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 •
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,
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
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ATTEST:
1t61 I( E �,9:.„„-k ATTEST:
W D COUNTY CLERK TO THE BOARD •
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DE S l�Tl' fErla TO r gi BARD
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ltJ Sv copy NOV Origin Interment
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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..
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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
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