HomeMy WebLinkAbout20060422.tiff RESOLUTION
RE: APPROVE PARTIAL CANCELLATION AND RELEASE OF COLLATERAL FOR
PLANNED UNIT DEVELOPMENT FINAL PLAN, PF #1020 - WAKE, LLLP, C/O
CLIFFORD CLIFT AND PAUL CLIFT
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 March 30, 2005, the Board approved the application of
Wake, LLLP, do Clifford Clift and Paul Clift, 2001 Fern Avenue, Greeley, Colorado 80631, for
22 residential lots and 32 acres of common open space on the following described real estate,to-
wit:
Lot 15C, Fourth Replat of Gilbaugh's Appaloosa
Acres; being part of the W1/2 of the SW1/4 of
Section 33,Township 7 North, Range 65 West of 6th
P.M., Weld County, Colorado
WHEREAS,pursuant to certain Conditions of Approval,the Board has been presented with
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 Wake, LLLP,do Clifford Clift and Paul Clift,with terms
and conditions being as stated in said agreement, and accepted Irrevocable Letter of Credit#305
from Centennial Bank of the West, 270047th Avenue,Greeley,Colorado 80634, in the amount of
$260,076.45, and
WHEREAS,staff from the Weld County Departments of Planning Services and Public
Works have conducted a visual inspection and recommend release of a portion of said collateral,
in the amount of$244,708.45.
WHEREAS,the Board has been presented with a letter from Centennial Bank of the West,
modifying Letter of Credit#305,effective January 26,2006,thereupon reducing the amount of credit
available for draw by Weld County to $15,368.00.
NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of Weld
County,Colorado,that Irrevocable Letter of Credit#305,drawn on the Centennial Bank of the West,
in the amount of$244,708.45 be,and hereby is, partially canceled and released,with the remaining
balance being $15,368.00.
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.
MINI VIII VIII 1111111 11111 III 1111111 111 1111111II IIII
3367560 03/03/2006 11:47A Weld County, CO
1 of 2 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 2006-0422
PL1245
�� : Pt-, tE3 .vs ��
CANCEL COLLATERAL - WAKE, LLLP, C/O CLIFFORD CLIFT AND PAUL CLIFT
PAGE 2
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 8th day of February, A.D., 2006.
1E IQ OARD OF •UNTY COMMISSIONERS
1E D Cs TV, COLORADO
ATTEST: Add i I O 'IV
J. rile, Chair
Weld County Clerk to the B�.�" i
till/ ��� ��� � rrit
'� David E. Long, Pro-Tem
BY:
puty Ck to the Boar
WHl \Jerke
A DAST c��� x
Robert D. Masd
o "nty Att ney 4 4
Glenn Vaad -----
Date of signature: 7-121/44
11111111111111111 111111111111 III 1111111 III 11111 IIII IIII
3367560 03/03/2006 11:47A Weld County, CO
2 of 2 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
2006-0422
PL1245
CENTENNIAL
Bank of the West
February 3, 2006
Clerk to The Board of Trustees
Weld County
915 10a Street
Greeley, CO 80631
Re: Letter of Credit#305
Appaloosa Acres Estates Subdivision
Dear Sir:
This letter is notification to you that Centennial Bank of the West has modified Letter of
Credit#305, effective as of January 26, 2006. The amount of credit available for draw by
the Beneficiary (Weld County)has been reduced from $260,076.45, to $15,368.00. The
$15,368.00 includes $10,368.00 as warranty collateral for the street improvements and
$5,000.00 earmarked to cover non-transportation items. The maturity of the Letter of
Credit has been reset to January 26, 2007, which will conform to the expiration of the
Warranty Period for the street improvements. All other terms and conditions of the
Letter of credit remain intact.
Please contact the undersigned if there are any questions. Thank you.
Singerel ,
Christoph r W. Jeavons
Regional President
CJ/
ray' d'Yn�ra2 ✓� qi� l'�'`7^£'"r4°'*"%rA, Fl M r
'€[�<.':E >"f +'�fim �/ 'r k , G„y p4 Ana r'/' H"r'"�" mRc+`�'� x� Sys
:ta s d q x °� 0)454- f 1 . ax: ,40,a Y-4 yNlu'fj f en,nn Fhb'
,.r. ,r,�s u,.��� u � �„ A10�y�$'0 " '} �.' Z -�� �� � 7 `J 7 W1�'W CCQLCAA16�b¢ 2006-0422
asm�f"" taa r% r �rq� uv6 � {G%r{fr r ru ayn ti J/�M
,u6, f3�urai�.m:ue ns,,,tl .".<M ikSa.. :a:.✓emd', �� a,,,/.„...,/5.� i:3`k�/c,<,N ..iur^ ^u$'i,-, ✓fl✓:,,,,..v ......fd ,...,...._ .�.,,,., ._,_. .-_.....,__...—..._
MEMORANDUM
To: Board of County Commissioners
COLORADO Date: February 6, 2006
From: Kim Ogle, Planning Manager\Cb •
Subject: Release of Irrevocable Letter of Credit# 305
Centennial Bank of the West
for Appaloosa Acres Estates PUD
Case number PF-1020
Clifford and Paul Cliff, Applicants
On January 20, 2006 the Weld County Department of Public Works performed a site
inspection of the transportation portion of Exhibit A, for Appaloosa Acres Estates PUD, case
number PF-1020. Peter Schei in his electronic mail dated January 23, 2006 states that all
transportation related items have been completed.
In the Improvements Agreement, Item Nos. 8.1.5 and 8.1.6, it states that fifteen (15) percent
shall be retained for a period of one year. At the end of one year and if no distress or repairs
are needed to the asphalt, the fifteen (15) percent collateral ($10,368.00) dollars for the internal
roads shall be released.
On January 26, 2006, the Department of Planning Services performed a site investigation of the
completed improvements for Appaloosa Acres Estates PUD at the request of the applicant.
The Department of Planning Services determined that all non-transportation items associated
with this PUD have not been completed. Visual inspection noted that the pedestal mailbox
structure has not been installed, the erosion control silt fences have not been removed and
there is no evidence that the dryland seed mix has proved to be viable although it has been
drilled in-situ a second time. Given this circumstance, the Department of Planning Services
recommends retaining five thousand (5000.00) and no/100s dollars until the non-transportation
related items are installed and approved by this office.
Therefore, the Department of Planning Services and Department of Public Works recommend
that two hundred sixty thousand seventy-six (260,076.00) dollars and 45/100s, for the
Irrevocable Letter of Credit# 305 from the Centennial Bank of the West be released. Staff's
recommendation is to release the collateral, in the form of an Irrevocable Letter of Credit. This
release is conditioned on the posting of a new form of collateral by the applicant.
The applicant has submitted a new Irrevocable Letter of Credit for fifteen thousand three
hundred and sixty-eight and no/100s (15,368.00) dollars for replacement collateral. Department
of Public Works and the Department of Planning Services, have determined that the amount of
the agreement will be sufficient to complete the work required for Appaloosa Acres Estates
PUD, and the Department of Planning Services recommends acceptance of this agreement.
SERVICE,TEAMWORK,INTEGRITY,QUALITY
;E
32
PS
Hi
E ( _ is
a ' I - 11 I a cy
r p' 'l 1s 0on
i F f7,3'2z i
9 / ,,/, -- m:" ,
f �,
l:q /i �f<
is
y
.
ihiiliiilli1 {'1 :y 7. 4. e y" I
r
IWIIWIIir ,
s�, Eq _ I
_..
iiiiiiiii � r i 1 >
Miliiiiliill� I ,1 z8 0
0
iii di d t i f , D
landfill
/ / rO
uiIONO 5 j r
/ ; 0 0
}, P ' m
I — , W
i 1 Cr 1 - „ 9
1 l — % / �— 1 O ` C
^
. �t �, I �. O
I ; N
� r 1
Io- r
I u
---. "/ iI '-- 1 I' 1- n . 5':i
24 1
INSPECTION DETERMINED . F_ ..
VISUAL •.wca a,lr kV!n7
FENCING, GRADING, STREET AND SHOULDERS IN-SITU
BUS SHELTER IN PLACE, NO SIGN-OFF FROM RE-2,
DEVELOPMENT SIGN IS IN PLACE.
SILT FENCES, STRAW BALES AND OTHER EROSIONARY CONTROL DEVICES HAVE NOT BEEN
REMOVED. NO VISUAL EVIDENCE OF A VIABLE SEED MIXTURE, NO MAILBOX STRUCTURE__
-
- " FREESE ENGINEERING APPALOOSA ACRES ESTATES P.U.D.
CHANGE OF ZONE
v I , 0 ..
Notebook Stationery Page 1 of 2
Kim Ogle
From: Peter Schei
Sent: Monday, January 23, 2006 4:42 PM
To: Kim Ogle
Cc: Tracy Dyer; Josh Holbrook; Matt Dixon; Dean Dreher
Subject: PF=1020 Appaloosa Acres Estates PUD
Importance: High
Good Afternoon, Kim:
Public Works has been requested to release any remaining Collateral for items pertaining to Public Works by the
applicant, Clifford Clift.
Upon inspection by our staff, Public Works is in acceptance of the release of all Collateral for items
pertaining to our department, except for the paving warranty.
Additionally, Public Works has accepted AS-BUILT plans for the said development and will retain the plans in our
files.
The only item to remain in Collateral for this project should be the 15% PAVING WARRANTY MONIES for Public
Works.
Please schedule release of collateral monies (except for paving warranty), if it has not already been
accomplished.
The Department of Public Works closes this project and will inspect the pavement following the end of the
warranty period.
Finally, Public Works will add the interior roadway to our GIS system and pavement management. [Matt& Dean,
please see Josh for As-Built plans.]
(Since Public Works has no record of the applicant's email address or the engineer's email address, we
respectfully request that they be contacted with this information.)
If you have any questions, please contact our office.
Thank you in advance for your support and help, Peter.
Peter SCHEI,P E.,N.S.PE.
Weld County- Public Works Department
1111 -H Street,Greeley,CO 80632
970.356.4000 x3750
pschei@caweld.co.us
"Welcome Home -to Weld County"
From: Tracy Dyer
Sent: Friday, January 20, 2006 2:43 PM
To: Josh Holbrook; Peter Schei
Subject: RE: Appaloosa Estates PUD (PF-1020)
Thanks Josh...
From: Josh Holbrook
Sent: Friday, January 20, 2006 2:22 PM
To: Peter Schei
01/24/2006
Notebook Stationery Page 2 of 2
Cc: Tracy Dyer
Subject: Appaloosa Estates PUD (PF-1020)
Good Afternoon Peter:
The applicant, Clifford Cilft, has requested partial release of Collateral for the remaining items
pertaining to Appaloosa Estates PUD (PF-1020)
Mr. Clift has resubmitted AS-BUILT plans and letters of substantial compliance from the appropriate
utility company, confirming everything relating to Public Works' has been completed to out satisfaction.
I have placed the As-Built plans, letters of substantial compliance and material testing results in the
Appaloosa folder. If you have any question let me know.
(Paving was completed on 6-25-2005)
Joshua Holbrook
Engineer Tech I
(970) 304-6496 ext. 3745
Fax: (970) 304-6497
Mobile: (970) 301-2622
jholbrookOco.weld.co.us
01/24/2006
( 'it
CLERK TO THE BOARD
PHONE (970) 336-7215, Ext. 4225
FAX: (970) 352-0242
P. O. BOX 758
O GREELEY, COLORADO 80632
COLORADO
March 9, 2005
Wake, LLLP
c/o Clifford Clift and Paul Clift
2001 Fern Avenue
Greeley, CO 80631
RE: Partial Cancellation and release of Collateral
To Whom It May Concern:
Attached hereto please find a copy of the Board of County Commissioner's Resolution approving
the partial cancellation and release of collateral, as referenced above. The Modified Letter of
Credit was accepted from Centennial Bank of the West, 2700 47th Avenue, Greeley, Colorado
80634.
If you have questions or need additional information, please do not hesitate to contact me at (970)
356-4000, Extension 4217.
Very truly yours,
Carol A. Harding,
Deputy Clerk to the Board
Hello