HomeMy WebLinkAbout20100746.tiff 923 RESOLUTION
RE: APPROVE CANCELLATION AND RELEASE OF COLLATERAL FOR USE BY SPECIAL
REVIEW PERMIT#1591 - GIB SMITH
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 June 20, 2007, the Board approved the application of Gib
Smith, P.O. Box 10, Commerce City, Colorado 80037, for USR-1591,for a Use Permitted as a Use
by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts
(outdoor storage for trucks, trailers, recreational vehicles, boats, and equipment) in the
A (Agricultural) Zone District, on the following described real estate, to wit:
Part of the E1/2 of the NE1/4 of Section 7, Township
2 North, Range 66 West of the 6th P.M., Weld
County, Colorado, and
WHEREAS, on May 5, 2008, the Board of County Commissioners of Weld County,
Colorado, approved an Improvements Agreement According to Policy Regarding Collateral for
Improvements(Private Road Maintenance), between the County of Weld, State of Colorado, by and
through the Board of County Commissioners of Weld County, and Gib Smith, with terms and
conditions being as stated in said agreement, and accepted Irrevocable Letter of Credit#1401211,
drawn on Colorado Community Bank, 3650 35th Avenue, Evans, Colorado 80620, in the amount of
$26,006.28, and
WHEREAS,staff from the Weld County Departments of Planning Services and Public Works
have conducted a visual inspection and recommend full release of said collateral.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Irrevocable Letter of Credit, drawn on Colorado Community Bank, in the
amount of$26,006.28 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.
I Mill
3687923 04/20/2010 11:58A Weld County, CO 746
1 of 2 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 2010-PL0700
LPL, i3O`/ 14/ �/ •
CANCEL COLLATERAL -GIB SMITH
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 12th day of April, A.D., 2010.
BOARD OF COUNTY COMMISSIONERS
'--` WELD COUNTY, COLORADO
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ATTEST: .,� `-r- Ell, ,-
... 0 I.- Radem- h-r, C ir
Weld County Clerk to the`cieui •�'= .�•
aass
rbara Kirkmeyer, o-Tem
BY://✓r fi ��s :�i3i2 _ '._�
Deputy Cler the Boa , ',/ � ,�► ,��
Sean P. co way
APPROYD RM: /1
William F. Garcia
ounty Attorney EXCUSED
David E. Long
Date of signature: 99„1p/v
11111111111111111IIII! 1111111111111111 III11111IIII lilt 2010-0746
3687923 04/20/2010 11:58A Weld County, CO PL1900
2 of 2 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
MEMORANDUM
0-Dit
TO: Michelle Martin, Planning Services
DATE: 4/8/2010
Hastings, Public Works FROM: Richard g , Department
COLORADO
SUBJECT: Collateral Release
Gib Smith Trucking
(USR #1591, PL1900, 2008-1324)
Release of Collateral Status
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 (Private Road Maintenance) Document
# 2008-1324, have been completed and are found to be acceptable.
Weld County Collateral List:
Smith, Gib (USR#1591, PL1900, 2008-1324)
Imps Agrmt(Private Road) Letter of Credit#1401211
from Colorado Community Bank
Expires 04/20/09 w/Auto Renewal or 60 days notice $26,006.28
Received Replacement Irrevocable Letter of Credit on 08/04/09
#1401257 stating no renewal or draw requests as of 04/20/2010
Recommendation:
The Department of Public Works is recommending final release of collateral, in the amount of
$26,006.28, as shown above from the Weld County Collateral List.
pc: Heidi Hansen, Weld County Public Works
USR-1591 File 2010-0746
C:\Documents and Settings\dbechler\Local Settings Temporary Internet Files\ContentOutlook\HDO4AU84\Final Collateral Release(Gib Smith
USR-1591)-MEMO.docx
4tir; MEMORANDUM
WI TO: Board of County Commissioners
COLORADO DATE: April 9, 2010
FROM: Michelle Martine
SUBJECT: USR-1591
The Board of County Commissioners approved the Letter of Credit for the Private Improvements
Agreement for USR-1591 on June 30, 2007. USR-1591 is for a Site Specific Development Plan
and Special Review Permit for A Use Permitted as a Use by Right, an Accessory Use, or a Use by
Special Review in the Commercial or Industrial Zone Districts, (outdoor storage for trucks, trailers,
recreational vehicles, boats, and equipment) in the A (Agricultural) Zone District.
The Weld County Department of Planning Services and the Weld County Department of Public
Works conducted a site inspection and found the improvements complete and acceptable.
The Weld County Department of Public Works and the Weld County Department of Planning
Services is recommending final release of collateral in the amount of $26,006.28 for on-site
improvements.
Donna Bechler
From: Michelle Martin
Sent: Thursday, April 08, 2010 7:52 AM
To: Stephanie Arries
Cc: Richard Hastings; Donna Bechler
Subject: USR-1591
Hi Everyone,
Yesterday I conducted a site inspection of the site (USR-1591, Gib Smith) and noticed that fence had been completed.
Therefore based on the inspection done by Public Works(Heidi Hansen) and myself all the improvements have been
built per the improvements agreement. Let me know if you have any questions.
Michelle Martin
Planner Ill
1555 N 17th Ave
Greeley, CO 80631
mmartin@co.weld.co.us
PHONE: (970)353-6100 x 3540
FAX: (970)304-6498
1
Donna Bechler
From: Donna Bechler
Sent: Friday, March 19, 2010 3:19 PM
To: Michelle Martin
Subject: RE: Gib Smith
Michelle,
Thank you for sending me Mr. Smith's phone number. I called him and he said all he has left to do is some of the fence
and it will be done before April 20`h'so he won't be needing another Letter of Credit. I left a message for Rich, telling
him what Mr. Smith said, so I don't know what I'm supposed to tell Mr. Hergert from the bank if he calls me back on
Monday. My earlier e-mail from Rich said to notify the bank because the improvements haven't been completed.
Have a good weekend.
Donna
From: Michelle Martin
Sent: Friday, March 19, 2010 2:37 PM
To: Donna Bechler
Subject: RE: Gib Smith
Donna,
Donna,
Here is Mr. Smith phone number 303-619-9452. If you need any help or his mailing address I would be more than happy
to provide you with that information. Let me know if you need anything else.
Michelle Martin
Planner III
918 10th Street
Greeley,CO 80631
mmartin@co.weld.co.us
PHONE: (970)353-6100 x 3540
FAX: (970)304-6498
From: Donna Bechler
Sent: Friday, March 19, 2010 12:43 PM
To: Michelle Martin
Subject: Gib Smith
Hi Michelle,
I e-mailed Rich about Gib Smith,and he wrote me back saying you had contacted Mr.Smith recently, and would
probably know how I can get in contact with him. Instead of rewriting the whole thing, I did a copy/paste of the e-mail i
sent Rich.
Thanks,
Donna
1
I was wondering if you know how to contact Gib Smith. The last Letter of Credit we got from
the bank stated they would not renew his Letter of Credit after April 20, 2010. I called the
bank yesterday, and Mr. Hergert did not return my call. I called again this morning, and he
is out until Monday. I looked at the on-line phone directory, and there is not a Gib Smith
listed in Colorado, so I don't know how to contact him to see if he plans to get another
Letter of Credit elsewhere, or if I need to give the information to Stephanie and have her
start the collection procedure from Colorado Community Bank. Any help you can give me will
be appreciated.
DONNA J. BECHLER
Deputy Clerk to the Board
Weld County, Colorado
915 10th Street
Greeley, Colorado 80631
(970) 356-4000 Ext.4227
(970) 352-0242 (fax)
Website: www.co.weld.co.us
Email: dbechler@co.weld.co.us
2
Donna Bechler
From: Stephanie Arries
Sent: Thursday, March 25, 2010 8:59 AM
To: Michelle Martin
Cc: Richard Hastings; Donna Bechler
Subject: Gib Smith
Michelle
Donna has asked about the collateral.
We need something in writing from you to him telling him that if he has not completed the fence OR if he does not have
replacement collateral in place on or before April 9, 2010,the County will draw on the existing letter of credit for the
value of 1/2 (or whatever is left) of the cost to complete the fence.
We need something in writing to tell him what we are doing.You will also need to send a copy of your communication
to the Bank.
Call me if you want to discuss this further.
Stephanie
1
rest
DEPARTMENT OF PLANNING SERVICES
1555 N 17th Ave Greeley, CO 80631
' WEBSITE: www.co.weld.co.us
W� C E-MAIL: m97 ) 35 6100, Ex
. 3540
Phone (970) 353-6100, Ext. 3540
Fax (970) 304-6498
COLORADO
April 1, 2010
Gib Smith
PO Box 10
Commerce City CO 80037
RE: USR-1591: Part of E2 of the NE4 of Section 7, T2N, R66W of the 6th P.M., Weld County,
CO
Dear Mr. Smith:
On June 20, 2007 the Weld County Board of County Commissioners approved your
Improvements Agreement. As a part of the agreement it was determined the following items
needed to be completed: site grading, street base, fencing, and ADA parking.
Weld County staff completed a site inspection in March of 2010 and noted that the only
outstanding condition was the fencing. Colorado Community Bank has indicated in a letter
dated August 4, 2009 they will not renew the letter of credit or honor any draw request on the
letter of credit# 1401257 on or after April 20, 2010.
Therefore, if the fence is not completed OR if you don't have replacement collateral in place on
or before April 9, 2010, the County will draw on the existing letter of credit for the value of 1/2 (or
whatever percentage of the fence remains incomplete on that date) of the cost to complete the
fence.
If you have further question, please contact me at the above address or call (970) 353-6100 ext.
3540.
Since
Michelle Martin
Planner III
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Attsn
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F PLANNING SERVICES
Ave Greeley, CO 80631
I f ti ._ -�C�{l U /ti43 �� ITE: www.co.weld.co.us
1 c `f✓a mmartin@co.weld.co.us
V l O • 53-6100, Ext. 3540
C&,f; , y_ ' r/ 970)al Fax(970) 304-6498
COLORADO '
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April 1, 2010 —/Ze / tu
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Gib Smith
PO Box 10
Commerce City CO 80037
RE: USR-1591: Part of E2 of the NE4 of Section 7, T2N, R66W of the 6th P.M., Weld County,
CO
Dear Mr. Smith:
On June 20, 2007 the Weld County Board of County Commissioners approved your
Improvements Agreement. As a part of the agreement it was determined the following items
needed to be completed: site grading, street base, fencing, and ADA parking.
Weld County staff completed a site inspection in March of 2010 and noted that the only
outstanding condition was the fencing. Colorado Community Bank has indicated in a letter
dated August 4, 2009 they will not renew the letter of credit or honor any draw request on the
letter of credit# 1401257 on or after April 20, 2010.
Therefore, if the fence is not completed OR if you don't have replacement collateral in place on
or before April 9, 2010, the County will draw on the existing letter of credit for the value of 1/2 (or
whatever percentage of the fence remains incomplete on that date) of the cost to complete the
fence.
If you have further question, please contact me at the above address or call (970) 353-6100 ext.
3540.
Sincerely,
Michelle Martin (� ��
Planner III �� _2 �' G' �� _ �GL xv
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April 19, 2010 . ,' !i r O _I
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Gib Smith
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P.O. Box 10 O 03 r
Commerce City, Colorado 80037
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RE: Cancellation and release of Collatera N I>
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Mr. Smith: 1''
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On April 12, 2010, the Board of County Com 2
collateral for Gib Smith, in the amount of$26 ;.r I
the Resolution signed by the Board of Court -"Ed
copy of the signed Resolution, please con (gill
Irrevocable Letter of Credit No. 1401211 for$ ;;a,
Bank. i,) 0 0 W
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If you have questions or need additional info' ID z 3 k CA
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356-4000, Extension 4227. 0 z X ; c 2 H Very truly yours, o v tit ii
BOARD OF COUNTY COMMISSIONERS = io o
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Donna J. Be er — o ID iarc 4-
Deputy Clerk to the Board o � n "' t;' � {'
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• CLERK TO THE BOARD
PHONE (970) 336-7215, Ext. 4225
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FAX: (970) 352-0242
P. 0. BOX 758
CGREELEY, COLORADO 80632
COLORADO
April 19, 2010
Attn: Larry Hergert
Colorado Community Bank
3650 35th Avenue
Evans, Colorado 80620
RE: Cancellation and release of Collateral — Gib Smith
Mr. Hergert:
Attached hereto please find the Board of County Commissioners Resolution releasing the
collateral for Gib Smith, in the amount of$26,006.28, and the original Irrevocable Letter of
Credit No. 1401211, issued by Colorado Community Bank, in the amount of $26,006.28.
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
Donna J. Bei' ler,
Deputy Clerk to the Board
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IRREVOCABLE LETTER OF CREDIT NO. 1401211 O -I 6y
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April 22,2008 t‘4c,
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Board of County Commissioners
ATTN: Clerk to the Board
P.O.Box 758
Greeley,CO 80632
RE: Case#USR-1591,Gib Smith
Dear Board of Commissioners:
We hereby open our Irrevocable Letter of Credit in your favor for the account of Gib Smith,P.O.Box 10
Commerce City,CO 80037, for a sum not to exceed the aggregate of$26,006.28. (Twenty six thousand, six
dollars and twenty-eight cents).
Each draft so drawn must be marked"Drawn under COLORADO COMMUNITY BANK,3650 351H
AVENUE,EVANS,CO 80620,"Letter of Credit No. 1401211 and be accompanied by a"signed statement
from the Board of County Commissioners of Weld County,Colorado stating the applicant,Gib Smith,has
committed a material breach of the improvements regarding Case#USR-1591 dated the 22nd day of April,
2008 by and between the applicant,Gib Smith and the Board of County Commissioners of the County of
Weld."
This credit is subject,so far as applicable,to"The Uniform Customs and Practice for Documentary Credits,
1993 Revision,The International Chamber of Commerce Publication No. 500."
We hereby agree with you that all drafts drawn under and in compliance with the terms of this credit will
be duly honored and presented for payment to our branch office, COLORADO COMMUNITY BANK,
3650 35111 AVENUE,EVANS,CO 80620.This letter of credit will expire on April 20,2009 at 2:00 P.M.
This letter of credit is automatically extended without amendment, for additional one year periods from the
current expiration or any future expiration date unless 60 days prior to such current expiration date,
COLORADO COMMUNITY BANK notifies beneficiary in writing that the letter of credit will not be
renewed.In the case you receive such a notification,you may draw by presentation of the following: (a)a
draft at sight on COLORADO COMMUNITY BANK: (b) a statement purportedly signed by an official of
the Board of County Commissioners of Weld County,Colorado stating that we have receive notice from
COLORADO COMMUNITY BANK the Letter of Credit No. 1401211 will not be renewed and that Gib
Smith has failed to provide proof of adequate collateral and substitution of this Letter of Credit No.
1401211: (c)copy of letter from COLORADO COMMUNITY BANK stating non-renewal of Letter of
Credit No. 1401211 and the original letter of credit.
You ly, a
Lariry E.Herg ert
Branch President
Colorado
Community Bank
August 4, 2009
Donald D. Warden
Clerk to the Board
PO Box 758
Greeley, CO 80632
RE: Gib Smith- Irrevocable Letter of Credit# 1401257;
Replacement of Irrevocable Letter of Credit# 1401211
Dear Mr. Warden:
The letter is a follow up to my conversation with Donna Bechler several weeks ago that
Colorado Community Bank had continued to maintain its Letter of Credit for Gib Smith
until April 20, 2010. Please note the change in the LOC number as shown above.
In addition, this letter is to provide Notification to the Board of Commissioners of Weld
County that Colorado Community Bank WILL NOT renew said Letter of Credit or
honor any draw requests on Letter of Credit# 1401257 on or after April 20, 2010.
Should you have any questions, please contact me at the Evan Branch Office. The phone
number is (970) 339-8430. Thank you.
Y ur `n`�
LLanyny E. Hergert
Senior Vice President
"Community Banking at its Best!"
Akron.CO 80720 Castle Rock,CO 80104 Centennial,CO 80015 Evans.CO 80620 Firestone,CO 805
(9701 345-2026 (303)688-4900 (303)693-7009 (970)339-8430 (720)652-7255
Greeley,CO 80634 Highlands Ranch,CO 80130 Johnstown,CO 80534 Loveland,CO 80537
(970)330-6090 (303)346-6300 1970)587-21611 (970)278-0040 Yumu-CO 8075
Milliken,CO 80543 Otis,CO 80743 Severance,CO 80546 Sterling.CO 80751 (970) 848-383)
(970)587-2880 (970) 246-3456 (970)686-9090 (970)522-5151 (970)8483500,
www.coloradocommunitybank.com
Colorado
Community Bank CQ
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April 24, 2008
Michelle Martin
Weld County Department of Planning Services
4209 County Road 241/2
Longmont, CO 80504
RE: Gib Smith- Irrevocable Letter of Credit# 1401212
Dear Michelle:
Enclosed is Gib's ILOC that your office has requested on Gib Smith. Please contact me
if you have any questions.
Y / trulyCL 1
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Larry E. ergert V
Branch President
End (1)
"Community Banking at its Best!"
Akron,CO 80720 Castle Rock.CO 80104 Centennial,CO 80015 Evans,CO 80620 Firestone,CG 8
(970) 345-2026 (303)688-4900 (303)693-7009 (970)339-8430 (720)652-72
Greeley,CO 80634 Highlands Ranch,CO 80130 Johnstown.CO 80534 Loveland,CO 80537
(970)330-6090 (303)346-6300 (970)587-2160 (970)278-0040 Yuma,CO 80
Milli ken,CO 80543 Otis.CO 80743 Severance.CO 80546 Sterling.CO 80751 (970) 848-32
(9701)587-288(1 (970) 246-3456 (970)686-9090 (970)522-5151 (970)848-35
www.coloradocommunitybank.com
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