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Home My WebLink About20063163.tiff RESOLUTION 975 RE: APPROVE CANCELLATION AND RELEASE OF COLLATERAL FOR PLANNED UNIT DEVELOPMENT FINAL PLAN, PF #1045 - HIGHLAND ACQUISITION GROUP, 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 June 10,2005,the Department of Planning Services staff approved the application of Highland Acquisition Group, LLC, c/o Robert Kelsey, 6297 South Potomac Way, Centennial, Colorado 80111, for a PUD Final Plan, PF #1045 on the following described real estate, to wit: Lot B of Recorded Exemption #3105; being part of the N1/2 NW1/4 of Section 5, Township 1 North, Range 68 West of the 6th P.M., Weld County, Colorado, and WHEREAS, on August 15, 2005, the Board of County Commissioners of Weld County, Colorado, approved an Improvements Agreement According to Policy Regarding Collateral for Improvements(Public Road Maintenance)for Highland Farms PUD between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Highland Acquisition Group, LLC,with terms and conditions being as stated in said agreement,and accepted check#1273, in the amount of $362,426.55, and WHEREAS, staff from the Weld County Department of Public Works conducted a visual inspection and recommended partial release of said collateral, in the amount of$335,357.95, plus interest;retaining$8,826.00 at the request of the Department of Planning Services and$18,242.60 at the request of the Department of Public Works, and WHEREAS, on March 15, 2006, by Resolution #2006-0812, the Board of County Commissioners approved partial release of said collateral in the amount of $335,357.95, and WHEREAS, staff from the Weld County Department of Planning Services conducted a visual inspection and recommended partial release of said collateral, in the amount of$8,826.00; retaining $18,242.60 at the request of the Department of Public Works, and WHEREAS, on May 10, 2006, by Resolution #2006-1327, the Board of County Commissioners approved partial release of said collateral, in the amount of $8,826.00, and WHEREAS, staff from the Weld County Department of Public Works has conducted a visual inspection and recommends release of remaining collateral, in the amount of$18,242.60, plus interest, and WHEREAS, upon recommendation of staff, the Board deems it advisable to release remaining collateral. 1111111111111111111111 finning III 11111 IIII IIII 2006-3163 PL1743 3437975 11/29/2006 02:14P Weld County, CO /2-4-O6 1 of 2 R 0.00 D 0.00 Steve Moreno Clerk& Recorder L'C n(0-40 '4 ,PG() CANCEL COLLATERAL - HIGHLAND ACQUISITION GROUP, LLC PAGE 2 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that collateral, in the amount of $18,242.60, plus interest 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. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 15th day of November, A.D., 2006. BOARD OF COUNTY COMMISSIONERS WELjUNCOLO RADO ATTEST: a4 / i e, Chair Weld County Clerk to the dtti ; ' ,3 EXCUSED L • �'e -`' David E. Long, Pro-Tem BY: 1 , D uty CI to the Board 1,„/ Willi H. Jerke APPROVED AS TO FORM: a;\• Ma de y 0 tyA ytl� t c CCFi „Cr- Atto y Glenn Vaad Date of signature: it 2�3 �� 11111111111111111 �� 11111111111 III HII1111IIII 3437975 11/29/2006 02:14P Weld County, CO 2 of 2 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 2006-3163 PL1743 • MEMORANDUM TO: Esther Gesick, Clerk to the Board DATE: 08-November-2006 W FROM: Peter Schei,P.E., Public Works Department COLORADO SUBJECT: PF-1045 Highland Farms PUD(Final Plat) collateral release 2 Weld County Public Works Department has reviewed collateral materials and has the following development referral comments. Comments ❑ Robert Bulthaup, the applicant, has submitted an email (see attached) dated October 31s`, 2006 to Public Works requesting release of warranty collateral for Highland Farms PUD(PF-1045). ❑ Public Works' Field Inspector, Kelly Jenkins, has submitted an email dated November 08'", 2006 stating compliance with approved construction plans, specifications, and warranty period. The following was noted: o Erosion Control devices are in-place and it is recommended that such devices remain until sufficient growth of native seeding is established. It is my recommendation that Weld County will not be responsible for the removal of such devices within the Right-of-Way of PF-1045. Thus, responsibility shall be placed with the owner of PF-1045 or an established HOA for Highland Farms PUD to remove all erosion control devices at such time that native seeding is established. o A single strand of barbed wire fence attached to two green t-post stakes blocks off emergency access road within Right-of-Way. Due to ineffectiveness of such structure it is my recommendation that Weld County will not be responsible for maintenance of such structure. o Removal of the original maintenance road access drive onto State Highway 52 has not been completed to satisfaction. Access drive was removed at time of initial inspection and has since been re-established and is currently being utilized. ❑ Weld County Public Works has inspected infrastructure and recommends the release of all collateral monies identified in "Exhibit A"of the Improvements Agreement—associated with our Department(transportation). o The total amount of collateral estimated with Public Works is $18,242.60. ❑ All other non-transportation items should be verified by Planning Services prior to release. ci The Clerk may schedule the release of warranty collateral with the Board of County Commissioners with no concerns from Public Works. Please notify our office with the hearing date scheduled for release. Recommendation ❑ The Public Works Department recommends the release of warranty collateral as directed above for this development. The Oletk may proceed,with no restrictions by Public Works.' t PC:PF-1045 Highland Farms PUD(Final Plat)collateral release 2 ti Email&Original:Planner:Esther Gesick CC:Planner:Jacqueline Hatch PC by Post: Applicant:Robert Kelsey w/Peak Civil Consultants,Inc. PC by Post: Engineer:Peak Civil Consultants.Inc. — -- Page 1 of 2 2006-3163 From: Rob Bulthaup [mailto:rob@bulthaup.org] Sent: Tuesday, October 31, 2006 12:44 PM To: Peter Schei Cc: Jacqueline Hatch; JSBOU76@aol.com Subject: Release of Collateral on Highland Farms PUD Peter, On October 11 I sent you a letter requesting final release of collateral on my Highland Farms PUD (PF#1045). I copied Jacqueline Hatch and Donna Bechler on the letter as well. I spoke with Donna today and she said she had not heard anything on this yet. Can you let me know where we stand? Thx. Rob Bulthaup Page 2 of 2 MOWS Acquisitions aaar,LLC do Babel tL Batekmp 6297 S.Potomac Way Bo$ewoo4 co 80111 Email—rat a()butluop.ag Highland Acquisition Group, LLC October 11,2006 Weld County Public Works Department Attu:PS Schei 1111 H Street Greeley,CO 80632 Re: Improvements apeanent Highland Fatms PUD Final Plan PF#1045 Dear Peter, This letter will save as our formal Request t r final Release of Collateral per Section 6.3 of our Improvements Agreema t for Highland Farms PUD PP#1045,dated August 15,2005 and approved by the Board of County Commissioners on August 19,2005.Pa your mono of February 27,2006 to Jacqueline Hatch at planning,Public Warts requested re.endon of collateral in the amount of $18,242.60 for sheet improvements and repairs.The time period for partial=tams has expired and all repairs have been completed.Kelly Jenkins with your department has reviewed the improvements aid repent am I believe has recommended acceptance of the improvements.his requested that Public Worts mmmmend acceptance of the improvements end release of the constant fluids.Once approval is received from Public Worts,we request die Board of ounty Commissioners release die collamai,with interest for the project. siooady, Robert M.Bubhaup,Manager Highland Acgidsidon Group,LLC Cc: Jerry Bouldin ere Hatch,Weld Comity Planning Beater,Clerk to the Board Page 1 of 1 Esther Gesick From: Rob Bulthaup [rob@bulthaup.orgj Sent: Tuesday, November 14, 2006 10:57 AM To: Esther Gesick Subject: Highland Farms Collateral release I understand the release of the warranty collateral for Highland Farms PUD (PF#1045) is on the agenda for tomorrow's Board meeting. I'm going to be out of town on business and will not be in attendance. As a reminder, the release should include interest from the date of deposit. Check should be made out to— Highland Acquisition Group, LLC do Robert Bulthaup, Manager 6297 S. Potomac Way Centennial, CO 80111 It there is anything further you need, please feel free to contact me at 303-748-9445. Robert Bulthaup, Manager Highland Acquisition Group, LLC. 11/15/2006 Page 1 of 1 Esther Gesick From: Rob Bulthaup [rob@bulthaup.org] Sent: Tuesday, November 14, 2006 10:57 AM To: Esther Gesick Subject: Highland Farms Collateral release I understand the release of the warranty collateral for Highland Farms PUD (PF#1045) is on the agenda for tomorrow's Board meeting. I'm going to be out of town on business and will not be in attendance. As a reminder, the release should include interest from the date of deposit. Check should be made out to— Highland Acquisition Group, LLC do Robert Bulthaup, Manager 6297 S. Potomac Way Centennial, CO 80111 It there is anything further you need, please feel free to contact me at 303-748-9445. Robert Bulthaup, Manager Highland Acquisition Group, LLC. /3 ,> L�"7, - 7 `c` G,o5 0(af3.cob os cik9 & bmt I8?-a_too 05 -tiziAL vim -Vc Z62e el / ;1 D /• f�421- C 1/2)1 ly ////r<-5W " 11/15/2006 Highland Aquistions Avg Annual annual Monthly Fed Rate 27,068.60 18,242.60 Months Rate Interest Interest Jul05 3.25% Aug 05 3.25% Sep 05 3.50% Oct 05 3.75% Nov 05 4.00% Dec 05 4.00% Jan 06 4.25% Feb 06 4.50% Mar 06 4.50% Apr 06 4.75% 39.75% 10 0.03975 1075.977 89.66474 896.65 May 06 4.75% Jun 06 5.00% Jul 06 5.25% Aug 06 5.25% Sep 06 5.25% Oct 06 5.25% 70.50% 16 0.0440625 803.8146 66.98455 19,314.35 20,211.00 `n\ceceak 1St.0So4O 3331359 1- \‘......\ � -o Bt 526 + //// L 34 'T' ORY-WELLSFAR T BANK' �eh-j,�, 0 . 0325 + !r/Target T rget Amt. rec'd �(X1 0 • 0325 + .ate //Fed Fund Fe Fund vs. FF Rate 0 • 035 + Received" // Rate plu 65 BP plus 65 BP Year 2005 0 • Y0375 + January 2.90% ,'l o0 2.25% 2.90% - 0 • 04 + February 3.03% f}0 p - 2.25% 2.90% 0.13 u • 04 + March 3.15% .“ 2.50% 3.15% - O • 0425 + April 3.65% 206 2.75% 3.40% 0.25 0 • 045 + May 3.65% / 2.Oa 2.75°/o 3.40% 0.25 0 • 3D5 - * June 3.75% /.7?3.00% ¢ 3.65% 0.10 July / 4.02% ',pa %' 1 3.90% 0.12 August $'(`3/0 S 3.90°k /5'U 3.25% 3..90% _-_. - 0 • 305 j % September 4.40% j 7' 3.50% { 4.15% 0.25 01 Atr(•f5 B • = October 4.65% i o p 3.75% 4.40% 0.25 0 • 033125 * November 4.65% IC 4.00% 4.65% - December 4.65% 9f 4.00% 4.65% - Year 2006 • 0 • 038125 x January 4.65% -CI:,4.25°/ 4.90% (0.25) 335 ' 357 • 95 = February 3�3��uy� 5.15% s24.50°� 5.15% - 121785 . 52184 * March tar 121785 . 52184 May June Morn 5 1 2 . ' = July 1 ' 065 . 46J153 * August September 1 . 065 - 460153 x October O2 — 3 zl `n' = November S B December / 1.-S6 8 [ 523 - 691224 3 71 — t y,Lit a "- Represents actual Fed Fund rate plus 65 BP which is rate relected in Overnight Fur k O- i ___ ___ .... _. ___._ ,sm, 122,44e...47 3....i -.lc " vc -2' - - ttQ CLERK TO THE BOARD PHONE (970) 336-7215, Ext. 4225 FAX: (970) 352-0242 P. 0. BOX 758 O GREELEY, COLORADO 80632 COLORADO December 4, 2006 Highland Acquisition Group, LLC Go Robert Bulthaup 6297 South Potomac Way Centennial, Colorado 80111 RE: 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 cancellation and release of collateral in the amount of $18,242.60, as referenced above. Enclosed is the Weld County Warrant, plus interest of$1,968.40, in the amount of$20,211.00. 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 By: onna J. Be ler Deputy Clerk to the Board Wald county.cmaraao WARRANT MUUB(A 3204679 INVOICE NUMBER ItVOICE INVOICE DISCOUNT OR ADDITIONAL NET OR-REFERENCE DATE AMOUNT DEDUCTIONS AMOUNT AMOUNT 2006-3163 11/21/06 20,211 .00 .00 .00 20,211 .00 I + -- REMOVE DOCUMENT ALONG THIS PERFORATION THIS DOCUMENT IS PRINTED IN TWO C?!DRS.I)O NOT ACCEPT UNL,ESS BLUE AND BROWN AP°PPE' N* I i , r re . O az Al, xl114it NumBFIL 3204679 By Order Of The Board Of County Commissioner 7 0 T JF 4OMIES ThE r?EB SL ! P.O.r Box 758 4,,A0P I {t,)11i RF 0R ANTI N r GRFF1A Y, CCIsss o2az • y.�t� C•HAR E CTaI , : • -- .r LORADO '(r . Q (970)356-4000 FAX:(970) PAY EXACTLY , I pel ' :' .7`: RkASURL1 x ¢5 ., r:;* Al', _ $****20,211.00 Or SAID COUNTY DATR 11/28/06 iL e_ VOID[r NOT CASHED II- DAYS a TWonty TLaazod'TWglludtob E1a.ca,Dollus Aud No Ccute a.PAY TO THE ORDER OF "1:,..e..._".' ',•- - r✓ •... 4 •1: - •F %SSrx HIGHLAND ACQUISTION,GROUP,LLC .4"+r +* ,��,. .., i...: `C+u � ATT1N:ROBERT BULTHAUP,MANAGER: =,, ..".'es-, ' .'�r4`a 4, ~ , , 6297 SOUTH POTOMAC WAY. ,Q.�`; L.,�� "'�. CENTENNIAL CO80111 ' ` .t'"I .. n .Ice• .:J;.." o .r..�:m•.>^• h. C: •K OF THE B.ART ... II' 3 20 LIE, 7911■ ': LO 2 L009 Lai: 80 L 270084811' Hello