HomeMy WebLinkAbout20091472.tiff603
RESOLUTION
RE: APPROVE CANCELLATION AND RELEASE OF COLLATERAL FOR MINOR
SUBDIVISION FINAL PLAN, MF-1069 - DAVID AND SUSANNE SCHWIND
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 14, 2006, the Board approved the application of David
and Susanne Schwind, 17900 County Road 5, Berthoud, Colorado 80513, for Minor Subdivision
Final Plan, MF-1069, for four (4) residential lots with E (Estate) Zoning on the following described
real estate, to wit:
Lot A of Recorded Exemption #2651; being part of
the NW1/4 of Section 4, Township 3 North, Range 68
West of the 6th P.M., Weld County, Colorado, and
WHEREAS, on October 1, 2007, the Board of County Commissioners of Weld County,
Colorado, approved an Improvements Agreement According to Policy Regarding Collateral for
Improvements (Private Road Maintenance) for the Highlands Minor Subdivision, between the
County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld
County, and David and Susanne Schwind with terms and conditions being as stated in said
agreement, and accepted Irrevocable Standby Letter of Credit#6030 drawn on the Centennial Bank
of the West, 4650 Royal Vista Circle, Fort Collins, Colorado 80528, in the amount of $36,247.98,
and
WHEREAS, it has been determined by the Board that the collateral being held by Weld
County is no longer necessary to secure said Improvements Agreement According to Policy
Regarding Collateral for Improvements (Private Road Maintenance) for the Highlands Minor
Subdivision, and
WHEREAS, staff from the Weld County Departments of Public Works and Planning Services
has conducted a visual inspection and recommends release of said collateral.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Irrevocable Standby Letter of Credit #6030 drawn on the Centennial Bank
of the West, 4650 Royal Vista Circle, Fort Collins, Colorado 80528, in the amount of $36,247.98, 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.
1 IIIIII 11111 IIIIII 1111 IIIIII IIIII 111111 III 11111 IIII IIII
3638603 07/27/2009 02:22P Weld County, CO
1 of 2 R 0.00 D 0.00 Steve Moreno Clerk & Recorder
2009-1472
PL1770
CANCEL COLLATERAL -SCHWIND
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 24th day of June, A.D., 2009.
ATTEST:
Weld County Clerk to the
i
BY:
Depu Cler . the Board
BOARD OF COUNTY COMMISSIONERS
WELD CO y ,Y, COLORADO
Sean P. Conway
APPROVED'AS-T5IF EXCUSED
unty A' orney
Date of signature
David E. Long
(0l 25ioct
Ba ra Kirkmeyer
1111111 11111111111 1111IIIII I 11111 111111 III 111111111 III I
3638603 07/27/2009 02:2213 Weld County, CO
2 of 2 R 0.00 D 0.00 Steve Moreno Clerk & Recorder
2009-1472
PL1770
MEMORANDUM
WIiDcL
COORADO
TO: Board of County Commissioners
FROM: Jacqueline Hatch-Drouillard
SUBJECT: MF-1069, The Highlands
June 18, 2009
Dave Schwind has submitted the attached letter dated May 7, 2009. Mr. Schwind is requesting
a full release of collateral for the Highlands Minor Subdivision, MF-1069. The Departments of
Planning Services and Public Works find that the site is in compliance with the recorded plat.
The collateral and Improvements Agreement were accepted by the Board of County
Commissioners on October 1, 2007. The collateral for the Improvements Agreement is in the
amount of thirty six thousand, two hundred and forty seven dollars and ninety eight cents
($36,247.98) for improvements.
Staff is recommending that the request for release of collateral in the amount of thirty six
thousand, two hundred and forty seven dollars and ninety eight cents ($36,247.98) be approved
at this time.
Thank you
2009-1472
May 7, 2009
Dave Schwind
17900 WCR. S
Berthoud, Co 80513
303-709-7127
Weld County Public Works
Post Office Box 758
Greeley, Co. 80632
Mr. Rich Hastings, Eng. Tech 1
Subject- Release of Line of Credit for The Highlands Minor Subdivision
Dear Rich,
I respectfully request the release of the Line of Credit that I have provided Weld
County to insure the construction of The Highlands Minor Subdivision. The
construction has been completed as per the approved plans for the project. All the
requirements have been met and submitted .
Please advise me if there is something that 1 am not aware of that needs to be
completed for the release.
Thanks
j y � (2 61
DaveSchwind
Owner/Developer
COLORADO
MEMORANDUM
TO: Don Dunker, Public Works Department
DATE: 6/18/2009
FROM: Richard Hastings, Public Works Department
SUBJECT: Final Release of Collateral
The Highlands Minor Subdivision — (MF-1069)
Request for Final Release of Collateral:
The Department of Public Works received a request from the applicant, David Schwind,
requesting an inspection of the property in order to obtain the final release of collateral, at the
conclusion of 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
# 2007-3077, have been completed and are found to be acceptable.
All pertinent documentation, as mandated in Document # 2007-3077, has been received.
Weld County Collateral List:
Schwind, David and Susanne/Highlands Minor Subdivision
(2007-3077, PLI770 - MF#1069) Imps Agrmt
(Private Road Maintenance) Irrevocable Letter
of Credit #6030 from Centennial Bank of the West
Expires 09/17/08; with add'l year,
Unless 60 days notice
$36,247.98
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 $36,247.98.
Any non -Public Works -related items should be verified by Planning Services prior to collateral
release.
C: Documents and Settings\jhatchVLocal Settings\Temporary Internet Files VOLK3AAMF-1069 The Highlands -Final Collateral Release MEMO.doc
Page 1 of 1
Jacqueline Hatch
From: Richard Hastings
Sent: Thursday, June 18, 2009 11:17 AM
To: Don Dunker
Cc: Donald Carroll; Josh Holbrook
Subject: Final Release of Collateral for MF-1069 The Highlands
Attachments: MF-1069 The Highlands -Final Collateral Release MEMO.doc; Dave Schwind Collateral
Release for MF-1069.pdf
Don,
If you see no problems with the attached memo and letter, it can be sent onto Jacqueline.
Thanks,
Rich Hastings
Weld County Public Works/Engineering Dept.
P.O. Box 758, Greeley, CO 80632-0758
Office:(970) 304-6496 EXT. 3727
Cell:(970) 381-3767
rhastings@co.weld.co.us
6/18/2009
Jacqueline Hatch
From:
Sent:
To:
Cc:
Subject:
Attachments:
Final Release of
Collateral fo...
Don Dunker
Thursday, June 18, 2009 11:21 AM
Jacqueline Hatch
Richard Hastings
FW: Final Release of Collateral for MF-1069 The Highlands
Final Release of Collateral for MF-1069 The Highlands
Jacqueline,
Please schedule MF-1069 for collateral release with the BOCC, Public Works is okay with
the release of collateral, see Rich Hastings memo attached for more information. Let me
know if you have any questions.
Thanks,
Don Dunker, P.E.
Weld County Public
Works
1
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O .43t�KCotAIcR� csTiIL�R OF CREDITpt 1sl' �'ZPes Lor,
NO. 6030 y s_. Xkto `r o•
DATE OF ISSUE: September 17, 2007
AMOUNT: 36,247.98
EXPIRY DATE: September 17, 2008 with automatic renewal provision.
to
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Beneficiary:
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY
P.O. Box 758
Greeley, CO 80632
Gentlemen:
We hereby issue this Irrevocable Standby Letter of Credit for the account of
SCHWIND, DAVID & SUSANNE H., ("Customer") 17900 Weld County Rd 5,
Berthoud, CO 80513 in your favor in the aggregate amount not exceeding THIRTY
SIX THOUSAND TWO HUNDRED FORTY SEVEN AND 98/100THS
USDollars (USD36,247.98).
Funds under this credit are available with CENTENNIAL BANK OF THE WEST
by payment against presentation of your sight draft(s) drawn on us, at our office, on
or before the expiry date when accompanied by the following:
1. This Original Letter of Credit.
2. Statement, purportedly signed by an authorized representative of the Board of
County Commissioners of Weld County, Colorado stating that: "David and
Susanne H. Schwind have committed a material breach of the Improvement
Agreement According to Policy Regarding Collateral for Improvements regarding
The Highlands dated the 6th day of February 2006 between Schwind, David &
Susanne H. and the Board of County Commissioners of Weld County and that
Weld County is entitled to draw on this Letter of Credit".
Special Condition
This Letter of Credit is automatically extended without amendment, for additional
one year periods from the current expiration or any future expiration date unless at
least sixty (60) days prior to any such date CENTENNIAL BANK OF THE WEST
notifies the Beneficiary in writing by overnight courier that it elects not to consider
this Letter of Credit extended for such additional period. In the case you receive
such notification, you may draw by presentation of the following: (a) a draft at
sight on CENTENNIAL BANK OF THE WEST; (b) a statement purportedly
signed by an authorized official of the Board of County Commissioners of Weld
County, Colorado stating that "We have received notice from CENTENNIAL
BANK OF THE WEST that Letter of Credit No. 6030 will not be renewed and that
rP
Page 2
IRREVOCABLE LETTER OF CREDIT
NO. «Number»
This page shall be attached to and become an integral part of the above referenced
Letter of Credit
Schwind, David and Susanne H. have failed to provide proof of adequate collateral
and substitution of this Letter of Credit No.6030; (c) copy of letter from
CENTENNIAL BANK OF THE WEST stating no -renewal of Letter of Credit
No.6030 and the this Original Letter of Credit.
Except as otherwise expressly stated herein this credit is subject to the Uniform
Customs and Practice of Documentary Credits (2007 Revision) International
Chamber of Commerce, Publication 600 (UCP 600).
Any draft presented must bear the words "Drawn under CENTENNIAL BANK OF
THE WEST Irrevocable Letter of Credit No. 6030 dated September 17, 2007".
This Letter of Credit will expire at our counter, 3:00 p.m. Mountain Standard time
on the expiry date or any future expiration date thereof.
In case of cancellation of this Letter of Credit prior to expiration, the original of this
Letter of Credit must be returned to us for cancellation with a statement purportedly
signed by the beneficiary stating that: "This Letter of Credit is no longer required
by us and is hereby returned to the issuing bank for cancellation".
Please address all communications regarding this Letter of Credit to the attention of
Centennial Bank of the West, 4650 Royal Vista Circle, Fort Collins, CO 80528,
mentioning specifically our Irrevocable Letter of Credit No. 6030, issued for the
account of SCHWIND, DAVID & SUSANNE H..
We hereby agree with drawers and endorsers, and bona fide holders of drafts
negotiated under this Letter of Credit that the same shall be duly honored upon
presentation and delivery of the documents as specified above.
Sincerely,
CENTE AL BAN1CT F THE WEST
i
Mel Green
President
Atcei
Wilk.
COLORADO
June 30, 2009
DAVID AND SUSANNE SCHWIND
17900 COUNTY ROAD 5
BERTHOUD, COLORADO 80513
CLERK TO THE BOARD
PHONE (970) 336-7215, Ext. 4225
FAX: (970) 352-0242
P. O. BOX 758
GREELEY, COLORADO 80632
RE: Cancellation and release of Collateral for David and Susanne Schwind.
Mr and Ms. Schwind:
On June 24, 2009, the Board of County Commissioners approved the cancellation and release of
collateral for David and Susanne Schwind, in the amount of $36,247.98, 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. The original
Irrevocable Standby Letter of Credit for $36,247.98 has been returned to Centennial Bank of the
West.
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//Llf/XLL P.Ir eEt
Donna J. B ler
Deputy Clerk to the Board
Wilk
COLORADO
June 30, 2009
GUARANTY BANK AND TRUST COMPANY
(CENTENNIAL BANK OF THE WEST)
4650 ROYAL VISTA CIRCLE
FORT COLLINS, COLORADO 80528
CLERK TO THE BOARD
PHONE (970) 336-7215, Ext. 4225
FAX: (970) 352-0242
P. O. BOX 758
GREELEY, COLORADO 80632
RE: Cancellation and release of Collateral - David and Susanne Schwind
Ladies and Gentlemen:
Attached hereto please find the Board of County Commissioners Resolution releasing the collateral
for David and Susanne Schwind, in the amount of $36,247.98, and the original Irrevocable Standby
Letter of Credit issued by Centennial Bank of the West, in the amount of $36,247.98
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. Bet;hler,
Deputy Clerk to the Board
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