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HomeMy WebLinkAboutR95-127 Draw on Arrowtree Creek Ltd. Road Cut Permit 1835CI C -1 1 conirl .ssioner _ moved adoption of the followuig Resolution: COTJN'.L'Y OF EAGLE, STATE OF COLORADO NO. 95 - /�P WHEREAS, on or about October 27, 1993, the County granted Road Cut Permit #1835 to Arrowtree Creek, Ltd. ( Arrowtree); and WHEREAS, Arrowtree provided collateral in the form of a Letter of Credit to guarantee the faithful completion of the two year warranty period; and WHEREAS, said Letter of Credit #879 -1678 in the amount of $2,000.00 will expire on October 27, 1995; and WHEREAS, said two year warranty period will expire on October 27, 1995. Corrections to the road cut were made pursuant to notice from the Engineering Department, said corrections to require a one year warranty period to expire June 10, 1996; and WHEREAS, the Board finds, determines and declares that it is in the best interest of the County that it draw upon the collateral in the amount of $2,000.00. WHEREAS, no extension to Letter of Credit No. 879 -1678 has been received by the Board as yet, and the Board deems it to be in the best interests of the County of Eagle that the subject Letter of Credit be drawn upon prior to its expiration. • •' ` • ' • M • •I' DID • • : w I ' • • ••• of . • 14 M MO I T IN MHO • No WHEREAS, on or about October 27, 1993, the County granted Road Cut Permit #1835 to Arrowtree Creek, Ltd. ( Arrowtree); and WHEREAS, Arrowtree provided collateral in the form of a Letter of Credit to guarantee the faithful completion of the two year warranty period; and WHEREAS, said Letter of Credit #879 -1678 in the amount of $2,000.00 will expire on October 27, 1995; and WHEREAS, said two year warranty period will expire on October 27, 1995. Corrections to the road cut were made pursuant to notice from the Engineering Department, said corrections to require a one year warranty period to expire June 10, 1996; and WHEREAS, the Board finds, determines and declares that it is in the best interest of the County that it draw upon the collateral in the amount of $2,000.00. WHEREAS, no extension to Letter of Credit No. 879 -1678 has been received by the Board as yet, and the Board deems it to be in the best interests of the County of Eagle that the subject Letter of Credit be drawn upon prior to its expiration. e N OW , E1' •' E BE IT RESOLVED BY THE BOARD OF • C OMISSIONERS OF E COU= OF ' GLE STATE OF • •' ` D• THAT, James R. Fritze, County Attorney, Mary Joan Berenato, Deputy County Attorney, Robert W. Loeffler, Assistant County Attorney, and Maureen Amundson, Paralegal, are authorized to execute any and all documents necessary to draw upon irrevocable Letter of Credit #879 -1678, in the amount of $2,000.00. THAT, James R. Fritze, County Attorney, Mary Joan Berenato, Deputy County Attorney, Robert W. Loeffler, Assistant County Attorney and Maureen Amundson, Paralegal, 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 Letter of Credit #879 - 1678 in the amount of $2,000.00. 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 ,��� 1995. Gedtge F. Gates, Commissioner R oNtte �P hiiijips, Commissioner 1 Commissioner seconded adoption of the foregoing resolution. Me ro ving been called, the vote was as follows: Commissioner James E. Johnson, Jr._ y Commissioner George A. Gates 1 Commissioner Johnnette Phillips This Resolution passed by vote of the Board of County Commissioners of the County ot Ea le, State of Colorado. 1" C", 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 James R. Fritze, Mary Joan Berenato, Robert W. Loeffler and Maureen Amundson, of the County of Eagle, State of Colorado, has made, constituted and appointed, and by these presents does make, constitute and appoint the said James R. Fritze and /or Mary Joan Berenato and /or Robert W. Loeffler and /or Maureen Amundson, 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 Irrevocable Letter of Credit No. 879 -1678 in the amount of $2,000.00 for the account of Arrowtree Creek, Ltd., and to execute, make, endorse, and accept any documents necessary to accomplish the foregoing purpose. Hereby giving and granting unto James R. Fritze, and /or Mary Joan Berenato, and /or Robert W. Loeffler, and /or Maureen Amundson, 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 ATTEST: F" ) 1,, * • • • County Commissioners Chairman r County / pf Eagle ss L.Vt Notary Public in and for said Eagle in e Sta oresaid, do hereby certify that James E. JohJr., Chairman of the Board of County Comni.ssioners of the County of agle, State of Colorado, and Sara J. Fisher, 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. under my hand and notary seal, v , 1995. 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