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