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Home My WebLink About20071721.tiff RESOLUTION RE: APPROVE CANCELLATION AND RELEASE OF COLLATERAL FOR SECOND AMENDED USE BY SPECIAL REVIEW #726 - RCJC, LLC 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 January 31, 2007, the Board approved the application of Ralph Nix Produce, Inc., 16885 Weld County Road 44, LaSalle, Colorado 80645, for Second Amended Use by Special Review#726 for an onion storage and processing facility, lawn mower warehouse, fencing manufacturing facility, offices,warehousing and transfer facilities; oil and gas support and service operations facilities;and Agricultural service establishments primarily engaged in performing agricultural animal husbandry or horticultural services on a fee or contract basis (sorting, grading and packing fruits and vegetables; crop dusting or spraying operations facilities; grain and feed sales; seed production, processing, storage, mixing, blending, and sales; and farm equipment sales, repair, and installation facilities) on the following described real estate, to wit: Lot A of Recorded Exemption#850; being part of the SE1/4 of Section 14, Township 4 North, Range 66 West of the 6th P.M., Weld County, Colorado, and WHEREAS, on March 14, 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 the current property owner, RCJC, LLC, 3907 14th Street Southwest, Loveland, Colorado 80537, with terms and conditions being as stated in said agreement, and accepted check #2772 from McCrimmon Alliance Company, LLC, in the amount of $605.00, and check #00419366 from Security Title Guaranty Company, in the amount of$12,100.00, for a total amount of$12,705.00, 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 RCJC, LLC, and WHEREAS, staff from the Weld County Department of Public Works has conducted a visual inspection and recommends release of said collateral. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that check#2772 from McCrimmon Alliance Company, LLC, in the amount of $605.00, and check #00419366 from Security Title Guaranty Company, in the amount of $12,100.00, for a total amount of $12,705.00 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. 111111111111111111111111111111111111111III 11111 IIII IIII 2007-1721 3490648 07/16/2007 02:54P Weld County, CO PL0032 1 of 2 R 0.00 D 0.00 Steve Moreno Clerk& Recorder rib) /1/7/1_ DO- - -°i CANCEL COLLATERAL - RCJC, LLC PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 18th day of June, A.D., 2007. BOARD OF COUNTY COMMISSIONERS WEsaw LCOUIhTY, COLORADO ATTEST: /Li, ��;t,��I / ct- tY,? �1 \•avid E. Long, Chair l Weld County Clerk to the :3 - . (- .per I, 1 ti* - ii; L-, ,, ,,,,,,,_, BY: I�'� .„ ,/ 0lin per , em ry ,i_i ". . `� A —, Deputy Clerk to the Boa ' ‘ �% r. ' 1 L/ ��..�- Will' Gar,.a APP AS TO 1v1 ---> Robe D. Masden c-o my A orney c. pvto,,ei.—Qr Douglas ademacher Date of signature: 71-O7 111111111111111111111111111111111111111III IIIM III' IIII 3490648 07/16/2007 02:54P Weld County, CO 2 of 2 R 0.00 0 0.00 Steve Moreno Clerk& Recorder 2007-1721 PL0032 Memorandum TO: Clerk to the Board Office Board of County Commissioners III ID C. DATE: June 7, 2007 COLORADO FROM: Brad Mueller Department of Planning Services RE: Release of Collateral 2ndAmUSR-726 (Ralph Nix Produce) The Department of Planning Services has received a request for release of collateral for the 2"d Amended USR for the Ralph Nix Produce site (File No. 2ndAmUSR-726) in the amount of $12,705.00. This request is being made after completion of all required improvements. Please see the attached. Planning Services and Public Works have reviewed this request and support the full release of collateral. Collateral was in the form of a Cash Deposit. Two checks were originally provided for the total surety amount; at the time the surety is to be released, the total amount should be distributed to RCJC, LLC, at the following address: RCJC, LLC Attn: ShellesMcCrimmon 3907 14th Stret SW Loeland, Co. 80537 47 fir' / Nsid mteitjit etc( .zide/(z_iptiege-t: av RJ '/Zs o 2007-1721 1 MEMORANDUM TO: Brad Mueller, Planning Services DATE: June 6, 2007 FROM: Donald Carroll, Engineering Administrator SUBJECT: 2ndAmUSR-726, Ralph Nix Produce In responding to your email requesting release of collateral, the Weld County Public Works Department was requiring that additional clean out and deepening of the retention pond was necessary to accommodate storm water run-off for the entire site. I visited the site on June 5, 2007, for verification of improvements to the retention pond. The re-location of the entrance is complete. During the site investigation, it appeared that the landscaping items were in place. Additional verification by Planning Services prior to release of collateral should be required. pc: 2nd AmUSR-726 M:\PLANNING-DEVELOPMENT REVIEW\USR-Use by Special Review\2nd AmUSR-726 Collateral.DOC Memorandum TO: File 2nd AmUSR-726 DATE: June 7, 2007 FROM: Brad Mueller COLORADO Department of Planning Services RE: Landscaping inspection I visited the site on June 7, 2007, to \erify the status of the landscaping elements of the Improvements Agreement. The landscaping has been planted according to the requirements of the USR exhibit and Improvements Agreement, and an adequate irrigation system appears to be in place. All of the newly-planted landscaping was alive and viable. 1 Page 1 of 1 Brad Mueller From: Ron [Ron@maceq.com] Sent: Monday, June 04, 2007 1:05 PM To: Brad Mueller Subject: FW: McCrimmon Alliance From: Ron [mailto:Ron@maceq.com] Sent: Wednesday, May 16, 2007 7:16 PM To: 'bmueller@co.weld.co.us'; Tiffane Johnson' Subject: McCrimmon Alliance Hello Brad, I have been talking with Tiffane at Landmark about the release of escrowed funds for completion of landscape improvements. The retention pond and all landscaping have been completed per the plans that were submitted to Weld County with one change. The width of the burm had to be narrowed per instructions from the inspector of the gas line. We have now almost completed the remodel of the residence on the property which will be occupied by our employee. Once he establishes his residence the grass will be planted and maintained. I believe this completes the requirements and request release of funds held by Weld County. It's been about a year now since this started, I will not miss you guys but Thank You for your extra efforts and guidance. Thanks, Ron 06/04/2007 Clear Day Page 1 of 1 Donna Bechler From: Brad Mueller Sent: Monday, June 11, 2007 8:39 AM To: Donna Bechler Subject: RE: Release of Collateral for Ralph Nix Produce O /� �l� Attachments: Collateral accept memo to BCC 2.doc 1/ Donna, When the collateral was set up, the applicant specifically requested that the collateral go to RCJC, LLC, which is reflected in the attached memo. My understanding is that the three parties set up this agreement at the time of the land sale. I think they did it this way because the previous owner still had liabilities in conjunction with the land sale at the time, but made arrangements with the new owner to get the proceeds. When the collateral was set up, this wasn't noted as a problem, and I think that we even checked if this would be okay. I'm not even sure if Mc Crimmon Alliance is still a viable company. However, I'll give you a call to see if there are any options, and if there aren't, then I'll go back to the owners and see what the implications for them are. Thanks, Brad From: Donna Bechler Sent: Monday, June 11, 2007 8:28 AM To: Brad Mueller Subject: Release of Collateral for Ralph Nix Produce Good morning, Brad, I received your memo stating we are ready to release collateral to Ralph Nix Produce and your memo indicated the check should be issued to RCJC, LLC. When we received the collateral, we were given two checks, one from Mc Crimmon Alliance, for$605.00 and the other from Security Title, for$12,100.00. Since that's the way the Accounting department entered them into the Trust Account, they will also need to return the money in the same manner. They will need to issue two checks, one to Mc Crimmon Alliance, and the other to Secutity Title. I hope this doesn't cause any problems. Thanks, Donna 6/11/2007 CLERK TO THE BOARD PHONE (970) 336-7215, Ext. 4225 '1104I I1;1 FAX: (970) 352-0242 P. O. BOX 758 CGREELEY, COLORADO 80632 • COLORADO June 18, 2007 RCJC, LLC ATTN: SHELLEY MCCRIMMON 3907 14TH STREET SW LOVELAND CO 80537 RE: Cancellation and release of Collateral Shelley; On June 18, 2007, the Board of County Commissioners approved the cancellation and release of collateral for 2nd Amended USR #726, in the amount of $12,705.00, as referenced above. Enclosed is the Weld County warrant in the amount of $12,705.00. 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: onna J. Bech r Deputy Clerk to the Board o?B07-/`27 *old Counb.CYIO�WO µ.µ,� WAAAAIR HUMMER '321939 SDIVDICBNtitnta. INVOICE -2 DIA.DTCBv : �0! 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