The URL can be used to link to this page

Browse Search

Home My WebLink About20080517.tiff RESOLUTION RE: APPROVE CANCELLATION AND RELEASE OF COLLATERAL FOR USE BY SPECIAL REVIEW PERMIT#1499 -WINDSOR ASSEMBLY OF GOD 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 13, 2005, the Board approved the application of Windsor Assembly of God, 416 Oak Street, Windsor, Colorado 80550, for a Site Specific Development Plan and Use by Special Review Permit#1499 for a Public and Quasi-Public Building (church) in the A (Agricultural) Zone District on the following described real estate, to wit: Lot B of Recorded Exemption #2851; being part of the SW 1/4/4 of Section 4,Township 6 North, Range 67 West of the 6th P.M., Weld County, Colorado, and WHEREAS, on November 21, 2005,the Board of County Commissioners of Weld County, Colorado, approved an Improvements Agreement According to Policy Regarding Collateral for Improvements(Private Road Maintenance)for Use by Special Review Permit#1499, between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Windsor Assembly of God, with terms and conditions being as stated in said agreement, and accepted Irrevocable Letter of Credit No. 1488701 from New West Bank, 3459 West 20th Street, Suite 114, Greeley, Colorado 80634, in the amount of$163,933.00, and WHEREAS, at the request of the applicant, and upon recommendation of staff, the Board deems it advisable to release said collateral. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that Irrevocable Letter of Credit No. 1488701 from New West Bank, 3459 West 20th Street, Suite 114, Greeley, Colorado 80634, in the amount of$163,933.00 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. 111111 I'I'I 111111 III IIIIIIII VIII VIII III VIII IIII IIII 2008-0517 PL1 3537851 02/27/2008 02:31P Weld County, CO 1 of 2 R 0.00 D 0.00 Steve Moreno Clerk & Recorder C( . Kt/ Pk) /71i-nrL 0 -VI lJ L' CANCEL COLLATERAL - WINDSOR ASSEMBLY OF GOD PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 11th day of February, A.D., 2008. BOARD OF COUNTY COMMISSIONERS ? -7 WELD COUNTY, COLORADO it het 4n aka f ) ATTEST: .° �i . r so !i, •a H. Jerke, Chair Weld County Clerk to the B d k w e ` Q1 1 Rb ert D. M d , r.'-Tem BY: ari De ty Cle to the Boa Will F. Garcia APP D ORM: G„1„ . David E. Long unty Attorney Dougla?Rademach Date of signature: 2l• / 11111111111111111III IIIlilll1111111111III11111IIII1111 2008-0517 PL0517 3537851 02/27/2008 02:31P Weld County, CO 2 of 2 R 0.00 D 0.00 Steve Moreno Clerk& Recorder ti n nr_::wi\J MEMORANDUM 7 PS , IL TO: Board of County Commissioners COLORADO DATE: February 6, 2008 FROM: Kim Ogle, Planning Manager SUBJECT: Release of Collateral Windsor Assembly of God, USR-1499 The Department of Planning Services requested a letter from the applicant or he applicant's representative for release of all monies associated with thisland use application. Representatives with the Departments of Public Works and Planning Services stipulated that all work associated with the project was complete and recommendedrelease of the collateral held. Planning Services has received no written response from Church representatives; herefore, The Departments of Planning Services and Public Works recommend release of the Irrevocable Letter of Credit#1488701. 2008-0517 (it MEMORANDUM ILCTO: Board of County Commissioners COLORADO DATE: December 11, 2007 FROM: Kim Ogle, Planning Manager fr, SUBJECT: Site Inspection for Release of Collateral Windsor Assembly of God Case Number USR 1499 The Department of Public Works performed a site visit to the Windsor Assembly of God Church to verify that the stated improvements for transportation related items were completed. Visual inspection determined that the transportation items have been installed per the improvements agreement. The Department of Planning Services also performed a site investigation to verify that the stated improvements for the non-transportation related items were completed. Visual inspection determined that the non-transportation items have been installed per the improvements agreement. Given that the improvements have been completed, it is the recommendation of the Departments of Public Works and Planning Services that the Irrevocable Letter of Credit# #1488701 from New West Bank for Windsor Assembly of God in the amount of one hundred sixty-three nine hundred thirty-three dollars and no/100s ($ 163,933.00) be released. MEMORANDUM TO: Kim Ogle, Planner Ill DATE: December 11, 2007 FROM: David Bauer, Public Works SUBJECT: Release collateral —Windsor Assembly of God USR-1499 The Weld County Public Works Department recommends release of the collateral for the Windsor Assembly of God (USR-1499). In January 2007, the Department of Public Works recommended holding $15,000 collateral to cover the costs for uncompleted drainage and signage items. Those items have been constructed, and the requested as-built survey documents have been received. Planning had additional items for collateralization at that time. According to the 12/3/07 list of collateral amounts held by the Clerk to the Board, the Windsor Assembly of God. PL1772, #2005-3395, (USR#1499) has a private road agreement and Letter of Credit (#1488701) with New West Bank in the amount of$163,933. A partial release of collateral recommended in January 2007 should have required posting of collateral of $36,766.60. The Departments of Public Works recommends release of the remaining collateral at this time. This collateral release recommendation is for the Public Works items only. Other non-Public Works-related items should be verified by Planning Services prior to collateral release. pc: CTB USR-1499 M:\PLANNING—DEVELOPMENT REVIEW\Collateral\W indsorAssOtGod-ReleaseCollateral doc Page 1 of 1 Donna Bechler ............. From: Kim Ogle Sent: Thursday, January 03, 2008 12:08 PM To: Donna Bechler Subject: RE: Collateral I have not heard 110111 either. Continue to hold, thanks Kim Ogle From: Donna Bechler Sent: Thursday, January 03, 2008 11:54 AM To: Kim Ogle Subject: Collateral Hi Kim, Just checking to see if ynu've-reeeivudll repldcemelscollateral for Bt Vrain LakesPUD,'or the letter from the applicant for the Windsor Assembly of God. I will continue to hold them until I hear from you. Thanks, Donna 1/3/2008 NEW WEST BANK November 29, 2007 3459 West 20th Street Suite 114 Greeley,Colorado 80834 Weld County Planning and Building Services Tel s70-378-1 ego Attn: Kim Ogle 918 10th Street Fax 970-378-1801 Greeley, CO 80631 wwwnewwestbankbiz RE: The Windsor Assembly of God Irrevocable Letter of Credit Dear Kim (and Gentlemen of the Board of County Commissioners), I am writing as a follow up to our discussion of a few days ago regarding The Windsor Assembly of God church. The members of the church have informed me that their project is now complete, and have requested that New West Bank terminate the Irrevocable Letter of Credit issued to Weld County for the benefit of the Board of County Commissioners. Therefore, I am writing to inform your office that the Irrevocable Letter of Credit#1488701, issued by New West Bank, shall be terminated on February 1, 2008. Please notify me if you have any concerns regarding this project; and, would you please acknowledge receipt of this letter by signing below and returning in the enclosed envelope. Please don't hesitate to call me if you have any questions. You may also contact Pastor Paul Veliquette at The Windsor Assembly of God at (970) 686-2096, which is the office, or on his cell phone at (970) 381-1328. His email if you prefer is pastorpauly@windsorassembly.org. ncerely, j ahlkkAfilA Cameron Gome Customer Service Rep. **************s********************************************************* ACKNOWLEDGEMENT: This letter has been received this 7 in day of il—n;s'Rme y , 2008 0_)G rt ) O c , o r Gr Pas�Pr�1a 20 co Pa � rPr PA °8 �� 6. sy sa a1 Ge.L as 'fo Pa `k s r C G.r oG ` srs or ro oG IRREVOCABLE LETTER OF CREDIT NO. 1488701 oG October 27,2005 Board of County Commissioners ATTN: Clerk to the Board P.O. Box 758 Greeley,CO 80632 RE: Windsor Assembly of God Dear Commissioners: We hereby open our Irrevocable Letter of Credit in your favor for the account of Windsor Assembly of God,416 Oak Street, Windsor, CO 80550,for a sum not to exceed the aggregate of$163,933.00(One hundred sixty-three thousand nine hundred thirty-three dollars). Each draft so drawn must be marked"Drawn under NEW WEST BANK,3459 W.20th St., Suite 114,Greeley, CO 80634,Letter of Credit No. 1488701"and be accompanied by a signed statement from the Board of County Commissioners of Weld County,Colorado stating the Windsor Assembly of God has committed a material breach of the Improvements Agreement According to Policy Regarding collateral for Improvements regardingUSR-1499 dated the 21" day of November,2005 by and between Windsor Assembly of God and the Board of County Commissioners of the County of Weld. 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. We hereby agree with you that all drafts drawn underand in compliance with the terms of this credit will be duly honored and presented for payment to our main officq NEW WEST BANK,3459 W.20th St., Suite 114,Greeley, CO 80634. This letter of credit will expire on October 27,2006 at 5:00 P.M. This letter of credit is automatically extended without amendment, for additional one year periods from the current expiration or any future expiration date unless 60 days prior to such current expirationdate NEW WEST BANK notifies beneficiary in writing that the letter of credit will not be renewed. In the case you receive such a notification, you may draw by presentation of the following: (a)a draft at sight on NEW WEST BANK;(b)a statement purportedly signed by an official of the Board of County Commissioners of WeldCounty,Colorado stating that we have received notice from NEW WEST BANK the Letter of Credit No. 1488701 will not be renewed and that Windsor Assembly of God has failed to provide proof of adequate collateral and substitution of this Letter of Credit No. 1488701; (c)copy of letter from NEW WEST BANK stating non-renewal of Letter of Credit No. 1488701 and the original letter of credit. Yours t dy, L nnie O sner Senior Vice President NEW WEST BANK 3459 West 20th Street Suite 114 Greeley,Colorado 80634 Tel 970 378-1800 November 28, 2005 Fax 970-378-1801 www.newwestbank.biz Board of County Commissioners ATTN: Clerk to the Board P.O. Box 758 Greeley, CO 80632 RE: Windsor Assembly of God Dear Commissioners: It has come to our attention that we had mistakenly assigned an invalid number to the Irrevocable Letter of Credit. Initially we assigned 1489101, we should have assigned 1488701. Attached you will find a new Irrevocable Letter of Credit No. 1488701 as well as a copy of the original. All the information has been completed the same as it was on the original, except for the number. Please accept our deepest apologies for the inconvenience. If you have any questions or concerns or if the document needs any further revision, please feel free to contact us at(970) 378-1800. Sincerely, Sincerely, Cameron Ca Go ez Lonniem chsner Customer Service Rep. Senior Vice President r , \7 �J) ‘....... :, Kilt t CLERK TO THE BOARD PHONE (970) 336-7215, Ext. 4225 iiimie FAX: (970) 352-0242 P. O. BOX 758 GREELEY, COLORADO 80632 COLORADO February 29, 2008 WINDSOR ASSEMBLY OF GOD 416 OAK STREET WINDSOR CO 80550 RE: Cancellation and release of Collateral for Windsor Assembly of God. To Whom it may Concern: On February 11,2008,the Board of County Commissioners approved the cancellation and release of collateral for USR#1499, in the amount of $163,933.00, 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 New West 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 By4(21/z,1.4., '---2141 . —1C/1141_,., Donna J. Becp#er Deputy Clerk to the Board jt, CLERK TO THE BOARD Ile PHONE (970) 336-7215, Ext. 4225 FAX: (970) 352-0242 WI P. O. BOX 758 GREELEY, COLORADO 80632 COLORADO February 29, 2008 ATTN: LONNIE OSHSNER SENIOR VICE PRESIDENT NEW WEST BANK 3459 W 20T" ST STE 114 GREELEY CO 80634 RE: Cancellation and release of Collateral - Windsor Assembly of God Dear Mr. Oshsner: • Attached hereto please find the Board of County Commissioners Resolution releasing the collateral for Windsor Assembly of God, and the original Letter of Credit issued by New West Bank issuing collateral, in the amount of$163,933.00. 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 1�� By: �L yottahh.9 Donna J. Beccter, Deputy Clerk to the Board Hello