HomeMy WebLinkAboutR08-026 Palmerosa Development Letter of CreditCommissioner /~~ moved adoption
of the following Resolution:
BOARD OF COUNTY COMIVIISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION N0.2008- C~~c~
RESOLUTION CONFERRING POWER OF ATTORNEY UPON BRYAN R. TREU, COUNTY
ATTORNEY, ROBERT L. MORRIS, DEPUTY COUNTY ATTORNEY, ANDCHRLSTINA C. HOOPER,
ASSISTANT COUNTY ATTORNEY TO ACT AS ATTORNEY IN FACT FOR THE COUNTY OF EAGLE,
STATE OF COLORADO, WITH RESPECT TO LETTER OF CREDIT NO. NZS574157 IN THE
AMOUNT OF $298,989.00 FOR THE ACCOUNT OF PALMEROSA DEVELOPMENT
WHEREAS, on or about May 30, 2006, the Boazd of County Commissioners of the
County of Eagle, State of Colorado ("Board") entered into a Subdivision Improvements
Agreement with Palmerosa Ranch LLC ("Subdivider"); and
WHEREAS, the Subdivider provided collateral in the form of Letter of Credit No.
NZS574157 in the amount of $298,989.00; and
WHEREAS, said Letter of Credit expires March 31, 2008; and Subdivider has not
provided extended collateral as requested; and
WHEREAS, the Board finds, determines and declazes that there has been a default under
the Agreement and a sum certain in the amount of $298,989.00 for Letter of Credit No.
NZS574157.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMNIISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO:
THAT, Bryan R. Treu, County Attorney; Robert L. Morris, Deputy County Attorney;
and Christina C. Hooper, Assistant County Attorney, aze 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;
and Christina C. Hooper, Assistant County Attorney. aze hereby granted power of attorney to act
as attorney in fact for the County of Eagle, State of Colorado, and its Boazd of County
Commissioners, with regard to any and all actions that may be necessazy 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 March, 2008.
ATTEST:
County Commissioners
COUNTY OF EAGLE, STATE OF
COLORADO, By and Through Its
BOARD OF COUNTY COMMISSIONERS
a~~
Peter F. Runyon
Chairman
Sara J. Fi her
Commissioner
Arn M. Menconi
Commissioner
Commissioner seconded adoption of the foregoing resolution. The roll
having been called, the vot was as follows:
Commissioner Runyon
Commissioner Fisher
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 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 Attomey; Robert L. Morris, Deputy County Attorney; and Christina C. Hooper, 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, and Christina C. Hooper 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. BZS574157 in the amount of $298,989.00 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. Morns and/or Christina
C. Hooper 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 March,
2008.
COUNTY OF EAGLE, STATE OF
COLORADO, By and Through Its
ATTEST: o~~-~~o BOARD OF COUNTY COMMISSIONERS
-~
G~'
to ~G _
B * B `-
Clerk of the B and of toepov Peter F. Runyon
County Commissioners Chairman
~ti `• ~ ~-~ ~ Urc~ i
STATE OF COLORADO )
ss:
County of Eagle )
I, ~' ~~ ~ ~ ~ :. ~.t ~ '~; 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 o~"T~-~ ~v , 2008.
My commission expires ®~~~~~ c' / ~
1
Notary Pulj is
NANCY R. WRIGHT
NOTARY PUBLIC
STATE OF COLORADO
My Commission Expires 1y18/2010