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Home My WebLink About20230546.tiffRESOLUTION RE: APPROVE TERMINATION OF IMPROVEMENTS AGREEMENT FOR USE BY SPECIAL REVIEW PERMIT, USR-1670 - NORTHERN COLORADO DISPOSAL 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 November 12, 2008, the Board approved the application of Lowell Paul Dairy, Inc., 14332 County Road 64, Greeley, Colorado 80634, c/o Northern Colorado Disposal, Attn: Don Frei, 337 East 8th Street, Greeley, Colorado 80631, for a Solid Waste Disposal Site and Facility (recycling facility/ transfer station) in the A (Agricultural) Zone District, on the following described real estate, to wit: Lot A of Recorded Exemption, RE -449; being part of Section 33, Township 6 North, Range 66 West of the 6th P.M., Weld County, Colorado, and WHEREAS, on September 21, 2009, the Board of County Commissioners of Weld County, Colorado, approved 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 Northern Colorado Disposal, with terms and conditions being as stated in said agreement, and accepted Irrevocable Standby Letter of Credit No. ITIS-741345 from JP Morgan Chase Bank, N.A. Global Trade Services, in the amount of $194,600.00, and WHEREAS, on September 7, 2011, the Board of County Commissioners of Weld County, Colorado, approved the partial release of said collateral in the amount of $187,100.00 and accepted replacement collateral from Donald and Carol Frei, in the form of personal check #7112, in the amount of $7,500.00, to serve as warranty collateral for a one-year period from the date of approval, and WHEREAS, on August 6, 2014, it was determined by the Board that the warranty collateral in the amount of $7,500.00, being held by Weld County, was no longer necessary to secure said Improvements Agreement According to Policy Regarding Collateral for Improvements, and upon recommendation of staff, the Board agreed to cancel and release said warranty collateral, and WHEREAS, on February 1, 2023, the Board approved the request from the current property owner, Pierce Hardy Limited Partnership (84 Lumber), 1019 Route 519, Eighty Four, Pennsylvania 15330, to vacate said Use by Special Review Permit, USR-1670, due to the property being sold, and 4886661 Pages: 1 of 2 03/15/2023 10:43 AM R Fee:$0.00 County Carly Koppes, Clerk and Recorder, Weld , CO 111r��1ir wlt+�rati hii ��ti Ili III cc: PLerr/MW/DA/'STM/'KR) .3124/23 2023-0546 PL1991 APPROVE TERMINATION OF IMPROVEMENTS AGREEMENT (USR-1670) - NORTHERN COLORADO DISPOSAL PAGE 2 WHEREAS, upon recommendation of staff, the Board deems it advisable to terminate the Improvements Agreement for Use by Special Review Permit, USR-1670, approved on September 21, 2009, recorded at Reception #3654021, for Northern Colorado Disposal. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Improvements Agreement for Use by Special Review Permit, USR-1670, be, and hereby is, terminated. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 27th day of February, A.D., 2023. BOARD OF COUNTY COMMISSIONERS WELD C OUNTY, COLORADO ATTEST: didt4,O Mikeman, Chair Weld County Clerk to the Board BY: Deputy Clerk to the Board APPROVED AS TO FOR 4v -'County Attorney Date of signature: o3/09/23 4886661 Pages: 2 of 2 03/15/2023 10:43 AM R Fee:$0,00 Carly Kwpas, Clark and Recorder, Weld County , CO 11111 Per L. Bu Pro-Tem Scott K. Jame Lori Saine 2023-0546 PL1991 BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: BOCC Agenda Item — Full Release of Warranty Collateral and Approve Termination of Improvements and Road Maintenance Agreement for: Northern Colorado Disposal — USR-1670 DEPARTMENT: Planning Services DATE: February 7'h, 2023 PERSON REQUESTING: Jazmyn Trujillo -Martinez Brief description of the problem/issue: The Department of Planning Services received a request from Northern Colorado Disposal, requesting that the Board of County Commissioners release the currently held Warranty Collateral for Northern Colorado Disposal in the amount of $7,500.00 and approve the termination of Improvements and Road Maintenance Agreement for USR-1670. The Improvements and Road Maintenance Agreement was approved on September 21., 2009, recorded under Reception #3654021, Tyler #2009-2491, and the Warranty Collateral was accepted on August 6'", 2014, recorded under Reception #4039093, Tyler #2014-2447. On February 1m, 2023, the Board of County Commissioners approved the Vacation of USR-1670, making the Improvements and Road Maintenance Agreement no longer necessary. What options exist for the Board? (include consequences, impacts, costs, etc. of options): 1. Have this BOCC Hearing item be placed on the next available agenda as part of the Regular Agenda. Weld County Collateral List: Northern Colorado Disposal (PL1991, #2011-2375 USR #1670 Released Letter of Credit from JPMorgan Chase Bank for $194,600.00, and accepted check #7112 from Donald Frei as warranty collateral for a one-year period. Deposited 09/09/2011 $7,500.00 Recommendation: The Departments of Planning Services, Public Works, and the County Attorney's Office are recommending approval of the full release of Warranty Collateral and the termination of the Road Maintenance Agreement According To Policy for USR-1670, and that this item be placed on the next regularly scheduled BOCC Hearing, as part of the Regular Agenda. Perry L. Buck, Pro -Tern Mike Freeman, Chair Scott K. James Kevin D. Ross Lori Seine Approve Recommendation j4 Schedule Work Session Other/Comments: 2023-0546 b2/21 PL 1°et, Cheryl Hoffman From: Sent: To: Subject: Attachments: Jazmyn Trujillo Martinez Monday, February 6, 2023 2:55 PM Cheryl Hoffman; Daniel Mesa; Dawn Anderson; Esther Gesick; Karla Ford; Tom Parko Jr. BOCC PA REVIEW -USR-1670 — Northern Colorado Disposal Signed PA & Release USR-1670 Northen Colorado Disposal.pdf ATTACHED BOCC PA REVIEW Improvements Agreement: Full Release of Warranty Collateral and Approve Termination of Improvements and Road Maintenance Agreement Case/Applicant: USR-1670 — Northern Colorado Disposal Please note: Regular Agenda Thanks Karla! Best, Jazmyn Trujillo -Martinez Development Review Weld County Planning Services 1555 North 17th Avenue Greeley, CO 80631 (970) 400-3711 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: BOCC Agenda Item — Full Release of Warranty Collateral and Approve Termination of Improvements and Road Maintenance Agreement for: Northern Colorado Disposal — USR-1670 DEPARTMENT: Planning Services DATE: February 7th, 2023 PERSON REQUESTING: Jazmyn Trujillo -Martinez Brief description of the problem/issue: The Department of Planning Services received a request from Northern Colorado Disposal, requesting that the Board of County Commissioners release the currently held Warranty Collateral for Northern Colorado Disposal in the amount of $7,500.00 and approve the termination of Improvements and Road Maintenance Agreement for USR-1670. The Improvements and Road Maintenance Agreement was approved on September 21., 2009, recorded under Reception #3654021, Tyler #2009-2491, and the Warranty Collateral was accepted on August 6th, 2014, recorded under Reception #4039093, Tyler #2014-2447. On February 1St, 2023, the Board of County Commissioners approved the Vacation of USR-1670, making the Improvements and Road Maintenance Agreement no longer necessary. What options exist for the Board? (include consequences, impacts, costs, etc. of options): 1. Have this BOCC Hearing item be placed on the next available agenda as part of the Regular Agenda. Weld County Collateral List: Northern Colorado Disposal (PL1991, #2011-2375) USR #1670 Released Letter of Credit from JPMorgan Chase Bank for $194,600.00, and accepted check #7112 from Donald Frei as warranty collateral for a one-year period. Deposited 09/09/2011 $7,500.00 Recommendation: The Departments of Planning Services, Public Works, and the County Attorney's Office are recommending approval of the full release of Warranty Collateral and the termination of the Road Maintenance Agreement According To Policy for USR-1670, and that this item be placed on the next regularly scheduled BOCC Hearing, as part of the Regular Agenda. Perry L. Buck, Pro-Tem Mike Freeman, Chair Scott K. James Kevin D. Ross Lori Saine A rove Schedule Recommendation Work Session Other/Comments: RESOLUTION RE: APPROVE VACATION OF USE BY SPECIAL REVIEW PERMIT, USR-1670 - PIERCE HARDY LIMITED PARTNERSHIP (84 LUMBER) 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 November 12, 2008, the Board approved Use by Special Review Permit, USR-1670, for a Solid Waste Disposal Site and Facility (recycling facilityltransfer station) in the A (Agricultural) Zone District, for Lowell -Paul Dairy, Inc., c/a Northern Colorado Disposal, on the following described real estate, to -wit: Lot A of Recorded Exemption, RE -449; being part of the NE1/4 NE1/4 of Section 33, Township 6 North, Range 66 West of the 6th P.M., Weld County, Colorado WHEREAS, the Board has received a request from the current property owner, Pierce Hardy Limited Partnership (84 Lumber), 1019 Route 519, Eighty Four, Pennsylvania 15330, to vacate said Use by Special Review Permit, USR-1670, and WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, studied the request of the applicant and the recommendations of the Department of Planning Services staff and all of the exhibits and evidence presented in this matter and, having been fully informed, deems it advisable to approve said vacation. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that Use by Special Review Permit, USR-1670, be, and hereby is, vacated. 2023-0348 PL1991 VACATE USR-1670 - PIERCE HARDY LIMITED PARTNERSHIP (84 LUMBER) PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 1st day of February, A.D., 2023. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: Mike Freeman, Chair Weld County Clerk to the Board Perry L. Buck, Pro-Tem BY: Deputy Clerk to the Board APPROVED AS TO FORM: County Attorney Date of signature: Scott K. James Kevin D. Ross Lori Saine 2023-0348 PL1991 RESOLUTION RE: APPROVE CANCELLATION AND RELEASE OF COLLATERAL FOR USE BY SPECIAL REVIEW PERMIT #1870 - NORTHERN COLORADO DISPOSAL 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 November 12, 2008, the Board approved the application of Lowell Paul Dairy, Inc., 14332 County Road 64, Greeley, Colorado 80634, c/o Northern Colorado Disposal, Attn: Don Frei, 337 East 8th Street, Greeley, Colorado 80631, for a Solid Waste Disposal Site and Facility (recycling facility/ transfer station) in the A (Agricultural) Zone District, on the following described real estate, to wit: Lot A of Recorded Exemption #449; being part of Section 33, Township 6 North, Range 66 West of the 6th P.M., Weld County, Colorado, and WHEREAS, on September 21, 2009, the Board of County Commissioners of Weld County, Colorado, approved 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 Northern Colorado Disposal, with terms and conditions being as stated in said agreement, and accepted Irrevocable Standby Letter of Credit No. ITIS-741345 from JP Morgan Chase Bank, N.A. Global Trade Services, in the amount of $194,600.00, and WHEREAS, on September 7, 2011, the Board of County Commissioners of Weld County, Colorado, approved the partial release of said collateral in the amount of $187,100.00 and accepted replacement collateral from Donald and Carol Frei, in the form of personal check #7112, in the amount of $7,500.00, to serve as warranty collateral for a one year period from the date of approval, and WHEREAS, it has been determined by the Board that the collateral being held by Weld County is no longer necessary to secure said Improvements Agreement According to Policy Regarding Collateral for Improvements, and upon recommendation of staff, 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 personal check #7112, in the amount of $7,500.00 be, and hereby is, canceled and released. BE IT FURTHER RESOLVED by the Board that the Clerk to the Board be, and hereby is, directed to return said collateral to the appropriate issuing party. 4039093 Pages: 1 of 2 %(, Pto(IC,De) 08/18/2e14 e4:0s PR R F.s:$e.ee P t Stave Marino, Clark and Rsoordor, Wald County, NUPACRAl'b MiAMILIMlilac► 11 III 2014-2447 PL1991 CANCEL COLLATERAL - NORTHERN COLORADO DISPOSAL PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 6th day of August, A.D., 2014. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: Dougla>ademacher, Chair Weld County Clerk to the Board BY: .(atrilAk Deput erk to the Board EXCUSED Sean P. Conway EXCUSED Barbara Kirkmeyer, Pro-Tem my Attorney Date of signature: AN 0 6 4039093 Pages: 2 of 2 08/18/2014 04:06 PM R Fm.:60.00 5ta�� Morino, Clerk and R�oordrr, Weld Counly, CO K+1�'c dABill Garcia 2014-2447 PL1991 MEMORANDUM TO: Clerk to the Board DATE: 8/4/2014 FROM: Richard Hastings, Public Works Department SUBJECT: BOCC Agenda Item: Final Release of Collateral Northern Colorado Disposal (USR-1670) Request for Final Release of Collateral: The Department of Public Works received a request from the applicant, Don Frei/Northern Colorado Disposal, Inc., requesting an inspection of the property in order to obtain the final release of collateral, for the improvements to the site, located at the southwest corner of the intersection of CR 31/59° Avenue and CR 64/O Street. Weld County Public Works Department performed a site inspection, at the above mentioned site, and observed the following: • All Public Works related items on Exhibit A, of the Improvements Agreement According To Policy Regarding Collateral For Improvements Document #2009-2491, have been completed and are found to be acceptable. Weld County Collateral List: Northern Colorado Disposal (PL1991, #2011-2375) USR #1670 Released Letter of Credit from JPMorgan Chase Bank for $194,600.00, and accepted check #7112 from Donald Frei as warranty collateral for a one year period. Deposited 09/09/2011 $7,500.00 Recommendation: The Departments of Public Works and Planning Services are recommending final release of collateral, as shown above from the Weld County Collateral List, in the amount of $7,500.00 pc: Don Carroll, Weld County Public Works Chris Gathman, Weld County Planning Services 2014-2447 C:lUsersldbechlerlAppDatalLocal\MicrosoftlWindows\Temporary Internet Files\Content.Outlook\C07XGS5G\Final Release of Collateral (USR- 1670) NoCo Disposal-MEMO,docx Richard Hastings From: Sent: To: Subject: donfrei©aol,com Friday, August 01, 2014 7:48 AM Richard Hastings Release of collateral Hi Richard, "requesting a site inspection in order to obtain final release of collateral for USR-1670, In the amount of $7,500." If you have any question call me at (970) 3534090. Thanks! Don August 6, 2014 CLERK TO THE BOARD PHONE (970) 336-7215, Ext 4217 FAX: (970) 336-7233 P. O. BOX 758 GREELEY, COLORADO 80632 Donald and Carole Frei 337 East 8th Street Greeley, Colorado 80631 RE: Cancellation and release of Collateral for Use by Special Review Permit #1670 — Northern Colorado Disposal Donald and Carole Frei, On August 6, 2014, the Board of County Commissioners approved the cancellation and release of collateral for Use by Special Review Permit#1670, in the amount of $7,500.00. Enclosed is a copy of the Resolution signed by the Board of County Commissioners and a check for said amount. If you would like a copy of the recorded Resolution, you can contact the Clerk and Recorder's office at 970-304-6530. 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 By: Tisa Jua orena Deputy Clerk to the Board • Weld County. Colorado • sateasswordow 2014-2447 08/07/14 7,500.00 0,00 • WARRANT NUMBER 3299068 0.00 7,500.00 gLiz 4 Greeley, CO 80$34 Sawn 7houond Five Hur+dnid DeHBra PAY TO THE ORDER OF DONALD FREI CAROLE FREI 337 E 8TH ST GREELEY CO 80631 REMOVE DOCUMENT ALONG THIS PERFORATION NLESS BLUE AND BROWN Ar4 PRESENT Weld County By Order of Therd Ot County Comltltst'dners az�� 0 Care «s 2 (970)'356 FAX: (970 352.0242 DATE 8/13/2014 allimmlimaimminammaganisma Weld County 1150 0 Street P.O. Box 758 Greeley, CO 80632 DONALD FREI CAROLE FREI 337 E 8TH ST GREELEY CO 80631 3298088 U.S. Postal Service CERTIFIED MAIL RECEIPT (Domestic Mail Only; No insurance Coverage Provided) Poeteee Csnieod Fee Q I Rolm Receipt Fee (Endowment Renoir. l7Fiestneted De.. Fee Cr (Endorsement Required) T1J Total Poerage 6 Fees hold � 01Lr�lGFrl°! ....... _............. t 1'e `r X3'1 Vie_.._....._. CD go &�( II ii I"' Compleis Items 1. 2, and & Aleo complete Rem 4"Reeblotett Deliver Is dashed. ■ Not your name end ad reee on the feyerae eo that. can velum the card to you. • Attach this Card to the fleck of the meYpleoe. or Cn the front if ewe pemits. 1: AnICle Addroeeed to 'Ponca,' 4 Cara. Fret 33'1 € " S�rtet Grp eo 4o k3` 2.. Article Nlmbw (harnfierfrom ante ebbr$ D. Is delivery address different from Rent 1? 0 NW It YES, enter depvery address below: 0 No a Swim Type ACCertleeo Mfa o express Meil D Repbtarsd 0 Reim Receipt for Merchandise 0 Mewed Mil .0 C.O.D.' 4. Restricted DeNvwy? Pala Fee) 0 Yes 7004 2890 0003 5708 9950 PS Fonn 3811, Feefuery 2004 Domestic Return Receipt 10rans. .44.1540 /ln►cl ,LLil-i Nj RESOLUTION RE: APPROVE PARTIAL CANCELLATION AND RELEASE OF COLLATERAL FOR USE BY SPECIAL REVIEW PERMIT #1670 - NORTHERN COLORADO DISPOSAL 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 November 12, 2008, the Board approved the application of Lowell -Paul Dairy, Inc., 14332 County Road 64, Greeley, Colorado 80634, c/o Northern Colorado Disposal, Attn: Don Frei, 337 East 8th Street, Greeley, Colorado 80631, for a Solid Waste Disposal Site and Facility (recycling facility/transfer station) in the A (Agricultural) Zone District, on the following described real estate, to wit: Lot A of Recorded Exemption #449; being part of the Section 33, Township 6 North, Range 66 West of the 6th P.M., Weld County, Colorado, and WHEREAS, on September 21, 2009, the Board of County Commissioners of Weld County, Colorado, approved an Improvements Agreements 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 Northern Colorado Disposal, with terms and conditions being as stated in said agreement, and accepted Irrevocable Standby Letter of Credit No. ITIS-741345 from JP Morgan Chase Bank, N.A. Global Trade Services, 300 South Riverside Plaza, Mail Code IL 1-0236, Chicago, Illinois 60606-0236, in the amount of $194,600.00, and WHEREAS, staff from the Weld County Departments of Planning Services and Public Works have conducted a visual inspection and recommend a partial release of collateral in the amount of $187,100.00, and accepting replacement collateral from Donald and Carole Frei, 337 East 8th Street, Greeley, Colorado 80631, in the form of personal check #7112, in the amount of $7,500.00, to serve as Warranty Collateral for a one year period from the date of approval. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that Irrevocable Standby Letter of Credit No. ITIS-741345, drawn on JP Morgan Chase Bank, N.A. Global Trade Services, in the amount of $194,600.00 be, and hereby is, canceled and released, and personal check #7112, in the amount of $7,500.00, be and hereby is, accepted as Warranty Collateral. 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. jul11 11111 111111 111111 lull 1111 11111111111111111111111 3792192 09/14/2011 12:16P Weld County, 1 of 2 R n_n0 0 n.en Steve Mnrenn Clerk & Recorder P L0/ A) L6 2011-2375 9. 0-1- ( PL1991 CANCEL COLLATERAL - NORTHERN COLORADO DISPOSAL PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 7th day of September, A.D., 2011. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO / c-- ar• - - Kirkmey r, Chair Weld County Clerk to the Board ounty Attorney Date of signature: q - /3-r' / can P. 9onway;, 'ro-Tem I F. Garcia) �Jl David E. Long- , Fademache 1111111111111111111111 !III IIIl 1111111 lII 11111 III! 1111 3792192 09/14/2011 12:16P Weld County, CO 2 of 2 R 0.00 D Q.DO Steve Moreno Clerk & Renordvr 2011-2375 PL1991 MEMORANDUM TO: Clerk to the Board DATE: 8/30/2011 FROM: Richard Hastings, Public Works Department SUBJECT: BOCC Agenda Item: Partial Release of Collateral Northern Colorado Disposal (USR-1670) (PL1991, #2009-2491) Request for Partial Release of Collateral: The Department of Public Works received a request from the applicant, Don Frei/Northern Colorado Disposal, Inc., requesting an inspection of the property in order to obtain the partial release of collateral and to begin the one-year warranty period, for the improvements to the site, located at the southwest corner of the intersection of CR 31/59th Avenue and CR 64/O Street. Weld County Public Works Department performed a site inspection, at the above mentioned site, and observed the following: • All Public Works transportation related items on Exhibit A, of the Improvements Agreement According To Policy Regarding Collateral For Improvements, Document # 2009-2491, have been completed and are found to be acceptable. The initial seeding of vegetation, for erosion control measures, has not become established and will need to be re -seeded during the spring of 2012. Weld County Collateral List: Northern Colorado Disposal (PL 1991— 2009-2491 on 09/27/09) Imps Agrmt — Irrevocable Standby Letter of Credit #ITIS-741345 from JP Morgan Chase Bank Expires 09/01/2010 with additional 1 year, Unless 90 days notice Received notice from bank 05/26/10 — LOC will not be renewed. Amendment received 09/07/2010 Expires 09/01/2011 $194,600.00 Recommendation: The Departments of Public Works and Planning Services are recommending partial release of collateral, as shown above from the Weld County Collateral List, in the amount of $187,100.00 This leaves a balance of $7,500.00 to serve as Warranty Collateral for a period of one year from the date the Board of County Commissioners approves this request. The applicant will provide Warranty Collateral in the form of a personal check for $7,500.00 pc: Don Carroll, Weld County Public Works Chris Gathman, Weld County Planning Services M:\PLANNING — DEVELOPMENT REVIEW\USR-Use by Special Review \USR-1670 Northern Co Disposal\Partial Collateral Release (Northern Colorado Disposal USR-1670)-MEMO.docx Richard Hastings From: Sent: To: Subject: Rich, don5ei@aol.com Monday, August 29, 2011 10:12 AM Richard Hastings Warranty Collateral I am requesting a partial release of the collateral and acceptance of the $7,500.00 as warranty collateral for Northern Colorado Disposal (USR-1570). Thank you! Most sincerely, Don Frei President, Northern Colorado Disposal, Inc. T -30-t/ 7112 DONALD D. FREI 7 g2i0,..greet CAROLE A. FREI Ci 08i4 970-330-3434 GREELEY,CG 806311444e DATE. PAY TO TI3E•.: Loa rr y�� Q I $ ��}�� ORDER OF tJl7CICQ aki7�vJ J �14JO15Z DOLLARS 82-335/1070 0 Union Colony Bank FOR �u September 14, 2011 CLERK TO THE BOARD PHONE (970) 336-7215, Ext. 4227 FAX: (970) 352-0242 P. O. BOX 758 GREELEY, COLORADO 80632 Attn: Donald Frei Northern Colorado Disposal 337 East 8th Street Greeley, Colorado 80631 RE: Partial Cancellation and release of Collateral for Northern Colorado Disposal, USR #1670 Mr. Frei; On September 7, 2011, the Board of County Commissioners approved the partial cancellation and release of colalleral for Northern Colorado Disposal, USR #1670, in the amount of $194,600,00, as referenced above, and accepted cash collateral in the amount of $7,500.00. Enclosed is a copy of the Resolution signed by the Board of County Commissioners. If you would like to receive a recorded copy of the resolution, please contact the Recording Department at Weld County Government. The original Irrevocable Standby Letter of Credit No. IT IS -741345 for $194,600.00, has been returned to JPMorgan Chase Bank, N.A., 300 South Riverside Plaza, Mail Code IL1-0236, Chicago, Illinois 60606-0236. If you have questions or need additional information, please do not hesitate to contact me at (970) 336-7215, Extension 4227. Very truly yours, BOARD OF COUNTY COMMISSIONERS By:/ i/a. .� Donna J. B hler Deputy Clerk to the Board WELD BOUNTY L_____J CLERK TO THE BOARD PHONE (970) 336-7215, Ext. 4227 FAX: (970) 352-0242 P. O. BOX 758 GREELEY, COLORADO 80632 September 14, 2011 Attn: Standby Letter of Credit Department JPMorgan Chase Bank, N.A. 300 South Riverside Plaza Mail Code: IL1-0236 Chicago, Illinois 60606-0236 RE: Cancellation and release of Collateral — Northern Colorado Disposal, USR #1670 To Whom it May Concern: Attached hereto please find the Board of County Commissioners Resolution releasing the collateral for Northern Colorado Disposal, USR #1670, in the amount of $194,600.00, and the original Irrevocable Standby Letter of Credit #ITIS-741345 issued by JPMorgan Chase Bank, N.A., in the amount of $194,600.00. If you would like a recorded copy of the Resolution, you can contact the Recording Department of the Clerk and Recorder's Office with Weld County Government. If you have questions or need additional information, please do not hesitate to contact me at (970) 336-7215, Extension 4227 Very truly yours, BOARD OF COUNTY COMMISSIONERS By: / Donna J. Bey hler, Deputy Clerk to the Board JPMorganChase 0 JPMorgan Chase Bank, N.A. Global Trade Services 300 South Riverside Plaza Mail Code 1L1-0236 Chicago, IL 60606-0236 AMENDMENT NO.: 1 TO: BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO 915 TENTH STREET GREELEY, CO 80631 ATTN: CLERK TO THE BOARD APPLICANT: NORTHERN COLORADO DISPOSAL 337 E 8TH STREET GREELEY, CO 80631 IN ACCORDANCE WITH INSTRUCTIONS RECEIVED, THE ABOVE REFERENCED STANDBY LETTER OF CREDIT HAS BEEN AMENDED AS FOLLOWS: RECEIVER'S REFERENCE: NONREF NEW DATE OF EXPIRY: SEPTEMBER 1, 2011 WE HEREBY RESCIND OUR PREVIOUS NOTICE OF OUR ELECTION NOT TO EXTEND THIS LETTER OF CREDIT. THEREFORE, IN ACCORDANCE WITH THE TERMS AND CONDITIONS HEREOF, THE EXPIRATION DATE HAS BEEN AUTOMATICALLY EXTENDED TO THE NEW DATE OF EXPIRY INDICATED ABOVE AND THE AUTOMATIC EXTENSION PROVISION AS CONTAINED IN THIS LETTER OF CREDIT REMAINS IN FULL FORCE AND EFFECT. SHOULD YOU HAVE ANY QUESTIONS RELATIVE TO THIS CORRESPONDENCE, PLEASE CONTACT OUR CUSTOMER SERVICE UNIT AT (800) 634-1969, OPTION 1, AND HAVE THE LETTER OF CREDIT NUMBER AVAILABLE. 18330,1 Ofelia Rodriguez Page 1 of 2 JPMorganChase 0 JPMorgan Chase Bank, N.A. Global Trade Services 300 South Riverside Plaza Mail Code IL I -0236 Chicago, IL 60606-0236 SEP 7, 2010 OUR L/C NO.: ITIS-741345 AMENDMENT NO.: 1 ALL OTHER TERMS AND CONDITIONS OF THE CREDIT REMAIN UNCHANGED. AUTHORIZED SIGNA 183304 Ofelia Rodriguez Page 2 of 2 JPMorganChase 0 JPMorgan Chase Bank, N.A. Global Trade Services 300 South Riverside Plaza Mail Code IL1-0236 Chicago, IL 60606-0236 MAY 26, 2010 L/C NO.: ITIS-741345 ITEM NO: 0004 TO: BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO 915 TENTH STREET GREELEY, CO 80631 ATTN: CLERK TO THE BOARD RE: ITIS-741345 RE OUR L/C ITIS-741345 IN YOUR FAVOR FOR THE ACCOUNT OF NORTHERN COLORADO DISPOSAL IN ACCORDANCE WITH THE TERMS OF THE ABOVE REFERENCED LETTER OF CREDIT, THE PURPOSE OF THIS LETTER IS TO NOTIFY YOU THAT THIS LETTER OF CREDIT WILL NOT BE AUTOMATICALLY EXTENDED FOR ANY ADDITIONAL PERIODS. THEREFORE, THIS LETTER OF CREDIT WILL EXPIRE ON ITS CURRENT EXPIRY DATE OF SEPTEMBER 01, 2010. ALL CORRESPONDENCE AND ANY DRAWINGS PRESENTED ARE TO BE DIRECTED TO OUR OFFICE AT: 300 S. RIVERSIDE PLAZA, MAIL CODE: IL1-0236 , CHICAGO, IL 60606-0236 ATTENTION: STANDBY LETTER OF CREDIT DEPARTMENT. CUSTOMER INQUIRY NUMBERS ARE 1-800-634-1969 CHOOSE OPTION NUMBER 1. THIS IS A COMPUTER GENERATED ADVICE AND NO AUTHORIZED SIGNATURE IS REQUIRED. .1841 Ofclia Rodriguez Page lof'1 JPMorganChase 0 JPMorgas Chase Bask, N.A. Global Trade Services 300 South Riverside Plaza Mail Code IL1-0236 Chicago, IL 60606-0236 SEP 15, OUR L/C NO.: ITIS-741345 IRREVOCABLE STANDBY LETTER OF CREDIT NO. ITIS-741345 DATED: SEPTEMBER 15, 2009 BENEFICIARY: BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO 915 TENTH STREET GREELEY, CO 80631 ATTN: CLERK TO THE BOARD BY THE ORDER OF: APPLICANT: NORTHERN COLORADO DISPOSAL 337 E 8TH STREET GREELEY, CO 80631 WE HEREBY ISSUE IN YOUR FAVOR OUR IRREVOCABLE STANDBY LETTER OF CREDIT NO. ITIS-741345 FOR THE ACCOUNT OF NORTHERN COLORADO DISPOSAL FOR AN AMOUNT OR AMOUNTS NOT TO EXCEED IN THE AGGREGATE U.S. $194,600.00 (ONE HUNDRED NINETY FOUR THOUSAND SIX HUNDRED AND NO/100 U.S. DOLLARS) AVAILABLE BY YOUR DRAFTS AT SIGHT DRAWN ON JPMORGAN CHASE BANK, N.A., CHICAGO, IL EFFECTIVE IMMEDIATELY AND EXPIRING AT OUR OFFICE ON SEPTEMBER 1, 2010. FUNDS UNDER THIS LETTER OF CREDIT ARE AVAILABLE AGAINST YOUR DRAFT(S) AS HEREIN ABOVE SET FORTH MARKED "DRAWN UNDER JPMORGAN CHASE BANK, N.A. LETTER OF CREDIT NO. ITIS-741345" AND ACCOMPANIED BY THE FOLLOWING: BENEFICIARY'S DATED STATEMENT, SIGNED BY AN AUTHORIZED REPRESENTATIVE OF THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO, SIGNING AS SUCH, READING AS FOLLOWS: "THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO HEREBY CERTIFIES THAT IT IS ENTITLED TO DRAW U.S. DOLLARS (AMOUNT IN WORDS) (U.S. $ ) UNDER JPMORGAN CHASE BANK, N.A. LETTER OF CREDIT NUMBER ITIS-741345 DATED SEPTEMBER 15, 2009 BECAUSE NORTHERN COLORADO DISPOSAL HAS DEFAULTED ON ITS OBLIGATIONS UNDER THE IMPROVEMENTS AGREEMENT, NORTHERN COLORADO DISPOSAL-USR-1670 DATED APRIL 3, 2009 BETWEEN NORTHERN COLORADO DISPOSAL AND THE COUNTY OF WELD, COLORADO BY (STATE NATURE OF DEFAULT)." 162703 Rahul Kumar Page 1 of 4 JPMorganChase Cj JPMorgan Chase Bank, N.A. Global Trade Services 300 South Riverside Plaza Mail Code ILI-0236 Chicago, IL 60606-0236 SEP 15, 2009 OUR L/C NO.: ITIS-741345 PARTIAL AND MULTIPLE DRAWINGS ARE PERMITTED. IT IS A CONDITION OF THIS LETTER OF CREDIT THAT THE EXPIRATION DATE SHALL BE AUTOMATICALLY EXTENDED WITHOUT AMENDMENT FOR ONE (1) YEAR FROM THE EXPIRATION DATE HEREOF OR ANY FUTURE EXPIRATION DATE UNLESS AT LEAST NINETY (90) DAYS PRIOR TO SUCH EXPIRATION DATE WE SEND NOTICE TO YOU BY HAND DELIVERED COURIER, AT THE ADDRESS STATED ABOVE, THAT WE ELECT NOT TO EXTEND THIS LETTER OF CREDIT FOR ANY SUCH ADDITIONAL PERIOD. HOWEVER, IN NO EVENT WILL THIS LETTER OF CREDIT BE AUTOMATICALLY EXTENDED BEYOND THE FINAL MATURITY DATE OF SEPTEMBER 1, 2011. IN THE EVENT YOU RECEIVE SUCH NOTIFICATION, YOU MAY DRAW ON US FOR THE AMOUNT AVAILABLE UNDER THE LETTER OF CREDIT, BY PRESENTATION OF (A) A SIGHT DRAFT DRAWN ON JPMORGAN CHASE BANK, N.A. AND (B) A DATED STATEMENT, SIGNED BY AN AUTHORIZED REPRESENTATIVE OF THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO, SIGNING AS SUCH, READING AS FOLLOWS: "WE HAVE RECEIVED NOTIFICATION FROM JPMORGAN CHASE BANK, N.A. THAT LETTER OF CREDIT NO. ITIS-741345 WILL NOT BE EXTENDED FOR A FURTHER PERIOD AND THAT NORTHERN COLORADO DISPOSAL HAS FAILED TO REPLACE THIS LETTER OF CREDIT OR PROVIDE OTHER ACCEPTABLE SECURITY.. THIS LETTER OF CREDIT MAY BE CANrKT.T.F;D PRIOR TO EXPIRATION PROVIDED THE ORIGINAL LETTER OF CREDIT (ANY AMENDMENTS, IF ANY) ARE RETURNED TO JPMORGAN CHASE HANK, N.A., CHICAGO, IL WITH A STATEMENT SIGNED BY THE BENEFICIARY STATING THAT THE ATTACHED LETTER OF CREDIT IS NO LONGER REQUIRED AND IS BEING RETURNED TO THE BANK FOR CANCELLATION. THIS LETTER OF CREDIT IS TRANSFERABLE IN WHOLE BUT NOT IN PART, AND MAY BE TRANSFERRED ONE OR MORE TIMES, AND EXCEPT AS EXPRESSLY STATED HEREIN, IS TRANSFERABLE IN ACCORDANCE WITH THE UCP PUBLICATION NO. 600. ANY TRANSFER REQUEST MUST BE PRESENTED TO US WITH THE ATTACHED FORM TOGETHER WITH THE ORIGINAL LETTER OF CREDIT. TRANSFERS TO DESIGNATED FOREIGN NATIONALS AND/OR SPECIALLY DESIGNATED NATIONALS ARE NOT PERMITTED AS BEING CONTRARY TO THE U.S. TREASURY DEPARTMENT OR FOREIGN ASSETS CONTROL REGULATIONS. TRANSFER CHARGES ARE FOR THE ACCOUNT OF THE APPLICANT. THE CORRECTNESS OF THE SIGNATURE AND TITLE OF THE PERSON SIGNING THE 162703 Rahul Kumar Page 2 of 4 JPMorganChase 0 JPMorgan Chase Bank, N.A. Global Trade Services 300 South Riverside Plaza Mail Code ILI-0236 Chicago, IL 60606-0236 TRANSFER FORMS MUST BE VERIFIED BY YOUR BANK. SEP 15, 2009 OUR L/C NO.: ITIS-741345 THIS LETTER OF CREDIT SETS FORTH IN FULL THE TERMS OF OUR UNDERTAKING, AND SUCH UNDERTAKING SHALL NOT IN ANY WAY BE MODIFIED, AMENDED OR AMPLIFIED BY REFERENCE TO ANY DOCUMENT, INSTRUMENT OR AGREEMENT REFERRED TO HEREIN OR IN WHICH THIS LETTER OF CREDIT IS REFERRED TO OR TO WHICH THIS LETTER OF CREDIT RELATES, AND ANY SUCH REFERENCE SHALL NOT BE DEEMED TO INCORPORATE HEREIN BY REFERENCE ANY DOCUMENT, INSTRUMENT OR AGREEMENT. WE ENGAGE WITH YOU THAT DRAFTS DRAWN UNDER AND IN CONFORMITY WITH THE TERMS AND CONDITIONS OF THIS CREDIT WILL BE DULY HONORED ON PRESENTATION IF PRESENTED ON OR BEFORE THE EXPIRATION AT OUR COUNTERS AT 300 SOUTH RIVERSIDE PLAZA, MAIL CODE IL1-0236, ATTN: STANDBY LETTER OF CREDIT UNIT, CHICAGO, IL 60606-0236. THE ORIGINAL LETTER OF CREDIT MUST ACCOMPANY THE DOCUMENTS REQUIRED UNDER THIS CREDIT FOR ENDORSEMENT. DRAWINGS UNDER THIS LETTER OF CREDIT PRESENTED BY TELEFACSIMILE ("FAX") TO FAX NUMBER 312-954-2457, OR ALTERNATELY TO FAX NUMBER 214-954-0203 ARE ACCEPTABLE, UNDER TELEPHONE PRE -ADVICE TO 312-954-5603, OR ALTERNATELY TO 1-800-634-1969, OPTION #1, PROVIDED THAT SUCH FAX PRESENTATION IS RECEIVED ON OR BEFORE THE EXPIRY DATE ON THIS INSTRUMENT IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THIS LETTER OF CREDIT. FURTHER PRESENTATION OF ORIGINAL DOCUMENTS IS NOT REQUIRED. PRESENTATIONS MADE UNDER AND IN COMPLIANCE WITH THE TERMS AND CONDITIONS OF THIS LETTER OF CREDIT RECEIVED AT OUR OFFICE PRIOR TO 11:00A.M. CENTRAL TIME ON A BUSINESS DAY WILL BE DULY HONORED ON THE NEXT BUSINESS DAY. PRESENTATIONS MADE UNDER AND IN COMPLIANCE WITH THE TERMS AND CONDITIONS OF THIS LETTER OF CREDIT RECEIVED AT OUR OFFICE AFTER 11:00A.M. CENTRAL TIME ON A BUSINESS DAY WILL BE DULY HONORED ON THE SECOND BUSINESS DAY FOLLOWING PRESENTATION. IF REQUESTED BY YOU, PAYMENT UNDER THIS LETTER OF CREDIT MAY BE MADE BY DEPOSIT OF IMMEDIATELY AVAILABLE FUNDS INTO A DESIGNATED ACCOUNT THAT YOU MAINTAIN WITH JPMORGAN CHASE BANK, N.A. OR BY WIRE TRANSFER DIRECTLY TO AN ACCOUNT DESIGNATED BY BENEFICIARY. AS USED HEREIN, THE TERM "BUSINESS DAY" MEANS ANY DAY OTHER THAN A SATURDAY, SUNDAY, OR A DAY ON WHICH BANKS IN THE STATE OF ILLINOIS ARE AUTHORIZED OR REQUIRED BY LAW TO BE CLOSED, AND A DAY ON WHICH PAYMENTS CAN BE EFFECTED ON THE FEDWIRE SYSTEM. 162703 Rahul Kumar Page 3 of 4 6 Jo b' d reutnx 1,11 £0e29[ 3uf WYI is aaz iu BS11Y • H'INY'IIYAY umulM XIa2UD 30 2131 LTI SIBS 3AYH ONY 'I NOIXdO s33zaS `6961-Vi59-008-T IT limn S0IAHSS iNSI'I0 ISONVXS �IHs IOYIN0O NSY3Za ' SDNYSSISSY 3N0Ha3'ISI 2103 • SAoSY aaMOIZNNW NNHN(IN IICIMIO 30 2NSss3Z 3HI JNIQn'I3NI '9£ZO-90909 ZI 'oeyOIHO '9£ZO-T'II 3ao0 ZINN 'YZY'Ia SaISNafIN • S 00£ 'LINO sraNY3 30 2i3ss5'I xHa5YSs ails 3o MOISN3slY aus os 11055O 30 NSss3'I SIBS SMIaNYOSu SONSaMOdsSNYO0 arx SSSuaaY asvaaa SMY'I 3o X0I73NO0 30 Saa7dI3NINd 0Z aNYozu snoHSIM 'IOu1N00 TIIM 11110X MEN 3o BSYIS 3Hs 10 SMY'I BHs 'X0173MO0 AMY 30 INNAS MIX NI ONY '009 ON NOIMVOI7Rnd 535 55NO3 30 N38NYH0 IYNOIIYNSLINI ' (NOISIASM LOOZ) ssra5u3 XNYSN5in3oa 503 53Is3V5a aMY sWossn3 pluoIINO SHs ox 'NINMSH aaxvms xassaaara aasimuSHso SY sa53X3 ' aNY ' YNOX MaSM 30 3LYZs Sill 30 smva aaHI HSIM 33NYa25O00Y MI aSfNssMO3 aNY 'AS aNNNSAOO sI 1I0253 .30 NBssaal SIBS Sb£T9L-SISI :•oN 0/7 Mao 600Z 'SI d35 9£Z0-90909'II `0ft,!4D 9£Z0-11I'POD ("P4 "Id aP►.a"R1 (1n°S 00£ saoin!OS'p"i IEQolD y (1 •�usg "'ID esaioPldf O aseyouebJowdf Request fora Full Transfer of the below referenced Standby Letter of Credit JPMorganChase 1 j Date: Reference: ITIS-741345 To: JPMorgan Chase Bank, N.A. and/or its subsidiaries and/or affiliates. " Transferring Bank" (Issuing Bank's Letter of Credit Number) (Advising Bank's Reference Number, if applicable) We, the undersigned "First Beneficiary", hereby irrevocably transfer all of our rights to draw under the above referenced Letter of Credit ("Credit") in its entirety to: Advise through: (Print Name and complete address of the Transferee) "Second Beneficiary" (Print Name/address of Second Beneficiary's Bank, if known - if left blank, the Transferring Bank will select the advising bank) In accordance with UCP 600 Article 38 or ISP 98, Rule 6 regarding transfer of drawing rights (whichever set of rules the Credit is subject to), all rights of the undersigned First Beneficiary in such Credit are transferred to the Second Beneficiary. The Second Beneficiary shall have the sole rights as beneficiary thereof, including sole rights relating to any amendments whether increases or extensions or other amendments and whether now existing or hereafter made. All amendments are to be advised directly to the Second Beneficiary without necessity of any consent of or notice to the undersigned First Beneficiary. The original Credit, including amendments to this date, is attached and the undersigned First Beneficiary requests that you endorse an acknowledgment of this transfer on the reverse thereof The undersigned First Beneficiary requests that you notify the Second Beneficiary of this Credit in such form and manner as you deem appropriate, and the terms and conditions of the Credit as transferred. The undersigned First Beneficiary acknowledges that you incur no obligation hereunder and that the transfer shall not be effective until you have expressly consented to effect the transfer by notice to the Second Beneficiary. If you agree to these instructions, please advise the Second Beneficiary of the terms and conditions of the transferred Credit and these instructions. First Beneficiary represents and warrants to Transferring Bank that (i) our execution, delivery, and performance of this request to Transfer (a) are within our powers and have been duly authorized (b) constitute our legal, valid, binding and enforceable obligation (c) do not contravene any charter provision, by-law, resolution, contract, or other undertaking binding on or affecting us or any of our properties and (d) do not require any notice, filing or other action to, with, or by any governmental authority (ii) we have not presented any demand or request for payment or transfer under the Credit affecting the rights to be transferred, and (iii) the Second Beneficiary's name and address are correct and complete and the transactions underlying the Credit and the requested Transfer do not violate applicable United States or other law, rule or regulation, including without limitation U.S. Foreign Asset Control regulations. We further agree to indemnify and hold harmless you and each of your directors, officers and employees (each an "Indemnitee" and collectively, "Indemnitees") from and against any losses, damages, liabilities, claims, costs and expenses (including reasonable attorneys' fees) to which any Indemnitee may be subject or which any Indemnitee may incur, directly or indirectly, arising out of or relating to (i) any breach by us of the representations and warranties herein; and (ii) our failure to remit to you, upon demand, funds paid to us despite the Transfer. Stby Appl Chg Rev. 06/29/2007 The Effective Date shall be the date hereafter on which Transferring Bank effects the requested transfer by acknowledging this request and giving notice thereof to Second Beneficiary. WE WAIVE ANY RIGHT TO TRIAL BY JURY THAT WE MAY HAVE IN ANY ACTION OR PROCEEDING RELATING TO OR ARISING OUT OF THIS TRANSFER. This Request is made subject to the same International Chamber of Commerce Publication as and if stipulated in the Credit (and the ISP 98 if not so stipulated) and is subject to and shall be governed by the laws of the State of New York, without regard to principles of conflict of laws. The urilersigned submits to the nonexclusive jurisdiction of any state or federal court located in the Borough of Manhattan, City of New 'Ark, New York, for itself and its property and agrees that any such court shall be a proper forum for any action or suit brought by yoi. Sincerely yours, (Print Name ofFimt Beneficiary) (Print Authorized Signals Name and Title) - (Authorized Egranure) (Print Second Authorized Signers Name and Title, if required) (Second Authorized ligature, if required) (Telephone Number/Fax Number) SIGNATURE GUARANTEED Signature(s) with title(s) conform(s) with ihat/tbose on file with us for this individual, entity or company and signer(s) is/are authorized to execute this agreement. (Print Name of Bank) (Address of Bank) (City, State, Zip Code) (Print Name and Title of Authorised Signer) (Authorized Signature) (Telephone Number) (Date) Stby Appl Chg Rev. 06/29/2007 2 7005 1820 0003 U.S. Postal Service,. CERTIFIED MAIL, RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted [)slivery Fee (Endorsement Required) Total Postage & Fees Sent o or POBox N 41, a79, ZIPa4 SENDER: COMPLETE rH/S SECTION • Complete ferns 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: O No 1. Article Addressed to: din.'s%and Le# erpraTel ,Leaf ��°�Io(IIIjjryyyyyyr��e4� C4 ≤e slr M / Sees Mder6;c/e 4a;/ dode CA; s 0,1% .4 t eide :ct lee 133,a/ be 3. jail/IT:Type Wit ❑ Express Mail O Registered O Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Eet,e Fee) ❑ Yee 2. Article Number (Transfix from service label) 7005 1820 0003 5225 0655 PS Form 3811, February 2004 Domestic Return Receipt t o2ar.ttoo 021 RESOLUTION RE: APPROVE IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS, AUTHORIZE CHAIR TO SIGN, AND ACCEPT COLLATERAL FOR USE BY SPECIAL REVIEW PERMIT #1670 - NORTHERN COLORADO DISPOSAL 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 November 12, 2008, the Weld County Board of Commissioners approved Use by Special Review Permit #1670, for Lowell -Paul Dairy, Inc., 14332 County Road 64, Greeley, Colorado 80634, do Northern Colorado Disposal, Attn: Don Frei, 337 East 8th Street, Greeley, Colorado 80631, fora Solid Waste Disposal Site and Facility (recycling facility/transfer station) in the A (Agricultural) Zone District, on the following described real estate, to -wit: Lot A of Recorded Exemption #449; being part of Section 33, Township 6 North, Range 66 West of 6th P.M., Weld County, Colorado WHEREAS, pursuant to certain Conditions of Approval, the Board has been presented with an ImprovementsAgreement 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 Northern Colorado Disposal, with terms and conditions being as stated in said agreement, and WHEREAS, the Board has been presented with Irrevocable Standby Letter of Credit No. ITIS-741345 from JP Morgan Chase Bank, N.A., Global Trade Services, 300 South Riverside Plaza, Mail Code IL1-0236, Chicago, Illinois 60606-0236, in the amount of $194,600.00, and WHEREAS, after review, the Board deems it advisable to approve said agreement and accept said Irrevocable Standby Letter of Credit 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 Northern Colorado Disposal, be, and hereby is, approved. BE IT FURTHER RESOLVED that Irrevocable Standby Letter of Credit No. ITIS-741345 from JP Morgan Chase Bank, N.A., Global Trade Services, 300 South Riverside Plaza, Mail Code IL1-0236, Chicago, Illinois 60606-0236, in the amount of $194,600.00, be and hereby is, accepted. 11111131111111111111111 1111111 III 11111 HI! IHI 2009-2491 3654021 10/14/2009 10:49A Weld County, CO PL1991 f�/ 1 of 18 R 0.00 0 0.00 Steve Moreno Clerk & Recorder r7 j r �� pt,/7550/0,___ l/b IMPROVEMENTS AGREEMENT - NORTHERN COLORADO DISPOSAL PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 21st day of September, A.D., 2009. Weld County Clerk to ounty Attorney Date of signature: lru 11111111111111111111111 11111 IIII 1111111 III IIIII IIII IIII 3654021 10/14/2009 10:49A Weld County, CO 2 of 18 R 0.00 D 0.00 Steve Moreno Clerk & Recorder BOARD 0 W&LD CCS COUNTY COMMISSIONERS TY, COLORADO William F. Garcia, Chair EXCUSED Douglas Rademacher, Pro-Tem Seam'. Conway g J.A. Kirkmeyer \.c (``,/ ''''yDavid E. Long 2009-2491 PL1991 1,4 COLORADO MEMORANDUM TO: Board of County Commissioners 9/17/2009 FROM: Chris Gathman - Planner II ry ` , SUBJECT: Acceptance of Collateral for USR-1670 (Northern Colorado Disposal) On November 12, 2009, the Board of County Commissioners approved USR-1670 (Northern Colorado Disposal) for a recycling facility/transfer station. The improvements agreement and collateral has been reviewed by the Department of Public Works and Department of Planning Services and it has been determined that the amount of collateral is sufficient to cover the proposed on -site and offsite improvements. On -Site and Off - Site Improvements amount to $194,600.50. The Department of Public Works and Planning Services recommends acceptance of this collateral. SERVICE, TEAMWORK. INTEGRITY, QUALITY 2009-2491 IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS Northern Colorado Disposal -- USR-1670 yy�� THIS AGREEMENT, made and entered into this 3 day of Pf'1 L 2oY 9 by and between the County of Weld, State of Colorado, acting through its Board of County Commissioners, hereinafter called "County," and Northern Colorado Disposal, hereinafter called "Property Owner." WITNESSETH: WHEREAS, Property Owner is the owner of, the following described property in the County of Weld, Colorado: Lot A of Recorded Exemption #449;being part of Section 33, Township 6 North, Range 66 West of the 6th P.M., Weld County, Colorado and hereinafter referred to as "the Property," and WHEREAS, Property Owner has acquired land use permits from County for a Solid Waste Disposal Site and Facility (Recycling Facility/Transfer Station) on approximately 6 acres on the above described real property, and the County is currently in the process of considering an Use - by -Special Review for the Property, and WHEREAS, the Properly Owner acknowledges that the issuance of USR-1670 is conditional upon Property Owner's performance of the on -site and off -site improvements which arc described in this Agreement and depicted in a set of plans provided by Property Owner (hereinafter referred to as "Plans", a copy of which is attached to this Agreement and made a part hereof, and WHEREAS, Property Owner acknowledges that it may not engage in any activity related to the businesses described above until said improvements have been completed, and WHEREAS, the parties agree that Property Owner shall not be required to commence work on the on -site or off -site improvements, nor to provide collateral for said improvements until Property Owner submits an application for grading, and NOW, THEREFORE, IN CONSIDERATION OF the foregoing and of the promises and covenants contained herein, the parties hereto promise, covenant and agree as follows: A. Required Oft -Site Improvements 1.0 Weld County Road 64: The safety improvements shall include: construction of adequate paved turning radii (60') at the main entrance onto WCR 64, drainage and signage installations, as indicated on the approved construction plans. The paved asphalt driveway entrance improvements will extend into the site from WCR 64 to the gateilleket-bor and allow for adequate stacking of vehicles, as indicated on the approved construction plans. 1 kron} o4 -}kc D' wcc1h; n1 sc•,1e 111111111111111111111111111111111111111 III 111111111 IIII 3654021 10/14120(19 10:49A Weld County, CO 3 of 18 R 0.00 0 0.00 Steve Moreno Clerk & Recorder 0?002- 2.0 Road Improvements Responsibilities: Property Owner is solely responsible for all designated improvements on WCR 64, and for any construction improvements mandated by the Colorado Department of Transportation (hereinafter "CDOT"), and for all expenses associated therewith. These responsibilities include, but are not limited to the following: utility locates; right-of-way clearances and permits; coordination with oil and gas operators and facilities, affected railroad facilities and affected irrigation facilities; traffic control; and project safety during construction. Property Owner shall obey all applicable regulations issued by the Occupational Safety and Health Administration (hereinafter "OSHA"), CDOT, Colorado Department of Public Health and Environment, (hereinafter "CDPHE") and other regulatory agencies. 3.0 Engineering Design and Construction Plans: All engineering designs and construction plans provided by Property Owner shalt include, at a minimum, ingress/egress entrance intersection layouts, grading, drainage, a cross section of the base/asphalt, approach roads, and adequate turning radii, and pavement markings. In addition a geotechnical design is required on the depth of asphalt on WCR 64, to accommodate heavy truck traffic. These plans, when accepted by the Weld County Engineer, shall be a part of the Plans, which are a part of this Agreement. 4.0 Construction Standards: All construction and materials controls for a project shall conform to the requirements in effect as the time of the completion of the improvements set forth in the "Standard Specifications for Road and Bridge Construction" provided by CDOT. During construction, signage shall be posted in accordance with the then current version of the "Manual of Uniform Traffic Control Devices". 5.0 Effect of Future Changes to Haul Routes: In the event that County should approve the use of an additional haul route or an alternative haul route which Property Owner may request as a result of a change in Property Owner's site activities and/or truck circulation patterns, and if the alternative or additional haul route utilizes an unpaved portion of County roads, and if County determines that dust control or paving is required on the unpaved portion of said roads, Property Owner agrees that dust control or paving measures to protect the public health, safety, and welfare shall be instituted. County will determine the proportionate share of dust control and paving costs to be paid by Property Owner based upon truck trip counts that identify traffic loading due to Property Owner -sourced traffic. The amount and extent of dust control and paving measures will be determined by site -specific conditions at the time, as determined exclusively by County personnel. 6.0 Future Improvements: Future improvements to the haul route may be required by County for reasons related to: changes in site activity or truck circulation patterns and numbers, roadway classification changes, and newly permitted facilities affecting the haul route traffic usage. Property Owner shall address all Colorado Department of Transportation (CDOT) access issues associated with afore -mentioned haul route. Future CDOT mandated measures may include improvements to the intersection of WCR 64/Ost. and WCR 3I/59`h Ave. Property Owner shall pay a proportionate cost share based on the number of truck trips using then current data on the haul route in the implementation of the above -mentioned improvements. County personnel alone shall make all determinations regarding the gathering of and use of traffic data when snaking decisions regarding cost sharing. 2 i Diu n�u iiw Mui 111111 nuuuu Niu im im 3654021 10/14/20(19 10:49A Weld County, CO 4 of 18 R 0.00 0 0.00 Steve Moreno Clerk & Recorder B. Haul Routes: 1.0 Established Haul Routes: All trucks will enter and exit the site via the proposed access road directly onto WCR 64 at the plant site. The designated haul route shall be east or west from the facility, allowing dispersal in any direction. In unusual or rare occasions, if particular projects mandate deviation front the above -mentioned haul route for a limited period of time, and if County approves such deviation, trucks will utilize paved county roads whenever possible. All haul trucks shall not exceed COOT required specifications for pounds per axle. 2.0 Haul Route Sianace: Property Owner shall install haul route signs at all exit points of the Property which can be clearly seen by drivers leaving the facility and which clearly depict County approved haul routes. 3.0 No deviation from Permitted Haul Routes: No deviation in the use of any roads other than those specifically authorized for use in this Agreement is permitted without the prior written amendment of this Agreement. C. Road Maintenance Requirements: 1.0 Obligation to Maintain Current and Future Haul Routes: Property Owner agrees to excavate, repair, or patch any damage on WCR 64 from the facility entrance to the intersection of WCR 64/Ost. and WCR 31/59'"Ave., which in the sole opinion of County has been created by heavy truck hauling from the Property. Should Properly Owner's site activities and/or should Property Owner's truck circulation patterns change in the future so that County approves an alternate haul route, and all or a significant portion of Property Owner's sourced traffic no longer utilizes the above -described haul route and instead utilizes other portions of County roads, Property Owner shall cooperate with County in maintenance of said roads. The type and method of repair will be determined by the County Engineer or his representative, and shall require a written amendment to this Agreement executed by County and Property Owner. All repairs shall commence within thirty (30) days of receipt of Weld County's written notice. 2.0 Annual Road Inspection: County will conduct a road inspection annually with the cooperation of Property Owner and all other Property Owners who are required by County to participate in road improvement/maintenance agreements. As a result of the annual inspection, County, in its sole discretion, shall determine actual conditions and shall further determine what road improvement/maintenance work is to be performed during that construction season. 3.0 Future Road Replacement: At any time in the future, if, in the opinion of County, road damage increases beyond the point that repair of damage cannot maintain the road in a safe and usable condition, Property Owner shall pay a proportionate cost of a complete restoration based on the number of then current truck trips on the haul route. 4.0 Sharing of Road Maintenance Responsibilities with Other Property Owners: It is anticipated that Property Owner and other Property Owners subject to agreements similar to this Agreement will perform the required road maintenance work and will share in the equipment, labor, and materials required. Any such sharing arrangement between Property Owner and others shall be conducted pursuant to separate agreements between the Property Owner and other Property Owners. County shall approve the Agreements only to determine whether the required 3 1 11111111111 111111 tllti 11111 liii I l 11111 11111111 I I I 11111 3654021 10/14/2009 10:49A Weld County, CO 5 of 18 R 0.00 0 0.00 Steve Moreno Clerk & Recorder improvements/maintenance projects have been adequately addressed. County alone shall determine the sufficiency of all road improvement/maintenance projects when completed. 5.0 Violation of Terms of Agreement: If Property Owner does not perform as outlined in this Agreement and Exhibits A, and B such non-performance will constitute a violation of Property Owner's land use permits granted by County, and County will take whatever remedial measures it deems necessary, against Property Owner. In addition to any other remedy available to the County in law or equity, a failure to comply with this Agreement shall be considered grounds for revocation of USR-1670 as it now exists or may, from time to time, be amended in accordance with the procedures of the Weld County Code. D. On -Site Improvements: 1.0 Landscaping and Fencing Requirements: Property Owner shall landscape and maintain the landscaping of the property. Specifically, Property Owner shall at its own expense, plant, install and maintain all trees, grass and shrubs and other landscaping described and enumerated on Exhibits A and B which are attached to this Agreement. Additionally, the Property Owner shall install and maintain fencing to screen the exterior of the property. Specifically, Property Owner shall at its own expense install and maintain fencing described and enumerated on Exhibits A and B which are attached to this agreement. 2.0 On -Site Grading, Drainage Facilities and Paving: Property Owner shall, at its own expense, grade, pave specified roadway portions, and install accepted drainage facilities, in the interior portion of the property in accordance with the directives of the Weld County Department of Public Works and Department of Planning, as described in Exhibits A and B which are attached to this Agreement. Refer to Section A., paragraph 1.0 of this agreement for specific paving requirements extending into the facility site from WCR 64. Additional infrastructure improvements will be addressed at the time of application for an USR. 3.0 Timing of Improvements: Property Owner shall not be required to complete the landscaping requirements until the occurrence of the triggering event for all improvements, namely the application of the grading permit or an amendment to the existing USR. At that time, Property Owner agrees that all landscaping shall be completed within the parameters established in Exhibit B. E. General Requirements: 1.0 Engineering Services: Property Owner shall furnish, at its own expense, all engineering services in connection with the design and construction of the improvements listed on Exhibit "A," according to the construction schedule set forth in Exhibit "B," both of which are attached hereto and incorporated herein by reference. 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. 4 I 111111111111111111111111111111111111111111111 VII IN 3654021 10/14/20119 10:49A Weld County, CO 6 of 18 R 0.00 0 0.00 Steve Moreno Clerk Recorder 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 County. 1.3 Property Owner shall furnish construction drawings for the road improvements on public rights -of -way or easements and all improvements interior on the Property for approval prior to the letting of any construction contract. 2.0 Rights -of -way and Easements: Before commencing the construction of any improvements herein agreed upon for public rights -of -way or easements, Property Owner shall acquire, at its own expense, good and sufficient rights -of -way and easements on all lands and facilities traversed by the proposed improvements. All such rights -of -way and easements used for the construction of roads to be accepted by the County shall be conveyed to the County and the documents of conveyance shall be furnished to the County for recording. 3.0 Construction: Property Owner shall furnish and install, at its own expense, the improvements listed on Exhibit "A," which is attached hereto and incorporated herein by reference, with the improvements interior to the Property being completed by the dates set forth on Exhibit "B", and improvements to public rights -of -way or easements being completed also in accordance with the schedule set forth in Exhibit "B" The Board of County Commissioners, at its option, may grant an extension of the time of completion stated herein upon application by the Property Owner. 3.1 Said construction shall be in strict conformance to the plans and drawings approved by the County and the specifications adopted by the County. 3.2 Property Owner shall employ, at its own expense, a qualified testing company previously approved by the County to perform all testing of materials or construction; and shall furnish copies of test results to the County. 3.3 At all times during said construction, the County shall have the right to test and inspect, or to require testing and inspection of material and work, at Property Owner'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 Property Owner's expense. 3.4 Said USR improvements shall be completed, according to the terms of this 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 of items shown on Exhibit "A" upon application of the Property Owner subject to the terms of Section 6 herein. 4.0 Release of Liability: Property Owner 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 5 �mill 1111111110NIIf111111111111111111111IIIti11 3854021 10/14/2009 10:49k Weld County, 7 of 18 R 0.00 0 0.00 Steve Moreno Clerk & Recorder 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 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 accordance with the laws and regulations of the State of Colorado governing occupational safety and health. 5.0 Warranty of Road Improvements: Property Owner shall warranty all improvements to public rights -of -way, including all privately created and maintained roads or rights -of -way, or easements for a period of one (1) year. The warranty period shall begin only after the County's execution of a written acceptance of the improvement(s). 6.0 Acceptance of Improvements by the County: Upon compliance with the following procedures by the Applicant, the improvements shall be deemed accepted by the County. 6.1 If desired by the County, portions of the improvements may be placed in service when completed according to the schedule shown on Exhibit "B," but such use and operation shall not constitute an acceptance of said portions. 6.2 County may, at its option, issue building permits for construction on lots for which the improvements detailed herein have been started but not completed as shown on Exhibit "B," and may continue to issue building permits so long as the progress of work on the USR improvements in that phase of the USR is satisfactory to the County, and all terms of this Agreement have been faithfully kept by Applicant. 6.3 Upon completion of the construction of improvements within the USR and required offsite improvements, and the filing of a Statement of Substantial Compliance, the applicant(s) may request in writing that the County inspect the improvements and recommend that the Board of County Commissioners partially approve them. Not sooner than nine months after partial acceptance, the County Engineer shall, upon request by the applicant, inspect the subject improvements, and notify the applicant(s) of any deficiencies. The County Engineer shall reinspect the improvements after notification from the applicant(s) that any deficiencies have been corrected. If the County Engineer finds that the improvements are constructed according to County standards, he or she shall recommend full acceptance. Upon a receipt of a positive unqualified written recommendation from the County Engineer for acceptance of improvements within the USR, the Board of County Commissioners shall fully accept said improvements as public but with private pay. 7.0 General. Requirements for Collateral: 6 I111111 IIIII 111111 IIIII III11 IIII 101111 111 IIIII IIII IIII 3654021 10/14/2009 10:49A Weld County, CO 8 of 18 R 0.00 0 0.00 Steve Moreno Clerk 6 Recorder 7.1 The value of all collateral submitted to Weld County to guarantee completion of the improvements listed in Exhibits "A," must be equivalent to One -Hundred percent (100%) of the value of the improvements as shown in this Agreement. 7.2 Collateral must be submitted upon the approval of this Agreement by the Board of County Commissioners. 7.3 Collateral may be in the form of an irrevocable letter of credit (LOC) in an amount equivalent to (100%) of the total value of the improvements set forth in the Improvements Agreement; the LOC shall be subject to the requirements of Weld County Code Section 2-3-30 B. 7.4 Collateral may be in the fonn of a deed of trust upon the Property, provided that the following are submitted: 7.4.1 An appraisal is required of the Property by a disinterested Member of the American Institute of Real Estate Appraisers (M.A.I.) indicating that the value of the property encumbered in its current degree of USR is sufficient to cover One -Hundred Percent (100%) of the cost of the improvements as set forth in this Agreement, plus all costs of sale of the Property. 7.4.2 A title insurance policy insuring that the Trust Deed creates a valid encumbrance which is senior to all other liens and encumbrances. 7.5 Collateral may be in the form of a surety baud given by a corporate surety authorized to do business in the State of Colorado in an amount equivalent to one hundred percent (100%) of the value of the improvements set forth in the Improvements Agreement. The surety bond shall conform to and be subject to the requirements of Weld County Code Section 2-3-30 B.4. 7.6 Collateral may be in the form of a cash deposit made with the Board in an amount equivalent to one hundred percent (100%) of the value of the improvements set forth in the Improvements Agreement. 7.7 Collateral may be in the form of an escrow agreement where the cash in escrow is in an amount equivalent to one hundred percent (100%) of the value of the improvements set forth in the Improvements Agreement. The escrow agreement shall conform to and be subject to the requirements of Weld County Code Section 2-3-30 E1.3. 8.0 Request for Release of Collateral: Collateral shall be released in accordance with the provisions of Weld County Code Section 2-3-30.C. Prior to release of collateral for the entire project or for a portion of the project by Weld County, the Property Owner must present a Statement of Substantial Compliance from an Engineer registered in the State of Colorado that the project or a portion of the project has been completed in substantial compliance with approved plans and specifications documenting the following: 7 1111111 11111 IMl 11111 11111 liii 1111111111 Hill NV 1111 8.1 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 accepted by Weld County. 8.2 For the improvements to public rights -of -way or easements, test results must be submitted for all phases of this project as per Colorado Department of Transportation (CDOT) Schedule for minimum materials sampling, testing and inspections found in CDOT Materials Manual. 8.3 "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 written acceptance from the County Engineer. 8.4 The Statements 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. 8.5 Following the submittal of the Statement of Substantial Compliance and written recommendation of acceptance of the improvements by the County, the Property Owner 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. 8.6 For improvements to public rights -of -way or easements, 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 this Agreement excluding improvements fully accepted for maintenance by the responsible governmental entity, special district or utility company. The warranty collateral shall be released to the Property Owner following the expiration of the warranty period upon final written acceptance by the Board of County. 9.0. Successors and Assigns: Except as specified below, this Agreement may not be delegated or assigned in whole or in part by either party hereto without the express written consent of the other party and the written Agreement of the party to whom the obligations under this Agreement are assigned. Consent to a delegation or an assignment will not be unreasonably withheld. Notwithstanding the previous two sentences, the obligations to improve and maintain the improvements outlined in this Agreement may be delegated to a purchaser of a portion or all of the Property or business operation conducted thereon, provided further that County's consent to such does not relieve Northern Colorado Disposal of any obligations under this Agreement. Notwithstanding any other provisions of this Agreement or of this paragraph, County may delegate or assign its rights and obligations under this Agreement without the consent of Property Owner (or its assigns, delegates or successors in interest) to another governmental entity which by annexation or agreement has assumed jurisdiction over the roads affected by this Agreement. This Agreement shall be binding upon the heirs, executors, personal representatives, successors and assigns of the Property Owner, and upon recording by the County, shall be deemed a covenant running with the land herein described. 8 1111111111111111111111111111 IllIlil III 111111 III fill 3654021 10/14/2009 10:490 Weld County, CO 10 of 18 R 0.00 D 0.00 Steve Moreno Clerk & Recorder 10.0. County Engineer: All references in this Agreement to "County Engineer" shall refer to the any individual or individuals appointed by the County Engineer to act on his/her behalf. 9 1111011111111110 11111110111111111111 m 111111 III iiv 3854021 10/14/2009 10:49A Weld County, CO 11 of 18 R 0.00 D 0.00 Steve Moreno Clerk & Recorder IN WITNESS WHEREOF, the parties hereto have causey( this Agreement to be executed on the day and year first above written. PROPERTY OWNER: PROPERTY OWNER: • �C5,c1e&� Subscribed and sworn to before me this 3 day of �i L. , 261/49'/ ATTEST: Weld County Clerk to the B BY: Deputy Clcrk is the Board APPROVED AS TO FORM: 10 1111111111111111111111111111 I'll 1111111 III 1111111111111 3654021 10/14/2009 10:49A Weld County, CO 12 of 10 R 0.00 D 0.00 Steve Moreno Clerk & Recorder BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO illiam F. Garcia, Chair SEP 2 1 2009 EXHIBIT A - Cost Sheet (OFF -SITE) Name of Subdivision, PUD, USR, RE, SPR: USR-16 7 0 Filing/Case #: Imo. A. 1859 Location: N . 59th Ave. rersoaneiContact: Name DON FREI Title PRESIDENT Phone 970-353-409O huenr.enbelegally Maui, meemiertl,IttanpMceanrwc.,..,cc....■•..,..........,-......_..__,.-.-..---_--- Improvements (Leave spaces blank where they do not apply) (OFF -SITE) Contraction uantit URiIS Unit Coats IS) Estimated Cost m Site Grading Street Grading 500 SY .._$_1_,5.0 $ $ 750.00 $1,287.00 Street Base 220 SY $5.85 Street Paving 220 SY 128.25 $6,215.00 _ Curbs, Gutters, and Culverts Sidewalk Stormwater/Drainage Facilities Retention / Detention Ponds Road Culvert Grass Lined Swale 1104 SO. FT. .035 $ 385.14 Ditch Improvements Subsurface Drainage Sanitary Sewers/Sewage Facilities Sanitary Sewer Forced Main Erosion Control Measures/BMP's Laterals (house or building connected) Water Supply and Storage Water Mains (includes bore) Fire Hydrants Survey, Street Monuments/Boxes Parking Arca Street Lighting Street Names (Stop Sign & Post) 1 EA. $250.00 $ 250.00 Signage & Pavement Marking Fencing Requirements Landscaping Park Improvements Telephone iiIll 1111111811 10/14/2009 of 18 R 0.00 D 11111 IIII 1111111 III 10:498 Weld County, 0.00 Steve Moreno Clerk IIIIII III IIII - CO & Recorder — Gas I IIoIII Electric 3654021 13 Water Transfer SUR-TOTAL: `V' ,L. 11{ i4ar'!'s'r'� l 1,::.^' ? r{S. :4- . P;3tt.4 A,1t i $8.$8J.14 Engineering and Supervision Costs S. 02, 250,Q0 (Testing, inspection, as -built plans and work in addition to preliminary and Seal pint; supervision of actual construction by contractors) TOTAL ESTIMATED COST OF IMPROVEMENTS AND SUPERVISIONS $1 1 e 1 37 _ 14 EXHIBIT A - Cost Sheet (OFF -SITE ) - Signature Page 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 improve ents shall be completed according to the construction schedule set out in Exhibit B By: By: �- 7r Applicant Pile 5 ; dej Title Applicant Title �>F Date c 5 , 20 CI 9 Date 20 (If corporation, to be signed by President and attested to by Secretary, together with corporate seal.) 1111111111111111111111111111 III 1111111 III 1111II HI IIII 3654021 10/1412009 10:49A Weld County, CO 14 of 18 R 0.00 0 0.00 Steve Moreno Clerk & Recorder M:IAGREEMENTS\ExhibitstExh A off-site.xis EXHIBIT A - COST SHEET (ON -SITE) Name of Subdivision, PUD, USR, RE, SPR: U SR —1670 Personnel Contact: Name DON FREI Intending to be legally bound, the andaesissed Improvements (Leave spaces blank where they de not apply) Ouantity y., unit Coats tsi 5 9mntg¢Construction coat es' Site Grading 7295 CY $2.119 $14.590.00 Street Grading Street Base (( 1 Dries8 1udthl 1483 SY $1.50 $ 2, 224.50 Street Paving (4't Asl >alt + 6" Alm 1483 SY $13.00 $19,279.00 Curbs, Gutters, and Culverts Sidewalk 2480 SO. FT. $3.66 $ 9,076.80 Stormwater/Drainage Facilities (15' gg,,,d sw Retention / Detention Ponds (TnitF struthxg) 2 A. 84.250.0$ $ 8,500.00 Road Culvert (18 Rp.,.. F.E.s.&E. secticris) 1 EA. $2,740.00 $ 2,740.00 Grass Lined Swale 535 LF $1.50 $ 802.50 Ditch Improvements Subsurface Drainage Sanitary Sewers/Sewage Facilities 1 EA . $5,200.00 $ 5,200.00 Sanitary Sewer Forced Main Erosion Control Mcasures/BMP's 1 LS $3,982.00 $ 3,982.00 Laterals (house or building connected) Water Supply and Storage 1 EA. $17,000.00 $17,000.00 Water Mains (includes bore) Fire Hydrants Survey, Street Monuments/Boxes Parking Area Street Lighting Street Names Signage & Pavement Marking Fencing Requirements ( 1 ) 1857 ft. LS $59,375.00 $27,103.37 $59,375.00 $27, 103.37 Landscaping Park Improvements Telephone Gas Electric 3654021 15 ````IIIll`Water DIIhill 111111 ilill 10114/2009 of 18 0 0.00 D 0.00 Mill IIII Il it III 111111 III l"1 10:40A Weld County, CO Steve Moreno Clerk & Recorder Transfer 9O0 -TOTAL: �' :tf tr ,,,l •_ � , a j a ;�.`� 4.. t-� � - $169,873.36 Filing/Case #:LOtA, 101449 Location: N. 59th Ave. Title PRESIDENT none 970-353-4090 this rnei Engineering and Supervision Costs $ 13,590.00 (Testing, inspection, as -built plans and work in addition to preliminary and final plat; supervision of actual construction by contractors) TOTAL ESTIMATED COST OF IMPROVEMENTS AND SUPERVISION S 183,463.36 EXHIBIT A - COST SHEET (ON -SITE) - SIGNATURE dATURE PAGE 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 improve ents shall be completed according to the construction schedule set out in Exhibit B V.... By: Applicant Title By: Applicant �trts �C�Cti,� Title ` Date 5 , 20 o Date , 20 (If corporation, to be signed by President and attested to by Secretary, together with corporate seal.) 11111111111111111111111 VIII Ills IIllhI III 111111 III 1III 3654021 10/14/2009 10:49A Weld County, CO 16 of 18 R 0.00 D 0.00 Steve Moreno Clerk & Recorder M:\AGREEMENTS1ExhibitslExh A on-site.xls EXHIBIT B -Time Schedule (ON -SITE) & (OF ',SITE) fv..K of SsMWvlsbe, POD, USR, R6. SPIL 20R— 1 6 7 0 FIIIn,Cox N: .eeados, N. Wt.11 rowdi++r m6, /g. howl. +Mc nmlerairnd Arplkent heaeir rrrerr ro p+wvWeN+rr++�hewtFia/i.!!y rhefrMw•Inr UYrrJ•anenJa AW ImpwvwnenM aaW be eaJpWMd wW+M Yws Iwo MP Otte of appro. et On eJrN sue canaWNMadM ima ammtam Mud r MMA11A onse4oMMO MOMYree fwprrests. 71me &bedsit �(rarxr met an* wear ow 4. nn�7Py ) LOME Site Cr., Scent Gradleg wpsks 1 week tees tree Street Parma Carts, Gts ersr sad Cdeeres 2 weeks 1 week 2_ woeks _ 2 weeeks _ Sidewalk 1 week StommtaterlDrata. FacIBWs week Mania. Detest.' reads Read Culvert 2 weeks 1 week crass Lined phd lteprevewteats week Subsidise Draieage Suit, SeweniSaweee Sanitary Sower Forced MAI Roston Cerra Me..ard■Mre 1 week Laterals Ole. ter WWI. cossetted) Water Supply and Storage 1 week ata Moir Peeks. bore) Flee Hydro. Surrey, Street MeswtohBeaea 1 week Parkieg Area Sheet Uehtksg Street Haw. Strew & Pavement Marking Pesci, ReyulreosaHe issearepktp 2 weeks 4 weeks earn tmpreve..e.b Telephone 1 week 1 week Electric 1 week_ Water transfer TOTAL 29 weeks 5 weeks t-aad Cvleslttlee nret, t'seWre [kalrn fb later than 7/31 /2010 rb later' tt»r! 7/31 /2010 11111 VIII 111111 11111 11111 IIu 1111111111 111111 III nll 3654021 10/14/2009 10:49A Weld County, CO 17 of 18 R 0.00 D 0.00 Steve Moreno Clerk & Recorder EXHIBIT B - Time Schedule- Signature Page The County, at its option, and upon the request of the Applicant, may grant an extension of time for completion for any particular improvements shown above, upon a showing by the Applicant that the above schedule cannot be met. By: Applicant ^a 20 0 Date ) , Title By: Applicant Date , 20 Title (If corporation, to be signed by President and attested to by Secretary, together with corporate seal.) M:IAGREEMENTS1Exhibits\Exh B Time Schedule.xls 111111111111 III1I111111 IIIII illl IIIIlll III 111111 Ill III` 3654021 10/14/2009 10:499 Weld County, CO 18 01 18 0 0.00 0 0.00 Steve Moreno Clerk & Record JPMorganChase 0 JPMorgan Chase Bank, N.A. Global Trade Services 300 South Riverside Plaza Mail Code IL1-0236 Chicago, IL 60606-0236 SEP 15, 2009 OUR L/C NO.: ITIS-741345 IRREVOCABLE STANDBY LETTER OF CREDIT NO. ITIS-741345 DATED: SEPTEMBER 15, 2009 BENEFICIARY: BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO 915 TENTH STREET GREELEY, CO 80631 ATTN: CLERK TO THE BOARD BY THE ORDER OF: APPLICANT: NORTHERN COLORADO DISPOSAL 337 E 8TH STREET GREELEY, CO 80631 WE HEREBY ISSUE IN YOUR FAVOR OUR IRREVOCABLE STANDBY LETTER OF CREDIT NO. ITIS-741345 FOR THE ACCOUNT OF NORTHERN COLORADO DISPOSAL FOR AN AMOUNT OR AMOUNTS NOT TO EXCEED IN THE AGGREGATE U.S. $194,600.00 (ONE HUNDRED NINETY FOUR THOUSAND SIX HUNDRED AND NO/100 U.S. DOLLARS) AVAILABLE BY YOUR DRAFTS AT SIGHT DRAWN ON JPMORGAN CHASE BANK, N.A., CHICAGO, IL EFFECTIVE IMMEDIATELY AND EXPIRING AT OUR OFFICE ON SEPTEMBER 1, 2010. FUNDS UNDER THIS LETTER OF CREDIT ARE AVAILABLE AGAINST YOUR DRAFT(S) AS HEREIN ABOVE SET FORTH MARKED "DRAWN UNDER JPMORGAN CHASE BANK, N.A. LETTER OF CREDIT NO. ITIS-741345" AND ACCOMPANIED BY THE FOLLOWING: BENEFICIARY'S DATED STATEMENT, SIGNED BY AN AUTHORIZED REPRESENTATIVE OF THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO, SIGNING AS SUCH, READING AS FOLLOWS: "THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO HEREBY CERTIFIES THAT IT IS ENTITLED TO DRAW U.S. DOLLARS (AMOUNT IN WORDS) (U.S. $ ) UNDER JPMORGAN CHASE BANK, N.A. LETTER OF CREDIT NUMBER ITIS-741345 DATED SEPTEMBER 15, 2009 BECAUSE NORTHERN COLORADO DISPOSAL HAS DEFAULTED ON ITS OBLIGATIONS UNDER THE IMPROVEMENTS AGREEMENT, NORTHERN COLORADO DISPOSAL-USR-1670 DATED APRIL 3, 2009 BETWEEN NORTHERN COLORADO DISPOSAL AND THE COUNTY OF WELD, COLORADO BY (STATE NATURE OF DEFAULT)." 162703 Rahul Kumar Page l of A JPMorganChase 0 JPMorgan Chase Bank, N.A. Global Trade Services 300 South Riverside Plaza Mail Code ILI.0236 Chicago, IL 60606-0236 SEP 15, 2009 OUR L/C NO.: ITIS-741345 PARTIAL AND MULTIPLE DRAWINGS ARE PERMITTED. IT IS A CONDITION OF THIS LETTER OF CREDIT THAT THE EXPIRATION DATE SHALL BE AUTOMATICALLY EXTENDED WITHOUT AMENDMENT FOR ONE (1) YEAR FROM THE EXPIRATION DATE HEREOF OR ANY FUTURE EXPIRATION DATE UNLESS AT LEAST NINETY (90) DAYS PRIOR TO SUCH EXPIRATION DATE WE SEND NOTICE TO YOU BY HAND DELIVERED COURIER, AT THE ADDRESS STATED ABOVE, THAT WE ELECT NOT TO EXTEND THIS LETTER OF CREDIT FOR ANY SUCH ADDITIONAL PERIOD. HOWEVER, IN NO EVENT WILL THIS LETTER OF CREDIT BE AUTOMATICALLY EXTENDED BEYOND THE FINAL MATURITY DATE OF SEPTEMBER 1, 2011. IN THE EVENT YOU RECEIVE SUCH NOTIFICATION, YOU MAY DRAW ON US FOR THE AMOUNT AVAILABLE UNDER THE LETTER OF CREDIT, BY PRESENTATION OF (A) A SIGHT DRAFT DRAWN ON JPMORGAN CHASE BANK, N.A. AND (B) A DATED STATEMENT, SIGNED BY AN AUTHORIZED REPRESENTATIVE OF THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO, SIGNING AS SUCH, READING AS FOLLOWS: "WE HAVE RECEIVED NOTIFICATION FROM JPMORGAN CEASE BANK, N.A. THAT LETTER OF CREDIT NO. ITIS-741345 WILL NOT BE EXTENDED FOR A FURTHER PERIOD AND THAT NORTHERN COLORADO DISPOSAL HAS FAILED TO REPLACE THIS LETTER OF CREDIT OR PROVIDE OTHER ACCEPTABLE SECURITY." THIS LETTER OF CREDIT MAY BE CANCELLED PRIOR TO EXPIRATION PROVIDED THE ORIGINAL LETTER OF CREDIT (ANY AMENDMENTS, IF ANY) ARE RETURNED TO JPMORGAN CHASE BANK, N.A., CHICAGO, IL WITH A STATEMENT SIGNED BY THE BENEFICIARY STATING THAT THE ATTACHED LETTER OF CREDIT IS NO LONGER REQUIRED AND IS BEING RETURNED TO THE BANK FOR CANCELLATION. THIS LETTER OF CREDIT IS TRANSFERABLE IN WHOLE BUT NOT IN PART, AND MAY BE TRANSFERRED ONE OR MORE TIMES, AND EXCEPT AS EXPRESSLY STATED HEREIN, IS TRANSFERABLE IN ACCORDANCE WITH THE UCP PUBLICATION NO. 600. ANY TRANSFER REQUEST MUST BE PRESENTED TO US WITH THE ATTACHED FORM TOGETHER WITH THE ORIGINAL LETTER OF CREDIT. TRANSFERS TO DESIGNATED FOREIGN NATIONALS AND/OR SPECIALLY DESIGNATED NATIONALS ARE NOT PERMITTED AS BEING CONTRARY TO THE U.S. TREASURY DEPARTMENT OR FOREIGN ASSETS CONTROL REGULATIONS. TRANSFER CHARGES ARE FOR THE ACCOUNT OF THE APPLICANT. THE CORRECTNESS OF THE SIGNATURE AND TITLE OF THE PERSON SIGNING THE 16270.1 Ralwl Kumar Pagr 2 of 4 JPMorganChase 0 JPMorgan Chase Bank, N.A. Global Tradc Services 300 South Riverside Plaza Mail Code 11.1-0236 Chicago, IL 60606-0236 TRANSFER FORMS MUST BE VERIFIED BY YOUR BANK. SEP 15, 2009 OUR L/C NO.: ITIS-741345 THIS LETTER OF CREDIT SETS FORTH IN FULL THE TERMS OF OUR UNDERTAKING, AND SUCH UNDERTAKING SHALL NOT IN ANY WAY BE MODIFIED, AMENDED OR AMPLIFIED BY REFERENCE TO ANY DOCUMENT, INSTRUMENT OR AGREEMENT REFERRED TO HEREIN OR IN WHICH THIS LETTER OF CREDIT IS REFERRED TO OR TO WHICH THIS LETTER OF CREDIT RELATES, AND ANY SUCH REFERENCE SHALL NOT BE DEEMED TO INCORPORATE HEREIN BY REFERENCE ANY DOCUMENT, INSTRUMENT OR AGREEMENT. WE ENGAGE WITH YOU THAT DRAFTS DRAWN UNDER AND IN CONFORMITY WITH THE TERMS AND CONDITIONS OF THIS CREDIT WILL BE DULY HONORED ON PRESENTATION IF PRESENTED ON OR BEFORE THE EXPIRATION AT OUR COUNTERS AT 300 SOUTH RIVERSIDE PLAZA, MAIL CODE IL1-0236, ATTN: STANDBY LETTER OF CREDIT UNIT, CHICAGO, IL 60606-0236. THE ORIGINAL LETTER OF CREDIT MUST ACCOMPANY THE DOCUMENTS REQUIRED UNDER THIS CREDIT FOR ENDORSEMENT. DRAWINGS UNDER THIS LETTER OF CREDIT PRESENTED BY TELEFACSIMILE ("FAX") TO FAX NUMBER 312-954-2457, OR ALTERNATELY TO FAX NUMBER 214-954-0203 ARE ACCEPTABLE, UNDER TELEPHONE PRE -ADVICE TO 312-954-5603, OR ALTERNATELY TO 1-800-634-1969, OPTION #1, PROVIDED THAT SUCH FAX PRESENTATION IS RECEIVED ON OR BEFORE THE EXPIRY DATE ON THIS INSTRUMENT IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THIS LETTER OF CREDIT. FURTHER PRESENTATION OF ORIGINAL DOCUMENTS IS NOT REQUIRED. PRESENTATIONS MADE UNDER AND IN COMPLIANCE WITH THE TERMS AND CONDITIONS OF THIS LETTER OF CREDIT RECEIVED AT OUR OFFICE PRIOR TO 11:00A.M. CENTRAL TIME ON A BUSINESS DAY WILL BE DULY HONORED ON THE NEXT BUSINESS DAY. PRESENTATIONS MADE UNDER AND IN COMPLIANCE WITH THE TERMS AND CONDITIONS OF THIS LETTER OF CREDIT RECEIVED AT OUR OFFICE AFTER 11:00A.M. CENTRAL TIME ON A BUSINESS DAY WILL BE DULY HONORED ON THE SECOND BUSINESS DAY FOLLOWING PRESENTATION. IF REQUESTED BY YOU, PAYMENT UNDER THIS LETTER OF CREDIT MAY BE MADE BY DEPOSIT OF IMMEDIATELY AVAILABLE FUNDS INTO A DESIGNATED ACCOUNT THAT YOU MAINTAIN WITH SPMORGAN CHASE BANK, N.A. OR BY WIRE TRANSFER DIRECTLY TO AN ACCOUNT DESIGNATED BY BENEFICIARY. AS USED HEREIN, THE TERM ''BUSINESS DAY" MEANS ANY DAY OTHER THAN A SATURDAY, SUNDAY, OR -A -DAY ON _WHICH_BANKSIN THE STATE OF ILLINOIS ARE AUTHORIZED OR REQUIRED BY LAW TO BE CLOSED, AND A DAY ON WHICH PAYMENTS CAN BE EFFECTED ON THE FEDWIRE SYSTEM. 16,10) Rah1 Kumar Pagc 1 of 4 JPMorganChase 0 JPMorgan Chase Bank, N.A. Global Trade Services 300 South Riverside Plaza Mail Code ILI.0236 Chicago, IL 60606-0236 SEP 15, 2009 OUR L/C NO.: ITIS-741345 THIS LETTER OF CREDIT IS GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK, AND, EXCEPT AS OTHERWISE EXPRESSLY STATED HEREIN, TO THE UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDITS (2007 REVISION), INTERNATIONAL CHAMBER OF COMMERCE PUBLICATION NO. 600, AND IN THE EVENT OF ANY CONFLICT, THE LAWS OF THE STATE OF NEW YORK WILL CONTROL, WITHOUT REGARD TO PRINCIPLES OF CONFLICT OF LAWS. PLEASE ADDRESS ALL CORRESPONDENCE REGARDING THIS LETTER OF CREDIT TO THE ATTENTION OF THE STANDBY LETTER OF CREDIT UNIT, 300 S. RIVERSIDE PLAZA, MAIL CODE IL1-0236, CHICAGO, IL 60606-0236, INCLUDING THE LETTER OF CREDIT NUMBER MENTIONED ABOVE. FOR TELEPHONE ASSISTANCE, PLEASE CONTACT THE STANDBY CLIENT SERVICE UNIT AT 1-800-634-1969, SELECT OPTION 1, AND HAVE THIS LETTER OF CREDIT NUMBER AVAILABLE. AUTHORIZED SI TURE I62703 Rahul Kumar Page 4 of 4 Request for a Full Transfer of the below referenced Standby Letter of Credit JPMorganChase 0 Date: Reference: ITlS-741345 To: JPMorgan Chase Bank, N.A. and/or its subsidiaries and/or affiliates. " Transferring Bank" (Issuing Bank's Letter of Credit Number) (Advising Bank's Reference Number, if applicable) We, the undersigned "First Beneficiary", hereby irrevocably transfer all of our rights to draw under the above referenced Letter of Credit ("Credit") in its entirety to; Advise through: (Print Name and complete address of the Transferee) "Second Beneficiary" (Print Name/address of Second Beneficiary's Bank, if known - if left blank the Transferring Bank will select the advising hank) In accordance with UCP 600 Article 38 or ISP 98, Rule 6 regarding transfer of drawing rights (whichever set of rules the Credit is subject to), all rights of the undersigned First Beneficiary in such Credit are transferred to the Second Beneficiary. The Second Beneficiary shall have the sole rights as beneficiary thereof, including sole rights relating to any amendments whether increases or extensions or other amendments and whether now existing or hereafter made. All amendments ate to be advised directly to the Second Beneficiary without necessity of any consent of or notice to the undersigned First Beneficiary. The original Credit, including amendments to this date, is attached and the undersigned First Beneficiary requests that you endorse an acknowledgment of this transfer on the reverse thereof. The undersigned First Beneficiary requests that you notify the Second Beneficiary of this Credit in such form and manner as you deem appropriate, and the terms and conditions of the Credit as transferred. The undersigned First Beneficiary acknowledges that you incur no obligation hereunder and that the transfer shall not he effective until you have expressly consented to effect the transfer by notice to the Second Beneficiary. If you agree to these instructions, please advise the Second Beneficiary of the terms and conditions of the transferred Credit and these instructions. First Beneficiary represents and warrants to Transferring Bank that (i) our execution, delivery, and performance of this request to Transfer (a) are within our powers and have been duly authorized (b) constitute our legal, valid, binding and enforceable obligation (c) do not contravene any charter provision, by-law, resolution, contract, or other undertaking binding on or affecting us or any of our properties and (d) do not require any calico, filing or other action to, with, or by any governmental authority (ii) we have nat presented any rlermanrl or request for payment or transfer under the Credit affecting the rights to be transferred, and (iii) the Second Beneficiary's name and address are correct and complete and the transactions underlying the Credit and the requested Transfer do not violate applicable United States or other law, rule or regulation, including without limitation U.S. Foreign Asset Control regulations. We further agree to indemnify and hold harmless you and each of your directors, officers and employees (each an "Indemnitee" and collectively, "Indemnitees") from and against any losses, damages, liabilities, claims, costs and expenses (including reasonable attorneys' fees) to which any Indemnitee may be subject or which any Indemnitee may incur, directly or indirectly, arising out of or -relating_to (i).any.breach_by us_of the..representations and warranties herein; and (ii) our failure to remit to you, upon demand, funds paid to us despite the Transfer, Stby Appl Chg Rev. 06/29/2007 JPMorganChase 0 JPMorgan Chase Bank, N.A. Global Trade Services 300 Soo1h Riverside Plaza Mail Code ILI-0236 Chicago, IL 60606-0236 SEP 7, 2010 OUR L/C NO.: ITIS-741345 AMENDMENT NO.: 1 TO: BOARD OF COUNTY COMMISSIONERS or WELD COUNTY, COLORADO 915 TENTH STREET GREELEY, CO 80631 ATTN: CLERK TO THE BOARD APPLICANT: NORTHERN COLORADO DISPOSAL 337 E 8TH STREET GREELEY, CO 80631 IN ACCORDANCE WITH INSTRUCTIONS RECEIVED, THE ABOVE REFERENCED STANDBY LETTER OF CREDIT HAS BEEN AMENDED AS FOLLOWS: RECEIVER'S REFERENCE: NONREF NEW DATE OF EXPIRY: SEPTEMBER 1, 2011 WE HEREBY RESCIND OUR PREVIOUS NOTICE OF OUR ELECTION NOT TO EXTEND THIS LETTER OF CREDIT. THEREFORE, IN ACCORDANCE WITH THE TERMS AND CONDITIONS HEREOF, THE EXPIRATION DATE HAS BEEN AUTOMATICALLY EXTENDED TO THE NEW DATE OF EXPIRY INDICATED ABOVE AND THE AUTOMATIC EXTENSION PROVISION AS CONTAINED IN THIS LETTER OF CREDIT REMAINS IN FULL FORCE AND EFFECT. SHOULD YOU HAVE ANY QUESTIONS RELATIVE TO THIS CORRESPONDENCE, PLEASE CONTACT OUR CUSTOMER SERVICE UNIT AT (800) 634-1969, OPTION 1, AND HAVE THE LETTER OF CREDIT NUMBER AVAILABLE. !83141 Ofelia Rodriguez /1O. - Page I o£ 2 JPMorganChase �t JPMorgan Chase Bank, N.A. Global Trade Services 300 South Riverside Plaza Mail Code ILI-0236 Chicago, IL 60606-0236 SEP 7, 2010 OUR L/C NO.: ITIS-741345 AMENDMENT NO.: 1 ALL OTHER TERMS AND CONDITIONS OF THE CREDIT REMAIN UNCHANGED. AUTHORIZED SIGNA .3304 Of...gue7. Page 2 of 2 JPMorganChase �1 JPMorgan Chase Bank, NA. GlobalTrade Services 300 South Riverside Plaza Mail Code IL1-0236 Chicago, IL 60606-0236 MAY 26, 2010 L/C NO.: ITIS-741345 ITEM NO: 0004 TO: BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO 915 TENTH STREET GREELEY, CO 80631 ATTN: CLERK TO THE BOARD RE: ITIS-741345 RE OUR L/C ITIS-741345 IN YOUR FAVOR FOR THE ACCOUNT OF NORTHERN COLORADO DISPOSAL IN ACCORDANCE WITH THE TERMS OF THE ABOVE REFERENCED LETTER OF CREDIT, THE PURPOSE OF THIS LETTER IS TO NOTIFY YOU THAT THIS LETTER OF CREDIT WILL NOT BE AUTOMATICALLY EXTENDED FOR ANY ADDITIONAL PERIODS. THEREFORE, THIS LETTER OF CREDIT WILL EXPIRE ON ITS CURRENT EXPIRY DATE OF SEPTEMBER 01, 2010. ALL CORRESPONDENCE AND ANY DRAWINGS PRESENTED ARE TO BE DIRECTED TO OUR OFFICE AT: 300 S. RIVERSIDE PLAZA, MAIL CODE: IL1-0236 , CHICAGO, IL 60606-0236 ATTENTION: STANDBY LETTER OF CREDIT DEPARTMENT. CUSTOMER INQUIRY NUMBERS ARE 1-800-634-1969 CHOOSE OPTION NUMBER 1. THIS IS A COMPUTER GENERATED ADVICE AND NO AUTHORIZED SIGNATURE IS REQUIRED. 141841 (1f'elia Rodriguez Page 1 of 1 The Effective Date shall be the date hereafter on which Transferring Bank effects the requested transfer by acknowledging this request and giving notice thereof to Second Beneficiary. WE WAIVE ANY RIGHT TO TRIAL BY JURY THAT WE MAY HAVE IN ANY ACTION OR PROCEEDING RELATING TO OR ARISING OUT OF THIS TRANSFER. This Request is made subject to the same International Chamber of Commerce Publication as and if stipulated in the Credit (and the ISP 98 if not so stipulated) and is subject to and shall be governed by the laws of the State of New York, without regard to principles of conflict of laws. The undersigned submits to the nonexclusive jurisdiction of any state or federal court located in the Borough of Manhattan, City of New York, New York, for itself and its property and agrees that any such court shall be a proper forum for any action or suit brought by you. Sincerely yours, (Print Name of First Beneficiary) (Print Authorized Signers Name and Title) (Authorized Signature) (Print Second Authorized Signers Name and Title, if required) (Second Authorized Signature, if required) (Telephone Number/Fax Number) SIGNATURE GUARANTEED Signature(s) with title(s) conform(s) with thattthose on file with us for this individual, entity or company and signer(s) is/are authorized to execute this agreement. (Print Name of Bank) (Address ofBank) (City, State, Zip Code) (Print Name and Title of Authorised Signer) (Authorized Signature) (Telephone Number) (Date) Stby Appt Chg Rev. 06/29/2007 2 Hello