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Home My WebLink About20061072 007 CORRECTED RESOLUTION (Corrected as to case number) RE: APPROVE PARTIAL CANCELLATION AND RELEASE OF COLLATERAL FOR SITE PLAN REVIEW, SPR #382 - ZEEK PARTNERSHIP, LLLP, ON BEHALF OF ALFA PAVING, LLC, CIO KENNETH AND CONNIE WILLIAMSON 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 28, 2005, the Board approved the application of Zeek Partnership, LLLP, on behalf of Alfa Paving, LLC, c/o Kenneth and Connie Williamson, P.O. Box 10, Mead, Colorado 80542, for a General Commercial Office and Warehouse (vehicle maintenance service bays) on the following described real estate, to-wit: 4068 Camelot Circle, Longmont, Colorado 80504, described more specifically as Lot 7, Block 1, Amended Plat of Rademacher Business Park; being part of the NW1/4 of Section 23, Township 3 North, Range 68 West of 6th P.M., Weld County, Colorado WHEREAS, on March 28, 2005, the Board of County Commissioner 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 Zeek Partnership, LLLP, on behalf of Alfa Paving, LLC, do Kenneth and Connie Williamson, with terms and conditions being as stated in said agreement, and accepted Irrevocable Letter of Credit No. NZS538536, drawn on the Wells Fargo Bank, N.A., Trade Services Division, Northern Colorado, One Front Street, 21st Floor, San Francisco, California 94111, in the amount of$214,720.00, 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$209,720.00. WHEREAS, the Board has been presented with an Amendment to the Irrevocable Letter of Credit, dated February 23, 2006,from Wells Fargo Bank, modifying Letter of Credit NZS538536, reducing the amount of credit available for draw by Weld County to $5,000.00. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that Irrevocable Letter of Credit#NZS538536, drawn on Wells Fargo Bank, in the amount of$209,720.00 be, and hereby is, partially canceled and released, with the remaining balance being $5,000.00. BE IT FURTHER RESOLVED by the Board that the Chair sign the Amendment to the Irrevocable Letter of Credit dated February 23, 2006. 1.,4101001101102171,6101111120!01601.011001 I IIII IIII IIIIIII III 1,11102I II2006-1072 Steve MoenoClecorder PL1771 0%-I b•-U(o 00 : PL , r`sCO6) oh --;let-O(G CANCEL COLLATERAL - ZEEK PARTNERSHIP, LLLP, C/O KENNETH AND CONNIE WILLIAMSON PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 12th day of April, A.D., 2006. BOARD OF COUNTY COMMISSIONERS G \� ELD Ci. TY, COLORADO ATTEST: J. e e, Chair Weld County Clerk to the -7 r � y' O 6- • / David E. Long, Pro-Tem BY: De u y Clerivto the Board WI " mf Jerk APP S TO ��(v' \\\.\-9 Robert D. Masden o to ey EXCUSED Glenn Vaad Date of signature: lZ<gl 1111111 11111 1111111111111111III11111111II11111111111111 3400007 06/30/2006 01:27P Weld County, CO 2 of 2 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 2006-1072 PL1771 A , MEMORANDUM TO: Board of County Commissioners COLORADO DATE: January 26, 2006 FROM: Kim Ogle, Planning Manager SUBJECT: Site Plan Review# 382 Alfa Paving LLC Ken and Connie Williamson, Applicants On December 20, 2005 the Weld County Department of Public Works performed a site inspection of the transportation portion of the Alfa Paving LLC property. On January 26, 2006, the Department of Planning Services performed a site investigation of the completed improvements at the request of the Department of Public Works. The Department of Planning Services determined that all non-transportation items associated with this PUD have not been completed. Visual inspection noted that the plant materials associated with landscape treatment have not been installed. 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 fourteen thousand seven hundred twenty (214,720.00) dollars and 00/100s, for the Irrevocable Letter of Credit# NZS538536 from Wells Fargo Bank, Trade Services Division, Northern Colorado, One Front Street, 215` Floor, San Francisco, California 94111 be released. Staffs recommendation is to release the collateral, in the form of the Irrevocable Letter of Credit. This release is conditioned on the posting of a new form of collateral by the applicant. The applicant [shall] has submitted a new Irrevocable Letter of Credit for five thousand and no/100s (5,000.00) dollars for replacement collateral. The Department of Planning Services, has determined that the amount of the replacement collateral will be sufficient to complete the work required for Alfa Paving LLC, and the Department of Planning Services recommends acceptance of this agreement. Kim Ogle, Planning Manager, Department of Planning Services, 4209 County Road 24.5, Longmont, CO 80504 (L t t4t..Y u J "Ike_ WELLS FARGO BANK,NA. TRADE SERVICES DIVISION,NORTHERN CALIFORNIA ONE FRONT STREET,21r FLOOR SAN FRANCISCO,CALIFORNIA 94111 Contact Phone: 1(800)798-2815(Option 1) Email:sftrade®wellsfargo.com IRREVOCABLE LETTER OF CREDIT Board of County Comminssioner Letter of Credit No.NZS538536 of Weld County Date: February 25,2005 918 101h Street Greeley,CO 80631 Attention: Clerk to the Board Ladies and Gendemen: At the request and for the account of Zeek Partnership,LLLP,P.O.Box 10,Mead,CO 80542,we hereby establish our Irrevocable Letter of Credit in your favor in the amount of Two Hundred Fourteen Thousand Seven Hundred Twenty United States Dollars(US$214,720.00)available with us at our above office by payment of your draft(s)drawn on us at sight accompanied by your signed and dated statement worded as follows with the instruction in brackets therein complied with: "The undersigned,an authorized official of the Board of County Commissioner of Weld County("Beneficiary"),hereby certifies that Zeek Partnership,LLLP("Applicant")has commited a material breach of the Improvements Agreement according to policy regarding collateral for improvements regarding Lot 7 Block 1 Rademaker Subdivision dated{insert date)by and between the Beneficiary and Applicant." Each draft must also be accompanied by the original of this Letter of Credit for our endorsement on this Letter of Credit of our payment of such draft. Partial and multiple drawings are permitted under this Letter of Credit. Each draft must be marked"Drawn under Wells Fargo Bank,N.A.Letter of Credit No. NZS538536." If any instructions accompanying a drawing under this Letter of Credit request that payment is to be made by transfer to an account with us or at another bank,we and/or such other bank may rely on an account number specified in such instructions even if the number identifies a person or entity different from the intended payee. This Letter of Credit expires at our above office on February 28,2006,but shall be automatically extended,without written amendment,to February 28 in each succeeding calendar year,unless we have sent written notice to you at your address above by registered mail or express courier that we elect not to renew this Letter of Credit beyond the date specified in such notice which date,will be February 28,2006 or any subsequent February 28 and be at least 60 calendar days after the date we send you such notice.Upon our sending you such notice of the nonrenewa]of the expiration date of this Letter of Credit,you may also draw under this Letter of Credit by presentation to us at our above address,on or before the expiration date specified in such notice,of your draft drawn onus at sight accompanied by your signed and dated statement worded as follows: Page 1 oft "The undersigned,an authorized official of the Board of County Commissioner of Weld County(`Beneficiary"),hereby certifies that we have received notice from Wells Fargo Bank,N.A.that the Letter of Credit No.NZS538536 will not be renewed and that Zeek Partnership,LLLP("Applicant")has failed to provide proof of adequate collateral and substitution of this Letter of Credit No.NZS538536" We hereby engage with you that all draft(s)and/or documents drawn under and in compliance with the terms of this credit will be duly honored for payment. This Letter of Credit is subject to the Uniform Customs and Practice For Documentary Credits (1993 Revision),International Chamber of Commerce Publication No.500,and engages us in accordance therewith. Very truly yours WE FARGO BANK,N.A. BY; ORIZED S NATURE SOCCI LO •NO ASSISTANT VICE PRESIDENT Page 2 of 2 APR-I1-2006 TUE 01:40 PM SOUTHWEST WELD PLANNING FAX NO. 720 652 4211 P. 03 APR-11-2006 TUE 09:13 AM FAX NO. P. 02 Operations tromp Northern ca $farnia OM Front Street, alit Floor Sin Franaisao, CA 94111 PAGE: 1 DATE: FEBRUARY 23, 2006 AMENDMENT TO CREDIT NO. NE6538536 AMENDMENT NUMBER: 1 APPLICANT: ZEEK PARTNERSHIP, LLLP P.O. BOX 10 MEAD, CO 80542 BENEFICIARY: BOARD OF COUNTY COMMISSIONER OF WELD COUNTY, 918 10TH STREET GREELEY, CO 80631 ATTN: CLERK TO THE BOARD THIS AMENDMENT IS TO BE CONSIDERED AS PART OF THE ABOVE CREDIT AND MUST BE ATTACHED THERETO. THE ABOVE MENTIONED CREDIT IS AMENDED AS FOLLOWS: THE AMOUNT OF THIS CREDIT HAS BEEN DECREASED BY USD 209,720 .00. THE AMOUNT OF THE CREDIT ISSUED NOW TOTALS USD 5, 000. 00. THE FOLLOWING ADDITIONAL CONDITION HAS BEEN ADDED: PLEASE NOTE THAT THE TERMS OF THIS AMENDMENT ARE SUBJECT TO YOUR CONSENT. THEREFORE, IF THE AMENDMENT IS ACCEPTABLE TO YOU, PLEASE SIGNIFY YOUR AGREEMENT By SIGNING THE ATTACHED COPY IN THE SPACE PROVIDED AND RETURN IT TO US. IF IT I! NOT ACCEPTABLE TO YOU, PLEASE SO ADVISE US IMMEDIATELY. ALL OTHER TERMS UNCHANGED. -ACCEPTED eN 8H AUTHORI SIGNATURE PLEASE CONTACT BILL M. CHIESA BY TELEPHONE AT 415-396-8363 OR BY FAX AT (415) 296-8905 OR OUR HELPLINE- T 1-800-798-2815 OPTION 1 REGARDING ANY INQUIRIES. ACCE D 'hair arm: n, Board of County Commissioners � `itt � ATTEST: �� / 4/12/2006 J Di, I ia61 1' ( s!):: W D COUNTY CLERK TO THE BOARD Tait' L PO 6114 sOJJ \l� D tiT igh C3 Y: Y QItERK TO 1 HE OARD 4J copy • Not Origin Initrunrnt `-.a►i 2 ( -IG`72 APR-11-2006 TUE 01:40 PM SOUTHWEST WELD PLANNING FAX NO. 720 652 4211 P. 01 6 FAX TRANSMISSION •, • - • • weld county DEPARTMENT OF PLANNING SERVICES Fax 970-304-6498 Phone:970-353-6100,ext.3540 • To: BRUCE BARKER Date: APRIL 11,2006 Fax: 4022 Pages:4 including cover Phone: 4390 From: Kim Ogle • Planning Manager kogle@co,weld.co.us Subject: Wells Fargo Bank-Letter of Credit NZS538536,Amendment COMMENTS: Please see attached. How would you like us to proceed?. Thanks for your guidance and direction, kim If you need any further information,please feel free to contact me at the above telephone number or e- mail address. cl) PIDEDENT1e4 • This facsimile iadntende4 only for the use of the individual or entity to which It is addressed and may contain information that i.mivile[od, foe A{ial.and exam frgpt disclosure under snolicable law. lithe reader of this facximllo is not the intended rooipientnorthe employee or asant responsible for delivering the facsimile to the intended recipient,you are hereby notified that ony dissemination,distribution,or copying of this communication is strictly prohibited. If you have roccived this communication in error,please notify us immcdiaasiy by telephone and return the original message bus at the above address via the U.S.Posts]Service. Thank you. APR-11-2006 TUE 01:40 PM SOUTHWEST WELD PLANNING FAX NO. 720 652 4211 P. 02 APR-11-2006 TUE 09:13 AM FAX NO, P. 01 Bill Chiesa WELLS FARGO BANK .Tel. 418-398-8383---- ONE Front Street Fax 416-296-8905 21" FLOOR SAN FRANCISCO, CA 94111 Ta p f4 LE Feaa 556 SO4-- 9$ age., 3 ping Deer O(o C2 Gene Direr Review :Please Comment CJ Please RePly CI Pieaise Ierayeb •Message IP AcrpQTA v. 1 P. oi�s. APR-11-2006 TUE 01 :40 PM SOUTHWEST WELD PLANNING FAX Na 720 652 4211 P. 04 APR-11-2006 TUE 09:13 AM FAX NO. P. 03 in-tt�cuu� lu ua,uo 1n1 we�L� rlutw pryth ry1 o�un rnn m+. �, .o 'WQ ., .. 96_9 .ot. nee• wnsti oeton 970 lfir tliha I 1102-08-200811 02:16 PM=Mit IC PLA NIN4 FM IS 720 lez 1211 P. 02 kill . MEMORANDUM TO: Dad flow*Comisoatas . ! •. .4.�._ DMC arum SOON rS* 1411100.P1.11n6te Mine SUBJECT: a Pion Pals fill • Ken end ant Wilieweedalthwee On Ouwadar*2005 Me WS Croft Gegarst tittle Wlbs pab itnad a ele impsu r n�atlis mmp_bLa palm Who Ma psrr0 Us"Apat t1 on canpau0hetee leentsstwstwee all MC liesairet� d► __ut*.Benin wired esr�e The OepoMan#d Pla ilti*Moo tlet nnbrtl that NI tottrsntpentien atm ant .alt tie MD era melbaswaslsisd, Impkwi*mai soisMaltaulwwr a teldetel w N Mud ceps Minn has at hien_._-_ Ott ills cYoul Stcs.the Da um urns 1«"1Ing bl�led alt.WpaMtlad.°°s a °0' dAs�laa9s anY the narMrwllatnlol►tine Non we arme to ionise awes reumind MSS anti Whe7110.00)tati lnin.ossift alcaaM ieatlalturnW sI lslrlit.Tab Alta . lahm,Nudism c.....s,One Than neat.el"Ptahfan Pandits.C_ .i.NW d' sled Il ffefee n .t sr tit C±rtea Trie Sea k Nle seas the ajini .inlw funnd !m _' nanierlWpri Witt —SWF all Was 'Themelant tea hall Stirs*eawlnorotfble SOY of CreditBrOAthassolMO* na1100sMS Sumfor Mlocemedoel lwel. The OepNMImMd iellelflaNsas. 8-w M1a19d1Mdtl.tllafamuMoftetapbrimttnnTolls* Matti da.to canoe Me NettisgitidM ak FS,"tic,WS the Depend of Moto Sittig n..a.laf.b; --agtl nisofNtalpt.an+.t 1aa .taaitllit�iifailiFllaWtesMMMi tiNSIFWi1JtNnwAMIN �!{'pm s IMNry�II UT pasiten Page 1 of 1 Carol Harding From: Kim Ogle Sent: Tuesday, April 11, 2006 2:00 PM To: Carol Harding Subject: ALFA PAVING Attachments: ALFA PAVING, SPR-382 PART RELEASE.wpd; Kim Ogle.vcf Carol This memorandum was not submitted to CTB office, however, was sent to Ted Dryesdale representative to the applicant requesting replacement collateral. The Bank's February 23, 2006 response letter, not received by this office until today is the only correspondence received to date. Kim Kim Ogle Planning Manager Southwest Weld Service Center 4209 CR 24.5 Longmont, CO 80505 720.652.4210 extension 8730 T 720.652.4211 Facsimile kogle@co.weld.co.us 4/11/2006 FAX TRANSMISSION (410Ctt' IIiDc. WELD COUNTY COLORADO CLERK TO THE BOARD Fax: 970-352-0242 Phone: 970-356-4000, ext. 4227 To: Bill Chiesa Date: April 12, 2006 Fax: 1-415-296-8905 Pages: 2 (with cover) Phone: From: Donna Bechler Deputy Clerk to the Board Subject: Partial Release of Collateral COMMENTS: Bill, I am faxing you a copy of the Amendment to the Irrevocable Letter of Credit which was approved and signed by the Chair of the County Commissioners on 04/12/2006. We will send a copy of the Resolution after it has been signed by the entire Board. CONFIDENTIAL This facsimile is intended only for the use of the individual or entity to which it is addressed and may contain information that is privileged, confidential, and exempt from disclosure under applicable law. If the reader of this facsimile is not the intended recipient nor the employee or agent responsible for delivering the facsimile to the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by telephone and return the original message to us at the above address via the U.S. Postal Service. Thank you. ret CLERK TO THE BOARD PHONE (970) 336-7215, Ext. 4225 NID FAX: (970) 352-0242 P. O. BOX 758 GREELEY, COLORADO 80632 COLORADO May 17, 2006 Zeek Partnership, LLLP c/o Kenneth and Connie Williamson P.O. Box 10 Mead, Colorado 80542 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 Amendment to the Irrevocable Letter of Credit was accepted from Wells Fargo Bank, Trade Services Division, Northern Colorado, One Front Street, 21st Floor, San Francisco, California 94111 If you have questions or need additional information, please do not hesitate to contact me at (970) 356-4000, Extension 4227. Very truly yours, n Donna Bechler, Deputy Clerk to the Board Hello