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Home My WebLink About20100230.tiff 956 RESOLUTION RE: APPROVE PARTIAL CANCELLATION AND RELEASE OF COLLATERAL (PRIVATE 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 (Private 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 794-4831,dated February 24,2009,from FirstBank of Longmont, 1707 North Main Street, Longmont, Colorado 80501, in the amount of$39,708.00, and WHEREAS,staff from the Weld County Departments of Planning Services and Public Works has conducted a visual inspection and recommends release of a portion of said collateral, in the amount of$25,671.00, and WHEREAS,the Board has been presented with replacement Irrevocable Standby Letter of Credit #794-4831, dated January 15, 2010, in the amount of$14,037.00, 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 794-4831, dated February 24, 2009, from FirstBank of Longmont, 1707 North Main Street, Longmont, Colorado 80501, in the amount of $39,708.00, be, and hereby is, canceled and released. BE IT FURTHER RESOLVED by the Board that replacement Irrevocable Standby Letter of Credit#794-4831, dated January 15, 2010, in the amount of $14,037.00, drawn on FirstBank of Longmont, 1707 North Main Street, Longmont, Colorado 80501, be and hereby is, accepted. I 11111111111 111111 1111 1111111 1111 11111 III II I I 111111111 3678956 03/03/2010 02:30P Weld County, CO 1 of 2 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 2010-0230 PL1952 PARTIAL CANCELLATION AND RELEASE OF COLLATERAL(PRIVATE 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, CO ATTEST: y ae4.9 /c� ,r� Douglas Racmacher, hair Weld County Clerk to the pp c �; rba Kirkmeyer, ro-Tem / BY: ly ', v,. , ,.,a .. /� Deputy Clerk to the Board �.(--..— Sean P. ay CY APP AST 4�II ) — William E Garcia ounty Attorney � �X EXCUSED - David E. Long Date of signature:o2 O I 11111111111111111IIII1111111 III 111111III111111111IIII 3678956 03/03/2010 02:30P Weld County, CO 2 of 2 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 2010-0230 PL1952 Memorandum TO: Clerk to the Board Office ' Board of County Commissioners CDATE: 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 2010-0230 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 • Lim u� IRREVOCABLE STANDBY LETTER OF CREDIT Letter of Credit Number: 794-4831 Amount: U.S. $ 14,037.00 (fourteen thousand and thirty seven 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. 794-4831 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 Lo gmont • By Rya . Casa + , Banking 0 fiver " • • Date )---15 --Z—C)/C) Bartez LLC Standby Letter Of Credit C0/4KDLacert00118800006522026011410y Wolters Kluwer Financial Services©1996,2010 Bankers Systems'" Page 1 PUBLIC WORKS DEPARTMENT 1111 H STREET, P.O. BOX 758 ��„ � ' GREELEY, COLORADO 80632 III it WEBSITE: WWW.CO.WELD.CO.US � ` PHONE: (970) 356-4000, EXT. 3750 �� 34 Iir NIC. 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 rhastinqs(&.co.weld.co.us C:\Documents and Settings\kogle\Local Settings\Temporary Internet Files\Content.Outlook\NUIE6KGO\Bartez(USR-1638)Punch List(12-21-09)(2).dOCX EXHIBIT"A" Narrrc of Subdivision or Planned Unit Development Bartez USR-1638 Location. Lot B of RE-3975:PT of the NEI/4 of Section 17.T2N,R66W of the 6th P.M.,Wcld County,CO Intending to be legally bound.the undei igncd Applicant hereby agrees to provide throughout this Subdivision or Planned Unit Development the Wowing uuprosemcnts. (_cave space+blank where.hey do not apply.) improvements Quantity Units Unit Estimated Construction eons Cost Site grading Street grading S2.2S SY $190.00 Street base 43.60 SY S304.00 Street paving Curbs.goiters.and culverts Sidewalk Storm sewer faciluies Retention ponds Ditch Improvements Subsurface drainage Sanitary sewers 'trunk and forced lanes Mains Laterals(house connected) On-site sewage facilities On-si:e water supply and storage Water Mains(includes bore) Fire hydrants Survey and strxl monuments and boxes Street lighting Street Names Fencing requirements Landscaping Park improvements Road culvert 5405.00 EA SR 10.00 Grass lined Swale Telephone Gas Llcetne Water transfer SUB-TOTAL: S I.3114.00 Engircering and Supervision Costs S S2,500.00 (Testing.inspection,as-built plans and work in addition In preliminary and final plat:aspen nano of actual construction by cintractors) TOTAL ESTIMATED COSI OF!MPROVFMENTS AND SUPERVISION 3 3,804.00 ii1111ti11ti11ti��laI��tirillllt�lli11111tt4 9614120 04101/2009 09:31P Weld County, 9 of 12 a 0.00 b 0.00 Steve Moreno Clerk 3 Recorder EXHIBIT A (PUBLIC WORKS) Nance of USR or SPIN 13arlcz USR-1638 - Filing: Location: Lot B of RE-3975: PT NEI14 of Section 17.T2N.R66W of 6th P.M..Weld County.CO Intending to be legally hound,the undersigned Applicant hereby agrees to provide thmughout this CSR or SPR the inllowing improvements. (I rave spaces blank where they do not apply) (I race cparc. theY do'IN apply) Improvements Quantity lint) 1:nit Estimated Costs C orslruction Curt 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,goiters,and culverts •Sidewalk _Swain sewer facilities Deicui on pond. (Water Quality) 143 CY 2.17 $310 rho Improvcnk•ni. Subsurtace drainage Sulvey and street monuments and boxes Street Name.:Stop Stn ) EA 350 $350 Road eul>ert {12" w/FCS} EA 350 $1,050 Grass lined sw•ale (Grading) 1380 LP 2.25 $3.105 Other(phase e'Plai1N (Outlet Structure) 1 EA 1500 S 1.500 SUB-TOTAL: .. - S 31,986 Iinilltlllllllllllllllllllllllll NOM 11111 ! 7 of 10 R 0 0 D90.4:3e Weld County, CO Cal fill Iiii ve Moreno Clerk& Recorder 7 kv.ied 1 .'la_;,o1 b1 AGRE@'1rNTS.PRIVA Tr MAINTENANCE'1hR OR'4'R-1111111.6W EXHIBIT A(PLANNING SERVICES) Nance USE or SPR: Bartez USE-1638 Filing: Location: Lot B of RE-3975;PT NE I!4 of Section 17,T2N,R66W ol'6th P.M.,Weld County,CO Intending to he legally bound,the undersigned Applicant hereby ogres to provide throughout this"ISR or SPE the following improvements. ILea.c mme.hunk whcnn'thc.du new Jppte) Ij-rprovernent,t Qgontitv {hits Ilnrl Ia.tmalcil Costs ('nnstructum Cost Sam tary.sewers Trunk and forced lines .� Laterals(house connected) On-site sewage facilities On-site water supply and storage Water Mains(includes bore) Fire hydrant. Street lighting Fencing requirements j 165 Li: S4.00 5672 Laatlscaptng (Trees) 6 EA 250 51,500 lark improvements Ielcphnne Gas ElLcuic Water transfer Non-irrigated Seed Mix w!Soil Pre! 18,500 SF 0.30 $5,550 + SI4I-TOTAL: S 7,722 Engineering and Supervision Costs S 0 (Test erg. mNpuLliI'I. &--bu,h plain and work In adddiun to preliminary•end final plat;supervision of squat construction by CW0.r Adur i) TOTAL ESTIMATED COST OF IMPRC:)VEMEN l'S ANI)SUPERVISIONS 39.708.00 . _..... _ -the above improvements shall be constructed in accordance with all County requirements and spec t lit ail +ns, and conformance with this provision shall be determined solely by Weld County,or its duly authorized agent. Said tntpr tents shall -completed according to the construction schedule set out in Exhibit W fly:.... . l., _ /44 _ �- 2 • 0 7 Applic t • Title Date. Applicant Title Date (If corporation,to he sired by President and attested to by Secretary,together with corporate seal.) I lII liIII 1111111111 {111111111 II1111 III Ilill llil 111 8 K-o tJ M'1(RLLMP.IS•N}UV STt MAINTGNAI{t'L-.USR OR%Pk--Ivrnr.d.w 3612780 03/25/2009 03:35P Weld County, CO 8 of 10 R 0.00 D 0.00 Steve Moreno Clerk& Recorder CLERK TO THE BOARD PHONE (970) 336-7215, Ext. 4225 FAX: (970) 352-0242 P. 0. 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 (Private 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 $25,671.00, as referenced above, and accepted replacement collateral from FirstBank of Longmont, in the amount of $14,037.00. 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. 794-4831 for $39,708.00, 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. B ler Deputy Clerk to the Board (it CLERK TO THE BOARD PHONE (970) 336-7215, Ext. 4225 WIlD . FAX: (970) 352-0242 P. O. BOX 758 C. 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 (Private 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 $25,671.00, and the original Irrevocable Letter of Credit No. 794-4831, issued by FirstBank of Longmont, in the amount of $39,708.00. 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: onna J. Be ler, Deputy Clerk to the Board IRREVOCABLE STANDBY LETTER OF CREDIT Letter of Credit Number: 794-4831 Amount: U.S. S 39,708.00 (thirty nine thousand seven hundred and eight 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: 6' `I'll ,� C 0 d P O1 dr � APPLICANT: a e4) 'ex dr BARTEZ LLC r°dQ; drd PO Box 888 � 'j1 Z Longmont, Colorado 80502 P d O 01d de AG �° Art p 0 rd,/�'td BENEFICIARY: C1 2'l��`-L `�° '?1. ' C COUNTY OF WELD 7',� ob.�'Ae e�P Board of County Commissioners xe0.z' d d 915 Tenth Street eA Ss, 6y`s PO Box 758 N Ij Greeley, Colorado 80632 '8o Prs dh Q. ISSUER: FIRSTBANK OF LONGMONT 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. 794-4831 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 private 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 . 124A/14 24 ,_4 Maggie L. Ru n, Banking Officer Date 2 / 14 1O1 r ,i,„„, ,,,, , CLERK TO THE BOARD PHONE (970) 336-7215, Ext. 4227 Willie FAX: (970) 352-0242 P. O. BOX 758 GREELEY, COLORADO80632 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 ere 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 tt the Board // By* MI 7f ) '% I4 Deputy Cler ' o the Board pc Bartez, LLC IRREVOCABLE STANDBY LETTER OF CREDITi Letter of Credit Number: 794-4831 Amount: U.S. S 14,037.00 (fourteen thousand and thirty seven 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 par s' 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. 794-4831 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 / Ry . Cassid Tking Offic. Date 12 ---1Q - L, Bartez LLC Standby Letter Of Credit C0/4Xckbourn001 5 7 9 00007 05 00 2 61 20 91 0V Walters Kluwer Financial Services©1996, 2010 Bankers Systems'" Page 1 IRREVOCABLE STANDBY LETTER OF CREDIT Letter of Credit Number: 794-4831 Amount: U.S. $ 14,037.00 (fourteen thousand and thirty seven 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: rPf t 1 /a4'ly BARTEZ LLC t) `DO 0 PO Box 888 a 7o IOrte Longmont, CO 80502 t` d a0j� 1c% rf3Zc' A 4— s d� BENEFICIARY: Lty `l 2O Ol`.PI` COUNTY OF WELD C,' I Zd, � Board of County Commissioners '7P Ylj 15 915 Tenth Street r¢ 4d °'1 Pc PO Box 758 Fa r rS P'tL Greeley, CO 80632 CA d PG e�0 1�d 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. 794-4831 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 he 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. S. 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 Lo gmont _ By Rya . Cas , Banking 0 ficer Date )--1s —Zp1Q e o0730 Bartez LLC Standby Letter Of Credit CO/4KDLacert00118800006522026011410y Wolters Kluwer Financial Services©1996, 2010 Bankers Systems" Page 1 U.S. Postal ServiceTM CERTIFIED MAIL,;, RECEIPT m (Domestic Mail Only;No Insurance Coverage Provided) m F•r •elivery inf• • • • • ru OFFICIAL rmati•n visit our we•site at www.us•s.c•nw r USE Ul u Postage $ m � '� o Certified Fee I 1 0 osM I a k p Retum Receipt Fee (Endorsement Here)t i ru Restricted Delivery Fee u (Endorsement Required)oD ' V rR Total Postage&Fees Ur) APT. /7e2 �4 C -k,'4 or PO box No. City, ZIP+4 hRiho� £S PoSo/ SEN IE': COMPLETE THIS SECTION COMPLETE THIS SI CTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. Sign re Item 4 if Restricted Delivery Is desired. 7 J�Agent ■ Print your name and address on the reverse X '�� ❑Addressee so that we can return the card to you. B. Received by(Printed Name) C. Date of Delivery • Attach this card to the back of the maliplece, or on the front if space permits. ` , • it r /2-/S—IC D. Is delivery address different from item 17 ❑Yes 1. Article Addressed to: If YES,enter delivery address below: t9{Ro ,%i,,' jw atCS et As/home orkt-no/2 7 dU / iQ'4 S/ 3. Syntop Type bri—Certified Mail !Peeress Mall Go/IC(inew f 4iD c1c5 2/ 0 Registered pi'Ftatum Receipt for Merchandise `�J ❑Insured Mall l7 C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Adds"" bar 7005 1820 0003 5224 8348 (Dangler from service lebeo PS Form 3811,February 2004 Domestic Return Receipt 102596o2M.1540 1 8 6 1 - 2 0 1 1 CLERK TO THE BOARD PHONE (970) 336-7215, Ext. 4227 FAX: (970) 352-0242 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 tothe Board BY://_//7/it r 41 Deputy Cle to the Board pc Bartez, LLC U.S. Postal Servicem, CERTIFIED MAIL RECEIPT ti (Domestic Mall Only;No Insurance Coverage Provided) D-' F reelivery ini•rmati nvisit•ur we•site at www.us•s.c•rrrs D' O 1` U, Postage $ I CplO Certified Fee O Return Receipt Fee(Endorsement Required) re 7 ar r Delivery Required) rFee ) �• (Endorsement tictedDRequiretl) co fL Total Postage&Fees Sot To • or PO Box No. /707.4>c /:llfirll-S Ci',,Starr ZIP+4 it/. PS Form 3800.June 2002 See Reverse for Instructions SEN•E•: CSM•LETS THIS SECTI•N C•M'LETF THIS SECTION IN •ELIVE•Y • Complete items 1,2,and 3.Also complete A. Si nature item 4 if Restricted Delivery is desired. r O Agent • Print your name and address on the reverse O Addressee so that we can return the card to you. B. Lived by(Printed Name) C. Date of Delivery • Attach this card to the back of the mailpiece, or on the front if space permits. alt D. Is delivery a''less different from item 1? O Yes 1. Article Addressed to: If YES,enter delivery address below: O No elk ' 4a/2 Sig4d r'rsr>&rl/e p-1Ziti y/D/l /7277 4/A Ai) Sf a C4100 lype ertified Mail ❑Express Ma ll !_avne/y/_J //Jl r. J/0/ !!!!❑ Registered O Return Receipt for Merchandise �(/ 0 ❑Insured Mall ❑C.O.D. 4. Restricted Deliv ery?(Extra Fee) O Yes 2. Article Number 7004 2890 0003 5709 9256 (Transfer from service rebel) PS Form 3811,February 2004 Domestic Retum Receipt 102595-02-M-1540 `E-IBANC 1270 S.HOVER ST. LONGMONT,COLORADO 80501 303-678-7000 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 e ly Ry. Sand Vice President - Longmont NMLS ID #566165 RPS/mw Enclosure /CZ /9;50? oe - da.9e IRREVOCABLE STANDBY LETTER OF CREDIT • Letter of Credit Number: 794-4831 Amount: U.S. S 14,037.00 (fourteen thousand and thirty seven dollars and zero cents U.S. LLAR ;, This Letter of Credit is issued on January 15, 2012 by Issuer in favor of the Beneficiary for the account of Applicant. The p ies 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. 794-4831 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 IUCP), 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 Ry . Sa , Market Vi President Date //`f4z Bartez LLC Standby Letter Of Credit CO/4Xhhmoore00216900007756047122911 V Wolters Kluwer Financial Services 01996,2011 Bankers Systemse', Page 1 C01 �P 1 A IRREVOCABLE STANDBY LETTER OF CREDIT SP c1 / �121�P4t Letter of Credit Number: 794-4831 `0e 7 e0 Amount: U.S. S 14,037.00 (fourteen thousand and thirty seven dollars and zero cents U.S. DOLLA SJ P-ep ev 64 This Letter of Credit is issued on January 15, 2011 by Issuer in favor of the Beneficiary for the account of Applicant. The et 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. 794-4831 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 _ /- RyareJ. Cassid king Offioe�" / Date )2 -IQ -- Bartez LLC Standby Letter Of Credit CO/4Xckbourn001 579000070580261 209 1 0Y Wolters Kluwer Financial Services©1996, 2010 Bankers Systems'" Page 1 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: 794-4831 Amount: U.S. $ 14,037.00 (fourteen thousand and thirty seven 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 for 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. 794-4831 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 IngersoN, Banking Officer Date // / y c, 'L Bartez LLC Standby Letter Of Credit CO/4Xckbourn00225400007654047110612Y Wolters Kluwer Financial Services "1996, 2012 Bankers Systems'" r'H-1r IRREVOCABLE STANDBY LETTER OF CREDIT Letter of Credit Number: 794-4831 Amount: U.S. $ 14,037.00 (fourteen thousand and thirty seven 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: APPLICANT: t �/1c9 ldc BARTEZ LLC Entity Type: Limited Liability Company 11@ 2 204 South Bowen Street ... o • �4c Longmont, CO 80501 j�?�. O1 S O / s q7 / °r1�Or BENEFICIARY: y `�. I e• d1 COUNTY OF WELD C'� �P 2 raj Entity Type: Corporation e �rj,e . ("'se- s, of County Commissioners 915 Tenth Street �° a�1.?jg PO Box 758 A Greeley, CO 80632 •<3)° 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. 794-4831 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. EXFjRATiON 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 Ry . Sa , Market Vi President Date V02- Bartez LLC Standby Letter Of Credit CO/4Xhhmoore002 1 6900007 7 56 047 1 22 9 1 1Y Wolters Kluwer Financial Services©1996,2011 Bankers SystemsT° Page 1 y�Q�`urned /ehler e Crer1.`A a AC"S t 4o/V 1�y,\fv i _ t LOAN CENTER P.O. BOX 151515 LAKEWOOD, COLORADO 80215 PHONE 303-274-5000 RECEIVED January 30, 2014 JAN377nt COuJPJ;v County Of Weld Board of County Commissioners 915 Tenth Street PO Box 758 Greeley, CO 80632 RE: 794-4831 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, c CLU Melissa Nolan Loan Assistant /man Enclosure(s) &Wired /-/S- 070/';1 IRREVOCABLE STANDBY LETTER OF CREDIT Letter of Credit Number: 794-4831 Amount: U.S. $ 14,037.00 (fourteen thousand and thirty seven 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, 794-4831 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 Pivi 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. I. 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 CInge/rsollrBanking Officer • Date id j/ZJ.'"t_ • • Barnes LLC Standby Letter Of Credit CO/4Xckbourn002 2 5400007 8 540471 1 06 1 2Y Wolters Kluwer Financial Services°1996, 2012 Bankers Systems', Page 1 Hello