HomeMy WebLinkAboutR08-091 Willow Creek Letter of CreditCommissioner ~'`~/~L~-~ C,U c~ t moved adoption
of the following Resolution:
BOARD OF COUNTY CONIlI~IISSIONERS
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, 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 NATIONAL BANK LETTER OF CREDIT NO. 637 IN THE AMOUNT OF $8,206.26 FOR
THE ACCOUNT OF WILLOW CREEK
WHEREAS, on or about November 6, 2002, the Board of County Commissioners of the
County of Eagle, State of Colorado ("Board") entered into a Subdivision Improvements
Agreement with Richard A. Eddy relative to Willow Creek PUD assumed by Kirk Weiss, John
Egan and Virgil Meadows effective May 11, 2004 ("Subdivider"); and
WHEREAS, the Subdivider (Kirk Weiss, John Egan and Virgil Meadows) provided
collateral in the form of Colorado National Bank Letter of Credit No. 637 in the amount of
$8,206.26; and
WHEREAS, said Letter of Credit expires August 18, 2008; and Subdivider has not
provided extended collateral as requested; and
WHEREAS, the Board finds, determines and declares that there has been a default under
the Agreement and a sum certain in the amount 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; Robert L. Morris, Deputy County Attorney;
Christina C. Hooper, 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;
and 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.
1~10VED, READ AND ADOPTED by the Board of County Commissioners of the
County of Eagle, State of Colorado, at its regular meeting held the ~G _ day of August, 2008.
COUNTY OF EAGLE, STATE OF
COLORADO, By and Through Its
ATTEST: BOARD OF COUNTY COMMISSIONERS
a~ ~~
~ ~ ~'~
Clerk to the B~lard of '''*+aw
County Commissioners
~i 4 ; - 1 ~ichu i `~
Peter F. Runyo
Chairman
Sar J. Fisher
Co issioner
M. Menconi
Commissioner
Commissioner ~[~ `'I o~.- seconded adoption of the foregoing resolution. The roll
having been called, the vote was as follows:
Commissioner Runyon ~, y
Commissioner Fisher Y a - ~
Commissioner Menconi ~.
This Resolution passed by ~ /
the County of Eagle, State of Colorado.
vote of the Board of County Commissioners of
EYHIBIT "A"
POWER OF ATTORNEY
KNOW ALL MEN BY THE5E PRESENTS: That the County of Eagle, State of
Colorado, a body politic and corporate, reposing special tnist and confidence in Bryan R. Treu,
County Attorney; Robert L. Morris, Deputy County Attorney; Christina C. Hooper, Assistant
Cotmty Attorney; and Kyle L. Weber, Assistant County Attorney and each of them, the tnte 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 National Bank Letter of Credit No. 637 in the amount of $8,206.26 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 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 Comrriissioners, 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 S day of August,
2008.
COUNTY OF EAGLE, STATE OF
COLORADO, By and Through Its
ATTEST: ~ ~„~ OARD OF COUNT M
~~
z
* ~ ~
Clerk of the Board of eter F. Runyon
Cotmty Commissioners Chairman
IPA ti '• " , >k.,~~T`
STATE OF COLORADO
ss:
County of Eagle )
/ ~- /~-~- • ,Notary Public in and for said Eagle County, in the State aforesaid,
do hereby ertify that- eter 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 ol<~- ,w~ t." , 2008.
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Notary Publi
NANCY R. WRIGHT
NOTARY PUBLIC
STATE OF COLORADO
My Commission Expires 1y18/2010