HomeMy WebLinkAbout20100231.tiff 957 RESOLUTION
RE: APPROVE CANCELLATION AND RELEASE OF COLLATERAL AND INSPECTION
DUTIES FOR USE BY SPECIAL REVIEW PERMIT #1676 TO CITY OF BRIGHTON -
VESTAS BLADES AMERICA, INC.
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, on December 10, 2008, the Weld County Board of Commissioners approved
Use by Special Review #1676, for Vestas Blades America, Inc, Attn: Kjaer Jakobsen, 11140
Eastman Park Drive, Windsor, Colorado 80550/Regional Transportation District,Attn: Susan Altes,
1600 Blake Street, Denver, Colorado 80202 / City of Brighton, Attn: John Bramble, 22 South 4th
Avenue, Brighton, Colorado 80601, for a Use Permitted as a Use by Right,Accessory Use, or Use
by Special Review in the 1-3(Industrial)Zone District, including research, repairing, manufacturing,
fabricating, processing, assembling, or storage nature(Industrial manufacturing facility-Vestas) in
the A (Agricultural) Zone District, on the following described real estate, being more particularly
described as follows:
Part of the NW1/4, lying east of the Union Pacific
Railroad; part of the N1/2 SW 1/4/4 east of the Railroad
also part of the NE1/4 SW1/4; and a portion of Lot B
of Amended Recorded Exemption #1058, being part
of the NE1/4 SW1/4, together with a portion of the
NW1/4 SE1/4 of Section 29, Township 1 North,
Range 66 West of 6th P.M., Weld County, Colorado
WHEREAS,on July 13, 2009,the Board of County Commissioner of Weld County,Colorado,
approved an Improvements Agreement According to Policy Regarding Collateral for On-Site
Improvements for Use by Special Review Permit #1676, between the County of Weld, State of
Colorado, by and through the Board of County Commissioners of Weld County, and Vestas Blades
America, Inc., with terms and conditions being as stated in said agreement, and accepted
Irrevocable Standby Letter of Credit No. 445-02-0038089 from Nordea Bank Danmark A/S, Trade
Finance, Strandgade 3, P.O. Box 850, DK-0900, Copenhagen C. Denmark, in the amount of
$8,499,191.70, and
WHEREAS, by Ordinance#2003, dated July 7, 2009, and recorded on August 7, 2009, at
Reception Number 3641449, the City of Brighton annexed the land on which Vestas Blades
America, Inc., is constructing the Brighton Facility, and
WHEREAS, it has been determined by the Board that Weld County no longer has jurisdiction
authority for the lands associated with Vestas Blades America, Inc., permitted under Use by Special
Review Permit #1676, and that the collateral being held by Weld County to secure said
Improvements Agreement According to Policy Regarding Collateral for On-Site Improvements
should be cancelled and released to the City of Brighton, Colorado, as the Second Beneficiary,and
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3678957 03/03/2010 02:30P Weld County, CO
1 of 2 R 0.00 0 0.00 Steve Moreno Clerk& Recorder
C C : fL , /214J 2010-0231
PL1989
tJ :3/ 17 (f O
CANCEL COLLATERAL -VESTAS BLADES AMERICA, INC.
PAGE 2
WHEREAS,staff from the Weld County Departments of Public Works and Planning Services
has conducted a visual inspection and recommends release of said collateral, with the inspection
duties for the various remaining transportation, drainage, and non-transportation related items, as
specified in the staff memorandums from the Departments of Public Works and Planning Services,
dated January 13, and February 1, 2010, respectively, be transferred to the City of Brighton.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado,that Irrevocable Standby Letter of Credit No. 445-02-0038089 from Nordea Bank
Danmark A/S, Trade Finance, Strandgade 3, P.O. Box 850, DK-0900, Copenhagen C. Denmark, in
the amount of$8,499,191.70, be, and hereby is, canceled and released to the City of Brighton, as
Second Beneficiary.
BE IT FURTHER RESOLVED by the Board that the inspection duties for the various
remaining transportation, drainage, and non-transportation related items, as specified in the staff
memorandums from the Departments of Public Works and Planning Services, dated January 13,
and February 1, 2010, respectively, be transferred to the City of Brighton.
BE IT FURTHER RESOLVED by the Board that the Clerk to the Board be, and hereby is,
directed to forward said released collateral and the corresponding staff memorandums from the
Departments of Public Works and Planning Services, dated January 13, and February 1, 2010,
respectively, to the City of Brighton.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 1st day of February, A.D., 2010.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: I E� 1 ov///ec
Nei ouglzis Rade cher, Chair
Weld County Clerk to th oav: •
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1.47.24,
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m ; - rbara Kirkmeyer, r ro-Tem
BY: t✓�� � . r :a _ 9 Deputy Clerk to the Bo
Sean P.7
AP"O D AS TO f
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''of' 'tt+ ey X�� EXCUSED
David E. Long
Date of signature: a/.2//o
111111111111111111111111111111II1111111 III11111111M
3678957 03/03/2010 02:30P Weld County, CO 2010-0231
2 of 2 R 0.00 D 0.00 Steve Moreno Clerk& Recorder PL1989
MEMORANDUM
W IInge
TO: Board of County Commissioners
COLORADO DATE: February 1, 2010
FROM: Kim Ogle, Planning Services,
SUBJECT: Transfer of Inspection Duties from Weld County Government to
City of Brighton, Colorado concerning the Department of Planning
Services"Punch List" of Items for: Vestas Blades America, Inc.
Case No. USR#1676
On July 8, 2009, the Department of Planning Services received a Irrevocable Letter of Credit No.
445-02-0038089 for Vestas Blades America, Inc. located at 11140 Eastman Park Drive,
Windsor, Colorado 80550 for the on-site improvements associated with the Vestas Blades and
Nacelles Brighton facility, Case Number USR-1676, in the amount of eight million four hundred
ninety-nine thousand one hundred ninety-one and 70/100s ($ 8,499,191.70) dollars.
The Board of County Commissioners approved the Improvements Agreement According to
Policy Regarding Collateral for On-Site Improvements between the County of Weld, State of
Colorado and Vestas Blades America Inc., as the First Beneficiary and the City of Brighton,
Colorado the Second Beneficiary, on July 13, 2009.
The City of Brighton, Colorado annexed the land on which Vestas Blades America, inc. is
constructing the Brighton Facility by Ordinance on July 7, 2009 and recorded the Annexation #1
Map and the Annexation #2 Map on August 7, 2009, reception number 3641449.
Given this action, Weld County no longer has jurisdictional authority for the lands associated
with Vestas Blades America, Inc. Case No. USR#1676, and therefore, the Weld County
Attorney, the Department of Public Works and the Department of Planning Services,
recommend to release the Irrevocable Letter of Credit No. 445-02-0038089 for Vestas Blades
America, Inc. in the amount of eight million four hundred ninety-nine thousand one hundred
ninety-one and 70/100s ($ 8,499,191.70) dollars to guarantee the completion of the work
required for on-site improvements for the Vestas Brighton Facility (USR-1676) to the City of
Brighton, Colorado as Second Beneficiary.
2010-0231
� ( MEMORANDUM
V ITO: Board of County Commissioners
0 DATE February 12010
COLORADO
FROM: Kim Ogle, Planning Services
SUBJECT: Transfer of Inspection Duties from Weld County Government to
City of Brighton, Colorado concerning the Department of Planning
Services "Punch List" of Items for: Vestas Blades America, Inc.
Case No. USR#1676
Weld County Department of Planning Services has received a request from Nolte Associates, Inc.
inquiring as to the sequence of events necessary to acquire the proper permits required to occupy
and begin production in the facilities located at the above-referenced USR-1676 facility. The
outstanding Planning related issues identified cannot be completed prior to the date of occupancy
requested by Nolte Associates, Inc. due to weather related seasonal factors until late Spring 2010.
The non-transportation component, more specifically identified as hardscape and soft materials,
including in a general description site furnishings, overhead and pedestrian scale lighting,
pedestrian scale pavements and landscape treatment have not been completed. Additionally
screening components and signing for the facility remain outstanding.
The Department of Planning Services is recommending transfer of inspection duties to the City
of Brighton, Colorado for the non- transportation related items, as discussed herein. Completion
of the landscape component is required as part of the approved land use permit. It is the
intention of Weld County to coordinate with the City of Brighton on the timing and the transfer of
associated collateral as per the stipulations found in Irrevocable Letter of Credit#445-02-
0038089 from Nordea Bank Danmark Pk/S, Trade Finance, Strandgade 3, P.O. Box 850, DK-
0900, Copenhagen C. Denmark in the amount of eight million four hundred ninety-nine thousand
one hundred ninety-one and 70/100s ($ 8,499,191.70) dollars.
Any non-transportation related items should be verified by the Department of Public Works prior to
the transfer of Irrevocable Letter of Credit#445-02-0038089.
Vestas Blades America, Inc. USR#1676(PL1989 2009-1586)
On-site Improvements, Irrevocable Letter of Credit#445-02-0038089
Nordea Bank Danmark A/S(Copenhagen Denmark)
Expires 06/30/2010 with auto renewal or 90 days notice $8,499,191.70
CITY OF Community Development
E3IRIGHTON
- - -- 22 South 4th Avenue
Brighton, Colorado 80601
303-635-2069(Plume and Fuaimifr)
Wu' um rP�
January 26, 2010
Kim Ogle
Weld County Planning Services
918 Tenth Street
Greeley CO 80631
Ref: Vestas—Transfer of Warranty Bond
Dear Mr. Ogle:
I am writing today to confirm that the Vestas Properties have been annexed to the City of
Brighton and hereby acknowledging that the City will complete the on-site inspection for
compliance with the recorded documents associated with County land use permit no.
USR-1676 and assume all final inspection activities for this project. We respectfully
request that the bond be transferred to the City at this time.
Please don't hesitate to contact me should you require additional documentation for your
files.
Sincerely, ;' /
It /4A4
Mary Falconburg,AICP
Director
cc: Margaret R. Brubaker, City Attorney
A4ehafIi', Brubaker d Erns)LLC
21 North f°Avenue#290
Brighton, CO 8060/
res/as Blades America, Inc.
c/o (testes Blades A/S
Smed Hanson Vej 19
6940 Lem
Denmark
Attn: Kjaer Lando Jakobsen
Senn Visciaao Kirschenbaun PC
1801 California Street#4300
Denver, Co 80202
Attn: Mark Semi, Esq.
Ad in inistration • Building Division •Code Enforcement • Engineering Division • Planning Division
Our Mission...Integrity+ Vision+Stewardship-A Progressive Community
MEMORANDUM
00' i;
TO: Kim Ogle, Planning Services
DATE: 1/13/2010
FROM: Richard Hastings, Public Works Department
COLORADO
SUBJECT: Transfer of Inspection Duties from Weld County to
Brighton, Colorado Concerning the Public Works
Department "Punch List" of Items for:
Vestas Blades America, Inc. USR#1676
Transfer of Inspection Duties:
Weld County Planning and Public Works Departments have received a request from Nolte Associates, Inc.
inquiring as to the sequence of events necessary to acquire the proper permits required to occupy and begin
production in the facilities located at the above-mentioned USR-1676 site. The outstanding Public Works
related items found below in the "Punch List" cannot be completed prior to the date of occupancy requested
by Nolte Associates due to weather related seasonal factors which preclude finalization of said items till the
Spring of 2010.
Weld County Public Works Department "Punch List" of Items:
Weld County Public Works Department, having performed numerous site inspections, at the above
mentioned site, find the following items in need of completion or mitigation:
1) Perform general drainage ditch clean-up and restore/match areas to final grade where identified
to include; mitigation of erosion along roadway shoulders.
a. Check entire project for possible shoulder erosion and install all BMP's,
including TRM, as indicated on construction plans.
2) North Retention Pond area will require confirmation of final vegetation.
3) Complete roadway signage installation in the area surrounding Road A.
4) Complete paving and permanent striping in the areas adjacent to the following areas: Roads A,
B, D, G, Nacelles Hard Stand and Light Stand, Nacelles Parking lot.
5) Complete set of"As-Built" Construction Plans to be supplied to Brighton, upon completion.
Recommendation:
The Department of Public Works is recommending transfer of inspection duties to the City of Brighton,
Colorado for the various transportation and drainage related items, as shown above from the Weld County
"Punch List" of items. Proper completion of the above-mentioned items is necessary to prevent; storm water
drainage discharge that could adversely impact adjacent county properties, and to preclude the corresponding
violation of the associated Storm Water Management Plan (SWMP). Weld County and the city of Brighton
will coordinate the timing and the transfer of associated collateral as per the stipulations found in Irrevocable
Letter of Credit#445-02-0038089.
Any non-Public Works-related items should be verified by Planning Services prior to the transfer of the
associated collateral.
C:\Documents and Settings\kogle\Local Settings\Temporary Internet Piles\Content.Outlook\NUIE6KGO\USR-1676 Vestas Inspection Duties
Transfer-MEMO.docx
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3641449 08/07/2009 04:28P Weld County, CO
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449
BRIGHTON CITY COUNCIL ORDINANCE
ANNEXATION OF THE VESTAS BLADES AND NACELLE CAMPUS
ANNEXATION MAP #1.
ORDINANCE NO: 2003
INTRODUCED BY: Martinez
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRIGHTON,
COLORADO,ANNEXING TO THE CITY OF BRIGHTON APPROXIMATELY 112.750 ACRES
OF CONTIGUOUS UNINCORPORATED TERRITORY LOCATED IN THE NORTHWEST '/4
OF SECTION 29, TOWNSHIP 1 NORTH, RANGE 66 WEST OF THE 6Thi PRINCIPAL
MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, TO BE KNOWN AS THE
"VESTAS BLADES AND NACELLE CAMPUS ANNEXATION MAP#1."
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BRIGHTON,
COLORADO,AS FOLLOWS:
Section 1. That,pursuant to C.R.S. Section 31-12-107(1),a Petition for Annexation was filed with the
City of Brighton on April 24,2009 signed by land owners of one hundred percent of the territory to be
annexed.
Section 2. That the City Council, at a Regular Meeting on May 5, 2009 passed Resolution No. 09-81
accepting said Petition as being in compliance with C.R.S. Section 31-12-107(If and setting the matter of
the annexation for a public hearing on June 23,2009.
Section 3. That at said public hearing held on June 23,2009 the City Council found and determined that
the applicable parts of C.RS. Section 31-12-101 et seq. "The Municipal Annexation Act"(hereinafter
"Act"),and more particularly, Sections 31-12-104 and 105, have been met and further determined that an
election was not required under the Act, and that no additional terms or conditions are to be imposed.
Section 4. That notice of the public hearing for the annexation ordinance was published in the Brighton
Standard Blade on May 13,20, 27 and June 3,2009, as required by C.R.S. § 31-12-108,and the County
and Special District Notices were sent via certified mail on May 21,2009 as required by C.R.S. § 31-12-
108.
Section 5. That the annexation by and to the City of Brighton, State of Colorado,of that area described
on attached Exhibit A, shown in Exhibit B, situated, lying and being in the County of Weld, State of
Colorado,and to be known as"Vestas Blades and Nacelle Campus Annexation Map#I," is hereby
approved.
Section 6. That pursuant to C.R.S. Section 31-12-115, re-zoning of the property described in Exhibit A,
and shown in Exhibit B, shall be initiated and completed within ninety(90) days from the effective date
of this ordinance.
Office of the City Clerk
CITY OF BRIGHTON
22 South Aft ALS",•-
Brighton, CC 80601
INTRODUCED,PASSED ON FIRST READING,AND ORDERED PUBLISHED THIS
23RD DAY OF JUNE,2009.
CITY OF BRIGHTON,COLORADO
J�`d"
Ja a E. Pawlowski, Mayor
ATTEST: .:•.. )
1111111111111111111111111111111111111111111111111111111
� o�, 3641449 08/07/2009 04:28P Weld County, CO
Gayle Martinez, City Clerk U 2 of 4 R 21.00 0 0.00 Steve Moreno Clerk& Recorder
Published in the Standard Blade
First Publication: July 1, 2009
APPROVED AS TO FORM:kbJit &JCL'
Margaret rubaker, Esq.,City Attorney
PASSED ON SECOND AND FINAL READING AND ORDERED PUBLISHED
BY TITLE ONLY THIS 7th DAY OF July ,200 9 .
"'' CITY OF BRIGHTON, COLORADO
O �R/;;•,
1:.. • CLCZ
a . ^,,�-J : _ e E. Pawlowski, Mayor
ATTEST.' = ,a'. k =
Gayle artinez,City Clerk "\ U
Published in the Standard Blade
Last Publication: July 15, 2009
Office of the City Clerk
CITY OT BRIGHTON
22 S..n$f ,ky cauc
Brighter 14O6O1 Page 2 of 4
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3641449 08/01/200 III 111I! It ) II
11 IIIIIII I1I�III
3 of 4 R 21.00 D 0.00 Steve Moreno Clerk& Recorder
EXHIBIT A
LEGAL DESCRIPTION
Page 1 of 1
LEGAL DESCRIPTION-VESTAS BLADES AND NACELLE CAMPUS ANNEXATION MAP#1
BEING A PORTION OF THE NORTHWEST ONE-QUARTER OF SECTION 29, TOWNSHIP 1 NORTH,
RANGE 66 WEST OF THE 6TH PRINCIPAL MERIDIAN,WELD COUNTY COLORADO, AND BEING
ALL OF THAT PROPERTY DESCRIBED AT RECEPTION NUMBER 3599665, RECORDS OF THE
RECORDER'S OFFICE,WELD COUNTY, COLORADO, AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BASIS OF BEARINGS THE NORTH LINE OF THE SOUTHWEST ONE-QUARTER OF SECTION 29,
TOWNSHIP 1 NORTH, RANGE 66 WEST OF THE 6TH PRINCIPAL MERIDIAN,
MONUMENTED AT THE WEST ONE-QUARTER CORNER BY A RECOVERED AND
ACCEPTED 3-1/4 INCH ALUMINUM CAP STAMPED"STANTEC, T1 N, R66W, 530/S29,
2007, PLS 25942"IN A RANGE BOX AND AT THE CENTER 1/4 CORNER OF SAID
SECTION 29 BY A RECOVERED AND ACCEPTED 1-1/4 INCH AXLE, WITH THE LINE
CONSIDERED TO BEAR N89°32'31"E A DISTANCE OF 2,650.71 FEET, WITH ALL
BEARINGS CONTAINED HEREIN RELATIVE THERETO.
COMMENCING AT THE WEST 1/4 CORNER OF SAID SECTION 29;
THENCE N89°32'31"E ALONG THE SOUTH LINE OF SAID NORTHWEST ONE-QUARTER OF
SECTION 29 A DISTANCE OF 551.89 FEET TO THE POINT OF INTERSECTION OF SAID SOUTH
LINE OF THE NORTHWEST ONE-QUARTER AND THE EASTERLY LINE OF THE UNION PACIFIC
RAILWAY COMPANY 400 FOOT WIDE RIGHT-OF-WAY, AND THE POINT OF BEGINNING;
THENCE ALONG SAID EASTERLY LINE OF THE UNION PACIFIC RAILWAY COMPANY 400 FOOT
WIDE RIGHT-OF-WAY AND ALONG THE ARC OF A CURVE TO THE LEFT WHOSE CENTER BEARS
N76°43'34"W, HAVING A RADIUS OF 11,664.61 FEET,A CENTRAL ANGLE OF 12°56'59", AN ARC
LENGTH OF 2,636.35 FEET; THE CHORD OF WHICH BEARS N06°47'57"E, A CHORD DISTANCE OF
2,630.75 FEET TO THE INTERSECTION OF THE SOUTH RIGHT-OF-WAY LINE OF CROWN PRINCE
BOULEVARD(60' RIGHT-OF-WAY)AND SAID EASTERLY LINE OF THE UNION PACIFIC RAILWAY
COMPANY 400 FOOT WIDE RIGHT-OF-WAY;
THENCE N89°32'46"E ALONG A LINE 30 FEET SOUTH OF AND PARALLEL TO(AS MEASURED AT
RIGHT ANGLES)THE NORTH LINE OF SAID NORTHWEST ONE-QUARTER OF SAID SECTION 29, A
DISTANCE OF 1,765.18 FEET TO A POINT ON THE EAST LINE OF SAID NORTHWEST ONE-
QUARTER OF SECTION 29;
THENCE S00°29'35"E ALONG SAID EAST LINE OF THE NORTHWEST ONE-QUARTER, A DISTANCE
OF 1,289.71 FEET TO THE C-N 1/16Th CORNER OF SAID SECTION 29;
THENCE S00°28'52"E CONTINUING ALONG SAID EAST LINE OF THE NORTHWEST ONE-
QUARTER,A DISTANCE OF 1,319.83 FEET TO THE CENTER 1/4 CORNER OF SAID SECTION 29;
THENCE S89°32'31'W ALONG THE SOUTH LINE OF SAID NORTHWEST ONE-QUARTER OF
SECTION 29 A DISTANCE OF 2,098.82 FEET TO THE POINT OF BEGINNING.
CONTAINING A CALCULATED AREA OF 4,911,381 SQUARE FEET, OR 112.750 ACRES, MORE OR
LESS.
Office of me City Cleric
CI'I7t Q ' RRIGHTGN
22 South -.'I= Avenue Page 3 of4
Brighten ^C 8O6O1
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3641449 08/07/2009 04:28P Weld County, CO
4 of 4 R 21.00 D 0.00 Steve Moreno Clerk 8 Recorder
EXHIBIT B
Page 1 of 1
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Office of the City Clerk
CITY OF flRIGHTON
22 South. 1, Avenue Page 4 of 4
Brjghtcrr. c( Sntcn1
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Donna Bechler
From: Kenneth Swanson
Sent: Friday, January 08, 2010 11:28 AM
To: Bruce Barker; Richard Hastings; Lin Dodge
Cc: Donna Bechler; Kim Ogle; Donald Carroll; David Bauer; Esther Gesick; Trevor Jiricek; Frank
Piacentino
Subject: RE: Vestas Letter of Credit
Lin,
When you get a chance, would you please contact all departments with interest in this project
and see if they have outstanding issues. If so, what are they, would a surety cover it and
how much money will it take to cover it? I'm not sure what Weld County uses for an amount but
typical in the industry, coverage is for 115% of the cost to complete the outstanding work.
Ken
Original Message
From: Bruce Barker
Sent: Friday, January 08, 2010 11:05 AM
To: Kenneth Swanson; Richard Hastings
Cc: Donna Bechler; Kim Ogle; Donald Carroll; David Bauer; Esther Gesick; Trevor Jiricek;
Frank Piacentino
Subject: RE: Vestas Letter of Credit
Thanks. The key question in my mind is where are we at with our determination if they have
completed everything. I know that Brighton is wanting to get the surety in their hands
because they still have some outstanding issues. If we are done, I would like to have the
BOCC release and then get that surety down to Brighton.
Original Message
From: Kenneth Swanson
Sent: Friday, January 08, 2010 10:56 AM
To: Bruce Barker; Richard Hastings
Cc: Donna Bechler; Kim Ogle; Donald Carroll; David Bauer; Esther Gesick; Trevor Jiricek;
Frank Piacentino
Subject: RE: Vestas Letter of Credit
Mornin Bruce,
Yes, that is the Certification we propose to issue from Weld County. Concerns were raised in
the 1/7 meeting after it was mentioned the surety had the ability to be transferred to
Brighton. My concerns would be for any Weld County Departments that did not get completion or
still have outstanding issues on the project at the time we issue the Certification. I see
the surety is for $8 million. I can't speak of our other departments but I hardly think what
issues may be outstanding need that amount $$ of surety. If all Weld County Departments
involved in the project (i.e. : Health, Planning, Zoning, PW, . . . ) are satisfied, a surety for
Weld County may not be needed at all.
Ken ext. 3548
Original Message
From: Bruce Barker
Sent: Friday, January 08, 2010 8:34 AM
To: Richard Hastings
1
Donna Bechler
From: Richard Hastings
Sent: Friday, January 08, 2010 11:53 AM
To: Bruce Barker; Kenneth Swanson
Cc: Donna Bechler; Kim Ogle; Donald Carroll; David Bauer; Esther Gesick; Trevor Jiricek; Frank
Piacentino
Subject: RE: Vestas Letter of Credit
Bruce,
Public Work's related outstanding issues involve unfinished paving, some parking lots and
final dress-up and seeding of some drainage features. None of these items can be completed
before the proposed transference date sometime around the end of this month or early
February. After discussion with Vestas/Nolte and Brighton representatives, one proposal would
have Public Works transfer our "Punch List" of outstanding items to Brighton and have
Vestas/Nolte acknowledge that they are accountable to complete these items under the guidance
of Brighton. I agree with Ken that the amount of surety necessary for these issues would be
considerably less than the original amount.
Rich
Original Message
From: Bruce Barker
Sent: Friday, January 08, 2010 11:05 AM
To: Kenneth Swanson; Richard Hastings
Cc: Donna Bechler; Kim Ogle; Donald Carroll; David Bauer; Esther Gesick; Trevor Jiricek;
Frank Piacentino
Subject: RE: Vestas Letter of Credit
Thanks. The key question in my mind is where are we at with our determination if they have
completed everything. I know that Brighton is wanting to get the surety in their hands
because they still have some outstanding issues. If we are done, I would like to have the
BOCC release and then get that surety down to Brighton.
Original Message
From: Kenneth Swanson
Sent: Friday, January 08, 2010 10:56 AM
To: Bruce Barker; Richard Hastings
Cc: Donna Bechler; Kim Ogle; Donald Carroll; David Bauer; Esther Gesick; Trevor Jiricek;
Frank Piacentino
Subject: RE: Vestas Letter of Credit
Mornin Bruce,
Yes, that is the Certification we propose to issue from Weld County. Concerns were raised in
the 1/7 meeting after it was mentioned the surety had the ability to be transferred to
Brighton. My concerns would be for any Weld County Departments that did not get completion or
still have outstanding issues on the project at the time we issue the Certification. I see
the surety is for $8 million. I can't speak of our other departments but I hardly think what
issues may be outstanding need that amount $$ of surety. If all Weld County Departments
involved in the project (i.e. : Health, Planning, Zoning, PW, . . .) are satisfied, a surety for
Weld County may not be needed at all.
Ken ext. 3548
1
Original Message
From: Bruce Barker
Sent: Friday, January 08, 2010 8:34 AM
To: Richard Hastings
Cc: Donna Bechler; Kim Ogle; Donald Carroll; David Bauer; Kenneth Swanson; Esther Gesick
Subject: RE: Vestas Letter of Credit
Ken and Kim: Are we going to issue such a Certificate? Or are we allowing Brighton to do
that?
Original Message
From: Richard Hastings
Sent: Friday, January 08, 2010 8:16 AM
To: Bruce Barker
Cc: Donna Bechler; Kim Ogle; Donald Carroll; David Bauer; Kenneth Swanson; Esther Gesick
Subject: RE: Vestas Letter of Credit
Bruce,
I advised representatives from Vestas and Brighton at a meeting yesterday (1/7/09), that the
surety/collateral(LOC.# 445-02-0038089) could be transferred from Weld County(First
Beneficiary) to Brighton(Second Beneficiary. The actual LOC in paragraph 8. says the credit
shall be transferable ". . . .in compliance with Article 38 of UPC 600." I'm not sure of the
specifics as to how this takes place.
The one point I would like to make is that this transfer of collateral not take place until
Weld County Planning Services issues a "Certificate of Compliance" to Brighton, indicating
that the shell & core of the buildings were built according to the construction plans. This
timing of collateral transfer was discussed at the meeting yesterday. The inspections from
Planning necessary to generate this certificate will take place within the next month or so.
Ken Swanson from Planning Services can provide any further information relative to this
topic.
Thanks,
Rich Hastings
Weld County Public Works/Engineering Dept.
1111 H Street (Site Address)
P.O. Box 758 (Mailing Address)
Greeley, CO 80632-0758
Office:(970) 304-6496 EXT. 3727
Cell:(970) 381-3767
rhastings@co.weld.co.us
Original Message
From: Bruce Barker
Sent: Thursday, January 07, 2010 5:03 PM
To: Esther Gesick
Cc: Donna Bechler; Kim Ogle; Richard Hastings; Donald Carroll
Subject: RE: Vestas Letter of Credit
Yes, the annexation has occurred; however, the letter of credit was issued to both Weld and
Brighton. I have asked their attorney to send me a letter explaining about the annexation
and the fact that the project is substantially complete. Let's use that letter as the
2
request for release from the County, but then we need to send the LOC to Brighton for them to
hold.
Original Message
From: Esther Gesick
Sent: Thursday, January 07, 2010 4:49 PM
To: Bruce Barker
Cc: Donna Bechler; Kim Ogle; Richard Hastings; Donald Carroll
Subject: RE: Vestas Letter of Credit
Bruce,
Haven't they annexed to Brighton? If so, they should probably get a new letter of credit
arranged with Brighton and ours could be released. Thoughts?
Vestas Blades America, Inc. USR #1676 (PL1989 #2009-1586)
On-site Improvements, Irrevocable Letter of Credit #445-02-0038089
Nordea Bank Danmark A/S (Copenhagen Denmark)
Expires 06/30/2010 with auto renewal or
90 days notice $8,499,191.70
Esther E. Gesick
Deputy Clerk to the Board
Weld County, Colorado
915 10th Street
Greeley, CO 80631
(970)356-4000 X4226
(970)352-0242 (fax)
Original Message
From: Bruce Barker
Sent: Thursday, January 07, 2010 4:22 PM
To: CTB
Subject: Vestas Letter of Credit
One of the lawyers for Vestas called to ask if we have sent the letter of credit to Brighton.
I could not remember what we did (have done) . Any ideas?
3
a
(it
CLERK TO THE BOARD
PHONE (970) 336-7215, Ext. 4225
' FAX: (970) 352-0242
P. O. BOX 758
C. GREELEY, COLORADO 80632
COLORADO
February 8, 2010
ATTN: MARGARET BRUBAKER, CITY ATTORNEY
MEHAFFY BRUBAKER & ERNST, LLC
21 NORTH 1st AVENUE, SUITE 290
BRIGHTON, COLORADO 80601-1638
RE: Cancellation and Release of Collateral and Inspection Duties for Vestas Blades America,
Inc.
Ms. Brubaker:
On February 1,2010,the Board of County Commissioners approved the cancellation and release of
collateral and inspection duties for Vestas Blades America, Inc., and released it to the City of
Brighton, Colorado, as the Second Beneficiary, in the amount of $8,499,191.70, as referenced
above. Enclosed is a copy of the Resolution signed by the Board of County Commissioners, and
the staff memorandums from the Departments of Public Works and Planning Services dated
January 13, and February 1, 2010, respectively. I will forward a copy of the signed and recorded
Resolution to you as soon as it has been recorded. I am enclosing the original Irrevocable Standby
Letter of Credit No. 445-02-0038089 for$8,499,191.70 since it has been transferred to the City of
Brighton.
If you have questions or need additional information, please do not hesitate to contact me at (970)
356-4000, Extension 4227.
Very truly yours,
BOARD OF COUNTY COMMISSIONERS
)441,/,‘
Donna J. Be ler
Deputy Clerk to the Board
Cc: Vestas
Bruce Barker, CA
Kim Ogle, PL
Rich Hastings, PW
Norclea
[act: evil)
JUL 13 Zoo
BRUCE BARKER, WELD COUNTY ATTORNEY WELD COUNTY
WELD COUNTY GOVERNMENT ATTORNEY s OFFICE
915 10TH STREET
GREELEY, COLORADO 80631, U.S.A.
8 July 2009
Tove Frederiksen
Phone no 45 33 33 12 57
Dear Sirs
Guarantee number 445-02-0038089
Further Reference no: 445020038089
Amount: USD 8.499. 191 , 70
In favour of: 1 .ST BOARD OF COUNTY COMMISSIONERS
OF WELD COUNTY, COLORADO
AND
2.ND CITY OF BRIGHTON, COLORADO
Enclosed please find Irrevocable Standby Letter of Credit for
Board od County Commissioners of Weld County, Colorado, which
we forward to you on behalf of Vestas Blades America Inc.
Yours faithfully
Nordea Bank ;Danmark A/S
Trade Finance
Nordea Bank Danmark A/5 Postal address: Visiting address: Tel +45 33 33 33 33
Trade Finance Post Box 850 Strandgade 3 Fax +45 33 33 51 05
0900 Copenhagen C 1401 Copenhagen K
Denmark Denmark S.W.I.F.T. NDEA DK KK
Company registration number 13522197,Copenhagen,Denmark
Noraeo
Page 1 of 4
IRREVOCABLE STANDBY LETTER OF CREDIT FOR
BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO
AND CITY OF BRIGHTON
Date 8th July 2009 No. 445-02-0038089
(First Beneficiary)
BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO
915 Tenth Street
Greeley, Colorado 80631
Attn: Clerk to the Board
(Second Beneficiary)
CITY OF BRIGHTON, COLORADO
22 South 4th Avenue
Brighton, Colorado 80601
Attn: Director of Finance
(Company)
VESTAS BLADES AMERICA, INC.
11140 Eastman Park Drive
Windsor, Colorado, CO 80550
Ladies and Gentlemen:
Effective immediately, at the request of and on behalf of VESTAS BLADES AMERICA,
INC. (the "Company") we hereby issue this Letter of Credit 445-02-0038089 for
$8,499,191.70 (Eight Million Four Hundred and Ninety-nine thousand One Hundred
ninety-one 70/100 US Dollars) in favor of the Board of County Commissioners of
Weld County, Colorado, the First Beneficiary and the City of Brighton, Colorado the
Second Beneficiary. This Letter of Credit is issued to permit Company to meet the
requirements of the Use By Special Review Permit #1676 approved with condition by
resolution of the Weld County Board of County Commissioners adopted December 10, 2008
("USR Permit") for development of the property (as defined therein, the "Property") and the
Site Development Agreement and the First Amendment thereto between the Company and the
City of Brighton dated(hereinafter"Site Development Agreement").
This amount may be drawn on at our office located at Nordea Bank Danmark A/S, Trade
Finance, Strandgade 3, P.O. Box 850, DK-0900 Copenhagen C, Denmark.
We hereby undertake to honor your sight draft drawn on us bearing upon its face the
Nordea Bank Danmark NS Postal address. Visiting address: Telephone +45 33 33 33 33
Trade Finance Post Box 850 Strandgade 3 Telefax +45 33 33 51 05
0900 Copenhagen C 1401 Kobenhavn C Telex 27543 NDEA DK
Denmark DenmarkS.W.I.F.T. UNIB DK KK
Company registration number 13522197,Copenhagen,Denmark
Noraea r"
Page 2 of 4
clause: "Drawn under Nordea Bank Danmark A/S Letter of Credit Number 445-02-
0038089, dated 8th July 2009",when accompanied by the following:
1. The original of this Letter of Credit and any subsequent amendments, if any. (The
Beneficiary submitting this original Letter of Credit may be assumed by the issuer to be
the Beneficiary holding rights to such Letter of Credit at the time of such presentation.)
2. If presented by Weld County, the First Beneficiary, an original of Weld County's
statement purportedly manually signed by a member of the Board of County
Commissioners of Weld County, Colorado stating one or more of the following:
a. "The Board of County Commissioners of Weld County, Colorado
hereby certifies that it is entitled to draw US Dollars (Written
Amount of Withdrawal) ($ ) under Nordea Bank Danmark A/S, Letter
of Credit Number 445-02-0038089 dated 8th July 2009 because
(Name of Company) has defaulted on its obligations under the
USR Permit, by (State Nature of Default).
b. "The Board of County Commissioners of Weld County, Colorado
hereby certifies that it is entitled to draw US Dollars (Written
Amount of Withdrawal) ($ ) under Nordea Bank Danmark A/S, Letter of
Credit Number 445-02-0038089 dated 8th July 2009 because
(Name of Company) has not, to the satisfaction of the Board of
County Commissioners of Weld County, Colorado, within sixty (60) days
of the expiration date of this Letter of Credit replaced or renewed this
Letter of Credit."
3. If presented by the City of Brighton, the Second Beneficiary, by an original
signed written statement by an authorized representative of the City of Brighton
addressed to us stating:
The amount represented by the draft accompanying this statement
is the amount required to be paid to Beneficiary on account of the default
of Company under the USR Permit and/or the Site Development
Agreement
4. The statements from either Weld County Board of Commissions provided in
Paragraph 2 above or the statement from an authorized representative of the City of
Brighton provided in Paragraph 3 above are acceptable if presented in the form of a
Resolution formally adopted by the Board of County Commissioners of Weld County,
Colorado or by signature of the representative of the City evidencing the authority of the
representative. Additionally, a copy of the statements may be submitted by facsimile
transmission or by electronic mail, if said transmission source can be verified by us.
Nordea Bank Danmark A/S Postal address: Visiting address: Telephone +45 33 33 33 33
Trade Finance Past Box 850 Strandgade 3 Telefax +45 33 33 51 05
0900 Copenhagen C 1401 Kobenhavn C Telex 27543 NDEA DK
Denmark DenmarkS.W.I.F.T. UNIB DK KK
Company registration number 13522197,Copenhagen,Denmark
nioraeo ---
Page 3 of 4
5. It is a condition of this Irrevocable Letter of Credit that it be considered
automatically extended without amendment for additional periods of one year from the
present or any
future expiration date unless we notify you, the Beneficiary, in writing, not less than
ninety (90) days before such date that we elect not to extend this Letter of Credit for such
additional term. This notice will be sent to the address herein (will be sent to both above
mentioned beneficiary's on the above mentioned addresses), sent by certified mail, return
receipt requested. Upon your receipt of said notice, you may draw on us at sight for the
balance remaining under this Letter of Credit within the then applicable expiration date.
6. Partial drawings under this Letter of Credit are permitted.
7. For purposes of the Letter of Credit, Vestas Blades America, Inc. shall be deemed
in default if one or more of its obligations under the USR and/or the Site Development
Agreement is/are not met within the time frame(s) set forth in said USR and/or Site
Development Agreement.
8. This Credit shall be transferable, as directed by an authorized representative of the
Board of County Commissioners of Weld County, Colorado, the First Beneficiary to the
City of Brighton,the Second Beneficiary in compliance with Article 38 of UPC 600.
We hereby promise you that a draft drawn under and in compliance with the terms and
conditions of this Letter of Credit will be duly honored by us if presented at this office
(Nordea Bank Danmark A/S, Strandgade 3, DK-1401 Copenhagen C, Denmark) or by
registered mail to this office (Nordea Bank Danmark A/S, Strandgade 3, P.O.Box 850,
DK-0900 Copenhagen C, Denmark) on or before the current expiration date, currently
30 June 2010 (Expiration Date), or any future applicable expiration date as described
herein.
Draft presentation before 10:00 a.m. on any Business Day shall be honored within 3
business days by wire transfer in immediately available funds to any account designated
by an authorized representative of the Beneficiary submitting such draft.
Draft presentation between 10:00 a.m. and 5:00 p.m. on any Business Day shall be
honored within 4 business days by wire transfer in immediately available funds to any
account designated by an authorized representative of the Beneficiary presenting such
draft. As used in this Credit, the term "Business Day" shall mean a day other than
Saturday or Sunday or any other Banking Holiday in Denmark.
This Letter of Credit sets forth in full the terms of our undertaking, and such undertaking
shall not in any way be modified, amended, amplified or limited by reference to any
document, instrument or agreement referred to herein or to which this Letter of Credit
relates.
Nordea Bank Danmark NS Postal address: Visiting address: Telephone +45 33 33 33 33
Trade Finance Post Box 550 Strandgade 3 Telefax +45 33 33 51 05
0900 Copenhagen C 1401 Kobenhavn C Telex 27543 NDEA DK
Denmark DenmarkS.W.I.F.T. UNIB DK KK
Company registration number 13522197,Copenhagen,Denmark
Noraeo nar
Page 4 of 4
Except to the extent terms hereof are inconsistent with its provisions, in which case this
Letter of Credit shall govern, this Letter of Credit is subject to the Uniform Customs and
Practice for Documentary Credits (1993 Revision), the International Chamber of
Commerce Publication No. 600.
Yours truly,
Name: Nordea Bank Danmark A/S
Trade Finance
Authorized Officers:
Tove Frederiksen Jonna Andersen
Nordea Bank Danmark NS Postal address: Visiting address: Telephone +45 33 33 33 33
Trade Finance Post Box 850 Strandgade 3 Telefax +45 33 33 51 05
0900 Copenhagen C 1401 Kobenhavn C Telex 27543 NDEA DK
Denmark DenmarkS.W.I.F.T. UNIB DK KK
Company registration number 13522197,Copenhagen,Denmark
Donna Bechler
From: Christine Hoth [CHoth@sennlaw.com]
Sent: Friday, February 05, 2010 2:37 PM
To: Esther Gesick; Bruce Barker
Cc: Donna Bechler; Joel Rosenstein
Subject: RE: Vestas Main Campus/Letter of Credit
To all of you:
Thank you on behalf of Vestas.
We appreciate all of your hard work in facilitating Vestas' development.
Regards,
Chris Hoth
Christine Rothe Hoth
Attorney
SENN VISCIANO Rosenstein P.C.
1801 California#4300
Denver CO 80202
Phone: (303)298-1122
Fax: (303)296-9101
Email: CHothc SennLaw.com
www.SennLaw.com
This electronic mail transmission and any accompanying documents contain information belonging to the sender which may be confidential and legally privileged.
This information is intended only for the use of the individual or entity to whom this electronic mail transmission was sent as indicated above. Any disclosure,
copying,distribution,or action taken in reliance on the contents of the information contained in this transmission is strictly prohibited. If you have received this
transmission in error,please delete the message and notify us by calling 303-298-1122 or e-mailing chothOsennlaw.com.
DISCLOSURE UNDER IRS CIRCULAR 230: Any tax advice contained in this communication (including any
attachments) is not intended or written to be used, and may not be used, by a taxpayer for the
purpose of avoiding tax penalties under United States federal tax laws or promoting, marketing or
recommending to another party any tax related transaction or matter addressed herein
From: Esther Gesick [mailto:egesick@co.weld.co.us]
Sent: Friday, February 05, 2010 2:34 PM
To: Bruce Barker
Cc: Donna Bechler; Christine Hoth
Subject: RE: Vestas Main Campus/Letter of Credit
Bruce,
The original Letter of Credit, a copy of the Commissioners Resolution, and the corresponding
staff memorandums detailing the remaining items to be completed will go out in Monday's mail.
Thanks!
Esther E. Gesick
Deputy Clerk to the Board
Weld County, Colorado
915 10th Street
Greeley, CO 80631
(970)356-4000 X4226
(970)352-0242 (fax)
1
Original Message
From: Bruce Barker
Sent: Friday, February 05, 2010 1:57 PM
To: CTB
Subject: FW: Vestas Main Campus/Letter of Credit
We need to transfer the original letter of credit for Vestas to Brighton. Need to send to
the City Attorney, Margaret Brubaker, Mehaffy Brubaker & Ernst, LLC, 21 N 1st Avenue, Suite
290, Brighton, CO 80601-1638.
Original Message
From: Christine Hoth [mailto:CHoth@sennlaw.com]
Sent: Friday, February 05, 2010 11:06 AM
To: Bruce Barker
Cc: Joel Rosenstein
Subject: RE: Vestas Main Campus/Letter of Credit
Bruce,
Thank you.
Have you talked to Brighton to coordinate delivery?
Regards,
Chris Hoth
Christine Rothe Hoth
Attorney
SENN VISCIANO Rosenstein P.C.
1801 California #4300
Denver CO 80202
Phone: (303) 298-1122
Fax: (303) 296-9101
Email: CHoth6iSennLaw.com <blocked: :mailto:MRKrueger@SennLewis.com>
From: Bruce Barker [mailto:bbarker@co.weld.co.us]
Sent: Friday, February 05, 2010 10:49 AM
To: Christine Hoth
Subject: Re: Vestas Main Campus/Letter of Credit
Yes. The Board approved our release on Wednesday.
From: Christine Hoth <CHoth@sennlaw.com>
To: Bruce Barker
Cc: Joel Rosenstein <JRosenstein@sennlaw.com>
Sent: Fri Feb 05 10:47:05 2010
Subject: Vestas Main Campus/Letter of Credit
Bruce,
2
It is my understanding that Weld County issued a Certificate of Compliance on Monday February
1 and Brighton issued a TCO.
Are the authorizations in place to transfer the letter of credit to Brighton?
Please let me know the status.
Regards,
Chris Hoth
Christine Rothe Hoth
Attorney
SENN VISCIANO ROsenstein P.C.
1801 California #4300
Denver CO 80202
Phone: (303) 298-1122
Fax: (303) 296-9101
Email: CHoth@SennLaw.com <blocked: :mailto:MRKrueger@SennLewis.com>
3
Hello