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Home My WebLink About20090500804 RESOLUTION RE: APPROVE PARTIAL CANCELLATION AND RELEASE OF COLLATERAL FOR PLANNED UNIT DEVELOPMENT FINAL PLAN, PF #1097 - BREAKNECK WELD PROPERTIES, LLC 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 28, 2006, the Board approved the application of Breakneck Weld Properties, LLC, 10845 West 32nd Avenue, Wheat Ridge, Colorado 80034, for Change of Zone, PZ #1097, from the A (Agricultural) Zone District to the PUD (Planned Unit Development) Zone District for nine (9) lots with E (Estate) Zone uses; and on March 30, 2007, the Department of Planning Services approved a PUD Final Plan, PF #1097, for nine (9) lots with E (Estate) Zone uses on the following described real estate, to wit: N1/2 NW1/4 of Section 6, Township 3 North, Range 68 West of the 6th P.M., Weld County, Colorado, and WHEREAS, on March 24, 2008, the Board of County Commissioners of Weld County, Colorado, approved an Improvements Agreement According to Policy Regarding Collateral for Improvements (Public Road Maintenance) for Keller Estates PUD, between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Breakneck Weld Properties, LLC, with terms and conditions being as stated in said agreement, and accepted Irrevocable Letter of Credit No. 1063, drawn on the FirsTier Bank, 18870 East Plaza Drive, Suite 101, Parker, Colorado 80134, in the amount of $77,372.00, and WHEREAS, staff from the Weld County Departments of Planning and Public Works have conducted a visual inspection and recommend partial release of said collateral in the amount of $65,766.20. WHEREAS, the Board has been presented with an Amendment to Irrevocable Letter of Credit No. 1063, drawn on FirsTier Bank, in the amount of $11,605.80, which shall be retained for a period of one year as warranty collateral. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that Irrevocable Letter of Credit No. 1063, drawn on the FirsTier Bank, in the amount of $77,372.00 be, and hereby is, partially canceled and released, and that the remaining balance of $11,605.80, be, and hereby is, accepted. 111111111111111111 IIII 11111 11111 111111 III 11111 III! IIII 3609804 03/10/2009 01.22P Weld County, CO 1 of 2 R 0.00 0 0.00 Steve Moreno Clerk & Recorder 2009-0500 PL1843 PARTIAL CANCELLATION OF COLLATERAL - BREAKNECK WELD PROPERTIES, LLC PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 25th day of February, A.D., 2009. ATTEST: Pal Weld County Clerk to the BY l'l,t'S'iRti De. Clerk the Board PR • QED FORM: my Attorney Date of signature. 3l1 BOARD OF COUN Y COMMISSIONERS WE D LORADO illiam F. Garcia, Chair �uv e—�.. ougla ademac` er, J Sean P. Conway arl a Kirkmey David E. Long Pro-Tem 1111111 11111 111111111111111 11111 111111I I 111111 1111 111 3609804 03/10/2009 01:22P Weld County, CO 2 of 2 R 0.00 D 0.00 Steve Moreno Clerk & Recorder 2009-0500 PL1843 441(4. COLORADO TO: DATE: FROM: SUBJECT: MEM0RANDuwyt�cn�dTRs Board of County Commissioners February 23, 2009 Kim Ogle, Planning Managert/ 4 . 71 FED 23 A 9: 45 Partial Release of Irrevocable Letter of Credit No. 1062 and No. 1063 from FirsTier Bank of Broomfield, Colorado for Keller Estates PUD, Case number PF-1097 Tom Radigan, Applicant representing Breakneck Weld Properties, Inc. The Department of Planning Services was noticed that the Department of Public Works had received a request from Tom Radigan of Breakneck Weld Properties, LLC, for the partial release of collateral for the private and public road improvements associated with Keller Estates, PUD. Mr Radigan has submitted an amendment to Irrevocable Letter of Credit for Private Road Maintenance # 1062 from the FirsTier Bank for Keller Estates PUD, case number PF-1097 in the amount of fifty-four thousand eight hundred thirty-six (54,836.70) dollars and 70/100s. He has also submitted an amendment to Irrevocable Letter of Credit for Public Road Maintenance # 1063 from the FirsTier Bank for Keller Estates PUD, case number PF-1097 in the amount of eleven thousand six hundred five (11,605.80) dollars and 80/100s. Items covered under this Letter of Credit include the fifteen percent retention for the pavement warranty period. The Weld County Attorney, the Department of Public Works and the Department of Planning Services, have determined that the amount of the agreement will be sufficient to complete the warranty work required for Keller Estates PUD, and the Department of Planning Services recommends acceptance of the Irrevocable Letter of Credit number 1062 and 1063 from FirsTier Bank of Broomfield, Colorado. 2009-0500 Wieeto UDc. COLORADO MEMORANDUM TO: Board of County Commissioners DATE: February 23, 2009 FROM: Kim Ogle, Planning Services SUBJECT: PF #1097 Keller Estates Private and Public Road Maintenance Partial Release of Warranty Collateral The Department of Planning Services performed a site investigation of the Keller Estates PUD located in southwest Weld County, near the intersection of County road 1 and County road 38. Visual inspection found the site to be in general compliance. The mail box insert for the mail box/ bus shelter is not installed, however, it is on site pending the sale of residential parcels. With sale of one or additional parcels, the mail insert will be installed and secured. The access to the bus shelter from the edge of the pavement is undefined and currently exists as crusher fines. There are two or more construction debris piles located on the southern lot located adjacent to County road 1, and on the site of the original farmstead. Staff has contacted the applicant to ascertain the status of the material. All other improvements are in place, including but not limited to the fencing, seeding, electronic gate, and signage. Given this condition, as determined via visual inspection, it is the determination of the Department of Planning Services that the applicant can submit replacement collateral for the one year warranty period. All outstanding issues will be addressed during the warranty period. 46t:r COLORADO MEMORANDUM TO: Don Dunker, Public Works DATE: January 21, 2009 FROM: Nick Marquez, Public Works SUBJECT: PF #1097 Keller Estates Private and Public Road Maintenance Partial Release of Warranty Collateral The Public Works Department has received a request from Tom Radigan of Breakneck Weld Properties, LLC, for the release of partial collateral for the private and public road improvements. All letters of compliance have been submitted and the as-builts have been reviewed and is in line with the work completed. The Irrevocable Letter of Credit number for the PRIVATE road agreement is 1062 and was provided by FirsTier Bank. Amount originally escrowed: Amount to be escrowed for 1 -year warranty: Amount for partial release to Breakneck Weld Properties: $ 365.578.00 $ 54,836.70 $ 310,741.30 The Irrevocable Letter of Credit number for the PUBLIC road agreement is 1063 and was provided by FirsTier Bank. Amount originally escrowed: Amount to be escrowed for 1 -year warranty: Amount for partial release to Breakneck Weld Properties: If you have any questions please let me know. Thank you. Nick Marquez Construction Inspector Weld County Public Works 970.397.2418 cell 970.304.6496 office nmarquezco.weld.co.us pc: Rich Hastings $ 77,372.00 $ 11,605.80 $ 65,766.20 Page 1 of 1 Kim Ogle From: radigantom@comcast.net Sent: Sunday, February 22, 2009 6:06 PM To: Kim Ogle Subject: Re: Keller Estates kIM; NICE TO HEAR FROM YOU AND THANKS FOR THE COMPLIMENT. WE TRY TO DO THINGS AS IF WE WILL MOVE IN AND WE MAY. THE LARGE PILE OF CONCRETE RIP RAP WILL BE USED NEXT MONTH WHEN WE MOVE THE ISH DITCH SOUTH ON LOT 6 (PENDING ISH APPROVAL) AS EROSION CONTROL MATERIAL FOR THE BANKS. THE SMALL PILES OF ROAD BASE AND CRUSHED ASPHALT WILL BE USED AS BASE UNDER EACH LOT ENTRY CULVERT WHEN THEY ARE INSTALLED. THIS SPRING, WE HOPE TO PUT A CULVERT ON LOT 4 TO PERMIT ACCESS TO OUR EXCESS DIRT BY THE TOWN OF MEAD. THEY HAVE TAKEN SO FAR 3000 YARDS OF FREE DIRT. WE STILL HAVE SOME MINOR COSMETIC/DECORATIVE ITEMS AT THE ENTRANCE TO INSTALL SUCH AS SOLAR GROUND LIGHTING AND THE MAIL BOX STORED IN THE EQUIPMENT SHED. ALL WE NEED NOW IS A COUPLE OF SALES OTHER THAN THE LOT I PURCHASED! BEST REGARDS, TOM RADIGAN, 303-881-1996 Original Message From: "Kim Ogle" <kogle@co.weld.co.us> To: radigantom@comcast.net Cc: "Kim Ogle" <kogle@co.weld.co.us>, "Nick Marquez" <nmarquez@co.weld.co.us> Sent: Sunday, February 22, 2009 12:05:29 AM GMT -07:00 US/Canada Mountain Subject: Keller Estates Hello Tom I visited the Keller Estates Development today to ascertain the status of the development specific to the collateral request. Your project has turned out well and is of high quality. Congratulations. I do have a question on the materials that are stockpiled on the farmstead parcel, up near the shed housing the irrigation pipe. This material at a distance appears to be construction materials. Do you plan on having this material remain on site or will it be removed? Thank you for your comments. Kim Ogle Planning Services 970.356.4000 x 3549 T 970/302.2875 Cell kogle@co.weld.co.us 2/23/2009 FIRsTIER BANK www.FirsTierBank,com Member FDIC February 13, 2009 BOARD OF COUNTY COMMISSIONERS WELD COUNTY COLORADO ATTN: CLERK OF THE BOARD PO BOX 758 GREELEY, CO 80632 Re: Letter of Credit Number 1063 Amount: $11,605.80 Dear: Board of County Commissioners Weld County Colorado Enclosed please find the amended Letter of Credit issued on behalf of our customer. Also, enclosed is a Confirmation of Receipt of Letter of Credit form for your signature. Please confirm your receipt and return the signed form to FirsTier Bank in the enclosed self-addressed envelope. Also, please surrender the Letter of Credit upon replacement, termination, expiration or final presentation for payment to the FirsTier Bank Corporate address listed below. Sincerely, vairo9 Beverly Davis Assistant Vice President Corporate Corporate Office 8001 Arista Place Suite 500 Broomfield, CO 80021 303-926-9000 Louisville 980 Dillon Rd Louisville. CO 80027 303 926 9000 Chu run Ranch 7180 W. 103rd Ave Westinetster, CO 80021 303-9514225 Ccunby Club Pillage Tour, Center Downtown Parker Boulder Loveland 2991 W. 12013 Ave 7867 E. Belleview 1225 17th St. 10169 5. Parker Rd 2120 Broadway 2695 Rocky Mtn Ave Suite 100 Suite 100 Suite 150 Parker, CO Boulder, CO Suite 110 Wecdninstei . CO Englewood. CO Denver, CO 80134 80302 Loveland, CO 80234 80111 80202 303464-6620 303-464 6680 80538 303-464.6600 303-625 2300 303-464-6640 970-27S4276 FIRST/ER BANK www.FirsTierBank.com Member FDIC AMENDMENT TO IRREVOCABLE LETTER OF CREDIT NO. 1063 PERFORMANCE The Board of County Commissioners Weld County Colorado Attn: Clerk of the Board PO Box 758 Greeley, CO 80632 RE: BREAKNECK WELD PROPERTIES, INC, Private road Maintenance No: Original date: Amended: 1063 03/14/08 02/12/09 Ladies and Gentlemen; Letter of Credit No.I063 issued by FirsTier Bank in favor of The Board of Commissioners — Weld County Colorado is hereby amended as follows: LETTER OF CREDIT DECREASED TO $11,605.80 AND MATURITY DATE EXTENDED TO MARCH 14, 2010. All other terms and conditions of the original Letter of Credit remain the same. Sincerely, FirsTier Ba By: Market Presiden FirsTier B ACKNOWLEDGEMENT I State of L—' County of±,}rA..' 6( 1 SS On this , day of t —r 17; , 2009, before me, the undersigned Notary Public, personally appeared Mark Dougherty,' M,esident of-FirsTier Bank. By f ) Notary (t1 My Public in and for the State of C ti My commission expires: //—/ 7 // Parker , PE. ?&N • ow NA01NRYT' G•' re - Corporate Office 8001 Arista Place Suite 500 Broomfield. CO 80021 303-926-9000 Louisville 980 Dillon Rd Louisville. CO 80027 303-926-9000 Church Ranch 7180 W. 103rd Ave Westminster, CO 80021 303-951-4225 Country Club Village 2921 W. 120th Ave Suite 100 Westminster. CO 80234 303-464-6600 Tech Center 7887 E. Belleview Suite 100 Englewood. CO 80111 303.625.2300 Downtown 1225 17th St. Suite 150 Denver. CO 80202 3034646640 Parker 10169 S. Parker Rd Parker. CO 80134 303-464-6620 Boulder 2120 Broadway Boulder, CO 80302 303.4646680 Loveland 2695 Rocky Mtn Ave Suite 110 Loveland, CO 80538 970-2784278 N C 0 'Ws C) N a d O Q LU N t 6 o E CU CD 0 co J COW N Q �aU 76 l6 w -0 T...N N (6 C L Q EW 0 0 0Q it8co6 Hello