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Home My WebLink About20092571.tiffRESOLUTION RE: APPROVE CANCELLATION AND RELEASE OF COLLATERAL FOR AMENDED SITE PLAN REVIEW, AMSPR #290 - REALTY INCOME CORPORATION, K AND C RV CENTERS, DBA CAMPING WORLD RV SUPERCENTER, AND CWI, DBA CAMPING WORLD, INC., C/O BRENT MOODY 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 September 13, 2007, the Department of Planning Services approved the application for Realty Income Corporation, do Brent Moody, 250 Parkway Drive, Suite 270, Lincolnshire, Illinois 60069, for a 5,000 -square -foot retail sales area in addition to an R.V. Maintenance and Service Center (Camping World) on the following described real estate, to wit: Lot 14, Block 1 of Amended Rademacher Business Park PUD; being part of the NW1/4 of Section 23, Township 3 North, Range 68 West of the 6th P.M., Weld County, Colorado, and WHEREAS, on February 4, 2009, the Board of County Commissioners of Weld County, Colorado, approved an Improvements Agreement According to Policy Regarding Collateral for Improvements between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Realty Income Corporation, K and C RV Centers, LLC, dba Camping World RV Supercenter, and CWI, dba Camping World, Inc., with terms and conditions being as stated in said agreement, and accepted check #731297 from National Supply Company, dba Camping World, in the amount of $3,378.00, and WHEREAS, staff from the Weld County Departments of Planning Services and Public Works have conducted a visual inspection and recommend release of said collateral. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that check #731297 from National Supply Company, dba Camping World, in the amount of $3,378.00 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. 11111111111111111111111 IIII 111111111111 III 11111 III1 IIII 3655772 10/23/2009 03:53P Weld County, CO 1 of 2 R 0.00 D 0.00 Steve Moreno Clerk & Recorder de • 7)7caay , �L� ✓ C�� 2009-2571 PL1851 io %/ 47 CANCEL COLLATERAL - REALTY INCOME CORPORATION, DBA CAMPING WORLD RV SUPERCENTER, C/O BRENT MOODY PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 28th day of September, A.D., 2009. ATTEST: ,In >teli i Weld County Clerk to t BY: Deputy Clerk to the Boa APPROVED AS FORM: Date of signature ounty Attorney BOARD OF WELD 7, William R Garcia,,.Ch Douglas Fla NTY COMMISSIONERS LORADO demacher,Pro-Tem 7 Sean •. Conway BarbarKirkmeyer David E. Long 1 11111111111 111111 13111 II111111 111 11111 I I I I I I I I 3655772 10/23/20(19 03:53P Weld County, CO 2 of 2 R 0.00 D 0.00 Steve Moreno Clerk & Recorder 2009-2571 PL1851 csc*. COLORADO MEMORANDUM TO: Board of County Commissioners DATE: September 24, 2009 FROM: Kim Ogle, Planning Services SUBJECT: Realty Income Corporation Request for Release of Collateral for Amended Site Plan Review 290 Dba Camping World RV Supercenter do Brent Moody, General Counsel rn N.) 4J e _' w r1 < o cn The Department of Planning Services received a request from Brent Moody, Executive Vice President Business Development/General Counsel, 250 Parkway Drive, Suite 270, Lincolnshire, IL 60069, attorney for Camping World RV, Inc., and authorized agent for Realty Income Corporation property owners for an inspection and release of monies held for the improvements associated with Amended Site Plan Review No. 290. Weld County presently is holding the following amount of monies associated with the Amended Site Plan Review. Realty Income Corporation, K & C RV Centers, dba Camping World RV Supercenter and CWI, dba Camping World, Inc. (2009-0295 PL0295) AmSPR #290 Imps Agrmt. Check received from National Supply Co. dba Camping World #731297, Deposited 02/04/09 $3,378.00 Representatives for the Department of Public Works and Planning Services performed a site investigation to determine if all improvements had been installed, maintained and were without material defect for Amended Site Plan Review 290. Per the site visit on September 15, 2009, for Amended Site Plan Review No. 290, it appears all transportation related items are acceptable to Public Works, and all of the non -transportation related items are acceptable to Planning Services. The Weld County Attorney, the Department of Public Works and the Department of Planning Services, have determined that the Check received from National Supply Co. dba Camping World #731297, may be released in full. 2009-2571 Kim Ogle From: Don Dunker Sent: Wednesday, September 23, 2009 9:36 AM To: Kim Ogle Cc: Don Dunker; David Bauer Subject: KC & RV AmSPR-290 Attachments: Final inspection of the pond and recommended release of PW portion of collateal-073009.pdf Kim, Attached is my memo to Michelle Martin, the pond was acceptable during the inspection in July 2009 and Public Works will recommend to the BOCC to release its portion ($1,500) of the collateral being held. Planning will need to determine if the remaining ($1,878) can be released. Realty Income Corporation, K & C RV Centers, dba Camping World RV Supercenter and CWI, dba Camping World, Inc. (2009-0295 PL0295) AmSPR #290 Imps Agrmt. Check received from National Supply Co. dba Camping World #731297, Deposited 02/04/09 $3,378.00 Thanks, Don Dunker, P.E. Weld County Public Works 1111 H Street Greeley, CO 80631 phone: 970.304.6496 ext. 3749 fax: 970.304.6497 ddunker(aco.weld.co.us i Don Dunker From: Sent: To: Cc: Subject: Michelle, Don Dunker Friday, July 31, 2009 9:44 AM Michelle Martin David Bauer; Donald Carroll; Clay Kimmi; Kim Ogle; Don Dunker AmSPR-290 K&C RV final pond inspection After the field inspection today of the K&C RV pond it appeared that the pond was seeded and the erosion inlet protection were installed and functioning. Leonard and Rice Engineers sent a stamped, signed and dated as -built survey received by Public Works on July 29, 2009 of the regraded pond and it appears to have more volume capacity than the required 57,208 ft^3 volume. Continued maintenance of the inlet protection will be required until the seed germinates and the vegetation is established. Public Works will recommend release of its portion ($1,500.00) of the collateral to the Board of County Commissioners. Thanks, Don Dunker, P.E. Weld County Public Works 1111 H Street Greeley, CO 80631 phone: 970.304.6496 ext. 3749 fax: 970.304.6497 ddunker@co.weld.co.us 1 Kim Ogle To: Subject: Stephanie Arries RE: K&C RV Centers - Longmont, CO From: Stephanie Arries Sent: Tuesday, September 15, 2009 3:42 PM To: 'Brent Moody' Cc: Kim Ogle Subject: RE: K&C RV Centers - Longmont, CO Brett I will forward your request to the Planning Department which will start the process. Only the Board of County Commissioners can actually release the collateral, so the matter will have to be placed before that body. - We will try to get that on to an agenda within the next couple of weeks. Stephanie L. Arries Assistant Weld County Attorney 915 Tenth Street P.O. Box 758 Greeley, Colorado 80632 Tel: 970-356-4000 ext 4394 Fax: 970-352-0242 Email: sarriesco.weld.co.us STATEMENT OF CONFIDENTIALITY & DISCLAIMER: The information contained in this email message is attorney privileged and confidential, intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copy of this email is strictly prohibited. If you have received this email in error, please notify us immediately by replying and delete the message. Thank you. From: Brent Moody[mailto:BMoody@campingworldrv.com] Sent: Tuesday, September 15, 2009 3:34 PM To: Stephanie Arries Cc: Jennifer Napier Subject: K&C RV Centers - Longmont, CO Ms Arries, According to the Improvements Agreement we entered into in January, 2009, we posted $3,378 in cash collateral for the required improvements. Now that all required improvements have been completed, please let me know the process for the return of the cash collateral. Thanks, Brent Brent Moody 1 Excecutive Vice President Business Development/General Counsel 250 Parkway Drive, Suite 270 Lincolnshire, IL 60069 847-229-6457 (Direct) 847-989-6292 (Cell) NOTE: The information in this email is confidential and may be legally privileged. If you are not the intended recipient, we request that you (i) not read, use or disseminate the information, (ii) advise the sender immediately by reply email and (iii) delete this message and any attachments without retaining a copy. Although this email and any attachments are believed to be free of any virus or other defect that may affect any computer system into which it is received and opened, it is the responsibility of the recipient to ensure that it is virus free and no responsibility is accepted by FreedomRoads, LLC or any of its affiliates for any loss or damage arising in any way from its use. CLERK TO THE BOARD PHONE (970) 336-7215, Ext. 4225 FAX: (970) 352-0242 P. O. BOX 758 GREELEY, COLORADO 80632 COLORADO September 29, 2009 ATTN: BRENT MOODY CWI, INC. 250 PARKWAY DRIVE, SUITE 270 LINCOLNSHIRE, ILLINOIS 60069 RE: Cancellation and release of Collateral for Camping World, Inc. Mr. Moody: On September 28, 2009, the Board of County Commissioners approved the cancellation and release of collateral for Camping World, Inc., in the amount of $3,378.00, as referenced above. Enclosed is a copy of the Resolution signed by the Board of County Commissioners. I will forward a copy of the signed and recorded Resolution to you as soon as it has been recorded. 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: Donna J. Bechler Deputy Clerk to the Board Weld County, Colorado WARRA INVOICE NUMBER AR RFFERFNF.F , .' ... - lavnw?p ..•'.. ^ 11ATT-, t `' ' • ' : :.,.... AEM1l7NT nrsnot l rr nR '- QFf1tlGTION,S ADDITIONAL ' , AAIAI:IFIT� ' . NET - ��• ��--ANItU1N'C"`�" 3,378.00 09/30/09 3,378.00 .00 .00 • OLc• A o •to Wells.ergo. CO 80634.. Three PAY TO THE ORDER CIF CWI INC DBA: CAMPING WORLD, IN I— C/O BREANT MOODY (!1 250 PARKWAY DR LINCOLNSHIRE IL 60009 �*'•'" �rZ fii. Al'-- nJ?.YMNR6S0!;Ylw'✓!F.'t REMOVE DOCUMENT ALONG THIS PERFORATION I/eld4p1 By Order of The BoardOsf P'O 'Box �6+ Gree1� , CO 8 32' -4f `FAX: (970)352-0242 DATE 10/02/2009 •mu CHAIRMAN BOARD OF COUNTY COMMISSIONERS ", gyp7'. 1: - ' 1 i TYiLERK OF 0 E BOA T30 i :".N a, Vyot - - Hello