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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 .~ ,-- ,~ e~~ :~~:~. `- 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 1 ~~ C~ ,~~~ ~~ ~~ 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 ~~ - C ,~ ~~ , \1 ~ r ~~ ~ ~/(~ / Larch 25, 1996 Sincerely, Q i~ mes R. Fritze ~unty Attorney l,~ EAGLE COUNTY, COLORADO