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HomeMy WebLinkAbout20082513.tiff RESOLUTION 027 RE: APPROVE CANCELLATION AND RELEASE OF COLLATERAL FOR SITE PLAN REVIEW, SPR#397 - ZEEK PARTNERSHIP, LLLP 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 May 26, 2006, the Department of Planning Services staff approved Site Plan Review, SPR#397, for Zeek Partnership, LLLP, 4068 Camelot Circle, Longmont, Colorado 80504, for cold/dry storage units on the following described real estate, to wit: Lots 5 and 6, Block 1, Rademacher Business Park; being part of the NW1/4 of Section 23, Township 3 North, Range 68 West of the 6th P.M., Weld County, Colorado, and WHEREAS, on August 21, 2006, 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 Zeek Partnership, LLLP, with terms and conditions being as stated in said agreement, and accepted Irrevocable Standby Letter of Credit No. 1269, drawn on Colorado Business Bank, 2025 Pearl Street, Boulder, Colorado 80302, in the amount of$196,817.50, and WHEREAS, a hearing was held on the 13th day of August, 2008, at which time the Board deemed it advisable to continue the matter to September 3, 2008, at the applicant's request, in order to allow time for the applicant to complete the remaining improvements on the site, and then again to September 17, 2008, and WHEREAS, at said hearing on September 17, 2008, staff from the Weld County Departments of Planning Services and Public Works indicated they conducted a visual inspection and recommend release of said collateral, conditional upon the submittal of 15 percent warranty collateral, in the amount of$27,799.50. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Irrevocable Standby Letter of Credit No. 1269, drawn on Colorado Business Bank, in the amount of$196,817.50 be, and hereby is, canceled and released. IIIIII (IIII IIIIII VIII IIII IIIIII HEM VIII IIII IIII 3583027 10/08/2008 03:31P Weld County, CO 2008-2513 1 of 2 R 0.00 0 0.00 Steve Moreno Clerk& Recorder PL1851 Cie Pc_ f&-) 71PPL-- 70 i�l v8 CANCEL COLLATERAL - ZEEK PARTNERSHIP, LLLP 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 upon receipt, and acceptance by the Board of Commissioners,of replacement collateral, in the amount of$27,799.50, to be held for a one-year warranty period. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 17th day of September, A.D., 2008. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: .-m H. Jerke, Chair Weld County Clerk to the B.)a� � .,-Q)- A, n BY:?tSthe 1 A„ (e• . �, 1 ►>.bert D: M ro-Tem De�,{[�{ty C Board �( G� 7 V Will F. Garcia APPRPV AS TO F David E. Long n orney Dougla R ema her Date of signature: llat1'0% 1111111 BID III 111111111 1111111111c101 III IIIII lilt IIII 3583027 2008-2513 2 of 2 R 0.00 D 0.00 Steve Moreno Clerk& Recorder PL1851 Atsto, MEMORANDUM W IWine TO: Board of County Commissioners September 16, 2008 COLORADO FROM: Jacqueline Hatch-Drouillard SUBJECT: Site Plan Review 397, Zeek Partnership The applicant for SPR-397, Zeek Partnership care of Ted Drysdale 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 SPR-397 was administratively approved by the Department of Planning Services on May 26, 2006. The collateral was approved by the Board of County Commissioners on August 21, 2006 in the amount of one hundred and eighty four thousand eight hundred and eight dollars ($196,817.50). The Department of Public Works and Planning Services have inspected the site recommends that 15% of the collateral be held for the one year warranty period excluding the sewer and water improvements in the amount of eleven thousand four hundred and eighty seven dollars and fifty cents ($11,487.50). 15% of the remaining collateral is twenty seven thousand seven hundred and ninety nine dollars and fifty cents ($27,799.50). Prior to the release of collateral staff is recommending that a new form of collateral in the amount of$27,799.50 be submitted. Esther Gesick From: Jacqueline Hatch Sent: Tuesday, September 16, 2008 12:19 PM To: Esther Gesick Subject: FW: SPR-397 Corrected. Attachments: spr397collatera1.15percenthold.doc spr397collatera1.15 percenthold... This is for tomorrow's release of collateral for SPR-397. (The email below and the attached memo) Original Message From: Don Dunker Sent: Tuesday, September 16, 2008 12:16 PM To: Jacqueline Hatch Cc: David Bauer; Don Dunker Subject: SPR-397 Corrected. Jacqueline, Public Works has inspected the SPR-397 site and all items are complete. Please release the collateral in the amount of $196,817.50 and retain 15% in the amount of $27,799.50. An explanation and itemized calculations are below: Public Works will require that 15% of the $196,817.50 minus the fully accepted for maintenance by utility companies portion (11,487.50) for a total of $185,330.00 for the 1- year warrant period. This is due to the association with lot 5 and lot 6 improvements and there close proximity to CR-32. The total collateral to be retained will be $27, 799.50 for the 1-year warranty period to begin once the new form of collateral is accepted by the Board of County Commissioners. $196, 817.50 - $11,487.50 = $185,330.00 and 15% of the $185, 330.00 is $27, 799.50. Let me know if you have any questions. Thanks, Don Dunker, P.E. Weld County Public Works 1 Ativo. MEMORANDUM Iw`g C TO: Board of County Commissioners September 2, 2008 COLORADO FROM: Jacqueline Hatch-Drouillard SUBJECT: Site Plan Review 397, Zeek Partnership The applicant for SPR-397, Zeek Partnership care of Ted Drysdale have submitted the attached e-mail dated August 18, 2008. The applicant is requesting that the release of collateral be continued to allow adequate time for them to complete the remaining items. The Departments of Planning Services and Public Works support this request and after discussions with the applicant would like to continue the release of collateral to September 17, 2008. 2008-2513 Jacqueline Hatch From: Ted Drysdale[ted@alfaconstruction.net] Sent: Monday,August 18, 2008 10:23 AM To: Don Dunker Cc: Jacqueline Hatch;gait.anderson@alfaconstruction.net; Kevin Schulz; David Bauer Subject: SPR 397 lot 5&B block 1 of 1-25 Buisness park Don After reviewing the situation with the owner Ken Willianson we would like to have a detailed list of the items you feel are not complete. In light of this we would request that you reschedule the hearing on September 3rd to a later date to allow for the resolution to all matters concerning the release of collateral. I will be unable to meet with you on the 19th but I am available anytime the following week. Ted Drysdale Zeek Partnership LLLP 1 • /,(larl MEMORANDUM Iua TO: Board of County Commissioners August 6, 2008 COLORADO FROM: Jacqueline Hatch-Drouillard SUBJECT: Site Plan Review 397, Zeek Partnership The applicant for SPR-397, Zeek Partnership care of Ted Drysdale has submitted the attached e-mail dated July 10, 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 SPR-397 was administratively approved by the Department of Planning Services on May 26, 2006. The collateral was approved by the Board of County Commissioners on August 21, 2006 in the amount of one hundred and eighty four thousand eight hundred and eight dollars ($184,808.00). The Department of Public Works and Planning Services have inspected the site and has nine items that have not been completed at this time and recommends that 15% of the collateral be held until the completion of these items as outlined in the email dated July 21, 2008. 15% of the collateral is twenty nine thousand five hundred and twenty two dollars and sixty three cents ($29,522.63). Prior to the release of collateral staff is recommending that a new Private Improvements Agreement and a new form of collateral in the amount of $29,522.63 be submitted and approved. The items that have not been completed are the following: 1. Landscaping along the north east side of the last building and along the north and west property lines is not in place. 2. The riprap around the flared end section (FES) of line A shall have riprap around both sides of FES. 3. The lot 5 pond does not appear to have the berm parallel with CR-32 built per the engineer drawings the berm elevation is lower than the emergency spillway elevation and the top of the outlet box, please correct. The oil and gas operations also have lowered the berm as they cross over the berm to maintain their facility. 4. Both emergency spillways require a concrete weir wall be installed the weir wall was not installed see engineering drawing sheet 5 of 10. 5. The riprap rundowns that end into pond 6 were not terminated per the engineer drawing see sheet 4 of 10 reference the profile view. The riprap, geo-fabric and 2008-2388 bedding are required to be below the surface of the pond not on top or the pond bottom. 6. The grate on the outlet boxes are not bolted down as require per engineer drawing sheet 7 of 10. 7. The water quality orifice plate is to be 3/8" thick and bolted to the outlet box per engineering drawing sheet 5 of 10. 8. Swale G-G is not installed on lot 5 see engineering drawing sheet 3 of 10. If no swale is required by new engineering stamped report evidence that no access between the storage units and the oil and gas facility shall be provided. The oil and gas facility operators are the only persons allowed to utilize the access onto County Road 32 per approved USR-1557. 9. Both ponds are not vegetated and require vegetation. Jacqueline Hatch From: Ted Drysdale [ted@alfaconstruction.net] Sent: Thursday, July 10, 2008 1:46 PM To: Jacqueline Hatch Cc: gail.anderson@alfaconstruction.net; Kevin Schulz Subject: SPR 397 Jacqueline we are requesting the release of 100% of the collateral on SPR 397 Lots 5and6 block 1 of the I-25 business park all landscape, drainage and seeding have been completed. Ted Drysdale Zeek Partnership LLLP 1 Jacqueline Hatch From: Don Dunker Sent: Monday, July 21, 2008 10:55 AM To: Jacqueline Hatch Cc: Don Dunker; David Bauer; David Snyder; Donald Carroll; Clayton D. Kimmi Subject: SPR-397 Jacqueline, I inspected the SPR-397 lot 5 and lot 6 of Rademacher Business Park on Friday July 18, 2008. The following items need to be corrected; 1) The riprap around the flared end section (FES) of line A shall have riprap around both sides of FES. 2) The lot 5 pond does not appear to have the berm parallel with CR-32 built per the engineer drawings the berm elevation is lower than the emergency spillway elevation and the top of the outlet box, please correct. The oil and gas operations also have lowered the berm as they cross over the berm to maintain their facility. 3) Both emergency spillways require a concrete weir wall be installed the weir wall was not installed see engineering drawing sheet 5 of 10. 3) The riprap rundowns that end into pond 6 were not terminated per the engineer drawing see sheet 4 of 10 reference the profile view. The riprap, geo-fabric and bedding are required to be below the surface of the pond not on top or the pond bottom. 4) The grate on the outlet boxes are not bolted down as require per engineer drawing sheet 7 of 10. 5) The water quality orifice plate is to be 3/8" thick and bolted to the outlet box per engineering drawing sheet 5 of 10. 6) Swale G-G is not installed on lot 5 see engineering drawing sheet 3 of 10. 6) Both ponds are not vegetated and require vegetation. Public Works will require that 15% of the $196,817.50 currently being held be retained for collateral for the 1-year warrant period. The total collateral to be retained will be $29,522 .63 for the 1-year warranty period. The above items will be required to be corrected before the 1-year warranty period collateral will be released. Thanks, Don Dunker, P.E. Weld County Public Works 1111 H Street Greeley, CO 80631 phone: 970.304 .6496 ext. 3749 fax: 970 .304.6497 ddunker@co.weld.co.us 1 Jacqueline Hatch From: Jacqueline Hatch Sent: Tuesday, July 15, 2008 10:26 AM To: Ted Drysdale Subject: Landscaping items Ted, After reviewing the site for SPR-397 the following items need to be addressed from the Planning side (Public Works has not done their site inspection yet) . 1. the landscaping along the north east wall of the back building (on lot 6) needs to be installed including the tree on lot 6 just north of the west rip rap. 2. the rip rap running east west in the middle of Lot 5 needs to be installed. 3 . the landscaping along the west and north side of the property needs to be installed - by the oil and gas. 4 . any dead landscaping needs to be replaced. 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