMMISSIONERS
Commissioner ~ seconded adoption of the foregoing resolution. The roll
having been called, the vote was as follows:
Commissioner Runyon ~
Commissioner Stone
Commissioner Menconi
This Resolution passed by ~/O vote of the Board of County Commissioners of
I
the County of Eagle, State of Colorado.
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; Walter Mathews, IV, Deputy County Attorney, Robert L. Morris, Assistant
County Attomey 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, Walter
Mathews, IV, and/or Robert L. Morris and each of them, the true and lawful attomey 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. 831-9278 in the amount of$88,372.00 issued by the First Bank of Vail 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 Walter Mathews, IV and/or
Robert L. Morris, said attomeys, 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 _ day of
,2006.
COUNTY OF EAGLE, STATE OF
COLORADO, By and Through Its
ATTEST: BOARD OF COUNTY COMMISSIONERS
By: By:
Clerk of the Board of Peter Runyon
County Commissioners Chairman
STATE OF COLORADO )
) ss
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 Attomey, 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 ,2006.
My commission expires
Notary Public
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G:VKS\resolutionslVail Clinic2006.DOC
File No 2000-86