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Home My WebLink About20071736.tiff 771 RESOLUTION RE: APPROVE CANCELLATION AND RELEASE OF COLLATERAL FOR SITE PLAN REVIEW, SPR #387 - NEIGHBORHOOD,INC., THROUGH DBM CONSULTING, LLC, C/O GLENN MCWILLIAMS 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 August 24,2005,the Department of Planning Services staff approved Site Plan Review, SPR #387, for Neighborhood, Inc., through DBM Consulting, LLC, and Lehigh Enterprises Acquisition Corporation, do Glenn McWilliams, 7017 South Owens Street, P.O. Box 271047, Littleton, Colorado 80127, now known as GarageTown,through DBM Consulting, LLC,do Glenn McWilliams, 10390 Bradford Road, P.O. Box 271047, Littleton,Colorado 80127,for Individual Condominiums for Indoor Self Storage, Offce Space and Vehicle Maintenance on the following described real estate, to-wit: Lot 4(formerly known as Lots 4, 5, 6, and 7), Block 2, Western Dairymen Cooperative MUD West of the 6th P.M., Weld County, Colorado, and WHEREAS,on December 12, 2005, the Board of County Commissioners 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 Neighborhood, Inc.,through DBM Consulting, LLC and Lehigh Enterprises Acquisition Corporation, do Glenn McWilliams, with terms and conditions being as stated in said agreement, and accepted Irrevocable Standby Letter of Credit No. 22724, drawn on the Washington Trust Bank, P.O. Box 2127, Spokane,Washington 99210-2127, in the amount of $253,111.00, and WHEREAS,it has been determined by the Board that the collateral being held by Weld County is no longer necessary to secure said Improvements Agreement According to Policy Regarding Collateral for Improvements (Private Road Maintenance)for Neighborhood, Inc.,through DBM Consulting, LLC, do Glenn McWilliams, 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 the Irrevocable Standby Letter of Credit No.22724,drawn on the Washington Trust Bank, P.O. Box 2127, Spokane,Washington 99210-2127, in the amount of$253,111.00 be, and hereby is, canceled and released. 1111111 11111 IIIIII IIIII DOH 1111I IIIII III 11III IIII IIII 3488701 07/06/2007 01:53P Weld County, CO 1 of 2 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 2007-1736 PL1812 CANCEL COLLATERAL - NEIGHBORHOOD INC., THROUGH DBM CONSULTING, LLC, C/O GLENN MCWILLIAMS 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 20th day of June, A.D., 2007. BD OF COUNTY COMMISSIONERS y, J7a` D OUNTY, C_OLO/RADO ATTEST: keakfri t }y� /4% C v 1 • r a `4 St .- d E. Long, Chair Weld County Clerk to the B. d V'' t om / °\ •j' illiam , . Jerky Pro-Tem BY: 'u • , �C�i( ``(it1:w: ( � � De utyC =rkto the B.:rd Cl William F. Garcia APPROVED AS TO.FORM: EXCUSED ass � �__ Robert D. Masden iiounty Attorney Douglas ade� masher t Date of signature: thef7 IIIIII111111111111 III 111111131IIIII III IIIIIIIIIIIII 3488701 07/06/2007 01:53P Weld County, CO 2 of 2 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 2007-1736 PL1812 Page l of 1 Jacqueline Hatch From: Scott Niebuhr[scott@garagetown.com] Sent: Thursday, May 17, 2007 3:18 PM To: Jacqueline Hatch Subject: GarageTown - Del Camino Final Inspection Jacqueline, I wanted to follow up with you to see if you were able to perform a final inspection at the GarageTown site last Friday. If so, did you have any questions and were you able to authorize release of collateral for Planning's portion? Sincerely, DBM Consulting, Inc. Scott Niebuhr Construction Manager 10390 W Bradford Road Suite 210 Littleton, CO 80127 Phone: (303) 973-1255 Fax: (303) 973-3754 Cell: (303) 870-0121 2007-1736 06/14/2007 (4 MEMORANDUM TO: Board of County Commissioners • June 13, 2007 COLORADO FROM: Jacqueline Hatch SUBJECT: SPR-387, DBM Consulting LLC The applicant for SPR-387, Scott Niebuhr has submitted the attached e-mail dated May 17, 2007. 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-387 was administratively approved by the Department of Planning Services on August 24, 2005. Staff is recommending that the request for release of collateral for two hundred and three thousand and one hundred and eleven dollars ($253,111.00) be approved at this time since the site is in compliance with the Weld County Code and the recorded SPR-387 plat. Page 1of1 Jacqueline Hatch From: Jesse Hein Sent: Friday, June 08, 2007 11:40 AM To: Jacqueline Hatch Subject: FW: Garage Town SPR-387 Jacqueline, The Public Works Department has completed the final inspection for SPR-397 (Garage Town) and recommends release of collateral. Please see Kelly's notes below. Have a great day, Jesse From: Kelly Jenkins Sent: Tuesday, June 05, 2007 9:16 AM To: Jesse Hein Cc: Tracy Dyer Subject: Garage Town SPR-387 Jesse, A final field inspection of Garage Town, SPR-387, was completed on May 1.8, 2007. Upon inspection I found the following items to be corrected and repaired: • Storm Water Ditches were dressed up and erosion control was removed to ensure proper drainage. • Damaged.concrete curbs have been replaced. • Access point on the southwest side of the lot has been removed. • South side lot has been hydro-seeded to ensure proper growth and re- vegetation. It is my recommendation that the release of collateral be granted.. Please notify me if you have any further questions or. concerns. Thank you, Kelly Jenkins Utility Coordinator 970-304-6496 Ext. 3764 kjenkins@co.weld.co.us 06/08/2007 ‘Hielit (it CLERK TO THE BOARD PHONE (970) 336-7215, Ext. 4225 ' FAX: (970) 352-0242 P. O. BOX 758 O GREELEY, COLORADO 80632 • COLORADO June 20, 2007 GARAGETOWN DBM Consulting, LLC do Scott Niebuhr 10390 Bradford Road P.O. Box 271047 Littleton CO 80127 RE: Cancellation and release of Collateral Scott: On June 20, 2007, the Board of County Commissioners approved the cancellation and release of collateral for SPR#387, in the amount of$253,111.00, 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. 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. Bec r Deputy Clerk to the Board rift CLERK TO THE BOARD PHONE (970) 336-7215, Ext. 4225 FAX: (970) 352-0242 P. O. BOX 758 O GREELEY, COLORADO 80632 COLORADO June 20, 2007 WASHINGTON TRUST BANK P.O. BOX 2127 SPOKANE WA 99210-2127 RE: Cancellation and release of Collateral - Neighborhood, Inc, through DBM Consulting, LLC To Whom it may concern: Attached hereto please find the Board of County Commissioners Resolution releasing the collateral for Neighborhood, Inc., through DBM Consulting, LLC, and the original Letter of Credit issued by Washington Trust Bank issuing collateral, in the amount of$253,111.00. If you have questions or need additional information, please do not hesitate to contact me at (970) 356-4000, Extension 4217. Very truly yours, BOARD OF COUNTY COMMISSIONERS By: f�f Donna J. Becht r, Deputy Clerk to the Board o rZ "11 P rS ASP , Wash- Trust Bank eA roc ra P O6 •tao0 IRREVOCABLE STANDBY LETTER OF CREDIT NO. 22724 o d� , �) DATE: NOVEMBER 30,2005 e O> op e, P tie AMOUNT: $253,111.00 d y�`rr 0 o Board of County Commissioners Attn: Clerk to the Board P.O.Box 758 Greeley,CO 80632 Gentlemen: We hereby establish our Irrevocable Standby Letter of Credit No. 22724 in your favor on the account of NEIGHBORHOOD, INC., 3201 N. Huetter Rd., Coeur d'Alene, ID 83814-9300, for a sum not to exceed the aggregate of TWO HUNDRED FIFTY THREE THOUSAND ONE HUNDRED ELEVEN AND NO/100 Dollars($253,111.00)U.S.currency. Each draft so drawn must be marked "Drawn under WASHINGTON TRUST BANK Letter of Credit No. 22724 and be accompanied by: (a) the original letter of credit; (b) a signed statement from the Board of County Commissioners of Weld County, Colorado stating that "Neighborhood, Inc. has committed a material breach of the of the Improvements Agreement According to Policy Regarding collateral for Improvements regarding Garage Town Del Camino dated the day of , 20 by and between Neighborhood,Inc.and the Board of County Commissioners of the County of Weld." This credit is subject to and will be governed by the Uniform Customs&Practice for Documentary Credits (1993 Revision)International Chamber of Commerce Publication No. 500. We hereby agree with you that all of drafts drawn under and in compliance with the terms of this credit will be duly honored upon presentation for payment and delivery of documents, as specified above, to Washington Trust Bank, International Department, 717 W. Sprague Ave., Spokane, Washington 99201. This letter of credit will expire on NOVEMBER 30,2006,or any extended date, at 5:00 P.M.PST. This letter of credit is automatically extended without amendment, for additional one year periods from the current expiration date or any future expiration date unless sixty(60)days prior to such expiration date,that we elect not to renew this Letter of Credit. All written notification shall be sent via Certified Mail. Should you receive such notification you may draw upon presentation of the following: (a) a draft at sight on WASHINGTON TRUST BANK; (b) a statement purportedly signed by an official of the Board of County Commissioners of Weld County, Colorado, stating that"a notice of non-renewal has been received and Neighborhood, Inc. has failed to provide proof of adequate collateral and substitution of this Letter of Credit No. 22724; (c) copy of non renewal notice from WASHINGTON TRUST BANK(d) original letter of credit. Sincerely, M—) Reline R.Ditton Assistant Vice President International Banking Department Washington Trust Financial Center P.0.Box 2127,Spokane,Washington 99210-2127 (509)353-4177 Fax(509)353-3905 \ Cash gM o/ \ Documentation SDecialisULeOers of Credit (509 Management/International77 Banking (577)370-0370 Toll Direct {s (877)509 870-0370 Tall Free (509)353-3905 Fax lieWS P.O.Box 2127 Spokane,WA 99210-2127 4 mstromewatrust.com www.watnrat.com Washingt nMust Bank p Hello