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HomeMy WebLinkAboutR96-037 draw on Peregrine Construction Commissioner moved adoption of the following Resolu ion: 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. 181 IN THE AMOUNT OF $2,000.00 FOR THE ACCOUNT OF PEREGRINE CONSTRUCTION LLC DRAWN ON FIRST BANK OF EAGLE COUNTY WHEREAS, on April 26, 1995, the County granted Road Cut Permit #2106 to Peregrine Construction LLC and P. Enterprises, Inc. ("Peregrine"); and WHEREAS, Peregrine 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 #181 in the amount of $2,000.00 will expire on April 26, 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 #181, in the amount of $2,000.00 issued by First Bank of Eagle County. 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 #181 in the amount of $2,000.00 issued by First Bank of Eagle County. 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 o Colorado, at its regular meeting held the ~~ day of 1996. ATTEST: r w ~°,„~ ~-- Clerk to the oard of County Commissioners COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS By: George Gates Chairman e Johnnette Phillips Commissioner James E. Johnson, Jr. Commissioner Commissioner seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner George A. Gates Commissioner Johnnette Phillips Commissioner James E. Johnson, Jr. This Resolution passed by o~ ~"d 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. 181 in the amount of $2,000.00 for the account of Peregrine Construction LLC and P. Enterprises, Inc. issued by First Bank of Eagle County, 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 bei~^done in t e Town of Eagle, and State of Colorado, on this ~~,~~~--- day of ,,'~ , ~ 19 9 6 . COUNTY OF EAGLE, STATE OF ,~~~~ ~~~ ~ COLORADO , By and Through I t s ATTEST: +°~.~~ ~:~~ BOARD OF COUNTY COMMISSIONERS BY = L~ ;~-- ~ ~~~~Lt__ BY = Clerk of the Board of George Gates County Commissioners Chairman STATE OF COLORADO ) ss County of Eagle ) I, ;;;,~=-~~~ r ~ ~ ,~_.~.=-~~-~- Notary Public in and for said Eagle County, in he 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 ~~ ,,,~,, fl' 19 9 6 . ( -- -~ ~ ~ %~, y commission expires ~,a.,,,~..tt~- v~ -,, .:: i y. , ~; ;/ ~_ ~ f~ ~, Notary Public , forms\drawroad.poa