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HomeMy WebLinkAbout20010818.tiff RESOLUTION RE: APPROVE IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS AND ACCEPT FORM OF COLLATERAL FOR SITE PLAN REVIEW#315 - KEN WILLIAMSON, DBA KING'S COURT PROPERTIES, LLLP 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 February 4, 2000, the Department of Planning Services staff did approve a Site Plan, SPR #315, for Ken Williamson, dba King's Court Properties, LLLP, 14504 1-25 Frontage Road, Longmont, Colorado 80504, for a Recreational Vehicle Sales Lot on the following described real estate, to-wit: Lot 12, Block 2, Amended Plat of Rademacher Business Park Planned Unit Development; located in the NW1/4 of Section 23, Township 3 North, Range 68 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 Ken Williamson, dba King's Court Properties, LLLP, with terms and conditions being as stated in said agreement, and WHEREAS, the Board has been presented with Irrevocable Standby Letter of Credit #S407521 from Norwest Bank Minnesota, N.A. (Wells Fargo Bank), 109 South 7th Street, Minneapolis, MN 55402, in the amount of$10,000.00, as well as an amendment in the amount of$14,715.00, and WHEREAS, after review, the Board deems it advisable to approve said agreement and accept said Irrevocable Standby Letter of Credit and Amendment 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 Ken Williamson, dba King's Court Properties, LLLP, be, and hereby is, approved. 2001-0818 PL1452 PC', Pt, Pw , k IMPROVEMENTS AGREEMENT - KEN WILLIAMSON, DBA KING'S COURT PROPERTIES, LLLP (SPR#315) PAGE 2 BE IT FURTHER RESOLVED that Irrevocable Standby Letter of Credit#S407521 from Norwest Bank Minnesota, N.A. (Wells Fargo Bank), 109 South 7th Street, Minneapolis, MN 55402, in the amount of$10,000.00, as well as an amendment to said Irrevocable Standby Letter of Credit#S407521 in the amount of$14,715.00, be and hereby are, accepted. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 9th day of April, A.D., 2001. BOARD OF COUNTY COMMISSIONERS /1 l,s40"� WELD COU TY, COLORADO �g ATTEST: Inculd (/ J. eile, C air Weld County Clerk to the :ea ' ( -i$ 4I ��p ,o � �J �p � j ,�• • Glenn d, m BY: ic v,� , moo. !- .�/E; H°�' Deputy Clerk to the Board s I✓✓ e Willi . Jerke APP D AS ORM: David E. Long unty Attorn y EXCUSED DATE OF SIGNI G (AYE) Robert D. Masden 2001-0818 PL1452 ` IMPROVEMENTS AGREEMENT ACCORDING TO J POLICY REGARDING COLLATERAL FOR IMPROVEMENTS THIS AGREEMENT, made and entered into this 9th day of April , 2001 by and between the County of Weld, State of Colorado, acting through its Board of County Commissioners, hereinafter called"County", and Kings Court Properties, LLLP, a Colorado Limited Liability Limited Partnership,hereinafter called "Applicant". WITNESSETH: WHEREAS, Applicant is the owner of the following described property in the County of Weld, State of Colorado: Lot 12, Block 2,Amended Plat of Rademacher Business Park P.U.D.; WHEREAS, a Site Plan Review for use of the above referenced property as a recreational vehicle sales lot has been submitted to the County for approval and approved by administrative review conditioned upon the Site Plan Review Plat being amended as required and required notes being inserted therein and further conditioned upon the execution of this Agreement guaranteeing the construction of several of the improvements shown on the plans, plats and supporting documents for the property, which improvements, along with a time schedule for completion, are listed in Exhibits"A" and"B"of this Agreement. NOW,THEREFORE,IN CONSIDERATION OF the foregoing and of the acceptance and approval of Site Plan Review Plat and other terms and conditions herein, the parties hereto promise, covenant and agree as follows: 1.0 Engineering Services: Applicant shall furnish, at its own expense, all engineering services in connection with the design and construction of the subdivision improvements shown on the Site Plan Review. The asterisked improvements costs shown on Exhibit "A"which is attached hereto and made a part hereof by this reference are"public" improvements subject to being collateralized as hereinafter set forth and the completion date of such improvements is shown on the cost breakdown attached as Exhibit"B". 1.1 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. 1.2 The required engineering services shall consist of, but not be limited to, surveys, designs, plans, profiles, estimates, construction supervision, and the submission of necessary documents to the County. 1.3 Applicant shall furnish drawings and cost estimates for roads withing the Subdivision or Planned Unit Development to the County for approval prior to the letting of any construction contract. Applicant shall furnish one set of reproducible"as-built"drawings and a final statement of construction cost to the County. 2.0 Construction: Applicant shall furnish and install, at its own expense, the Subdivision or Planned Unit Development improvements listed on Exhibit"A", which is attached hereto and incorporated herein by reference, according to the construction schedule set out in Exhibit"B"which is also attached hereto and incorporated herein by reference. 111111D 11111 1111111 11111 11111 III 1111111 111 111111111 IIII 2843305 04/25/2001 02:08P JA Suki Tsukamoto 1 of 9 R 0.00 D 0.00 Weld County CO • 2.1 Said construction shall be in strict conformance to the plans and drawings approved by the County and the specifications adopted by the County for such public improvements. Whenever a Subdivision or Planned Unit Development is proposed within three miles of an incorporated community located in Weld County or located in any adjacent county, the Applicant shall be required to install improvements in accordance with the requirement s and standards that would exist if the plat were developed within the corporate limits of that community. If the incorporated community has not adopted such requirements and standards at the time the Subdivision or Planned Unit Development is proposed, the requirements and standards of the County shall be adhered to. If both the incorporated community and the County have requirements and standards, those requirements and standards that are more restrictive apply. 2.2 Applicant shall employ, at its own expense, a qualified testing company previously approved by the County to perform all testing of materials or construction that is required by the County; and shall furnish copies of test results to the County. 2.3 At all times during said construction,the County shall have the right to test and inspect, or to require testing and inspection of materials and work at Applicant'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 Applicant's expense. 2.4 Applicant shall furnish proof that proper arrangements have been made for the installation of sanitary sewer or septic systems,water, gas, electric and telephone services. 2.5 Said Subdivision or Planned Unit Development improvements shall be completed, according to the terms of the 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 shown on Exhibit"B" upon application by the Applicant subject to the terms of Section 6 herein. 3.0 Release of Liability: Applicant shall indemnify and hold harmless the County from any and all liability, loss, damage and expense the 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 reasonable expenses and attorney fees incurred by the County in defending such suit, action or claim whether the liability, loss or damage is caused by, or arises out of 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 conformance with the laws and regulations of the State of Colorado governing occupational safety and health. 2 1 11111 1111 111111 11111 1111 III 1111111 III 1111 1111 1111 2843305 04/25/2001 02:08P JA Suld Tsukamoto 2 of 9 R 0.00 0 0.00 Weld County CO 4.0 General Requirements for Collateral: 4.1 The value of collateral submitted to Weld County must be equivalent to One-Hundred percent(100%) of the value of the improvements as shown in this Agreement. Prior to Site Plan Review Plat approval, the applicant shall indicate which of the five types of collateral preferred to be utilized to secure the improvements subject to the final approval by the Board of County Commissioners and the execution of this Agreement. Acceptable collateral shall be submitted and the plat recorded within six(6)months of the Site Plan Review Plat approval and all preliminary approvals shall automatically expire. Applicant may request that the County extend the Site Plan Review Plat approval provided the cost estimates are updated and the development plans are revised to comply with all current County standards,policies and regulations. The improvements shall be completed within one(11 year after the Site Plan Review Plat approval(not one year after acceptable collateral is submitted)unless the applicant(s)requests that this Agreement be renewed at least thirty(30)days prior to its expiration and further provides that cost estimates for the remaining improvements are updated and collateral is provided in the amount of One- Hundred percent(100%1 of the value of the improvements remaining to be completed. If improvements are not completed and the agreement not renewed within these time frames,the County, at its discretion, may make demand on all or a portion of the collateral and take steps to see that the improvements are made. 4.2 The applicant intends to develop in accordance with e Exhibits"A" and"B". 5.0 Improvements Guarantee: The type of collateral listed below is acceptable to Weld County subject to final approval by the Board of County Commissioners. 5.1 An irrevocable Letter of Credit from a Federal or State licensed financial institution on a form approved by Weld County. The Letter of Credit shall state at least the following: 5.1.1 The Letter of Credit shall be in a n amount equivalent to One-Hundred percent (100%)of the total value of the asterisked improvements as set forth in Exhibits "A"and"B". 5.1.2 The Letter of Credit shall provide for payment upon demand to Weld County if the developer has not performed the obligations specified in the Improvement Agreement and the issuer has been notified of such default. 5.1.3 The applicant may draw from the Letter of Credit in accordance with the provisions of this policy. 5.1.4 The issuer of the Letter of Credit shall guarantee that at all times the unreleased portion of the Letter of Credit shall be equal to a minimum of One-Hundred percent(100%)of the estimated costs of completing the uncompleted portions of the required improvements,based on inspections of the development by the issuer. In no case shall disbursement for a general improvement item exceed the cost estimate in the Improvements Agreement(i.e., streets, sewers, water mains and landscaping, etc.). The issuer of the Letter of Credit will sign the Improvements Agreement acknowledging the agreement and its cost estimates. 3 I IIIIIIVIII din I'111VIIIIII1111111III "IIIIIIIIIII 2843305 04/25/2001 02:08P JA Suki Tsukamoto 3 of 9 R 0.00 D 0.00 Weld County CO 5.1.5 The Letter of Credit shall specify that fifteen percent(15%)of the total Letter of Credit amount cannot be drawn upon and will remain available to Weld County until released by Weld County. 5.1.6 The Letter of Credit shall specify that the date of proposed expiration of the Letter of Credit shall be either the date of release by Weld County of the final fifteen percent(15%), or one year from the date of Site Plan Review Plat approval, whichever occurs first. Said Letter shall stipulate that, in any event, the 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. 6.0 Request for Release of Collateral: Prior to release of the collateral for the entire project or for a portion of the project by Weld County,the Applicant must present a Statement of Substantial Compliance from an Engineer registered in Colorado that the project or a portion of the project has been completed in substantial compliance with the approved plans and specifications documenting the following: 6.1 The Engineer or his representative has made regular on-site inspections during the course of construction and that the construction plans utilized are the same as those approved by Weld County. 6.2 Test results must be submitted for all phases of this project as per Colorado Department of Transportation Schedule for minimum materials sampling, testing and inspections found in the Colorado Department of Transportation(CDOT)Materials Manual. 6.3 "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 approval from the County Engineer. 6.4 The Statement 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. 6.5 A letter must be submitted from the appropriate Fire Authority indicating the fire hydrants are in place in accordance with the approved plans. The letter shall indicate if the fire hydrants are operational and state the results of fire flow tests. 6.6 The requirements in paragraphs 6.0 thru 6.5 shall be noted on the final construction plans. 6.7 Following the submittal of the Statement of Substantial Compliance and recommendation of approval of the streets by the County,the applicant(s)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. 4 1 111111 11111 1111111 11111 11111 1111111111111 11111 I I I1 I I I1 2843305 04/25/2001 02:08P JA Suki Tsukamoto 4 of 9 R 0.00 0 0.00 Weld County CO • 6.8 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 the Agreement excluding improvements fully accepted for maintenance by the responsible governmental entity, special district or utility company. 6.9 The warranty collateral shall be released to the applicant upon final approval by the Board of County Commissioner. 7.0 Successors and Assigns: This Agreement shall be binding upon the heirs, executors,personal representatives, successors and assigns of the Applicant, and upon recording by the County, shall be deemed a covenant running with the land herein described, and shall be binding upon the successors in ownership of said land. IN WITNESS WHEREOF, the parties hereto have caused this Improvements Agreement to be executed on the day and year first above written. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ttb../' M. J./Geile, Chair (04/09/2001) 1E,L/A, Glenn Vaad, Cha3r�rotem ATTEST: jatet f 1 �J t 1861 (( =lV• iggi=; _ ! /l. e Weld County Clerk to the B� w � Wil H. Jerke BY: • �� J., � Deputy Clerk to the Board David E. Long Robert D. Masden APPROVED AS TO FORM: unty orn APPLICANT' gs Court Pr rties,LLLP enneth A. Williamson, General Partner 5 1 11111 ill 1111111 11111 III IIIII 1 III 11111 IIII till 25 843305 of 9 R 0.00 0.00 0.00 001 02:08P ukamato Weld County CO • Subscribed and sworn to before me tbise-2-g day of `mil` " Ye/eV My commission expires: O_6-:67.7-,24-167 f PWLK1orld10 �c� Gam/ CONIMINN siu o o w Notary Public Cr 6 1111111 III 1111111 11111 II III 1111111 III III 1111 IIII 2843305 04/25/2001 02:08P JA Suki Tsukamoto 6 of 9 R 0.00 D 0.00 Weld County CO • EXHIBIT"B" Name of Subdivision: Amended Plat of Rademacher Business Park Final P.U.D. Location: Lot 12. Block 2:N.W. 1/4 Sec. 23, T. 3N., R. 68W. Weld County. CO Intending to be legally bound, the undersigned Applicant hereby agrees to provide the improvements shown on the Site Plan Review Plat according to the following schedule: All improvements shall be completed within 1 year from the date of approval of the Site Plan Review Plat Construction of the improvements listed in Exhibit"A" shall be completed as follows: Improvements Time for Completion Grading, Site Completed Base. Site September 1. 2001 Paving. Site September 15. 2001 Curbs. gutters,&culverts September 15. 2001 Storm sewer facilities September 15, 2001 Retention ponds Completed Water mains-Includes Bore Completed Fire hydrants September 10, 2001 Lighting. Site October 10. 2001 Fencing requirements October 15, 2001 Landscaping October 20. 2001 Grass Lined Swale October 10,2001 The County, at its option, and upon the request by Applicant,may grant an extension of time for completion for any particular improvements shown above, upon a showing by Applicant that the above schedule cannot be met. APPLICAN : Kings Court Properties, LLLP B ' 4 H 413 Date: 3 .a 3 " I)/ , 2001 enneth A. Williamson, General Partner 7 1111111 VIII 111111111111 VIII III 1111111 III VIII 1111IIII 2843305 04/25/2001 02:08P JA Suki Tsukamoto 7 of 9 R 0.00 D 0.00 Weld County CO EXHIBIT"A" Name of Subdivision: Amended Plat of Rademacher Business Park Final P.U.D. Location: Lot 12,Block 2:N.W. 1/4 Sec. 23. T. 3N.,R. 68W. Weld County, CO Intending to be legally bound, the undersigned Applicant hereby agrees to provide the improvements shown on the Site Plan Review Plat according to the following schedule: All improvements shall be completed within 1 year from the date of approval of the Site Plan Review Plat Estimated Improvements Unit Cost Construction Cost Grading, Site $2,000 LS $2,000.00 Base. Site $ 8 TON 81,900.00 Paving, Site $ 26 TON 92,950.00 Curbs, gutters. &culverts $ 25 LF 5,000.00 Storm sewer facilities $2,500 LS 2.500.00* Retention ponds $1,500 LS 1.500.00* Water mains -Includes Bore $ 12 LF 4,200.00* Fire hydrants $2.500 EA 5,000.00* Lighting, Site $2,500 EA Pole 35,000.00 Fencing requirements $ 15 LF 30,000.00 Landscaping $10,000 LS 10,000.00* Grass Lined Swale $ 3 LF 1,515.00* SUB-TOTAL $271,565.00 8 1111111111111111111I111111111 ��� 1111111 ��� 11111IIII1111 2843305 04/25/2001 02:08P JA Suki Tsukamoto 8 of 9 R 0.00 D 0.00 Weld County CO Engineering and Supervision Costs: $14,000.00 (testing inspection, as-built plans and work in addition to preliminary and Site Plan Review Plat; supervision of actual construction by contractors) TOTAL ESTIMATED COST OF IMPROVEMENTS AND SUPERVISION: $285,565.00 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". APPLICANT- Kings Court Properties, LLLP BY- • Date: 3 a3 , 2001 enneth A. Williamson,General Partner HIED "III 11111111111111111N IIIII Ill 1111111 III III liII Till 2843305 04/25/2001 02:08P JA Suki Tsukamoto 9 of 9 R 0.00 D 0.00 Weld County CO MEMORANDUI ': Wi`,P c. To: Board of County Commissioners Dafe ivi l 222011 2: 3r COLORADO From: Kim Ogle, Planner I I , RFC' , h RFC' . Subject: Ken Williamson, d.b.a. King's Court Properties, LLLP Acceptance of Irrevocable Letter of Credit Site Plan Review 315 The Weld County Attorney's office approved the form of an Irrevocable Letter of Credit, April 2, 2001 for Ken Williamson, d.b.a. King's Court Properties, LLLP for the construction of an outdoor Recreational Vehicle Sales facility, case number SPR-315, in the amount of ten thousand dollars and no/100s ($10,000.00) and the supplemental Letter of Credit for fourteen thousand seven hundred fifteen dollars and no/100s ($14,715.00). This is an amendment to Letter of Credit number NVS373146. The items covered under this letter of credit are for the transportation portion, including drainage and utility improvements. Landscape improvements were addressed under the first Letter of Credit. The Departments of Public Works and Planning Services' have determined that the amount of the agreement will be sufficient to complete the work required for the outdoor Recreational Vehicle Sales facility as follows: Unit Cost Total Cost of Improvement Standby Letter of Credit S407521 Landscape Improvements 10,000.00 Amended Letter of Credit NVS373146 Grass-lined Swale 3./ L.F. 1,515.00 Storm Sewer Facilities 2,500./ L.S. 2,500.00 Retention Ponds 1,500./ L.S. 1,500.00 Water Mains 12./ L.F. 4,200.00 Fire Hydrants 2,500. each 5,000.00 Total Estimated Cost of Improvements and Supervision $ 24,715.00 The Weld County Attorney, the Department of Public Works and the Department of Planning Services, have determined that the amount of the agreement will be sufficient to complete the work required for the outdoor Recreational Vehicle Sales facility for Ken Williamson, d.b.a. King's Court Properties, LLLP and the Department of Planning Services recommends acceptance of this Letter. SERVICE,TEAMWORK,INTEGRITY,QUALITY 2001-0818 Operations Group `,,,>�.,._--..,...—._._..,......... ,,.K..,.} 445414 ORIGIML Northern California 525 Markel Street, 25th Floor WF7.TAFARGO BANK San Francisco, CA 94105 } NORWEST BANK MINNESOTA, NATIONAL ASSOCIATION ROANOKE BUILDING, FIFTH FLOOR, 109 SOUTH 7TH STREET MINNEAPOLIS, MN 55402 TELEX NUMBER 6734665 SWIFT ADDRESS: NWNBUS44 TELEPHONE 1-800-553-3769 MARCH 10, 2000 THIS COPY IS A 2ND ORIGINAL OF TO BENEFICIARY: THE LETTER OF CREDIT NO. S407521 WELD COUNTY COMMISSIONERS WHICH WAS ISSUED BY NORWEST BANK 915 10TH ST MINNESOTA, NATIONAL ASSOCIATION GREELY, CO 80631 DATED MARCH 10, 2000 . ATTN: ASST. COUNTY ATTORNEY WELLS FARGO BANK REF: NVS373146 LEE MORRISON ACCOUNT PARTY: KINGS COURT PROPERTIES, LLLP 14504 I-25 FRONTAGE RD LONGMONT, CO 80504 WE OPEN IRREVOCABLE STANDBY LETTER OF CREDIT NUMBER S407521 IN THE AMOUNT OF 10, 000 . 00 USD ( TEN THOUSAND AND 00/100 U.S . DOLLARS) IN FAVOR OF YOURSELVES EXPIRES MARCH 15, 2001 AT OUR COUNTERS AVAILABLE AGAINST DRAFTS DRAWN AT SIGHT ON NORWEST BANK MINNESOTA N.A. MINNEAPOLIS, MINNESOTA, BEARING THE CLAUSE: "DRAWN UNDER STANDBY LETTER OF CREDIT NUMBER S407521 OF NORWEST BANK MINNESOTA N.A. " ACCOMPANIED BY THE FOLLOWING DOCUMENT (S) : 1 . BENEFICIARY'S SIGNED STATEMENT READING: "WE ARE DRAWING AGAINST STANDBY LETTER OF CREDIT NUMBER S407521 AS FUNDS ARE REQUIRED TO FULFILL LANDSCAPING AGREEMENT. " PAYMENT WILL BE MADE AT THE COUNTERS OF NORWEST BANK MINNESOTA, NATIONAL ASSOCIATION. • THIS CREDIT IS SUBJECT TO THE UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDITS (1993 REVISION) INTERNATIONAL CHAMBER OF COMMERCE PUBLICATION NO. 500 . UNLESS OTHERWISE STATED, ALL DOCUMENTS ARE TO BE FORWARDED TO *** CONTINUED ON NEXT PAGE *** Original Operations Group SSW �.*' Northern California r M��^ 525 Franci Street, 94th Floor WIi''T.T R T' O BANK i ORIGINAL San Francisco, CA 94105 OUR REF. NO. S407521 PAGE 2 US BY OVERNIGHT COURIER OR HAND DELIVERED TO OUR COUNTERS AT: NORWEST BANK MINNESOTA, N.A. ROANOKE BUILDING, FIFTH FLOOR, 109 SOUTH 7TH STREET, MINNEAPOLIS, MN 55402 ATTN: INTERNATIONAL PRODUCT SERVICES, LETTERS OF CREDIT DEPT. CANCELLATION OF LETTER OF CREDIT PRIOR TO EXPIRATION: THIS LETTER OF CREDIT (AND AMENDMENTS, IF ANY) MUST BE RETURNED TO US FOR CANCELLATION WITH A STATEMENT PURPORTEDLY SIGNED BY THE BENEFICIARY STATING THAT THE LETTER OF CREDIT IS NO LONGER REQUIRED AND IS BEING RETURNED TO THE ISSUING BANK FOR CANCELLATION. WE HEREBY ENGAGE WITH BENEFICIARY THAT DOCUMENTS DRAWN IN ACCORDANCE WITH THIS LETTER OF CREDIT WILL BE DULY HONORED UPON PRESENTATION. RWEST BANK. MINOESOTA, TIONAL ASSOCIATION AUTHORIZED SIGNATURE AUTHORIZED SIGNATURE WELLS FARGO BANK, N.A. 1( I5, "lO(i AUTH I SIGNATURE BATED: JANUARY 19 , 2001 Original Operations Group Northern California 525 Market Street, 25th Floor WELLS FARGO BANK San Francisco, CA 94105 PAGE: 1 DATE : MARCH 30 , 2001 AMENDMENT TO CREDIT NO. NVS373146 AMENDMENT NUMBER: 1 APPLICANT : KINGS COURT PROPERTIES, LLLP 14504 I-25 FRONTAGE RD LONGMONT, CO 80504 S407521 BENEFICIARY: WELD COUNTY COMMISSIONERS ATTN: ASST. COUNTY ATTORNEY-LEE MORRISON 915 10TH ST. GREELY, CO 80631 THIS AMENDMENT IS TO BE CONSIDERED AS PART OF THE ABOVE CREDIT AND MUST BE ATTACHED THERETO. THE ABOVE MENTIONED CREDIT IS AMENDED AS FOLLOWS : THE AMOUNT OF THIS CREDIT HAS BEEN INCREASED BY USD 14 , 715 . 00 . THE AMOUNT OF THE CREDIT ISSUED NOW TOTALS USD 24 , 715 . 00 . THE DATE OF EXPIRY IS AMENDED TO: MARCH 15, 2002 . ALL OTHER TERMS UNCHANGED. A HORIZED SIGNATURE PLEASE CONTACT LYNN T. KORN BY TELEPHONE AT 415-396-0497 OR BY FAX AT (415) 284-9453 REGARDING ANY INQUIRIES . Original Hello