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Home My WebLink About20093046.tiff573 RESOLUTION RE: APPROVE CANCELLATION AND RELEASE OF COLLATERAL FOR SITE PLAN REVIEW, SPR #416 - SHAFFER TRUCKING, INC. 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 December 7, 2007, the Department of Planning Services approved the application of Don and Evelyn Shaffer, 1811 26th Street, Greeley, Colorado 80631, c/o Jay Pier, 606 Elder Street, Kersey, Colorado 80644 for sales and service of irrigation pipe, outside storage of irrigation pipe, office/warehouse building for maintenance and repair of fleet trucks and trailers, and office area for business and dispatching of trucks, on the following described real estate, to wit: Part of the N1/2SW1/4 of Section 6, Township 4 North, Range 65 West of the 6th P.M., Weld County, Colorado, and WHEREAS, on October 6, 2008, 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 Shaffer Trucking, Inc., with terms and conditions being as stated in said agreement, and accepted Irrevocable Letter of Credit #770, drawn on Farmers Bank, 119 1st Street, P.O. Box 220, Ault, Colorado 80610, in the amount of $10,440.00, and WHEREAS, staff from the Weld County Departments of Public Works and Planning Services have conducted a visual inspection and, along with the Weld County Attorney, recommend release of said collateral. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Irrevocable Letter of Credit #770, drawn on Farmers Bank, in the amount of $10,440.00 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. 1111111111111111111111111111III1111111III IIIII IIII IIII 3661573 11/24/2009 11:51A Weld County, CO 1 of 2 R 0.00 D 0.00 Steve Moreno Clerk & Recorder 2009-3046 PL1988 �6:: rt-, / tt 4i CANCEL COLLATERAL - SHAFFER TRUCKING, INC. PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 18th day of Nov_ ber, A.D., 2009. ATTEST: fv't ?+fial Weld County Clerk to the Board Pp e(ur;Jdellt to the Board APPROVED AS TO FORM: ounty Attorney Date of signature: i I icl ICS 111111111111 IIIIII 111111 IIIII III 1111111 III IIIII IIV ii 3661573 11/24/2009 11:51A Weld County, CO 2 of 2 R 0.00 D 0.00 Steve Moreno Clerk & Recorder RD OF COUNTY COMMISSIONERS Ott': COLORADO ougl F. Gar a; -Chair s Radema Sears P. Conway her, Pro-Tem arbara Kirkmeyer EXCUSED David E. Long 2009-3046 PL1988 itocer COLORADO MEMORANDUM TO: Board of County Commissioners DATE: November 16, 2009 FROM: Kim Ogle, Planning Services;(, SUBJECT: Shaffer Trucking, Inc Site Plan Review #416 Release of Irrevocable Letter of Credit #770 Farmers Bank of Ault Colorado do Don and Evelyn Shaffer, Applicants Staff from the Department of Public Works conducted a field inspection in October 2009 and determined that the property was in compliance with all transportation elements as stated in their referral dated November 10, 2009. Planning Services inspected the site on May 5, 2009 and again in October 2009 and determined that all non -transportation related items had been completed and were acceptable. The Weld County Attorney, the Department of Public Works and the Department of Planning Services, have determined that Irrevocable Letter of Credit #770 from Farmers Bank, 119 First Street, (P.O. Box 220), Ault Colorado 80610 for Don and Evelyn Shaffer, in the amount of ten thousand four hundred forty (10,440.00) and no 100s be released in full. Clerk to the Board's Notes: Shaffer Trucking, Inc. (2008-2674) SPR #416 Imps Agrmt (private road maintenance) Irrevocable Letter of Credit #770 from Farmers Bank Expires 11/19/08 with add'I year Extended to 09/19/09 with add'I year $10,400.00 Staff Note: The collateral amount should be $10,440.00 dollars as stated on the Bank documents. 0?CC9- 3C T4 MEMORANDUM "DC. COLORADO TO: Kim Ogle, Planning Services DATE: 11/10/2009 FROM: Richard Hastings, Public Works Department SUBJECT: Collateral List Update: Shaffer Trucking, Inc. (2008-2674) SPR #416 Release of Collateral Status • All Public Works related items have been completed and are found to be acceptable. Weld County Collateral List: Shaffer Trucking, Inc. (2008-2674) SPR #416 Imps Agrmt (private road maintenance) Irrevocable Letter of Credit #770 from Farmers Bank Expires 11/19/08 with add'I year Extended to 09/19/09 with add'l year $10,440.00 (Corrected $) Recommendation: The Department of Public Works is recommending final release of collateral, as shown above from the Weld County Collateral List. Any non -Public Works -related items should be verified by Planning Services prior to collateral release. C:\Documents and Setlings\kogle\Local Settings \Temporary Internet Files \Contcnt.Outlook\NUIE6KGO\Collateral List update (Shaffer Trucking SPR-416)-MEMO.docx CLERK TO THE BOARD PHONE (970) 336-7215, Ext. 4225 FAX: (970) 352-0242 P. O. BOX 758 GREELEY, COLORADO 80632 COLORADO November 20, 2009 SHAFFER TRUCKING, INC. CIO DON AND EVELYN SHAFFER 1811 26TH STREET GREELEY, COLORADO 80631 RE: Cancellation and release of Collateral for Shaffer Trucking, Inc. Dear Mr. and Mrs. Shaffer: On November 18, 2009, the Board of County Commissioners approved the cancellation and release of collateral for Shaffer Trucking, Inc., in the amount of $10,440.00, 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 No. 770 for $10,440.00 has been returned to Farmers 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. Bet`hler Deputy Clerk to the Board beget Wilk COLORADO November 20, 2009 ATTN: ANDREA JARBOE FARMERS BANK 119 15T STREET P.O. BOX 220 AULT, COLORADO 80610 RE: Cancellation and release of Collateral — Shaffer Trucking, Inc. CLERK TO THE BOARD PHONE (970) 336-7215, Ext. 4225 FAX: (970) 352-0242 P. 0. BOX 758 GREELEY, COLORADO 80632 Ms. Jarboe, Attached hereto please find the Board of County Commissioners Resolution releasing the collateral for Shaffer Trucking, Inc., in the amount of $10,440.00, and the original Irrevocable Letter of Credit No. 770, issued by Farmer's Bank, in the amount of $10,440.00. 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: Donna J. Be er, Deputy Clerk to the Board Farmers BANK IRREVOCABLE LETTER OF CREDIT NO. 770 November 14, 2008 Board of County Commissioners ATTN: Clerk to the Board PO Box 758 Greeley, CO 80632 RE: Don Shaffer Trucking, Inc To Whom It May Concern: d We hereby open our Irrevocable Letter of Credit in your favor for the account of Don Shaffer Trucking, Inc, 1811 26`h Street, Greeley, CO 80631, for a sum not to exceed the aggregate of Ten Thousand Four Hundred Forty and no/100ths ($10,440.00). Each draft so drawn must be marked "Drawn under FARMERS BANK, 119 1" Street, Ault, CO 80610, Letter of Credit No. 770" and be accompanied by a signed statement from the Board of County Commissioners of Weld County, Colorado stating that "the company has committed a material breach of the Improvements Agreement According to the Policy Regarding Collateral for Improvements regarding Site Plan Review SPR-416 dated the 18th day of September, 2008, by and between Don Shaffer Trucking, Inc 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, The International Chamber of Commerce Publications 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, FARMERS BANK, 119 1° Street, Ault, CO 80610. This letter of credit will expire on September 19, 2009 at 5:00P.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 FARMERS 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 FARMERS BANK; (b) a statement purportedly signed by an official of the Board of County Commissioners of Weld County, Colorado stating that we have received notice from FARMERS BANK the Letter of Credit No. 770 will not be renewed and that Don Shaffer Trucking, Inc has failed to provide proof of adequate collateral and substitution of the Letter of Credit No. 770; (c) copy of letter from FARMERS BANK stating non -renewal of Letter of Credit No. 770 and the original letter of credit. Yours truly, Andrea Jarboe / Loan Admin Officer Farmers Bank - Ault IRREVOCABLE LETTER OF CREDIT September 19, 2008 Board of County Commissioners ATTN: Clerk to the Board PO Box 758 Greeley, CO 80632 RE: Don Shaffer Trucking, Inc To Whom It May Concern: We hereby open our Irrevocable Letter of Credit in your favor for the account of Don Shaffer Trucking, Inc, 1811 26'h Street, Greeley, CO 80631, for a sum not to exceed the aggregate of Ten Thousand Four Hundred Forty and no/100ths ($10,440.00). Each draft so drawn must be marked "Drawn under FARMERS BANK, 119 1" Street, Ault, CO 80610, Letter of Credit No. 770" and be accompanied by a signed statement from the Board of County Commissioners of Weld County, Colorado stating that "the company has committed a material breach of the Improvements Agreement According to the Policy Regarding Collateral for Improvements regarding Site Plan Review SPR-416 dated the 18th day of September, 2008, by and between Don Shaffer Trucking, Inc 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, The International Chamber of Commerce Publications 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, FARMERS BANK, 119 Is' Street, Ault, CO 80610. This letter of credit will expire on November 19, 2008 at 5:00P.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 FARMERS 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 FARMERS BANK; (b) a statement purportedly signed by an official of the Board of County Commissioners of Weld County, Colorado stating that we have received notice from FARMERS BANK the Letter of Credit No. 770 will not be renewed and that Don Shaffer Trucking, Inc has failed to provide proof of adequate collateral and substitution of the Letter of Credit No. 770; (c) copy of letter from FARMERS BANK stating non -renewal of Letter of Credit No. 770 and the original letter of credit. Yours truly, Andrea Jarboe Loan Admin Officer Farmers Bank - Ault Donna Bechler From: Sent: To: Subject: Stephanie Arries Tuesday, August 18, 2009 12:23 PM Donna Bechler FW: Don Shaffer Trucking, Inc. Original Message From: Chris Gathman Sent: Tuesday, August 18, 2009 10:11 AM To: Stephanie Arries Cc: Kim Ogle; Richard Hastings; Donald Carroll; Don Dunker Subject: RE: Don Shaffer Trucking, Inc. I will go out to the site to verify the landscaping the progress on landscaping. That was my remaining item on the collateral. Chris Gathman Planner III Weld County Department of Planning Services 918 10th Street, Greeley, CO. 80634 Ph: (970)353-6100 ext. 3537 Fax: (970)304-6498 Original Message From: Stephanie Arries Sent: Tuesday, August 18, 2009 8:59 AM To: Donna Bechler; Chris Gathman; Kim Ogle; Richard Hastings; Donald Carroll Subject: RE: Don Shaffer Trucking, Inc. We should look at this soon to determine whether to call on this letter... I could not see that the final plat was ever recorded - Did the company ever meet its requirements?? From: Donna Bechler Sent: Tuesday, August 18, 2009 8:26 AM To: Chris Gathman; Kim Ogle; Stephanie Arries; Richard Hastings; Donald Carroll Subject: Don Shaffer Trucking, Inc. I received this letter from Farmer's Bank yesterday stating they would not be extending the Letter of Credit for Don Shaffer Trucking, and that the Letter of Credit would expire on September 19, 2009. The original Letter of Credit is due to expire on 11/19/2009, so they sent it 60-90 days prior, but also made the expiration date sooner. Donna 1 Hello