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Home My WebLink About20090219.tiff738 RESOLUTION RE: APPROVE CANCELLATION AND RELEASE OF COLLATERAL FOR PLANNED UNIT DEVELOPMENT FINAL PLAN, PF#1032 - UIV LAND, LLC, CIO NOLAN ULMER 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 October 30, 2006, the Department of Planning Services approved the application of UIV Land, LLC, c/o Nolan Ulmer, 16529 County Road 70, Greeley, Colorado 80631, for nine (9) residential lots with E (Estate) Zone uses, and two (2) lots with A (Agricultural) Zone uses, along with 13.6 acres of common open space (Coyote Ridge) on the following described real estate, to wit: Lot B of Amended Recorded Exemption #3340; being part of the NW1/4 of Section 20, and part of the SW1/4 /4 of Section 17, all in Township 5 North, Range 67 West of the 6th P.M., Weld County, Colorado WHEREAS, on January 3, 2007, the Board of County Commissioners of Weld County, Colorado, approved an Improvements Agreement According to Policy Regarding Collateral for Improvements (Public Road Maintenance) for a Privately Maintained Roadway, for Coyote Ridge, between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and UIV Land, LLC, c/o Nolan Ulmer, with terms and conditions being as stated in said agreement, and accepted Irrevocable Letter of Credit #43004619, drawn on the First Western Trust Bank, 233 Milwaukee Street, Denver, Colorado 80206, in the amount of $10,112.00, 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 Irrevocable Letter of Credit #43004619, drawn on the First Western Trust Bank, in the amount of $10,112.00 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. 1 111111 11111 IIIIII 111 U1111111111111111111111111111111 11111 III 11111 1111 1111 3603738 02/06/2009 12:41P Weld County, CO 1 of 2 R 0.00 D 0.00 Steve Moreno Clerk & Recorder 2009-0219 PL1726 n() I P , f'&0y /9PP(_- 4.77o` CANCEL COLLATERAL - UIV LAND, LLC, C/O NOLAN ULMER PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 26th day of January, A.D., 2009. ATTEST: Weld County Clerk t fl BY. Deputy Cle APP AS F County Attorney Date of signature. .&O 111111111111 IIIIII III 111111 1111111 11111 III IIIII Ili/ IIII 3603738 02/06/2009 12:41P Weld County, CO 2 of 2 R 0.00 D 0.00 Steve Moreno Clerk & Recorder BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO EXCUSED William F. Garcia, Chair David E. Long 2009-0219 PL1726 WI�Dc. COLORADO Ottrn, MEMORANDUM TO: Board of County Commissioners DATE: January 19, 2009 FROM: Kim Ogle, Planning Manag SUBJECT: Release of Collateral Coyote Ridge PUD, PF-1032 Nolan Ulmer, UIV Land, LLC, Applicant The Department of Public Works has completed their inspection of the one-year warranty period for Coyote Ridge PUD, case number PF-1032 and has determined that all the items have been completed. Mr. Holbrook further indicates that the required testing results and a set of as -built plan plans have been received. Given this determination, the Departments of Public Works and Planning Services recommend to release the Irrevocable Letter of Credit # 43004619 from the First Western Trust Bank, 233 Milwaukee Street, Denver, Colorado 80206, for Coyote Ridge PUD, case number PF-1032 in the amount of ten thousand one hundred twelve (10,112.00) dollars and 00/100s. The Department of Public Works in their memorandum and supporting documents indicate that the internal subdivision road will be privately maintained by the Coyote Ridge PUD Homeowners Association. The Departments of Public Works and Planning Services recommend's the Board accept this request for a full release of collateral. 2009-0219 Page 1 of 1 Esther Gesick From: Sean Phipps[sphipps@pickettengineering.com] Sent: Wednesday, January 10, 2007 9:56 AM To: nustar@thinair.net Cc: Kim Ogle; Esther Gesick; Drew Scheltinga Subject: Improvements Agreement for Coyote Ridge (PF-1032) Nolan, I spoke to Esther Gesick the Weld County Clerk to the Board this morning in regard to the improvements agreement for the Coyote Ridge Subdivision. She explained that since the paperwork for a "Private" Improvements Agreement had not been submitted prior to the hearing on January 3rd, the Board of County Commissioners went ahead and approved the "Public" Improvements Agreement that had been previously been submitted. I believe the Board and County Staff were agreeable to this action since the road improvements have already been made and since you had already submitted a letter of credit as collateral against those road improvements to be held for the period of one year. To try and address this issue, Esther coordinated with Bruce Barker, Kim Ogle and Drew Scheltinga and then revised the language of the Board's resolution to reflect the fact that a Public" Improvements Agreement had been approved instead of a "Private". Esther felt that the reviagst language in the Board's resolution was sufficient to address this issue and that no further action was required from you at this point. I asked Esther to give Kim Ogle a call to let him know what she and I discussed this morning. Please feel free to contact me if you have any questions. Thank you. Sean Phipps, PE Project Manager PICKETT ENGINEERING, INC 808 6th Street Greeley, CO 80631 Phone 970.356.6362 ext. 28 Fax 970.356.6486 1/10/2007 David Bauer From: Sent: To: Cc: Subject: Kim Ogle Tuesday, January 02, 2007 10:45 AM Peter Schei; 'Nolan Ulmer' 'sphipps@pickettengineering.com'; 'Nolan Ulmer'; David Bauer RE: PF-1032 ... PRIVATE Improvements Agreemetn .... RE: Coyote Ridge Good morning Nolan and Sean The Clerk to the Boards office has notified me that the paperwork for the improvements agreement for Private Improvements has not been submitted. If you have the paperwork competed please submit to CTB asap. If not, staff will ask for an indefinite continuance thus allowing for time to prepare documents and obtain signatures. Questions may be directed to Kim in Planning or to Public Works Thanks, Kim Original Message From: Peter Schei Sent: Friday, December 15, 2006 9:27 AM To: Nolan Ulmer Cc: sphipps@pickettengineering.com; Kim Ogle; Nolan Ulmer Subject: FW: PF-1032 ... PRIVATE Improvements Agreemetn .... RE: Coyote Ridge Importance: High 15 -Dec -2006. Good Morning, Nolan: Please see the Clerk's directions (below) ... HAPPY HOLIDAYS Peter SCHEI, P.E., N.S.P.E. Public Works Department Weld County From: Esther Gesick Sent: Friday, December 15, 2006 8:37 AM To: Kim Ogle Cc: Peter Schei; Drew Scheltinga; Donna Bechler Subject: RE: PF-1032 ... PRIVATE Improvements Agreemetn .... RE: Coyote Ridge Kim, Staff will need to substitute the entire agreement. If you look at the two, the terms within are very different, so it's not just a matter of changing the title page. I've attached a Private Improvements Agreement form (attached in Word or WordPerfect formats) for the applicant's use. It will need to be returned to our office by 5:00 p.m. on Thursday December 28, 2006, to meet the agenda deadline for the January 3rd Board meeting. Thanks! Esther 1 From: Kim Ogle Sent: Friday, December 15, 2006 12:23 AM To: Nolan Ulmer Cc: Peter Schei; Drew Scheltinga; Esther Gesick Subject: RE: PF-1032 ... PRIVATE Improvements Agreemetn .... RE: Coyote Ridge Nolan Staff will substitute page one of the agreement to reflect that the monies are for private improvements. Public Works is requesting to hold the 15% line item which they are able to address before the Board. Additional questions, please email or call thanks Kim From: Nolan Ulmer [mailto:nustar@thinairnet.com] Sent: Wednesday, December 13, 2006 2:45 PM To: Kim Ogle Subject: FW: PF-1032 ... PRIVATE Improvements Agreemetn .... RE: Coyote Ridge Importance: High Kim can you update me on this From: Peter Schei [mailto:pschei@co.weld.co.us] Sent: Monday, December 11, 2006 11:40 AM To: Nolan Ulmer Cc: sphipps@pickettengineering.com; Kim Ogle Subject: PF-1032 ... PRIVATE Improvements Agreemetn .... RE: Coyote Ridge Importance: High 11 -Dec -2006. Good Morning, Nolan: I attended the Board Of County Commissioners hearing this morning representing Public Works with respect to your Improvements Agreement for Coyote Ridge PUD (PF-1032). It seems that a "Public" improvements agreement had been submitted to the Clerk to the Board for this item ... which was incorrect. Planning was not present at the hearing today ... which had scheduled the item with the Clerk, so I don't know if there is a concern on Planning's side. 2 fhe Commissioners moved to CONTINUE this item until the correct (PRIVATE) Improvements Agreement is submitted to the Clerk to the Board - - - hearing continued to Jan. 3rd, 2007. Nolan, please remedy this with Planning (and / or your engineer). It was my understanding that your engineer had submitted the Private Improvements Agreement to Planning for this item. As I recall, you (via your engineer) had submitted a Private Improvements Agreement to Planning, of which Public Works was in agreement with. So, there are no concerns from our department. I have looked back through the case and determined your Administrative Review resolution called out a Private Improvements Agreement and Private Maintenance of the Internal roads by the Homeowners Association. So, we are in agreement with the resolution request. Additionally, recent emails document an understanding of a Private Improvements Agreement. I had notified the Clerk & Planning last Friday of this incorrect item when the agenda was sent out. Please let me know if there is anything I can do to assist this process. Happy Holidays, Peter. P.S. I have copied today's hearing agenda below for your information (look under Planning for your item). AGENDA BOARD OF COUNTY COMMISSIONERS 3 2006-3355 FIRST WESTERN TRUST BANK NORTHERN COLORADO BUD NoFUSINGER FRFSIDSNT IRREVOCABLE LETTER OF CREDIT NO. 43004619 October 12, 2006 Board of County Commissioners ATTN: Clerk to the Board P.O. Box 758 Greeley, CO 80632 RE: Coyote Ridge Land Holdings, LLC (Contractor) Dear Board of County Commissioners: We hereby open our Irrevocable Letter of Credit in your favor for the account of Coyote Ridge Land Holdings, LLC, 16529 Weld County Road 70, and Greeley, Co 80631 for a sum not to exceed the aggregate of Ten Thousand One Hundred Twelve Dollars and no cents. Each draft so drawn must be marked "Drawn" under FIRST WESTERN TRUST BANK, 233 MILWAUKEE STREET, DENVER, CO 80206, Letter of Credit No.43004619 and be accompanied by a "signed statement from the Board of County Commissioners of Weld County, Colorado stating the Contractor has committed a material breach of the Improvements Agreement According to Policy Regarding collateral for Improvements regarding the agreement dated the 5`h day of October, 2006 by and between the Contractor 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, 1993 Revision, and The International Chamber of Commerce Publication No. 500." 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, FIRST WESTERN TRUST BANK, 233 MILWAUKEE STREET, DENVER, CO 80206. This letter of credit will expire on October 12, 2007 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 FIRST WESTERN TRUST BANK 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 FIRST WESTERN TRUST BANK; (b) a 3,Y. CAN ON 8VENLF SUITE 100 FOP" COLLINS. COLORADO /Is CODE 80521 -LLEDIJNS 8/N 184 3222 MC °INN '0 41S 1,8I 8/W10FWTS. COM EMA'.I r1NCH EL INOL 08 FV lE1CON fir FIRST WESTERN TRUST BANK NORTHERN COLORADO BCD NorrsiNCIR PRESIDENT statement purportedly signed by an official of the Board of County Commissioners of Weld County, Colorado stating that we have received notice from FIRST WESTERN TRUST BANK the Letter of Credit No .43004619 will not be renewed and that the Contractor has failed to provide proof of adequate collateral and substitution of this Letter of Credit No. 43004619; (c) copy of letter from FIRST WESTERN TRUST BANK stating non -renewal of Letter of Credit No.43004619 and the original letter of credit. Yours truly, Robert Noffsinger President 31II CANYON AVENUE SU'-E 100 FOP COL. INS. COLORADO ZIP COOL 50521 P.LIHONE 910.684.9222 . SIMI.L 9/O.A16.9321 WWWFWTN. COM EMAI_ CNOPISINOJ2n.=WTR. CC: ito ;;TI WIDc. COLORADO January 29, 2009 ATTN: NOLAN ULMER UIV LAND, LLC 16529 COUNTY ROAD 70 GREELEY, COLORADO 80631 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 UIV Land, LLC, do Nolan Ulmer (Coyote Ridge) Mr. Ulmer: On January 26, 2009, the Board of County Commissioners approved the cancellation and release of collateral for UIV Land, LLC, do Nolan Ulmer, in the amount of $10,112.00 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 Letter of Credit for $10,112.00 has been returned to First Western Trust Bank, 233 Milwaukee Street, Denver, Colorado 80206. 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/10 a /lit- 97, L!°..//LLB, Donna J. Bevhler Deputy Clerk to the Board 4wr, Wilk COLORADO January 29, 2009 ATTN: SUSAN RICE FIRST WESTERN TRUST BANK 233 MILWAUKEE STREET DENVER, COLORADO 80206 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 - UIV Land, LLC, do Nolan Ulmer (Coyote Ridge) Ms, Rice: Attached hereto please find the Board of County Commissioners Resolution releasing the collateral for UIV Land, LLC, do Nolan Ulmer (Coyote Ridge), in the amount of $10,112.00, and the original Irrevocable Letter of Credit issued by First Western Trust Bank, in the amount of $10,112.00. 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 By: it (0 -121M -Hr id /lab c'CJ Donna J. Beohler, Deputy Clerk to the Board Hello