HomeMy WebLinkAbout20092491021
RESOLUTION
RE: APPROVE IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING
COLLATERAL FOR IMPROVEMENTS, AUTHORIZE CHAIR TO SIGN, AND ACCEPT
COLLATERAL FOR USE BY SPECIAL REVIEW PERMIT #1670 - NORTHERN
COLORADO DISPOSAL
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 November 12, 2008, the Weld County Board of Commissioners approved
Use by Special Review Permit#1670, for Lowell -Paul Dairy, Inc., 14332 County Road 64, Greeley,
Colorado 80634, c/o Northern Colorado Disposal, Attn: Don Frei, 337 East 8th Street, Greeley,
Colorado 80631, for a Solid Waste Disposal Site and Facility (recycling facility/transfer station) in
the A (Agricultural) Zone District, on the following described real estate, to -wit:
Lot A of Recorded Exemption #449; being part of
Section 33, Township 6 North, Range 66 West of 6th
P.M., Weld County, Colorado
WHEREAS, pursuant to certain Conditions of Approval, the Board has been presented with
an Improvements Agreement According to Policy Regarding Collateral for Improvements between
the County of Weld, State of Colorado, by and through the Board of County Commissioners of
Weld County, and Northern Colorado Disposal, with terms and conditions being as stated in said
agreement, and
WHEREAS, the Board has been presented with Irrevocable Standby Letter of Credit
No. ITIS-741345 from JP Morgan Chase Bank, N.A., Global Trade Services, 300 South Riverside
Plaza, Mail Code IL1-0236, Chicago, Illinois 60606-0236, in the amount of $194,600.00, and
WHEREAS, after review, the Board deems it advisable to approve said agreement and
accept said Irrevocable Standby Letter of Credit as stated above, copies of which are attached
hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Improvements Agreement According to Policy Regarding Collateral for
Improvements between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, and Northern Colorado Disposal, be, and hereby is, approved.
BE IT FURTHER RESOLVED that Irrevocable Standby Letter of Credit No. ITIS-741345
from JP Morgan Chase Bank, N.A., Global Trade Services, 300 South Riverside Plaza, Mail Code
IL1-0236, Chicago, Illinois 60606-0236, 'n the amount of $194,600.00, be and hereby is, accepted.
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2009-2491
PL1991 70
, PL n� 4P/7L �`�
IMPROVEMENTS AGREEMENT - NORTHERN COLORADO DISPOSAL
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 21st day of September, A.D., 2009.
ATTEST:
Weld County Clerk to
BY:
Deputy Clerk to th
AP ED AS To -F-
//
ounty Att6rney
Date of signature 0
1111111 11111111111 11111 11111 IIII 1111111 III IIIII IIII 1111
BOARD 0
WELD C
C,
COUNTY COMMISSIONERS
TY, COLORADO
William F. Garcia, Chair
EXCUSED
Douglas Rademacher, Pro-Tem
c —— (7
Sean P. Conway
Kirkmeyer
David E. Long
2009-2491
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PL1991
MEMORANDUM
COLORADO
TO: Board of County Commissioners 9/17/2009
FROM: Chris Gathman - Planner II ,' ,
SUBJECT: Acceptance of Collateral for USR-1670 (Northern Colorado
Disposal)
On November 12, 2009, the Board of County Commissioners approved USR-1670 (Northern
Colorado Disposal) for a recycling facility/transfer station.
The improvements agreement and collateral has been reviewed by the Department of Public
Works and Department of Planning Services and it has been determined that the amount of
collateral is sufficient to cover the proposed on -site and offsite improvements. On -Site and Off -
Site Improvements amount to $194,600.50. The Department of Public Works and Planning
Services recommends acceptance of this collateral.
SERVICE. TEAMWORK, INTEGRITY, QUALITY
2009-2491
IMPROVEMENTS AGREEMENT ACCORDING TO
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
Northern Colorado Disposal — U SR -1670
THIS AGREEMENT, made and entered into this 3 day of P-Pr1 20c %
by and between the County of Weld, State of Colorado, acting through its Board of County
Commissioners, hereinafter called "County," and Northern Colorado Disposal, hereinafter called
"Property Owner."
WITNESSETH:
WHEREAS, Property Owner is the owner of, the following described property in the
County of Weld, Colorado:
Lot A of Recorded Exemption #449;being part of
Section 33, Township 6 North, Range 66 West of
the 6th P.M., Weld County, Colorado and
hereinafter referred to as "the Property," and
WHEREAS, Property Owner has acquired land use permits from County for a Solid Waste
Disposal Site and Facility (Recycling Facility/Transfer Station) on approximately 6 acres on the
above described real property, and the County is currently in the process of considering an Use -
by -Special Review for the Property, and
WHEREAS, the Property Owner acknowledges that the issuance of USR-1670 is conditional
upon Property Owner's performance of the on -site and off -site improvements which are
described in this Agreement and depicted in a set of plans provided by Property Owner
(hereinafter referred to as "Plans", a copy of which is attached to this Agreement and made a
part hereof, and
WHEREAS, Property Owner acknowledges that it may not engage in any activity related to the
businesses described above until said improvements have been completed, and
WHEREAS, the parties agree that Property Owner shall not be required to commence work on
the on -site or off -site improvements, nor to provide collateral for said improvements until
Property Owner submits an application for grading, and
NOW, THEREFORE, IN CONSIDERATION OF the foregoing and of the promises and
covenants contained herein, the parties hereto promise, covenant and agree as follows:
A. Required Off -Site Improvements
1.0 Weld County Road 64: The safety improvements shall include: construction of
adequate paved turning radii (60') at the main entrance onto WCR 64, drainage and signage
installations, as indicated on the approved construction plans. The paved asphalt driveway
entrance improvements will extend into the site from WCR 64 to the and allow
for adequate stacking of vehicles, as indicated on the approved construction plans.
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2.0 Road Improvements Responsibilities: Property Owner is solely responsible for all
designated improvements on WCR 64, and for any construction improvements mandated by the
Colorado Department of Transportation (hereinafter "CDOT"), and for all expenses associated
therewith. These responsibilities include, but are not limited to the following: utility locates;
right-of-way clearances and permits; coordination with oil and gas operators and facilities,
affected railroad facilities and affected irrigation facilities; traffic control; and project safety
during construction. Property Owner shall obey all applicable regulations issued by the
Occupational Safety and Health Administration (hereinafter "OSHA"), CDOT, Colorado
Department of Public Health and Environment, (hereinafter "CDPHE") and other regulatory
agencies.
3.0 Engineering Design and Construction Plans: All engineering designs and
construction plans provided by Property Owner shall include, at a minimum, ingress/egress
entrance intersection layouts, grading, drainage, a cross section of the base/asphalt, approach
roads, and adequate turning radii, and pavement markings. In addition a geotechnical design is
required on the depth of asphalt on WCR 64, to accommodate heavy truck traffic. These plans,
when accepted by the Weld County Engineer, shall be a part of the Plans, which are a part of this
Agreement.
4.0 Construction Standards: All construction and materials controls for a project shall
conform to the requirements in effect as the time of the completion of the improvements set forth
in the "Standard Specifications for Road and Bridge Construction" provided by CDOT. During
construction, signage shall be posted in accordance with the then current version of the "Manual
of Uniform Traffic Control Devices".
5.0 Effect of Future Changes to Haul Routes: In the event that County should
approve the use of an additional haul route or an alternative haul route which Property Owner
may request as a result of a change in Property Owner's site activities and/or truck circulation
patterns, and if the alternative or additional haul route utilizes an unpaved portion of County
roads, and if County determines that dust control or paving is required on the unpaved portion of
said roads, Property Owner agrees that dust control or paving measures to protect the public
health, safety, and welfare shall be instituted. County will determine the proportionate share of
dust control and paving costs to be paid by Property Owner based upon truck trip counts that
identify traffic loading due to Property Owner -sourced traffic. The amount and extent of dust
control and paving measures will be determined by site -specific conditions at the time, as
determined exclusively by County personnel.
6.0 Future Improvements: Future improvements to the haul route may be required by
County for reasons related to: changes in site activity or truck circulation patterns and numbers,
roadway classification changes, and newly permitted facilities affecting the haul route traffic
usage. Property Owner shall address all Colorado Department of Transportation (CDOT) access
issues associated with afore -mentioned haul route. Future CDOT mandated measures may
include improvements to the intersection of WCR 64/Ost. and WCR 31/59` Ave. Property
Owner shall pay a proportionate cost share based on the number of truck trips using then current
data on the haul route in the implementation of the above -mentioned improvements. County
personnel alone shall make all determinations regarding the gathering of and use of traffic data
when making decisions regarding cost sharing.
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B. Haul Routes:
1.0 Established Haul Routes: All trucks will enter and exit the site via the proposed
access road directly onto WCR 64 at the plant site. The designated haul route shall be east or
west from the facility, allowing dispersal in any direction. In unusual or rare occasions, if
particular projects mandate deviation from the above -mentioned haul route for a limited period
of time, and if County approves such deviation, trucks will utilize paved county roads whenever
possible. All haul trucks shall not exceed CDOT required specifications for pounds per axle.
2.0 Haul Route Signage: Property Owner shall install haul route signs at all exit
points of the Property which can be clearly seen by drivers leaving the facility and which clearly
depict County approved haul routes.
3.0 No deviation from Permitted Haul Routes: No deviation in the use of any roads
other than those specifically authorized for use in this Agreement is permitted without the prior
written amendment of this Agreement.
C. Road Maintenance Requirements:
1.0 Obligation to Maintain Current and Future Haul Routes: Property Owner agrees
to excavate, repair, or patch any damage on WCR 64 from the facility entrance to the intersection
of WCR 64/Ost. and WCR 31/59"'Ave., which in the sole opinion of County has been created by
heavy truck hauling from the Property. Should Property Owner's site activities and/or should
Property Owner's truck circulation patterns change in the future so that County approves an
alternate haul route, and all or a significant portion of Property Owner's sourced traffic no longer
utilizes the above -described haul route and instead utilizes other portions of County roads,
Property Owner shall cooperate with County in maintenance of said roads. The type and method
of repair will be determined by the County Engineer or his representative, and shall require a
written amendment to this Agreement executed by County and Property Owner. All repairs shall
commence within thirty (30) days of receipt of Weld County's written notice.
2.0 Annual Road Inspection: County will conduct a road inspection annually with the
cooperation of Property Owner and all other Property Owners who are required by County to
participate in road improvement/maintenance agreements. As a result of the annual inspection,
County, in its sole discretion, shall determine actual conditions and shall further determine what
road improvement/maintenance work is to be performed during that construction season.
3.0 Future Road Replacement: At any time in the future, if, in the opinion of County,
road damage increases beyond the point that repair of damage cannot maintain the road in a safe
and usable condition, Property Owner shall pay a proportionate cost of a complete restoration
based on the number of then current truck trips on the haul route.
4.0 Sharing of Road Maintenance Responsibilities with Other Property Owners: It is
anticipated that Property Owner and other Property Owners subject to agreements similar to this
Agreement will perform the required road maintenance work and will share in the equipment,
labor, and materials required. Any such sharing arrangement between Property Owner and others
shall be conducted pursuant to separate agreements between the Property Owner and other
Property Owners. County shall approve the Agreements only to determine whether the required
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improvements/maintenance projects have been adequately addressed. County alone shall
determine the sufficiency of all road improvement/maintenance projects when completed.
5.0 Violation of Terms of Agreement: If Property Owner does not perform as
outlined in this Agreement and Exhibits A, and B such non-performance will constitute a
violation of Property Owner's land use permits granted by County, and County will take
whatever remedial measures it deems necessary, against Property Owner. In addition to any
other remedy available to the County in law or equity, a failure to comply with this Agreement
shall be considered grounds for revocation of USR-1670 as it now exists or may, from time to
time, be amended in accordance with the procedures of the Weld County Code.
D. On -Site Improvements:
1.0 Landscaping and Fencing Requirements: Property Owner shall landscape and
maintain the landscaping of the property. Specifically, Property Owner shall at its own expense,
plant, install and maintain all trees, grass and shrubs and other landscaping described and
enumerated on Exhibits A and B which are attached to this Agreement. Additionally, the
Property Owner shall install and maintain fencing to screen the exterior of the property.
Specifically, Property Owner shall at its own expense install and maintain fencing described and
enumerated on Exhibits A and B which are attached to this agreement.
2.0 On -Site Grading, Drainage Facilities and Paving_ Property Owner shall, at its
own expense, grade, pave specified roadway portions, and install accepted drainage facilities, in
the interior portion of the property in accordance with the directives of the Weld County
Department of Public Works and Departmcnt of Planning, as described in Exhibits A and B
which are attached to this Agreement. Refer to Section A., paragraph 1.0 of this agreement for
specific paving requirements extending into the facility site from WCR 64. Additional
infrastructure improvements will be addressed at the time of application for an USR.
3.0 Timing of Improvements: Property Owner shall not be required to complete the
landscaping requirements until the occurrence of the triggering event for all improvements,
namely the application of the grading permit or an amendment to the existing USR. At that time,
Property Owner agrees that all landscaping shall be completed within the parameters established
in Exhibit B.
E. General Requirements:
1.0 Engineering Services: Property Owner shall furnish, at its own expense, all
engineering services in connection with the design and construction of the improvements listed
on Exhibit "A," according to the construction schedule set forth in Exhibit "B," both of which
are attached hereto and incorporated herein by reference.
The required engineering services shall be performed by a Professional
Engineer and Land Surveyor registered in the State of Colorado, and shall
conform to the standards and criteria established by the County for public
improvements.
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1.2 The required engineering services shall consist of, but not be limited to,
surveys, designs, plans and profiles, estimates, construction supervision,
and the submission of necessary documents to the County.
1.3 Property Owner shall furnish construction drawings for the road
improvements on public rights -of -way or easements and all improvements
interior on the Property for approval prior to the letting of any construction
contract.
2.0 Rights -of -way and Easements: Before commencing the construction of any
improvements herein agreed upon for public rights -of -way or easements, Property Owner shall
acquire, at its own expense, good and sufficient rights -of -way and easements on all lands and
facilities traversed by the proposed improvements. All such rights -of -way and easements used
for the construction of roads to be accepted by the County shall be conveyed to the County and
the documents of conveyance shall be furnished to the County for recording.
3.0 Construction: Property Owner shall furnish and install, at its own expense, the
improvements listed on Exhibit "A," which is attached hereto and incorporated herein by
reference, with the improvements interior to the Property being completed by the dates set forth
on Exhibit "B", and improvements to public rights -of -way or easements being completed also in
accordance with the schedule set forth in Exhibit "B" The Board of County Commissioners, at its
option, may grant an extension of the time of completion stated herein upon application by the
Property Owner.
3.1 Said construction shall be in strict conformance to the plans and drawings
approved by the County and the specifications adopted by the County.
3.2 Property Owner shall employ, at its own expense, a qualified testing
company previously approved by the County to perform all testing of
materials or construction; and shall furnish copies of test results to the
County.
3.3 At all times during said construction, the County shall have the right to
test and inspect, or to require testing and inspection of material and work,
at Property Owner's expense. Any material or work not conforming to the
approved plans and specifications shall be removed and replaced to the
satisfaction of the County at Property Owner's expense.
3.4 Said USR improvements shall be completed, according to the terms of this
Agreement, within the construction schedule appearing in Exhibit "B."
The Board of County Commissioners, at its option, may grant an
extension of the time of completion of items shown on Exhibit "A" upon
application of the Property Owner subject to the terms of Section 6 herein.
4.0 Release of Liability: Property Owner shall indemnify and hold harmless the
County from any and all liability loss and damage County may suffer as a result of all suits,
actions or claims of every nature and description caused by, arising from, or on account of said
design and construction of improvements, and pay any and all judgments rendered against the
County on account of any such suit, action or claim, together with all reasonable expenses and
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attorney fees incurred by County in defending such suit, action or claim whether the liability,
loss or damage is caused by, or arises out of the negligence of the County or its officers, agents,
employees, or otherwise except for the liability, loss, or damage arising from the intentional torts
or the gross negligence of the County or its employees while acting within the scope of their
employment. All contractors and other employees engaged in construction of the improvements
shall maintain adequate worker's compensation insurance and public liability insurance coverage,
and shall operate in strict accordance with the laws and regulations of the State of Colorado
governing occupational safety and health.
5.0 Warranty of Road Improvements: Property Owner shall warranty all
improvements to public rights -of -way, including all privately created and maintained roads or
rights -of -way, or easements for a period of one (1) year. The warranty period shall begin only
after the County's execution of a written acceptance of the improvement(s).
6.0 Acceptance of Improvements by the County: Upon compliance with the
following procedures by the Applicant, the improvements shall be deemed accepted by the
County.
6.1 If desired by the County, portions of the improvements may be placed in
service when completed according to the schedule shown on Exhibit "B,"
but such use and operation shall not constitute an acceptance of said
portions.
6.2 County may, at its option, issue building permits for construction on lots
for which the improvements detailed herein have been started but not
completed as shown on Exhibit "B," and may continue to issue building
permits so long as the progress of work on the USR improvements in that
phase of the USR is satisfactory to the County, and all terms of this
Agreement have been faithfully kept by Applicant.
6.3 Upon completion of the construction of improvements within the USR and
required offsite improvements, and the filing of a Statement of Substantial
Compliance, the applicant(s) may request in writing that the County
inspect the improvements and recommend that the Board of County
Commissioners partially approve them. Not sooner than nine months after
partial acceptance, the County Engineer shall, upon request by the
applicant, inspect the subject improvements, and notify the applicant(s) of
any deficiencies. The County Engineer shall reinspect the improvements
after notification from the applicant(s) that any deficiencies have been
corrected. If the County Engineer finds that the improvements are
constructed according to County standards, he or she shall recommend full
acceptance. Upon a receipt of a positive unqualified written
recommendation from the County Engineer for acceptance of
improvements within the USR, the Board of County Commissioners shall
fully accept said improvements as public but with private pay.
7.0 General Requirements for Collateral:
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7.1 The value of all collateral submitted to Weld County to guarantee
completion of the improvements listed in Exhibits "A," must be equivalent
to One -Hundred percent (100%) of the value of the improvements as
shown in this Agreement.
7.2 Collateral must be submitted upon the approval of this Agreement by the
Board of County Commissioners.
7.3 Collateral may be in the form of an irrevocable letter of credit (LOC) in an
amount equivalent to (100%) of the total value of the improvements set
forth in the Improvements Agreement; the LOC shall be subject to the
requirements of Weld County Code Section 2-3-30 B.
7.4 Collateral may be in the form of a deed of trust upon the Property,
provided that the following are submitted:
7.4.1 An appraisal is required of the Property by a disinterested Member
of the American Institute of Real Estate Appraisers (M.A.I.)
indicating that the value of the property encumbered in its current
degree of USR is sufficient to cover One -Hundred Percent (100%)
of the cost of the improvements as set forth in this Agreement, plus
all costs of sale of the Property.
7.4.2 A title insurance policy insuring that the Trust Deed creates a valid
encumbrance which is senior to all other liens and encumbrances.
7.5 Collateral may be in the form of a surety bond given by a corporate surety
authorized to do business in the State of Colorado in an amount equivalent
to one hundred percent (100%) of the value of the improvements set forth
in the Improvements Agreement. The surety bond shall conform to and be
subject to the requirements of Weld County Code Section 2-3-30 B.4.
7.6 Collateral may be in the form of a cash deposit made with the Board in an
amount equivalent to one hundred percent (100%) of the value of the
improvements set forth in the Improvements Agreement.
7.7 Collateral may be in the form of an escrow agreement where the cash in
escrow is in an amount equivalent to one hundred percent (100%) of the
value of the improvements set forth in the Improvements Agreement. The
escrow agreement shall conform to and be subject to the requirements of
Weld County Code Section 2-3-30 B.3.
8.0 Request for Release of Collateral: Collateral shall be released in accordance with
the provisions of Weld County Code Section 2-3-30.C. Prior to release of collateral for the entire
project or for a portion of the project by Weld County, the Property Owner must present a
Statement of Substantial Compliance from an Engineer registered in the State of Colorado that
the project or a portion of the project has been completed in substantial compliance with
approved plans and specifications documenting the following:
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8.1 The Engineer or his representative has made regular on -site inspections
during the course of construction and the construction plans utilized are
the same as those accepted by Weld County.
8.2 For the improvements to public rights -of -way or easements, test results
must be submitted for all phases of this project as per Colorado
Department of Transportation (CDOT) Schedule for minimum materials
sampling, testing and inspections found in CDOT Materials Manual.
8.3 "As -built" plans shall be submitted at the time the letter requesting release
of collateral is submitted. The Engineer shall certify that the project
"as -built" is in substantial compliance with the plans and specifications as
approved, or that any material deviations have received prior written
acceptance from the County Engineer.
8.4 The Statements of Substantial Compliance must be accompanied, if
appropriate, by a letter of acceptance of maintenance and responsibility by
the appropriate utility company, special district or town for any utilities.
8.5 Following the submittal of the Statement of Substantial Compliance and
written recommendation of acceptance of the improvements by the
County, the Property Owner may request release of the collateral for the
project or portion of the project by the Board. This action will be taken at
a regularly scheduled public meeting of the Board.
8.6 For improvements to public rights -of -way or easements, the request for
release of collateral shall be accompanied by "Warranty Collateral" in the
amount of fifteen percent (15%) of the value of the improvements as
shown in this Agreement excluding improvements fully accepted for
maintenance by the responsible governmental entity, special district or
utility company. The warranty collateral shall be released to the Property
Owner following the expiration of the warranty period upon final written
acceptance by the Board of County.
9.0. Successors and Assigns: Except as specified below, this Agreement may
not be delegated or assigned in whole or in part by either party hereto without the express written
consent of the other party and the written Agreement of the party to whom the obligations under
this Agreement are assigned. Consent to a delegation or an assignment will not be unreasonably
withheld. Notwithstanding the previous two sentences, the obligations to improve and maintain
the improvements outlined in this Agreement may be delegated to a purchaser of a portion or all
of the Property or business operation conducted thereon, provided further that County's consent
to such does not relieve Northern Colorado Disposal of any obligations under this Agreement.
Notwithstanding any other provisions of this Agreement or of this paragraph, County may
delegate or assign its rights and obligations under this Agreement without the consent of
Property Owner (or its assigns, delegates or successors in interest) to another governmental
entity which by annexation or agreement has assumed jurisdiction over the roads affected by this
Agreement. This Agreement shall be binding upon the heirs, executors, personal representatives,
successors and assigns of the Property Owner, and upon recording by the County, shall be
deemed a covenant running with the land herein described.
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10.0. County Engineer: All references in this Agreement to "County Engineer" shall
refer to the any individual or individuals appointed by the County Engineer to act on his/her
behalf.
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IN WITNESS WHEREOF, the parties hereto have cause this Agreement to be executed
on the day and year first above written.
PROPERTY
OWNER:
rhCS idetot
PROPERTY
OWNER:
Subscribed and sworn to before me this 3 day of
ATTEST:
Mr "/,L
terL ,20 07
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Weld County Clerk to the B rd (' l aj illiam F. Garcia, Chair
BY:
the Board
APPROVED AS TO FORM:
County Attorney
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EXHIBIT A - Cost Sheet (OFF -SITE)
Name of Subdivision, PUD, USR, RE, SPR: USR-1670 Filing/Case #: Int A,M449 Location: N. 59th Ave.
Personnel Contact: Name DON FREI
Title PRESIDENT Phone 970-353-4090
ide Ihrou hoot thie focry the follnwine improvements
Inlenamg to ne legato, Duna, me unaer. ggncu
Improvements
(Leave spaces blank where they do not apply)
np puwn, .m.= l age
...... t,....
(OFF -SITE)
Quantity
Units
Unit Costs ($)
Estimated Construction
Cost (Si
Site Grading
Street Grading
500
SY
$1.50
$ 750.00
Street Base
220
SY
$5.85
$1,287.00
$6,215.00
Street Paving
220
SY
$28.25
Curbs, Gutters, and Culverts
Sidewalk
Stormwater/Drainage Facilities
Retention / Detention Ponds
Road Culvert
Grass Lined Swale
1104
SO. FT.
.035
$ 385.14
Ditch Improvements
Subsurface Drainage
Sanitary Sewers/Sewage Facilities
Sanitary Sewer Forced Main
Erosion Control Measures/BMP's
Laterals (house or building connected)
Water Supply and Storage
Water Mains (includes bore)
Fire Hydrants
Survey, Street Monuments/Boxes
Parking Area
Street Lighting
Street Names (Stop Sign & Post)
1
EA.
$250.00
$ 250.00
Signage & Pavement Marking
Fencing Requirements
Landscaping
Park Improvements
Telephone
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_
Gas
Electric
Water Transfer
SUB-TOTAL:P
3 �G
L:2'Y^�i
�i. S�P�'3i? 5 $"i y AY.V
a
"'� •r �2 �Pe i
$8,887.14
Engineering and Supervision Costs $
$2,250.00
(Testing, inspection, as -built plans and work in addition to preliminary and final plat; supervision of actual construction by contractors)
TOTAL ESTIMATED COST OF IMPROVEMENTS AND SUPERVISION $ $ 11,13'7.14
EXHIBIT A - Cost Sheet (OFF -SITE) - Signature Page
The above improvements shall be 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 improve ents shall be completed according to the construction schedule set out in Exhibit B
By: /L
By:
Applicant
lit 5; Jet
Title
Applicant
Title
Date
DF
c 15
20 9
Date , 20
(If corporation, to be signed by President and attested to by Secretary, together with corporate seal.)
1111111 11111 DIM 11111 IIIII IIII 1111111111 111111 111 111
3654021 10/14/2009 10:49A Weld County, CO
14 of 18 R 0.00 D 0.00 Steve Moreno Clerk & Recorder
M:WGREEMENTS\Exhibits \Exh A off-site.xls
EXHIBIT A - COST SHEET (ON -SITE)
Name of Subdivision, PUD, USR, RE, SPR: USA— 1670 Filing/Case #:LOtA, W449 Location: N. 59th Ave.
Personnel Contact: Name DON FREI
Title PRESIDENT Phone 970-353-4090
• mprovements.
mrennmg to be le all bound, t e un ersr ne
Improvements
(Leave spaces blank where they do not apply)
¢on
Quantity
Units
Unit Costs ($)
Estimated Construction
Cost 'si
Site Grading
7295
CY
$2.00
$14,590.00
Street Grading
Street Base (a1Ilimas & bra)
1483
SY
$1.50
$ 2,224.50
Street Paving (4oAsitait+6"AI3)
1483
SY
$13.00
$19,279.00
Curbs, Gutters, and Culverts
Sidewalk
2480
SO. FT.
$3.66
$ 9,076.80
Stormwater/Drainage Facilities (15" Bated 3)
Retention / Detention Ponds (Inlet Si cture)
2
EA.
$4,250.00
$ 8,500.00
Road Culvert (18" R2P w/F.E.S.&E. Sactias)
1
EA.
$2,740.00
$ 2,740.00
Grass Lined Swale
535
LF
$1.50
$ 802.50
Ditch Improvements
Subsurface Drainage
Sanitary Sewers/Sewage Facilities
1
Elk.
$5,200.00
$ 5,200.00
Sanitary Sewer Forced Main
Erosion Control Measures/BMP's
1
LS
$3,982.00
$ 3,982.00
Laterals (house or building connected)
Water Supply and Storage
1
EA.
$17,000.00
$17,000.00
Water Mains (includes bore)
Fire Hydrants
Survey, Street Monuments/Boxes
Parking Area
Street Lighting
Street Names
Signage & Pavement Marking
Fencing Requirements
(1) 1R87 ft,
LS
$59,375.00
$27,103.37
$59,375.00
$27,103.37
Landscaping
Park Improvements
Telephone
Gas
Electric
11111 111111 11111
10/14/2009
of 18 R 0.00 D 0.00
11111 1111 1111111111111111
10:49A Weld County,
Steve Moreno Clerk
III III' _
CO
& Recorder —
Water Transfer
1111111
3654021
15
SUB -TOTAL:
g 7 : :. ,,�1 G
��.,•s ��=Es_
$169,873.36
Engineering and Supervision Costs $ 13,590.00
(Testing, inspection, as -built plans and work in addition to preliminary and final plat; supervision of actual construction by contractors)
TOTAL ESTIMATED COST OF IMPROVEMENTS AND SUPERVISION $ 183,463.36
EXHIBIT A - COST SHEEP (ON -SITE) - SIGNATURE PAGE
The above improvements shall be 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 improvements shall be completed according to the construction schedule set out in Exhibit B
By:
Applicant
Art-5C�
Title
By:
Applicant
Title
ix Date ,20 O9
Date , 20
(If corporation, to be signed by President and attested to by Secretary, together with corporate seal.)
111111111111111111111111111 ���� 1111111 III IIIIII III III
3654021 10/14/20(19 10:49A Weld County, CO
16 of 18 R 0.00 D 0.00 Steve Moreno Clerk & Recorder
M:\AGREEMENTS\Exhibits)Exh A on-site.xls
EXHIBIT B - Time Schedule (ON -SITE) & (OFF -SITE)
Name of Subdivision, PUD,USR,RE, SPR: USR-1670 Filing.Cases:l iuJA9ocmton: N. 59th Ala
?mending to be legally boeml, ,he w,*ri iin& Applicant hereby deem to pmvWe dire ggho.0 (h o fat 'my ti¢ JWln.ving rogue v n,en5n
All Improvements snail be completed wtSi yews from the date of approval at the Mwl plat
carnovdlon of he usepnewasseants IMYd ha Exhibit A shall be cwgleY- as Maws:
Improvements
rune Schedule
j(Leave pent (moos where tiny w net apply)
fON.ff/E1
IOFFSrlt}
Site Grading
4 weeks
Street Grading
1 week
StreetBase
2 weeks
1 week
Street Paving
2 weeks
2 weeks
Curbs, Gutters, and Cdverts
Sidewalk
1 week
Stormwater/Drainage Peciiitics
1 week
Retention / Detention Ponds
2 weeks
Road Culvert
1 week
Grass Lined Swale
1 week
1 week
Ditch improvements
Subsurface Drainage
Sanitary Sewers/Sewage Facilities
3 weeks
Sanitary Sewer Forced Main
Erosion Control Meamre✓BMPs
1 week
Laterals Dunne or beading connected)
Water Supply and Storage
1 week
Water Mains (includes bore)
Fire liydrauts
Survey, Street MonnmeafrBoan
1 week
Parking Area
Street Lighting
Street Names
Signage & Pavement Marking
Fencing Requirements
2 weeks
Lan ping
4 weeks
j
Park Improvements
Telephone
1 week
Gas
1 week
Elects c
1 week
Water Transfer
29 weeks
5 weeks
IUTAL
Final Comwnwa Date far emirs Protect
No later than 7/31/2010
ND later than 7/31/2010
1111111111111111II 11111111111III 1111111 III 111111 IFI II1I
3654021 10/14/2009 10:49A Weld County, CO
17 of 18 R 0.00 D 0.00 Steve Moreno Clerk & Recorder
EXHIBIT B - Time Schedule- Signature Page
The County, at its option, and upon the request of the Applicant, may grant an extension of time for completion
for any particular improvements shown above, upon a showing by the Applicant that the above schedule cannot
be met.
By:
Applicant
Pre3
Title
By:
Applicant
Title
c
Date ti� , 20 0 7
Date , 20
(If corporation, to be signed by President and attested to by Secretary, together with corporate seal.)
M:WGREEMENTS\Exhibits\Exh B Time Schedule xls
111111 11111 111111 11111 I1ll1 11111111111 111 111111 III III
3654021 10/14/2009 10:49A Weld County, CO
18 of 18 R 0.00 D 0.00 Steve Moreno Clerk & Record
JPMorganChase 0
JPMorgan Chase Bank, N.A.
Global Trade Services
300 South Riverside Plaza
Mail Code IL1-0236
Chicago, IL 60606-0236
SEP 15, 2009
OUR L/C NO.: ITIS-741345
IRREVOCABLE STANDBY LETTER OF CREDIT NO. ITIS-741345
DATED: SEPTEMBER 15, 2009
BENEFICIARY:
BOARD OF COUNTY COMMISSIONERS OF
WELD COUNTY, COLORADO
915 TENTH STREET
GREELEY, CO 80631
ATTN: CLERK TO THE BOARD
BY THE ORDER OF:
APPLICANT:
NORTHERN COLORADO DISPOSAL
337 E 8TH STREET
GREELEY, CO 80631
WE HEREBY ISSUE IN YOUR FAVOR OUR IRREVOCABLE STANDBY LETTER OF CREDIT NO.
ITIS-741345 FOR THE ACCOUNT OF NORTHERN COLORADO DISPOSAL FOR AN AMOUNT OR
AMOUNTS NOT TO EXCEED IN THE AGGREGATE U.S. $194,600.00 (ONE HUNDRED
NINETY FOUR THOUSAND SIX HUNDRED AND NO/100 U.S. DOLLARS) AVAILABLE BY
YOUR DRAFTS AT SIGHT DRAWN ON JPMORGAN CHASE BANK, N.A., CHICAGO, IL
EFFECTIVE IMMEDIATELY AND EXPIRING AT OUR OFFICE ON SEPTEMBER 1, 2010.
FUNDS UNDER THIS LETTER OF CREDIT ARE AVAILABLE AGAINST YOUR DRAFT(S) AS
HEREIN ABOVE SET FORTH MARKED "DRAWN UNDER JPMORGAN CHASE BANK, N.A.
LETTER OF CREDIT NO. ITIS-741345" AND ACCOMPANIED BY THE FOLLOWING:
BENEFICIARY'S DATED STATEMENT, SIGNED BY AN AUTHORIZED REPRESENTATIVE OF
THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO, SIGNING AS
SUCH, READING AS FOLLOWS: "THE BOARD OF COUNTY COMMISSIONERS OF WELD
COUNTY, COLORADO HEREBY CERTIFIES THAT IT IS ENTITLED TO DRAW U.S. DOLLARS
(AMOUNT IN WORDS) (U.S. $ ) UNDER JPMORGAN CHASE BANK, N.A. LETTER
OF CREDIT NUMBER ITIS-741345 DATED SEPTEMBER 15, 2009 BECAUSE NORTHERN
COLORADO DISPOSAL HAS DEFAULTED ON ITS OBLIGATIONS UNDER THE IMPROVEMENTS
AGREEMENT, NORTHERN COLORADO DISPOSAL-USR-1670 DATED APRIL 3, 2009
BETWEEN NORTHERN COLORADO DISPOSAL AND THE COUNTY OF WELD, COLORADO BY
(STATE NATURE OF DEFAULT)."
162703 Kabul Kumar Page I of 4
JPMorganChase 0
JPMorgan Chase Bank, N.A.
Global Trade Services
300 South Riverside Plaza
Mail Code IL1-0236
Chicago, IL 60606-0236
PARTIAL AND MULTIPLE DRAWINGS ARE PERMITTED.
SEP 15, 2009
OUR L/C NO.: ITIS-741345
IT IS A CONDITION OF THIS LETTER OF CREDIT THAT THE EXPIRATION DATE SHALL
BE AUTOMATICALLY EXTENDED WITHOUT AMENDMENT FOR ONE (1) YEAR FROM THE
EXPIRATION DATE HEREOF OR ANY FUTURE EXPIRATION DATE UNLESS AT LEAST
NINETY (90) DAYS PRIOR TO SUCH EXPIRATION DATE WE SEND NOTICE TO YOU BY
HAND DELIVERED COURIER, AT THE ADDRESS STATED ABOVE, THAT WE ELECT NOT TO
EXTEND THIS LETTER OF CREDIT FOR ANY SUCH ADDITIONAL PERIOD. HOWEVER, IN
NO EVENT WILL THIS LETTER OF CREDIT BE AUTOMATICALLY EXTENDED BEYOND THE
FINAL MATURITY DATE OF SEPTEMBER 1, 2011. IN THE EVENT YOU RECEIVE SUCH
NOTIFICATION, YOU MAY DRAW ON US FOR THE AMOUNT AVAILABLE UNDER THE LETTER
OF CREDIT, BY PRESENTATION OF (A) A SIGHT DRAFT DRAWN ON JPMORGAN CHASE
BANK, N.A. AND (B) A DATED STATEMENT, SIGNED BY AN AUTHORIZED
REPRESENTATIVE OF THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY,
COLORADO, SIGNING AS SUCH, READING AS FOLLOWS: "WE HAVE RECEIVED
NOTIFICATION FROM JPMORGAN CHASE BANK, N.A. THAT LETTER OF CREDIT NO.
ITIS-741345 WILL NOT BE EXTENDED FOR A FURTHER PERIOD AND THAT NORTHERN
COLORADO DISPOSAL HAS FAILED TO REPLACE THIS LETTER OF CREDIT OR PROVIDE
OTHER ACCEPTABLE SECURITY."
THIS LETTER OF CREDIT MAY BE CANCELLED PRIOR TO EXPIRATION PROVIDED THE
ORIGINAL LETTER OF CREDIT (ANY AMENDMENTS, IF ANY) ARE RETURNED TO
JPMORGAN CHASE BANK, N.A., CHICAGO, IL WITH A STATEMENT SIGNED BY THE
BENEFICIARY STATING THAT THE ATTACHED LETTER OF CREDIT IS NO LONGER
REQUIRED AND IS BEING RETURNED TO THE BANK FOR CANCELLATION.
THIS LETTER OF CREDIT IS TRANSFERABLE IN WHOLE BUT NOT IN PART, AND MAY BE
TRANSFERRED ONE OR MORE TIMES, AND EXCEPT AS EXPRESSLY STATED HEREIN, IS
TRANSFERABLE IN ACCORDANCE WITH THE UCP PUBLICATION NO. 600. ANY TRANSFER
REQUEST MUST BE PRESENTED TO US WITH THE ATTACHED FORM TOGETHER WITH THE
ORIGINAL LETTER OF CREDIT. TRANSFERS TO DESIGNATED FOREIGN NATIONALS
AND/OR SPECIALLY DESIGNATED NATIONALS ARE NOT PERMITTED AS BEING CONTRARY
TO THE U.S. TREASURY DEPARTMENT OR FOREIGN ASSETS CONTROL REGULATIONS.
TRANSFER CHARGES ARE FOR THE ACCOUNT OF THE APPLICANT.
THE CORRECTNESS OF THE SIGNATURE AND TITLE OF THE PERSON SIGNING THE
162 703 Rahul Kumar Page 2 of 4
JPMorganChase j
JPMorgan Chase Bank, N.A.
Global Trade Services
300 South Riverside Plaza
Mail Code ILI-0236
Chicago, IL 60606-0236
TRANSFER FORMS MUST BE VERIFIED BY YOUR BANK.
SEP 15, 2009
OUR L/C NO.: ITIS-741345
THIS LETTER OF CREDIT SETS FORTH IN FULL THE TERMS OF OUR UNDERTAKING, AND
SUCH UNDERTAKING SHALL NOT IN ANY WAY BE MODIFIED, AMENDED OR AMPLIFIED BY
REFERENCE TO ANY DOCUMENT, INSTRUMENT OR AGREEMENT REFERRED TO HEREIN OR
IN WHICH THIS LETTER OF CREDIT IS REFERRED TO OR TO WHICH THIS LETTER OF
CREDIT RELATES, AND ANY SUCH REFERENCE SHALL NOT BE DEEMED TO INCORPORATE
HEREIN BY REFERENCE ANY DOCUMENT, INSTRUMENT OR AGREEMENT.
WE ENGAGE WITH YOU THAT DRAFTS DRAWN UNDER AND IN CONFORMITY WITH THE
TERMS AND CONDITIONS OF THIS CREDIT WILL BE DULY HONORED ON PRESENTATION
IF PRESENTED ON OR BEFORE THE EXPIRATION AT OUR COUNTERS AT 300 SOUTH
RIVERSIDE PLAZA, MAIL CODE IL1-0236, ATTN: STANDBY LETTER OF CREDIT UNIT,
CHICAGO, IL 60606-0236. THE ORIGINAL LETTER OF CREDIT MUST ACCOMPANY THE
DOCUMENTS REQUIRED UNDER THIS CREDIT FOR ENDORSEMENT.
DRAWINGS UNDER THIS LETTER OF CREDIT PRESENTED BY TELEFACSIMILE ("FAX") TO
FAX NUMBER 312-954-2457, OR ALTERNATELY TO FAX NUMBER 214-954-0203 ARE
ACCEPTABLE, UNDER TELEPHONE PRE -ADVICE TO 312-954-5603, OR ALTERNATELY TO
1-800-634-1969, OPTION #1, PROVIDED THAT SUCH FAX PRESENTATION IS RECEIVED
ON OR BEFORE THE EXPIRY DATE ON THIS INSTRUMENT IN ACCORDANCE WITH THE
TERMS AND CONDITIONS OF THIS LETTER OF CREDIT. FURTHER PRESENTATION OF
ORIGINAL DOCUMENTS IS NOT REQUIRED.
PRESENTATIONS MADE UNDER AND IN COMPLIANCE WITH THE TERMS AND CONDITIONS
OF THIS LETTER OF CREDIT RECEIVED AT OUR OFFICE PRIOR TO 11:00A.M. CENTRAL
TIME ON A BUSINESS DAY WILL BE DULY HONORED ON THE NEXT BUSINESS DAY.
PRESENTATIONS MADE UNDER AND IN COMPLIANCE WITH THE TERMS AND CONDITIONS
OF THIS LETTER OF CREDIT RECEIVED AT OUR OFFICE AFTER 11:00A.M. CENTRAL
TIME ON A BUSINESS DAY WILL BE DULY HONORED ON THE SECOND BUSINESS DAY
FOLLOWING PRESENTATION. IF REQUESTED BY YOU, PAYMENT UNDER THIS LETTER OF
CREDIT MAY BE MADE BY DEPOSIT OF IMMEDIATELY AVAILABLE FUNDS INTO A
DESIGNATED ACCOUNT THAT YOU MAINTAIN WITH JPMORGAN CHASE BANK, N.A. OR BY
WIRE TRANSFER DIRECTLY TO AN ACCOUNT DESIGNATED BY BENEFICIARY. AS USED
HEREIN, THE TERM "BUSINESS DAY" MEANS ANY DAY OTHER THAN A SATURDAY,
SUNDAY, OR A DAY ON WHICH BANKS IN THE STATE OF ILLINOIS ARE AUTHORIZED OR
REQUIRED BY LAW TO BE CLOSED, AND A DAY ON WHICH PAYMENTS CAN BE EFFECTED
ON THE FEDWIRE SYSTEM.
162703 Rahul Kumar Page 3 of 4
JPMorganChase 0
JPMorgan Chase Bank, N.A.
Global Trade Services
300 South Riverside Plaza
Mail Code ILI-0236
Chicago, IL 60606-0236
SEP 15, 2009
OUR L/C NO.: ITIS-741345
THIS LETTER OF CREDIT IS GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH THE
LAWS OF THE STATE OF NEW YORK, AND, EXCEPT AS OTHERWISE EXPRESSLY STATED
HEREIN, TO THE UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDITS (2007
REVISION), INTERNATIONAL CHAMBER OF COMMERCE PUBLICATION NO. 600, AND IN
THE EVENT OF ANY CONFLICT, THE LAWS OF THE STATE OF NEW YORK WILL CONTROL,
WITHOUT REGARD TO PRINCIPLES OF CONFLICT OF LAWS.
PLEASE ADDRESS ALL CORRESPONDENCE REGARDING THIS LETTER OF CREDIT TO THE
ATTENTION OF THE STANDBY LETTER OF CREDIT UNIT, 300 S. RIVERSIDE PLAZA,
MAIL CODE IL1-0236, CHICAGO, IL 60606-0236, INCLUDING THE LETTER OF CREDIT
NUMBER MENTIONED ABOVE. FOR TELEPHONE ASSISTANCE, PLEASE CONTACT THE
STANDBY CLIENT SERVICE UNIT AT 1-800-634-1969, SELECT OPTION 1, AND HAVE
THIS LETTER OF CREDIT NUMBER AVAILABLE.
AUTHORIZED SI ATURE
162703 Rahul Kumar Page 4 of 4
Request for a Full Transfer of the below
referenced Standby Letter of Credit
JPMorganChase C j
Date: Reference: ITIS-741345
To: JPMorgan Chase Bank, N.A. and/or its subsidiaries and/or affiliates.
" Transferring Bank"
(Issuing Bank's Letter of Credit Number)
(Advising Bank's Reference Number, if applicable)
We, the undersigned "First Beneficiary", hereby irrevocably transfer all of our rights to draw under the above referenced Letter of
Credit ("Credit") in its entirety to:
Advise through:
(Print Name and complete address of the Transferee) "Second Beneficiary"
(Print Name/address of Second Beneficiary's Bank, if known - if left blank, the Transferring Bank will select the advising bank)
In accordance with UCP 600 Article 38 or ISP 98, Rule 6 regarding transfer of drawing rights (whichever set of rules the Credit is
subject to), all rights of the undersigned First Beneficiary in such Credit are transferred to the Second Beneficiary. The Second
Beneficiary shall have the sole rights as beneficiary thereof, including sole rights relating to any amendments whether increases or
extensions or other amendments and whether now existing or hereafter made. All amendments are to be advised directly to the
Second Beneficiary without necessity of any consent of or notice to the undersigned First Beneficiary.
The original Credit, including amendments to this date, is attached and the undersigned First Beneficiary requests that you endorse an
acknowledgment of this transfer on the reverse thereof The undersigned First Beneficiary requests that you notify the Second
Beneficiary of this Credit in such form and manner as you deem appropriate, and the terms and conditions of the Credit as
transferred. The undersigned First Beneficiary acknowledges that you incur no obligation hereunder and that the transfer shall not be
effective until you have expressly consented to effect the transfer by notice to the Second Beneficiary.
If you agree to these instructions, please advise the Second Beneficiary of the terms and conditions of the transferred Credit and these
instructions.
First Beneficiary represents and warrants to Transferring Bank that (i) our execution, delivery, and performance of this request to
Transfer (a) are within our powers and have been duly authorized (b) constitute our legal, valid, binding and enforceable obligation (c) do
not contravene any charter provision, by-law, resolution, contract, or other undertaking binding on or affecting us or any of our properties
and (d) do not require any notice, filing or other action to, with, or by any governmental authority (ii) we have not presented any demand
or request for payment or transfer under the Credit affecting the rights to be transferred, and (iii) the Second Beneficiary's name and
address are correct and complete and the transactions underlying the Credit and the requested Transfer do not violate applicable
United States or other law, rule or regulation, including without limitation U.S. Foreign Asset Control regulations.
We further agree to indemnify and hold harmless you and each of your directors, officers and employees (each an "Indemnitee" and
collectively, "Indemnitees") from and against any losses, damages, liabilities, claims, costs and expenses (including reasonable
attorneys' fees) to which any Indemnitee may be subject or which any Indemnitee may incur, directly or indirectly, arising out of or
relating to (i) any breach by us of the representations and warranties herein; and (ii) our failure to remit to you, upon demand, funds
paid to us despite the Transfer.
Stby Appl Chg Rev. 06/29/2007
1
The Effective Date shall be the date hereafter on which Transferring Bank effects the requested transfer by acknowledging this
request and giving notice thereof to Second Beneficiary.
WE WAIVE ANY RIGHT TO TRIAL BY JURY THAT WE MAY HAVE IN ANY ACTION OR PROCEEDING RELATING TO
OR ARISING OUT OF THIS TRANSFER.
This Request is made subject to the same International Chamber of Commerce Publication as and if stipulated in the Credit (and the
ISP 98 if not so stipulated) and is subject to and shall be governed by the laws of the State of New York, without regard to principles
of conflict of laws. The undersigned submits to the nonexclusive jurisdiction of any state or federal court located in the Borough of
Manhattan, City of New York, New York, for itself and its property and agrees that any such court shall be a proper forum for any
action or suit brought by you.
Sincerely yours,
(Print Name of First Beneficiary)
(Print Authorized Signers Name and Title)
(Authorized Signature)
(Print Second Authorized Signers Name and Title, if required)
(Second Authorized Signature, if required)
(Telephone Number/Fax Number)
SIGNATURE GUARANTEED
Signature(s) with title(s) conform(s) with that/those on file
with us for this individual, entity or company and signer(s)
is/are authorized to execute this agreement.
(Print Name of Bank)
(Address of Bank)
(City, State, Zip Code)
(Print Name and Title of Authorized Signer)
(Authorized Signature)
(Telephone Number)
(Date)
Stby Appl Chg Rev. 06/29/2007 2
JPMorganChase �7
JPMorgan Chase Bank, NA.
Global Trade Services
300 South Riverside Plaza
Mail Code IL1-0236
Chicago, IL 60606-0236
MAY 26, 2010
L/C NO.: ITIS-741345 ITEM NO: 0004
TO:
BOARD OF COUNTY COMMISSIONERS OF
WELD COUNTY, COLORADO
915 TENTH STREET
GREELEY, CO 80631
ATTN: CLERK TO THE BOARD
RE: ITIS-741345
RE OUR L/C ITIS-741345 IN YOUR FAVOR FOR THE ACCOUNT OF NORTHERN COLORADO
DISPOSAL
IN ACCORDANCE WITH THE TERMS OF THE ABOVE REFERENCED LETTER OF
CREDIT, THE PURPOSE OF THIS LETTER IS TO NOTIFY YOU THAT THIS
LETTER OF CREDIT WILL NOT BE AUTOMATICALLY EXTENDED FOR ANY
ADDITIONAL PERIODS. THEREFORE, THIS LETTER OF CREDIT WILL EXPIRE
ON ITS CURRENT EXPIRY DATE OF SEPTEMBER 01, 2010.
ALL CORRESPONDENCE AND ANY DRAWINGS PRESENTED ARE TO BE DIRECTED
TO OUR OFFICE AT:
300 S. RIVERSIDE PLAZA, MAIL CODE: IL1-0236 , CHICAGO, IL 60606-0236
ATTENTION: STANDBY LETTER OF CREDIT DEPARTMENT.
CUSTOMER INQUIRY NUMBERS ARE 1-800-634-1969 CHOOSE OPTION NUMBER 1.
THIS IS A COMPUTER GENERATED ADVICE AND NO AUTHORIZED SIGNATURE IS
REQUIRED.
141841 Melia Rodriguez
Page 1 of I
JPMorganChase
JPMorgan Chase Bank, N.A.
Global Trade Services
300 South Riverside Plaza
Mail Code ILI-0236
Chicago, IL 60606-0236
SEP 7, 2010
OUR L/C NO.: ITIS-741345
AMENDMENT NO.: 1
TO:
BOARD OF COUNTY COMMISSIONERS OF
WELD COUNTY, COLORADO
915 TENTH STREET
GREELEY, CO 80631
ATTN: CLERK TO THE BOARD
APPLICANT:
NORTHERN COLORADO DISPOSAL
337 E 8TH STREET
GREELEY, CO 80631
IN ACCORDANCE WITH INSTRUCTIONS RECEIVED, THE ABOVE REFERENCED STANDBY
LETTER OF CREDIT HAS BEEN AMENDED AS FOLLOWS:
RECEIVER'S REFERENCE: NONREF
NEW DATE OF EXPIRY: SEPTEMBER 1, 2011
WE HEREBY RESCIND OUR PREVIOUS NOTICE OF OUR ELECTION NOT TO EXTEND THIS
LETTER OF CREDIT. THEREFORE, IN ACCORDANCE WITH THE TERMS AND CONDITIONS
HEREOF, THE EXPIRATION DATE HAS BEEN AUTOMATICALLY EXTENDED TO THE NEW
DATE OF EXPIRY INDICATED ABOVE AND THE AUTOMATIC EXTENSION PROVISION AS
CONTAINED IN THIS LETTER OF CREDIT REMAINS IN FULL FORCE AND EFFECT.
SHOULD YOU HAVE ANY QUESTIONS RELATIVE TO THIS CORRESPONDENCE, PLEASE
CONTACT OUR CUSTOMER SERVICE UNIT AT (800) 634-1969, OPTION 1, AND HAVE
THE LETTER OF CREDIT NUMBER AVAILABLE.
183304 Ofelia Rodriguez
TO-
Pagelof2
JPMorganChase 0
JPMorgan Chase Bank, N.A.
Global Trade Services
300 South Riverside Plaza
Mail Code ILI-0236
Chicago, IL 60606-0236
SEP 7, 2010
OUR L/C NO.: ITIS-741345
AMENDMENT NO.: 1
ALL OTHER TERMS AND CONDITIONS OF THE CREDIT REMAIN UNCHANGED.
AUTHORIZED SIGNArLURE
183304 Ofelia Rodriguez
Page2a2 of 2
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