HomeMy WebLinkAboutR08-075 Arrowhead River Ranch Letter of Credit
Commissioner V~c..tl^-- 1
of the following Resolution:
moved adoption
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 2008- 0 1 <;
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 COLORADO CAPITAL BANK LETTER OF CREDIT No. 96006630 IN THE AMOUNT OF
$307,969.60 FOR THE, ACCOUNT OF ARROWHEAD RIVER RANCH
WHEREAS, on or about October 22, 2002, the Board of County Commissioners of the
County of Eagle, State of Colorado ("Board") entered into a Subdivision Improvements
Agreement with John and Diane Donovan relative to Arrowhead River Ranch Subdivision
("Subdivider"); and
WHEREAS, I the Subdivider provided collateral in the form of Colorado Capital Bank
Letter of Credit No. 96006630 in the amount of $307,969.60; and
WHEREAS, said Letter of Credit expires July 19, 2008; and Subdivider has not
provided extended. collateral as requested; and
WHEREAS" the Board fmds, determines and declares that there has been a default under
the Agreement and a'sum certain in the amount of $307,969.60 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; Robert L. Morris, Deputy County Attorney;
Christina C. Hooperl Assistant County Attorney, and Kyle L. Weber, 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;
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
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 -4- day of July, 2008.
COUNTY OF EAGLE, STATE OF
COLORADO, By and Through Its
BOARD OF COUNTY COMMISSIONERS
ATTEST:
Clerk to the B ard of;
County Commissioners
~\.(: ~-- .
.'J)UvC..,
. Menconi
Commissioner
Commissioner ~ ~~ 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 ~ / 0
the County of Eagle, I State of Colorado.
~~
~<lr.
vote of the Board of County Commissioners of
EXIDBIT "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 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, 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 Colorado Capit~l Bank Letter of Credit No. 96006630 in the amount of 307,969.60 and to
execute, make, endQrse, 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 land 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 -0- day of July,
2008.
ATTEST:
COUNTY OF EAGLE, STATE OF
COLORADO, By and Through Its
BOARD OF CO S ONERS
Clerk of the oard of
County Commissione=-
~~:~
Peter F. Runyon
Chairman
~~/
. \')Lf1vi ~
STATE OF COLORADO )
) ss:
County of Eagle )
tAd//L-!' . '. ~)M- , Notary Public in and for said Eagle County, in the State aforesaid,
do herebYJ ertify that P ter 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 ahd voluntary act and deed, for the uses and purposes therein set forth.
Given nnder my hand and notary seal. this f .fA? day of )L<.L;" . 2008.
J
My commission expites J(J / If j,;:J() (0 l
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)1.. J j.Al (
Notary Pu~ 'c
NANCY R~ WRIGHT
NOTARY PUBLIC
STATE OF qOLORADO
My CommisaIon ~r881211812010