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HomeMy WebLinkAbout20061560.tiff SSS RESOLUTION RE: APPROVE CANCELLATION AND RELEASE OF COLLATERAL FOR SITE PLAN REVIEW, SPR #382 - ZEEK PARTNERSHIP, LLLP, ON BEHALF OF ALFA PAVING, LLC, C/O 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, do 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 Commissioners 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, c/o Kenneth and Connie Williamson, with terms and conditions being as stated in said agreement, and accepted collateral drawn on the Wells Fargo Bank, in the amount of$214,720.00, and WHEREAS, on April 12, 2006,the Board of County Commissioners approved replacement collateral, in the form of Amended 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$5,000.00, and has now received a request for full cancellation and release of said collateral, and WHEREAS, staff from the Weld County Department of Planning Services 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 Amended 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$5,000.00 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. I UM VIII 111111111111111 11111111111111111c$11111111 2006-1560 3403888 07/18/2006 02:32P Weld County, 1771 1 of 2 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 00 ', I / ?1Coe) 0-026,09 CANCEL COLLATERAL - ZEEK PARTNERSHIP, LLLP, ON BEHALF OF ALFA PAVING, LLC, CIO 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 June, A.D., 2006. 2BOARD OF sUNTY COMMISSIONERS ' WELD CO TY, COLORADO ATTEST: at, . J le, Chair Weld County Clerk to the '� `� moan David E. Long, Pro-Tern BY: De y Clerk o the Board �1 ��— Willi H Jerke AP ED AST • M\NNL_ , Robe D. Masde aunty rney a Glenn Vaad Date of signature: [61009 11111111111111111111111 ��� 111111 BIM 11111 liii 101 2006-1560 3403888 07/18/2006 02:32P Weld County, CO PL1771 2 of 2 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 460tril MEMORANDUM Wo`Pe. TO: Board of County Commissioners COLORADO DATE: May 31, 2006 FROM: Kim Ogle, Planning Manager SUBJECT: Site Plan Review# 382 Alfa Paving, LLC Ken and Connie Williamson, Applicants Requested Release of Collateral On April 12, 2006 the Board of County Commissioners approved a partial cancellation and release of collateral for Site Plan Review# 382 in the amount of$209,720.00 dollars with replacement collateral accepted in the amount of$5000.00 dollars to cover the non- transportation improvements, specifically the plant materials associated with the landscape treatment for this facility. The Department of Planning Services received notification from the applicant's representative that all improvements have been completed per the approved Site Plan Review. Staff from the Department of Planning Services conducted a visual inspection and recommend release of the remaining collateral in the amount of $5000.00 dollars. Kim Ogle From: Ted Drysdale [ted@alfaconstruction.net] Sent: Tuesday, May 02, 2006 8:53 AM To: Kim Ogle Subject: 4068 camelot cir. Kim, At this time all public improvements are completed at 4068 Camelot Cir. and we are requesting the release of our collateral on that project. Thank You Ted Drysdale Zeek Partnerships LLLP May 2, 2006 1 CLERK TO THE BOARD PHONE (970) 336-7215, Ext. 4225 ill 1 FM: (970) 352-0242 P. O. BOX 758 C. GREELEY, COLORADO 80632 COLORADO July 27, 2006 Zeek Partnership, LLLP on behalf of Alfa Paving, LLC c/o Kenneth and Connie Williamson 4068 Camelot Circle Longmont, CO 80504 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, as referenced above. I am also including copies of the previous Resolutions correcting the case numbers.The original Irrevocable Letter of Credit and the Amendment to the Letter of Credit were returned to Wells Fargo Bank, N.A., 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, BOARD OF COUNTY COMMISSIONERS By: ia /%_) Donna Bechler, Deputy Clerk to the Board ‘t--- CLERK TO THE BOARD PHONE (970) 336-7215, Ext. 4225 IgoFAX: (970) 352-0242 P. O. BOX 758 O GREELEY, COLORADO 80632 COLORADO July 27, 2006 Wells Fargo Bank, N.A. Trade Services Division, Northern Colorado One Front Street, 21st Floor San Francisco, CA 94111 RE: Cancellation and release of Collateral - Zeek Partnership, LLLP 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, as referenced above. The original Irrevocable Letter of Credit and the Amendment to the Letter of Credit are enclosed. 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:1,:e7211.4- onna J. Bear Deputy Clerk to the Board APR-11-2006 TUE 01:40 PM SOUTHWEST WELD PLANNING FAX NO. 720 652 4211 P. 03 FAX NO. P. 02 APR-11-2006 TUE 09;13 AM operations Group Northern cat$fornia ane front Strut, 21st Floer Gan francisoo, CA 94111 PAGE: 1 DATE: FEBRUARY 23 , 2006 AMENDMENT TO CREDIT NO. NZS538536 AMENDMENT NUMBER: 1 APPLICANT: ZEEK PARTNERSHIP, LLLP P.O. BOX 10 MEAD, CO 80542 Letts BENEFICIARY: COMMISSIONER RELEATE Credi WEBOLD COUNTY, 918 OF COUNTY 10THSTTREET OF By pSEDA44 11/410 BY B0LONOER R AGTTN: CLERK TOELEY, CO 631 TTHE BOARD DePUty Cje Op 0 1 RED r1c to ' . SI e O g12/ THIS AMENDMENT IS TO BE CONSIDERED AS PART OF THE ABOVE CREDITANDUS BE. -4°06 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 HY SIGNING THE ATTACHED COPY IN THE SPACE PROVIDED AND RETURN IT TO US. IF IT I: NOT ACCEPTABLE TO YOU, PLEASE SO ADVISE VS IMMEDIATELY. ALL OTHER TERMS UNCHANGED. ACCEPTED 6 6Y: AUTHORI SIGNATURE PLE(4155)) 296-8905E T BILL M. CHIESA OR OUR UELPLINE BY 1-800798-281S1OPTION8163 OR BY FAX AT REGARDING ANY INQUIRIES. ACCE D a>'0".1 hairman, Board at County t imissioners fa / �/� ""4/12/2006 • ATTEST: 1t61 I( E �,9:.„„-k ATTEST: W D COUNTY CLERK TO THE BOARD • np \�,� BY- DE S l�Tl' fErla TO r gi BARD Sialftserrar ltJ Sv copy NOV Origin Interment T dP sl'sA e c-Il� tc* WELLS FARGO BANK,N.A. 04$t °4 8P c415TRADE SERVICES DIVISION,NORTHERN CALIFORN O 'eft ,O .e O ONE FRONT STREET,215T FLOOR 1 O SAN FRANCISCO,CALIFORNIA 94111 a -2, Oe,N4r'c�p� Contact Phone: 1(800)798-2815(Option 1) �o d O 6G G Email : sftrade@wellsfargo.com 64 ob.. O Q od IRREVOCABLE LETTER OF CREDIT ry Board of County Comminssioner Letter of Credit No.NZS538536 of Weld County Date: February 25,2005 918 10'h Street Greeley,CO 80631 Attention: Clerk to the Board Ladies and Gentlemen: 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 meterial 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 nonrenewal 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 on us at sight accompanied by your signed and dated statement worded as follows: Page 1 of 2 "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 WEL ' FARGO BANK,N.A. BY: AIaI I 1A.. THORIZED S y NATURE) SOCCI LO 4 NO ASSISTANT VICE PRESIDENT Page 2 of 2 to m O t M „ c N. i li i �„t° U Q azo N r � 0 N ^1 a 31 a III h N N0 O — ttll r- 2 to 0 0I - iro oJm ,, = fir ® Poi mWAm * = NS,Soa1Mn oo m *izp c • .... _,4LLHS;O -Z ` 24.. ZONUO b 00r0 0 IL Z 00Z00 to = .:14-7.-4.41:.' ..:.:0::.1O U yaLF UMW o ano o c SStldO1mimeS2iid m — > _ 031NOSnid d - r4iWm 'U A = -J 1-1110Z •• y C ONO U Z••YJ m 2 t wail�,�� II-- Woi . Sa Qz � 1 "'���►VVi/ X 4 n ili m 'tn 01 W OO W t'•�9 � Cj � NOD- 2Y O. o co ,,;� 0 .) 0 .'m c CO ..r rC.) i n` CO tua Um o MN re CO `x 0 ut a 0 ' W I- t" w \ , mot-' Y• 0° rt 2c� Z ✓ 4 c% i h� a Q-vil ir W.ii at tap 3.°° Hello