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HomeMy WebLinkAboutR08-076 Arrowhead River Ranch Letter of Credit Commissioner ~ c..o ~ I of the following Resolution: , moved adoption I BOARD OF COUNTY COl\tm'llSSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2008.01 w RESOLUTION CONFEI,mING POWER OF ATTORNEY UPON BRYAN R. TREU, COUNTY ATTORNEY, ROBERT lL. MORRIS, DEPUTY COUNTY ATTORNEY, CHRISTINA C. HOOPER, AsSISTANT COUNTY ~TTORNEY, 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. 96006622 IN THE AMOUNT OF $164,785.95 FOR THE: ACCOUNT OF ARROWHEAD RIVER RANCH WHEREAS, pn or about October 22, 2002, the Board of County Commissioners of the County of Eagle, Statel of Colorado ("Board") entered into a Subdivision Improvements Agreement with John and Diane Donovan relative to Arrowhead River Ranch Subdivision ("Subdivider"); and WHEREAS, 'the Subdivider provided collateral in the form of Colorado Capital Bank Letter of Credit No. ~6006622 in the amount of $164,785.95; and WHEREAS, I said Letter of Credit expires July 19, 2008; and Subdivider has not provided extended co~lateral as requested; and WHEREAS, the Board finds, determines and declares that there has been a default under the Agreement and a ~um certain in the amount of $164,785.95 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. Hooper, Assistant County Attorney, and Kyle L. Weber, Assistant County Attorney are authorized to exe~ute 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 P9wer 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 Ohairman of the Board is authorized to execute a Power of Attorney for the purposes contemplat~d herein in the form attached to this Resolution as Exhibit "A" and made a part hereof by this reference. MOVED, RE1u> AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the iT- day of July, 2008. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its ATTEST: BOARD OF COUNTY COMMISSIONERS Commissioner L S.u-~ seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Runydn Commissioner Fisher Commissioner Menconi -3 I , This Resolution passed by the County of Eagle, State of Colorado. ~.. A~., ~ vote of the Board of County Commissioners of EXIDBIT "A" POWER OF ATTORNEY KNOW ALL: l\'IEN 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 Capital Bank Letter of Credit No. 96006622 in the amount of $164,785.95 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 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 and purposes as it might or could do if personally present, with full power of substitution and revocation, hereby ratifying and conflrming all that its said attorney or his substitutes shall lawfully do or cause to be done by virtue hereof. IN WITNES~ 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 afflxed and attested by its Clerk, all being done in the Town of Eagle, and State of Colorado, on this + day of July, 2008. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its ~;;;s Chairman ATTEST: STATE OF COLORADO ) ) ss: County of Eagle ) I, 1 /.-LI.4' L .' , Notary Public in and for said Eagle County, in the State aforesaid, do hereb}i ertify that. eter F. Runyon, Chairman of the Board of County Commissioners of the County 0 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, f?r the uses and PJoses therein set forth. ~ Jtb-./ Given under my hand and notary seal, this 6 - ~_.- day of \,/ /.L-.~ ,2008. My commission expires /.~Ij~b 0 ID - NANCY B. WRIGHT NOTARY PUBLIC STATE OF COLORADO - - My CommisSIon Expires 12118/2010 <..... )1.~, ,L--(! . <.. I J... Notary ~yiic I I , Lt1tYJ if-