HomeMy WebLinkAbout20101359.tiff 964
RESOLUTION
RE: APPROVE PARTIAL CANCELLATION AND RELEASE OF COLLATERAL (PRIVATE
ROAD MAINTENANCE) FOR SITE PLAN REVIEW, SPR #417 - LUCKY STARS CAR
WASH, LLC, CIO PAUL GONZALES, JR.
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 March 24, 2008, the Department of Planning Services approved Site Plan
Review, SPR#417, for Frontier Companies, LLC, do Wendell Pickett, 1700 Kylie Drive, Suite 240,
Longmont, Colorado 80504, for an indoor shooting range including retail, sales,and a safety training
facility on the following described real estate, to-wit:
Lots 8 and 9, Block 2,Western Dairymen Cooperative
Subdivision; being part of the NE1/4 of Section 10,
Township 2 North, Range 68 West of the 6th P.M.,
Weld County, Colorado
WHEREAS, on April 29, 2009, 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 Lucky Stars Car Wash, LLC, do
Paul Gonzales, Jr., P.O. Box 6428, Longmont, Colorado 80501, for property located at 3575
Stagecoach Road, Longmont, Colorado, 80501, with terms and conditions being as stated in said
agreement, and accepted Irrevocable Letter of Credit No. 045 from AmFirst Bank, N.A., 5201 South
Yosemite Street, Suite 100, Greenwood Village, Colorado 80111, in the amount of$68,844.65,and
WHEREAS,staff from the Weld County Departments of Planning Services and Public Works
have conducted a visual inspection and recommend release of a portion of said collateral, in the
amount of$57,844.65, and
WHEREAS, the Board has been presented with replacement Irrevocable Letter of Credit
No. 052, dated May 24, 2010, in the amount of$11,000.00,drawn on AmFirst Bank, 916 South Main
Street, Suite 100, Longmont, Colorado 80501, and
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that Irrevocable Letter of Credit No. 045, from AmFirst Bank, N.A., 5201 South
Yosemite Street, Suite 100, Greenwood Village, Colorado 80111, in the amount of$68,844.65, be,
and hereby is, canceled and released.
BE IT FURTHER RESOLVED by the Board that replacement Irrevocable Letter of
Credit No. 052, dated May 24, 2010, in the amount of $11,000.00, drawn on AmFirst Bank, 916
South Main Street. Suite 100. Lonamont. Colorado 80501, be and hereby is, accepted.
1 11111111111 1111111'11 11111111111111111 III HIDE O'
3704964 07/13/2010 11:19A Weld County, CO
1 of 2 R 0.00 0 0.00 Steve Moreno Clerk& Recorder
ea : PL , t , 4'pp(• , &nL 2010-1359
PL2016
4.2 /-/o
PARTIAL CANCELLATION AND RELEASE OF COLLATERAL(PRIVATE ROAD MAINTENANCE)
FOR SITE PLAN REVIEW, SPR #417 - LUCKY STARS CAR WASH, LLC, C/O PAUL
GONZALES, JR.
PAGE 2
BE IT FURTHER RESOLVED by the Board that the Clerk to the Board be, and hereby is,
directed to return said released collateral to the appropriate issuing party.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 23rd day of June, A.D., 2010.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: 5a. 1 . < _� • /. .
glas 'ademach-r, Cthair/
Weld County Clerk to the •� Rf, At;y
ik
�r 'aR0 r`,-rbara Kirkmeyer, Pro- em
Deputy Clerk to the Boar c_ P, ------0
Sean P. way
APP D A M: '70
Wiliam F. •
ounty Attorney \ �� ` cd
David-E. Lon )i,,'
Date of signature: L-07940
1 111111111111111111111111111111111II1111111111I III
3704964 07/13/2010 11:19A Weld County, CO 2 of 2 R 0.00 D 0.00 Steve Moreno Clerk & Recorder 2010-1359
PL2016
Kik Memorandum
TO: Clerk to the Board Office
1 Board of County Commissioners
C. DATE: June 18, 2010
tz
COLORADO FROM: Kim Ogle
Department of Planning Services
RE: Partial Release of Collateral
Case No. SPR-417
JoEllen and Paul Gonzales, applicants
The Department of Planning Services has received a request for partial release of collateral held for
the Trigger Time Gun Club indoor shooting range (File No. SPR-417), 3575 Stagecoach Road,
Longmont, Colorado, currently held in the amount of sixty-eight thousand eight hundred forty-four
and 65/100 ($68,844.65) dollars.
The applicant's have made the request for partial release of collateral to commence with the one-
year warranty period, as many of the required site improvements have been completed.At this time,
Public Works has determined that all transportation related items are complete; Planning has
determined that most of the landscaping improvements are complete,and has accepted the owner's
request that the remaining items be completed within the next thirty days.
The Departments of Planning Services and Public Works have reviewed this request and support
the release of collateral, with retention of the Warranty Collateral for one year from the Board of
County Commissioners approval. The replacement collateral is an Irrevocable Letter of Credit No.
052 from AmFirst Bank, 916 Main Street, Suite 100, Longmont Colorado 80501 in the amount of
eleven thousand ($11,000.00) dollars.
u
C)
2010-1359
MEMORANDUM
TO: Kim Ogle, Planning Services
D� DATE: 6/16/2010�.
COLORADO FROM: Richard Hastings, Public Works Department
SUBJECT: Partial Release of Collateral
Lucky Stars Car Wash, LLC
a.k.a.-"Trigger Time Gun Club"
(SPR #417, PL2016, 2009-1029)
Request for Partial Release of Collateral:
The Department of Planning Services received a request from the applicants, Paul and JoEllen
Gonzales, requesting an inspection of the property in order to obtain the partial release of
collateral and to begin the one-year warranty period.
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
# 2009-1029, have been completed and are found to be acceptable.
Weld County Collateral List:
Lucky Stars Car Wash, LLC, do Paul Gonzales, Jr. (PL2016)
(#2009-1029) SPR #417 - Improvements Agrmt
Private Road Maintenance, Irrevocable Letter of Credit#045
from AmFirst Bank
Expires 04/17/2010 with auto renewal
Unless 60 days notice $68,844.65
Recommendation:
The Department of Public Works is recommending partial release of collateral, as shown above
from the Weld County Collateral List, in the amount of$57,844.65 This leaves a balance of
$11,000.00 to serve as Warranty Collateral for a period of one year from the date the Board of
County Commissioners approves this request.
Any non-Public Works-related items should be verified by Planning Services prior to collateral
release.
pc: Don Carroll, Weld County Public Works
SPR-417 File
C:\Documents and SettingsUcogle\Local Settings\Temporary Internet Files\ContentOutlook\NUIE6KGO\Partial Collateral Release(Lucky Stars
Car Wash LLC-Trigger Time Gun Club SPR-417)-MEMO_docx
May 24, 2010
TO: Kim Ogle,Weld County Planning Services
FR: Ed Lister, AmFirst bank, NA
RE: Exchange of Letters of Credit J(
Attached please find the replacement Letter of Credit for Paul Gonzales Jr./ Lucky stars Car Wash, LLC
for the property located at 3575 Stagecoach Road in Longmont, Colorado. The original Letter of Credit
in the amount of$68,844.65 was provided to Weld County in April of 2009 to guarantee construction
and completion of specific elements of this project. It is our understanding per your email dated May
17, 2010 that many of the elements have now been completed and you will recommend to the Board of
County Commissioners that they release the original Letter of Credit and accept this new Letter of Credit
in the amount of$11,000 instead.
Please return the original Letter of Credit in the amount of$68,844.65 to my attention at :
Attention Ed Lister
AmFirst Bank, NA
916 South Main Street
Longmont, Colorado 80501
L1AMFIRST BANKNA.
IRREVOCABLE LETTER OF CREDIT NO.052
May 24, 2010
Board of County Commissioners-Weld County
Attn: Clerk to the Board
P.O. Box 758
Greeley, CO 80632
RE: Lucky Stars Car Wash LLC
Gentlemen:
We hereby open our Irrevocable Letter of Credit in your favor for the account of Lucky Stars Car Wash
LLC, 3575 Stage Coach Road, Longmont, CO 80504,for a sum not to exceed the aggregate of ELEVEN
THOUSAND AND 00/100($11,000.00).
Each draft so drawn must be marked "Drawn under AMFIRST BANK, N.A., 916 S Main,Suite 100,
Longmont,CO 80501 Letter of Credit No. 052 and be accompanied by a "signed statement from the
Board of County Commissioners of Weld County, Colorado stating the Lucky Stars Car Wash, LLC has
committed a material breach of the Improvements Agreement According to Policy Regarding collateral
for Improvements regarding 3575 Stage Coach Rd, Longmont Co 80504 dated the 17`"day of April,2009
by and between Lucky Stars Car Wash, LLC 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, 2006 Revision,The International Chamber of Commerce Publication No. 600."
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 main office,AMFIRST BANK, N.A. 5201 S
Yosemite St., Suite 100, Greenwood Village CO 80111. This letter of credit will expire on May 24, 2011
at 3:00 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
AMFIRST BANK, N.A. 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 AMFIRST BANK, N.A.; (b)a statement purportedly signed by an official of the Board of County
916 South Main Street, Suite 100, Longmont, Colorado 80501
(303) 702-9200 • (303) 702-9205 Fax
Letter of Credit No.052
Page Two
Commissioners of Weld County, Colorado stating that we have received notice from AMFIRST BANK,
N.A.,the Letter of Credit No. 052 will not be renewed and that Lucky Stars Car Wash LLC has failed to
provide proof of adequate collateral and substitution of this Letter of Credit No.052; (c)copy of letter
from AMFIRST BANK, N.A. stating non-renewal of Letter of Credit No. 052 and the original letter of
credit.
Yours truly,
AMFIRST BANK, N.A.
J Edmund Lister
Sr. Vice President
Donna Bechler
From: Donna Bechler
Sent: Monday, May 17, 2010 3:22 PM
To: Richard Hastings
Subject: RE: Improvements Agreement Update
I will do that. Thanks Rich.
Original Message
From: Richard Hastings
Sent: Monday, May 17, 2010 3:19 PM
To: Donna Bechler
Cc: Kim Ogle; Donald Carroll
Subject: RE: Improvements Agreement Update
Donna,
Please see attached photo, which contains the address for the Gun Club which is what the
collateral release is for. I know, it sounds funny a car wash which is now a gun club. Kim
might be able to provide further info. I would send it to the Stagecoach address if it were
me.
Thanks,
Rich Hastings
Weld County Public Works/Engineering Dept.
1111 H Street (Site Address)
P.O. Box 758 (Mailing Address)
Greeley, CO 80632-0758
Office: (970) 304-6496 EXT. 3727
Cell: (970) 381-3767
rhastings@co.weld.co.us
Original Message
From: Donna Bechler
Sent: Monday, May 17, 2010 2:18 PM
To: Kim Ogle; Richard Hastings
Subject: RE: Improvements Agreement Update
I would really appreciate it if either of you could find out the mailing address for Lucky
Stars Car Wash. When I sent the letter to the bank notifying them the Letter of Credit was
about to expire, I also sent one to Lucky Stars at 1420 N. Main St in Longmont, and it was
returned to me because there wasn't a mail receptacle at that location. If we are planning
to release part of the collateral, I will need their current mailing address when we send
them a copy of the resolution.
Thanks,
Donna
1
From: Kim Ogle
Sent: Monday, May 17, 2010 1:30 PM
To: Richard Hastings
Cc: Donna Bechler
Subject: FW: Improvements Agreement Update
FYI
From: Ed Lister [mailto:elister@amfirstbank.com]
Sent: Monday, May 17, 2010 1:21 PM
To: Kim Ogle
Subject: RE: Improvements Agreement Update
Many thanks JoEllen. Will get renewal done this week.
Ed Lister
AmFirst Bank, NA
916 5. Main Street
Longmont,Colorado 80501
303-702-9200 Telephone
303-594-1559 Cell
303-702-9205 Fax
Email:elister@amfirstbank.com
From: Kim Ogle [mailto:kogle@co.weld.co.us]
Sent: Monday, May 17, 2010 1:16 PM
To: 'JoEllen and Paul G'
Cc: Ed Lister; Richard Hastings; Kim Ogle
Subject: RE: Improvements Agreement Update
JoEllen
Thank you for your prompt, Staff visited the property late last week and found the property
to be in substantial compliance. Staff would support a reduction in the Collateral held for
this project from $68,844.65 to $11,000 which is more than the 15% replacement collateral
required as per policy outlined in your improvements agreement. The actual number would be
10,326.70 dollars. To facilitate this request, the Department of Planning Services will
require replacement collateral in this amount or the $11,000 dollar amount. Upon receipt of
the replacement collateral, staff will schedule the hearing with the Board of County
Commissioners to accept the replacement collateral. Please contact this office with any
questions or concerns. Thank you.
2
Kim Ogle
Weld County Planning Services - Greeley Office
1555 North 17th Avenue I Greeley CO 80631 I kogle@co.weld.co.us <mailto:kogle@co.weld.co.us>
T: 970.356.4000 x 3549 I F: 970 304 6498
From: JoEllen and Paul G [mailto:joandpaulg@yahoo.com]
Sent: Monday, May 10, 2010 8:56 PM
To: Kim Ogle
Cc: elister@amfirstbank.com
Subject: Improvements Agreement Update
Hi Kim. We spoke with Chris Gathman this afternoon and he suggested that we contact you
regarding an Improvements Agreement that we have between Weld County and Paul Gonzales Jr. /
Lucky Stars Car Wash, LLC. This agreement is for the property known as 3575 Stagecoach Road
South, Lot 8 Block 2, Western Dairymen Cooperative, Inc. 3rd AMPF-431. It has also been
referenced as SPR-417. (It may also be known as the Trigger Time Gun Club project.)
The Letter of Credit for this Agreement expired on April 17th and we have been working with
our bank, AmFirst Bank, to renew it. We are hereby requesting partial release of this Letter
of Credit due to the fact that most of the improvements have been completed. Exhibit A
attached to our agreement specifically breaks down the estimated costs for the improvements
and the total amount is $68,844.65. Of this amount, all improvements have been completed
except for hydroseeding the area on the west side of the property which we anticipate to be
complete by the end of May. We are requesting that the renewed Letter of Credit amount be
reduced from $68,844.65 to $11,000 which is about half of the total landscaping costs. We
would be happy to send photographs of our property, if that would be helpful in making the
determination to reduce this amount.
Please let us know what we need to do so that we can finalize this portion of the paperwork
with our bank, as soon as possible.
You can reach Paul at 303-330-6606 or JoEllen at 303-818-0333. We are copying our banker, Ed
Lister with AmFirst Bank, on this email and we are sure that if you have questions you can
reach him via email or at 303-702-9200.
3
Thank you in advance for your time concerning this matter.
Paul and ioEllen Gonzales
Confidentiality Notice: The information included in this e-mail and any attachment is
intended only for the personal and confidential use of the individual or entity to which they
are addressed. This message, including attachments, may contain privileged and confidential
communications. If you as the reader are not the intended recipient, you are hereby notified
that you have received this communication in error and that any retention, review, use or
distribution of this communication or the information contained in it is strictly prohibited.
If you received this e-mail in error, destroy it immediately and please notify the sender
elister@amfirstbank.com of this message.
4
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CLERK TO THE BOARD
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COLORADO __
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March 18, 2010 r 1/4- >'° W ear
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Attn: J Edmund Lister `'w�`
,{ ' h O ri w OLIO -
AmFirst Bank N.A. t 'y
5201 South Yosemite Street, Suite 100 r J 0 o
Greenwood Village, Colorado 80111��,+yt 2 M ;>w o
Q a g ua F
RE: Letter of Credit#045— Lucky Stars 3 N MOD 0
Mr. Lister: Q m
O O la
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This letter shall act as a confirmation of yoi Q Z ' x o
County under the above-referenced Letter N Z O i m
As you are aware, on the 17th day of April, 2 a
Lucky Stars Car Wash naming the Board c c
beneficiary. The dollar amount of the Lette Dv• 0 t
Hundred Forty-four and 65/100 ($68,844.6
The terms of the Letter of Credit require th; r
April, 2010. If your institution intends to tei
required to provide notice to Weld County
/
receipt of said notification, the terms of the
-t I
If you have any questions regarding this le . N 4 1 0o iD
disagree with any of the statements contai Q M
ext. 4227, or e-mail me at dbechler@co.wf O c
ED co
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Very truly yours,
2
0o O �'�s�
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Bruce T. Barker w O re
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Clerk to the Board
at
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By: - G va
eputy Cler o the Board r -
la T�pc Lucky Stars Car Wash, LLC �Me
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res
CLERK TO THE BOARD
WI
PHONE (970) 336-7215, Ext. 4225
FAX: (970) 352-0242
P. O. BOX 758
O GREELEY, COLORADO 80632
COLORADO
June 24, 2010
Attn: J. Edmund Lister
AmFirst Bank
916 South Main Street, Suite 100
Longmont, Colorado 80501
RE: Cancellation and release of Collateral — Lucky Stars Car Wash, LLC, c/o Paul
Gonzales, Jr.
Mr. Lister:
Attached hereto please find the Board of County Commissioners Resolution releasing the
collateral for Lucky Stars Car Wash, LLC, do Paul Gonzales, Jr., in the amount of $68,844.65,
and accepting replacement Irrevocable Letter of Credit No. 052 for $11,000.00, and also the
original Irrevocable Letter of Credit No. 045, issued by AmFirst Bank, in the amount of
$68,844.65.
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 �fIdl
onna J. Be 1er;
Deputy Clerk to the Board
(it
CLERK TO THE BOARD
PHONE (970) 336-7215, Ext. 4225
FAX: (970) 352-0242
CP. O. BOX 758 GREELEY, COLORADO 80632
COLORADO
June 24, 2010
Paul Gonzales, Jr.
P.O. Box 6428
Longmont, Colorado 80501
RE: Cancellation and release of Collateral for Lucky Stars Car Wash, LLC
Mr. Gonzales;
On June 23, 2010, the Board of County Commissioners approved the partial cancellation and
release of collateral for Lucky Stars Car Wash, LLC, in the amount of$68,844.65, as referenced
above, and accepted replacement collateral from AmFirst Bank, in the amount of $11,000.00.
Enclosed is a copy of the Resolution signed by the Board of County Commissioners. If you wish to
receive a recorded copy of the resolution,you can contact the Recording Department with the Clerk
and Recorders office in a few weeks. The original Irrevocable Letter of Credit No. 045 for
$68,844.65 has been returned to AmFirst Bank, N.A..
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. Bec er
Deputy Clerk to the Board
coot .fie
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s e1Q,
�i� AMFIRST BANKNA QAGty C2e CO y eV 6
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IRREVOCABLE LETTER OF CREDIT NO. 045
April 17, 2009
Board of County Commissioners-Weld County
Attn: Clerk to the Board
P.O. Box 758
Greeley, CO 80632
RE: Lucky Stars Car Wash LLC
Gentlemen:
We hereby open our Irrevocable Letter of Credit in your favor for the account of Lucky Stars Car Wash
LLC, 3575 Stage Coach Road, Longmont, CO 80504, for a sum not to exceed the aggregate of SIXTY
EIGHT THOUSAND EIGHT HUNDRED FORTY FOUR AND 65/100 ($68,844.65).
Each draft so drawn must be marked "Drawn under AMFIRST BANK, N.A., 5201 S Yosemite St., Suite 100,
Greenwood Village CO 80111, Letter of Credit No. 045 and be accompanied by a "signed statement from
the Board of County Commissioners of Weld County, Colorado stating the Lucky Stars Car Wash, LLC has
committed a material breach of the Improvements Agreement According to Policy Regarding collateral
for Improvements regarding 3575 Stage Coach Rd, Longmont Co 80504 dated the 17th day of April, 2009
by and between Lucky Stars Car Wash, LLC 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, 2006 Revision,The International Chamber of Commerce Publication No. 600."
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 main office,AMFIRST BANK, N.A. 5201 S
Yosemite St., Suite 100, Greenwood Village CO 80111. This letter of credit will expire on April 17, 2010
at 5:00 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
AMFIRST BANK, N.A. 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 AMFIRST BANK, N.A.; (b) a statement purportedly signed by an official of the Board of County
916 South Main Street, Suite 100, Longmont, Colorado 80501
(303) 702-9200 • (303) 702-9205 Fax
Letter of Credit No. 045
Page Two
Commissioners of Weld County, Colorado stating that we have received notice from AMFIRST BANK,
N.A.,the Letter of Credit No. 045 will not be renewed and that Lucky Stars Car Wash LLC has failed to
provide proof of adequate collateral and substitution of this Letter of Credit No.045; (c) copy of letter
from AMFIRST BANK, N.A. stating non-renewal of Letter of Credit No. 045 and the original letter of
credit.
Yours truly,
AMFIRST BANK, N.A.
J Edmund Lister
Sr.Vice President
SENaE': CeM•LETE THIS SECTIeN CQf]PLE7E THIS SEC r:Cn GN •ELIVEHI'
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1. Article Addressed to: If YES,enter delivery address below: O No
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