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Home My WebLink About20061853.tiff RESOLUTION 3� RE: APPROVE CANCELLATION AND RELEASE OF COLLATERAL FOR PLANNED UNIT DEVELOPMENT FINAL PLAN, PF #604 - DARREL ADOLF AND DELMER ZIEGLER 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 August 24, 2005, the Board of County Commissioners approved the application of Darrel Adolf and Delmer Ziegler, 210 North 55th Avenue, Greeley, Colorado 80634,fora Planned Unit Development Final Plan, PF#604,for six(6)residential lots and one (1)Agricultural Outlot on the following described real estate, to wit: Lot C of Recorded Exemption#2940;being part of the NE1/4 of Section 29, Township 9 North, Range 67 West of the 6th P.M., Weld County, Colorado, and WHEREAS, on January 4, 2006, the Board of County Commissioners of Weld County, Colorado, approved an Improvements Agreement According to Policy Regarding Collateral for Improvements (Private Road Maintenance) for Antelope Estates Planned Unit Development, between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Darrel Adolf and Delmer Ziegler with terms and conditions being as stated in said agreement, and accepted Irrevocable Letter of Credit#324, drawn on the New Frontier Bank, 1130 Main Street,Windsor,Colorado 80550, in the amount of$33,116.67,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 Antelope Estates PUD,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 the Irrevocable Letter of Credit#324,drawn on the New Frontier Bank, 1130 Main Street,Windsor,Colorado 80550,in the amount of$33,116.67 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. 111111111111111111111111111111111111111111111111111111 3409352 08/04/2006 02:47P Weld County, CO 1 of 2 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 2006-1853 PL1733 C R Fx CoC3�, PL 4,44 ��08---dc- CANCEL COLLATERAL - DARREL ADOLF AND DELMER ZIEGLER PAGE 2 The above and foregoing Resolution was,on motion duly made and seconded,adopted by the following vote on the 10th day of July, A.D., 2006. BOARD OF C UNTY COMMISSIONERS E La WELD CO Y, COLORADO ATTEST: L el/ s6' Geile, Chair Weld County Clerk to the , �, 4 C Ceti ^��c ?:1"N. David E. Long, Pro-Te BY: ei1i 'T Ls:et_ .. Dep Clerk 'el the Board > 1� Willis . Jerke AP O DA • A _ 1\1\P— Rob `� Masden oun orney � �ydd� 1 belte Glenn Vaad Date of signature: 1 Iii IUt 1 111111 11111 VIII VIII 111111 Pill 1111111 III VIII IIII llll 3409352 08/04/2006 02:47P Weld County, CO 2 of 2 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 2006-1853 PL1733 fetes MEMORANDUM TO: Board of County Commissioners hiDe COLORADO FROM: Brad Mueller, Assistance Director DATE: July 5, 2006 SUBJECT: Release of Collateral for PF-604 (Antelope Estates PUD) On January 4, 2006, the Board of County Commissioners approved collateral in the form of an Irrevocable Letter of Credit the amount of$33,116.67 for PUD Final Plat PF-604 (Antelope Estates PUD, Ziegler as owners). Collateral covered the following items: Site grading $ 1,777.78 Street base $ 8,888.89 Culverts $ 750.00 Survey and street monuments and boxes $ 2,000.00 Landscaping $ 500.00 Electric $18,000.00 Engineering and supervision $ 1,200.00 Total Estimated Cost of Improvements $ 33,116.67 After review of the site it has been verified that all improvements have been completed and the Department of Planning Services recommends that the full amount of collateral be released. SERVICE,TEAMWORK,INTEGRITY,QUALITY 2006-1853 a MEMORANDUM ' .TO: Brad Mueller,Assistant Planning Director DATE: 19-June-2006 Wt FROM: Peter Schei, PE.,Public Works Department COLORADO SUBJECT: PF-0604 Antelope Estates PUD(Final Plat)Collateral Request Weld County Public Works Department has reviewed final plan materials submitted to our office and has the following development referral comments. Comments ❑ The Public Works Department has received a letter from the applicant, Mr. Darrel Adolf, requesting release of collateral for on-site improvements pertaining to PF-604 Antelope Estates PUD in a letter dated June 09,2006. o Public Works' field inspectors have noted excellent work completed on this subdivision. o Public Works has received the Record Drawing(As-Built)from the engineer for County records and shall keep this in the case file for our records. The Department accepts this Record Drawing. o Public Works has inspected infrastructure associated with this Department and recommends the release of all collateral monies associated with said on-site improvements. ❑ Planning may schedule the release of collateral with the Clerk with no concerns from Public Works. ❑ Please note Mr. Adolf's new address: 210 North 55th Avenue, Greeley, Colorado 80634. o Phone#(970)231-6673 Recommendation ❑ The Public Works Department recommends the release of collateral as directed above for this development.•PC:PF-0604 Antelope Estates PUD(Final Plat)Collateral Request Email&Original:Planner:Brad Mueller PC by Post: Applicant:Darrel Adolf PC by Post: Engitecr:DMW Civil Engineers ..,......,..�.k„r..a.:,.,..,« Page 1 of 1 — Page 1 of 3 Donna Bechler From: Brad Mueller Sent: Thursday, July 06, 2006 8:38 AM To: Donna Bechler Subject: FW: PF-604 Antelope Estates PUD Here's the request from the applicant. From: Darrel Adolf[mailto:ecrealty@frii.com] Sent: Monday, June 26, 2006 9:09 AM To: Brad Mueller Subject: Re: PF-604 Antelope Estates PUD Brad: thanks, Darrel On Jun 26, 2006, at 7:13 AM, Brad Mueller wrote: Darrel, I understand you to mean that you would like the collateral released. If that is the case, I am working on getting that done through the Board, and will be back in touch. Thank you, Brad From: Darrel Adolf[maifto:ecrealty@frii.com] Sent:Tuesday, June 20, 2006 9:54 AM To: Brad Mueller Subject: Fwd: PF-604 Antelope Estates PUD Brad, I have been working with Public works to finish up the Antelope Estates PUD. I know that you Dept is very busy, but I was wandering is it possible to pickup the Collateral Letter? Darrel Adolf Begin forwarded message: From: "Peter Schei"<psahei@co.weld.co.us> Date:June 19,2006 9:03:05 AM MDT To: "Darrel Adolf'<ecrealty©frii.com> Cc: "Josh Holbrook"<Jholbrook@co.weld.co.us>,'Tracy Dyer"<TDver@co.weld.co.us>,"Brad Mueller'<bmueller@co.weld.co.us> Subject: RE: PF-604 Antelope Estates PUD Good Morning, Mr. Adolf: My apology for the late reply ... we have had several requests. Thank you for your commitment and cooperation with Public Works in the completion of the on-site infrastructure. Public Works will be sending out a memorandum to the Planning Department seeking 7/6/2006 Page 2 of 3 release of collateral monies pertaining to infrastructure our Department has verified. Have a nice day, Peter. P.S. Your Planner(Sheri Lockman) is no longer with the County, so please follow up with Mr. Brad Mueller, Assistant Planning Director. Peter SCHEI,P.E.,NSP.E. Weld County-Public Works Department 1111 -H Street,Greeley,CO 80632 970.356.4000 x3750 pschei@co.weldco.us "Welcome Home - to Weld County" From: Darrel Adolf[maifo:ecrealty@frii.com] Sent: Friday, June 16, 2006 10:52 AM To: Peter Schei Subject: Fwd: Antelope Estates PUD (PF-604) Dear Peter: Just wandering about my "Letter of Credit",when can I pick it up? Darrel Begin forwarded message: From: "Josh Holbrook"<Jholbrook@co.weld.co.us> Date:June 12,2006 2:59:41 PM MDT To: "Peter Schei"<pschei@co.weld.co.us> Cc: "Tracy Dyer"<TDver@co.weld.co.us>,"Darrel Adolf'<ecrealty©frii.com> Subject:Antelope Estates PUD(PF-604) Peter: The applicant, Darrel Adolf,has requested release of his Collateral for the items pertaining to Antelope Estates PUD (PF-604) Mr. Adolf has submitted AS-BUILT plans and letters of substantial compliance from the appropriate utility company, confirming everything relating to Public Works' has been completed to our satisfaction. He has also submitted a written letter to Public Works requesting the release of at collateral. I have placed the As-Built plans, letters of substantial compliance, material testing results and his letter in your mail box. Mr. Adolf wanted to know if planning has his new address, if they don't it is listed below. If you have any question let me know. Darrel Adolf 210 N. 55th Ave. Greeley, Co 80634 7/6/2006 Page 3 of 3 Phone# (970) 231-6673 Joshua Hoblrook Engineer Tech I Phone: (970)356-4000 Ext. 3750 Mobile: (970)301-2622 jholbook@co.weld.co.us 7/6/2006 Ob yO� 5 L 5ti ti �� yb NEW FRONTIER BANK O sit ati� cs e 0 10 ti e 4� co (AV IRREVOCABLE LETTER OF CREDIT#324 a se4 Darrel Adolph Dated: December 22, 2005 Expires: June 21, 2006 Number: 324 Board of County Commissioners: The Letter of Credit shall be in the amount of$33,116.67. The Letter of Credit shall provide for payment upon demand to Weld County if the developer has not performed the obligations specified in the Improvements Agreement and the issuer has been notified of such default. The applicant may draw from the Letter of Credit in accordance with the provisions of this policy. The issuer of the Letter of Credit shall guarantee that, at all times,the unreleased portion of the Letter of Credit shall be equal to a minimum of One-Hundred Percent(100%) of the estimated costs of completing the uncompleted portions of the required improvements, based on inspections of the development by the issuer. In no case shall disbursement for a general improvement item exceed the cost of estimate in the Improvements Agreement (i.e. streets, sewers, water mains and landscaping, etc.). The issuer of the Letter of Credit will sign the Improvements Agreement acknowledging the agreement and its cost estimates. The Letter of Credit shall specify that fifteen percent (15%) of the total Letter of Credit amount cannot be drawn upon and will remain available to Weld County until released by Weld County. 1 130 Main Street • Windsor, Colorado 80550 • 970-674-9080 • Fax 970-674-9090 The Letter of Credit shall specify that the date of proposed expiration of the Letter of Credit shall be either the date of release by Weld County of the final fifteen percent (15%) or one year from the date of Final Plat approval, whichever occurs first. Said letter shall stipulate that, in any event, the Letter of Credit shall remain in full force and effect until after the Board has received sixty (60) days written notice from the issuer of the Letter of Credit of the pending expiration. Said notice shall be sent by certified mail to the Clerk to the Board of County Commissioners. The Letter of Credit shall be governed by the laws of the State of Colorado, including Article Five of the Uniform Commercial Code. This Letter of Credit shall be subject to the Uniform Customs and Practice for Documentary Credits: International Chamber of Commerce Publication Number 400. Sin ely, Jim Larsen Vice President New Frontier Bank jci(e Le-He CLERK TO THE BOARD PHONE (970) 336-7215, Ext. 4225 FAX: (970) 352-0242 P. O. BOX 758 O GREELEY, COLORADO 80632 COLORADO July 11, 2006 New Frontier Bank 1130 Main Street Windsor, Colorado 80550 RE: Cancellation and release of Collateral - Darrel Adolf To Whom It May Concern: Attached hereto please find a copy of the unsigned Board of County Commissioner's Resolution dated July 10, 2006, approveing the cancellation and release of collateral, as referenced above. The original Irrevocable Letter of Credit is enclosed. If you need a copy of the signed Resolution, please contact me and I will send you a signed copy once all the paperwork has been completed. This could take about two (2) weeks. 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 Donna J. Bechl Deputy Clerk to the Board L \C 44,141 CLERK TO THE BOARD i PHONE (970) 336-7215, Ext. 4225 I FAX: (970) 352-0242 P. O. BOX 758 O GREELEY, COLORADO 80632 COLORADO July 11, 2006 Darrel Adolf and Delmer Ziegler 210 North 55th Avenue Greeley, Colorado 80634 RE: Cancellation and release of Collateral To Whom It May Concern: Attached hereto please find an unsigned copy of the Board of County Commissioner's Resolution approving the cancellation and release of collateral, as referenced above. The original Irrevocable Letter of Credit was returned to New Frontier Bank, 1130 Main Street, Windsor, Colorado 80550. A signed copy of the Resolution will be sent to you as soon as the paperwork has been completed. 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 Donna Bechlsr, Deputy Clerk to the Board CLERK TO THE BOARD Wage PHONE (970) 336-7215, Ext. 4225 FAX: (970) 352-0242 P. 0. BOX 758 GREELEY, C0L0RAD0 80632 COLORADO August 15, 2006 Darrel Adolf and Delmer Ziegler 210 North 55th Avenue Greeley, Colorado 80634 RE: Cancellation and release of Collateral To Whom It May Concern: Attached hereto please find a signed and recorded copy of the Board of County Commissioner's Resolution approving the cancellation and release of collateral, as referenced above.. 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:4-/b f4 / Donna Bechler, Deputy Clerk to the Board Hello