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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 /of2/- U% 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 r. - 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 Re`, Jib tee' Zook f connt9 Co1a ea y -50alY 23I 'p9 Rele 551o�eY5 Comm 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 Page of H OITGAGE NAG US) Home I Sites I Keyword I Focus! I Search I Forum I Jobs I Resumes I News I Contact I Login Post Information! 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Box 9250 Colorado Springs Colon d United States Phone: Main: 1-719-473-0111 Email:: Darcie Casson Email This conta Peoples Choice Posing Add an entry r 1 We.Bok I CON ADVISORS MORTGAGE ►J1 GROUP.uc Looking fora Better Branch Opportunity? http://www.mortgagemag.com/guide/c003/c003147.htm 12/1/2009 Donna Bechler I. From: Sent: To: Subject: MAILER-DAEMON@mortgagemag1.webex.net Tuesday, December 01, 2009 12:50 PM Donna Bechler failure notice Hi. This is the qmail-send program at mortgagemagl.webex.net. I'm afraid I wasn't able to deliver your message to the following addresses. This is a permanent error; I've given up. Sorry it didn't work out. <DCasson(?)western-national.com>: Sorry, I couldn't find a mail exchanger or IP address. (#5.4.4) --- Below this line is a copy of the message. Return -Path: <dbechlerPco.weld.co.us> Received: (qmail 71701 invoked from network); 1 Dec 2009 19:50:01 -0000 Received: from mortgagemag.com (HELO localhost.localdomain) (billdraving(tmortgagemag.com@209.250.87.75) by mortgagemagl.webex.net with ESMTPA; 1 Dec 2009 19:50:01 -0000 Date: Tue, 1 Dec 2009 14:50:01 -0500 Return -Path: dbechler(ako.weld.co.us To: Darcie Casson <DCasson(alwestern-national.com> From: Donna Bechler <dbechler@co.weld.co.us> Reply -to: Donna Bechler <dbechler@co.weld.co.us> Subject: =?iso-8859-1?Q?Company:_Western_National_Bank_Colorado_Springs- A0=A0=A0_?= =?iso-8859-1?Q?CId-3147?= Message-ID:<bf258cc30e0c515ebbb58e0e92c2d1bb@localhost.localdomain> X -Priority: 3 X -Mailer: PHPMailer [version 1.73] MIME -Version: 1.0 Content -Transfer -Encoding: 8bit Content -Type: text/html; charset="iso-8859-1" <html> <head> <META http-equiv='Content-Type' <META http-equiv='Content-Style-Type' <META content='MSHTML 6.00.2800.1607' </head> content='text/html; charset=windows-1252'> content='text/css'> name=GENERATOR> <body style='margin-left : 0.3in ; margin -top : 0.3in ; margin -right : 0.0in ; font -family: Tahoma, Verdana, Helvetica, sans -serif; font-size:l0pt ; background -color: white ' > Darcie,<br /> cbr /> 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 Hello