HomeMy WebLinkAbout20093073.tiff160 RESOLUTION
RE: APPROVE CANCELLATION AND RELEASE OF COLLATERAL FOR FINAL PLAN,
S #315 - BALDRIDGE PUD, FIRST FILING
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 May 29, 1991, the Board approved the application of
Donald and Adele Baldridge for Baldridge Planned Unit Development Final Plan, First Filing, on the
following described real estate, to wit:
Part of the SE1/4 of Section 5 and the NE1/4 of
Section 8, both in Townhip 2 North, Range 68 West
of the 6th P.M., Weld County, Colorado, and
WHEREAS, on June 5, 1991, the Board of County Commissioners of Weld County,
Colorado, approved an Improvements Agreement According to Policy Regarding Collateral for
Improvements, between the County of Weld, State of Colorado, by and through the Board of
County Commissioners of Weld County, and Donald W. and Adele A. Baldridge, with terms and
conditions being as stated in said agreement, and accepted Irrevocable Letter of Credit No. 628,
drawn on The Western National Banks, 1130 North Circle Drive, Colorado Springs, Colorado
80909, in the amount of $15,000.00, and
WHEREAS, on June 26, 1991, the Board was presented with a Road Maintenance
Agreement and Performance Bond #201619, in the amount of $65,500.00; however, the Board
voted to refer the case back to the Department of Planning Services for an indefinite period of time
to allow staff the opportunity to collect the properly executed paperwork, and
WHEREAS, staff from the Weld County Department 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 Irrevocable Letter of Credit No. 628, drawn on The Western National Banks,
in the amount of $15,000.00 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 1111 111111 II III III 1111111 11111 III IIIII IIII IIII
3667160 12/28/2009 11:37A Weld County, CO
1 of 2 R 0.00 D 0.00 Steve Moreno Clerk & Recorder
CO PL-, pct)
2009-3073
PL0047
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CANCEL COLLATERAL - BALDRIDGE PUD, FIRST FILING
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 23rd day of November, A.D., 2009.
ATTEST:
Weld County Clerk to the Boar
BY Y.e!i `'a ? e.//' Vg
Deputy Clerk to the Board
APP
ounty Attorney
SO'S al
e,IEjL/t.1
i� F. Garcia, Chair
' 1861 ( i �dorr4 . �
f OlC 4�' 1.C CCY�Lv7G
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4 `
��'Sean P. Conway
Date of signature 11/37(.7/07
BOARD OF NTY COMMISSIONERS
WEJ.D C ,, COLORADO
ademacher, Pro -Tern
USED
1111111 11111 1111 1 111111 III 111111111111 I I 11111 11111111
3667160 12/28/2009 11:37A Weld County, CO
2 of 2 R 0.00 D 0.00 Steve Moreno Clerk & Recorder
Barb@ Kirkmeyer
cc)David E. Long I
2009-3073
PL0047
Actri
COLORADO
MEMORANDUM
TO: Board of County Commissioners
DATE: November 9, 2009
FROM: Kim Ogle, Planning Services„
SUBJECT: Baldridge PUD, First Filing
Irrevocable Letter of Credit #628
Western National Banks, Colorado Springs
Case number S-315
Staff from the Departments of Public Works and Planning Services request the release of
Irrevocable Letter of Credit #628, from Western National Banks of Colorado Springs for the
Baldridge PUD, First Filing.
The Weld County Attorney, the Department of Public Works and the Department of Planning
Services, requests your approval.
2009-3073
THE WESTERN NATIONAL BIBS
or
July 11, 1991
Weld County Department of Planning Services
915 10th Street, Room 342
Greeley, CO
IRREVOCABLE LETTER OF CREDIT NO. 628
Gentlemen:
Ca
c.
The Mavericks
This is to certify that THE WESTERN NATIONAL BANK OF COLORADO
SPRINGS has FIFTEEN THOUSAND AND NO/100THS U.S. DOLLARS
($15,000.00) for the use or credit of Donald W. Baldridge, owner
or developer of the following described land:
1990 E. Highway 119
Longmont, Colorado
and that these funds will be made available to Weld County for
construction improvements as required by Weld County pursuant to
the PUD Plan, 1st filing May 29, 1991 approved by Resolution of
Weld County Board of County Commissioners. The aforesaid funds
will be made available to Weld County for said improvements when
requested by the County.
Expiration date of Irrevocable Letter of Credit No. 628 is
July 11, 1992, 2:00 p.m., M.S.T.
Yours very truly,
ennis Nath(a'n
Executive Vice President
DN/cjp
The Western National Bank of Colorado Springs
1130 N. Circle Drive
Colorado Springs, Colorado 80909
719-473-0111
P. 0. Box 9250
Colorado Springs, Colorado 80932
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Zook f connt9
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Rele 551o�eY5
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The Western National Bank of Academy
3485 N. Academy Blvd.
Colorado Springs, Colorado 80917
719-574-3500
P. 0. Box 9250
Colorado Springs, Colorado 80932
8Y
The Western National Bank of Colorado
421 N. Tejon
Colorado Springs, Colorado 80903
719-473-2341
102 S. Tejon
Colorado Springs, Colorado 80903
719-632-5444
Members FDIC
P. O. Box 9250
Colorado Springs, Colorado 80932
Western National Bank Colorado Springs
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12/1/2009
Donna Bechler
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Donna Bechler
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We have just released Letter of Credit #628, dated July 11, 1991, issued to Donald Baldridge,
Baldridge PUD, First Filing. It expired July 11, 1992. We have just removed it from our
records, and since it is so old, I would like to know if you would like me to return it to
your bank. I will wait for your reply.<br I>
<br />
Donna Bechler, <br />
Deputy Clerk to the Board<br />
i
TURNED OVER TO DPS, CA, EG FOR CLOSURE
TO BE CANCELED 7/7/99 IF NO RESPONSE
Baldridge PUD, 1ST FILING (PL0047 7/17/91 910613)
Subdivision Improvements Agreement and
Landscaping Agreement - Irrevocable Letter
of Credit #628, Western National Banks,
Colorado Springs. Dated July 11, 1991.
Expires 7/11/92.
EXPIRED!
REFERRED TO PLANNING 6/9/99
Continental View Ponds (PL0966). Subdivision Improvements
and Road Maintenance Agreement.
(#RE961935 10/30/96). Cancellation and release of collateral -
Reduction in amount (Acceptance of warranty collateral)
Current amount
FULL & FINAL EXPIRY 5/3/98
Referred to Planning 6/9/99
Meadow Vale Farm, Inc. (S#403) (PL1010) Private Road
Maintenance; Improvement Agreement, Deeds of Trust
Letter of Credit #54 (RE970910 5/07/97)
EXPIRES 04/25/98
Letter of Credit #55 (RE970933 5/12/97)
EXPIRES 04/25/98
Referred to Planning 6/9/99
Sekich (PL0077 8/20/86) Road Improvements and Maintenance
Agreement - Letter of Credit #1181, United Bank of
Greeley, Dated 2/26/88, replaces #0207 Dated 9/16/86.
Expired 12/31/88.
EXPIRED
Referred to Planning 6/9/99
$ 15, 000.00
$ 750
$ 50,000.00
$ 50,000.00
$ 47,025.00
10
K:\CAH\LISAFEBX
As of 9115199
COLORADO
MEMORANDUM
To: Clerk to Board
From: Wendi Inloes
Subject: Release of Collateral
July 16, 1999
I have inspected the following cases for release of collateral:
cx,�ia4iaF�3.
S-312, Antelope Hills PUD: Landscape improvements on this site are complete and thee/}'' 55.:
Planning Department recommends release of the remaining collateral.
S-315 - Baldridge PUD: Landscape portion of this site has not been satisfied by the
Department of Planning. Will be contacting developer before any action is taken.
3L
S-385 - Dos Rios Phase 1, Second Filing: There were no issues for Planning. 9 a 3
S-423 - Gander Valley PUD: Landscape improvements on site are complete and the n
Planning Department recommends release of remaining collateral. c 9 4-7
&WA/5. S-403- Meadow Vale 1st Filing: Landscape improvements on site complete.
9919x8,
^'W 6.
S-420 - Meadow Vale 2nd Filing: East entrance to subdivision landscaping needed to
complete. Partial release recommended for landscaping for filing two.
Will need to reinspect this subdivision before final determination.
USR-923 - Mount Calvery Lutheran Church: Landscaping complete on this site. The
partment of Planning Services recommends release of collateral. 99a33�
eki h Business P-rk: T. -r- were no is ues for PI_n ing, ' �' �' 49c?
S-377 - Continenta View Ponds PUD: Wildlife preservation complete; however,
landscaping still not complete for this subdivision. Will be contacting developer before any
action is taken.
cc: Don Carrol
Julie Chester
SEK VICE I EAMWOKK, IN I EOKI I Y. QUALITY
COLORADO
MEMORANDUM
TO: Clerk to the Board DATE: July 16, 1999
FROM: Donald Carroll, Engineering Administrator
SUBJECT: Cancellation of Expired Collateral
(9/6
Wendi Inloes, Planning Services, and I performed a field investigation to verify status and/or completion of the following
projects:
1. Subdivision File -Antelope Hills PUD: The transportation portion of the Improvements Agreement has been
completed to my satisfaction. All roads within the Antelope Hills Subdivision are county maintained. Weld County
Public Works has no problem with releasing the letters of credit for this location.
PL0047 - Baldridge PUD, 1st Filing: The access is from Weld County Road 5 and is a paved entrance accommodating
the Baldridge PUD and the Vista Commercial Center. The parking lot is gravel and the circulation is adequate. There
is an existing retention pond. Weld County Public Works has no conflict with releasing any of the transportation items.
3. Subdivision File - S-#385, Phase 1 of Dos Rios Estates, Second Filing: Lots 1 through 8 are identified as the second
filing. My memo to the Board of County Commissioners of April 17, 1998, recommended full maintenance. Weld
County Public Works is presently maintaining Phase 1, Second Filing.
4. PL1165 - Gander Valley PUD: The internal road system is gravel with adequate width and depth. All transportation
items have been completed. This section of road is considered a private lane and is not maintained by Weld County.
5. PL1010 - (S #403) Meadow Vale Subdivision PUD:
First Filing: The rough grading, subgrade prep, and asphalt have all been completed. The sidewalk is the
only item not completed. Exhibit A of the Improvements Agreement reflects 1,080 feet of sidewalk at a cost
of $8,640.00. Meadow Vale Farms is a non -county maintained subdivision.
Second Filing: The rough grading, subbase and asphalt have all been completed. The sidewalk reflects 1,080 feet
at $8,640.00 and has not been completed.
6. PL0819 - Mount Calvary Lutheran Church: The grading, drainage, and retention facility exists. The circulation and
parking all appear to be adequate for the facility. Weld County Public Works has no conflict with releasing any of these
items.
7. PL0077 - The Sekich Business Park - There have been no improvements to WCR 9% adjacent to the Sekich Business
Park. WCR 9% is scheduled for improvements in the three-year plan. WCR 9% is currently maintained by Weld
County.
8. PL0966 - (S#377) Continental View Ponds PUD: The transportation portion is complete. The width and depth of
gravel appear to be adequate. This PUD is privately maintained.
cc: Frank B. Hempen, Jr., Director of Public Works/County Engineer
Wendi Inloes, Planning Services
Monica Daniels -Mika, Director of Planning Services
Carol Harding, Finance Department
MEMORANDUM
COLORADO
TO: Monica Mika -Daniels; Bruce Barker,
Frank Hempen
FROM: Donald D. Warden
SUBJECT: Cancellation of expired collateral
June 9, 1999
It has come to my attention that collateral is expiring without anyone obtaining replacement
collateral or verifying whether the various projects and roads have been completed to the
satisfaction of the county. Below is a list of collateral that has already expired. Please verify
whether there is need for further collateral for the completion or close-out of the project and, if
so, please obtain it. I think in a number of instances the projects have been completed
although we have not taken formal action to cancel the collateral. For your future reference, it
does require Board action to cancel and release any collateral. So, when a project is
completed, a memo should be sent to the Clerk to the Board's office that the collateral is ready
for release.
Please review those cases listed below to determine whether collateral is needed, make any
comments in the space provided, and return the form to my office by June 30, 1999. All
collateral listed will be released or replacement collateral accepted by the Board in the regular
board meeting on July 7, 1999; therefore, if you have further information, please provide it to
the CTB office by July 1, at 10:30 a.m.
For your information, I have attached a copy of the complete list of collateral as compiled in the
CTB office. Please review and tickle those matters which will be expiring in the near future. It
is the ultimate responsibility of the Director of Planning Services or the Director of Public Works
to be sure collateral is released upon its expiration OR replacement collateral is received. If
you have questions regarding the collateral, please call Carol Harding at Extension 4217.
Thank you for your cooperation in this matter.
F
SUBD FILE - Antelope Hills PUD, c/o Duane Kunkel. PUD Approved 4/10/91;
Improvements Agreement and Landscape Improvements Agreement. Collateral
accepted 6/10/91 - Drawn on the Bank of Windsor, two Letters of Credit
#0104002001 and #0104002002 in the amounts of $31,476.00 and $27,637.76,
expired April 10, 1992. Have previously been referred to Planning Department.
COMMENTS
PL0047 - Baldridge PUD, 1' FILING. PUD Approved 5/29/91; Road
Maintenance Agreement, Improvements Agreement. Collateral accepted
7/17/91 - Drawn on Western National Banks, Letter of Credit #628 in the amount
of $15,000, expired on July 11, 1992. Has previously been referred to Planning
Department.
COMMENTS:
SUBD FILE - (S #385) Phase 1 of Dos Rios Estates, Second Filing, do Joyce J.
Allely. On 10/28/96, BOCC approved a partial release of collateral in the amount
of $44,880.16, leaving a balance of $18,626.84 which has not been released.
(Unclear whether streets should be accepted into county road system; if so, that
has not yet been done.)
COMMENTS:
1-
PL1165 - Gander Valley PUD, do Douglas Myers and James S. Hillhouse.
Improvements Agreement for Private Road Maintenance. On 10/15/97, BOCC
approved partial release and exchange of collateral; Drawn on the Colorado
Business Bank; Letter of Credit No. 1070; in the amount of $2,000; expired
9/24/98. Unclear whether roads should be accepted into county road system,
has not yet been done.
COMMENTS:
5. PL1010 - (S #403) Meadow Vale Subdivision PUD Final Plan, Meadow Vale
Farm, Inc. Improvements Agreement for Private Road Maintenance and a Road
Maintenance and Improvements Agreement.
4 -
First Filing. On 5/7/97 BOCC released two Deeds of Trust being held as
collateral, in exchange for Letter of Credit #54, drawn on the Eaton Bank, in the
amount of $50,000, expired 4/25/98. See (d) of Letter of Credit regarding
acceptance of improvements by county.
COMMENTS:
Second Filing. On 5/12/97 BOCC accepted Letter of Credit #55, drawn on
Eaton Bank in the amount of $50,000, expired April 25, 1998. Also has (d)
regarding acceptance of improvements.
COMMENTS:
PL0819 - Mount Calvary Lutheran Church. Condition of Approval #6 required
sufficient performance guarantee to ensure installation and completion of the
grading and drainage, landscaping, and screening of property. On 2/12/92,
BOCC reduced collateral and accepted Letter of Credit #63, drawn on First
Security Bank of Fort Lupton, in the amount of $3,260.
COMMENTS:
PL0077 - The Sekich Business Park, do Fred M and Nick Sekich, Jr. Road
Improvements and Maintenance Agreement. On 7/15/91 exchange of collateral,
accepted Letter of Credit #1181 in the amount of $47,025.00, drawn on the
United Bank of Greeley, expired 12/31/88. Letter from United Bank dated 8/5/91
confirms Letter of Credit did expire.
COMMENTS:
8. PL0966 - (S #377) Continental View Ponds PUD, do Jack Olberding, John
Widerquist, Terry Henze, William Bedell. Improvements Agreement for Private
Road Maintenance. On 10/30/96, BOCC reduced collateral to $750. Letter of
Credit #4039, second amendment received, however, full and final expiration
was May 3, 1998.
COMMENTS:
M:\CAROL\MECOLLAT
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