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HomeMy WebLinkAbout20002172.tiff RESOLUTION RE:: APPROVE CANCELLATION AND RELEASE OF COLLATERAL FOR VISTA COMMERCIAL, FIRST FILING - HORIZON INVESTMENTS, 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, by Resolution dated January 15, 1997, the Board did approve the application of Horizon Investments, LLC, 1835 Faith Place, Longmont, Colorado 80501, for a Site Specific Development Plan and Planned Unit Development Final Plan, S #408, First Filing of Vista Commercial Center Subdivision, for a 38-lot subdivision I-1 and C-3 uses on the following described real estate, to wit: A portion of the S1/2 of Section 5, and a portion of the N1/2 of Section 8, both located in Township 2 North, Range 68 West of the 6th P.M., Weld County, Colorado, and WHEREAS, on May 19, 1997, the Board of County Commissioner of Weld County. Colorado, did approve an Improvements Agreement According to Policy Regarding Collateral for Improvements (Publicly Maintained Roads) for Vista Commercial Center Subdivision, First Filing, S #408, between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Horizon Investments, LLC with terms and conditions being as stated in said agreement, and accepted Letter of Credit#349, drawn on the First National Bank of Longmont, 401 Main Street, Longmont, Colorado 80501, in the amount of $125,507.02, and WHEREAS, staff from the Weld County Department of Public Works has conducted a visual inspection and recommends release of said collateral. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners cf Weld County, Colorado, that the Letter of Credit #349, drawn on the First National Bank of Longmont, 401 Main Street, Longmont, Colorado 80501, in the amount of$125,507.02, 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. 11111111111111111111111111111111 I111 I I 111111 I I I I I I I I 2794634 2 R 0.00 D 0.00 09/18/2000 County CO ukamoto 1 of 2000-2172 PL0862 /7 CANCEL COLLATERAL - HORIZON INVESTMENTS, LLC PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 11th day of September, A.D., 2000. BOARD OF COUNTY COMMISS€ONERS WE D COUNTY, COLORADO ATTEST: II��SJ �/, �J Q=A_=__ ,=`b i Barbara J. Ki eyer, Ch it Weld County Clerk to th > l 4 - ) . ,7-4re/./;- ' / IM. J. �e Pro-Tem BY a, . . . / ..�7�1 .L� �llV c. /Jn- c _ Deputy Clerk to the B uV _. eorge . Baxter APPROVED AS TO RM: ,t �e `Dale K. Hall /'` 6- -. Gam, County iAtf6r ey Glenn Vaad ---- 111111101111111111111111111111111111111 IIII IIII 2794634 09/18/2000 05:18P JA Suki Tsukamoto 2 of 2 R 0.00 D 0.00 Weld County CO 2000-2172 PL0862 � a MEMORANDUM ' TO: Carol Harding, Clerk to the Board DATE Augu>t 8, 20' 0 OFROM: Donald Carroll, Engineering Administrator .� COLORADO SUBJECT: S-408, Vista Commercial, 15' Filing At your request, I reviewed the Road and Improvements Agreement(off-site)for Vista Commercia , 1 Filing, he primary access to the Planned Unit Development. The improvements were identified as WCR. 3 5 and WCI; 5 and the intersection of State Highway 119. On March 13, 2000, the collateral was held for the internal rc ad systems and improvements Letter of Credit No. 348 was released. On August 8, 2000, I verified that all off-dite improvements show no distress or repairs needed. I recommend that the remaining collateral from Letter of Credit No. 348, Off-Site Improvements, s ret:,asec. pc: Planning Services S-408 planl5s.wpd • • 2.100 72 First h'at'anal dl vhm ( . I I 44tr First National L0ng9I I April 28, 1997 I I. Clerk to the Board of County Commissioners Ftrsl Na„mW - 915 10th Street, PO Box C I I� Greeley, CO 80632 :I LETTER OF CREDIT ATTN: Donald L. Warden We hereby open our irrevocable Letter of Credit in your favo or the account of Horizon Investments, LLC for a sum not to exceed the aggregate of 125,507.02. Which amount shall be paid at sight and is available by benefici 's draft or drq s. Each draft so drawn must be marked " a n under irst National B of Longmont, 401 Main St., Longmont, CO , Letter of Credit# nd be c parried y7 "si ed statement from the Board of County Commissioners of Co y, Co radio stat g zon Investments, LLC has committed a material breach o mpr em is gree t cording to Policy Regarding collateral for Improvements at Vst o ercial er v i n-at Weld County Road _i 1/2 and State Highway 119. "iSu g me ate 8ta a April, 1997 by and between the Board of County Commi s'ol{r oft unt Well". This credit is subiec , s as a licable ' 'The' Uniform Customs and Practice for Documentary Cr2Yr 19 Rev sion The International Chamber of Commerce Publication No. 400." \ / We hereby agree with yo thaitidrafts drawn under and in compliance with the terms of this credit will be duly hon ed and presented for payment to our main office, First National Bank of Longmont, 401 Mai t., Longmont, CO 80501. This letter of credit will expire on April, 2'3, 1.998. This letter of cra'dit is automatically extended for additional one year periods from he current expiration an 'future expiration unless 60 days prior to such expiration date First National Bank notifies ben,Yiciary in writing that the letter of credit will not be renewed. In the case you. receive su9h notification, youemay draw by presentation of the following: (a)a draft 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. 349 will not be renewed and that Horizon Investments, LLC has failed to provide proof of adequate collateral and substitution of this Letter of Credit No.b 349 (c) Copy of letter from First National Bank stating non-renewal of Letter of Credit No. 349 and accompanied by the original Letter of Credit. Yours truly, Gordon T. Hills Vice President Hello