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HomeMy WebLinkAbout20082379.tiff Zi RESOLUTION RE: APPROVE CANCELLATION AND RELEASE OF COLLATERAL FOR USE BY SPECIAL REVIEW PERMIT#1578 - SHAWN SARCHET 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 April 11, 2007, the Board approved the application of Shawn Sarchet, 14016 County Road 32, Platteville, Colorado 80651, for a Business Permitted as a Use by Right or Accessory Use in the Commercial or Industrial Zone Districts(conference center, weddings, wedding receptions, wedding seminars, meetings, life celebrations, reunions, bridal showers, baby showers, bar mitzvahs, music recitals, wakes, and community gatherings) in the A (Agricultural) Zone District on the following described real estate, to wit: Lot A of Recorded Exemption #1920; being part of the N1/2 NW1/4 of Section 21, Township 3 North, Range 66 West of the 6th P.M., Weld County, Colorado, and WHEREAS,on November 14, 2007, the Board of County Commissioners of Weld County, Colorado, approved an Improvements Agreement According to Policy Regarding Collateral for Improvements(Private Road Maintenance)between the County of Weld,State of Colorado, by and through the Board of County Commissioners of Weld County, and Shawn Sarchet with terms and conditions being as stated in said agreement,and accepted Irrevocable Letter of Credit#76,drawn on Colorado East Bank and Trust, 207 1st Avenue, LaSalle, Colorado 80645, in the amount of $161,760.04, and WHEREAS, staff from the Weld County Departments of Planning Services and Public Works 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 Irrevocable Letter of Credit#76, drawn on Colorado East Bank and Trust, in the amount of$161,760.04 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. 111111111H 111111111111th 111111 III HIE IIIIIIII 3576298 11:10A Weld County, 2008-2379 1 of 2 R 0.00 D 0.00 Steve Moreno Clerk& Recorder PL1880 CANCEL COLLATERAL - SHAWN SARCHET PAGE 2 The above and foregoing Resolution was,on motion duly made and seconded, adopted by the following vote on the 27th day of August, A.D., 2008. BOARD OF COUNTY COMMISSIONERS /t f WELD COUNTY, COLORADO ATTEST: rsq �4 v W• iam H. Jerke, Chair Weld County Clerk t he " •//' Robg D. RAa en, Pro-Tem BY: Deputy Cler o the Board Hi m F. arcia APP D A C'FORM: David E. Long County Attorney —� Douglas adem her Date of signature: I111111111111111(1111111111111111111111III111111111 379 82 3576298 09/04/2008 11:10A Weld County, CO 200PL 2 of 2 R 0.00 D 0.00 Steve Moreno Clerk 8 Recorder 370 t MEMORANDUM V Igime TO: Board of County Commissioners COLORADO DATE: August 25, 2008 FROM: Michelle Martin ,(,I SUBJECT: USR-1578 The Department of Planning Services received a three letters from the applicant dated 5/15/08, 6/2/08 and 7/15/08 indicating the improvements have been done on the site. Several site inspections were conducted on 5/27/08, 6/10/08, 7/24/08 and 8/20/08 by the Weld County Department of Public Works and the Planning Department indicating all improvements have been completed. The Department of Public Works and the Department of Planning Services is recommending release of the collateral in the amount of one hundred sixty one thousand seven hundred sixty and 04/100 dollars ($161,760.04)for the on-site improvements. 2008-2379 Page 1 of 1 Michelle Martin From: Michelle Martin Sent: Thursday, July 24, 2008 11:36 AM To: 'joeengelsdesign@comcast.net' Subject: USR-1578 Joe, After receiving your letter on July 18, 2008 asking for a full release of collateral I conducted another site inspection today of the property in question USR-1578. I noted that following still need to be done: Trash dumpster Sign Reseeding/sod Once these items have been completed please notify me, thanks. If you have any questions please let me know. .yetteci, Planner II 4209 CR 24.5 Longmont, CO 80504 mmartin@co.weld.co.us PHONE: (720)652-4210 x 8730 FAX: (720)652-4211 07/24/2008 Page 1 of I Michelle Martin From: Michelle Martin Sent: Monday, June 16, 2008 10:20 AM To: joeengelsdesign@comcast.net' Cc: Donald Carroll Subject: usr-1578 Hi Joe, I just wanted to follow up with an email after our phone discussion. Mr. Carroll and I visited the site last week and noticed the following items still needed to be complete before all the collateral could be released. Two additional parking spaces 9 trees and reseeding Irrigation for the landscaping Trash dumpster Fencing Lighting Sign Let me know when you are ready for us to conduct another site inspection. Planner II 4209 CR 24.5 Longmont, CO 80504 mmartin@co.weld.co.us PHONE: (720) 652-4210 x 8730 FAX: (720)652-4211 06/16/2008 Page 1 of 2 Michelle Martin From: Michelle Martin Sent: Friday, July 11, 2008 11:45 AM To: 'SHAWN SARCHET'; Joeenglesdesign@compcast.net Subject: RE: Ribbons 'n' Rainbows Request Letter Shawn, The Department of Planning Services in our staff meeting today made the determination based on your email below that a 6' foot private fence is not needed on the site because of the amount of landscaping shown on the plans. Please send me an updated map outlining this change. If you have any questions you can contact me at the below numbers. ficieut Planner II 4209 CR 24.5 Longmont, CO 80504 mmartin@co.weld.co.us PHONE: (720) 652-4210 x 8730 FAX: (720)652-4211 From: SHAWN SARCHET [mailto:rainbows@dishmail.net] Sent: Wednesday, July 02, 2008 10:59 AM To: Michelle Martin; Joeenglesdesign@compcast.net Subject: Ribbons 'n' Rainbows Request Letter Michelle, As requested, I am providing you this letter requesting a change to the USR submittal. As discussed earlier, concerns have come up in regard to the constructing of the 6 foot privacy fence. There are three primary concerns with the building of the fence, Maintenance, Function and Aesthetic implications in going with the proposed 6 foot privacy fence. With regards to Maintenance, with the high winds we experience here, we feel that we will be repairing the fence on a continual basis. We also feel that the fence will be a catch all for debris, weeds, etc. There will also be a continual need to stain and/or paint to maintain an acceptable appearance. Functionally, the fence makes no sense. It is not a requirement to keep the flow of people out of areas. The landscaping and walkpaths give the sense of circulation and control of areas. We also are concerned with the drifting of snow that the fence will create. Finally, Aesthetically the fence breaks up the sense of openness which is not the feel I want to create and maintain with this facility. I believe that since you have seen Ribbons 'n' Rainbows you will agree that the fence is not a good idea. Thank you for your time and attention. I can be reached by email and/or phone 970-785-6246. 07/11/2008 Weld County Planning Department GREELEY OFFICE MEMORANDUM RECEIVED 111 I TO: Michelle Martin, Planning Services DATE: 6/13/2008 CFROM: Donald Carroll, Engineering Administrator • COLORADO SUBJECT: USR-1578;Shawn Sarchet, Ribbons & Rainbows Release of Collateral On June 10, 2008, I visited the site to verify that the final shaping of the subgrade and placing of base was in place prior to paving drives and the parking area with asphalt. The pavement markings and wheel guards have been installed to my satisfaction. This should complete the transportation portion of the Exhibit A in the collateral section. The Weld County Public Works Department is not requesting to retain any additional collateral for the transportation portion, as the site will be privately maintained. All other non-transportation items associated with the Exhibit A portion should be verified by Planning Services prior to release. pc: USR- 1678 M:\PLANNING-DEVELOPMENT REVIEW\USR-Use by Special Review\USR-1578, Shawn Sarchet.DOC Weld County Planning Department GREELEY OFFICE - a MAY 3 0 zoos MEMORANDUM RECEIVED ITO: Michelle Martin, Planning Services DATE: 5/29/2008 CFROM: Donald Carroll, Engineering Administrator /Pt COLORADO SUBJECT: USR-1578, Ribbons 'n' Rainbows I have received a letter requesting release of collateral from Joseph P. Engels, Sr.. It was forwarded by the Planning Department. On May 27, 2008, I visited the site to verify that the concrete curb and gutter, water feature, and sidewalk were completed to my satisfaction. The Weld County Public Works recommends release of these items. All other non-transportation items should be verified by Planning Services prior to release. pc: USR- 1578 M:\PLANNING-DEVELOPMENT REVIEW\USR-Use by Special Review\USR-1578-B.DOC a ENGELS Design Associates July 15, 2008 SOUTH WELD COUNTY PLANNING AND ZONING Department of Planning services 4209 WCR 24 '/2 Longmont, Colorado 80504 Attn: Michelle Martin, Planner Project: "RIBBONS 'n' RAINBOWS" Conference Center Platteville, Colorado Subject: Letter of Credit Release of Funds Michelle: This letter is to request a release of funds held by Dennis Dougherty with Colorado East Bank and Trust. The required Parking Lot Paving, Trash Enclosure, Landscaping, Irrigation, Concrete Curb and Gutter, Water Features (Ponds), Project Sign, and Sidewalks are completed and ready for your final inspection. We are requesting that the $162,065.06 be released back to the owner at this time. These funds are needed to close out the project and your expeditious handling of this request would be greatly appreciated. On behalf of the owner, I would like to ask at this time that any required inspections be make to verify the completion of the aforementioned items, and process the needed documentation for Dennis Dougherty for the release of funds. Please let me know if you need anything further. mcerely, Joseph P. gels, r. JPE: ce cc: Shawn Sarchett, Owner Joseph P Engels 2521 West 4th Street Greeley Colorado 80631 (970)304 9818 43/4,Gboot SOOTHwEsI Mng D apa JUN <Dbv Genf ar 09 9 ENGELS �4°08 Design Associates VFb June 2, 2008 SOUTH WELD COUNTY PLANNING AND ZONING Department of Planning services 4209 WCR24 'h Longmont, Colorado 80504 Attn: Michelle Martin, Planner Project: "RIBBONS 'n' RAINBOWS" Conference Center Platteville, Colorado Subject: Letter of Credit Release of Funds Michelle: This letter is to request a release of funds held by Dennis Dougherty with Colorado East Bank and Trust. The required Landscaping, Concrete Curb and Gutter, Paving, Water Features (Ponds), and Sidewalks are completed and ready for your inspection. The only item yet to be completed is the asphalt paving. We are requesting that $162,065.06 be released back to the owner at this time. On behalf of the owner, I would like to ask at this time that any required inspections be make to verify the completion of the aforementioned items, and process the needed documentation for Dennis Dougherty for the release of funds. I hope this letter meets the guidelines for the release of funds. Please let me know if you need anything further. ) Joseph P. ngels, Sr. JPE: ce cc: Shawn Sarchett, Owner Joseph P Engels 2521 West 4th Street Greeley,Colorado 80631 (970)304-9818 Wine apaggralts :Veld el SOOT&fs naii1 D i a T B, eN�merit ENGELS pM 92008 Design Associates CE/Vc May 15, 2008 CD SOUTH WELD COUNTY PLANNING AND ZONING Department of Planning services 4209 WCR 24 '/2 Longmont, Colorado 80504 Attn: Michelle Martin, Planner Project: "RIBBONS 'n' RAINBOWS" Conference Center Platteville, Colorado Subject: Letter of Credit Partial Release of Funds Michelle: This letter is to request a partial release of funds held by Dennis Dougherty with Colorado East Bank and Trust. The required Landscaping, Concrete Curb and Gutter, Water Features(Ponds), and Sidewalks are completed and ready for your inspection. The only item yet to be completed is the asphalt paving. By expenses paid to date the balance left is $67,036.95 for the paving. Attached is the proposal from LAFARGE NORTH AMERICA,to verify this outstanding amount. By my calculations we are requesting that $95,028.11, ($162,065.06 less $67,036.95),be released back to the owner at this time. On behalf of the owner, I would like to ask you to schedule an inspection to verify the completion of the aforementioned items, and process the needed documentation for Dennis Dougherty for the partial release of funds. I hope this letter meets the requirement for partial release of funds. Please let me know if you need anything further. Sincerely, } Joseph P. els, Sr. JPE: ce cc: Shawn Sarchett, Owner Joseph P Engels 2521 West 4th Street Greeley,Colorado 80631 (970)304 9818 • Lafarge West, Inc. LAFARGE 925 N 35th Avenue NORTH AMERICA Greeley, Colorado 80631 Phone (970) 378-9716 AGGREGATES, CONCRETE Fax (970) 37&2248 & ASPHALT To: WINDMARK CONSTRUCTION Contact: STEWART Address: 30867 ROCKY ROAD Phone: 970-539-7940 GREELEY,CO 80631 USA Fax: Project Name: RIBBONS&RAINBOWS Project Number: Estimate Number: 6286026 Project Location: 14016 WCR 32, PLATTEVILLE, CO Bid Date: 1/25/2008 •PRICES ABOVE ARE GOOD THROUGH THE SPRING OF 2008 ONLY. ' WHILE EVERY ATTEMPT WILL BE MADE TO INSURE PROPER DRAINAGE,WE CANNOT GUARANTEE COMPLETE DRAINAGE IN THOSE AREAS WITH LESS THAN 2 PERCENT SLOPE.SMALL WATER PUDDLES MAY OCCUR. OVEREXCAVATION AND REPLACEMENT OF UNSUITABLE SUBGRADE TO BE PERFORMED ON A HOURLY TIME AND MATERIALS BASIS. COMPACTED,APPROVED AND STABLE SUBGRADE TO BE RECEIVED AT+ OR- ONE TENTH OF ONE FOOT OF FINISHED SUBGRADE ELEVATION,WITH DIRT TO BALANCE. NO MANHOLE OR VALVE ADJUSTMENTS. ANY PERMITS,STAKING OR TESTING WILL BE FURNISHED BY OWNER. FINAL BILLING WILL BE DETERMINED BY FIELD MEASUREMENT OF ACTUAL QUANTITIES UPON COMPLETION OF THE PROJECT. LAFARGE WILL NOT BE HELD RESPONSIBLE FOR ANY DAMAGE TO GRASS OR LANDSCAPED ARFAS. SPRINKLER SYSTEM MUST SHUT OFF 24 HRS IN ADVANCE OF OVERLAY TO ASSURE DRY PAVEMENT. PRICES DO NOT INCLUDE ANY PERMITS,STAKING,TESTING,TRAFFIC • CONTROL,STRIPING OR FINAL ADJUSTMENT OF STRUCTURES. PRICE INCLUDES ONE MOBILIZATION. WITH EACH ADDITIONAL$1,500.00 ACCEPTED: CONFIRMED: The above prices, specifications and conditions are satisfactory Lafarge North America,Inc.-Greeley and hereby accepted. Buyer: Keith Reichert Signature: Construction Manager Date of Acceptance: 1/23/2008 3:21:01 PM Page 2 of 3 • Lafarge West, Inc. LAFARGE 925 N. 35th Avenue NORTH AMERICA Greeley, Colorado 80631 Phone (970) 378-9716 AGGREGATES, CONCRETE Fax (970) 378-2248 ASPHAIT To: WINDMARK CONSTRUCTION Contact: STEWART Address: 30867 ROCKY ROAD Phone: 970-539-7940 GREELEY,CO 80631 USA Fax: Project Name: RIBBONS&RAINBOWS Project Number: Estimate Number: 6286026 Project Location: 14016 WCR 32, PLATTEVILLE,CO Bid Date: 1/25/2008 Item # Item Description Estimated Quantity Unit Unit Price Total Price 1 FINAL SHAPE SUBGRADE&PLACE BASE 4,039.00 SY $6.25 $25,243.75 Final Shape Subgradep&Place 4 Inches Base 2 PAVE DRIVES&PARKING 4,039.00 SY $9.65 $38,976.35 Place 2.5 Inches Of Asphalt 3 PAVEMENT MARKINGS 1.00 1$ $525.00 $525.00 Apply As Per Plan 4 PARKING BLOCKS 33.00 EACH $69.45 $2,291.85 As Per Requested Total Bid Price: $67,036.95 Notes: •The following Proposal, subject to terms and conditions, as noted,and on the attached page,if accepted, shall constitute a contract, between the parties to this Proposal. This Proposal shall be valid for a period of Thirty(30)days from the date of Proposal unless otherwise specifically stated in the Proposal. •This contract is expressly conditioned upon approval of Customer's credit by Lafarge's credit department,and Lafarge shall have no obligation to perform its obligations hereunder until such approval has been obtained. Project scheduling is subject to receipt of accepted Proposal. Please sign in spaces provided to indicate acceptance and return original. Note terms and conditions of sale as listed on Proposal document. • • 1/23/2008 3:21:01 PM Page 1 of 3 LAFARGE NORTH AMERICA("LAFARGE")AGREES TO FURNISH LABOR AND MATERIALS TO CUSTOMER AS SET FORTH ON THE ATTACHED PROPOSAL HEREOF,SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS: 1)RESPONSIBILITIES OF CUSTOMER AND LAFARGE: Customer shall reimburse Lafarge for all expenditures for any required permits or inspection fees assessed by any government entity and paid by Lafarge unless stated otherwise on the reverse hereof. Customer shall ensure that all manholes and other utility structures are on proper grade,in proper alignment,and are properly flagged.Lafarge shall not be liable for any damage to underground facilities caused by equipment used in the performance of this contract. 2)SUBBASE,AND/OR BASE COURSES: If the subbase and/or base course has not been placed by Lafarge,then Lafarge shall not be liable for any defects in the finished pavement developing as a result of any subbase,and/or base course failure. If, after being advised of existing inadequate or defective subbase and/or base course conditions,Customer directs Lafarge to proceed with the work without first correcting those conditions,then Lafarge shall not be liable for any subsequently occurring paving defects or failures. 3)PAYMENT: Lafarge will,from time to time, submit invoices to Customer for work performed and materials and equipment provided by Lafarge. Payment shall be due 30 days from the date of Lafarge's invoice. Interest at the rate of 18%per annum shall accrue on all invoice amounts not paid when due. In addition, Customer shall be liable for all costs and reasonable attorney's fees incurred by Lafarge in the collection of any unpaid balance. The Customer shall not withhold retention. 4)TAXES: The quotation on the reverse side hereof includes sales or use taxes as applicable on job related materials. 5)SCHEDULING OF WORK: Lafarge reserves the right to delay its work until, in its sole judgment,a sufficient area of the job is ready to be paved.If additional mobilizations are requested,they will be billed on a unit price basis.Customer recognizes that Lafarge's ability to perform paving work is dependent upon site,weather,and temperature conditions,and Customer agrees that any projected starting or completion date and any work schedule will remain subject to site,weather, and temperature conditions. Lafarge will use its best reasonable efforts to begin and complete all work promptly. However, Lafarge does not promise or warrant completion by any specific date. 6)ADDITIONAL WORK: Unless otherwise agreed to in this contract,quantity increases will be billed either on a unit price basis,or at time and material rates as agreed to by Lafarge and Customer,so long as the extra work can be performed while Lafarge is at work at the job site performing the original work. Otherwise unit prices for any additional extra work will be negotiated by the parties prior to commencement of such additional work. 7)TERMINATION: Lafarge shall have the right to terminate the contract and shall have no further obligation to perform the contract in the event of any one of the following occurrences: • Lafarge is put on allocation for liquid asphalt,fuel, or other petroleum products,or its performance is otherwise restricted by governmental order or regulation. • Customer fails to make payments when due. • Circumstances or events beyond Lafarge's control prevent completion of the work. • If Lafarge becomes aware of any hazardous substance in,on,or under the property, Lafarge has the right to discontinue work until the hazardous substance is removed or dealt with in accordance with applicable law. Hazardous substance shall be mean any substance defined as hazardous in any federal,state or other applicable law or regulation. Lafarge shall not be responsible for removing or otherwise dealing in any manner with any hazardous substance on the property being improved.The Owner of the property shall indemnify Lafarge and hold it harmless against any loss,damage,or expense that may be incurred by Lafarge which is caused by or attributable to the presence of any hazardous substance in,on or under the property. • If national or regional shortages of crude oil and/or other raw materials used for construction supplies occur,the parties agree that the contract price stated herein may be increased or decreased by the amount necessary to reflect increases or decreases after the date of this quotation. Lafarge shall give notice of any increase prior to commencing work,and Customer shall have the right to terminate this agreement within 24 hours after receipt of such notice of increase; provided,however,that the Owner or Customer shall pay Lafarge its actual expenses incurred through the date of such notice. • In the event Lafarge terminates the contract for any of the reasons set forth above, Lafarge shall provide Customer with an invoice for all work completed prior to termination,and Customer shall promptly pay the full amount of said invoice. • Under no circumstances shall Lafarge be liable for special, indirect or consequential damages incurred as a result of termination of work. 8)WARRANTY: Lafarge warrants that its labor and services will be performed and its materials supplied in a good and workmanlike manner. All materials supplied by Lafarge shall be of standard grade unless otherwise specified in writing. THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES,EXPRESS OR IMPLIED,INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY AND THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE,WHICH ARE HEREBY DISCLAIMED. THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION ON THE FACE HEREOF. Lafarge's warranty shall continue for a period of one year from the date of substantial completion of its work hereunder. Any claim for defective workmanship or material or for breach of this warranty must be made in writing,delivered via certified mail,return receipt requested,to Lafarge within 20 days from the date of delivery of the materials or performance of the work by Lafarge. Failure to comply with the preceding clause shall constitute a full,complete, and unconditional acceptance of materials and work. Lafarge's liability hereunder,whether in contract, tort, under any warranty, in negligence or otherwise, shall be limited to the reasonable cost of any labor and/or materials shown to Lafarge's satisfaction to have been defective. Under no circumstances shall Lafarge be liable for special, indirect or consequential damages. The parties agree that, if soil sterilizer is required to be applied under the terms of this contract,a licensed contractor other than Lafarge will perform such application. Lafarge shall assign to Customer the manufacturer's warranty, if any,given in connection with such soil sterilizer. Lafarge shall not be liable for any damage caused by such application of soil sterilizer. 9)ATTORNEY'S FEES AND COSTS: In the event that Lafarge either initiates or is named as a party in any legal action arising from or related to the furnishing of labor, services and/or materials to Customer, including any litigation to enforce a mechanic's lien, Customer shall be liable for all costs and reasonable attorney's fees incurred by Lafarge in such litigation. 10)INDEMNIFICATION: To the fullest extent permitted by law,Customer shall indemnify Lafarge and hold it harmless from and against claims, damages,losses and expenses arising out of or resulting from performance of Lafarge's work under this contract, provided that any such claim,damage, loss or expense is attributable to bodily injury,sickness,disease or death,or to injury to or destruction of tangible property(other than the work itself), but only to the extent caused by the negligent acts or omissions of Customer,Customer's subcontractors,anyone directly or indirectly employed by them or anyone for whose acts they may be liable. The parties acknowledge that this document contains the entire understanding and agreement concerning the work to be done by Lafarge. There are no agreements,oral or otherwise,which are not set forth herein. 1/23/2008 3:21:01 PM Page 3 of 3 Celt rad _ Chartered 1905 BANK & TRUST Professionally Driven. Community Minded. Lamar P.O.Box 1019 100 West Pearl Lamar,CO 81052 (719)336-5200 7-10-2008 Fax(719)336-5944 Granada Board of County Commissioners (719)734-5200 Attn: Clerk to the Board Fax(719)734-5546 PO Box 758 Greeley, CO 80632 Holly(719)537-6800 RE: Irrevocable Letter of Credit No. 76 Fax(719)537-6491 Dear Sirs: Springfield This letter is to inform you that upon October 4, 2008, this (719)523-6900 Letter of Credit for use by Special Review Permit #1578 with Fax(719)523-6743 Colorado East Bank& Trust will not be renewed. Upon receipt of this letter please return a copy of this letter La Junta stating the non-renewal of Letter of Credit No. 76 and the (719)384-2000 original Letter of Credit. Fax(719)384-8587 Yours truly, La Junta-WalMarts (719)384-2000 as C& Trust Fax(719)384-8794 ve Kinsman Vice President Keenesburg (303)732-0100 Fax(303)732-9284 LaSalle (970)284-0211 Fax(970) 284-0136 q97 e? - Qv, .11 2),2 o7`. ret/ ere gy % Co ,I Lamar C�I�rad PAU Coedseo�d' r d er P.O.Box 1019 '� C �1& 6,y 100 West Pearl 1e SYo Lamar,CO 81052 BANK & TRUST ri lel Professionally Driven. Community Minded. o e s (719)336-5200 he Fax(719)336-5944 '8oe re, IRREVOCABLE LETTER OF CREDIT NO. 76 Granada (719)734-5200 Fax(719)734-5546 October 31, 2007 Holly (719)537-6800 Fax(719)537-6491 Board of County Commissioners ATTN: Clerk to the Board P.O. Box 758 Springfield Greeley, CO 80632 (719)523-6900 Fax(719)523-6743 Re: Use by Special Review Permit#1578 • La Junta Dear Sirs: (719)384-2000 Fax(719)384-8587 We hereby open our Irrevocable Letter of Credit in your favor for the account of Shawn Sarchet, 14016 WCR 32, Platteville, CO 80651 for the sum not to exceed the aggregate of One Hundred Sixty-One Thousand Seven Hundred Sixty& Keenesburg 04/100. (303)732-0100 Fax(303)732-9284 Each draft so drawn must be marked "Drawn under COLORADO EAST BANK & TRUST, 207 1ST AVE., LASALLE, CO 80645, Letter of Credit No. 76 and be accompanied by a"signed statement from the Board of County Commissioners of LaSalleWeld County, Colorado stating the Applicant has committed a material breach of (970)284-0-0 211 Fax(970)284-0136 the Improvements Agreement According to Policy Regarding collateral for Improvements regarding U.S.R. #1578 dated the 4th day of October, 2007 by and between Shawn Sarchet and the Board of County Commissioners of the County of Dacono Weld." (303)833-9972 Fax(303)833-9973 This credit is subject, so far as applicable, to "The Uniform Customs and Practice for Documentary Credits, 1993 Revision, The International Chamber of Commerce Publication No. 500." Pueblo (719)584-2000 We hereby agree with you that all drafts drawn under and in compliance with the Fax(719)584-2652 terms of this credit will be duly honored and presented for payments to our main office, COLORADO EAST BANK& TRUST, 207 1ST AVE., LASALLE, CO 80645. This letter of credit will expire on October 4, 2008 at 5:00 P.M. Pueblo West (719)547-4488 Fax(719)647-1117 ' \ Chartered 1905 Lamar Celerad e l a ra d P.O.Box 1019 V 100 West Pearl Lamar,CO 81052 BANK & TRUST Professionally Driven. Community Minded. (719)336-5200 Fax(719)336-5944 This letter of credit is automatically extended without amendment, for additional Granada one year periods from the current expiration or any future expiration date unless (719)734-52 00 60 days prior to such current expiration date COLORADO EAST BANK & Fax(719)734-555 46 p TRUST notifies beneficiary in writing that the letter of credit will not be renewed. In the case you receive such notification, you may draw by presentation of the following: (a) a draft at sight on COLORADO EAST BANK &TRUST; (b) a Holly (719)537-6800 statement purportedly signed by an official of the Board of County Fax(719)537-6491 Commissioners of Weld County, Colorado stating that we have received notice from COLORADO EAST BANK&TRUST the Letter of Credit No. 76 will not be renewed and the Applicant has failed to provide proof of adequate collateral Springfield and substitution of the Letter of Credit No. 76; (c) copy of letter from (719)523-6900 COLORADO EAST BANK & TRUST stating non-renewal of Letter of Credit Fax(719)523-6743 No. 76 and the original letter of credit. Y rlrs trul , La JuntaI (719)384-2000 Fax(719)384-8587 Colorado E st & Trust Dennis Dou President Keenesburg (303)732-0100 Fax(303)732-9284 LaSalle (970)284-0211 Fax(970)284-0136 Dacono (303)833-9972 Fax(303)833-9973 Pueblo (719)584-2000 Fax(719)584-2652 Pueblo West (719)547-4488 Fax(719)647-1117 \ Chartered 1905 CLERK TO THE BOARD PHONE (970) 336-7215, Ext. 4225 FAX: (970) 352-0242 P. O. BOX 758 CGREELEY, COLORADO 80632 COLORADO August 27, 2008 SHAWN SARCHET 14016 COUNTY ROAD 32 PLATTEVILLE CO 80651 RE: Cancellation and release of Collateral for Shawn Sarchet Ms. Sarchet; On August 27, 2008, the Board of County Commissioners approved the cancellation and release of collateral for USR#1578, in the amount of $161,760.04, 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 Irrevocable Letter of Credit has been returned to Colorado East Bank and Trust. 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: Donna J. Be er Deputy Clerk to the Board cc: Jerry Johnson CLERK TO THE BOARD PHONE (970) 336-7215, Ext. 4225 ' FAX: (970) 352-0242 P. O. BOX 758 C. GREELEY, COLORADO 80632 COLORADO August 27, 2008 ATTN; DENNIS DOUGHERTTY/PRESIDENT COLORADO EAST BANK AND TRUST 207 1ST AVENUE LASALLE CO 80645 RE: Cancellation and release of Collateral - Shawn Sarchet Mr. Doughertty: Attached hereto please find the Board of County Commissioners Resolution releasing the collateral for Shawn Sarchet, and the original Irrevocable Letter of Credit issued by Colorado East Bank and Trust issuing collateral, in the amount of $161,760.04. 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: . A92lll� Fes/ onna J. Bept'ler, Deputy Clerk to the Board Hello