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Home My WebLink About20081652.tiff 738 RESOLUTION RE: APPROVE CANCELLATION AND RELEASE OF COLLATERAL FOR SITE PLAN REVIEW#402 -WPD, LLC, C/O THE CARROLL GROUP, LTD. 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 4, 2006, the Department of Planning Services approved the application of WPD, LLC, c/o The Carroll Group, Ltd., P.O. Box 886, Brighton, Colorado 80601, for a C-3 Business Commercial Use (sale and service of oil field equipment) on the following described real estate, to wit: Part of the S1/2 of Section 31, Township 1 North, Range 66 West of the 6th P.M., Weld County, Colorado, and WHEREAS, on March 24, 2008, 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 WPD, LLC, c/o The Carroll Group, Ltd.,with terms and conditions being as stated in said agreement,and accepted Irrevocable Letter of Credit NZS904268, drawn on the Wells Fargo Bank, N.A., Trade Services Division, Northern California, One Front Street, 21st Floor, San Francisco, California 94111, in the amount of$39,821.00, 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 NZS904268, drawn on the Wells Fargo Bank, N.A., Trade Services Division, Northern California, One Front Street, 21st Floor, San Francisco, California 94111, in the amount of$39,821.00 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. 1111111111111111111111111111111111111111111111111111111 2008-1652 3561738 06/19/2008 12:52P Weld County, CO PL1962 1 of 2 R 0.00 D 0.00 Steve Moreno Clerk & Recorder nn CANCEL COLLATERAL - WPD, LLC, C/O THE CARROLL GROUP, LTD. PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 9th day of June, A.D., 2008. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: 14 /, i1,,,•,�..• � J l William H. Jerke, Chair Weld County Clerk to th o • F ` , I • tEXCUSED Robert D. Masden, Pro-Tem BY: / ✓, /. i .�.►s Deputy Clerk o the Board t William F arcia ` AP• ' • % AS • FORM: W / CcX David E. Long (' orney C ` : Douglas ademacher Date of signature: 44/ad) 1111111 11111 111111111 III 111111111111 HMI IIII IIII 2008-1652 PL1962 3561738 06/19/2008 12:52P Weld County, CO 2 of 2 R 0.00 D 0.00 Steve Moreno Clerk& Recorder MEMORANDUM W IWine TO: Board of County Commissioners COLORADO DATE: June 2, 2008 FROM: Michelle Martin SUBJECT: SPR-402 The Department of Planning Services received a letter from the applicant dated 5/15/07 indicating the improvements have been done on the site. On 5/22/08 the Weld County Department of Public Works and the Planning Department conducted a site inspection and indicate 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 thirty nine thousand eight hundred twenty one dollars ($39,821.00) for the on-site improvements. 2008-1652 • , u cn 7 May 15, 2008 m, o,a co X " Ms. Michelle Martin, Planner II 03N Weld County Planning o> 4209 CR 24.5 zo Longmont, CO 80504 xL 4Th o r o RE: SPR-402 Request for Site Inspection and Final Approval nmm Dear Ms. Martin: I have been in discussion with Don Kutz of Kutz Construction, he stated that he contacted you to schedule a final inspection. It is my understanding that a formal request for final site approval is required. As acting agent for WPD, LLC, I am requesting that the necessary inspections be scheduled. I have been at the site and the site improvements have been completed. The only item of note is the location of the 2-accessible parking spaces have been located in the south parking area, rather than the eastern location shown on the approved drawings. This is to keep travel distance to a minimum for the ADA ramp entrance on the relocated office building. Please contact myself and Don Kutz as to the scheduled time for the inspections, (Don's contact info below.) One or both of us would like to be onsite to answer any questions that may arise as inspections take place. It is our intent to finalize this process as quickly as possible to allow the tenant, Leed Fabrication to continue z their work process without further delay. Thank-you for your prompt attention in g" scheduling this final task. My best to you, F J F Larry Carroll, Jr. The Carroll Group, Ltd. z, L 0 u D Kutz Construction Don Kutz 720.218.1666 cell W V don_I<Litz@comcast.net Page 1 of 1 Michelle Martin From: David Snyder Sent: Monday, June 02, 2008 10:36 AM To: Michelle Martin Subject: SPR 402 Public Works is in acceptance of the improvements on site as they relate to the proposed SPR. Everything appears adequate as it relates to the submitted plans. If you have any questions, feel free to call or email. David Snyder, E.I. Engineer Weld County Public Works Department P. O. Box 758 Greeley, CO 80632 (970)304-6496, Extenstion 3745 dsnyder@co.weld.co.us 0 06/02/2008 1O$ WhLLS FARGO ;ytea met �oata WELLS FARGO BANK,N.A. TRADE SERVICES DIVISION,NORTHERN CALIFORNIA tCA ti55 c:C a ONE FRONT STREET,21sT FLOOR et Go'� . .. to SAN FRANCISCO,CALIFORNIA 94111 $C,9 et\E Contact Phone: 1(800)798-2815 (Option 1) o 1 c, Email:sftrade@wellsfarao.com e t G° ace r -?9' 9e4 IRREVOCABLE LETTER OF CREDIT tiy b'°°BENEFICIARY: a`'e Board of County Commissioners Letter of Credit No.: NZS904268 ¢eti Attn: Clerk to the Board Date: March 13, 2008 915 Tenth Street Greeley, CO 80632 At the request and for the account of WPD, LLC, we hereby establish our irrevocable Letter of Credit in your favor in the amount of Thirty Nine Thousand Eight Hundred Twenty One and 00/100 United States Dollars (US $39,821.00). This Letter of Credit is available with us at our above office by payment of your draft(s) drawn on us at sight accompanied by your signed and dated statement worded as follows: "The undersigned, an authorized representative of Board of County Commissioners of Weld County, Colorado hereby certifies that WPD, LLC has committed a material breach of the Improvements Agreement According to Policy Regarding collateral for Improvements by and between the Board of County Commissioners of Weld County and WPD, LLC. The amount of the accompanying draft drawn under Wells Fargo Bank, N.A. Letter of Credit number NZ5904268 represents the amount the Beneficiary is entitled to draw on the Letter of Credit as a result of the occurrence of such Event of Default." Each draft must also be accompanied by the original of this Letter of Credit for our endorsement on this Letter of Credit of our payment of such draft. Partial and multiple drawings are permitted under this Letter of Credit. Each draft must be marked "DRAWN UNDER WELLS FARGO BANK, N. A. LETTER OF CREDIT NO. NZS904268." This Letter of Credit expires on March 13, 2009, but will be automatically extended without amendment for successive one year periods from the current expiration date and any future expiration dates unless at least at least sixty (60) days prior to expiration date we notify you at your address above by registered letter or express courier that we elect not to renew for such additional one year periods. Upon our sending you such notice of the non-extension of the expiration date of this Letter of Credit, you may also draw under this Letter of Credit by presentation to us at our above address, on or before the expiration date specified in such notice, of your draft drawn on us at sight. "The undersigned an authorized representative of Board of County Commissioners of Weld County hereby certifies that Board of County Commissioners of Weld County has received written notification from Wells Fargo Bank, N.A. that the Letter of Credit will not be extended past its current expiration date. The undersigned further certifies that as of the date of this statement, Board of County Commissioners of Weld County has 1 cileeg s not received a letter of credit or other instrument acceptable to Board of County Commissioners of Weld County LC as a replacement to the Letter of Credit." If any instructions accompanying a drawing under this Letter of Credit request that payment is to be made by transfer to an account with us or at another bank, we and/or such other bank may rely on an account number specified in such instructions even if the number identifies a person or entity different from the intended payee. We hereby engage with you that each draft drawn and presented to us in compliance with the terms and provisions of this Letter of Credit will be duly honored by payment to you of the amount requested. This Letter of Credit is subject to the Uniform Customs and Practice For Documentary Credits (2007 Revision), International Chamber of Commerce Publication No. 600, and engages us in accordance with the terms thereof. Very truly you , WELLS F RGO ANK, N. A. By: (Authorized Signature) MIKE LIN ASSISTANT VICE PRESIDENT 2 • 0 CLERK TO THE BOARD I PHONE (970)336-7215, Ext. 4225 FAX: (970) 352-0242 CP. O. BOX 758 GREELEY, COLORADO 80632 COLORADO June 16, 2008 WPD, LLC C/O THE CARROLL GROUP, LTD P.O. BOX 886 BRIGHTON, COLORADO 80601 RE: Cancellation and release of Collateral for WPD, LLC Mr. Carroll: On June 9, 2008, the Board of County Commissioners approved the cancellation and release of collateral for SPR#402, in the amount of$39,821.00, 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 Irrevocable Letter of Credit has been returned to Wells Fargo Bank. 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. BecF er Deputy Clerk to the Board WPD ENTERPRISES INC . 2563 Cry C Westminster ount Co.8023lubCt.4 Pat Daniel Presieeoel[Eo 7179 Cell Phone:(303)947- Home phone:(303)465-2449 E-mail:pdaniel I9@msn.com CLERK TO THE BOARD PHONE (970) 336-7215, Ext. 4225 WIIle FAX: (970) 352-0242 P. O. BOX 758 GREELEY, COLORADO 80632 COLORADO June 16, 2008 ASSISTANT VICE PRESIDENT WELLS FARGO BANK N.A., TRADE SERVICES DIVISION, NORTHERN CALIFORNIA ONE FRONT STREET, 21ST FLOOR SAN FRANCISCO, CALIFORNIA 94111 RE: Cancellation and release of Collateral - WPD, LLC, Go The Carroll Group, Ltd. To Whom it may Concern: Attached hereto please find the Board of County Commissioners Resolution releasing the collateral for WPD, LLC, and the original Irrevocable Letter of Credit issued by Wells Fargo Bank issuing collateral, in the amount of$39,821.00. 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: nna J. Bechl® , Deputy Clerk to the Board U.S. Postal Service., PC CERTIFIED MAILTM RECEIPT rri (Domestic Mail Only;No Insurance Coverage Provided) nrl F rdelivery inf•rmatl nvisit•ur we•site at www.us•s.C•nqy RJ ru IS) Postage $ m l7 Certified Fee O O Return tRe Required) - Postmark (Endorsement in Require a Here ru Restricted Delivery Fee N (Endorsement Requi mq ra Total Postage&Fees $ lr) in W Sent To L („ Co y or Pp Box No. � 0 City,State,,P+4 PS Form 3800.rune 2002 See Reverse for Instructions U.S. Postal Service,,. CERTIFIED MAILTM RECEIPT m (Domestic Mail Only;No Insurance Coverage Provided) F•,•elivery inf rmati °visit•ur we•site atwww.us•s.c•ms u'I ru ru Postage $ m p Certified Fee p Postmark p Return Receipt Fee Here (Endorsement Required) Nndo Delivery Required) (Endorsement liv H Total Postage&Fees $ p Sent To 1 . ssf",V,P Jtiel(5 �y� a ..161.7r��le '&r✓,_Lit, reel Apt.NN�o.J' r ctyP°�re J.hfn.Cl1./.D.nerantSt,---ta?IL Floor � n n 1 rirlr;scm. GtiN C SENaE': C•M•LETE THIS SECTI•N c•M•LETE THIS secnoN ON •ELIVE•V • Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. X O Agent • Print your name and address on the reverse O Addressee so that we can return the card to you. B. Receive+ by(Printed Name) C. Date of Delivery • Attach this card to the back of the mailpiece, HA)')c 0 or on the front if space permits. D. Is delivery address different from item 1? ❑Yes 1. Article Addressed to: If YES,enter delivery address below: O No 1)551610n-I L' 'Ce 4es;den i Gl�e�ls �a,�9jo )3aibe N,,4 72urle& 'eesID,'U, //crMerttCA ,SF`iCtr 3. Service Type C(/1 P 4'011 f i C/l i .SIt PP Ila ertified Mail ❑Express Mail k 11 K,,)e/Seel lI/9 '2'rir/// O Registered firRiturn Receipt for Merchandise O Insured Mall O C.O.D. 4. Restricted Delivery?(Extra Fee) O Yes 2. Article Number 7005 1820 0003 5225 1362 (Transfer from service lobe° PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1510 Application for Amendment to Letter of Credit WELLS Wells Fargo Bank and its Affiliates FARGO Date FOR Document Track No. 06/24/08 UANK SE 8551810809 ONLY WE HEREBY REQUEST THAT IRREVOCABLE LETTER OF CREDIT NO.: 904268 ISSUED BY: ®WELLS FARGO BANK,N. A. ❑ WELLS FARGO HSBC TRADE BANK,N. A. PARTY NAMED AS APPLICANT: WPD,LLC IN FAVOR OF: BOARD OF COUNTY COMMISSIONERS BE AMENDED BY ❑ CABLE/TELEX ® COURIER ❑ MAIL ❑ OTHER: AS FOLLOWS: 1. LETTER OF CREDIT AMOUNT IS REDUCED BY: $ 39,821.00 2. LETTER OF CREDIT AMOUNT IS INCREASED BY: $ 0.0 3. LATEST SHIPMENT DATE IS EXTENDED TO: 4. LETTER OF CREDIT EXPIRATION DATE IS EXTENDED TO: 5. OTHER AMENDMENT(S): TO BE COMPLETED BY THE ENTITY TO WHOM THE APPLICANT'S AGREEMENT AND SIGNATURE: APPLICATION FOR THE LETTER OF CREDIT WAS ADDRESSED Applicant's signature on this Application is verified. Issuance of We understand that this amendment is subject to the amendment has been approved in accordance with the credit acceptance by the beneficiary and any confirming bank. policies and procedures of the Wells Fargo entity to whom the All other terms and conditions of the Letter of Credit Application for the Letter of Credit was addressed. remain unchanged. APPROVING OFFICER'S OFFICE(Please Type or Print) APPLICANT Board of Weld County Commissioners WPD,LLC Phone MAC AU 970-356-4000 X4200 APPROVING OFFICER'S NAME(Please Type or Print) AUTHO ZED G UREi TITLE William H. Jerke, Chair /v/9 jynezefe APPROVING OFFICER'S SIGNATURE DATE AUTHOR ED SIGNATURE - / TITLE 06/24/2008 111111 II IIIIII 0 Amendment904268[1].doc 03/18/04 rev. Yd st ¢ f a � � kx�aati day 'Y~x*r«'�.L1 s�° ra. .ra Y F x. USAirbiil Lae& 8541 9268 9794 '° b` 1 Express Numb.. „. �. s€YDa a, 1 From Please pclenepassem 4a Express Package Service To add SATURDAY Delivery,See Seen.s. Packages upofaa r�lbs. Senders FedEx Date 6/24/2008 Account Number 1253-1948-3 W red&Priority rmight ❑ FeatlFxstandard Overnight ❑ delivery ashClvernight rvmnbn.,remomma• . d,ranrsseX.noon' delivery neueuonnssions.' a.wervms.mnmcemns• Sender's /Clerk to the Board Phone 1970) 356-4000 El FedEx 2Day ❑FedEx Express Saver Name Second busnessrot Third business day L FedEx Envelope rata sot andatla.Mnmum charge:nna{auna ram. —J COUNTY OF WELD 46 Express Freight Service To add SATURDAY Delivery,noSecnon a. Packages ever 750 lbs. Company ••ramonlwabaus. ❑ FedEx IDs Freight ❑ FedEX 2Day Frejpht ❑ FedEx3Day Freight 915 10TH ST xm wm°u :° ma An eery third business car. Address •cagmr Confirmed. Dept/liccauteAloom 5 Packaging •oriaradaaue inns= GREELEY State CO ZIP S0631-1117 FedEx ❑ Fad Pak* ❑ FedEx ❑ FedEx ❑ Other City Includes FedEx Small Envelope' Fad Fad Lame Pak and Fee&swrry Pat Box Tube 2 Your al Internal Billing ReferenceFintItcharacten rrrra;.. apex on Twice 6 Special Handling Include read,address in Section a. SATURDAY Delivery HOLD Weekday I r NOW Sebaday 3 TO ❑ Available ONLY for ❑ at FedEx Locator Li at FedEx Location Recipients Assistant Vice President S00 i 798-2815 Fa&P"n""°Yamand Tad&rot. NOT Availemefar Available ONLY ior Name Phone FFimghtiuws.Mn°DP cedr eE.mav E.a&Enmw.miga WET m�eucamc Doa Mid dripnant mMein damwous goods? Dne love must be cnecF d. — company Wells Fargo Bank/Trade Services Div/No, CA ❑ No ❑ Ves ❑ yes ❑ Dylce Mt.!, menu,— Dmras.ux lw5 ro snppars Dasmwan. nmmgmae. ❑ Cargo Aircraft Only Dangerous pods IkWm°aryrtel cants be NPoea in rel4packagng. Recipient's One Front Street 21st Floor Address 7 Payment Bill ro. &a.Hwnxa.xo.wCretin CeNHm below. we cannot deliver o no.boxes areo.ZIP codes. Deptilloor/Suitellioom Sender ❑ Recipient ❑ Third Party ❑ Creek Card ❑ Cash/Check MNl h heivatmcn 1 Address To requests package be holden spank Fed&location print FedEx address hare. FedEx Aces xo. bp cMIGM No Dale City San Francisco State CA ZIP 94111 Total Packages TalelWaight Toed Declared Valuet S ao 0322274848 tour liability islimited UMMDa unless you declare a higher value.See beck for details. red&uee Only 8 NEW Residential Delivery Signature Options nwaeouaouvgnorertneuktlmenrinmea Try online shipping atfedex.comR , No Signature Direct Signature Indirect Signature 519 By using Mis Airbill you agree to tesa ice candau s ante back dies Arbil ❑Required ❑Anon recipient's ❑ n e is available en and me carom Fedex Service Gude,including terra that limitour habley podutu may be l.nelm. ?Odressmay signior adouert recipients address anyone uestions?GotoourWebsit at fedex.com mwngaeu_e sifnfore ryHedaohap or call I.BDD.DoFedEc 1.800.463.3339. mreek„en ears Dare%Wan 4158219T01994-2065 EedEe'ralxIIO IN IIUS w•s ns CLERK TO THE BOARD I PHONE (970) 336-7215, EXT.4218 FAX: (970) 352-0242 P.O. BOX 758 GREELEY, COLORADO 80632 DC. COLORADO STATE OF COLORADO) ss COUNTY OF WELD ) I, Donald D. Warden, Clerk to the Board of County Commissioners, in and for the County of Weld, State of Colorado, do hereby certify that the attached copy of Resolution 2008-1652, regarding the cancellation and release of collateral for Site Plan Review#402 for WPD, LLC, c/o The Carroll Group, LTD, being two pages, is a true and correct duplicate of the originals on file in the Weld County Clerk to the Board's office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County at Greeley, Colorado, this 24th day of June, 2008. t We u j\\4 CLERK TO THE BOARD 1861 0 1/49 •"' �` BY: /_ I EPUTY C "K TO THE BO Hello