HomeMy WebLinkAbout20093799.tiffC
Brad Mueller
From: Brad Mueller
Sent: Monday, December 28, 2009 7:43 AM
To: ngerrard@gerrardinc.com
Cc: Kim Ogle; Brad Mueller
Subject: FW: Collateral Release
Attachments: Email to Brad Mueller (11-6-09) RE USR-1584.jpg
Nathan,
Public Works has considered your request to waive the conditions of the Improvement Agreement
regarding the one-year warranty collateral and determined that a waiver cannot be granted.
Given my eminent departure with the County, please coordinate scheduling of the partial
collateral release with Kin Ogle in our office. As we discussed prior to your waiver
request, a Letter of Credit (per the standards I forwarded) or reissuing of the bond is
needed before we can schedule this with the Board.
Nathan, it's been a pleasure working with you, and I wish you continued success with your
business. Best regards in the New Year.
Brad
Original Message
From: Richard Hastings
Sent: Tuesday, December 22, 2009 2:48 PM
To: Brad Mueller
Cc: David Bauer; Don Dunker; Donald Carroll; Clayton D. Kimmi; Heidi Hansen; Kim Ogle
Subject: RE: Collateral Release
Brad,
Following staff review, Public Works requests that the participant adhere to the stipulations
found within the attached email dated 11-6-09. Specifically, "As -built" Plans and the one-
year Warranty Collateral need to be submitted.
Let me know if you need anything else.
Thanks,
Rich Hastings
Weld County Public Works/Engineering Dept.
1111 H Street (Site Address)
P.O. Box 758 (Mailing Address)
Greeley, CO 80632-0758
Office:(970) 304-6496 EXT. 3727
Cell:(970) 381-3767
rhastings(aco.weld.co.us
Original Message
From: Brad Mueller
Sent: Monday, December 21, 2009 12:12 PM
To: ngerrard@gerrardinc.com
1
2c09-3199
'PL181Z
Cc: Richard Hastings; David Bauer; Kim Ogle
Subject: RE: Collateral Release
We are fairly bound by the contract (Improvements Agreement) that you signed, as well as the
County Code. However, I will forward this to Public Works for their input.
Rich and Dave, please comment.
Brad
From: Nathan Gerrard[mailto:ngerrard@gerrardinc.com]
Sent: Monday, December 21, 2009 11:18 AM
To: Brad Mueller
Subject: RE: Collateral Release
Brad,
I was contemplating asking if there was any way this requirement may be waived. The only
thing we are guaranteeing is the asphalt in the driveway. The subgrade has been in place for
over two years now and hasn't moved an inch. It is very unlikely that the asphalt itself
would catastrophically fail. If it did we would have no choice but to repair it since it is
our only access. Regardless, it is our driveway, not part of a subdivision and not an
improvement that any way affects the public. Bond or LOC, I still have to pay a minimum flat
fee and we both have to go through all of the paperwork shuffle. Let me know what you think.
Nathan Gerrard
Gerrard Excavating, Inc.
ngerrard0gerrardinc.com<mailto:ngerrard0gerrardinc.com>
1739 S. County Rd 13C / Loveland, CO 80537 / office 970.669.1463 / fax 970.669.0593
From: Brad Mueller [mailto:bmueller@co.weld.co.us]
Sent: Monday, December 21, 2009 10:59 AM
To: ngerrard@gerrardinc.com
Subject: RE: Collateral Release
Nathan, I know that the holidays are a terrible time . .
2
Did you secure a Letter of Credit? If so, I can schedule the Board hearing. After next
week, however, you'll be working with someone else here, because I'll be gone after that.
Brad
3
Brad Mueller
From:
Sent:
To:
Cc:
Subject:
Nathan,
Brad Mueller
Friday, December 11, 2009 11:13 AM
ngerrard@gerrardinc.com
Richard Hastings; Brad Mueller
Collateral Release
It was a pleasure to speak to you again this morning. Thank you for calling in regards to releasing collateral for your
Gerrard Excavating business site, Use by Special Review Permit No. USR-1584.
Rich Hastings, Public Works, and myself have both visited the site and determined that the base collateral can be
released. Per the Improvements Agreement, a 15% Warranty Collateral must be held for one year. The current
Subdivision Bond #104773587, Travelers Casualty and Surety Co., held by the County is for $29,996.40. The Bond can be
revised to $3,239.46, which is 15% of the engineering costs (i.e., total, minus landscaping costs).
The revised Bond will be held for the Warranty period until November 1, 2010, since that was the date that Public Works
confirmed the improvements were satisfactorily in place.
As we discussed, there are a couple of other obligations under the Improvements Agreement. You and I have discussed
that some of the landscaping has not been placed according to the approved USR plan. The Planning Department will
accept the current configuration, with the provision that you will complete the landscaping, at the time that the building
and parking lot are constructed. From our conversation, you do not have a timeframe for building these at this time.
Also, at this time you will need to provide as -built plans of the site to public works of the improvements, as per Section
7.2 of the Improvements Agreement. Similarly, Sections 7.3 and 7.4 require that you provide Public Works with letter
from the utility companies and fire department that they accept the improvements, as they have been built.
Please provide a Bond Rider/replacement bond in the amount of $3,239.46, and we will schedule your request for
release of the remainder amount with the Board of County Commissioners immediately.
Thank you. Best regards in this holiday season.
Brad Mueller, AICP
Weld County Planning Services
970-353-6100 x3572
1
Brad Mueller
From:
Sent:
To:
Subject:
Brad,
Nathan Gerrard [ngerrard@gerrardinc.com]
Friday, December 11, 2009 10:45 AM
Brad Mueller
USR-1584
Per our phone conversation today, the additional trees shown near the proposed office building and to the south of the
proposed office parking lot will be installed when the office and parking lot are constructed as we did not want to plant any
trees in areas that would require them to be cut down at a later date. Thank you.
Nathan Gerrard
Gerrard Excavating, Inc.
ngerrardna gerrardinc.com
1739 S. County Rd 13C / Loveland, CO 80537/ office 970.669.1463 / fax 970.669.0593
1
Brad Mueller
From:
Sent:
To:
Cc:
Subject:
Richard Hastings
Friday, November 06, 2009 8:51 AM
Brad Mueller
David Bauer; Don Dunker; Donald Carroll
Gerrard (USR-1584) Collateral Release Request
Brad,
Following staff review, Public Works will request "as -built" plans of the above -mentioned facility, as
per Section 7.2 of Gerrard's On -Site Improvements Agreement ( Doc.# 2007-2931). These plans
should also clearly show that the parking lot at the entrance has not been built. I also have a question
related to Sections 7.3 and 7.4 of the afore -mentioned Agreement. Have we received the letters
and/or statements of compliance mentioned in the these two sections?
Since this will initiate the beginning of the one-year warranty period, which one of the following 15%
options do you prefer?:
Collateral List (9-22-09) pg. 3
Gerrard Family Limited Partnership, LLLP (PL1872 #2007-2931)
USR #1584 - On -Site Imps Agrmt. Private Road Maintenance
Subdivision Bond #104773587, Travelers Casualty and Surety Co.
No Expiration Listed
Partial Release (2009-0803)
Rider received. Effective 04/01/09
$70,920.27
40.293.87
$29,996.40
Collateral Options
1. $29,996.40 - $8,400(Landscaping Exh.A) = $21,596.40 X 15% = $3,239.46 (Warranty
Collateral)
2. $29,996.40 X 15% = $4,499.46 (Warranty Collateral)
Let me know how you wish to proceed.
Thanks,
Rich Hastings
Weld County Public Works/Engineering Dept.
1111 H Street (Site Address)
P.O. Box 758 (Mailing Address)
Greeley, CO 80632-0758
Office:(970) 304-6496 EXT. 3727
Cell:(970) 381-3767
rhastings(c�co.weld.co.us
1
Brad Mueller
From:
Sent:
To:
Subject:
Richard Hastings
Wednesday, November 04, 2009 3:40 PM
Brad Mueller
RE: Gerrard inspection
Brad,
My only PW related question was the unfinished parking lot at the entrance which is shown on
the plans. Otherwise it's good to go.
Rich
Original Message
From: Brad Mueller
Sent: Wednesday, November 04, 2009 3:36 PM
To: Richard Hastings
Subject: Gerrard inspection
Rich, have you looked at the site? I visited and need to talk to them about a couple missing
(landscaping) issues, but I want to wait until I get your report. Thanks for any ETA you can
provide. Brad
1
www.earthdevelopers. corn
1739 South County Road 13c / Loveland, Colorado 80537
office 970.669. 1463 / fax 970.669. 1964
October 19, 2009
Weld County Board of Commissioners
PO Box 758
Greeley, CO 80632-0758
Age,..1.E171511.40717
4 7O
Developing A Common Future
Reference: USR-1584 On -Site Improvements Agreement
Gerrard Family Ltd. Partnership, LLLP
Collateral Release
This letter is to formally request the release of collateral for the above mentioned agreement. The
bond number is 104773587 supplied by Travelers Casualty and Surety Company of America. The
following improvements have previously been released;
Driveway grading
Driveway road base
Detention ponds
Parking Lot grading
Parking Lot road base paving
Road Culvert
FES
Outlet Structure
Engineering and Supervision
The remaining items; driveway paving and landscape trees have now been completed.
Thank you,
Nathafi Gerrard
Gerrard Family Ltd. Partnership, LLLP
Weld County Planning Department
GREELEY OFFICE
"T 2 12009
RE HVED
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