The URL can be used to link to this page

Browse Search

Home My WebLink About20092122.tiff048 RESOLUTION RE: APPROVE CANCELLATION AND RELEASE OF COLLATERAL FOR SITE PLAN REVIEW, SPR#371 -TACORONTE FAMILY, LLC, CIO JESUS AND ESTHER BARRON 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 May 6, 2004, the Department of Planning Services staff approved the application of Tacoronte Family, LLC, 1772 North Denver Avenue, Fort Lupton, Colorado 80621, c/o Jesus and Esther Barron, 710 South Broadway, Fort Lupton, Colorado 80621, for an office/warehouse, garage with office/manager's apartment and outdoor storage of equipment for an oil and gas service company on the following described real estate, to wit: Part of the N1/2 NW1/4 of Section 32, Township 2 North, Range 66 West of the 6th P.M., Weld County, Colorado, and WHEREAS, on April 24, 2006, 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 Tacoronte Family, LLC, c/o Jesus and Esther Barron, with terms and conditions being as stated in said agreement, and accepted Irrevocable Standby Letter of Credit No. 666, drawn on the Union Colony Bank, P.O. Box 961, Greeley, Colorado 80632, in the amount of $9,400.00, and WHEREAS, staff from the Weld County Departments of Public Works and Planning Services 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 Irrevocable Standby Letter of Credit No. 666, drawn on the Union Colony Bank, in the amount of $9,400.00, 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. 11111111111111111 IIII 11111111111111111 3645048 08/26/2009 02:21P Weld County, CO 1 of 2 R 0.00 D 0.00 Steve Moreno Clerk & Recorder 2009-2122 PL1835 CANCEL COLLATERAL - TACORONTE FAMILY, LLC, C/0 JESUS AND ESTHER BARRON PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 19th day of August, A.D., 2009. Weld County Clerk to the Boa BY BOARD OF COMNTY COMMISSIONERS ELD COU ORADO DepftClerks. the Board EXCUSED Sea P. Conway APPROVfb AS . ORM: unty Attorney Date of signature. LLc, 111111111111111111 1111111111 11111111111II111111 1111111 3645048 08/26/2009 02:21? Weld County, CO 2 of 2 R 0.00 D 0.00 Steve Moreno Clerk & Recorder ra Kirkmeyer David E. Long 2009-2122 PL1835 a4nf WiiDe COLORADO MEMORANDUM TO: Board of County Commissioners 8/12/2009 FROM: Chris Gathman - Planner Ill e,c:a • SUBJECT: Full Release of Collateral for Site Plan Review (SPR) -371 (Tacoronte Family LLC) On April 24, 2006 the Board of County Commissioners accepted collateral in the form of a Irrevocable Letter of Credit (666) in the amount of ($9,400.00) for SPR-371 (Tacoronte Family LLC). The Department of Public Works and Planning Services have verified that remaining improvements have been completed and recommends that remaining collateral in the amount of $9,400.00 be released. SERVICE, TEAMWORK, INTEGRITY, QUALITY 2009-2122 RUG -13-2009 15:37 From:303 857 8421 J & F SERVICES 303 857 8421 Pase:2'2 J & F SERVICES, INC. P.O. BOX 888 FT. LUPTON, CO. 80621 303-857-8420 - OFFICE 303-857-8421— FAX August 13, 2009 WELD COUNTY PLANNING SERVICES; ATTENTION: CHRIS GATHMAN: RE: COLLATERAL RELEASE FOR SPR-371; Mr. Gathman: This letter is to state that "All improvements are completed and we are requesting a full release of collateral (Letter of Credit # 666 in the amount of $9,400.00) for Site Plan Review — 371. Sincerely, BERNICE ROTH OFFICE MANAGER Chris Gathman • • From: Sent: To: Cc: Subject: Chris, Don Dunker Tuesday, July 15, 2008 9:24 AM Chris Gathman Don Dunker SPR-371 Public Works is okay to release the remaining collateral of $9,400.00. Tacoronte Family, LLC, c/o Jesus and Esther Barron (2006-1183 PL1835) Imps Agrmt (private road) Letter of Credit # 666 from Union Colony Bank, P.O. Box 961 Greeley, CO EXPIRES 04/05/07 w/Auto Renewal or 60 days notice $9,400.00 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@co.weld.co.us • MEMORANAM TO: SPR-371 File DATE: July 16, 2008 FROM: Chris Gathman — Planner II c� SUBJECT: Outstanding Collateral for SPR-371 C , I did a field check of the SPR-371 site on Friday, July 11. During my field check I noticed that no landscaping had been installed (per the recorded SPR-371 landscape plan). Landscaping improvements in the amount of $2,000.00 were called out on the SPR-371 collateral. I left a phone message for 1st National Bank on Monday, July 14`h indicating that we could only release Public Works improvements. Landscaping collateral could not be released until landscaping is finalized on the site. 111k. COLORADO August 19, 2009 TACORONTE FAMILY, LLC CIO JESUS AND ESTHER BARRON 1772 NORTH DENVER AVENUE FORT LUPTON, COLORADO 80621 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 Tacoronte Family, LLC, do Jesus and Esther Barron Mr. and Ms. Barron; On August 19, 2009, the Board of County Commissioners approved the cancellation and release of collateral for Tacoronte Family, LLC, do Jesus and Esther Barron, in the amount of $9,400.00, 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. The original Irrevocable Standby Letter of Credit No. 666 for $9,400.00 has been returned to Union Colony Bank. 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. BecKler Deputy Clerk to the Board 411# Wilk COLORADO August 19, 2009 UNION COLONY BANK ATTN: MIKE NICHOLS P.O. BOX 961 GREELEY, COLORADO 80632 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 — Tacoronte Family, LLC, c/o Jesus and Esther Barron Mr. Nichols: Attached hereto please find the Board of County Commissioners Resolution releasing the collateral for Tacoronte Family, LLC, c/o Jesus and Esther Barron, in the amount of $9,400.00 and the original Irrevocable Standby Letter of Credit No. 666, issued by Union Colony Bank, in the amount of $9,400.00. 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. Bechler, Deputy Clerk to the Board 2 0 Union Colony Bank ok Noes ti ,.o 0 Post Office Box 961 Greeley, CO 80632 970-346-5050 866-241-2673 IRREVOCABLE STANDBY LETTER OF CREDIT NAME: Board of County Commissioners (Hereinafter called "Beneficiary") Attn: Donna Beckler 915 10th Street Greeley, Colorado 80631 Dear Donna: DATE: April 5, 2006 NUMBER: 666 AMOUNT: $9,400.00 EXPIRES: April 5, 2007 Please be advised that Union Colony Bank, A State Chartered Bank (hereinafter called the "Issuer"), establishes an Irrevocable Letter of Credit No. 666 in favor of the Beneficiary for the account of J. Jesus Barron and Esther Barron (hereinafter called "Customer") up the aggregate sum of Nine Thousand Four Hundred and No/100 ($9,400.00) available by Beneficiary's drafts at sight drawn on Issuer. All drafts drawn under this Letter of Credit must bear the clause: "Drawn under Union Colony Bank Letter of Credit No. 666 dated April 5, 2006". Issuer hereby agrees with Beneficiary that drafts drawn strictly in compliance with the terms of the credit will be duly honored upon due presentation to Issuer. Other terms and conditions - this Letter of Credit shall: 1. Expires at Issuer's counter on or before 3:00 p.m. Mountain time April 5, 2007; 2. Not be transferable; Page 1 of 2 Cr LENDER Member FDIC 3. Be governed by the laws of the State of Colorado, including Article Five of the Uniform Commercial Code; and 4. Be subject to the Uniform Customs and Practice for Documentary Credits; International Chamber of Commerce Publication Number 500. 5. This letter of credit is issued to subject to Section XII of Franchise Agreement. 6. The Issuer of the Letter of Credit shall guarantee that, at all times the unreleased portion of the Letter of Credit shall be equal to a minimum of One -Hundred percent (100%) of the estimated costs of completing the uncompleted portions of the required improvements, based on inspections of the development by the Issuer. In no case shall disbursement for a general improvement item exceed the cost estimate in the Improvement Agreement (i.e., streets, sewers, water mains, and landscaping, etc.). The Issuer of the Letter of Credit will sign the Improvements Agreement acknowledging the agreement and its cost estimates. 7. The Letter of Credit shall specify that fifteen percent (15) of the total Letter of Credit amount cannot be drawn upon and will remain available to Weld County until released by Weld County. This Letter of Credit will be automatically renewed for a one year period upon the expiration date set forth above and upon each anniversary of such date, unless at least sixty (60) days prior to such expiration date, or prior to any anniversary of such date, we notify both you and your client in writing by registered mail that we elect not to so renew this Letter of Credit. Upon receipt by you of our notice of election not to renew this Letter of Credit, you may draw hereunder by your sight draft drawn on us and bearing the clause "Drawn under Credit No. 666". Executive Vice President MN:ko PLEASE RETURN UPON EXPIRATION Page 2 of 2 Hello