HomeMy WebLinkAbout20063027.tiff RESOLUTION
RE: APPROVE IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING
COLLATERAL FOR IMPROVEMENTS(PRIVATE ROAD MAINTENANCE),AUTHORIZE
CHAIR TO SIGN,AND ACCEPT COLLATERAL FOR USE BY SPECIAL REVIEW,#1540-
CHURCH BARN, 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, on June 14, 2006, the Department of Planning Services staff approved a Use
by Special Review#1540, for Church Barn, LLC, 134 Oak Street, Eaton, Colorado 80615, for a
Roping/Rodeo Arena and a Public and Quasi-Public Building, including a Church,on the following
described real estate, to-wit:
Lot B of Recorded Exemption #3961; being part of
the SE1/4 of Section 10, Township 6 North, Range
66 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 Church Barn, LLC, with terms and conditions being
as stated in said agreement, and
WHEREAS, the Board has been presented with Irrevocable Letter of Credit #460 from
Farmers Bank, 119 1st Street, P.O. Box 220, Ault, Colorado 80610, in the amount of$33,220.96,
and
WHEREAS, after review, the Board deems it advisable to approve said agreement and
accept said Irrevocable Letter of Credit as stated above, copies of which are attached hereto and
incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the 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 Church Barn, LLC, be, and
hereby is, approved.
2006-3027
re: riID.B)f�i Piv i49/ PL1840
/9- 90�
IMPROVEMENTS AGREEMENT- CHURCH BARN, LLC
PAGE 2
BE IT FURTHER RESOLVED that Irrevocable Letter of Credit#460 from Farmers Bank,
119 1st Street, P.O. Box 220, Ault, Colorado 80610, in the amount of$33,220.96, be and hereby
is, accepted.
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 30th day October, A.D., 2006.
I�L BOARD OF COUNTY COMMISSIONERS
��� ,app,• WELD COU , COLORADO
lade/ . .
ATTEST: .42-----
Mr' . J. (i le, Ch ir
Weld aunty Clerk to the .r -� I
David E. Long, Pro-Tern
BY: .� v a '��L
Depu y Clerk to e Board
Willis H. Jerrke ^n
AP D AS T •
Robert D. Masden
minis/Attorney �/{(aP--61-ce
Glenn Vaad
Date of signature:
2006-3027
PL1840
158
--- IMPROVEMENTS AGREEMENT ACCORDING TO
POLICY REGARDING COLLATERAL FOR IMPROVEM ENTS
(PRIVATE ROAD MAINTENANCE)
THIS AGREEMENT,made and entered into this 8day of August,2006,by and between
the County of W eld, State of Colorado, acting through its Board of County Commissioners, hereinafter called "County,"
and Church Barn,LLC., hereinafter called"Applicant."
WITNESSETH:
WHEREAS,Applicant is the owner of,or has a controlling interest in the following described property in the
County of Weld,Colorado:
WHEREAS,a Final Subdivision/Planned Unit Development(PUD)plat of said property,to be known as
USR 1540 has been submitted to the County for approval,and
WHEREAS,relevant Sections of the Weld County Code provide that no Subdivision Final Plat,Planned Unit
Development Final Plat, or Site Plan shall be approved by the County until the Applicant has submitted a Subdivision
Improvement Agreement guaranteeing the construction of the public improvements shown on plans, plats and supporting
documents of the Subdivision Final Plat, Planned Unit Development Final Plat, or Site Plan, which improvements, along
with a time schedule for completion,are listed in Exhibits"A"and"B"of this Agreement.
NOW,THEREFORE,IN CONSIDERATION OF the foregoing and of the acceptance and approval of said
Final Plat,the parties hereto promise,covenant and agree as follows:
1.0 Engineering Services : Applicant shall furnish,at its own expense,all engineering services in connection with
the design and construction of the Subdivision or Planned Unit Development improvements listed on Exhibit
"A,"which is attached hereto and incorporated herein by reference.
1.1 The required engineering services shall be performed by a Professional Engineer and Land Surveyor
registered in the State of Colorado, and shall conform to the standards and criteria established by the
County for public improvements.
1.2 The required engineering services shall consist of, but not be limited to, surveys, designs, plans and
profiles, estimates, construction supervision, and the submission of necessary documents to the
County.
1.3 Applicant shall furnish drawings and cost estimates for roads within the Subdivision or Planned Unit
Development to the County for approval prior to the letting of any construction contract. Applicant
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shall furnish one set of reproducible "as-built" drawings and a final statement of construction cost to
the County.
2.0 Rights-of-Way and Easements : Before commencing the construction of any improvements herein agreed upon,
Applicant shall acquire, at its own expense, good and sufficient rights-of-way and easements on all lands and
facilities traversed by the proposed improvements.
3.0 Construction : Applicant shall furnish and install,at its own expense,the Subdivision or Planned Unit
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Development improvements listed on Exhibit "A," which is attached hereto and incorporated herein
by reference, according to the construction schedule set out in Exhibit "B" which is also attached
hereto and incorporated herein by reference.
3.1 Said construction shall be in strict conformance to the plans and drawings approved by the County and
the specifications adopted by the County for such public improvements. Whenever a Subdivision or
Planned Unit Development is proposed within three miles of an incorporated community located in
Weld County or located in any adjacent county, the Applicant shall be required to install
improvements in accordance with the requirements and standards that would exist if the plat were
developed within the corporate limits of that community. If the incorporated community has not
adopted such requirements and standards at the time the Subdivision or Planned Unit Development
is proposed, the requirements and standards of the County shall be adhered to. If both the
incorporated community and the County have requirements and standards, those requirements and
standards that are more restrictive shall apply.
3.2 Applicant shall employ, at its own expense, a qualified testing company previously approved by the
County to perform all testing of materials or construction that is required by the County; and shall
furnish copies of test results to the County.
3.3 At all times during said construction, the County shall have the right to test and inspect, or to require
testing and inspection of material and work at Applicant's expense. Any material or work not
conforming to the approved plans and specifications shall be removed and replaced to the satisfaction
of the County at Applicant's expense.
3.4 Applicant shall furnish proof that proper arrangements have been made for the installation of sanitary
sewer or septic systems,water,gas,electric and telephone services.
3.5 Said Subdivision or Planned Unit Development improvements shall be completed, according to the
terms of this Agreement, within the construction schedule appearing in Exhibit "B." The Board of
County Commissioners, at its option, may grant an extension of the time of completion shown on
Exhibit"B"upon application by the Applicant subject to the terms of Section 6 herein.
4.0 Release of Liability : Applicant shall indemnify and hold harmless the County from any and all liability loss
and damage County may suffer as a result of all suits, actions or claims of every nature and description caused
by,arising from,or on account of said design and construction of improvements,and pay any and all judgments
rendered against the County on account of any such suit, action or claim, together with all reasonable expenses
and attorney fees incurred by County in defending such suit, action or claim whether the liability, loss or
damage is caused by, or arises out of the negligence of the County or its officers, agents, employees, or
otherwise except for the liability, loss, or damage arising from the intentional torts or the gross negligence of
the County or its employees while acting within the scope of their employment. All contractors and other
employees engaged in construction of the improvements shall maintain adequate worker's compensation
insurance and public liability insurance coverage, and shall operate in strict accordance with the laws and
regulations of the State of Colorado governing occupational safety and health.
(THERE IS NO SECTION 5)
6.0 Approval of Streets by the County : Upon compliance with the following procedures by the Applicant,streets
within a Subdivision or Planned Unit Development may be approved by the County as public roads and will
be maintained and repaired by a Homeowners Association or, in its absence, the owners of lots within the
Subdivision or Planned Unit Development.
6.1 If desired by the County, portions of street improvements may be placed in service when completed
according to the schedule shown on Exhibit "B," but such use and operation shall not constitute an
approval of said portions.
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6.2 County may, at its option, issue building permits for construction on lots for which street
improvements detailed herein have been started but not completed as shown on Exhibit "B," and may
continue to issue building permits so long as the progress of work on the Subdivision or Planned Unit
Development improvements in that phase of the development is satisfactory to the County; and all
terms of this Agreement have been faithfully kept by Applicant.
6.3 Upon completion of the construction of streets within a Subdivision or Planned Unit Development and
the filing of a Statement of Substantial Compliance, the applicant(s) may request in writing that the
County Engineer inspect its streets and recommend that the Board of County Commissioners partially
approve them. Not sooner than nine months after partial approval, the County Engineer shall, upon
request by the applicant, inspect the subject streets, and notify the applicant(s) of any deficiencies.
The County Engineer shall reinspect the streets after notification from the applicant(s) that any
deficiencies have been corrected. If the County Engineer finds that the streets are constructed
according to County standards, he or she shall recommend full approval. Upon a receipt of a positive
unqualified recommendation from the County Engineer for approval of streets within the development,
the Board of County Commissioners shall fully approve said streets as public but with private pay.
7.0 General Requirements for Collateral .
7.1 The value of all collateral submitted to Weld County must be equivalent to One-Hundred percent
(100%) of the value of the improvements as shown in this Agreement. Prior to Final Plat approval,
the applicant shall indicate which of the five types of collateral preferred to be utilized to secure the
improvements subject to final approval by the Board of County Commissioners and the execution of
this Agreement. Acceptable collateral shall be submitted and the plat recorded within six (6) months
of the Final Plat approval. If acceptable collateral has not been submitted within six (6) months then
the Final Plat approval and all preliminary approvals shall automatically expire. Applicant may
request that the County extend the Final Plat approval provided the cost estimates are updated and the
development plans are revised to comply with all current County standards, policies and regulations.
The improvements shall be completed within one(1)year after the Final Plat approval(not one year
after acceptable collateral is submitted)unless the applicant(s)requests that this Agreement be
renewed at least thirty(30)days prior to its expiration and further provides that cost estimates for
the remaining improvements are updated and collateral is provided in the amount of One-Hundred
percent(100%)of the value of the improvements remaining to be completed . If improvements are not
completed and the agreement not renewed within these time frames,the County, at its discretion, may
make demand on all or a portion of the collateral and take steps to see that the improvements are made.
7.2 The applicant may choose to provide for a phased development by means of designating filings of a
Planned Unit Development Final Plat or Subdivision Final Plat. The applicant would need only to
provide collateral for the improvements in each filing as approved. The County will place restrictions
on those portions of the property that are not covered by collateral which will prohibit the conveyance
of the property or the issuance of building permits until collateral is provided or until improvements
are in place and approved pursuant to the requirements for a Request for Release of Collateral.
7.3 The applicant intends to develop in accordance with Exhibits"A"and"B."
8.0 Improvements Guarantee : The five types of collateral listed below are acceptable to Weld County subject to
final approval by the Board of County Commissioners.
8.1 An irrevocable Letter of Credit from a Federal or State licensed financial institution on a form
approved by Weld County. The Letter of Credit shall state at least the following:
8.1.1 The Letter of Credit shall be in an amount equivalent of One-Hundred percent (100%) of the
total value of the improvements as set forth in Section 6.0 and Exhibits"A"and"B."
8.1.2 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
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has been notified of such default.
8.1.3 The applicant may draw from the Letter of Credit in accordance with the provisions of this
policy.
8.1.4 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 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.
8.1.5 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.
8.1.6 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.
8.2 Trust Deed upon all or some of the proposed development or other property acceptable to the Board
of County Commissioners provided that the following are submitted:
8.2.1 In the event property within the proposed development is used as collateral, an appraisal is
required of the property in the proposed development by a disinterested Member of the
American Institute of Real Estate Appraisers (M.A.I.) indicating that the value of the
property encumbered in its current degree of development is sufficient to cover One-Hundred
percent (100%) of the cost of the improvements as set forth in the Improvements Agreement
plus all costs of sale of the property.
8.2.2 In the event property other than the property to be developed has been accepted as collateral
by Weld County, then an appraisal is required of the property by a Member of the Institute
of Real Estate Appraisers (M.A.I.) indicating that the value of the property encumbered in
its current state of development is sufficient to cover One-Hundred percent (100%) of the
cost of the improvements as set forth in the Improvements Agreement plus all costs of sale
of the property.
8.2.3 A title insurance policy insuring that the Trust Deed creates a valid encumbrance which is
senior to all other liens and encumbrances.
8.2.4 A building permit hold shall be placed on the encumbered property.
8.3 Escrow Agreement that provides at least the following:
8.3.1 The cash in escrow is at least equal to One-Hundred percent (100%) of the amount specified
in the Improvements Agreement.
8.3.2 The escrow agent guarantees that the escrowed funds will be used for improvements as
specified in the agreement and for no other purpose and will not release any portion of such
funds without prior approval of the Weld County Board of Commissioners.
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8.3.3 The escrow agent will be a Federal or state-licensed bank or financial institution.
8.3.4 If Weld County determines there is a default of the Improvements Agreement, the escrow
agent,upon request by the County,shall release any remaining escrowed funds to the County.
8.4 A surety bond given by a corporate surety authorized to do business in the State of Colorado in an
amount equivalent to One-Hundred percent (100%) of the value of the improvements as specified in
the Improvements Agreement.
8.5 A cash deposit made with the County equivalent to One-Hundred percent(100%)of the value of the
improvements.
9.0 Request for Release of Collateral : Prior to release of collateral for the entire project or for a portion of the
project by Weld County, the Applicant must present a Statement of Substantial Compliance from an Engineer
registered in Colorado that the project or a portion of the project has been completed in substantial compliance
with approved plans and specifications documenting the following:
9.1 The Engineer or his representative has made regular on-site inspections during the course of
construction and the construction plans utilized are the same as those approved by Weld County.
9.2 Test results must be submitted for all phases of this project as per Colorado Department of
Transportation Schedule for minimum materials sampling, testing and inspections found in the
Colorado Department of Transportation(CDOT)Materials Manual.
9.3 "As built" plans shall be submitted at the time the letter requesting release of collateral is submitted.
The Engineer shall certify that the project "as-built" is in substantial compliance with the plans and
specifications as approved, or that any material deviations have received prior approval from the
County Engineer.
9.4 The Statements of Substantial Compliance must be accompanied, if appropriate, by a letter of
acceptance of maintenance and responsibility by the appropriate utility company, special district or
town for any utilities.
9.5 A letter must be submitted from the appropriate Fire Authority indicating the fire hydrants are in place
in accordance with the approved plans. The letter shall indicate if the fire hydrants are operational and
state the results of fire flow tests.
9.6 The requirements in paragraphs 9.0 thru 9.5 shall be noted on the final construction plans.
9.7 Following the submittal of the Statement of Substantial Compliance and recommendation of approval
of the streets by the County, the applicant(s) may request release of the collateral for the project or
portion of the project by the Board. This action will be taken at a regularly scheduled public meeting
of the Board.
9.8 The request for release of collateral shall be accompanied by "Warranty Collateral" in the amount of
fifteen percent (15%) of the value of the improvements as shown in this Agreement excluding
improvements fully accepted for maintenance by the responsible governmental entity, special district
or utility company.
9.9 The warranty collateral shall be released to the applicant upon final approval by the B oard of County
Commissioners.
10.0 Public Sites and Open Spaces : When the Board of County Commissioners,pursuant to a rezoning,Subdivision
or Planned Unit Development, requires the dedication, development and/or reservation of areas or sites other
than Subdivision or Planned Unit Development streets and utility easements of a character, extent and location
suitable for public use for parks,greenbelts or schools,said actions shall be secured in accordance with one of
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the following alternatives,or as specified in the Planned Unit Development(PUD)Plan,if any:
10.1 The required acreage as may be determined according to the Weld County Subdivision Regulations
shall be dedicated to the County or the appropriate school district,for one of the above purposes. Any
area so dedicated shall be maintained by the County or school district.
10.2 The required acreage as determined according to Chapter 24 of the Weld County Code, may be
reserved through deed restrictions as open area,the maintenance of which shall be a specific obligation
in the deed of each lot within the Subdivision or Planned Unit Development.
10.3 In lieu of land, the County may require a payment to the County in an amount equal to the market
value at the time of Final Plat submission of the required acreage as determined according to Chapter
24 of the Weld County Code. Such value shall be determined by a competent land appraiser chosen
jointly by the Board and the Applicant. The cash collected shall be deposited in an escrow account
to be expended for parks at a later date.
11.0 Successors and Assigns : This Agreement shall be binding upon the heirs,executors,personal representatives,
successors and assigns of the Applicant,and upon recording by the County,shall be deemed a covenant running
with the land herein described,and shall be binding upon the successors in ownership of said land.
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IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed on the day and year
first above written.
APPLICANT:
APPLICANT: _
-�•t
TITLE:
Subscribed and sworn to before me this a�day of A-u9m.h 20k.
My Commission
st.$1 2VB Notary Public
•4
LINDA L
I HULSE
Nit'•. IC)
ssj'••...............QR'
ATTEST/r� � 1;1 yC�:?v/J0, BOARD OF COUNTY COMMISSIONERS
J16/P./�ludyy�u// r �" '' WELD COUNTY,COL DO
•^"'7 fir' V'tr�
Weld County Clerk to the Board l }n r ‘';'-‘1/4,
M. J. Geile ,Chair OW 30/2006)
B . 11 l - U'Ci..,_.' ys'/
D uty Cle to the Board
APPROVED AS TO FORM:
County Attorney
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&a ' -. z7
EXHIBIT"A"
Name of Subdivision
or Planned Unit Development: USR- 1540
Filing:
Location: Lot B of Am RE-3961,SE1/4 of S10,T6,R66
Intending to be legally bound, the undersigned Applicant hereby agrees to provide throughout this Subdivision or
Planned Unit Development the following improvements. (Leave spaces blank where they do not apply)
Improvements Quantity Units Estimated Construction
Costs Cost
Site grading 1 5000.00 5000.00
Street grading 343 1.54 528.22
Street base
Street paving&Base 343 17.18 5892/4
Curb,gutters,and
Sidewalk
Storm sewer facilities
Retention ponds
Ditch Improvements
Subsurface drainage
Sanitary sewers
Trunk and forced lines
Mains
Laterals (house connected)
On-site sewage facilities
On-site water supply and storage
Water Mains(includes bore)
Fire hydrants
Survey and street monuments and boxes
Street lighting
Street Names
Fencing requirements
Landscaping&Parking Lot 20000.00
Park improvements
Road culvert
Grass lined swale 300.00
Telephone
Gas
Electric
Water transfer
SUB-TOTAL: 31720.96
Engineering and Supervision Costs$ 1500.00
(Testing, inspection, as-built plans and work in addition to preliminary and final plat; supervision of actual construction
by contractors)
TOTAL ESTIMATED COST OF IMPROVEMENTS AND SUPERVISION $ 33,220.96
The above improvements shall be constructed in accordance with all County requirements and specifications,and
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conformance with this provision shall be determined solely .y Weld County,or its duly authorized agent.
Said improvements sh. .e completed according o e onstruction schedule set out in Exhibit"B."
By:
Applicant
Applicant �,, 5 PU
cri
LINDA I.. Date: f USI" zo .
Title HULSE
o
(If corporation,to be cwilby President Q sted to by Secretary,together with corporate seal.)
sOFCM'
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EXHIBIT"B"
Name of Subdivision
or Planned Unit Development: USR-1540
Filing:
Location: Lot B of AMRE-3961,SEl/4 of S10,T6,R66
Intending to be legally bound, the undersigned Applicant hereby agrees to provide throughout this Subdivision or
Planned Unit Development the following improvements.
All improvements shall be completed within 1 years from the date of approval of the final plat. Construction
of the improvements listed in Exhibit"A"shall be completed as follows:
(Leave spaces blank where they do not apply.)
Improvements Time for Completion
Site grading 9mo
Street base
Street paving 9mo
Curbs,gutters,and culverts
Sidewalk
Storm sewer facilities
Retention ponds 9mo
Ditch improvements
Subsurface drainage
Sanitary sewers
Trunk and forced lines
Mains
Laterals(house connected)
On-site sewage facilities
On-site water supply and storage
Water mains
Fire hydrants
Survey and street monuments and boxes
Street lighting
Street name signs
Fencing requirements
Landscaping 12 mo
Park improvements
Road culvert
Grass lined swale 9mo
Telephone
Gas
Electric
Water Transfer
SUB-TOTAL:
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The County, at its option, and upon the request of the Applicant, may grant an extension of time for completion for any
particular improvements shown above,upon a showin the Applicant that the above schedule cannot be met.
By: �w
Applicant
Applicant o KRY:Po\fit
%�•• ,....... .. e �Ili•% fIj Date: A-slOS r-,�.,20 .
Title LINDA L. J
HULSE
4v" iii
(If corporation, • **signed by Prey'[] . d attested to by Secretary,together with corporate seal.)
111FD`CO`
\ ---
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Memorandum
t-C141 TO: Clerk to the Board Office
' Board of County Commissioners
CDATE: September 27, 2006
COLORADO FROM: Brad Mueller, Assistant Director
Department of Planning Services
RE: Acceptance of Collateral and Improvements
Agreement for USR-1540 (Montera / Church
Barn LLC)
The Department of Planning Services has received evidence of collateral for the Church Barn USR
(Planning File USR-1540), John Montera, owner.
This collateral is in the form of a Letter of Credit(Option No. 1 from the Improvements Agreement)in
the amount of $33,220.96, covering items outlined in Exhibit A of the attached executed
Improvements Agreement plus the 15% guarantee required of the Agreement.
The Improvements Agreement and collateral have been reviewed by the Departments of Planning
Services and Public Works, as well as the County Attorney's Office,and it has been determined that
the amount of collateral is sufficient to cover the proposed improvements.
The Departments of Planning Services and Public Works recommend acceptance of this collateral
and the attached Improvements Agreement, and they request scheduling with the Board.
�+'oob-3o2 7
'S'S Country Planning Department
GREELEY OFFICE
MEMORANDUM AUG 1 2606
RECEIVED
TO: Brad Mueller, Planning Services DATE: August 10, 2006
WI C FROM: Donald Carroll, Public Works Department
•
COLORADO SUBJECT: USR-1540, Montera (Church Barn LLC)
The applicant's representative, Casseday Creative Design, has submitted the Improvements Agreement
According to Policy Regarding Collateral for improvement (private road maintenance).
I have reviewed the transportation portion of Exhibit A on Page 8; all transportation items appear to be
adequate to complete this project.
The Weld County Public Works Department recommends acceptance of the transportation portion. All other
non-transportation items should be verified by Planning Services prior to scheduling.
pc: USR-1540 M:\PLANNING-DEVELOPMENT REVIEW\USR-Use by Special RevievAUSR-1540-A.doc
•
IRREVOCA __ ___ IT NO. 460
Farmers
BAN K
September 18,2006
Board of County Commissioners
ATTN: Clerk to the Board
PO Box 758
Greeley, CO 80732
RE: Montera,Richard A.
Dear: Weld County,
We hereby open our Irrevocable Letter of Credit in your favor for the account of Richard A. Montera, 134
Oak Ave, Eaton,CO 80615,for a sum not to exceed the aggregate of Thirty-three Thousand, Two
Hundred Twenty and 96/100ths.
Each draft so drawn must be marked"Drawn under FARMERS BANK, 119 1"Street, Ault, CO 80610,
Letter of Credit No. 460 and be accompanied by a"signed statement from the Board of County
Commissioners of Weld County,Colorado stating the has committed a material breach of
the Improvements Agreement to Policy Regarding collateral for Improvement regarding
dated the of ,20 by and between Richard A.Montera and the Board of County
Commissioners of the County of Weld."
This credit is subject,so far as applicable,to"The Uniform Customs and Practice for Documentary Credits,
1993 Revision,The International Chamber of Commerce Publications No. 500."
We hereby agree with you that all drafts drawn under and in compliance with the terms of this credit will
be duly honored and presented for payment to our main office, FARMERS BANK, 119 1"Street,Ault,CO
80610. This letter of credit will expire on September 18,2007 at 5:00P.M.
This letter of credit is automatically extended without amendment, for additional one-year periods from the
current expiration or any future expiration date unless 60 days prior to such current expiration date
FARMERS BANK notifies beneficiary in writing that the letter of credit will not be renewed. In the case
you receive such a notification,you may draw by presentation of the following: (a)a draft at sight on
FARMERS BANK;(b)a statement purportedly signed by an official of the Board of County
Commissioners of Weld County, Colorado stating that we have received notice from FARMERS BANK
the Letter of Credit No.460 will not be renewed and that Richard A. Montera has failed to provide proof of
adequate collateral and substitution of this Letter of Credit No.460; (c)copy of letter from FARMERS
BANK stating non-renewal of Letter of Credit No.460 and the original letter of credit.
Yours truly,
Fre Je Bauer
President
FJB/aeb
119 1 s: Street • P.O.Box 220 • Ault,Colorado 80610 • (970)8342121 'Fax 19 701 834 3'
Page 1 of 1
Donna Bechler
To: Brad Mueller
Subject: RE: Collateral for Church Barn USR-1540
Hi Brad,
That's correct. Bruce said he e-mailed you on 10/3 to say we need a different Letter of Credit, so I am still holding
the paperwork at my desk. It needs to be like the"example Letter of Credit"we sent out last summer.
Donna
From: Brad Mueller
Sent: Thursday, October 12, 2006 10:09 AM
To: Donna Bechler
Subject: Collateral for Church Barn USR-1540
Could you please remind me whether this got accepted or not?
I think we sent over a LOC that wasn't acceptable as to form, so it's still pending, but I'm not 100% sure.
Thanks,
Brad
10/12/2006
#4-1,t CLERK TO THE BOARD
PHONE (970) 336-7215, Ext. 4225
FAX: (970) 352-0242
P. O. BOX 758
GREELEY, COLORADO 80632
C.
COLORADO
June 18, 2009
FARMERS BANK
119 1ST STREET
PO BOX 220
AULT, COLORADO 80610
RE: Letter of Credit#460 for Richard Montera
Ladies and Gentlemen:
This letter shall act as a reminder of your obligations to the Board of County Commissioners of Weld
County under the above-referenced Letter of Credit.
As you are aware, on the 18th day of September, 2006, Farmer's Bank issued an Irrevocable letter of
Credit on behalf of Richard Montera, (Church Barn, LLC), naming the Board of County Commissioners
of Weld County, Colorado as beneficiary. The dollar amount of the Letter of Credit was established at
Thirty-three Thousand, Two Hundred Twenty and 96/100 ($33,220.96).
The terms of the Letter of Credit require that it be maintained by your institution until the 18th day of
September, 2007, with auto renewal unless 60 days notice is provided. If you believe that the Letter of
Credit has expired, please contact me immediately, as you are required under the terms of the Letter of
Credit to replace it.
If you have any questions regarding this letter or your obligations under the Letter of Credit, or if you
disagree with any of the statements contained herein, please call Donna Bechler, at 970-356-4000,
ext. 4227.
Very truly yours,
Donald D. Warden
Clerk to the Board
By:%%/Jt4 r1/'
Deputy Cler o the Board
pc Church Barn, LLC, c/o Richard Montera
•
•
U.S. Postal Service,'
CERTIFIED MAIL,. RECEIPT
(Domestic Mail Only;No Insurance Coverage Provided)
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PS Form 3800.June 2002 See Reverse for Instructions
•
SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY
• Complete items 1,2,and 3.Also complete A. Si in.. re
item 4 if Restricted Delivery is desired. �x '�, [ r\ O Agent
• Print your name and address on the reverse cAddressee
so that we can return the card to you. ' �Yf
• Attach this card to the back of the mailpiece, a pe..,.,-ived by(Priors ) at of 7dI�Iv
or on the front if space permits. on Li ; r,Y 1l*/I
1. Article Addressed to: D. Is delivery a different from item 19 Yes J
If YES,ente very address below: O No
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,(/./ / /%/1 !/`7/ /� Fil"t.ertified Mail O Express Mail
// L7/r ` ' D e ❑ Registered Return Receipt for Merchandise
❑Insured Mail O C.O.D.
4. Restricted Delivery?(Extra Fee) O Yes
2. Article Number 7005 1820 0003 5225 1898
(Transfer from service label)
PS Form 3811,February 2004 Domestic Retum Receipt 102595-02-M.154o.
•
_a
• Farmers
BAN K
June 22, 2009
Weld County, Colorado
Clerk to the Board
PO Box 758
Greeley, CO 80632
Re: Letter of Credit #460 for Richard Montera
To the Clerk and Deputy Clerk to the Board,
Thank you for your recent letter dated June 18, 2009 in reference to the above-mentioned
Letter of Credit issued by Farmers Bank. We apologize for the lapse in time regarding
the status of this letter.
• As per our records, please let your records reflect that this Letter of Credit#460 issued on
behalf of Richard Montera for the amount of$33,220.96 has matured and will not be
renewed.
Should you need additional information or have further questions, please contact me at
(970) 834-2121. Thank you for your assistance.
Sincerely,
L 0 l cee �
Andrea Jarbo
Loan Admin Officer
cc: file
•
AL/ / 510
119 1st street • I'.Q Box 220 • Ault,Colorado 80610 • (970)834-2121 i Fax(970)834-1351 66 80o?7
Farmers
BAN K
119 In Street, Ault, CO 80610
(970) 834-2121 phone (970) 834-1351 fax
To: Esther6,es/CJc From almerea_chrbot
Fax Patel hfr/ /Og
Phone. Pages;
2
Re: /W & lager
L- d ftredi i-- ' CC: arced Mad. Etter-
,❑Urgent ❑For Review O Please Comment ❑Please Reply ❑ Please Recycle
Comments;
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frirtyarns to 74")-t LeH.ei 6F Crerli r *y6,6 f leas,
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N you do not receive all pages or experience any difficulty with transmission,please contact the
sender at the Fanners Bank(970)334.2121.
This facsimile transmission contains information belonging to the sender,which is confidential and legally privileged. This information
le strictly for the use of the Indirdual or entity to wNch It is addressed.as indicated above. if you are not the intended recipient,
ditdasure,copying distribution or action taken regarding the contents of the information is strictly prohibited. throb have received this
transmission in error,please call the sender to arrange for its return at our eaense. Thank you.
I 'd OL9b siaond WdZ1:E 6001 'bl ')°0
Donna Bechler
From: Brad Mueller
Sent: Friday, September 11, 2009 12:01 PM
To: Donna Bechler; Clayton D. Kimmi
Cc: Brad Mueller
Subject: Montera/Church Barn USR-1540 collateral.
Attachments: Letter Church Barn unfinished improvements.doc
Clay& Donna,
I've been trying to contact either the bank or Mr. Montera for two weeks before sending this letter, because I wanted to
better understand the status of the existing LOC. I finally connected with Andrea at Farmers Bank, and explained to her
that under the terms of the LOC the LOC was to be renewed until the County releases it, so it needs to remain in force,
because we have determined that not all of the improvements have been completed. I have attempted to speak with
Mr. Montera about the same, but have been unsuccessful, so I am sending this letter today despite that.
Thanks,
Brad
1
Donna Bechler
From: Brad Mueller
Sent: Tuesday, September 08, 2009 8:32 AM
To: Donna Bechler
Cc: Brad Mueller
Subject: RE: Updated Collateral List as of 07/09/2009
Thanks, Donna.
From what you report, I gather that no additional info has come from Farmer's Bank. I'll check with them and Mr.
Montera.
The second paragraph is in regards a different site. The old Bayou is on Hwy 85 (at Lucerne) and has been converted to
a church. The site I'm looking at is at 34059 CR 33.
Kim's notes were somewhat correct at the time, but we've talked through that and got an accurate list of missing
improvements, which I'll be following up on.
Thanks —I'll let you know what we find out.
Brad
From: Donna Bechler
Sent:Tuesday, September 08, 2009 8:19 AM
To: Brad Mueller
Subject: RE: Updated Collateral List as of 07/09/2009
Good morning Brad,
The info I have is-we received a letter from Farmer's Bank on 06/22/2009, stating the Letter of Credit has matured and
will not be renewed.
The notes I have ( I don't know who wrote these) say "the Bayou at Lucerne was sold and another church group moved
in. The new church does not have an improvements agreement and it is unknown if they did any of the improvements.
Needs access parking and drainage. Don Carroll is going to check on it. Not sure if Richard Montera is still active or not."
There is an e-mail from Kim Ogle on July 2, 2009,and this is what it said. "The size of the building appears to be
substantially scaled down from what was permitted. The parking area that is graveled and graded appears to be able to
accommodate 25-30 vehicles. Access apron off of CR 33 is in place and without default in construction. 2 ADA parking
places near the door are present, no pavement but signed. Retention basins are in place and the single basin is bisected
by a secondary access to CR 70 a local gravel road. Staff to review if this should be closed. Question presented to
Planning...is this a substantial modification from the approved plat? Would staff consider implementing a down sized
facility and restrict occupancy load of building. Required parking is one space per 4 seats. Given size of building
occupancy load appears to be 75-100 persons."
This sums up all the information that I have. Hope it helps.
Donna
1
From: Brad Mueller
Sent: Tuesday, September 08, 2009 7:44 AM
To: Donna Bechler
Subject: RE: Updated Collateral List as of 07/09/2009
Donna,
Can you advise me of the status of the collateral for Church Barn LLC (PL 1840, #2006-3027)? We are in the process of
advising them that all of their improvements are not completed. I know that there was some correspondence in June
with them, but it's unclear to me as to how that played out. Thanks.
Brad
X3572
From: Donna Bechler
Sent: Thursday, July 09, 2009 12:51 PM
To: Bruce Barker; Donald Carroll; Brad Mueller; Kim Ogle; Chris Gathman; Jacqueline Hatch; Michelle Martin; David
Bauer; Richard Hastings; Donald Stang; Don Dunker; Stephanie Arries
Subject: Updated Collateral List as of 07/09/2009
Hi everyone.
We're working on adding hyperlinks to the collateral list, but they won't be available until your department is changed over
to Microsoft Office Word 2007. After that you should be able to open the files by holding down the Ctrl key and clicking on
the document number.
Donna
(For those who opened your first e-mail from me before I recalled the message, please delete that one because this is the
newest version. I sent the first list without removing the latest releases.)
2
• Page 1 of 2
Andrea Jarboe
From: Andrea Jarboe[a]arboe@farmersbank-weld.com]
Sent: Tuesday, October 06,2009 2:50 PM
To: Steve Rickard
Subject: RE:Richard Montera/Church Barn Collateral
Good afternoon Esther,
Steve Riclard forwarded you email on to me. Farmers Bank would like you to disregard the letter sent
June 22, 2009,and relating correspondence to the Letter of Credit#460 for$33,220.98. The Letter of
Credit Issued on behalf of Richard Montera will stay active and open until notification from the Weld
County Planning Department that all improvements have been completed. •
Please let me know if you need any additional Information or documentation.
Have a nice day, 'r
Andrea Jarboe
Farmers Bank
(970)834-2121
(970)834-1351 fax
ejarboet farmersbank-weld.com
---Original Message----
From: Steve Rickard[mailtn:srlckard@farmersbank-weld.cem]
Sent Monday,October 05, 2009 2:52 PM
To: Andrea Jarboe
Subject: FW: Richard Montera/Church Barn Collateral
----Original Message---
From: Esther Geskk[mailto:egesick@co.weld.co,us]
Sent Monday,October 05, 2009 1:40 PM
To: sdcard@farmersbank-weld.com
Cc: Brad Mueller; !Gm Ogle; Richard Hastings; Donald Carroll; Stephanie Arries; Donna Bechler;
Esther Gesick
Subject: Richard Montera/Church Barn Collateral
Hello Steve,
Per our telephone conversation last Friday, I've attached a copy of the Improvements
Agreement and associated collateral that is currently held and recognized by Weld
County. If Farmers Bank is willing to send a response to this e-mail or a separate
correspondence Indicating Its recognition of Letter of Credit#460, in the amount of
$33,220.96,with instruction to disregard the previous correspondence dated June 22,
2009,then no further action Is necessary. However, if the Bank chooses to submit
replacement collateral, please refer to the attached Letter of Credit Form when preparing
the replacement collateral for the same amount, and staff will present it to the Board of
Commissioners to document the release of#460 and acceptance of the replacement. If
you have any questions, please let me know.
Thanks!
Esther E. Gesick
10/6/2009
Z 'd OL9i, )1"0 saawi d WJZZ:E 6001 17I '1)0
Donna Bechler
From: Andrea Jarboe [ajarboe@farmersbank-weld.com]
Sent: Wednesday, December 14, 2011 10:35 AM
To: Donna Bechler
Subject: RE: Church Barn Collateral
Good morning Ms. Bechler,
Please accept this email as confirmation that Farmers Bank is in agreement to continue the Letter of Credit#460 for
$33,220.96 for Richard Montera/Church Barn collateral. The Letter of Credit issued on behalf of Richard
Montera/Church Barn will remain active and open until notification from the Weld County Planning Department is
received that all improvements have been completed.
Please let me know should you need any additional information or documentation.
Thank you for your patience and cooperation. Have a wonderful holiday season!
Sincerely,
Andrea Jarboe
Farmers Bank
Ph (970) 834-2121
Fax(970) 834-1351
NMLS#789652
From: Donna Bechler [mailto:dbechler@co.weld.co.us]
Sent:Tuesday, December 13, 2011 8:23 AM
To: ajarboe@farmersbank-weld.com
Cc: srickard@farmersbank-weld.com
Subject: Church Barn Collateral
Ms.Jarboe,
Since it's been two years since our last correspondence with you regarding the Richard Montera/Church Barn collateral,
(Irrevocable Letter of Credit#460, for$33,220.96) we would ask that Farmers Bank either send replacement collateral or
send us another continuation letter, or e-mail, stating the collateral is still available. According to our Department of
Public Works, there are still drainage and access issues to resolve before the collateral can be released. For your
information, I have attached a copy of the e-mail we received from you the last time we discussed this issue. Your
response to this e-mail will be greatly appreciated.
Thank you.
Donna Bechler
Deputy Clerk to the Board
1150 O Street
P.O. Box 758
Greeley, Colorado 80632
970-336-7215 Ext 4227 Dl- 3 O 62 7
1 Az ifyo
Donna Bechler
From: Donna Bechler
Sent: Tuesday, September 25, 2012 4:27 PM
To: 'Andrea Jarboe'
Subject: RE: Church Barn Collateral and Letter of Credit
Ms.Jarboe,
Thank you so much for your e-mail. I will scan it in with our other documents for Church Barn.
Donna Bechler
Deputy Clerk to the Board
1150 O Street
P.O. Box 758
Greeley, Colorado 80632
970-336-7215 Ext 4227
t c.% T.
Confidentiality Notice:This electronic transmission and any attached documents or other writings are intended only for
the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise
protected from disclosure. If you have received this communication in error, please immediately notify sender by return
e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the
contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
From: Andrea Jarboe [mailto:ajarboe@farmersbank-weld.com]
Sent: Wednesday, September 19, 2012 10:17 AM
To: Donna Bechler
Subject: Church Barn Collateral and Letter of Credit
Good morning Ms. Bechler,
Please accept this email as confirmation that Farmers Bank is in agreement to continue the Letter of Credit#460 for
$33,220.96 for Richard Montera/Church Barn collateral. The Letter of Credit is issued on behalf of Richard
Montera/Church Ban will remain active and open until notification from the Weld county planning Department is
received, also stating that all improvements have been completed and are satisfactory.
Please let me know should you need additional information or documentation.
Thank you,
Andrea Jarboe
Farmers Bank
Ph (970) 834-2121
Fax (970) 834-1351
NMLS# 789652
1
Donna Bechler
From: Donna Bechler
Sent: Wednesday, September 18, 2013 12:10 PM
To: 'Andrea Jarboe'
Cc: Richard Hastings; Kim Ogle;Tom Parko Jr.
Subject: RE: Church Ban Collateral and Letter of Credit
Thank you Andrea. I will let our Planning and Public Works departments know as well.
Donna Bechler
Deputy Clerk to the Board
1150 0 Street
P.O. Box 758
Greeley, Colorado 80632
970-336-7215 Ext 4227
7,7
r*H '
jti 6M r'a,'
Confidentiality Notice:This electronic transmission and any attached documents or other writings are intended only for
the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise
protected from disclosure. If you have received this communication in error, please immediately notify sender by return
e-mail and destroy the communication.Any disclosure, copying, distribution or the taking of any action concerning the
contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
From: Andrea Jarboe [mailto:ajarboe(afarmersbank-weld.com]
Sent: Wednesday, September 18, 2013 12:03 PM
To: Donna Bechler
Subject: Church Ban Collateral and Letter of Credit
Good afternoon Ms. Bechler,
Please accept this email as confirmation that Farmers Bank is in agreement to continue the Letter of Credit#460 for
$33,220.96 for Richard Montera/Church Barn collateral. The Letter of Credit is issued on behalf of Richard
Montera/Church Barn and will remain active and open until notification from the Weld County Planning Department is
received, also stating that all improvements have been completed and are satisfactory standing.
Please let me know should you need additional information or documentation.
Thank you,
Andrea Jarboe
Farmers Bank
Ph (970) 8342121
Fax (970) 8341351
NMLS# 789652
1 Rea - 3oa 7
Hello