HomeMy WebLinkAboutMCCLELLANDS CREEK PD AND PLD FOSSIL LAKE PUD FIFTH - Filed OA-OTHER AGREEMENTS - 2011-12-29id
0) First National Bank
City of Fort Collins
Engineering Department
281 N College Ave
Fort Collins, CO 80521
Dear Sirs:
Boardwalk Office
R/E Department
P.O. Box 272500
Fort Collins, CO 80527-2500
970.282.9680
Date: March 15, 2006
COPY
We hereby establish, at the request and for the account of Mc Creek, LLC, a Colorado
Limited Liability Company in your favor as beneficiary, our Irrevocable Letter of Credit
No. 3655, in the amount of Three hundred seventy-one thousand eighty-nine and 22/100
Dollars ($371,089.22) (as more fully described below), effective immediately and
expiring at the close of banking business on March 15, 2007, at our office at 155 E.
Boardwalk, Fort Collins, Co 80525.
This Letter of Credit is intended for the funding required for the McClelland's Creek PD
& PLD (Being the 51h Filing of Fossil Lake P.U.D.) ("Development Project") for the
assurance of the completion of the construction and the maintenance and repair of the
public infrastructure in connection with the aforesaid development project and its
associated development agreement and development construction permit. Funds under
this Letter of Credit are available to you for one or more drawings prior to the close of
business on March 15, 2007, against sight drafts in an aggregate cumulative amount not
to exceed $371,089.22, dated the date of presentment, drawn on our office referred to
above, referring thereon to the number of this Letter of Credit and accompanied by your
written certificate signed by you and acknowledged as therein provided in the form of
Exhibit 1 hereto.
Presentation of such draft and certificate shall be made at our office referred to above.
Upon the earlier of (i) our honoring your draft(s) totaling $371,089.22 in the aggregate
presented on or before this Letter of Credit expires pursuant to the terms herein or (ii) the
surrender to us by you of this Letter of Credit for cancellation, this Letter of Credit shall
automatically terminate.
It is understood that the amount of this Letter of Credit may be reduced, as public
improvements are constructed and accepted by the City. As components of the
infrastructure are satisfactorily completed in accordance with approved utility plans, the
value of the completed components may be established from the Development
Construction Permit worksheet for determining costs of infrastructure construction and
inspection fees, whereupon the amount of this letter of credit may be reduced by the
value of the completed component(s), upon execution of a "Request for Amendment to
Letter of Credit" in the form attached hereto as Exhibit 2.
This letter of credit shall be subject to the Uniform Commercial Code as in effect in the
State of Colorado, and, to the extent not inconsistent with the terms of this Letter of
Credit and the Uniform Commercial code, the Uniform Customs and Practice for
Documentary Credits, 1993 revision, ICC publication number 500.
This Letter of Credit will be automatically extended without amendments for one year
from the present, and each future, expiration date thereof, unless Issuer delivers written
notice at least sixty (60) days prior to any such expiration date to the City of Fort Collins
of its intent not to renew this Letter of Credit. Any such notices shall be in writing and
shall be delivered with an acknowledged receipt, either in hand or by certified mail. Any
amendments to this Letter of Credit shall be made in the form of Exhibit 2 hereto.
The City may at any time request that the Bank amend this Letter of Credit by submitting
to the Bank a fully executed certificate in the form of Exhibit 2. The Bank shall
thereafter promptly issue an amendment to the Letter of Credit corresponding to the
change or changes requested in such certificate.
This Letter of Credit is not transferable.
This Letter of Credit sets forth in full our undertaking, and such undertaking shall not in
any way be modified, amended, amplified or limited by reference to any document,
instrument or agreement referred to herein, except only the certificate and draft(s)
referred to herein; and any such reference shall not be deemed to incorporate herein by
reference any document, instrument or agreement except for such certificate or draft(s).
STATE OF COLORADO)
COUNTY OF LARIMER)
Sinwrely,
Catherine E. Costlow
Vice President
First National Bank
Subscribed and sworn to before me this day of
by as Vice President, First National Bank.
Witness my hand and official seal.
My Commission Expires:
Notary Public
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::CYNTHIA S.
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EXHIBIT 1
CERTIFICATE
The City of Fort Collins hereby certifies as follows with respect to the certain
Irrevocable Letter of Credit No. 3655 dated March 15, 2006, established in favor of the
City of Fort Collins, Colorado (the "Letter of Credit"):
(a) He(She) is authorized to execute this Certificate of behalf of the City of Fort
Collins;
(b) The applicant/ developer is in default under the terms of the development
Agreement and/or the development construction permit.
(c) The sum of $ , which is the amount of the draft presented with
This Certificate, is the amount currently due to the City of Fort Collins from
(d) The amount of the accompanying draft together with all previous draws
Under the Letter of Credit do not exceed in the aggregate $ ; and
(e) The Letter of Credit has not expired.
IN WITNESS WHEREOF, the undersigned has executed this Certificate of behalf of the
City of Fort Collins, this day of
THE CITY OF FORT COLLINS
Title
STATE OF COLORADO)
COUNTY OF LARIMER)
Subscribed and sworn to before me this day of by
, as authorized officer of the City of Fort Collins.
Witness my hand and official seal.
Notary Public
My Commission Expires:
EXHIBIT 2
Request for Amendment or Release of Letter of Credit #3655
The City of Fort Collins certifies that the person signing below is authorized to execute
this Amendment or Release of Letter of Credit on behalf of the City of Fort Collins, and
further certifies with respect to the provisions contained in the Development Construction
Permit dated , and/or the Development Agreement
dated , between the City of Fort Collins (Beneficiary) and
(Check applicable boxes.) (Developer), the following:
a The Letter of Credit is to be reduced to $
0 The expiration date of the Letter of Credit is revised to be
0 The 60-day automatic one year renewal provision contained in the Letter of
Credit is no longer in effect.
0 Release Original Letter of credit upon receipt of separate replacement
Maintenance Letter of Credit in the amount of
(current value).
0 Release of Letter of Credit.
IN WITNESS WHEREOF, the undersigned has executed this Certificate of behalf of the
City of Fort Collins, this day of
THE CITY OF FORT COLLINS
By:
STATE OF COLORADO) Title
COUNTY OF LARIMER)
Subscribed and sworn to before me this day of b
, as authorized officer of the City of Fort Collins.
Witness my hand and official seal.
My Commission Expires:
Notary Public