HomeMy WebLinkAboutR08-035 Two Rivers Estates Subdivision Letter of Creditw
Commissioner /~!~''~~°~ moved adoption
of the following Resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION N0.2008-~`~~
RESOLUTION CONFERRING POWER OF ATTORNEY UPON BRYAN R. TREU, COUNTY
ATTORNEY, ROBERT L. MORRIS, DEPUTY COUNTY ATTORNEY, AND CHRISTINA 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 N0.0350594533 IN TIIE
AMOUNT OF $85,0{10.00 FOR THE ACCOUNT OF WILLIAM A. STEPHENS & ANNALIES B. STEPHEN5
FOR TWO RIVERS ESTATES SUBDIVISION
WHEREAS, on or about Apri123, 2002, the Board of County Commissioners of the
County of Eagle, State of Colorado ("Board") entered into a Subdivision Improvements
Agreement with William A. Stephens & Annalies B. Stephens ("Subdivider") relative to Two
Rivers Estates Subdivision; and
WHEREAS, the Subdivider provided collateral in the form of Letter of Credit No.
0350594533 in the amount of $85,000.00; and
WHEREAS, said Letter of Credit expires April 10, 2008; and Subdivider has not
provided extended collateral as requested; and
WHEREAS, the Board fords, determines and declares that there has been a default under
the Agreement and a sum certain in the amount of $85,000.00 for Letter of Credit No.
0350594533.
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;
and Christina C. Hooper, 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;
and Christina C. Hooper, 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 thee- day of April, 2008.
COUNTY OF EAGLE, STATE OF
COLORADO, By and Through Its
ATTEST: BOARD OF COUNTY COMMISSIONERS
Clerk to the Board of
County Commissioners
Commissioner ~~~~
having been called, the vote was as follows:
Commissioner Runyon ~L~,
Commissioner Fisher ~
Commissioner Menconi ~~~
~`~ Peter F. Runyon
Chairman
~-
a .Fisher
issioner
enconi
Commissioner
seconded adoption of the foregoing resolution. The roll
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 Attorney; 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. Morns, 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. 0350594533 in the amount of $85,000.00 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. Morris 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 April,
2008.
COUNTY OF EAGLE, STATE OF
COLORADO, By and Through Its
ATTEST: ,~~ ~tBOARD OF COUNTY CO~ISS
Clerk of the Board of
County Commissioners
B
~o° ~
Peter F. Runyon
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 , 2008.
My commission expires
Notary Public