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Home My WebLink About20093016.tiff798 RESOLUTION RE: APPROVE CANCELLATION AND RELEASE OF COLLATERAL FOR SITE PLAN REVIEW, SPR #314 - T.S. SKYWAY, 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 January 7, 2000, the Department of Planning Services staff approved the application of T.S. Skyway, LLC, 1232 Boston Avenue, Longmont, Colorado 80501, on the following described real estate, to wit: Lots 2 and 3, Block 3, Vista Commercial Center, itself a part of the Richardson Planned Unit Development, Phase 1; a part of the S1/2 of Section 5, and the N1/2 of Section 8, all in Township 2 North, Range 68 West of the 6th P.M., Weld County, Colorado, and WHEREAS, on February 16, 2000, the Board of County Commissioners of Weld County, Colorado, approved an Improvements Agreement According to Policy Regarding Collateral for Improvements for The Skyway Commercial Center, between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and T.S. Skyway, LLC, with terms and conditions being as stated in said agreement, and accepted Irrevocable Letter of Credit #383, drawn on the First National Bank of Longmont, 401 Main Street, P.O. Box 1159, Longmont, Colorado 80502-1159, in the amount of $223,911.00, and WHEREAS, on December 6, 2000, the Board approved a partial release of collateral in the amount of $168,911.00, and retaining $55,000.00, and WHEREAS, staff from the Weld County Departments of Public Works and Planning Services have conducted a visual inspection and, along with the Weld County Attorney, recommend release of said collateral. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that Irrevocable Letter of Credit #383, drawn on the First National Bank of Longmont, in the amount of $55,000.00 be, and hereby is, canceled and released. BE IT FURTHER RESOLVED by the Board that the Clerk to the Board be, and hereby is, directed to return said collateral to the appropriate issuing party. 1 11111111111 111111 11III1 II 111111 1111111 III 11111 II1I 1111 2009-3016 PL1384 3661798 11/25/2009 11:10A Weld County, CO 1 of 2 R 0.00 D 0.00 Steve Moreno Clerk & Recorder CC': ; ,ity k CANCEL COLLATERAL - T.S. SKYWAY, LLC PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 16th day of November, A.D., 2009. BOARD OF COUNTY COMMISSIONERS WELD COUNLORADO ji ATTEST Weld County Clerk to th BY: Cdd(f1GLL ca Deputy Clerk to the Board APP ETAS TQ-s / /County Attorney Date of signature: //// 7/19 I 11111111111111 %\\%\t 1111111111 \%%\ IIIIIII2 11125eld County, CO R 0 00120 0011:10 S eve Moreno Clerk & R 2 of ecorder 7 illiam F. •arc r 4-> Douglas "ademacher, Pro-Tem Sean P. Conway EXCUSED Barbara Kirkmeyer EXCUSED David E. Long 2009-3016 PL1384 -o Optr COLORADO MEMORANDUM TO: Board of County Commissioners DATE: November 9, 2009 FROM: Kim Ogle, Planning Services =v - SUBJECT: Skyway Commercial Center T.S. Skyway LLC SPR 314 Irrevocable Letter of Credit #383 First National Bank of Longmont Staff from the Department of Public Works conducted a field inspection in September 2009 and determined that the property was in compliance with all transportation elements; and the Department of Planning Services inspected the site on May 5, 2009 and October 2009 and determined that all non -transportation related items had been completed and were acceptable. The Weld County Attorney, the Department of Public Works and the Department of Planning Services, have determined that Irrevocable Letter of Credit #383 from First National Bank of Longmont for the Skyway Commercial Center do T.S. Skyway LLC may be released in full. 2009-3016 fern 111k COLORADO TO: DATE: FROM: SUBJECT: MEMORANDUM Board of County Commissioners November 9, 2009 Kim Ogle, Planning Services Baldridge PUD, First Filing Irrevocable Letter of Credit #628 Western National Banks, Colorado Springs Case number S-315 Staff from the Departments of Public Works and Planning Services request the release of Irrevocable Letter of Credit #628, from Western National Banks of Colorado Springs for the Baldridge PUD, First Filing. The Weld County Attorney, the Department of Public Works and the Department of Planning Services, requests your approval. MEMORANDUM COLORADO TO: Board of County Commissioners DATE: November 9, 2009 FROM: Kim Ogle, Planning ServicesL; , SUBJECT: West Hill -N -Park Fourth Filing Letter of Credit #141, Independent Bank of Greeley Case Number S-381 Staff from the Department of Planning Services inspected the site in September 2009 and determined that all non -transportation related items had been completed and were acceptable. The Weld County Attorney, the Department of Public Works and the Department of Planning Services, have determined that Letter of Credit #141 from the Independent Bank of Greeley for the Fourth Filing of West Hill -N -Park may be released in full. MEMORANDUM COLORADO TO: Board of County Commissioners DATE: November 9, 2009 c. FROM: Kim Ogle, Planning Servicesk . SUBJECT: Greenlight Energy, Inc. Wind Monitoring Towers Performance Guarantee Representatives with the Department of Public Works and Planning Services have determined that the monies held in the Clerk to the Board's Trust Fund may be released in full to the applicant as the conditions of approval per the agreement between Weld County and Greenlight Energy, Inc. have been met. ett WIWDe. COLORADO November 18, 2009 T.S. SKYWAY, LLC 1232 BOSTON AVENUE LONGMONT CO 80501 CLERK TO THE BOARD PHONE (970) 336-7215, Ext. 4225 FAX: (970) 352-0242 P. O. BOX 758 GREELEY, COLORADO 80632 RE: Cancellation and release of Collateral for T.S. Skyway, LLC To Whom it may Concern: On November 16, 2009, the Board of County Commissioners approved the cancellation and release of collateral for T.S. Skyway, LLC, in the amount of $55,000.00, as referenced above. 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. 383 for $223,911.00 has been returned to Guaranty Bank and Trust. 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. Bechier Deputy Clerk to the Board CLERK TO THE BOARD PHONE (970) 336-7215, Ext. 4225 FAX: (970) 352-0242 P. O. BOX 758 GREELEY, COLORADO 80632 COLORADO November 18, 2009 ATTN: TOM HORNBACHER GUARANTY BANK AND TRUST 1331 17T" STREET DENVER, COLORADO 80202 RE: Cancellation and release of Collateral — T.S. Skyway, LLC Mr. Hornbacher: Attached hereto please find the Board of County Commissioners Resolution releasing the collateral for T.S. Skyway, LLC, in the amount of $55,000.00, and the original Irrevocable Letter of Credit No. 383, issued by First National Bank of Longmont, in the amount of $223,911.00. 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: Donna J. Bec er, Deputy Clerk to the Board FIRST NATIONAL BANK OF LONGMONT 401 MAIN STREET P O BOX 1159 LONGMONT, CO 80502-1159 IRREVOCABLE LETTER OF CREDIT NO. 383 Board of County Commissioners ATTN: Clerk to the Board P O Box 758 Greeley, CO 80632 Dear Commissioners: dP4 C°Id • a e0, del, Co+,6yd,IN o & ssr°Ord o e ty er 1 G Cot • to 7 drd C1 We, First National Bank of Longmont, 401 Main Street, Longmont, CO 80501 this 11th day of February, 2000, hereby authorize you to draw on us for account of T. S. Skyway, LLC up to an aggregate amount of U.S. Dollars Two Hundred Twenty -Three Thousand Nine Hundred Eleven and no/100 Dollars ($223,911.00) such amount not available except by your drafts at sight accompanied by certification of Weld County that the applicant failed to complete the improvements as described in "Exhibit A" dated February 9, 2000 regarding The Skyway Commercial Center, Lots 2 and 3, Block 3 of Vista Commercial Center, Filing I a part of Richardson P.U.D., Phase 1, Weld County, Colorado, for the incomplete public improvements. I have attached a copy of that "Exhibit A" for your reference. We hereby further agree that: (a) Drafts under and in compliance with the terms of this Irrevocable Letter of Credit will be duly honored if presented at our office at 401 Main Street, Longmont, Colorado, on or before May 10, 2001. (b) Funds available under this Irrevocable Letter of Credit may be drawn in such amounts and at such times as determined by Weld County in their discretion, provided that the amount drawn shall not exceed the aggregate amount specified herein. (c) We shall have no right, duty, obligation, or responsibility to evaluate the performance or non-performance of the underlying contract between our customer and the beneficiary of this credit. (d) The amount of any draft hereunder must be endorsed on the reverse side hereof. All drafts must be marked drawn under "Irrevocable Letter of Credit #383 T. S. Skyway, LLC". Said draft must contain the exact description of the improvements as described in the attached "Exhibit A" that have not been completed and the dollar amount for the completion of these improvements per Weld County. This Letter of Credit is automatically extended without amendment for additional one year periods from the current expiration or any future expiration date unless 60 days prior to such current expiration date FIRST NATIONAL BANK OF LONGMONT notifies beneficiary in writing that this Letter of Credit will not be renewed. In the case you receive such a notification, you may draw by presentation of the following: (a) a draft at sight on FIRST NATIONAL BANK OF LONGMONT; (b) a statement purportedly signed by an official of the Board of County Commissioners of Weld County, Colorado stating that we have received notice from FIRST NATIONAL BANK OF LONGMONT the Letter of Credit No. 383 will not be renewed and that T. S. Skyway, LLC has failed to provide proof of adequate collateral and substitution of this Letter of Credit No. 383; (c) copy of letter from FIRST NATIONAL BANK OF LONGMONT stating non - renewal of Letter of Credit No.383 and the original letter of credit. Dated this 11th day of February, 2000. First National Bank of Longmont 0,/ tit.c-± El Charles E. Allen, Jr., Vice President 00%-Ov 5 pz. /3 ri Banks in Longmont CO - List of Longmont Bank Branchs Page 1 of 2 151 Ghrtrka I Premium Sponsored Results Banks in Longmont CO - List of Longmont Bank Branchs g Bank of the West 1610 Hover Street, Longmont, CO 80501 Bank of the West 840 23rd Avenue, Longmont, CO 80501 C Centennial Bank of the West 3561 Stagecoach Road, Longmont, CO 80504 Centennial Bank of the West 2101 Main St., Longmont, Co 80501 Centennial Bank of the West 401 Main Street, longmont, Co 80501 / entennia an o e Wes 1250 South Hover Road, Longmont, CO 80501'/ Centennial Bank of the West 1650 Pace Street, Longmont, CO 80501 y Commercial Federal Bank 700 5th Avenue, Longmont, CO 80501 I�/.LQi`�C�'i1JT Compass Bank 1849 North Main Street, I ongniont, CO 80501 F en a Nearby Towns & Cities Niwot Banks 5.70 Miles Erie Banks 8.54 Miles .......................:............... Firestone Banks 9.52 Miles Lyons Banks 9.80 Miles Berthoud Banks 9.82 Miles rick._Banks l Iles Dacono Banks 10.32 Miles Lafayette Banks 12.03 Miles Louisville Banks 13.20 Miles Boulder Banks First National Bank of Colorado 915 South Hovcr Street, Longmont. CO 80501 13.80 Miles First State Bank N.M. 600 Kimbark Street, Longmont, CO 80501 e��`�„�/ n��Dyj� �Q�/ i j/�� Jb� FirstBank of Longmont 1707 North Main Street, Longmont, CO 80501 ei! YA ( / FirstBank of Longmont 1270 South Hover Road, I.on9mont, CO 80501 6E Yid 2-t Nearest Financial Cent FirstBank of Longmont 1611 Pace Street, Longmont, Co 80501 9' ,1 (Population 1 G Guaranty Bank and Trust Company 900 S. Main Street, Lon H Heritage Bank 2333 North Main Street, Longmont, CO 80501 Heritage Bank 6800 N. 19th Street, Suite 103, Longmont, CO 8050;01 very (gyp BQaoo� Horizon Banks 601 South Main Street, Longmont, CO 80501 Horizon Banks 1700 Kylie Drive Suite 200, Longmont, CO 80501 J JPMorgan Chase Bank 1750 N. Main Street, Longmont, co 80501 JPMorgan Chase Bank 1111 South Hover, Longmont, CO 80501 K Keybank National Association 2361 Clover Basin Drive, Longmont, CO 80503 L Liberty Savings Bank 351 Coffman, I ongmont, CO 80501 U U.S. Bank National Association 995 South Hover, I ongmont, CO 80501 U.S. Bank National Association 825 Coffman, Longmont, co 80501 U.S. Bank National Association 436 Coltman, Longmont, CO 80501 V Valley Bank and Trust 2001 North Main Street, Longmont, CO 80501 Vectra Bank Colorado 2011 Ken Pratt Boulevard, Longmont, CO 80501 7bm . D.rnbAestminster Banks mont, CO 80501 23.1 Miles rvada Banks nX' - R.51 A 25.2 Miles Ft Collins Banks 28.9 Miles ..................... .....:... :....... . Denver Banks 30.3 Miles Lakewood Banks 32.0 Miles Aurora Banks :3.3.5 Miles Colorado Springs..Banks 93.4 Miles Pueblo Banks 134.9 Miles Provo Banks 346.3 Miles ........i....Banks Lake City 359.5 Miles http://www.usabancshares.com/branch/co/longmont.htm 11/18/2009 Hello