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HomeMy WebLinkAbout930028.tiff AR2317auj RESOLUTION RE: APPROVE RELEASE OF COLLATERAL FOR PHASE 2 - HARRISON RESOURCE CORPORATION/VALLEY VIEW RANCH P.U.D. 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 March 25, 1992, the Board granted Final Planned Unit Development (P.U.D. ) Plan approval, Planning case number S-319, to Harrison Resource Corporation, and WHEREAS, Phase 1 consists of Lots 1, 2, 3, 4, and 5 of Valley View Ranch P.U.D. ,and Phase 2 consists of Lots 6, 7, 8, 9, 10, and 11 of Valley View Ranch P.U.D. , and WHEREAS, by Resolution dated October 7, 1992, Letter of Credit #659, issued by the First Interstate Bank in the amount of $21,936, was accepted as adequate warranty collateral for Phase 2 of the Valley View Ranch P.U.D. , and WHEREAS, the County Engineer has recommended that the Board release said warranty collateral, and WHEREAS, after review, the Board deems it advisable to release said collateral. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that Letter of Credit #659, issued by the First Interstate Bank in the amount of $21,936, be, and hereby is, 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. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following ongg vote on the 4th day of January, A.D. , 1993. ATTEST: A J BOARD OF COUNTY COMMISSIONERS ///ppp"'777fff WEL COUNTY, COLORADO Weld County Clerk to the Board CC Q Constance L. H rber�man Deputy Clerk to the Board _ W. H. Webster, Pro-T APPROVED AS 0 FORM: °BaI fly G oe'o Arge E. xt County Attorney D le K. a 1 /- • 2. e/ice ens - Barbara J. Kirkmeye O B 1366 REC 02317809 01/11/93 15: 25 $0 .00 1/001 PL0847 F 1655 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 930028 061 cG ' (-0L ) NA ekt5w, fi mEmoRAnDum � Wilk . isc TO Board of Weld County Commission is December 28, IJ92 COLORADO From Drew Scheltinga 1i sobjectValley View Ranch PUD Phase II Collateral S-319 I have inspected the Phase II improvements in Valey View Ranch PUD as outlined in our improvements agreement with Harrison Resource Corporation. The utilities have been installed and the street construction is complete. The road is a gravel surface and will not be maintained by Weld County. Therefore, the one year warranty period is not applicable. The collateral for the Phase II improvements in the amount of $24,502.00 may be released. DS/pds:mcomm.pds cc: Lee Morrison, Assistant County Attorney Lanell Swanson, Planning Clerk to the Board Craig Harrison, Harrison Resource Corp. Subdivision File - Valley View Ranch S-319 930028 First Interstate Bank /W. i 9 3 of Fort Collins, N.A. First P.O.Collins,x 578 Fort C , CO 80522 1` .3 Interstate (303) 482-4861 f �� , Bank C,t 0A� 76 b &s k March 27, 1992 Si- e_. A Qct . C&-Ptc c1 6" County of Weld, State of Colorado Department of Planning Services 915 10th Street Greeley, CO 80631 Re: Letter of Credit No. 659 Dear Sirs: We hereby establish, at the request and for the account of Harrison Resource Corporation in your favor, our Irrevocable Letter of Credit No. 659 in the amount of $21,936. 00, effective immediately and expiring at the close of banking business on April 15, 1993, unless automatically renewed as herein provided, at our office at 205 West Oak Street, Fort Collins, Colorado 80521. This Letter of Credit is intended for the Valley View Ranch project for the assurance of the completion of the Improvements Agreement dated March 30, 1992. Funds under this Letter of Credit are available to you for one or more drawings prior to the close of business on April 15, 1993 against sight drafts in an aggregate cumulative amount not to exceed $21,936. 00, dated the date of presentment, drawn on our office referred to above, referring thereon to the number of this Letter of Credit and accompanied by your written certificate signed by you and acknowledged as therein provided in the form of Exhibit A hereto. Presentation of such draft and certificate shall be made at our office referred to above. Upon the earlier of (i) our honoring your draft(s ) totaling $21, 936 . 00 in the aggregate presented on or before this Letter of Credit expires pursuant to the terms herein, or (ii) the surrender to us by you of this Letter of Credit for cancellation, this Letter of Credit shall automatically terminate. This Letter of Credit is not transferable. This Letter of Credit sets forth in full our undertaking, and such undertaking shall not in any way be modified, amended, amplified or limited by reference to any document, instrument or agreement referred to herein, except only the certificate and draft(s) referred to herein; and any such reference shall not be deemed to incorporate herein by reference any document, instrument or agreement except for such certificate and drafts. :. 032S This Letter of Credit shall be governed by the Uniform Commercial Code -- Letters of Credit as enacted in the State of Colorado. This Letter of Credit is issued subject to the Uniform Customs and Practice for Documentary Credits, 1983 revision, ICC Publication No. 400 ( 1984) excluding Articles 45 and 54 (regarding installment drawings and transfer) therefore and except to the extent that other articles there may by inconsistent with the UCC or the terms of the Letter of Credit. This Letter of Credit is automatically renewable for a period of one year on April 15, 1993 unless at least 60 days prior to the expiration date First Interstate Bank of Fort Collins, N.A. notifies you by certified mail that the Bank does not intend to renew this Letter of Credit beyond its expiration date. 271 Ed Wilkins Assistant Vice President Commercial Loan Department EW/gf R a -+"-- `i o_4- -e cod 74de e` die`-✓ Cer15--et-t% 1 . 4 e ket wta oaved e-c Co y Contnt /SSIO is WG) d OtU & , c_ oIora_JO 2 9 x;0328 Hello