HomeMy WebLinkAboutR96-029 Draw on Sandy Lichlitery
Commissioner ~ Q,Q,~~,~p moved adoption
of the following Resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 96-(~~
RESOLUTION CONFERRING POWER OF ATTORNEY UPON
JAMES R. FRITZE, COUNTY ATTORNEY, MARY JOAN
BERENATO, DEPUTY COUNTY ATTORNEY, ROBERT W.
LOEFFLER, ASSISTANT 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.
913-1175 IN THE AMOUNT OF $2,000.00 FOR THE
ACCOUNT OF SANDY LICHLITER DRAWN ON 1ST BANK
OF VAIL
WHEREAS, on October 2, 1993, the County granted Road Cut
Permit #1815 to Sandy Lichliter ("Lichliter"); and
WHEREAS, Lichliter provided collateral in the form of a Letter
of Credit to guarantee the faithful completion of the public
improvements; and
WHEREAS, said Letter of Credit #913-1175 in the amount of
$2,000.00 will expire on April 11, 1996; and
WHEREAS, the Board finds, determines and declares that there
has been a default under the Road Cut Permit and that a sum certain
of $2,000 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, 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 #913-1175, in the amount of $2,000.00 issued by
1st Bank of Vail.
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 #913-1175 in the amount of $2,000.00 issued by 1st
Bank of Vail.
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 1996.
COUNTY OF EAGLE, STATE OF
~,~tsuxrp COLORADO , By and Through I t s
ATTEST: ~4 a, BOARD OF COUNTY COMMISSIONERS
~` ey
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:~~:~.
`- BY ~ _ _.__ _.~
Clerk to the Board of Georg A. Gates
County Commissioners Chairman
r
~~
Johnnette Phillips
Commissioner
Commissioner seconded adoption of the
foregoing resoluti The roll having been called, the vote was as
follows:
Commissioner George A. Gates ~_
Commissioner Johnnette Phillips o~
Commissioner James E. Johnson, Jr. ~,P
.,
This Resolution passed by (~ ~ vote of the Board of
County Commissioners of the County of Eagle, State of Colorado.
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, 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. 913-1175
in the amount of $2,000.00 for the account of Sandy Lichliter
issued by 1st Bank of Vail, 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
o~tr 1996.
ATT
By:
COUNTY OF EAGLE, STATE OF
COLORADO, By and Through Its
BOARD OF COUNTY COMMISSIONERS
By: _
Geor A. Gates
Chairman
c:lerx or the t~oara of
County Commissioners
STATE OF COLORADO )
ss
County of Eagle )
I, Notary Public in and for said Eagle
County, in the State aforesaid, do hereby certify that George A.
Gates, 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
1996.
My commission expires
Notary Public
forms\drawroad.poa
OF VAIL
D ~ ~;,1~~J~ ~,
hr r~ I ~ ~~`~~DA,
Gl1S7l~ COUV 1 1 A~O`1v~17 VAIL ROAD
VAIL, COLORADO 81657 303-476-5686
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Irrevocable Letter of Credit
Board of County Commissioners
Eagle County
P.O. Box 850
Eagles Colorado 81631
To Whom it May Concern:
Date: April 11, 1994
Amount: $2,000.00
Number: 913-1175
Expiration Date: April 11, 1996
We hereby open our Irrevocable Letter of Credit in your favor,
available by draft at sight drawn on the FirstBank of Vail for any sum
or sums not exceeding in total the sum of TWO THOUSAND AND NO/100
DOLLARS ($2,000.00).
The Letter of Credit is for the account of Sandy Lichliter,
Address: 56140 PGA Blvd., La Quinta, CA 92253.
It is for the purpose of guaranteeing construction of road cut
(permit #1815) at the following location: 0061 Singletree Rd., Edwards,
Colorado, in conformance with Eagle County's Regulations for
Construction Within the Public Way of Eagle County, and any special
conditions of the permit.
Each draft shall be endorsed on the reverse side of this Letter of
Credit, and bear upon its face the clause "Drawn Under Letter of Credit
No. 913-1175, dated April 11, 1994, of the FirstBank of Vail." Each
draft must be accompanied by a Resolution of the Board of County
Commissioners of Eagle County certifying 1) that there has been a
default under the permit; and 2) that a sum certain is required to
remedy the default.
FirstBank of Vail represents and warrants to Eagle County that it
has the full authority and power to issue this Letter of Credit, in the
total amount and for the period of time stated herein; said authority
being pursuant to the laws of the United States, or the State or
territory which governs the establishment and regulation of FirstBank of
Vail charter, by-laws and other applicable rules and regulations adopted
pursuant thereto. Should it be necessary for Eagle County to file suit
in an effort to enforce this Irrevocable Letter of Credit, FirstBank of
Vail hereby waives all venue rights and submits to the jurisdiction of
the District Court in and for the County of Eagle, State of Colorado.
Board of County Commissioners -2- April 11, 1994
We hereby agree that drafts drawn under and in compliance with the
terms of this Letter of Credit will be duly honored if presented to
FirstBank of Vail on or before April 11, 1996.
Sincerely,
1
Ellen M. J rchow
Assistant Vice President
EMJ/ks
Office of the
County Attorney
(970) 328-8685
Fax: (970) 328-5219
Sandy Lichla.~Pr
561.0 PGfi P,l~i,~ .
La Qa.~nta, CA 92253
Eagle County Building
500 Broadway
P.O. Box 850
Eagle, Colorado 81631
Certified Mail No. P 913 033 163
~~
Re: Letter of Credit No. 913-1175
In the Amount of $2,000
For Road Cut Permit #1815
Our records indicate that the above Letter of Credit will
expire on April 11, 1996.
Please arrange with the County Engineering Department (328-
8760) for an inspection of the work so that a recommendation may be
made to the Board of County Commissioners. You may wish to give
your bank notice that the collateral may need to be renewed. New
collateral will need to be received by this office by Wednesday,
April 10, 1996 or we will draw on the current Letter of Credit.
Thank you for your assistance and cooperation.
JRF/nl
xc: Engineering
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Larch 25, 1996
Sincerely,
Q
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mes R. Fritze
~unty Attorney
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EAGLE COUNTY, COLORADO