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HomeMy WebLinkAbout20010486.tiff 0 l RESOLUTION RE: APPROVE CANCELLATION AND RELEASE OF COLLATERAL AND ACCEPT REPLACEMENT COLLATERAL FOR USE BY SPECIAL REVIEW PERMIT#1217 - FAITH TABERNACLE CHURCH, C/O DANNY PERDEW 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, by Resolution dated January 29, 2001, the Board did approve an Improvements Agreement According to Policy Regarding Collateral for Improvements (Private Road Maintenance) with Faith Tabernacle Church, do Danny Perdew, 13248 Weld County Road 72, Greeley, Colorado 80631, concerning property described as Lots 2, 3, 4, 5, 6, and 7, Block 1, Peterson-Alexander Subdivision; being part of Section 16, Township 5 North, Range 66 West of the 6th P.M., Weld County, Colorado, and WHEREAS, pursuant to said Improvements Agreement, Irrevocable Letter of Credit #000107 from Centennial Bank of the West, 2700 47th Avenue, Greeley, Colorado 80634, in the amount of $13,000.00, was submitted to Weld County, and WHEREAS, Faith Tabernacle Church, c/o Danny Perdew, has presented Irrevocable Letter of Credit#3305708-6001 from Vectra Bank of Colorado, 301 First Street, Kersey, Colorado 80644, in the amount of$13,000.00, to Weld County as replacement collateral, and WHEREAS, the Board of County Commissioners deems it advisable to cancel and release Irrevocable Letter of Credit#000107 from Centennial Bank of the West, 2700 47th Avenue, Greeley, Colorado 80634, and to accept Irrevocable Letter of Credit#3305708-6001 from Vectra Bank of Colorado, 301 First Street, Kersey, CO 80644, in the amount of $13,000.00. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that Irrevocable Letter of Credit#000107 from Centennial Bank of the West, 2700 47th Avenue, Greeley, Colorado 80634, in the amount of$13,000.00, 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. BE IT FURTHER RESOLVED, that Irrevocable Letter of Credit#3305708-6001 from Vectra Bank of Colorado, 301 First Street, Kersey, CO 80644, in the amount of$13,000.00 be, and hereby is, accepted. 1111111111111111111 IIII 111111 III 1111111 III 11111 ill/ IIII 2831016 03/08/2001 01:22P JA Suki Tsukamoto 2001-0486 1 of 2 R 0.00 D 0.00 Weld County CO f� n� ^� � (p� / L p \ PL1325 CP_ . Yi C_kiat;\ cmAo,in„-,%n IY, n Y CANCEL COLLATERAL - FAITH TABERNACLE CHURCH (USR#1217) PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 21st day of February, A.D., 2001. BOARD OF CO NTY COMMISSIONERS Mill ��,�` WELD CC'OU , COLORADO ATTEST: A � A27/ E��Cc/� O:° ��. J. He, hair Weld County Clerk to the :� (. trot CUSED DATE OF SIGNING (AYE) u.� ,+. r 4tlenn Vaad, Pro-Tem BY: Deputy Clerk to the Boar. �' • i It l <VT 1 ee WillierkeC APP V AST F M: ��Jlljj, &si David E. Long ounty Atto ney �� Robert D. Masden 1111111 1111111111111111111111 III 1111111 III 11111 IIII I'll 2831016 03/08/2001 01:22P JA Suki Tsukamoto 2 of 2 R 0.00 D 0.00 Weld County CO 2001-0486 PL1325 w Ammommimm Lin VECTRABACOLNK DO Banking wherever,whenever you like 1RRREVOCABLE LETTER OF CREDIT#3305708-6001 • January 26.2001 • Weld County Planning and Zoning 1555 N. 17th Avenue P.O. Box 1948 Greeley, Co 80631 Re: Completion of Improvements, Faith Tabernacle Church. Inc. Dear Sirs: Vectra Bank Colorado. 301 First Street, Kersey. Co 80644. hereby authorizes you to draw on us for the account of Faith Tabernacle Church,Inc..up to an aggregate amount of THIRTEEN THOUSAND AND NO/100 DOLLARS(813,000.00),such amount not available except by your drafts at sight,and accompanied by certification by the Weld County Planning and Zoning that Faith Tabernacle Church, Inc. failed to complete the installation of improvements for the Faith Tabernacle Church. Inc., Weld County Colorado, in accordance with the Improvement Agreement for Faith Tabernacle Church, Inc. Filing dated .2001, by and between Weld County and Faith Tabernacle Church. Inc..a Colorado Non-Profit Corporation. We hereby further agree that: (a) Drafts drawn under,and in compliance with the terms of this Irrevocable Letter of Credit will be duly honored if presented at our office at 301 First Street,Kersey, Co 80644,on or before January 26.2002,upon which date this Letter of Credit shall expire, (b) Funds available under this Irrevocable Letter of Credit may be drawn in such amounts,and at such times,as determined by the County Planning and Zoning, in his/her sole 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 Faith Tabernacle Church. Inc.and the holder of this Letter of Credit. (d) This Letter of Credit will be reduced to 15%of the face amount($1.950.00)upon acceptance by Weld County of the public improvements required by the Improvement Agreement referred to above. (c) The amount of any draft drawn hereunder must be endorsed on the reverse side hereof. All drafts must be marked"Drawn under Irrevocable Letter of Credit#3305708-6001. Faith Tabernacle Church. Inc." and be accompanied by this original Letter of Credit. Cr 14 V:i 301 First Street•P.O.Box 558•Kersey,Colorado 80644-0558 ttrert 970-356.2265 Member FDIC Irrevocable Letter of Credit#3305708-6001 Weld County Planning and Zoning/Faith Tabernacle Church, Inc. January 26,2001 Page 2 (I) This Letter of Credit shall remain in full force and effect until after the Board has received sixty(60)days written notice from the issuer of the Letter of Credit of the pending expiration. Said notice shall be sent by certified mail to the Clerk to the Board of County Commissioners. This Credit is issued subject to the uniform customs and practice for documentary credits(1993 Revision), International Chamber of Commerce Publication No. 500. Dated this 261'day of January, 2001 Vectra Bank Colorado BY: Ray Takala Vice President/Team Leader Hello