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Home My WebLink About20082923.tiff 062 RESOLUTION RE: APPROVE PARTIAL CANCELLATION AND RELEASE OF COLLATERAL FOR USE BY REVIEW#1575 - MARILYN TAYLOR/ EAGLE'S NEST AVIATOR HOMES, 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 January 31, 2007, the Board approved the application of Use by Special Review#1575, for Marilyn Taylor, 7507 County Road 39, Fort Lupton, Colorado 80621, for a use similar to the uses listed as Use by Special Review (assisted living residence) as long as the use complies with the general intent of the A(Agricultural)Zone District, on the following described real estate, to wit: Lot B of Recorded Exemption #4053: being part of the NW1/4 of Section 32, Township 2 North, Range 65 West of the 6th P.M.,Weld County, Colorado,and WHEREAS, on July 2, 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 Marilyn Taylor/ Eagle's Nest Aviator Homes, Inc., with terms and conditions being as stated in said agreement, and accepted Irrevocable Letter of Credit No. 14-07-06 from Valley Bank and Trust, 30 North 4th Avenue, Brighton, Colorado 80601, in the amount of$109,593.00, and WHEREAS, staff from the Weld County Departments of Planning Services and Public Works have conducted a visual inspection and recommend partial release of said collateral, in the amount of $104,718.00, and retaining fifteen (15) percent, $4,875.00, for a one-year warranty period, and WHEREAS, Marilyn Taylor/ Eagle's Nest Aviator Homes, Inc., has presented the Board with replacement collateral in the form of check #1124, in the amount of $4,875.00, thereupon reducing the amount of credit available for draw by Weld County to $4,875.00. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado,that Irrevocable Letter of Credit No. 14-07-06, in the amount of$109,593.00 be, and hereby is, canceled and released, and the replacement collateral in the form of check#1124, in the amount of$4,875.00, be accepted. I IM MO Mill IIIIII VIII III IIIIIII III VIII III) II 2008-2923 3593062 12/04/2008 12:35P Weld County, CO PL1869 1 of 2 R 0.00 D 0.00 Steve Moreno Clerk& Recorder / CANCEL COLLATERAL - MARILYN TAYLOR/ EAGLE'S NEST AVIATOR HOMES, INC. PAGE 2 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. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 3rd day of November, A.D., 2008. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Lai � ,, ATTEST: � i- .IFc ' isei , IIliamH Jerke, Chair Weld County Clerk to th:i=o.r� ttt7 Robert -Tem Deputy Cle Ito the Board ' ' 'am F. Garcia APPROVED AS`TO David E. Long ounty Attorney v Douglas/ ademac r Date of signature: 4L 11111111111111111111111111111III11111111111111111 IIII 3593062 12/04/2008 12:35P Weld County, CO 2 of 2 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 2008-2923 PL1869 fates MEMORANDUM Wi`,Pe TO: Board of County Commissioners October 29, 2008 COLORADO FROM: Jacqueline Hatch-Drouillard SUBJECT: USR-1575, Eagles Nest Aviator Home The applicant for USR-1575, Marilyn Taylor has submitted the attached letter dated October 17, 2008. The applicant is requesting a full release of collateral. The Departments of Planning Services and Public Works have conducted a site visit for compliance and finds that the site is in compliance with the recorded plat. The USR-1575 was approved by the Board of County Commissioners on January 31, 2007. The collateral was approved by the Board of County Commissioners on July 2, 2007 in the amount of one hundred and nine thousand five hundred and ninety three dollars ($109,593.00) for the site. Letters from the Gas, Electric, and Telephone entities have submitted the attached emails stating that the facilities are installed and are in full compliance with the Utility Company. The well and septic on site have also been installed and finalized. The Department of Public Works and Planning Services are recommending 100% release of these collateral items. The remaining items include the street base, parking lot, retention pond, trash receptacle, and road culvert in the sum of$32,500. The Department of Public Works and Planning Services have inspected the site recommends that 15% of the remaining collateral items be held for the one year warranty period in the amount of four thousand eight hundred and seventy five dollars ($4,875.00). 15% of $32,500 is $4,875.00. On October 29, 2008 the applicant submitted a check for the 15% one year warranty. Staff recommends the release of the collateral in the amount of one hundred and nine thousand five hundred and ninety three dollars ($109,593.00) and that the four thousand eight hundred and seventy five dollars ($4,875.00)for the 15% one year warranty period be accepted. 2008-2923 Page 1 of 1 Jacqueline Hatch From: MTPVA1@aol.com Sent: Friday, October 17, 2008 10:04 AM To: Jacqueline Hatch Subject: Eagles Nest Hi, Jacqueline... All of the items on the Improvements Agreement for Eagles Nest have been completed. I would like to request an inspection from Public Works as soon as possible so that the letter of credit currently being held by Weld County can be released. Also, once the inspection is complete, how long does it take for the letter to be released? The bank needs the release to pay the final construction draw. Thanks! Marilyn New MapQuest Local shows what's happening at your destination. Dining, Movies, Events, News & more. Try it out! 10/29/2008 MEMORANDUM TO: Jacqueline Hatch, Planning Services DATE: October 27, 2008 FROM: Don Dunker, P.E., Public Works SUBJECT: Collateral release for USR-1575, Marilyn Taylor and Eagle's Nest Aviators Homes, Inc The Weld County Public Works Department has reviewed this proposal. Our comments and requirements are as follows: REQUIREMENTS: Total collateral being held is $109,593. A letter from the Gas, Electric, and Telephone will be required stating that the facilities are installed and will be maintained by the Utility Company. If received collateral will not be held for these items. 100 % of the collateral for the well, septic can be released. The remaining items include the street base, parking lot, retention pond, trash receptacle, and road culvert in the sum of$32,500. 15% of$32,500 is $4,875.00. Public Works agrees with the amount of $4,875.00 to be held for the one-year warranty with details as described above. pc: USR-1575 file pc: Jacqueline Hatch.Planning Services pc: Applicant Marilyn Taylor—Eagle's Nest Aviator Homes, Inc.- 7507 WCR 39—Fort Lupton,CO 80621 M:\PLANNING-DEVELOPMENT REVIEIMUSR-Use by Special Review\USR-1575 Eagles Nest Aviators-Marilyn Taylor\USR-1575-collateal release letter-ddd.DOC Page 1 of 1 Jacqueline Hatch From: Adams, Jerry D [Jerry.Adams@AtmosEnergy.com] Sent: Wednesday, October 29, 2008 1:22 PM To: Jacqueline Hatch Subject: Eagle's Nest Subdivision Jacqueline -- FYI, Atmos Energy has completed it's installation, purge, and pack of the natural gas mains and services within the Eagle's Nest subdivision in unincorporated Fort Lupton, Colorado. Atmos is currently utilizing these facilities to serve residences within the subdivision, per normal course of operations. Please contact me if you have any comments, questions or concerns. Jerry Adams Atmos Energy Corporation P 970-304-2075 F 970-304-2085 10/29/2008 Page 1 of 1 Jacqueline Hatch From: Rich Gonzales [rgonzales@unitedpower.com] Sent: Tuesday, October 28, 2008 1:23 PM To: Jacqueline Hatch Cc: Bill Meier Subject: Eagles Nest Assisted Living Dear Ms. Hatch, United Power completed the installation of the electric service to the Eagles Nest Assisted Living project at 69945 wcr 39. The project is complete, in good working condition and paid for in full. Thank You, Rich Gonzales District Representative United Power, Inc. (303)637-1279 rgonzales@unitedpower.com 10/28/2008 Jacqueline Hatch From: Sinele, Dan [Dan.Sinele@gwest.com] Sent: Tuesday, October 28, 2008 7:07 AM To: Jacqueline Hatch Subject: qwest communications JACKIE, THE TELECOMMUNICATIONS SERVICE HAS BEEN INSTALLED AND IS IN GOOD WORKING ORDER AT THE HUDSON AIRPORT OWND BY MARILYN TAYLOR NEAR HUDSON COLO. SINCERELY, DAN SINELE FIELD ENGINEER QWEST COMMUNICATIONS This communication is the property of Qwest and may contain confidential or privileged information. Unauthorized use of this communication is strictly prohibited and may be unlawful. If you have received this communication in error, please immediately notify the sender by reply e-mail and destroy all copies of the communication and any attachments. 1 Page 1 of 1 Jacqueline Hatch From: Jacqueline Hatch Sent: Monday, October 27, 2008 2:54 PM To: 'MTPVA1@aol.com' Cc: Don Dunker Subject: RE: Eagles Nest Thanks for keeping me in the loop. I will also need photos that the handicap signs are up and that the dumpster enclosure is fully screened. We will also need a new form of collateral to be submitted for the one year warranty collateral. Public Works and Planning have reviewed your itemized collateral list and have determined that if you can obtain sign off from the telephone company, Atmos Energy, and United Power stating that there items are installed correctly and they sign off on it we won't need to hold the 15% on those items. Don Dunker and I have sat down and figured out that the 15% would be in the amount of$4,875.00 (with the understanding that we have received sign off from the utility companies) After I have received a new form of collateral in that amount$4,875.00 and photos that the signs and screening are in I will be able to send over the request to the Board of County Commissioners. The Board of County Commissioners hearing typically takes about a week or two. Please let me know if you have any questions Thanks Jacqueline From: MTPVAl@aol.com [mailto:MTPVAl@aol.com] Sent: Sunday, October 26, 2008 5:37 PM To: Jacqueline Hatch Subject: Eagles Nest Hi Jacqueline... I sent the pictures of there detention pond fix to Don D. today...so that the Improvements Agreements Agreement and letter of credit can be released. Is there any way that you can squeeze us on the agenda for the Tuesday Commissioners Meeting? I appreciate anything you can do. Thanks, Marilyn Play online games for FREE at Games.com! All of your favorites, no registration required and great graphics— check it out! 10/27/2008 - _- t, - a r 1124 I3I;I EAGLE'S NEST AVIATOR HOMES INC. ersaahmo ,� 7507 WCR 39 303-536-0380 i Ff. LUPTON, CO 80621 �. } J /, , e_s DATE `�`�` 0` 7 20051 fI TO THE PAY (mot./�.(C.� CO $ 7,�!7S a ORDER OF / ,^ / �- {,� -�� .,,/ O oce& ` bIOLC SG7etd( £, X 1 ( unoci�-�I�aet O( S Oia,t? f:.C a.1DOLLAR7 t VallerBank 5, a6 '°�"" Z ww..xb.cowi000 eaos7 c� rtest 1104"4,-7°-6I-aoazi22265 ww voleybonkandiTue.com FOR 000 L L 240 I: 10700544 Si: L40 10 10300 y. ss . F . e o ea Pe ra Oe aers 6� 0-e .4/0 ��'o 1 ar • CI �d°r •f• Svc' 0 C°G the ar Bo IRREVOCABLE LETTER OF CREDIT NO. 14-07-06 aa June 21,2007 Board of Weld County Commissioners Attn: Clerk to the Board PO Box 758 Greeley,CO 80632 RE: Eagles Nest Aviator Homes, Inc. Marilyn M.Taylor To Whom It May Concern: We hereby open our Irrevocable Letter of Credit in your favor for the account of Eagles Nest Aviator Homes,Inc.and Marilyn M.Taylor,7507 WCR 39, Ft. Lupton,CO 80621,for a sum not to exceed the aggregate of One Hundred Nine Thousand Five Hundred Ninety-three and 00/100 Dollars($109,593.00). Each draft so drawn must be marked"Drawn under VALLEY BANK&TRUST,30 N.4'h Ave.,Brighton,CO 80601, Letter of Credit No. 14-07-06"and be accompanied by a signed statement from the Board of County Commissioners of Weld County,Colorado stating that"Eagles Nest Aviator Homes,Inc. and Marilyn M.Taylor has committed a material breach of the Improvements Agreement According to Policy Regarding Collateral for Improvements dated the 21"day of June,2007 by and between Marilyn Taylor and Eagles Nest Aviator Homes, Inc.and the Board of County Commissioners of the County of Weld". This credit is subject,so far as applicable to the"The Uniform Customs and Practice for Documentary Credits, 1993 Revision,The International Chamber of Commerce Publication No.500". We hereby agree with you that all drafts drawn under and in compliance with the terms of this credit will be duly honored and presented for payment to our main office,VALLEY BANK&TRUST,30 N.41h Ave.,Brighton,CO 80601. This letter of credit will expire on March 18,2008 at 5:00 P.M. This letter of credit is automatically extended without amendment,for additional nine month period from the current expiration or any future expiration date unless 60 days prior to such current expiration date VALLEY BANK&TRUST notifies beneficiary in writing that the letter of credit will not he renewed. In the case you receive such a notification,you may draw by presentation of the following: (a)a draft at sight on VALLEY BANK&TRUST;(b)a statement purportedly signed by an official of the Board of County Commissioners of Weld County,Colorado stating that we have received notice from VALLEY BANK&T ST the Letter of Credit No. 14-07-06 will not be renewed and that Eagles Nest Aviator Homes, Inc.and Marilyn M aylor h s failed to provide proof of adequate collateral and substitution of the Letter of Credit No. 14-07-06; (c)copy of tter from ALLEY BANK&TRUST stating non-renewal of Letter of Credit No. 14-07-06 and the original letter of cred• . ours uly, George Whi nhunt Branch Pre dent • a riet CLERK TO THE BOARD PHONE (970) 336-7215, Ext. 4225 FAX: (970) 352-0242 CP. O. BOX 758 GREELEY, COLORADO 80632 COLORADO November 3, 2008 ATTN: GEORGE WHISENHUNT VALLEY BANK AND TRUST 30 NORTH 4TH AVENUE BRIGHTON CO 80601 RE: Cancellation and release of Collateral - Marilyn Taylor/ Eagle's Nest Aviator Homes, Inc. Ms. Whisenhunt: Attached hereto please find the Board of County Commissioners Resolution releasing the collateral for Marilyn Taylor/ Eagle's Nest Aviator Homes, Inc., and the original Irrevocable Letter of Credit issued by Valley Bank and Trust issuing collateral, in the amount of $109,593.00. 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 Donna J. Be'hler,' Deputy Clerk to the Board CLERK TO THE BOARD PHONE (970) 336-7215, Ext. 4225 FAX: (970) 352-0242 P. O. BOX 758 C. GREELEY, COLORADO 80632 COLORADO November 3, 2008 ATTN; MARILYN TAYLOR EAGLE'S NEST AVIATOR HOMES, INC. 7507 COUNTY ROAD 39 FORT LUPTON, COLORADO 80621 RE: Partial Cancellation and release of Collateral for Marilyn Taylor / Eagle's Nest Aviator Homes, Inc. Ms. Taylor: On November 3, 2008, the Board of County Commissioners approved the partial cancellation and release of collateral for USR #1575, in the amount of $104,718.00, releasing the Letter of Credit for$109,593.00 and accepting Cash replacement collateral for$4,875.00, 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 Letter of Credit for $109,593.00 has been returned to Valley 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/Id 11/t ; dirif>ft Donna J. B hler Deputy Clerk to the Board Hello