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HomeMy WebLinkAbout20082974.tiff 06S RESOLUTION RE: APPROVE PARTIAL CANCELLATION AND RELEASE OF COLLATERAL FOR SITE PLAN REVIEW, SPR#399-JOHN AND EULALIE LAURIDSON/EULALIE LAURIDSON TRUST, CIO TOM LAURIDSON 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 July 24,2006,the Weld County Department of Planning Services approved Site Plan Review, SPR #399, for John and Eulalie Lauridson / Eulalie Lauridson Trust, 14570 Young Drive, Brighton, Colorado 80601, do Tom Lauridson, P.O. Box 1090, Eastlake, Colorado 80614, for Gerard's Bakery, on the following described real estate, to wit: Lot 2, Block 1,Amendment to the Del Camino Center PUD: being located in the W1/2 NW1/4 of Section 14, Township 2 North, Range 68 West of the 6th P.M., Weld County, Colorado, and WHEREAS, on June 25, 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 John and Eulalie Lauridson / Eulalie Lauridson Trust, do Tom Lauridson, with terms and conditions being as stated in said agreement, and accepted check #704, in the amount of $97,856.00, from St. Vrains, LLC, P.O. Box 1090, Eastlake, Colorado 80614, 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 $83,177.60, and retaining fifteen (15) percent, $14,678.40, for a one-year warranty period, and WHEREAS,John Lauridson/Eulalie Lauridson/Tom Lauridson/Farm Operating Account, 14570 Young Drive, Brighton, Colorado 80601 has presented the Board with replacement check #510, in the amount of $14,678.40, thereupon reducing the amount of credit available for draw by Weld County to $14,678.40. WHEREAS, on November 3, 2008, the Board deemed it advisable to continue the matter to November 10, 2008, to allow adequate time for staff to determine whether the original collateral was posted in the business name, currently under bankruptcy proceedings, or by the property owner, and WHEREAS,on November 10, 2008, staff advised the Board that the original collateral was posted by the property owner and the funds are not related to the bankruptcy. 1 11111111111111111111111 11111 III 1111111111111111111 I1II 3593063 12/04/2008 12:35P Weld County, CO 2008-2974 1 of 2 R 0.00 D 0.00 Steve Moreno Clerk& Recorder PL1775 0e '. PLC p(A,/ r f'L td-.(0q/o CANCEL COLLATERAL - JOHN AND EULALIE LAURIDSON I EULALIE LAURIDSON TRUST, CIO TOM LAURIDSON PAGE 2 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the original collateral, in the amount of $97,856.00 be, and hereby is, canceled and released, and the replacement check, in the amount of $14,678.40, be accepted. 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 10th day of November, A.D., 2008. BOARD OF COUNTY COMMISSIONERS / WELD COUNTY, COLORADO ATTEST: , `� "'LI_t 6--1.-2--/ fandel '"y ,, \ _ William H. Jerke, Chair Weld County Clerk to 6 ' rd 111 .+ ( it — EXCUSED Robert asd o-Tem BY: � Deputy Cle to the Bo F. arcia DAST cy David E. Long ounty Attorney ougla ademache Date of signature: ////k 11111 11111 111111 10111 11111 1111111111111 11111 111111 3593063 12/04/2006 12:35P Weld County, CO 2 of 2 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 2008-2974 PL1775 fi, MEMORANDUM Vi`,Pt TO: Board of County Commissioners November 3, 2008 COLORADO FROM: Jacqueline Hatch-Drouillard SUBJECT: Site Plan Review 399, Gerard's Bakery The applicant for SPR-399, Tom Lauridson as manager submitted a check under the name Saint Vrain LLC as property owner and not the business for the collateral in the amount of ninety seven thousand and eight hundred and fifty six dollars ($97,856.00). The collateral funds are not from the business and are not related to the bankruptcy. Staff recommends the release of the collateral in the amount of ninety seven thousand and eight hundred and fifty six dollars ($97,856.00) and that the fourteen thousand six hundred and seventy eight dollars and forty cents ($14,678.40) for the 15% one year warranty period be accepted. Set* MEMORANDUM wineTO: Board of County Commissioners October 24, 2008 COLORADO FROM: Jacqueline Hatch SUBJECT: Site Plan Review 399, Gerard's Bakery The applicant for SPR-399, Tom Lauridson has submitted the attached letter dated July 21, 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-399 was administratively approved by the Department of Planning Services on July 24, 2006. The collateral was approved by the Board of County Commissioners on June 25, 2007 in the amount of ninety seven thousand and eight hundred and fifty six dollars ($97,856.00) for improvements to the site. 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 in the amount of fourteen thousand six hundred and seventy eight dollars and forty cents ($14,678.40). On October 24, 2008 the applicant submitted a check for the 15% one year warranty. Staff recommends the release of the collateral in the amount of ninety seven thousand and eight hundred and fifty six dollars ($97,856.00) and that the fourteen thousand six hundred and seventy eight dollars and forty cents ($14,678.40) for the 15% one year warranty period be accepted. rn w ` 0 e U) a- 2008-2974 From: Tom Lauridson dlauridson@mac.com> Subject: Escrow release from Gerards Bakery Date: July 21,2008 8:52:12 AM MDT 411 To: Jhatch@co.weld.co.us Jacqueline, We have substantially completed the landscaping around the Gerards bakery building. All finish grading has been completed,irrigated sod fully established, all trees reestablished and planting of dryland grass has been accomplished. Of course,dry weather is limiting the establishment of dryland grass,but it was planted so it is likely to emerge following rain(rather than broadcast)and straw was crimped into the soil to control erosion. If you have questions about our dryland grass planting,please contact David Trenbarth of Western States Reclamation near Erie. Therefore,we request the majority of the finish deposit we made to Weld county last year,fully understanding that some deposit may be withheld until the dryland grass fully emerges. Please call 303.204.5389 if you have questions. Tom Lauridson S01/7 Wp/a°°��BD JU fSr g11`(0 0 et RFC 2520u9 F��to Jacqueline Hatch From: Jacqueline Hatch Sent: Tuesday, October 14, 2008 12:53 PM To: 'Tom Lauridson' Subject: RE: 4226 WCR 22 (Gerards)final compliance Tom, Good afternoon I went out to the site today and it looks like everything is complete. At this point to release the collateral I will need a new form of collateral for the 15% one year collateral in the amount of $14,678.40 (15% of $97, 856.00) . Once I have received the new form of collateral I will forward your collateral release to the Board of County Commissioners. It typically takes about a week or two. If you have any questions please do not hesitate to contact me. Thanks, Jacqueline Original Message From: Tom Lauridson [mailto:tlauridson@mac.com] Sent: Sunday, October 12, 2008 9:49 PM To: Jacqueline Hatch Cc: Gary Knight; Clint Hart Subject: 4226 WCR 22 (Gerards) final compliance Jacqueline, Please visit the former Gerards site at 4226 WCR 22 to check for compliance regarding the parking blocks. Delta (our contractor) had some delays in finishing this project. I hope you find all is in order. Tom Lauridson 1 Page 1 of 1 Jacqueline Hatch From: David Snyder Sent: Tuesday, October 28, 2008 12:50 PM To: Jacqueline Hatch Subject: Gerrards Bakery Public Works accepts the seeding as shown for the detention pond as being completed for release of that portion of collateral. David Snyder, E.I., CFM Engineer Weld County Public Works Department P. O. Box 758 Greeley, CO 80632 (970)304-6496, Extenstion 3745 dsnyder@co.weld.co.us 10/28/2008 Jacqueline Hatch From: Jacqueline Hatch Sent: Monday, August 11, 2008 8:39 AM To: 'tlauridson@mac.com' Subject: RE: Escrow release from Gerards Bakery Tom, Good morning. Just to keep you in the loop. I haven't heard from Public Works yet regarding their inspection of the site yet but I did go out to the site the other day and noticed that the wheel guards were not on site. They will need to be placed prior to a full release of collateral. I will let you know as soon as I hear from Public Works of any additional items. Thanks and let me know if you have any questions Jacqueline Original Message From: tlauridson@mac.com [mailto:tlauridson@mac.com] Sent: Monday, July 21, 2008 8:52 AM To: Jacqueline Hatch Subject: Escrow release from Gerards Bakery Jacqueline, We have substantially completed the landscaping around the Gerards bakery building. All finish grading has been completed, irrigated sod fully established, all trees reestablished and planting of dryland grass has been accomplished. Of course, dry weather is limiting the establishment of dryland grass, but it was planted so it is likely to emerge following rain (rather than broadcast) and straw was crimped into the soil to control erosion. If you have questions about our dryland grass planting, please contact David Trenbarth of Western States Reclamation near Erie. Therefore, we request the majority of the finish deposit we made to Weld county last year, fully understanding that some deposit may be withheld until the dryland grass fully emerges. Please call 303 .204.5389 if you have questions. Tom Lauridson 1 Jacqueline Hatch From: David Snyder Sent: Thursday, August 14, 2008 1:33 PM To: Jacqueline Hatch Subject: SPR 399 Gerards Bakery Attachments: image001jpg; image002.gif Jacqueline, I did a site visit to the bakery and Public Works wants to hold $2,500 for the seeding and 15% of the collateral for the warranty for the work done. 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 <mailto:dsnyder@co.weld.co.us> 1 Jacqueline Hatch From: Jacqueline Hatch Sent: Monday, August 25, 2008 3:38 PM To: Tom Lauridson' Subject: Gerards Bakery Tom, I was just checking on the status of SPR-399 improvements on site. The only items that still need to be completed 1. wheel guards need to be put in place and 2. seeding of the site Please also keep in mind that we will be asking for a one year warranty amount in 15% of the total amount. Once the items listed above are completed just let me know and I will check the site for compliance along with Public Works. At that time I can fill you in on the process of holding the 15%. Thanks and let me know if you have any questions Jacqueline 1 JOHN C LAURIDSON 06/04 EULALIE LAURIDSON . d 82-544/1070 510 TOM LAURIDSON C, _ ems FARM OPERATING ACCO ��I' 14570 YOUNG DRIVE . 4e-` a _a5 T BRIGHTON,CO 8060 .21)9.1.11 ' " PAY TO J _i C/•L ' $, z�c THE ORDER?... '� 1 — -- e /_.♦ t/. �...i� a�r.dS{.E ....s fi ,r,. if DOLLARS o...mn... Valle]Bank �o nwm am t m. .r YES (��`C� /��0���� caamo emo . M9 rust Vo s,- I.!!N 4IG �py'���'�/� ,�I w/�QQn MEMO CJ// �W• ;22A5 1, '1 4(. YVrc/ 30 w 1: 1070054451:05300771611' 0510 • DATE / )/ ( f1 `' NO. 2162 `, RECEIVED FROM . , . \ADDRESS =ADDRESS a DOLLARS $ 1 = f' a I , '{ > E ❑F0R RENT t ._; }1,FOH ( > `. • ACCOUNT HOW PAID i AMT.OF CASH !!011 ACCOUNT AMT PAID CHECK BA:ANCE MONEY DUE ORDER BY 11 Page 1 of 2 Donna Bechler From: Thomas C. Lauridson [Thomas.C.Lauridson@adamsl2.org] Sent: Thursday, October 30, 2008 1:42 PM To: Donna Bechler Cc: tlauridson@mac.com Subject: Re: Fwd: Collateral release Tom Lauridson <tauridson@mac.com>writes: Donna, Thanks for your reply. We have dropped our home phone and use our land line only for data. I can be reached at 303.204.5389. Please issue the check back to St. Vrains LLC as per your suggestion -- St. Vrains owns the building, not the business. The name of the business was Gerards LLC, and was wholly owned by Mountain View Harvest Cooperative. It is true that Gerards LLC is no longer present in the building, but my family owns the building free of any liens and is actively pursuing tenants. Tom Lauridson 303.204.5389 Begin forwarded message: From: Donna Bechler< Date: October 28,2008 4:23:48 PM MDT To: tlauridsonamac.com Subject: Collateral release Mr. Lauridson, I received all the paperwork from Jacqueline Hatch asking the Board of County Commissioners to release the original collateral of $97,856.00 which was approved on June 25, 2007. I tried calling the phone number on your e-mail, but I got a response saying that number was no longer in service. Hopefully I can contact you through e-mail. The check we received from you in June of 2007, was made out to us from St. Vrains, LLC. The money has been in our Trust Fund, and when I let Accounting know we need to have that money released, they will write it out to the same name they received it from, which would be St. Vrains, LLC. Jacqueline informed me that that business name is no longer"in business". Could you please send me an e-mail stating the reason the check needs to be made out differently, so that I can present the letter to the Accounting department when I let them know they have to release it to a different name. 10/30/2008 Page 2 of 2 If you have any questions about this, you can e-mail me a reply, or call me at 970-356-4000, Extension 4227. Thank you, Donna Bechler Deputy Clerk to the Board 10/30/2008 Kie CLERK TO THE BOARD PHONE (970) 336-7215, Ext. 4225 FAX: (970) 352-0242 CP. O. BOX 758 GREELEY, COLORADO 80632 COLORADO November 18, 2008 ATTN; TOM LAURIDSON JOHN AND EULALIE LAURIDSON/EULALIE LAURIDSON TRUST P.O. BOX 1090 EASTLAKE, COLORADO 80614 RE: Partial Cancellation and release of Collateral for John and Eulalie Lauridson / Eulalie Lauridson Trust, c/o Tom Lauridson Mr. Lauridson: On November 10,2008,the Board of County Commissioners approved the partial cancellation and release of collateral for SPR #399, in the amount of$83,177.60, releasing the original check for $97,856.00 and accepting Cash replacement collateral for $14,678.40, 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. A warrant in the amount of $97,856.00 is enclosed. 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: trii` I � / Donna J. Be ler Deputy Clerk to the Board mmolt Nl a .::',01 -um** .01.srAviser in A ITKINAL 'NET ORREFERFN('F MATE Amnion. UFTL V:TIOiLC AMOUNT AWN iNT 11/07/08 97,856.00 .00 .00 97,856.00 + REMOVE DOCUMENT ALONG THIS PERFORATION 4 .l ••w M NT -i.ifa•1. ■.• h•, S 'a•N•T_ a .,•• h• ,i. r iIYAK Weld County NUMBER 3233981 0 White OVT OF MONIES IN THE TREASURY By Order of The Board Of County Commissioners 82-91 CA/PRORRATEO7HEREFOR AND P.O.Box 758 1 021 CHARGEABLE TO THE COLORADO Greeley,CO 80632 '-'-::1- .7'71 o Wells Fargo (970)356-4000 FAX:(970)352-0242 f ,t•xt•t O Greeley,CO 80634 $ 97 856.00 DATE 11/14/2008 � ' VOID IF NOT LL Ninety Seven Thousand Eight Hundred Fifty Six Dollars CASHED IN 60 DAYS JJ O PAY TO THE ORDER OF ' / I't-.f' 141 ST.VRAINS LLC CHAIRMAN BOARD OF COUNTY COMMISSIONERS Q P.O.BOX 1090 �� / ,/J�i� I- EASTLAKE CO 80614 '/!/�i�o%Jr`/C R OFD AD "0003 2 3 398 ill' I: 10 2 1009 181: 80127008480 Donna Bechler From: Jacqueline Hatch Sent: Tuesday, November 18, 2008 7:40 AM To: Donna Bechler Cc: 'Tom Lauridson' Subject: FW: Collateral release Donna, I received the email below from Tom Lauridson. Thanks Jacqueline Original Message From: Tom Lauridson [mailto:tlauridson@mac.coml Sent: Monday, November 17, 2008 9:08 PM To: Jacqueline Hatch Subject: Collateral release Jacqueline, Would you please forward this email to Donna Bechler (deputy clerk to the board) ? I've lost her email address. Donna, We've yet to receive our collateral (just under $98, 000) from Weld County. If we need to accomplish some step in order to recover our collatoral, please let us know what we might do to this end. The property at question is located at 4226 WCR 22 Longmont, CO Thanks, Tom Lauridson 1 Page 1 of 1 Donna Bechler From: Donna Bechler Sent: Tuesday, November 18, 2008 8:23 AM To: 'tlauridson@mac.com' Subject: Collateral Mr. Lauridson, I should be able to send you your check today. Checks are only printed twice a week, so I received your check from our Accounting office yesterday, and am waiting for two more commissioners to sign the resolution and then I can put it in the mail. I have it going certified return receipt to P.O. Box 1090, Eastlake, Colorado 80614, so let me know if it needs to be sent somewhere else. Thank you. Donna Bechler 11/18/2008 Hello