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HomeMy WebLinkAboutR06-088 - draw on Kirk Weiss, John Egan and Virgil Meadows LOC Commissioner moved adoption of the following Resolution: BOARD OF COUNTY COMIVIISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2006-ill RESOLUTION CONFERRING POWER OF ATTORNEY UPON BRYAN R. TREU, COUNTY ATTORNEY, WALTER MATHEWS, IV, DEPUTY COUNTY ATTORNEY, AND 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. 637 IN THE AMOUNT OF $22,419.69 FOR THE ACCOUNT OF KIRK WEISS, JOHN EGAN AND VIRGIL J\iIEADOWS DRAWN ON COLORADO NATIONAL BANK AND EXPIRING ON AUGUST 21, 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 and Off-Site Improvements Agreement ("Agreement") dated November 6,2002 with Richard A. Eddy as a condition of final plat approval for Willow Creek; and WHEREAS, by Consent to Assignment and Assumption of Subdivision Improvements Agreement dated May 11, 2004, Richard A. Eddy assigned all of his right, title and interest as "Subdivider" as defined under the Agreement and the Assumption thereto to Kirk Weiss, John Egan and Virgil Meadows (hereinafter "Subdivider"). Said Consent to Assignment and Assumption was recorded in the real estate records of Eagle County at Reception No. 879395; and WHEREAS, by Consent No. 2006-03 Subdivider was granted a first partial release of collateral reducing the amount of collateral to $22,419.69; and WHEREAS, Subdivider provided Letter of Credit No. 637 in the amount of $22,419.69 which will expire on August 21, 2006; and WHEREAS, by Consent No. 2006-16, the Subdivider was granted a second partial release of collateral reducing the amount of collateral to $8,206.26 to guarantee the faithful completion of the public improvements; and WHEREAS, the Subdivider has not provided an extended letter of credit in the reduced amount of $8,206.26; and WHEREAS, the Board finds, determines and declares that there has been a default under the Agreement and that a sum certain of $8,206.26 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; Walter Mathews, IV, Deputy County Attorney, and Robert L. Morris, 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; Walter Mathews, IV, Deputy County Attorney, and 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. 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 ~ay of August, 2006. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its ATTEST: BOARD OF COUNTY COMMISSIONERS Commissioner I 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 vote of the Board of County Commissioners of the County of Eagle, State of Colorado. EXHIBIT "A" POWER OF A TTORt~EY 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 and Robert L. Morris, 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, Walter Mathews, IV and/or Robert L. Morris 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. 637 to the extent of $8,206.26 issued by Alpine 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 Walter Mathews, IV and/or Robert L. Morris, 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 _ 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 F. 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 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 ,2006. My commission expires Notary Public