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Home My WebLink About20081187.tiff 764 RESOLUTION RE: APPROVE PARTIAL CANCELLATION AND RELEASE OF COLLATERAL FOR IMPROVEMENTS TO WELD COUNTY ROAD 38 - PLATTE SAND AND GRAVEL, LLC 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 8, 2004, by Resolution#2004-3421,the Board approved a Long Term Road Maintenance and Improvements Agreement for County Road 38 between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Platte Sand and Gravel, LLC, 1300 Harlan Street, Lakewood, Colorado 80215,with terms and conditions being as stated in said agreement, and WHEREAS, Platte Sand and Gravel, LLC, failed to complete all of the improvements required, and WHEREAS,on November 5,2007,following a hearing on the issues,the Board determined there were eight improvements which had not been completed, and WHEREAS, the Board, therefore, requested direct payment of the remaining collateral in the account of Platte Sand and Gravel, LLC, for Irrevocable Letter of Credit#00345, in the amount of$182,208.40, to Weld County, in order that the Department of Public Works could complete the improvements which Platte Sand and Gravel, LLC, failed to complete, and WHEREAS, the Department of Public Works has completed seven of the eight improvements, at a cost of$60,042.84,and has only one remaining improvement to make, namely to repair damages to a concrete lined ditch, as noted on the Comprehensive Summary, which is attached hereto and incorporated herein by reference, and WHEREAS, the repairs to the concrete lined ditch must be completed during the time the landowner determines the ditch will not be in use, and that time is currently unknown to the Department of Public Works, and WHERES, staff from the Department of Public Works has conducted a visual inspection and recommends partial release of said funds,in the amount of$112,165.56,retaining$10,000.00, to cover the cost of repairing the concrete lined ditch, and WHEREAS, after considering the testimony from the staff of the Department of Public Works, the Board makes the following findings: 1. Weld County's costs of $60,042.84 to complete seven of the eight remaining improvements are reasonable; and 2. The estimate of$10,000.00 to repair the concrete lined ditch is reasonable; and 3. It is advisable, at this time, to release$112,165.56 to Platte Sand and Gravel, LLC, retaining $10,000.00 to cover the repair of the concrete lined ditch. 1111 111111 III 111111111 III! 2008-1187 3550764 04/30/2008 12:18P Weld County, CO EG0058 1 of 2 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 0 AF P ' L', fG 19-fL OS-OS-rte CANCEL COLLATERAL - PLATTE SAND AND GRAVEL, LLC PAGE 2 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that $60,042.84 be paid to the Department of Public Works for its completion of seven of the eight improvements which remained to be completed pursuant to the Long Term Road Maintenance and Improvements Agreement for County Road 38, approved December 8, 2004. BE IT FURTHER RESOLVED by the Board that $10,000.00 shall be retained by Weld County so that the Department of Public Works may be reimbursed for its costs when the repairs to the concrete lined ditch have been completed. BE IT FURTHER RESOLVED that the Clerk to the Board be, and hereby is, directed to return funds, in the amount of $112,165.56, to Platte Sand and Gravel, LLC. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 23rd day of April, A.D., 2008. BOARD OF COUNTY COMMISSIONERS Liao WELD COUNTY, COLORADO ATTEST: /''_'. i �l if) NiJ I ilium H. Jerke, Chair Weld County Clerk to the Board s : ��, .e �I� �� n gen � `r �, Mas enro-Tem BY: vr Deputy Jerk to the Boar•,t I -AAP/' 7c ‘'P,j� F. Garcia e-- L APPROVED AS T L C l David . Long County Attorney Date of signature: 7 zee ougl adema er I11111111111111111111111111111111111111III111111111IIII 2008-1187 3550764 04/30/2008 12:1812 Weld County, CO EG0058 2 of 2 R 0.00 D 0.00 Steve Moreno Clerk& Recorder ••' ch ON <i' OvO V4 Ch 00N �} W W 41 CT VC 00r- 4C It — 00 ON 41 t0 — 0 O O r• N rN N et up tr CO 00 -- -- %.c! r, h00 'C N W 00 00 O r- 00 C 0 W V N N (4 ni — O N %C M N N C o4 .0 00 r) N e,1 O 00 --r M 6(l O N — ...• W 'D 00 N. 00 (1 ��}• 00 %p d' M 00_ O V0 O CV 00 vl r- EA :n 00 — mr 00 Cn VD 69 (n T r'i (('4� 64 r- N N N 01 N •,-- q� Cr M ; Hvs 2 Q .. .1. N 69 a 44 64 (y r.j vi 69 f9 (.y-69 64 64 (,.� O`.69 iii 69 69 69 65 h, y, - v9 (A 64 (r3 va - (/3 cA LA cA v} y V H F C o G 0_• fa.. -- te a Q ¢ d d R m p 0 0 0 0 p 0 o 0 p p 0 ,:a......"0 -,,e cu m r. OOO0CDCM pOOpOOOOOOOOSpQpOOO p0 q 4. Ft' • v 64449 (44 69 4 4 609 604 (4664 (4 CD (A ((4646646464444466444444969499494 (R C •` �` a[ +- V C ti 1-p4 CD V 0. 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N M M M (5,,P; VC VS W W '0 r• (� 00 ST Ch lr t/ } \ it. \ r ® } • \ z • IS a = c vs k222 \ 7 4 ® ) \\ ) 3 } \ 0 w 4/3 ) ) / - id 2 ON } z \ ! \ ` 6 -11 - kn kj 2 _ f k 65 } / 222 3320} «"a ,- "a « / ! } - - ) \} ) 0a k 44. cr CC ) � ] G en 413 -10 CS • ce \ \ j CS 3 a / \ •COO { / 3 e - r1.4 \ 1. 7.3 / I Sk § g _ Q I j ! \ \ J \ \ } \ (it MEMORANDUM ' TO: Clerk to the Board ��• FROM: Josh Holbrook, Weld County Public Works COLORADO Date: April 17, 2008 SUBJECT: Partial release of Collateral for PS&G (WCR 38) Weld County Public Works road and bridge Department has completed all of the items listed in the Resolution dated November 20th 2007, except for the concrete ditch repairs along Guy Barry's property. These repairs could not be completed due to the irrigation season, but will be completed once the irrigation season has ended. The Department's costs for the completion of the seven items totaled $60,042.85, and have determined that it is appropriate to continue to hold $10,000.00, to cover the cost of the ditch repair. Therefore, of the $182,208.40 which is held as collateral a total of $112,165.55 will be retuned to Platte Sand & Gravel. After the repairs to the ditch are completed, any remaining funds will be released. In the Long-Term road maintenance agreement for WCR 38, it states that "PSG and Weld County will proportionally share the cost of the improvements". Weld County will not pay their share until the road has been fully accepted. pc Dave Bauer Stephanie Arries C:Documents and Settings`dbechler\Local Settings`Temporary Internet FilesOLK54,Memo for partial relase PSG 5-I7-2008 doc Page 1 of 1 2008-1187 Page 1 of 1 Donna Bechler From: Stephanie Arries Sent: Thursday, April 10, 2008 1:58 PM To: Donna Bechler Cc: Bruce Barker; Josh Holbrook; David Bauer Subject: PS&G -Draft of Resolution Attachments: 2008 Reso Platte Sand & Gravel.doc Donna, I believe this should be on the agenda for Wednesday, April 16. Dave Bauer and Josh Holbrook will attend to provide information. I left the Exhibit with Jenny- It is a summary of the County's costs Stephanie 4/10/2008 CLERK TO THE BOARD PHONE (970) 336-7215, Ext. 4225 lungFAX: (970) 352-0242 P. O. BOX 758 O GREELEY, COLORADO 80632 COLORADO April 29, 2008 ATTN: TOM SHARKEY PLATTE SAND AND GRAVEL, LLC 1547 TURNER ROAD COLORADO SPRINGS CO 80920 RE: Partial Cancellation and release of Funds for Platte Sand and Gravel, LLC. Mr. Sharkey: On April 23, 2008, the Board of County Commissioners approved the cash release of funds for Platte Sand and Gravel, in the amount of $112,165.56, as referenced above, transferring $60,042.84 to the Department of Public Works for the completion of seven of the eight remaining improvements, and retaining $10,000.00 to repair the concrete lined ditch. Enclosed is a copy of the Resolution signed by the Board of County Commissioners, and a warrant in the amount of $112,165.56. I will forward a copy of the signed and recorded Resolution to you as soon as it has been recorded. If you have questions or need additional information, please do not hesitate to contact me at(970) 356-4000, Extension 4227. Very truly yours, BOARD OF COUNTY COMMISSIONERS By: d 1l�l� l�'/' '� Donna J. Becht( r Deputy Clerk to the Board INVOI E NtlINBEA iNVGlif'F INVh1CF Omen'1N7'f1R A0017 AL" OR-RFEFRENCF DATF AMhsINT fFf)IICTIONS AMOUNT AMfhINT 20081187 04/23/08 112,165.56 .00 .00 112,165.56 REMOVE DOCUMENT ALONG THIS PERFORATION THIS DOCUMENT IS PRINTED IN TWO COLORS.'DO NOT ACCEPT UNLESS BLUE AND BROWN-ARE PRESENT. rr .g iglige. Weld County NUMBER 3225833 OUT OP MONESIN THE iREA$URY . By Order of The Board Of County Commissioners 82-91 �RPRorcoreo THEREFORANo `l COLOR ADO P.O.Box 758 1021 aNRG/B EA7TNE O Greeley,CO 80632 Wells Fargo (970)356-4000 FAX: (970)352-0242 O Greeley,CO 80634 DATE 4/25/2008 $*****112 165.56 U VOID IF NOT CASHED IN 60 DAYS U. One Hundred Twelve Thousand One Hundred Sixty Five Dollars and Fitly Six Cents f a PAY TO THE ORDER OF ' tLI' LU PLATTE SAND&GRAVEL CHAIRMAN BOARD OF COUNTY COMMISSIONERS IS l 1300 WOOD STREET d�l G/(/�Z 1�4 H LAKEWOOD CO 80215 1M • CL R OF THE OA "OOO3225833e I: 1021009 18': B0127008 2 7008 1,811' Donna Bechler From: Stephanie Arries Sent: Wednesday, April 23, 2008 7:45 AM To: Donna Bechler Cc: Bruce Barker Subject: FW: PS&G Original Message From: Josh Holbrook Sent: Wednesday, April 23, 2008 7:31 AM To: Stephanie Arries; David Bauer Cc: Bruce Barker Subject: FW: PS&G Sorry, Tom Sharkey just called me back and wants the check made out to PS&G at the address listed below: 547 Turner rd. Colorado Springs, Co 80920 Original Message From: Josh Holbrook Sent: Wednesday, April 23, 2008 7:27 AM To: Stephanie Arries; David Bauer Cc: Bruce Barker Subject: RE: PS&G I just talked to Mr. Sharkey and the check needs to be made out to him. Original Message From: Stephanie Arries Sent: Tuesday, April 22, 2008 4:30 PM To: David Bauer; Josh Holbrook Cc: Bruce Barker Subject: PS&G I just received a call from their attorney - Russ Sanford. He wanted to know if it was OK if no one from PS&G showed up for the meeting tomorrow, as they are conceding any issue they might raise. I told him that would be fine. You might call Sharkey and find out if he wants the check sent to him or to Sanford. Thanks Stephanie 1 Hello