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HomeMy WebLinkAbout880868.tiff RESOLUTION RE: APPROVE HIGHWAY IMPROVEMENTS AGREEMENT WITH FRED M. SEKICH AND NICK SEKICH, JR. 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, the Board has been presented with a Highway Improvements Agreement with Fred M. Sekich and Nick Sekich, Jr. , and WHEREAS, said Highway Improvements Agreement concerns property described as Sekich Business Park, Lot 1 , Block 4 , located in the SW* , Section 23 , Township 3 North, Range 68 West of the 6th P.M. , Weld County, Colorado, and WHEREAS, the terms and conditions of said Agreement are as stated in the Agreement, and WHEREAS, after review, the Board deems it advisable to approve said Highway Improvements Agreement. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Highway Improvements Agreement between Weld County and Fred M. Sekich and Nick Sekich, Jr. be, and hereby is, approved. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 29th day of August, A.D. , 1988 . BOARD OF COUNTY COMMISSIONERS ATTEST: Put/id WELD UNTY, COLORADO Weld County lerk and Recorder C(//� and Clerk to the Board ene R. Brantner�Chairman Le{ 74,X4 c)2--211-(-; C.W. Kirby, Pro em Deputy County Clerk s^ APPROVED AS TO FORM: J-cquSli e nson G r ;, Count Atto ney Frank maguchi 880868 HIGHWAY IMPROVEMENTS AGREEMENT THIS AGREEMENT, made and entered into this 29th day of August , 1988 , by and between the County of Weld, State of Colorado, acting through its Board of County Commissioners, hereinafter called "County" , and FRED M. SEKICH and NICK SEKICH, JR. , hereinafter called "Applicant" . WITNESSETH: WHEREAS , Applicant is the owner of or has a controlling interest in the following described property in the County of Weld , Colorado: Sekich Business Park, Lot 1 , Block 4 , located in SW1/4 , Section 23 , Township 3 North, Range 68 West, Weld County, Colorado WHEREAS, a final site plan for Lot 1 , Block 4 , of said property has been submitted to the County for approval; and WHEREAS, the weld County Subdivision Regulations and development standards provide that no final plan shall be approved by the County until the Applicant has submitted an Improvement Agreement guaranteeing the construction of the highway improvement shown on plans, plats and supporting documents on the site plan. NOW, THEREFORE, IN CONSIDERATION OF the foregoing and of the acceptance and approval of said site plan, 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 highway improvements shown on Exhibit "A" which is attached hereto and made a part hereof by this reference. 1 . 1 The required engineering services shall be performed by a Professional Engineer and/or Land Surveyor registered in the State of Colorado, and shall conform to the standards and criteria established by the State for highway improvements . 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 State. 1 . 3 Applicant shall furnish drawings and cost estimates for the highway improvements to the State for approval prior to the letting of any construction contract. 880868 2 . 0 Construction: Applicant shall furnish and install, at its own expense, the highway improvements listed on Exhibit "A: which is attached hereto and made a part hereof by this reference. 2 . 1 Said construction shall be in strict conformance to the plans and drawings approved by the State and the specifications adopted by the State for such improvements . 3 . 0 Release of Liability: Applicant 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 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 County or its officers , agents , employees or otherwise except for the liability, los, 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 workman' 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. 4 . 0 General Requirements for Collateral : 4 . 1 The value of all collateral submitted to Weld County must be equivalent to 100% of the value of the improvements as shown in this Agreement . The improvements shall be completed within one ( 1 ) year after the site plan 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 100% 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. 5 . 0 Improvements Guarantee: The types of collateral listed below are 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: 2 880868 (a) The Letter of Credit shall be in an amount equivalent of 100% of the total value of the improvements as set forth. (b) The Letter of Credit shall provide for payment upon demand to Weld County if the developer has not performed the obligations specified in the Improvements Agreement and the issuer has been notified of such default. (c) The applicant may draw from the Letter of Credit in accordance with the provisions of this policy. (d) 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 100% of the estimated costs of completing the uncompleted portions of the required improvements, based on inspections of the development by the issuer. (e) The Letter of Credit shall specify that 15% of the total Letter of Credit amount cannot be drawn upon and will remain available to Weld County until released by Weld County. ( f) 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 15% or one year from the date of Site Plan 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 . 5 . 2 A surety bond given by a corporate surety authorized to do business in the State of Colorado in an amount equivalent to 100% of the value of the improvements as specified in the Improvement Agreement. 5 . 3 A cash deposit made with the County equivalent to 100% of the value of the improvements . 6 . 0 Request for Release of Collateral : Prior to release of 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 3 880863 that the project or a portion of the project has been completed in substantial compliance with 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 the construction plans utilized are the same as those approved by the State of Colorado . 6 . 2 If required by the State, test results must be submitted for all phases of this project as per Colorado Department of Highway Schedule for minimum materials sampling, testing and inspections found in CDOH 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 State of Colorado. 6 . 4 Following the submittal of the Statement of Substantial Compliance, 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 . 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 Agreement to be executed on the day and year first above written. BOARD OF COUNTY COMMISSIONERS WELD NTY, COLORADO Aftnt teff941<v* 4 880868 ATTEST: Al Weld County Clerk and Recorder and Clerk to the Board /-914-- ---icat) D rWrwte.J eputy County lerk APPLICANT: yu( M ,I Fred M. Sekich Nick Sekich, Jr. APPROVED AS TO FORM: 74,a rLc 0 County Attorney 5 880868 McCARTY ENGINEERING L\. /j CONSULTANTS, INC. CONSTRUCTION COST ESTIMATE Sekich Business Park Mead, Colorado Hwy. 66 Turn Lane 1 . Line Cut , Excavation $ Grading $4 ,000 2. a 12" Base @ $0. 40/in. = 4. 80x970 4 ,656 3" Asphalt @ $1.40/in. = 4. 20x970 4 , 074 2 .b 7 . 5" Full Depth Asphalt @ $11 . 96x970 11 ,602 Project is 1. plus 2.a. or 1. plus 2.b. 7O3 THIRD AVENUE • LONGMONT,CO.772-7755/449-4373 880868 LIND, LAWRENCE & OTTENHOFF ATTORNEYS AT LAW THE LAW BUILDING loll ELEVENTH AVENUE P.O.BOX 326 GREELEY,COLORADO 80632 GEORGE H.OTTENHOFF TELEPHONE KENNETH F.LIND 1303)353-2323 KIM R.LAWRENCE 603)3569160 August 22 , 1988 Board of County Commissioners Weld County 915 Tenth Street Greeley, CO 80631 Re : Highway Improvements Agreement Dear Chairman Brantner: Attached to this letter is a Cashier ' s Check in the amount of '$17 , 000.00 , a Highway Improvements Agreement and Construction Cost Estimate . The maximum construction cost estimate is $ 15 , 602 . 00 , therefore , the attached Cashier ' s Check more than meets the 100% improvement requirement . It is our request , however , that you hold this Cashier' s Check rather than depositing the same as the United Bank of Greeley is issuing a Letter of Credit in the amount of $17 ,000. 00. That Letter of Credit will not be available until August 29 , 1988 , and at time we intend to substitute the Cashier ' s Check with the Letter of Credit. We presume the substitution will be acceptable , however, if you have any questions please immediately contact the undersigned . Very truly yours , LIND, -75 NCE ENHOFF Kean t /P. Lin KFL/cg Enclosure 0863 - 1 A., . 1rE ; . O i A.00 . �,_ a r. - y y� * 'Q, N\ * .r -,,... — ' et g �-= Q., v m r : ? n nJ f V T r ru d E OT a cn _ W tr rm z •Nv -I =e * * W c= r To in fa * 10 c rg. v V a C71 a OD c 'm k a O Wil * 880868 United Bank of Greeley NE it Association 1025 Ninth Avenue • P.O. Box 1058 Greeley,Colorado 80632 Telephone:(303)356-1000 - Cv United Bank • IRREVOCABLE STANDBY LETTER OF CREDIT OUR LETTER OF CREDIT NUMBER: 1188 DATE OF ISSUANCE: August 19 , 1988 BENEFICIARY: Weld County Board of Commissioners Gentlemen: AT THE REQUEST OF: Fred M. Sekich aka Frederick M. Sekich Nick Sekich, Jr. Karen S. Sekich Donna L. Sekich PO Box 508 Longmont, CO 80501 AND FOR THE ACCOUNT OF : Fred M. Sekich aka Frederick M. Sekich, Nick Sekich, Jr. , Karen S . Sekich, Donna L. Sekich We hereby issue our Irrevocable Standby Letter of Credit Number 1188 which is available by payments against beneficiary' s draft at sight, drawn on United Bank of Greeley National Association. This credit is for a aggregate amount not to exceed a total of Seventeen Thousand and 00/100ths U.S. Dollars ( $17 , 000 . 00 U. S . Dollars ) . The draft submitted must be accompanied by the following documents . 1 . This Letter of Credit 2 . A written statement purportedly signed by an authorized signer of Weld County Board of Commissioners stating that Sekich Business Park, or Frederick M. and Nick Sekich, Jr. , have failed to meet certain terms and conditions of the Highway Improvements Agreement between Sekich Business Park, Frederick M. and Nick Sekich, Jr. , and the Board of County Commissioners of Weld County, on behalf of the County of Weld, State of Colorado. Failure to comply may include but not be limited to : a. a failure to provide a commitment for a subsequent Letter of Credit thirty ( 30 ) days prior to the expiration of this Letter of Credit in an amount equal to the current value of the Letter plus any increase in the Consumer Price Index over the preceding twelve ( 12 ) months . 880863 EXPIRES : at our counters at 3 : 00 p.m. Mountain Standard Time , March 2 , 1989 . - PARTIAL DRAWS ARE NOT PERMITED. Draft must be marked "Drawn Under United Bank of Greeley National Association Irrevocable Standby Letter of Credit Number 1188 dated August 29 , 1988" . We hereby agree to honor the draft drawn in compliance with the terms of this credit if duly presented ( together with the documents as specified) at this office on or before the expiration date . This credit is issued subject to the Uniform Customs and Practice for Documentary Credits ( 1983 Revision) , International Chamber of Commerce Publication No. 400 , to the extent that it does not conflict with Article 5 of the Uniform Commercial Code for the State of Colorado . United Bank of Greeley National o/ Association By: / C/ Pt Vern Moser, Vice President 880863 United Bank of Greeley Nat II Association 1025 Ninth Avenue P.O. Box 1058 Greeley,Colorado 80632 Telephone:(303)356-1000 $3 United Bank • February 26, 1988 \ APR Weld County Colorado Office of County Attorney c/o Mr. Lee D. Morrison P.O. Box 1948 Greeley, CO 80632 RE: Frederick M. Sekich Nick Sekich, Jr. Donna L. Sekich Karen S. Sekich Dear Mr. Morrison: Please find enclosed our irrevocable stand-by letter of credit #1181 dated February 17, 1988 in the amount of $47,025.00 for the above referenced customers. In the event you should have any questions regarding the conditions or terms please feel free to contact me. ' Yours Truly, ✓ m1I Vern Moser Vice President Enclosure VM/sb O - �r United Bank of Greeley Na' 11 Association 1025 Ninth Avenue P.O.Box 1058 Greeley.Colorado 80632 Telephone:(303)356-1000 N4‘ United Bank IRREVOCABLE STAND-BY LETTER OF CREDIT OUR LETTER OF CREDIT NUMBER: 1181 DATE OF ISSUANCE: FEBRUARY 17, 1988 BENEFICIARY: WELD COUNTY BOARD OF COMMISSIONERS GENTLEMEN: AT THE REQUEST OF : FRED M. SEKICH AKA FREDERICK M. SEKICH NICK SEKICH, JR. DONNA L. SEKICH KAREN S. SEKICH P.O. BOX 508 LONGMONT, COLORADO 80501 AND FOR THE ACCOUNT OF: FRED M. SEKICH AKA FREDERICK M. SEKICH, NICK SEKICH, JR. , DONNA L. SEKICH, KAREN S. SEKICH WE HEREBY ISSUE OUR IRREVOCABLE STANDBY LETTER OF CREDIT NUMBER 1181 WHICH IS AVAILABLE BY PAYMENT AGAINST BENEFICIARY' S DRAFT AT SIGHT, DRAWN ON UNITED BANK OF GREELEY NATIONAL ASSOCIATION. THIS CREDIT IS FOR AN AGGREGATE AMOUNT NOT TO EXCEED A TOTAL OF U.S. DOLLARS $47,025.00. THE DRAFT SUBMITTED MUST BE ACCOMPANIED BY THE FOLLOWING DOCUMENTS: 1. THIS LETTER OF CREDIT 2. A WRITTEN STATEMENT PURPORTEDLY SIGNED BY AN AUTHORIZED SIGNER OF WELD COUNTY BOARD OF COMMISSIONERS STATING THAT SEKICH BUSINESS PARK, OR FREDERICK M. AND NICK SEKICH, JR. , HAVE FAILED TO MEET CERTAIN TERMS AND CONDITIONS OF THE ROAD IMPROVEMENTS AND MAINTENANCE AGREEMENT BETWEEN SEKICH BUSINESS PARK, FREDERICK M. AND NICK SEKICH, JR. , AND THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, ON BEHALF OF THE COUNTY OF WELD, STATE OF COLORADO. FAILURE TO COMPLY MAY INCLUDE BUT NOT BE LIMITED TO: (a) a failure to provide a commitment for a subsequent Letter of Credit thirty (30) days prior to the expiration of this Letter of Credit in an amount equal to the current value of the Letter plus any increase in the Consumer Price Index over the preceding twelve (12) months. (b) a failure to provide maintenance or payment in lieu thereof or a failure to provide dust abatement for Weld County Road 91 as specified in the Agreement. (c) a failure to provide the appropriate share of expenses for improvements to Weld County Road 91. UP TO $22,500.00 OF THIS LETTER OF CREDIT MAY BE RELEASED TO THE BENEFICIARY UPON PRESENTATION OF A STATEMENT SIGNED BY THE CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS AND ATTESTED TO BY THE CLERK TO THE BOARD STATING THAT DEVELOPER HAS A CURRENT OBLIGATION TO PAY A SHARE OF IMPROVEMENT EXPENSES UNDER PARAGRAPH 8 OF THE ROAD IMPROVEMENTS AND MAINTENANCE AGREEMENT WHEN ACCOMPANIED BY A STATEMENT FROM SEKICH BUSINESS PARK, FREDERICK M. SEKICH AND NICK SEKICH, JR. , REQUESTING THAT THE BENEFICIARY DRAW UPON THESE FUNDS. EXPIRES AT OUR COUNTERS AT 3:00 P.M. MOUNTAIN STANDARD TIME DECEMBER 31, 1988. PARTIAL DRAWS ARE NOT PERMITTED. DRAFT MUST BE MARKED "DRAWN UNDER UNITED BANK OF GREELEY NATIONAL ASSOCIATION IRREVOCABLE STANDBY LETTER OF CREDIT NUMBER 1181 DATED FEBRUARY 17, 1988". WE HEREBY AGREE TO HONOR THE DRAFT DRAWN IN COMPLIANCE WITH THE TERMS OF THIS CREDIT IF DULY PRESENTED (TOGETHER WITH THE DOCUMENTS AS SPECIFIED) AT THIS OFFICE ON OR BEFORE THE EXPIRATION DATE. THIS CREDIT IS ISSUED SUBJECT TO THE UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDITS (1983 REVISION) , INTERNATIONAL CHAMBER OF COMMERCE PUBLICATION NO. 400, TO THE EXTENT THAT IT DOES NOT CONFLICT WITH ARTICLE 5 OF THE UNIFORM COMMERCIAL CODE FOR THE STATE OF COLORADO. UNITED BANK OF GREELEY NATIONAL ASSOCIATION BY: NON L. MOSER, VICE ENT (it' CLERK TO THE BOARD PHONE (970)336-7215, Ext. 4225 FAX: (970) 352-0242 CP. O. BOX 758 GREELEY, COLORADO 80632 COLORADO August 4, 2005 United Bank of Greeley P. O. Box 1058 Greeley, Colorado 80632 RE: Cancellation and release of Collateral -Fred Sekich, Nick Sekich, Jr., and Sekich Business Park To Whom It May Concern: Attached hereto please find a copy of the Board of County Commissioner's Resolution approving the cancellation and release of collateral, as referenced above. The original Irrevocable Letter of Credit is enclosed. If you have questions or need additional information, please do not hesitate to contact me at (970) 356-4000, Extension 4217. Very truly yours, BOARD OF COUNTY COMMISSIONERS t. By: C :-...A.„40-(c--aot Carol A. Harding, Deputy Clerk to the Board SB ot416 p L 0077 United Bank of Greeley Nc el Association 1025 Ninth Avenue P.O. Box 1058 ! Greeley,Colorado 80632 Telephone:(303)356-1000 / United Bank712 IRREVOCABLE STAND-BY LETTER OF REDIT OUR LETTER OF CREDIT NUMBER: 1181 DATE OF ISSUANCE: FEBRUARY 17, 1988 4 /JAC) BENEFICIARY: WELD COUNTY BOARD OF COMMISSIONE \� GENTLEMEN: AT THE REQUEST OF : FRED M. SEKICH AKA FRE ERICK M. SEKICH NICK SEKICH, JR. DONNA L. SEKICH KAREN S. SEKICH P.O. BOX 508 LONGMONT, COLORAD 80501 AND FOR THE ACCOUNT OF: FRED M. SEK CH AKA FREDERICK M. SEKICH, NICK SEKICH, JR. , DONNA L. S KICH, KAREN S. SEKICH WE HEREBY ISSUE OUR IRREVOCABLE S ANDBY LETTER OF CREDIT NUMBER 1181 WHICH IS AVAILABLE BY PAYMENT AGAINST BEN ICIARY'S DRAFT AT SIGHT, DRAWN ON UNITED BANK OF GREELEY NATIONAL ASSOCIATION THIS CREDIT IS FOR AN AGGREGA E AMOUNT NOT TO EXCEED A TOTAL OF U.S. DOLLARS $47,025.00. THE DRAFT SUBMI ED MUST BE ACCOMPANIED BY THE FOLLOWING DOCUMENTS: 1. THIS LETTER OF CREDIT 2. A WRITTEN STATEMENT PORTEDLY SIGNED BY AN AUTHORIZED SIGNER OF WELD COUNTY BOARD OF COMMISSIONERS ATING THAT SEKICH BUSINESS PARK, OR FREDERICK M. AND NICK SEKICH, JR. , HAVE FAIL TO MEET CERTAIN TERMS AND CONDITIONS OF THE ROAD IMPROVEMENTS AND MAIN NANCE AGREEMENT BETWEEN SEKICH BUSINESS PARK, FREDERICK M. AND NICK SEKICH, JR. AND THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, ON BEHALF OF THE COUN OF WELD, STATE OF COLORADO. FAILURE TO COMPLY MAY INCLUDE BUT NOT BE LIMITED 0: (a) a failur to provide a commitment for a subsequent Letter of Credit thirty 30) days prior to the expiration of this Letter of Credit in an amo t equal to the current value of the Letter plus any increase in th Consumer Price Index over the preceding twelve (12) months. (b) a f ilure to provide maintenance or payment in lieu thereof or a fa' ure to provide dust abatement for Weld County Road 91 as s ecified in the Agreement. (c) a failure to provide the appropriate share of expenses for improvements to Weld County Road 91. UP T9$22,500.00 OF THIS LETTER OF CREDIT MAY BE RELEASED TO THE BENEFICIARY UPON PRESENTATION OF A STATEMENT SIGNED BY THE CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS AND ATTESTED TO BY THE CLERK TO THE BOARD STATING THAT DEVELOPER HAS A CURRENT OBLIGATION TO PAY A SHARE OF IMPROVEMENT EXPENSES UNDER PARAGRAPH 8 OF THE ROAD IMPROVEMENTS AND MAINTENANCE AGREEMENT WHEN ACCOMPANIED BY A STATEMENT FROM SEKICH BUSINESS PARK, FREDERICK M. SEKICH AND NICK SEKICH, JR. , REQUESTING THAT THE BENEFICIARY DRAW UPON THESE FUNDS. EXPIRES AT OUR COUNTERS AT 3:00 P.M. MOUNTAIN STANDARD TIME DECEMBER 31, 1988. PARTIAL DRAWS ARE NOT PERMITTED. DRAFT MUST BE MARKED "DRAWN UNDER UNITED BANK OF GREELEY NATIONAL ASSOCIATION IRREVOCABLE STANDBY LETTER OF CREDIT NUMBER 1181 DATED FEBRUARY 17, 1988". WE HEREBY AGREE TO HONOR THE DRAFT DRAWN IN COMPLIANCE WITH THE TERMS OF THIS CREDIT IF DULY PRESENTED (TOGETHER WITH THE DOCUMENTS AS SPECIFIED) AT THIS OFFICE ON OR BEFORE THE EXPIRATION DATE. THIS CREDIT IS ISSUED SUBJECT TO THE UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDITS (1983 REVISION) , INTERNATIONAL CHAMBER OF COMMERCE PUBLICATION NO. 400, TO THE EXTENT THAT IT DOES NOT CONFLICT WITH ARTICLE 5 OF THE UNIFORM COMMERCIAL CODE FOR THE STATE OF COLORADO. UNITED BANK OF GREELEY NATIONAL ASSOCIATION BY: ,� C ON L. MOSER, VICE ENT Ke; CLERK TO THE BOARD PHONE (970) 336-7215, Ext. 4225 FAX: (970) 352-0242 P. O. BOX 758 C. GREELEY, COLORADO 80632 COLORADO August 4, 2005 Fred Sekich, Nick Sekich, Jr. and Sekich Business Park P. O. Box 508 Longmont, Colorado 80501 RE: Cancellation and release of Collateral To Whom It May Concern: Attached hereto please find copies of the Board of County Commissioner's Resolution approving the cancellation and release of collateral, as referenced above. The original Letter of Credit was returned to United Bank of Greeley, P. O. Box 1058, Greeley, Colorado 80632. If you have questions or need additional information, please do not hesitate to contact me at(970) 356-4000, Extension 4217. Very truly yours, BOARD OF COUNTY COMMISSIONERS`G� By: ! 1,g� g�.t_ Carol A. Hardi g, Deputy Clerk to the Board rto t (Tier ( TO THE BOARD N. I70) 336-7215, Ext. 4225 FAX: (970) 352-0242 ,.._. P. O. BOX 758 EY, COLORADO 80632 ( `' COLOR AD August 4, 2005 T„h e , Fred Sekich, Nick : rfi } ). °a and Sekich Busine: YRH P. O. Box 508 „,:,1-4. - 4) d. Longmont, Colorac -3 Y o Ea v o RE: Cancellatioi a o — ",, °,. a - co co O To Whom It May C r 6 .a 2 _ _ Attached hereto pit (4 °_° �? _ = ation approving the cancellation an x .9. x Es = ar of Credit was returned to United in a� r c _ �' r � E. L' c c O G If you have questio l w a: _ „t_' ttact me at(970) 356-4000, Extensio :::r. Very truly yours, N (Lu co a@ BOARD OF COUI co O cn o , > O Q III B !� O Y: Carol A. Han., m O e.::, t Deputy Clerk 1 w 2 U .ft � XWa) O d h- m W Y K CL wOP. a. , a ( L , O8; Oak WOW . 3IIIU COLLATERAL RELEASED IN CONJUNCTION WITH OTHER CASES SEE #2005-2091 Hello