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HomeMy WebLinkAboutR86-072 Gary Ketchen in default of Road Cut Permit 686Commissioner moved adoption of the following Resolution: BOARD OF COUNTY COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 86- RESOLUTION FINDING GARY KETCHEN IN DEFAULT OF ROAD CUT PERMIT NO. 686 AND CONFERRING POWER OF ATTORNEY UPON JAMES R. FRITZE, ACTING COUNTY ATTORNEY, TO ACT AS ATTORNEY IN FACT FOR THE COUNTY OF EAGLE, STATE OF COLORADO, WITH RESPECT TO LETTER OF CREDIT NO. 1234, DATED AUGUST 31, 1984 ISSUED BY THE FIRSTBANK OF VAIL WHEREAS, on or about September 4, 1984, the Board of County Commissioners of the County of Eagle, State of Colorado (hereinafter "Board "), issued Road Cut Permit No. 686 to Gary Ketchen (hereinafter " Permittee"); and WHEREAS, in order to ensure faithful completion of the work required under the aforementioned road cut permit in conformance with those standards set forth in Eagle County's Regulations for Construction Within the Public Way of Eagle, County, Chapter V of the Eagle County Land Use Regulations, Permittee provided collateral to the Board in the form of Irrevocable Letter of Credit No. 1234, dated August 31, 1984, of FirstBank of Vail, Vail, Colorado in the amount of two thousand dollars ($2,000.00); and WHEREAS, at its regular meeting of August 25, 1986, evidence of default of the aforementioned permit was presented to the Board. 7 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, Permittee was given formal notice of his alleged default by the issuance via certified mail of correc- tion notices dated October 22, 1984 and July 29, 1985, and by a certified letter from the Eagle County Attorney dated August 12, 1986, and was duly notified of a public hearing regarding said default by mailgram transmitted to his address of record on August 21, 1986. THAT, based on the evidence before it, the Board finds, determines and declares Gary Ketchen to be in default of Road Cut Permit No. 686. THAT, in accordance with §5.22.05 of the Eagle County Land Use Regulations, the Board deems it appropriate to draw upon Irrevocable Letter of Credit No. 1234, dated August 31, 1984, of the FirstBank of Vail, in an amount equal to those costs incurred by the County of Eagle in completing the work required under Road Cut Permit No. 686, such costs determined to be in the- amount -of -- $354,27. -- -- THAT, the Chairman of the Board is authorized to sign a draft for the purpose of drawing upon the aforemen- tioned Irrevocable Letter of Credit No. 1234 in the amount of $354.27. THAT, James R. Fritze, Acting County Attorney, is 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, to perform all acts and execute any and all documents reasonably incidental to drawing on the subject Letter of Credit. -2- 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 Commis- sioners of the County of Eagle, State of Colorado, at its regular meeting held the o045�iday of 1986. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONER BY: Tr. w erk of f the Board Donn al Welch, Chairman ounty Commissioners CommissiondL �. John F. Lough an Commissioner -3- Commissioner /, Vq yI r 6A seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Donald H. Welch - Commissioner Richard L. Gustafson] Commissioner John E. Loughran This Resolution passed by YlliAyt/ iu011s vote of the Board of County Commissioners of the County of Eagle, State of Colora- do. -4-