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HomeMy WebLinkAbout20092419.tiff1j RESOLUTION RE: APPROVE CANCELLATION AND RELEASE OF COLLATERAL FOR SITE PLAN REVIEW, SPR #353 - DAVSEL VENTURES, 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 October 9, 2002, the Department of Planning Services approved the application of Daysel Ventures, Inc., do Mery and Deanna Davies, 435 West 46th Avenue, No. 1, Greeley, Colorado 80634, for a Storage Maintenance Facility and two Office/Warehouse/Shop Facilities on the following described real estate, to wit: Lot 5, Union Colony Subdivision; being part of the NW1/4 SE1/4 of Section 9, Township 5 North, Range 65 West of the 6th P.M., Weld County, Colorado, and WHEREAS, on January 22, 2003, the Board of County Commissioners of Weld County, Colorado, approved an Improvements Agreement, between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Daysel Ventures, Inc., do Mery and Deanna Davies, with terms and conditions being as stated in said agreement, and accepted Irrevocable Letter of Credit #000209, drawn on Centennial Bank of the West, NKA Guaranty Bank and Trust Company, 2700 47th Avenue, Greeley, Colorado 80634, in the amount of $2,000.00, and WHEREAS, staff from the Weld County Departments of Public Works and Planning Services 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 the Irrevocable Letter of Credit #000209, drawn on the Centennial Bank of the West, NKA Guaranty Bank and Trust Company, in the amount of $2,000.00 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. 111111 11111 111111 11111 1111 111111 111 III 11111 1111 1111 3651790 10/01/2009 11:48A Weld County, CO 1 of 2 R 0.00 D 0.00 Steve Moreno Clerk & Recorder CC . 2009-2419 PL1647 /W 4�L / (1/47e747 CANCEL COLLATERAL - DAVSEL VENTURES, INC. PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 9th day of September, A.D., 2009. BOARD OF C UNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: Weld County Clerk to th BY: ZI711.. E Deputy Clerk to the Board County Attorney Date of signature 111111111111111111111111111111111111111III 11111 lilt IIII 3651790 10/01/2009 11:48A Weld County, CO 2 of 2 R 0.00 D 0.00 Steve Moreno Clerk & Recorder William F Garcia, Chair o Douglas` Radenjacher, Pro-Tem Seep P. Conway Sir ara Kirkmeyer David E. Long 2009-2419 PL1647 MEMORANDUM COLORADO TO: Board of County Commissioners DATE: September 4, 2009 FROM: Kim Ogle, Planning ServicesNv SUBJECT: Daysel Ventures, Inc, Site Plan Review #352 Letter of Credit #09000209 Centennial Bank of the West Staff from the Department of Public Works conducted a field inspection in August 2009 and determined that the property was in compliance with all transportation elements as stated in their referral dated August 31, 2009. Planning Services inspected the site on May 5, 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 Letter of Credit #09000209, from Centennial Bank of the West for Daysel Ventures, Inc, be released in full. 2009-2419 MEMORANDUM nRc. COLORADO TO: Kim Ogle, Planning Services DATE: 8/31/2009 FROM: Richard Hastings, Public Works Department SUBJECT: Collateral List Update: Daysel Ventures, Inc. (PL1647 - #2003-0242) SPR #353 Release of Collateral Status • All Public Works related items have been completed and are found to be acceptable. Weld County Collateral List: Daysel Ventures, Inc. (PL1647 - #2003-0242) SPR #353. Imps Agrmt Letter of Credit #09000209 from Centennial Bank of the West. Expires 11/26/03, without renewal clause $2,000.00 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 Settings\kogle\Local Settings\Temporary Internet Files\Content.Outlook\NUIE6KGO\Collateral List update (Daysel Ventures SPR-353)-MEMO (2).docx Identify Results Page 1 of 2 WELD COUNTY ASSESSOR PROPERTY PROFILE Account#: R0388995 Tax Area: 0600 Bordering County: Acres: 0.0807 Township Range Section Quart. Sec. 05-66-02-3 Owners Name & Address: DAVIES A MERVYN & 435 W 46 AV No. 1 GREELEY, CO 80634 Additional Owners: DAVIES DEANA L Business/Complex: DOVE CREEKCONDOMINIUMS P.U.D. Sale Date 5/19/2006 Sale Price $201,500 Parcel#: 095902323001 Subdivison Name Block# Lot# DOVE CREEK - - 1 Sales Summary Deed Type WD Legal Description Property Address: Street: 435 W 46 AV 1 GREELEY City: GREELEY Reception # 3391627 GR DC UNIT 1 DOVE CREEK DESC AS PT W2 2 5 66 BEG W4 COR SEC N83D36'E 50.9' TO E LN 47 AVE 504D24'W 403.1' 585D35'E 189.07' N04D24'E 48.6' N23D09'E 65.89' 585D35'E 58.63' N04D24'E 34.97' 585D35'E 220' N66D29'E 44.06' N37D12'E 80.09' N51D35'E 44.68' TO TRU Land Type Townhouse Land Subtotal: Bldg# 1 Abst Code 1112 Property Type Townhouse Improvements Subtotal: Total Property Value Account#: R0388995 Owners Name & Address: DAVIES A MERVYN & 435 W 46 AV No. 1 GREELEY, CO 80634 Building# 1 Land Valuation Summary Unit of Number of Measure Units Site Actual Value Assessed Value $40,000 $3,180 Buildings Valuation Summary Building Details Actual Value $153,972 Property Address: Street: 435 W 46 AV 1 GREELEY City: GREELEY Property Type Townhouse $193,972 Assessed Value $12,260 $15,440 Parcel#: 095902323001 http://maps2.merrick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=095902... 9/3/2009 ,ka, COLORADO September 14, 2009 Guaranty Bank and Trust Company (formerly Centennial Bank of the West) 2700 47d) Avenue Greeley, Colorado 80634 CLERK TO THE BOARD PHONE (970) 336-7215, Ext. 4225 FAX: (970) 352-0242 P. 0. BOX 758 GREELEY, COLORADO 80632 RE: Cancellation and release of Collateral — Daysel Ventures, Inc., c/o Mery and Deanna Davies To Whom It May Concern: Attached hereto please find the Board of County Commissioners Resolution releasing the collateral for Daysel Ventures, Inc., c/o Mery and Deanna Davies, in the amount of $2,000.00, and the original Irrevocable Letter of Credit No. 000209, issued by Centennial Bank of the West, in the amount of $2,000.00. 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:41,14A Donna J. B hier, Deputy Clerk to the Board WING COLORADO September 14, 2009 Daysel Ventures, Inc. c/o Mery and Deanna Davies 435 West 46Th Avenue, No. 1 Greeley, Colorado 80634 RE: Cancellation and release of Collateral for Daysel Ventures, Inc. Mr. and Ms. Davies; CLERK TO THE BOARD PHONE (970) 336-7215, Ext. 4225 FAX: (970) 352-0242 P. O. BOX 758 GREELEY, COLORADO 80632 On September 9, 2009, the Board of County Commissioners approved the cancellation and release of collateral for Daysel Ventures, Inc., in the amount of $2,000.00, 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. 000209 for $2,000.00 has been returned to Centennial Bank of the West, NKA Guaranty Bank and Trust Company. 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: i"IIGLu 121., , Q/2J iA Donna J. Be ler Deputy Clerk to the Board CENTENNIAL BANK of the West °S 6.).• - rre P ce oy OF�'QG 1'a,I r L 01 ry t' - o ipPr C' °c? asa s. c o � Zo0 6 IRREVOCABLE LETTER OF CREDIT Letter of Credit Number 000209 Date: November 26, 2002 Beneficiary: Board of County Commissioners Attn: Clerk to the Court P.O. Box 758 Greeley, CO 80632 To Whom It May Concern: <'A For the account of A. Mervyn Davies we hereby authorize you to draw on us at sight up to an aggregate amount of $2,000.00. Drafts drawn under this Letter of Credit must specify the date and the number of the Letter of Credit and must be presented at the office identified below not later than November 26, 2003. The sole condition for payment of any draft drawn against this Letter of Credit is that the draft be accompanied by a letter, on the Town's letterhead, signed by the Town Administrator, Public Works Director or other Town assignee to the effect that A. Mervyn Davies is in default of Developer's obligations pursuant to the Development Agreement. This Letter of Credit sets forth in full the terms of our obligations to you, and such undertaking shall not in any way be modified or amplified by any agreement in which this Letter of Credit relates, and any such reference shall not be deemed to incorporate herein by reference any agreement. This Letter of Credit is irrevocable, unconditional, nontransferable and non -assignable. We hereby agree with you that sight drafts drawn under, and in compliance with, the terms of this Letter of Credit will be duly honored at Centennial Bank of the West, 2700 47th Ave., Greeley, CO 80634. Unless otherwise expressly stated, this Letter of Credit is subject to the International Chamber of Comnierce, Uniform Customs and Practice for Commercial Documentary Credits; 1993 Revision — International Chamber of Commerce Publication No. 500. Sincerely, Centennia By Title �U� Hello