HomeMy WebLinkAboutR97-072 Draw on B&B ExcavatingCommissioner moved adoption
of the following R solution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 97- C
RESOLUTION CONFERRING POWER OF ATTORNEY UPON JAMES R. FRITZE,
COUNTY ATTORNEY, ROBERT W. LOEFFLER, DEPUTY COUNTY ATTORNEY
AND MAUREEN AMUNDSON, PARALEGAL TO ACT AS ATTORNEY IN FACT FOR
THE COUNTY OF EAGLE, STATE OF COLORADO, WITH RESPECT TO LETTER
OF CREDIT NO.04075698 -04 IN THE AMOUNT OF $6,100.00 FOR THE
ACCOUNT OF R &B EXCAVATING, INC. DRAWN ON ALPINE BANK
WHEREAS, on or about April 26, 1996, R &B Excavating, Inc.
( "Contractor ") obtained from the County of Eagle, State of Colorado
{hereinafter "the County ") Permit No. 2261 for the purpose of water
and sewer conduit at 2100 East Lake Creek and 0280 Eagle Crest
Road; and
WHEREAS, collateral was provided in the form of Letter of
Credit No. 04075698 -04 in the amount of $6,100.00 with an
expiration date of April 26, 1998, for guaranteeing construction of
permitted work; and
WHEREAS, on April 1, 1997 Contractor was notified that the
improvements were not satisfactory to the County in that the
project had not received a 4" base course as specified; and
WHEREAS, Contractor has failed to make the necessary
corrections to the improvements; and
WHEREAS, the Eagle County Road and Bridge Department made the
necessary corrections at a cost to the County of Two Thousand Seven
Hundred Six Dollars and Fifty Two Cents ($2,706.52); and
WHEREAS, the Board finds, determines and declares that there
has been a default under the Permit and that a sum certain of
$2,706.52 is required to remedy the default.
WHEREAS, the Board further finds, determines and declares that
it is in the best interest of the County that it draw upon the
collateral.
NOW, THEN, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF EAGLE, STATE OF COLORADO:
THAT, James R. Fritze, County Attorney, Robert W. Loeffler,
Deputy County Attorney, and Maureen Amundson, Paralegal, are
authorized to execute any and all documents necessary to draw upon
irrevocable Letter of Credit No.04075698 -04, in the amount of
$6,100.00 issued by Alpine Bank.
THAT, James R. Fritze, County Attorney, Robert W. Loeffler,
Deputy 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 No.04075698 -04 in the amount of $6,100.00
issued by Alpine Bank.
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.
THAT, once said Letter of Credit is drawn upon, said funds
shall be deposited with the Eagle County Treasurer's Office. The
Board hereby directs the Treasurer to deposit $2,706.52 into the
appropriate Road & Bridge Department account as payment for the
work performed by the Eagle County Road & Bridge Department. The
remaining collateral, $3,393.48, is to remain on deposit with the
Eagle County Treasurer's Office for the duration of the two year
warranty period, which expires on May 19, 1999.
3
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 June, 1997.
o' anc<e COUNTY OF EAGLE, STATE OF
c
v of COLORADO, By and Through Its
ATTEST: y K BOARD OF COUNTY COMMISSIONERS
COLORADO
By
Clerk to the Board of ohnnette Phillips
County Commissioners Chairman ��
Fames E.
Commissi
a,& 011A
George A. Gates
Commissioner
Commissioner seconded adoption of the
foregoing resoluti The roll having been called, the vote was as
follows:
Commissioner Johnnette Phillips may{
Commissioner James E. Johnson, Jr.
Commissioner George A. Gates
This Resolution passed by & —C) vote of the Board of
County Commissioners of the County of Eagle, State of Colorado.
r \R &G.drw
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 James R. Fritze, 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 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.04075698 -04 in the amount of $6,100.00 for the
account of R &B Excavating, Inc. issued by Alpine Bank, 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 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 1166k_ day of
June, 1997.
ATTEST
59
Clerk of tlfe Board of
County Commissioners
COUNTY OF EAGLE, STATE OF
COLORADO, By and Through Its
BW"' OARP OF COUNTY COMMISSIONERS
By: lr1,l.G�(.�y
/�ohnnette Phillips
Chairman
STATE OF COLORADO )
ss
County of Eagle )
I, , Notary Public in and for said Eagle County, in
the State aforesaid, do hereby certify that Johnnette Phillips,
Chairman of the Board of County Commissioners of the County of
Eagle, 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.
Given under my hand and notary seal, this day of
1997.
My commission expires
Notary Public