The URL can be used to link to this page

Browse Search

Home My WebLink About20121460.tiff RESOLUTION RE: APPROVE CANCELLATION AND RELEASE OF COLLATERAL FOR USE BY SPECIAL REVIEW PERMIT#1630-REJOICE LUTHERAN CHURCH 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 February 27,2008,the Board approved the application of Rejoice Lutheran Church, P.O. Box 1244, Erie, Colorado 80516, for a Public and Quasi-public Building(church)in the A(Agricultural)Zone District on the following described real estate,to wit: Lot 5,Block 4,Ranch Eggs,Inc.,Subdivision;Filing No. 2, being part of the NW1/4 of Section 34, Township 1 North, Range 68 West of the 6th P.M., Weld County,Colorado,and WHEREAS,on September 13,2010,the Board of County Commissioners of Weld County, Colorado, approved an Improvements Agreement According to Policy Regarding Collateral for Improvements(On-Site Only)between the County of Weld,State of Colorado,by and through the Board of County Commissioners of Weld County,and Rejoice Lutheran Church,with terms and conditions being as stated in said agreement, and accepted Irrevocable Standby Letter of Credit#2065833035,drawn on Summit Bank and Trust, 199 South Briggs Street,P.O.Box 173, Erie,Colorado 80516,in the amount of$53,123.00,and WHEREAS, on May 23, 2011, the Board approved replacement Letter of Credit #2065833035, drawn on Summit Bank and Trust, 199 South Briggs Street, P.O. Box 173, Erie, Colorado 80516,in the amount of$10,218.45,which was to be retained for one year as warranty collateral. WHEREAS,staff from the Weld County Departments of Planning Services and Public Works have conducted a visual inspection and recommend release of said collateral, in the amount of $10,218.45. NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado,that replacement Letter of Credit#2065833035,drawn on Summit Bank and Trust,199 South Briggs Street,P.O.Box 173,Erie,Colorado 80516,in the amount of$10,218.45, be and hereby is,canceled and released. NOW,THEREFORE,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. 3852645 Pages: 1 of 2 05/14/2012 11:38 MM R Fee:$0.00 Steve Moreno. Clerk d Recorder, Weld County. CO •III h11�PY�6'��h1 I�'�t�11,Mr,MCA Mk Bill c, p� 2012-1460 PL1951 -3-1a CANCEL COLLATERAL—REJOICE LUTHERAN CHURCH PAGE 2 The above and foregoing Resolution was,on motion duly made and seconded,adopted by the following vote on the 11th day of June,A.D.,2012. BOARD OF COUNTY COMMISSIONERS WELD COUNTY,COLORADO ATTEST: (-7-7 U • �' Sean P.Conway; rcp Weld County Clerk to the Board /1/I^V/y7 /(\ BY: 's. _!-4 '�Iliam F.Garcia,Pro-Twin Deputy CI to the Boar "iabt �� C� �a-t« / '-/4 • 2- `0.-"` ara Kirkmeyer APFRV TO FORM: PPir= A4 avid E.Long County Attorney e I ougl s Radema her Date of signature: (irk-I a 3852645 Pages: 2 of 2 06/14/2012 11:38 RM R Fee:$0.00 Steve Moreno. Clerk and Recorder, Weld County, CO VIII PYIVl li l0 II MI 2011-1460 PL1951 • y86 MEMORANDUM I. Ilr : = y TO: Board of County Commissioners GOUNTY4 DATE: May 31, 2012 FROM: Michelle Martin HO SUBJECT: USR-1630 • Release of Letter of Credit#2065833035 The Department of Planning Services received an email from the applicant Pastor Ruby Narucki with Rejoice Lutheran Church dated 5/21/2012 indicating the improvements have been done on the site and the one year warranty period has expired. A site inspection was conducted on 5/25/2012 by the Weld County Department of Public Works and the Planning Department indicating all the improvements have been completed. The Department of Public Works and the Department of Planning Services is recommending full release of the letter of credit in the amount of$10,218.45. Background Information BOCC: USR-1630 was approved by the Board of County Commissioners on February 27, 2008 for a Site Specific Development Plan and a Special Review Permit for a Use by Special Review for a Public and Quasi-public building (Church) in the A (Agricultural) Zone District. The original letter of credit was accepted by the BOCC on September 13, 2010 in the amount of$53,123.00, for the on-site improvements. A revised letter of credit was accepted by the BOCC on May 23, 2011 in the amount of$10,218.45, for the two (2) ADA parking spaces and the one year warranty. Legal: Lot 5 Block 4 Ranch Eggs Inc Subdivision Filing 2 being a Pt NW4 of Section 34, Ti N, R68W of the 6th P.M., Weld County, CO. Location: North of and adjacent to Lowell Lane, approximately 1/2 mile east of County Road 7 and approximately '/ mile north of County Road 2 / Baseline Road. Parcel No.: 1467 34 204015 • 2012-1460 MEMORANDUM it r TO: Michelle Martin, Planning Services DATE: 5/31/2012 FROM: Richard Hastings, Public Works Department 000.NTY SUBJECT: BOCC Agenda Item: Final Release of Collateral Rejoice Lutheran Church (PL1951, #2010-2110, USR-1630) Request for Final Release of Collateral: The Department of Planning Services received a request from the applicant, Pastor Ruby Narucki, requesting an inspection of the property in order to obtain the final release of collateral for the Rejoice Lutheran Church (USR-1630), located near WCR 7 and Lowell Lane,just north of Broomfield. 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# 2010-2110, have been completed and are found to be acceptable. Weld County Collateral List: Rejoice Lutheran Church, (PL1951, #2010-2110) Imps Agrmt— Irrevocable Standby Letter of Credit #2065833035 From Summit Bank and Trust, Erie, Colorado Expires 09/07/2011 with auto renewal Unless 90 days notice $53,123.00 Partial Release 05/23/2011 (#2011-1293) -42,904.55 Received replacement collateral-one year warranty 10,218.45 Irrevocable Letter of Credit— Expires 06/01/2012 Recommendation: The Department of Public Works is recommending final release of collateral, as shown above from the Weld County Collateral List, in the amount of$10,218.45 pc: Don Carroll,Weld County Public Works C:\Documents and Settings\mmartin\Local Settings Temporary Internet Files\Content.Outlook\PJB0GSW0\Final Collateral Release(Rejoice Lutheran Church USR-1630)-MEMO.docx • Michelle Martin From: rnarucki@comcast.net Sent: Monday, May 21, 2012 10:29 AM To: Michelle Martin Cc: Rick Nearman; Greg & Diane Wermager; Diane Koenig Subject: collateral Greetings Michelle, On behalf of Rejoice Lutheran Church I am requesting an inspection for the purpose of releasing the collateral being held for warranty. I understand you will contact Rick Hasting of Public Works and inform us as to the time and date of inspection. Thank you, Pastor Ruby Narucki Rejoice Lutheran Church 3413 Lowell lane Erie, CO 80516 303.828.3953 1 1861 - 2011 CLERK TO THE BOARD PHONE (970) 336-7215, Ext. 4227 FAX: (970) 352-0242 P. O. BOX 758 W E L D_,,C O NTY Y GREELEY, COLORADO 80632 I I June 12, 2012 Attn: John Dill Summit Bank and Trust 199 South Briggs Street P.O. Box 173 Erie, Colorado 80516 RE: Cancellation and release of Collateral — Rejoice Lutheran Church, USR #1630 Mr. Dill: Attached hereto please find the Board of County Commissioners Resolution releasing the collateral for Rejoice Lutheran Church, USR #1630, in the amount of $10,218.45, and the Revised Irrevocable Standby Letter of Credit #2065833035 issued by Summit Bank and Trust, in the amount of $10,218.45. 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) 356-4000, Extension 4227 Very truly yours, BOARD OF COUNTY COMMISSIONERS /,BY: /41241.4 Donna J. BeoYler, Deputy Clerk to the Board I861 - 2011 TI CLERK TO THE BOARD PHONE (970) 336-7215, Ext. 4227 FAX: (970) 35252-0242 P. O. BOX 758 W E L D._ E O U N T Y GREELEY, COLORADO 80632 June 12, 2012 Attn: Pastor Ruby Narucki Rejoice Lutheran Church 3413 Lowell Lane Erie, Colorado 80516 RE: Cancellation and release of Collateral for Rejoice Lutheran Church, USR#1630 Pastor Ruby; On June 11, 2012, the Board of County Commissioners approved the cancellation and release of collateral for Rejoice Lutheran Church, USR #1630, in the amount of $10,218.45, as referenced above. 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 Revisedl Letter of Credit No.2065833035 for$10,218.45,has been returned to Summit Bank and Trust, 199 Briggs Street, P.O. Box 173, Erie, Colorado 80516. If you have questions or need additional information, please do not hesitate to contact me at (970) 356-4000, Extension 4227. Very truly yours, BOARD OF COUNTY COMMISSIONERS i v By:/ �H.HA_ . ., (�1/e Donna J. Be ' ler Deputy Clerk to the Board 1 Ay �ar9�zj.arP d or. P° rat 1 L sr 4�y rk P1a� o+��s d�Pr SUMMIT O .9 6y BANK & TRUST ]99S j THE "'rs ERIE�CO 8CRA ado! IRREVOCABLE STANDBY LETTER OF CREDIT FOR BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO Date: 5/13/11 Beneficiary: BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO 915 Tenth Street Greeley, Colorado 80631 Attn: Clerk to the Board Company Name: Rejoice Lutheran Church Company Address 3413 Lowell Lane Company Address Erie, Co 80516 Ladies and Gentlemen: Effective immediately, at the request of and on behalf of Rejoice Lutheran Church, we hereby issue this Revised Letter of Credit#2065833035 for $10,218.45 in favor of the Board of County Commissioners of Weld County, Colorado, (hereinafter`Beneficiary"). This Letter of Credit is issued to permit Rejoice Lutheran Church to meet the requirements of the Improvements Agreement According to Policy Regarding Collateral for Improvements (On-Site Only) Rejoice Lutheran Church, - USR-1630. Dated August 12, 2010, (hereinafter "Improvements Agreement"). This amount may be drawn on at our office located at Summit Bank and Trust— 199 S. Briggs St, Erie, CO 80516. We hereby undertake to honor your sight draft drawn on us bearing upon its face the clause: "Drawn under the Bank of Summit Bank and Trust-Letter of Credit Number 2065833035„ dated 6/1/11", when accompanied by the following: 1. The original of this Letter of Credit and any subsequent amendments, if any; and 2. Original of Beneficiary's statement purportedly manually signed by a member of the Board of County Commissioners of Weld County, Colorado stating one or more of the following: a. "The Board of County Commissioners of Weld County, Colorado hereby certifies that it is entitled to draw US Dollars (Written Amount of Withdrawal) ($ ) under the Bank of (Name of Bank), Letter of Credit Number dated because _ (Name of Company) has defaulted on its obligations under PHONE 303.439.4888 WWWSUMM I IBT.COM FAX 303.439.4899 the (Insert full name of Improvements Agreement), by (State Nature of Default)." b. "The Board of County Commissioners of Weld County, Colorado hereby certifies that it is entitled to draw US Dollars (Written Amount of Withdrawal) ($ ) under Bank of (Name of Bank), Letter of Credit Number dated because (Name of Company) has not, to the satisfaction of the Board of County Commissioners of Weld County, Colorado, within sixty (60) days of the expiration date of this Letter of Credit replaced or renewed this Letter of Credit." The above statements are acceptable if presented in the form of a Resolution formally adopted by the Board of County Commissioners of Weld County, Colorado. Additionally, a copy of one or both of the above statements may be submitted by facsimile transmission or by electronic mail, if said transmission source can be verified by us. 3. It is a condition of this Irrevocable Letter of Credit that it be considered automatically extended without amendment for additional periods of one year from the present or any future expiration date unless we notify you, the Beneficiary, in writing, not less than ninety (90) days before such date that we elect not to extend this Letter of Credit for such additional term. This notice will be sent to the address herein, by certified mail, return receipt requested. Upon your receipt of said notice, you may draw on us at sight for the balance remaining under this Letter of Credit within the then applicable expiration date. 4. Partial drawings under this Letter of Credit are permitted. 5. For purposes of the Letter of Credit, Rejoice Lutheran Church shall be deemed in default if one or more of its obligations under the Improvements Agreement According to Policy Regarding Collateral for Improvements (On-Site Only) Rejoice Lutheran Church, - USR-1630. Dated August 12,2010 is/are not met within the time frame(s) set forth in said Improvements Agreement. 6. This Credit shall be transferable, as directed by an authorized representative of the Board of County Commissioners of Weld County, Colorado. in compliance with Article 48 of UPC 500. We hereby promise you that a draft drawn under and in compliance with the terms and conditions of this Letter of Credit will be duly honored by us if presented at this office or by registered mail on or before the current expiration date, currently 6/1/12. (Expiration Date), or any future applicable expiration date as described herein. Draft presentation before 10:00 a.m. Mountain Standard Time on any Business Day shall be honored before 5:00 p.m. on the same Business Day by wire transfer in immediately available funds to any account designated by an authorized representative of Board of County Commissioners of Weld County, Colorado, (or any other reasonable means specified by said authorized representative). Draft presentation between 10:00 a.m. and 5:00 p.m. Mountain Standard Time on any Business Day shall be honored before 5:00 p.m. on the following Business Day by wire transfer in immediately available funds to any account designated by an authorized representative of Board of County Commissioners of Weld County, Colorado, (or any other reasonable means specified by said authorized representative). As used in this Credit, the term "Business Day" shall mean a day other than Saturday or Sunday or any day in which Banking Institutions in the State of Colorado are authorized or required by law to close. The parties to this Letter of Credit acknowledge that through the Improvements Agreement, Beneficiary reserved the right to require (Name of Company)to obtain a different Letter of Credit from a financial institution other than this Bank in the event that the rating of this Bank by Bauer Financial falls below a three star rating. This Letter of Credit sets forth in full the terms of 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 or to which this Letter of Credit relates. Except to the extent terms hereof are inconsistent with its provisions, in which case this Letter of Credit shall govern, this Letter of Credit is subject to the Uniform Customs and Practice for Documentary Credits (1993 Revision), the International Chamber of Commerce Publication No. 500. Yo uly, Jo Dill Branch President- Erie Summit Bank& Trust P.O. Box 173 199 S. Briggs St Erie, CO 80516 303-439-4888 303-439-4899 SUMMIT BANK & TRUST 199 S. BRIGGS STREET P.O. BOX 173 ERIE, co 80516 Memorandum Date: May 13, 2011 To: Michelle Martin, Planning Services From: John R. Dill, Summit Bank & Trust RE: Exchange / Modification of Letter of Credit #2065833035 Attached please find the revised replacement Letter of Credit for Rejoice Lutheran Church located at 3413 Lowell Lane, Erie, CO 80516. The original Letter of Credit in the amount of$53,123 was provided to Weld County in September 2010,to guarantee improvements to above property. It is our understanding per memorandum dated 5/12/11, that the original Letter of Credit for the $53,123 will be released and replaced with this revised Letter of Credit for $10,218.45. The new expiration will be one year 6/01/12. Please return the original Letter of Credit in the amount of$53,123 to my attention. Regard J R. Dill Branch President P.O. Box 173 199 S. Briggs St Erie,CO 80516 PHONE 303.439.4888 WWW.SUMMITBTCOM FAX 303.439.4899 U.S. Postal Service,. CERTIFIED MAILTM RECEIPT (Domestic Mail Only;No Insurance Coverage Provided) co F•rdelivery inf rmatl nvi•It•ur we•site at www.u•p•.c O N lr) Postage $ m /� O Certified Fee QI A D Pos. k /� Return Receipt Fee 7;7- (Endorsement I/ (Endorsement Required)CI • 7; Restricted Delivery Fee (Endorsement Required) ru Total Postage 8 Fees $ O Sent To 1:AtIsad 51.1-rye 4r.No.; //�� or P0 Box No./99 S igitc c /Jti 5/ et ry City,Stale,ZIPF4 1 t YY✓f/7'�1 SEN•E•: C•NI•LETS THIS SECTI•N COMPLETE rws secn•N ON •ELNE•v • Complete items 1,2,and 3.Also complete A. Signature Item 4 if Restricted Delivery is desired. xtildl , E ,^ O Agent • Print your name and address on the reverse 6/I I O Addressee so that we can return the card to you. B. Received , (Printed Name) C. Date of Delivery ■ 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 1. Article Addressed to: If YES,enter delivery address below: O No /1//fy/i,,)'vTam J'7/ Ls-i ' /W91 9 .5 )417/A A /Br,c %�/` S " S ✓! '� " /�� 3. IfdCerttiled Mail O Express Mail (Y) �.j�J/� O Registered O Retum Receipt for Merchandise e _ 6 O Insured Mall O C.O.D. 4. Restricted Delivery?(Extra Fee) O Yes 2, Article Number 7004 2890 0003 5709 8495 (Transfer from service label) PS Form 3811,February 2004 Domestic Retum Receipt loasasm-M-t540 Hello