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Home My WebLink About20100229.tiff 958 RESOLUTION RE: APPROVE PARTIAL CANCELLATION AND RELEASE OF COLLATERAL (PUBLIC IMPROVMENTS) FOR USE BY SPECIAL REVIEW PERMIT#1638 - BARTEZ, LLC 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 March 5, 2008,the Weld County Board of Commissioners approved Use by Special Review #1638, for Bartez, LLC, P.O. Box 888, Longmont, Colorado 80502, for a Use Permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts(truck parking, maintenance, and office)in the A(Agricultural)Zone District on the following described real estate, to-wit: Lot B of Recorded Exemption #3975; being part of the NE1/4 of Section 17, Township 2 North, Range 66 West of 6th P.M., Weld County, Colorado WHEREAS, on March 9, 2009, the Board of County Commissioner of Weld County, Colorado, approved an Improvements Agreement According to Policy Regarding Collateral for Improvements (Public Road Maintenance) for Use by Special Review Permit#1638, between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Bartez, LLC, with terms and conditions being as stated in said agreement, and accepted Irrevocable Standby Letter of Credit 794-4858,dated February 24,2009,from FirstBank of Longmont, 1707 North Main Street, Longmont, Colorado 80501, in the amount of$3,804.00, and WHEREAS,staff from the Weld County Departments of Planning Services and Public Works has conducted visual inspections and recommends release of a portion of said collateral, in the amount of$2,500.00, and WHEREAS,the Board has been presented with replacement Irrevocable Standby Letter of Credit #794-4858, dated January 15, 2010, in the amount of $1,304.00, drawn on FirstBank of Longmont, 1707 North Main Street, Longmont, Colorado 80501, and NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that Irrevocable Standby Letter of Credit#794-4858, dated February 24, 2009, from FirstBank of Longmont, 1707 North Main Street, Longmont, Colorado 80501, in the amount of $3,804.00, be, and hereby is, canceled and released. BE IT FURTHER RESOLVED by the Board that replacement Irrevocable Standby Letter of Credit#794-4858, dated January 15, 2010, in the amount of $1,304.00, drawn on FirstBank of Longmont, 1707 North Main Street, Longmont, Colorado 80501, be and hereby is, accepted. 111111 Itli 1111111W 1113 IIII 111111 III IN 3 It 3678958 03/03/2010 1 of 2 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 2010-0229 PL1952 Go : L . P�z) PARTIAL CANCELLATION AND RELEASE OF COLLATERAL (PUBLIC IMPROVMENTS) FOR USE BY SPECIAL REVIEW PERMIT#1638 - BARTEZ, LLC PAGE 2 BE IT FURTHER RESOLVED by the Board that the Clerk to the Board be, and hereby is, directed to return said released collateral to the appropriate issuing party. 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: a` + /.; 'J •.rf� - (' y Weld County Clerk tot i Dou I s Rademacher, C air ,n �{ a rbara Kirkmeyer, ro-Tem Deputy Clerk to the Bo d Sean C ay A FRO*D AST - DRM qvy( illiamF. Garcia ounty Afrrney Excused David E. Long Date of signature: 42//0 1111111 11111 111111 111111111111111111111 III 11111 1111 1111 3678958 03/03/2010 02:30P Weld County, CO 2 of 2 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 2010-0229 PL1952 ce Memorandum TO: Clerk to the Board Office Board of County Commissioners DATE: January 27, 2010 COLORADO FROM: Kim Ogle Department of Planning Services RE: Partial Release of Collateral USR-1638 Bartez, LLC The Department of Planning Services has received a request for partial release of collateral held for the Bartez, LLC for the truck parking, maintenance and office facility, currently held in two separate Irrevocable Letter of Credit from FirstBank of Longmont for Private and Public site improvements. Bartez, LLC., (PL1952-#2009-0595) USR#1638 Improvement Agreement(Private) Irrevocable Letter of Credit from FirstBank of Longmont Expires 02/24/2010 $39,708.00 Bartez, LLC., (PL1952-#2009-0594) USR#1638 Improvement Agreement(Public) Irrevocable Letter of Credit from FirstBank of Longmont Expires 02/24/2010 $3,804.00 This request is being made after completion of various required improvements. At this time, Public Works has determined that several public works related items are complete; Planning has determined that many landscaping improvements are complete, with several outstanding items enumerated here: Outstanding Public Improvements[Exhibit A, USR-1638 Bartez, Reception No., 3614120] include: Retain Street Grading $ 190.00 Retain Street Base $ 304.00 Retain Road Culvert $ 810.00 Waive Supervision & Engineering Replacement Collateral $ 1,304.00 dollars Outstanding Private Improvements [Exhibit A, (Public Works) USR-1638 Bartez, Reception No., 3612780] include: Retain Detention Ponds $ 310.00 Retain Stop Sign $ 350.00 Retain Internal 12" D. Road Culvert $ 1050.00 Retain Grading Grass Lined Swale $ 3105.00 Replacement Collateral $ 6,315.00 dollars 2010-0229 1 Outstanding Private Improvements [Exhibit A, (Planning) USR-1638 Bartez, Reception No., 3612780] include: Retain Fencing $ 672.00 Retain Trees (6) $ 1500.00 Retain Non-Irrigated Seed Mix/Prep $ 5500.00 Replacement Collateral $ 7,722.00 dollars Replacement collateral The applicant, Bartez, LLC, has submitted replacement collateral to cover the outstanding improvements. Irrevocable Letter of Credit from FirstBank of Longmont#794-4858 in the amount of one thousand three hundred and four(1,304.00) and no/100s dollars is the replacement collateral for the Public off-site, improvements, and Irrevocable Letter of Credit from FirstBank of Longmont # 794-4831 in the amount of fourteen thousand thirty-seven (14,037.50) and no/100s dollars is the replacement collateral for the Private, on-site, improvements. The Departments of Planning Services and Public Works have reviewed this request and support the partial release of collateral. The Weld County Attorney, the Department of Public Works and the Department of Planning Services, have determined that replacement collateral is sufficient to complete the on-site and off-site improvements required for the Bartez, LLC facility, and we recommend acceptance of Irrevocable Letter of Credit from FirstBank of Longmont# 794-4858 and Irrevocable Letter of Credit from FirstBank of Longmont# 794-4831 by the Board of County Commissioners. 2 L PUBLIC WORKS DEPARTMENT f ® #E 1111 H STREET, P.O. BOX 758 xi jj GREELEY, COLORADO 80632 i , r I WEBSITE: WWW.CO.WELD.CO.US PHONE: (970) 356-4000, EXT. 3750 O T , N,, - FAX: (970) 304-6497 Date: 12-21-09 Inspection RE: Bartez, LLC.-(USR-1638)WCR 22, west of WCR 29 Punch List It was noted during the above-mentioned inspection that the items mentioned below were either inadequately installed or not located, and will require further mitigation or an explanation as to the deviation from the accepted Construction Plans: 1) Total extent/length of Silt Fence (SF) not installed in the area near the entrance and detention pond. 2) Various Culvert Inlet Protection (CP) not installed throughout the project, resulting in Culvert Flared- End-Section (FES) being damaged. All (FES) must be free of debris, repaired and restored to original configuration in order to allow proper flow of run-off. 3) Culvert NO. 1 and associated structures not located on access road. 3) Detention Pond and associated structures not located. 4) Drainage Swale, beginning west of the Maintenance Building, not completed and row of stockpile material placed where Swale should be on the north-west side of the building. 5) Extended culvert and associated structures, at entrance on WCR 22, not located. 6) Wheel Stops in parking area adjacent to the Maintenance Building not located. 7) Handicap parking area located on south side of Maintenance Building, instead of north side and not graded level with parking area to allow smooth access to parking slab. Please explain. 8) Vehicle Tracking Control (VTC) south of and adjacent to the cattle guard on access road not located. 9) Stop Sign at entrance onto WCR 22 not located. 10) Type "L" Rip Rap not located on culvert outlet at entrance to Modular House on access road. 11) Erosion Logs (EL) not located in drainage ditches and swales throughout the project. 12) Area adjacent to south side of Maintenance Building needs to be re-graded in order to allow run-off to enter drainage system. Run-off was draining down the middle of the access road during the inspection. "Note-Construction Plans utilized during the inspection: Alliance Consulting-Engineers & Surveyors Drawing Name-8120DRN.DWG Job Number-208-120 Engineer-David E. Moore Inspector: Rich Hastings Weld County Public Works/Engineering Dept. P.O. Box 758, Greeley, CO 80632-0758 Office:(970) 304-6496 EXT. 3727 Cell:(970) 381-3767 rhastings(a�co.weld.co.us C:ADocuments and Settings VkogleALocal Settings\Temporary Internet Files V Content.Outlook\NUIE6KGOA13artez(USR-I638)Punch List(12-21-09)(2).dOCX IRREVOCABLE STANDBY LETTER OF CREDIT Letter of Credit Number: 794-4858 Amount: U.S. $ 1,304.00 one thousand three hundred and four dollars and zero cents U.S. DOLLARS) This Letter of Credit is issued on January 15, 2010 by Issuer in favor of the Beneficiary for the account of Applicant. The parties' names and their addresses are as follows: APPLICANT: BARTEZ LLC PO Box 888 Longmont, CO 80502 BENEFICIARY: COUNTY OF WELD Board of County Commissioners 915 Tenth Street PO Box 758 Greeley, CO 80632 ISSUER: FIRSTBANK OF LONGMONT 1707 North Main Street Longmont, CO 80501 1. LETTER OF CREDIT. Issuer establishes this Irrevocable Standby Letter of Credit (Letter of Credit) in favor of Beneficiary in the amount indicated above. Beneficiary may draw on this Letter of Credit with a Draft (or Drafts, if the maximum number of drawings is greater than one). Each Draft shall be signed on behalf of Beneficiary and be marked "Drawn under FirstBank of Longmont Letter of Credit No. 7944858 dated January 15, 2010." Drafts must be presented at Issuer's address shown above on or before the Expiration Date. The presentation of any Draft shall reduce the Amount available under this Letter of Credit by the amount of the draft. This Letter of Credit sets forth in full the terms of Issuer's obligation to Beneficiary. This obligation cannot be modified by any reference in this Letter of Credit, or any document to which this Letter of Credit may be related. This Letter of Credit expires on the Expiration Date. 2. DRAWINGS. Partial drawings shall not be permitted under this Letter of Credit. "Draft" means a draft drawn at sight. 3. DOCUMENTS. Each Draft must be accompanied by the following, in original and two copies except as stated: A. The original Letter of Credit, together with any amendments. Issuer shall be entitled to accept a draft and the documentation described above, as required by the terms of this Letter of Credit, from any person purporting to be an authorized officer or representative of Beneficiary without any obligation or duty on the part of Issuer to verify the identity or authority of the person presenting the draft and such documentation. 4. EXPIRATION DATE. This Letter of Credit expires at the close of business at Issuer's address at 6:00 PM Mountain Time (Time) on January 15, 2011 (Date). Issuer agrees to honor all Drafts presented in strict compliance with the provisions of this Letter of Credit on or before the Expiration Date. 5. NON-TRANSFERABLE. This Letter of Credit is net transferable. 6. APPLICABLE LAW. This Letter of Credit is governed by the Uniform Customs and Practice for Documentary Credits, 2006 Revision, International Chamber of Commerce Publication No. 600 (UCP), or any later version or amendment. This Letter of Credit is also governed by the laws of Colorado, except as those laws conflict with the UCP. ISSUER: FirstBank of L ngmont By Ryan J. Cas , Banking Offi Date Zo/O Bartez LLC Standby Letter Of Credit C0/4KOLacert001181300006522026011410Y Wolters Kluwer Financial Services©1996, 2010 Bankers Systemsr" Page 1 EXHIBIT "A'• Name of Subdivision or Planned Unit Development Bartel USR-1638 Faltnv:- --------__�� Location; Lot 13 of RE-3975:PT of the NE Ii4 of Section 17,T2N,Rh6W of the 6th P.M.,Weld County,CO Intending to be Legally bound.the undersigned Applicant hereby agrees to provide throughout this Subdivision or Planned Unit Development the fallowing improvements. (:cave spaces blank where.hey do not apply.) Improvements Quantity Units Unit l.siimated Construction ('lKIS Cost Site grading Street grading 52.25 SY 5190.00 Street base $3.60 SY S304.00 Street paving Curbs.gutters.and culverts Sidewalk Storm sewer facilities Retention ponds Ditch Improvements _ _ Subsurface drainage Sanitary sewers Trunk and forced Imes Mains Laterals(house connected) On•site sewage facilities On-ca:e water supply and storage Water Mains(includes bore) Fire hydrants Survey and street monuments and boxes Street lighting Street Names Fencing requirements Landscaping Pnrk improvements Road culvert �4utiuu 1 A Sf11A.00 (irass lined sw;ale Telepltuoc Gas Electric Waic,transfer SUB-TOTAL: 51.304.01) fngirecring and Supervision Costs S 52,500.00 (Testing.inspection,as-built plans and work in nddalinn to prelammary and final plat:snperviann of actual construction by contactors) TOTAL ESTIMATE[)COST (.)F IMPROVEMENTS AND SUPERVISION S 3,804.00 111' 1 \'I4'! rStege morello clerk&Recorder 9 01 12 80,00 EXHIBIT A(PUBLIC WORKS) Name of USR or SPK: 13arlez USR-1638 Filing: Location: Lot B of RE-3975: PT NEI/4 of Section 17.T2N.R66W of 6th P.M..Weld County.CO [mending to be legally hound,the undersigned Applicant hereby agrees to provide throughout this USR or SPR • the following improvements. (Ixave spaces blank where they do not apply) it t•:nc tPace.id:Iv:."he,:they do n.4 appty) -_ Imprneernents Quantity Units Unit Ftiaintawd (L(ts (brslruction Cast Site grading 5536 CY 2.17 $12,013 Street grading .2437 SY 2.00 $4,874- street base 2437 SY 3.60 $8,773 Street paving Curbs,gutters,and culverts Siti alk _ ... Stutm sewer facilities Detention ponds (Water Quality) 143 CY 2 17 $310 Duch Int)n%snit ots Subsurlircc dratnagc Sutvey and street monument%and boxes Street Names Stop Sign 1 EA 350 $350 Road culvert (12"w/FES) F.A 350 S1,050 Grass lined Swale (Grading) 1380 LF 2.25 53.105 ()thee(please expla:nl (Outlet Structure) I EA 1500 S 1,500 SLiB•T<)TA1.: S 31,986 111111111111111111111111111 i1111111i111 ill 11111 36°t 780 R 0.00 2009 03-35P 0 0.Q Steve Moreno County. CO 111i Moreno Clerk& Recorder 7 uco,sd t:a,r,=ir)i to.At,k£E\1rNTSN•RWATr MUNTENAt.,(F i ISR OR SPR•.ttrntd r EXIIIIII 1'A(PLANNING SERVICES) Name CSR or SPR: Battez L1SR-1635 Location: Lot B of RE-3975;PT NE 1/4 of Section 17,T2N,R66W or6th P.M.,Weld County,CO Intending to he legally bounc.the undersigned Applicant hereby agrees to provide throughout this I.ISR or Si'It the following impmvcrrients IL�a.e tome.i'ani:Ahem Iix't o Fin ipplvl lmprosement4 t,La•.t:ty Units I¶nit l%imafed Coats Construction Cost Sanitary sewers Trunk and forced!Ines Laterals(house connected) On-site sewage facilities C n.site water supply and starage - Water Mains(includes bore) Fire hydrant. Street lighting fencing requirements i 68 L h $4.00 $672 Landscaping (Trees) 6 LA 250 $1,500 Park improvements Iekphone Gas Electric Water transfer Non-Irrieated Seed Mix w/Soil Pren 15,50() SE 11.3() $5,550 Sl;B-TOTAL: Y 7.722 Engineering and Supervision Costs S 0 t lc,i NI. II p.UIt NI. a.buili pl4Ib and %oil in add)Uun to rrdiminary and final plat.supervision of actual ei'n,iruciun M euntr.teturs) TOTAL ESTIMATED COST O1:IMPROVEMENTS I'S AND SUPERVISION $ 39.708.00 the above improvements shall he constructed in accordance with all County requirements and specifications. and conformance with this provision shall be determined solely by Weld County,or its duly authorized agent. Said imps cots sh II completed according to the construction schedule set out in Exhibit H. By: (— /" (4 -) • 0n Applic t Title Date. Applicant Title Date — (If corporation,to he signed by President and attested to by Secretary,together with corporate seal.) 8 {IIIIIE'II'f E1111111111 11111111111I kevbcd NVMMI:t.Mi-:!'srs'PRIV'A1E S41tNTENANC1::l:SR0RsPk•.10,,ndo.; 3612780 03/25/2009 03:35P Weld County, CO 8 al 10 R 0.00 3 0.00 Steve Moreno Clerk& Recorder CLERK TO THE BOARD ' PHONE (970) 336-7215, Ext. 4225 FAX: (970) 352-0242 P. O. BOX 758 O GREELEY, COLORADO 80632 • COLORADO February 8, 2010 Bartez, LLC P.O. Box 888 Longmont, Colorado 80502 RE: Partial Cancellation and release of Collateral for Bartez, LLC (Public Improvements) To Whom It May Concern; On February 1, 2010, the Board of County Commissioners approved the partial cancellation and release of collateral for Bartez, LLC, in the amount of$2,500.00, as referenced above,and accepted replacement collateral from FirstBank of Longmont, in the amount of$1,304.00. Enclosed is a copy of the Resolution signed by the Board of County Commissioners. I will forward a copy of the signed and recorded Resolution to you as soon as it has been recorded. The original Irrevocable Letter of Credit No. 794-4858 for$3,804.00, has been returned to FirstBank of Longmont. 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 By: Donna J. Be er Deputy Clerk to the Board 0 (it CLERK TO THE BOARD ' PHONE (970) 336-7215, Ext. 4225 111 pFAX: (970) 352-0242 P. O. BOX 758 • GREELEY, COLORADO 80632 COLORADO February 8, 2010 FirstBank of Longmont 1707 North Main Street Longmont, Colorado 80501 RE: Partial Cancellation and release of Collateral — Bartez, LLC (Public Improvements) To Whom It May Concern: Attached hereto please find the Board of County Commissioners Resolution partially releasing the collateral for Bartez, LLC, in the amount of$2,500.00, and the original Irrevocable Letter of Credit No. 794-4858, issued by FirstBank of Longmont, in the amount of $3,804.00. If you have questions or need additional information, please do not hesitate to contact me at (970) 3564000, Extension 4227. Very truly yours, BOARD OF COUNTY COMMISSIONERS By' s onna J. Be hler, Deputy Clerk to the Board IRREVOCABLE STANDBY LETTER OF CREDIT Letter of Credit Number: 794-4858 Amount: U.S. $ 3,804.00 (three thousand eight hundred and four dollars and zero cents U.S. DOLLARS) This Letter of Credit is issued on February 24, 2009 by Issuer in favor of the Beneficiary for the account of Applicant. The parties' names and their addresses are as follows: O O 4 o O, 0O APPLICANT: ��W��k`z• 1I BARTEZ LLC P ,0 -• WC PO Box 888 p W,j`.L ca, Longmont, Colorado 80502 a' ' W d,I P S ot, 1P `, AU(r C).4.d S°' BENEFICIARY: .L 0t, �SO'Np 0 COUNTY OF WELD O ie d �P Board of County Commissioners Pl, SO .L alp 1` 915 Tenth Streeto 'h PO Box 758 �o oI�W,l, A,1 9p Greeley, Colorado 80632 (r�} o n 0' W 't P o ISSUER: Wr .ra k` FIRSTBANK OF LONGMONT P' 1707 North Main Street Longmont, Colorado 80501 1. LETTER OF CREDIT. Issuer establishes this Irrevocable Standby Letter of Credit (Letter of Credit) in favor of Beneficiary in the amount indicated above. Beneficiary may draw on this Letter of Credit with a Draft (or Drafts, if the maximum number of drawings is greater than one). Each Draft shall be signed on behalf of Beneficiary and be marked "Drawn under FirstBank of Longmont Letter of Credit No. 794-4858 dated February 24, 2009." Drafts must be presented at Issuer's address shown above on or before the Expiration Date. The presentation of any Draft shall reduce the Amount available under this Letter of Credit by the amount of the draft. This Letter of Credit sets forth in full the terms of Issuer's obligation to Beneficiary. This obligation cannot be modified by any reference in this Letter of Credit, or any document to which this Letter of Credit may be related. This Letter of Credit expires on the Expiration Date. 2. DRAWINGS. Beneficiary shall be permitted to make multiple drawings on this Letter of Credit. The maximum number of drawings that may be made on this Letter of Credit is 2. "Draft" means a draft drawn at sight. 3. DOCUMENTS. Each Draft must be accompanied by the following, in original and two copies except as stated: A. The original Letter of Credit, together with any amendments, B. The following other documents: A signed statement that the above is drawn for payment of public road maintenance pursuant to: Improvements Agreement According to Policy Regarding Collateral for Improvements, entered into between the County of Weld, Colorado and Bartez, LLC. Issuer shall be entitled to accept a draft and the documentation described above, as required by the terms of this Letter of Credit, from any person purporting to be an authorized officer or representative of Beneficiary without any obligation or duty on the part of Issuer to verify the identity or authority of the person presenting the draft and such documentation, 4. EXPIRATION DATE. This Letter of Credit expires at the close of business at Issuer's address at 6:00 PM Mountain Time (Time) on February 24, 2010 (Date). Issuer agrees to honor all Drafts presented in strict compliance with the provisions of this Letter of Credit on or before the Expiration Date. 5. NON-TRANSFERABLE. This Letter of Credit is not transferable. 6. APPLICABLE LAW. This Letter of Credit is governed by the Uniform Customs and Practice for Documentary Credits, 2006 Revision, International Chamber of Commerce Publication No. 600 (UCP), or any later version or amendment, This Letter of Credit is also governed by the laws of Colorado, except as those laws conflict with the UCP. ISSUER: FirstBank of Longmont By Iu �✓�( 4O` 1 Maggie Banking Officer Date 2/ZLI O1 Bartez LLC Standby Letter Of Credit CO/4LMTowell00063000005994025022409Y ©1996 Bankers Systems, Inc., Sr. Cloud, MN Page 1 rliti;- ::, CLERK TO THE BOARD PHONE (970) 336-7215, Ext. 4227 ' FAX: (970) 352-0242 P. O. BOX 758 C. GREELEY, COLORADO 80632 COLORADO October 7, 2010 Attn: Ryan J. Cassidy Firstbank of Longmont 1707 North Main Street Longmont, Colorado 80501 RE: Letters of Credit#794-4858 and 794-4831 — Bartez, LLC Mr. Cassidy: This letter shall act as a confirmation of your obligations to the Board of County Commissioners of Weld County under the above-referenced Letters of Credit. As you are aware, on the 15th day of January, 2010, Firstbank of Longmont, issued 2 Letters of Credit on behalf of Bartez, LLC, naming the Board of County Commissioners of Weld County, Colorado as beneficiary. The dollar amounts of the Letters of Credit were established at One Thousand Three Hundred Four dollars and no cents ($1,304.00), and Fourteen Thousand Thirty-Seven dollars and no cents ($14,037.00). The terms of the Letters of Credit require that it be maintained by your institution until the 15th day of January, 2011. If your institution intends to terminate its obligations under the Letters of Credit, you are required to provide notice to Weld County sixty (60) days prior to the anniversary date. I have been informed that Bartez still has issues with the entrance culvert, and completion may not take place before the termination date. In that case, we will need a letter from you extending the termination dates, or new Letters of Credit with the new term dates. If you have any questions regarding this letter or your obligations under the Letters of Credit, or if you disagree with any of the statements contained herein, please call Donna Bechler, at 970-336-7215, ext. 4227, or e-mail me at dbechler@co.weld.co.us. Very tru yours, Bruce T. Barker Clerk t the Board Deputy Cler o the Board pc Bartez, LLC IRREVOCABLE STANDBY LETTER OF CREDIT c2 " Letter of Credit Number: 794-4858 Amount: U.S. 5 1,304.00 lone thousand three hundred and four dollars and zero cents U.S. DOLLARS) This Letter of Credit is issued on January 15, 2011 by Issuer in favor of the Beneficiary for the account of Applicant. The pa names and their addresses are as follows: APPLICANT: BARTEZ LLC 204 South Bowen Street Longmont, CO 80501 BENEFICIARY: COUNTY OF WELD Board of County Commissioners 915 Tenth Street PO Box 758 Greeley, CO 80632 ISSUER: FIRSTBANK 10403 W Colfax Ave Lakewood, CO 80215 1. LETTER OF CREDIT. Issuer establishes this Irrevocable Standby Letter of Credit (Letter of Credit) in favor of Beneficiary in the amount indicated above. Beneficiary may draw on this Letter of Credit with a Draft (or Drafts, if the maximum number of drawings is greater than one). Each Draft shall be signed on behalf of Beneficiary and be marked "Drawn under FirstBank Letter of Credit No. 794-4858 dated January 15, 2011." Drafts must be presented at Issuer's address shown above on or before the Expiration Date. The presentation of any Draft shall reduce the Amount available under this Letter of Credit by the amount of the draft. This Letter of Credit sets forth in full the terms of Issuer's obligation to Beneficiary. This obligation cannot be modified by any reference in this Letter of Credit, or any document to which this Letter of Credit may be related. This Letter of Credit expires on the Expiration Date. 2. DRAWINGS. Partial drawings shall not be permitted under this Letter of Credit. "Draft" means a draft drawn at sight. 3. DOCUMENTS. Each Draft must be accompanied by the following, in original and two copies except as stated: A. The original Letter of Credit, together with any amendments. Issuer shall be entitled to accept a draft and the documentation described above, as required by the terms of this Letter of Credit, from any person purporting to be an authorized officer or representative of Beneficiary without any obligation or duty on the part of Issuer to verify the identity or authority of the person presenting the draft and such documentation. 4. EXPIRATION DATE. This Letter of Credit expires at the close of business at Issuer's address at 6:00 PM Mountain Time (Time) on January 15, 2012 (Date), Issuer agrees to honor all Drafts presented in strict compliance with the provisions of this Letter of Credit on or before the Expiration Date. 5. NON-TRANSFERABLE. This Letter of Credit is not transferable. 6. APPLICABLE LAW. This Letter of Credit is governed by the Uniform Customs and Practice for Documentary Credits, 2006 Revision, International Chamber of Commerce Publication No. 600 (UCP), or any later version or amendment. This Letter of Credit is also governed by the laws of Colorado, except as those laws conflict with the UCP. ISSUER: FirstBank By�j�.. Rya Cassida Cassid , ankingg icer Date /2 —10 Bartez LLC Standby Letter Of Credit CO/4Xckbourn001 5 7 900007 05 80 261 21 01 0Y Wolters Kluwer Financial Services°1996,2010 Bankers Systems'" Page 1 IRREVOCABLE STANDBY LETTER OF CREDIT Letter of Credit Number: 794-4858 Amount: U.S. $ 1,304.00 lone thousand three hundred and four dollars and zero cents U.S. DOLLARS) This Letter of Credit is issued on January 15, 2010 by Issuer in favor of the Beneficiary for the account of Applicant. The parties' names and their addresses are as follows: 1..0 0? .4P APPLICANT: X41' 1 iA1a BARTEZ LLC ?Pry 1:0e PO Box 888 .7? 0? Lc/Prlt Longmont, CO 80502 d 12,O lIP CQ 1�� ???d 2T Ia�� BENEFICIARY: ey J 0 r0s o era COUNTY OF WELD • 0 0A 1 Board of County Commissioners C' e.;e4, d'.z17'Pec 915 Tenth Street -1 d,j P1- PO Box 758 O t ?' f'P� Greeley, CO 80632 1c,t 6 0 0 <Po ISSUER: lry FIRSTBANK OF LONGMONT 1707 North Main Street Longmont, CO 80501 1. LETTER OF CREDIT. Issuer establishes this Irrevocable Standby Letter of Credit (Letter of Credit) in favor of Beneficiary in the amount indicated above. Beneficiary may draw on this Letter of Credit with a Draft (or Drafts, if the maximum number of drawings is greater than one). Each Draft shall be signed on behalf of Beneficiary and be marked "Drawn under FirstBank of Longmont Letter of Credit No. 794-4858 dated January 15, 2010." Drafts must be presented at Issuer's address shown above on or before the Expiration Date. The presentation of any Draft shall reduce the Amount available under this Letter of Credit by the amount of the draft. This Letter of Credit sets forth in full the terms of Issuer's obligation to Beneficiary. This obligation cannot be modified by any reference in this Letter of Credit, or any document to which this Letter of Credit may be related. This Letter of Credit expires on the Expiration Date. 2. DRAWINGS. Partial drawings shall not be permitted under this Letter of Credit. "Draft" means a draft drawn at sight. 3. DOCUMENTS. Each Draft must be accompanied by the following, in original and two copies except as stated: A. The original Letter of Credit, together with any amendments. Issuer shall be entitled to accept a draft and the documentation described above, as required by the terms of this Letter of Credit, from any person purporting to be an authorized officer or representative of Beneficiary without any obligation or duty on the part of Issuer to verify the identity or authority of the person presenting the draft and such documentation. 4. EXPIRATION DATE. This Letter of Credit expires at the close of business at Issuer's address at 6:00 PM Mountain Time (Time) on January 15, 2011 (Date). Issuer agrees to honor all Drafts presented in strict compliance with the provisions of this Letter of Credit on or before the Expiration Date. 5. NON-TRANSFERABLE. This Letter of Credit is not transferable. 6. APPLICABLE LAW. This Letter of Credit is governed by the Uniform Customs and Practice for Documentary Credits, 2006 Revision, International Chamber of Commerce Publication No. 600 (UCP), or any later version or amendment. This Letter of Credit is also governed by the laws of Colorado, except as those laws conflict with the UCP. ISSUER: FirstBank of L ngmont By Ryan J. Cas • y, Banking Offi Date 1-144 — 2O/Q /D - d 9 Bartez LLC Standby Letter Ot Credit CO 4KDLacert00118800006522026011410Y Wolters Kluwer Financial Services©1996,2010 Bankers Systemsi° Page 1 U.S. Postal ServiceTM CERTIFIED MAIL., RECEIPT rn (Domestic Mail Only;No Insurance Coverage Provided) c0 F,r:elivery inf•rmati,n visit,ur we•site at www.us•5-.c,ru ru T , Postage $ m I�p Certified Fee ,^l p p Return Receipt Fee — o er e) p (Endorsement equlretl) ,/—�HHe e� IL' rcted Delivery Fee a (Endorsement Required) cO Total Postage&Fees u"I /1" NVVVVVV /1 .,L or PO Box No. /7 7 / t IJ S/ City,Sate,ZIP+4 !L '! Zeds SO/ PS Form 320n.June 2002 See Reverse for instructions SEN 9E': COMPLETE 7/i1S SECTION COn1PIFTi THIS ticcnorl oN DELNERv • Complete items 1,2,and 3.Also complete A Sign: re �A9ent Item 4 if Restricted Delivery Is desired. 7 • Print your name and address on the reverse X "V ' � ❑Addressee so that we can return the card to you. B. Received by(Punted Name) C. Date of Delivery • Attach this card to the back of the maiipiece, or on the front If space permits. !.._ 6 r/ D. Is delivery address different from item 1? O Yes 1. Article Addressed to: If YES,enter delivery address below: 9;I40 l7TT/7,,4a7) (i.SS,dr ./id/7) Jrt 3. Servige Type CertXled Mall ❑ Mall /D�ILj oil 6-O cfGSD/ ID Registered etum Receipt for Merchandise J ❑Insured Mall in C.O.D. 4. Restricted Delivery?(Extra Fee) ❑yes 2' Anse""'bef 7005 1820 0003 5224 8348 (Transfer from service tabeg PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 1 8 6 1 - 2 0 1 1 CLERK TO THE BOARD PHONE (970) 336-7215, Ext. 4227 FAX: (970) 352-0242 i P. O. BOX 758 GREELEY, COLORADO 80632 WELD-COUNTY December 12, 2011 Attn: Ryan Sand FirstBank of Longmont 1707 North Main Street Longmont, Colorado 80501 RE: Letters of Credit#794-4858 and 794-4831 — Bartez, LLC Mr. Sand: This letter shall act as a confirmation of your obligations to the Board of County Commissioners of Weld County under the above-referenced Letters of Credit. As you are aware, on the 13th day of December, 2010, FirstBank of Longmont, issued 2 Letters of Credit on behalf of Bartez, LLC, naming the Board of County Commissioners of Weld County, Colorado as beneficiary. The dollar amounts of the Letters of Credit were established at One Thousand Three Hundred Four dollars and no cents ($1,304.00), and Fourteen Thousand Thirty-Seven dollars and no cents ($14,037.00). The terms of the Letters of Credit require that it be maintained by your institution until the 15th day of January, 2012. If your institution intends to terminate its obligations under the Letters of Credit, you are required to provide notice to Weld County sixty (60) days prior to the anniversary date. I have been informed that Bartez still has several items listed in Exhibit A that have not been addressed, and completion may not take place before the termination date. In that case, we will need a letter from you extending the termination dates, or new Letters of Credit with the new term dates. If you have any questions regarding this letter or your obligations under the Letters of Credit, or if you disagree with any of the statements contained herein, please call Donna Bechler, at 970-336-7215, ext. 4227, or e-mail me at dbechler@co.weld.co.us. Very truly yours, Bruce T. Barker Clerk to the Board , BYllt.//Z 4 / ea/ � Deputy Cle to the Board pc Bartez, LLC U.S. Postal Service.M 6° CERTIFIED MAIL,. RECEIPT ru (Domestic Mail Only;No Insurance Coverage Provided) E•rdelivery inf•rmati nvisit •ur we•site at www.us•s.c• ,> D tri Postage $ isO Certified Fee 011 O Return Receipt Fee re (Endorsement Required) 7' Restricted Delivery Fee (Endorsement live Required) rru ru Total Postage&Fees $ C Spon To ^1'hN ) t/5n,� /• fYIT�APl�y(,sl.!S//n�7 �/ (!><X.�.1�-�---��:!lU!!�._ or PO Box No. /11!/ �Y4 (1 tz21 -71 City,Stat ZIP+4 • yrr�rn' L7J JD / SEN•E•: C•M•LETE THIS SECTI•N C•M•LETE THIS SECTION W •ELIVE•V Complete items 1,2,and 3.Also complete A. SI•nature item 4 if Restricted Delivery is desired. O Agent • Print your name and address on the reverse ❑Addressee so that we can return the card to you. B. •c Ned by(Printed Name) C. Date of Delivery • Attach this card to the back of the mailpiece, or on the front if space permits. D. Is delivery,•dress different from Rem 1? ❑Yes 1. Article Addressed to: If YES,enter delivery address below: O No �.' 49/2 5 Sid F;'/Jr.X��ArPe CF//,/Z zgrne24/ //G' / lir/A / rU/4 6/ 3.rice lype /minim/�1 l , CertKed Mal ❑Express Mall I nim/ (/�/(//) rOJD/ ❑ Registered i ❑C.O.D.Receipt for Merchandise �l 4. Restricted Delivery?(Extra Fee) O Yes 2. Article Number 7004 2890 0003 5709 9256 (Transfer from service label) PS Form 3811,February 2004 Domestic Return Receipt 102595.02-M-1540 t- BAN( 1270 S.HOVER ST. LONGMONT,COLORADO 80501 303-67&7000 January 4, 2012 County of Weld Clerk to the Board PO Box 758 Greeley, CO 80632 RE: Letter of Credit #794-4831 and #794-4858 for the account of Bartez, LLC Dear Ms. Bechler: We have agreed to extend the above mentioned letters of credit for an additional twelve months. The terms of the letters of credit shall remain the same except the expiration date is hereby extended to January 15, 2013 . Enclosed are the new letters of credit. Please return in the enclosed self-addressed envelope the original letters of credit that expire on January 15, 2012. Thank you for your assistance. If you have any questions, please do not hesitate to contact us. Si er ly Ry• Sand Vice President - Longmont NMLS ID #566165 RPS/mw Enclosure /9/D- D� . IRREVOCABLE STANDBY LETTER OF CREDIT GP C e Letter of Credit Number: 794-4858 Amount: U.S. S 1,304.00 (one thousand three hundred and four dollars and zero cents U.S. DOLLARS OZ This Letter of Credit is issued on January 15, 2012 by Issuer in favor of the Beneficiary for the account of Applicant. The parties' names and their addresses are as follows: APPLICANT: BARTEZ LLC 204 South Bowen Street Longmont, CO 80501 BENEFICIARY: COUNTY OF WELD Board of County Commissioners 915 Tenth Street PO Box 758 Greeley, CO 80632 ISSUER: FIRSTBANK 10403 W Colfax Ave Lakewood, CO 80215 1. LETTER OF CREDIT. Issuer establishes this Irrevocable Standby Letter of Credit (Letter of Credit) in favor of Beneficiary in the amount indicated above. Beneficiary may draw on this Letter of Credit with a Draft (or Drafts, if the maximum number of drawings is greater than one). Each Draft shall be signed on behalf of Beneficiary and be marked "Drawn under FirstBank Letter of Credit No. 794-4858 dated January 15, 2012." Drafts must be presented at Issuer's address shown above on or before the Expiration Date. The presentation of any Draft shall reduce the Amount available under this Letter of Credit by the amount of the draft. This Letter of Credit sets forth in full the terms of Issuer's obligation to Beneficiary. This obligation cannot be modified by any reference in this Letter of Credit, or any document to which this Letter of Credit may be related. This Letter of Credit expires on the Expiration Date. 2. DRAWINGS. Partial drawings shall not be permitted under this Letter of Credit. "Draft" means a draft drawn at sight. 3. DOCUMENTS. Each Draft must be accompanied by the following, in original and two copies except as stated: A. The original Letter of Credit, together with any amendments. Issuer shall be entitled to accept a draft and the documentation described above, as required by the terms of this Letter of Credit, from any person purporting to be an authorized officer or representative of Beneficiary without any obligation or duty on the part of Issuer to verify the identity or authority of the person presenting the draft and such documentation. 4. EXPIRATION DATE. This Letter of Credit expires at the close of business at Issuer's address at 6:00 PM Mountain Time (Time) on January 15, 2013 (Date). Issuer agrees to honor all Drafts presented in strict compliance with the provisions of this Letter of Credit on or before the Expiration Date. 5. NON-TRANSFERABLE. This Letter of Credit is not transferable. 6. APPLICABLE LAW. This Letter of Credit is governed by the Uniform Customs and Practice for Documentary Credits, 2007 Revision, International Chamber of Commerce Publication No. 600 (UCP), or any later version or amendment. This Letter of Credit is also governed by the laws of Colorado, except as those laws conflict with the UCP. ISSUER: FirstBank By Rya . Sah arket Vi President Date // it Bartez LLC Standby Letter Of Credit CO/4Xhhmoore001 8440000745402 61 2 2 81 1Y Wolters Kluwer Financial Services•1996,2011 Bankers SystemsTM Page 1 I dpac Pd P IRREVOCABLE STANDBY LETTER OF CREDIT PA°ty ar Letter of Credit Number: 794-4858 C'1 Q, o) Amount: U.S. $ 1,304.00 (one thousand three hundred and four dollars and zero cents U.S. DOL `2F c° rh �o1d1 This Letter of Credit is issued on January 15, 2011 by Issuer in favor of the Beneficiary for the account of Applicant. The names and their addresses are as follows: dr APPLICANT: BARTEZ LLC 204 South Bowen Street Longmont, CO 80501 BENEFICIARY: COUNTY OF WELD Board of County Commissioners 915 Tenth Street PO Box 758 Greeley, CO 80032 ISSUER: FIRSTBANK 10403 W Colfax Ave Lakewood, CO 80215 1. LETTER OF CREDIT. Issuer establishes this Irrevocable Standby Letter of Credit (Letter of Credit) in favor of Beneficiary in the amount indicated above. Beneficiary may draw on this Letter of Credit with a Draft (or Drafts, if the maximum number of drawings is greater than one). Each Draft shall be signed on behalf of Beneficiary and be marked "Drawn under FirstBank Letter of Credit No. 794-4858 dated January 15, 2011." Drafts must be presented at Issuer's address shown above on or before the Expiration Date. The presentation of any Draft shall reduce the Amount available under this Letter of Credit by the amount of the draft, This Letter of Credit sets forth in full the terms of Issuer's obligation to Beneficiary. This obligation cannot be modified by any reference in this Letter of Credit, or any document to which this Letter of Credit may be related. This Letter of Credit expires on the Expiration Date. 2. DRAWINGS. Partial drawings shall not be permitted under this Letter of Credit. "Draft" means a draft drawn at sight. 3. DOCUMENTS. Each Draft must be accompanied by the following, in original and two copies except as stated: A.The original Letter of Credit, together with any amendments. Issuer shall be entitled to accept a draft and the documentation described above, as required by the terms of this Letter of Credit, from any person purporting to be an authorized officer or representative of Beneficiary without any obligation or duty on the part of Issuer to verify the identity or authority of the person presenting the draft and such documentation. 4. EXPIRATION DATE. This Letter of Credit expires at the close of business at Issuer's address at 6:00 PM Mountain Time (Time) on January 15, 2012 (Date). Issuer agrees to honor all Drafts presented in strict compliance with the provisions of this Letter of Credit on or before the Expiration Date. 5. NON-TRANSFERABLE. This Letter of Credit is not transferable. 6. APPLICABLE LAW. This Letter of Credit is governed by the Uniform Customs and Practice for Documentary Credits, 2006 Revision, International Chamber of Commerce Publication No. 600 (UCP), or any later version or amendment. This Letter of Credit is also governed by the laws of Colorado, except as those laws conflict with the UCP. ISSUER: FirstBank r J,. Y Rya . Cassid , anking facer Date /2 —1O —( `) 1270 S. HOVER ST. LONGMONT, COLORADO 80501 303-678-7000 November 15, 2012 County of Weld Clerk to the Board PO Box 758 Greeley, CO 80632 RE: Letter of Credit #794-4831 and #794-4858 for the account of Bartez, LLC Dear Ms. Bechler: We have agreed to extend the above mentioned letters of credit for an additional twelve months. The terms of the letters of credit shall remain the same except the expiration date is hereby extended to January 15, 2014 . Enclosed are the new letters of credit. Please return in the enclosed self-addressed envelope the original letters of credit that expire on January 15, 2013 . Thank you for your assistance. If you have any questions, please do not hesitate to contact us. Sincerely, Adam Ingersoll Banking Officer - Longmont NMLS ID #850291 ACI/mw Enclosure IRREVOCABLE STANDBY LETTER OF CREDIT Letter of Credit Number: 794-4858 Amount: U.S. $ 1,304.00 (one thousand three hundred and four dollars and zero cents U.S. DOLLARS) This Letter of Credit is issued on January 15, 2013 by Issuer in favor of the Beneficiary for the account of Applicant. The parties' names and their addresses are as follows: APPLICANT: BARTEZ LLC Entity Type: Limited Liability Company 204 South Bowen Street Longmont, CO 80501 BENEFICIARY: COUNTY OF WELD Entity Type: Corporation Board of County Commissioners 915 Tenth Street PO Box 758 Greeley, CO 80632 ISSUER: FIRSTBANK 10403 W Colfax Ave Lakewood, CO 80215 1. LETTER OF CREDIT. Issuer establishes this Irrevocable Standby Letter of Credit (Letter of Credit) in favor of Beneficiary in the amount indicated above. Beneficiary may draw on this Letter of Credit with a Draft (or Drafts, if the maximum number of drawings is greater than one). Each Draft shall be signed on behalf of Beneficiary and be marked "Drawn under FirstBank Letter of Credit No. 794-4858 dated January 15, 2013." Drafts must be presented at Issuer's address shown above on or before the Expiration Date. The presentation of any Draft shall reduce the Amount available under this Letter of Credit by the amount of the draft. This Letter of Credit sets forth in full the terms of Issuer's obligation to Beneficiary. This obligation cannot be modified by any reference in this Letter of Credit, or any document to which this Letter of Credit may be related. This Letter of Credit expires on the Expiration Date. 2. DRAWINGS. Partial drawings shall not be permitted under this Letter of Credit. "Draft" means a draft drawn at sight. 3. DOCUMENTS. Each Draft must be accompanied by the following, in original and two copies except as stated: A. The original Letter of Credit, together with any amendments. Issuer shall be entitled to accept a draft and the documentation described above, as required by the terms of this Letter of Credit, from any person purporting to be an authorized officer or representative of Beneficiary without any obligation or duty on the part of Issuer to verify the identity or authority of the person presenting the draft and such documentation. 4. EXPIRATION DATE. This Letter of Credit expires at the close of business at Issuer's address at 6:00 PM Mountain Time (Time) on January 15, 2014 (Date). Issuer agrees to honor all Drafts presented in strict compliance with the provisions of this Letter of Credit on or before the Expiration Date. 5. NON-TRANSFERABLE. This Letter of Credit is not transferable. 6. APPLICABLE LAW. This Letter of Credit is governed by the Uniform Customs and Practice for Documentary Credits, 2007 Revision, International Chamber of Commerce Publication No. 600 (UCP), or any later version or amendment. This Letter of Credit is also governed by the laws of Colorado, except as those laws conflict with the UCP. ISSUER: FirstBank Adam C Ingersoll, Banking Officer Date j 7 7/ 'a, 2- Bartez LLC Standby Letter Of Credit CO/4Xckbourn002 2 540000 7 6 540 26 1 1 09 1 2Y Wolters Kluwer Financial Services©1996, 2012 Bankers Systems-1m Page 1 IRREVOCABLE STANDBY LETTER OF CREDIT Letter of Credit Number: 794-4858 Amount: U.S. $ 1,304.00 (one thousand three hundred and four dollars and zero cents U.S. DOLLARS) This Letter of Credit is issued on January 15, 2012 by Issuer in favor of the Beneficiary for the account of Applicant. The parties' names and their addresses are as follows: ee APPLICANT: ve,l e1v aoe BARTEZ LLC �a1 e e 204 South Bowen Street y; • 11 Longmont, CO 80501 -60 l�-60 ae1•16) 0,11 eA �d �g X12 a es BENEFICIARY: c?,/ COUNTY OF WELD lerkc� _ h1s Board of County Commissioners 915 Tenth Street o PO Box 758 the -> Greeley, CO 80632 go - ar ISSUER: FIRSTBANK 10403 W Colfax Ave Lakewood, CO 80215 1. LETTER OF CREDIT. Issuer establishes this Irrevocable Standby Letter of Credit (Letter of Credit) in favor of Beneficiary in the amount indicated above. Beneficiary may draw on this Letter of Credit with a Draft (or Drafts, if the maximum number of drawings is greater than one). Each Draft shall be signed on behalf of Beneficiary and be marked "Drawn under FirstBank Letter of Credit No. 794-4858 dated January 15, 2012." Drafts must be presented at Issuer's address shown above on or before the Expiration Date. The presentation of any Draft shall reduce the Amount available under this Letter of Credit by the amount of the draft. This Letter of Credit sets forth in full the terms of Issuer's obligation to Beneficiary. This obligation cannot be modified by any reference in this Letter of Credit, or any document to which this Letter of Credit may be related. This Letter of Credit expires on the Expiration Date. 2. DRAWINGS. Partial drawings shall not be permitted under this Letter of Credit. "Draft" means a draft drawn at sight. 3. DOCUMENTS. Each Draft must be accompanied by the following, in original and two copies except as stated: A.The original Letter of Credit, together with any amendments. Issuer shall be entitled to accept a draft and the documentation described above, as required by the terms of this Letter of Credit, from any person purporting to be an authorized officer or representative of Beneficiary without any obligation or duty on the part of Issuer to verify the identity or authority of the person presenting the draft and such documentation. 4. EXPIRATION DATE. This Letter of Credit expires at the close of business at Issuer's address at 6:00 PM Mountain Time (Time) on January 15, 2013 (Date). Issuer agrees to honor all Drafts presented in strict compliance with the provisions of this Letter of Credit on or before the Expiration Date. 5. NON-TRANSFERABLE. This Letter of Credit is not transferable. 6. APPLICABLE LAW. This Letter of Credit is governed by the Uniform Customs and Practice for Documentary Credits, 2007 Revision, International Chamber of Commerce Publication No. 600 (UCP), or any later version or amendment. This Letter of Credit is also governed by the laws of Colorado, except as those laws conflict with the UCP. ISSUER: FirstBank By Rya . Sah arket Vi President Date //0Z— Bartez LLC Standby Letter Of Credit CO/4Xhhmoore00184400007454026122811Y Wolters Kluwer Financial Services©1996,2011 Bankers SystemsTM Page 1 iee!arned le/der dreadf /d / -i„eank S-//-a©if � J - V t Lr _ �;�Jvl LOAN CENTER P.O. BOX 151515 LAKEWOOD, COLORADO 80215 PHONE 303-274-5000 ECE1V D January 30, 2014 JAN 3 1 2014 WELD COUNTY COMMISSIONERS County Of Weld Board of County Commissioners 915 Tenth Street PO Box 758 Greeley, CO 80632 RE: 794-4858 Bartez LLC To Whom It May Concern: Our records indicate the above referenced letter of credit has expired. In order to process this file properly, please return the original copy of the letter of credit in the enclosed postage paid envelope. If you have any questions regarding this matter, please contact the Loan Department at (303) 235-4500 or (800)964-3444 outside the Denver Metropolitan area. Sincerely, _2\nn Melissa Nolan Loan Assistant /man Enclosure(s) Expired /-/5—achy IRREVOCABLE STANDBY LETTER OF CREDIT Letter of Credit Number: 794-4858 Amount: U.S. $ 1,304.00 (one thousand three hundred and four dollars and zero cents U.S. DOLLARS) This Letter of Credit is issued on January 15, 2013 by Issuer in favor of the Beneficiary for the account of Applicant. The parties' names and their addresses are as follows: APPLICANT: BARTEZ LLC Entity Type: Limited Liability Company 204 South-Bowen Street Longmont, CO 80501 BENEFICIARY: COUNTY OF WELD Entity Type: Corporation Board of County Commissioners. 915 Tenth Street PO Box 758 Greeley, CO 80632 ISSUER: FI RSTBANK 10403 W Colfax Ave Lakewood, CO 80215 1. LETTER OF CREDIT. Issuer establishes this Irrevocable Standby Letter of Credit (Letter of Credit) in favor of Beneficiary in the amount indicated above. Beneficiary may draw on this Letter of Credit with a Draft (or Drafts, if the maximum number of drawings is greater than one). Each Draft shall be signed on behalf of Beneficiary and be marked "Drawn under FirstBank Letter of Credit No. 794-4858 dated January 15, 2013." Drafts must be presented at Issuer's address shown above on or before the Expiration Date. The presentation of any Draft shall reduce the Amount available under this Letter of Credit by the amount of the draft. This Letter of Credit sets forth in full the terms of Issuer's obligation to Beneficiary. This obligation cannot be modified by any reference in this Letter of Credit, or any document to which this Letter of Credit may be related. This Letter of Credit expires on the Expiration Date. 2. DRAWINGS. Partial drawings shall not be permitted under this Letter of Credit. "Draft" means a draft drawn at sight. 3. DOCUMENTS. Each Draft must be accompanied by the following, in original and two copies except as stated: A. The original Letter of Credit, together with any amendments. Issuer shall be entitled to accept a draft and the documentation described above, as required by the terms of this Letter of Credit, from any person purporting to be an authorized officer or representative.of Beneficiary without any obligation or duty on the part of Issuer to verify the identity or authority of the person presenting the draft and such documentation. 4. EXPIRATION DATE. This Letter of Credit expires at the close of business at Issuer's address at 6:00 PM Mountain Time (Time) on January 15, 2014 (Date). Issuer agrees to honor all Drafts presented in strict compliance with the provisions of this Letter of Credit on or before the Expiration Date. 5. NON-TRANSFERABLE. This Letter of Credit is not transferable. 6. APPLICABLE LAW. This Letter of Credit is governed by the Uniform Customs and Practice for Documentary Credits, 2007 Revision, International Chamber of Commerce Publication No. 600 (UCP), or any later version or amendment. This Letter of Credit is also governed by the laws of Colorado, except as those laws conflict with the UCP. ISSUER: FirstBank BY Adam C Ingers6tLBanling Officer Date bcr/j 72.O r 2.- Barth??LLC Standby Letter Of Credit CO/4Xckbourn00225400007 8 540261 1 091 2Y Wolters Kluwer Financial Services©1996,2012 Bankers Systems"' Page 1 Hello