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Home My WebLink About20022476.tiff RESOLUTION RE: APPROVE CANCELLATION AND RELEASE OF COLLATERAL FOR PHASE 1 OF USE BY SPECIAL REVIEW#1328 - HCC HOLDINGS, LLP 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 June 27, 2001, the Board did approve the application of HCCP, LLC, 4132 Vista Lake Drive, Fort Collins, Colorado 80524, for a Use permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or Industrial Zone Districts (construction maintenance shop, equipment storage, warehouse, and outdoor storage) in the A (Agricultural) Zone District on the following described real estate, to wit: Lots A and B of Recorded Exemption #2569; being part of the SW 1/4 of Section 9 Township 7 North, Range 66 West of the 6th P.M., Weld County, Colorado, and WHEREAS, on November 19, 2001, the Board of County Commissioners of Weld County, Colorado, did approve an Improvements Agreement According to Policy Regarding Collateral for Improvements (Private Road Maintenance) for USR #1328, between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and HCC Holdings, LLP, with terms and conditions being as stated in said agreement, and accept Irrevocable Standby Letter of Credit#STR18371, drawn on Bank One, 1717 Main Street, 11th Floor, Dallas, Texas 75201, in the amount of$14,092.00, 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 Standby Letter of Credit#STR18371, drawn on Bank One, in the amount of$14,092.00 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. 2002-2476 PL1526 P1/ P CANCEL COLLATERAL - HCC HOLDINGS, LLP PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 9th day of September, A.D., 2002. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO E ATTEST: fate# � ®�� EXCUSED l'ftu Gle aad, Chair Weld County Clerk to t �-OQv David E. Lo , Pro-Tern BY: Deputy Clerk to the Boa's` .�I� M. J. eile APP D AS TO FO 2/l„„_er illi m H. Jerke uhty torney VUPL Robert D. Masden Date of signature: 9� 2002-2476 PL1526 t(e0 DEPARTMENT OF PLANNING SERVICES 1555 N. 17'"AVENUE GREELEY, COLORADO 80631 W EBSITE:www.co.weld.co.us E-mail address: 353 6100, EXT. 3540 PHONE (970) 353-6100, EXT. 3540 • FAX (970) 304-6498 COLORADO August 23, 2002 Rodney Rice Hydro Construction Company, Inc. HCC Holdings LLP 4132 Vista Lake Drive Fort Collins, CO 80524 Subject: Use by Special Review 1328, Site Plan and Letter of Credit Dear Mr. Rice: The Department of Planning Services has received notice from Bank One, Colorado, N.A. - 1717 Main Street, 11'" Floor, Dallas, Texas 75201 that the Irrevocable Standby letter of Credit No. STR18371 in the amount of fourteen thousand ninety-two and no/100 ($14092.00) dollars will not be renewed. Given this situation, the Department of Planning Service preformed an on-site Field Inspection on August 6, 2002, of the above identified property for compliance with both the Use by Special Review Development Standards, approved by the Board of County Commissioners on July 2, 2001, and the Private Road Improvements Agreement approved by the Board of County Commissioners on November 19, 2001. Staff noted that the area designated as"Parking" is graveled, and the numerous annual, biennial and perennial broad leaf plants have been eradicated. Second, staff visually inspected the site for the four(4)Apache Plum, Fallugia paradoxa, shrubs planted adjacent to the structure and east of the structure along the fence. The addition of the plant material meets this condition. Third, the issue of screening the trash receptacle has been addressed to the satisifaction of this office. Given that all outstanding issues pertaining to compliance with the resolution by the Board of County Commissioners have been completed. The Department of Planning Services recommends that the Clerk to the Board release the Bank One Letter of Credit#STR18371 in the amount of 14, 092.00 dollars be released. Should you have any questions or need further information, I may be reached at the above address, telephone number or e-mail address. Sincerely, Kim Ogle Planner III ec:C.Harding,Clerk to the Board B.Barker,County Attorney B.Salzman,Code Compliance File:USR 1328 MEMORANDUM ' TO: Kim Ogle, Planner III DATE: June 17, 2002 CFROM: Donald Carroll, Engineering Administrator O<'"''�,. COLORADO SUBJECT: USR-1328, HHC Holdings LLP I have received an email from Carol Harding, Clerk to the Board, advising that Letter of Credit No. STR18371 in the amount of$14,092 will not be renewed. The final expiration date of this Letter of Credit will be August 24, 2002. The only item identified on the Exhibit A of the Improvements Agreement related to the transportation portion was a street base item in the amount of$850. I visited the site June 14, 2002. The street base item has been completed with additional base placed in the equipment storage area. There is an existing paved parking lot adjacent to the front of the building for customer parking. The Weld County Public Works has no conflict in releasing the $850 street base item for Phase 1. There is no construction visible on Phase 2. I recommend Weld County retain the full amount of collateral associated with the Phase 2. pc: USR-1328 Carol Harding, CTB M:\WPFILES\DON-C\11-USR.VVPD tI-E. rFeiL. O G 2Eti� x..r , A, , r,l M.t y z 4- CAROL Harding - USR1328VIOL.wpd Page 1;i, 400 d 'ilC. COLORADO DEPARTMENT OF PLANNING SERVICES 1555 N. 17th AVENUE GREELEY, COLORADO 80631 WEBSITE: www.co.weld.co.us E-mail address: kogle@CO.Weld.CO.US PHONE (970)353-6100, EXT. 3540 FAX(970)304-6498 June 10, 2002 Rodney Rice Hydro Construction Company, Inc. HCC Holdings LLP 4132 Vista Lake Drive Fort Collins, CO 80524 Subject: Use by Special Review 1328, Site Plan and Letter of Credit Legal: Lot B of Recorded Exempt RE-2569; being part SW4 9-7-66 Situs: 14205 State Highway 14 Parcel#: 0707 09 000035 Dear Mr. Rice: The Department of Planning Services has received notice from Bank One, Colorado, N.A. - 1717 Main Street, 111h Floor, Dallas, Texas 75201 that the Irrevocable Standby letter of Credit No. STR18371 in the amount of fourteen thousand ninety-two and no/100 ($14092.00)dollars will not be renewed. Given this situation, the Department of Planning Service preformed an on-site Field Inspection on June 10, 2002, of the above identified property for compliance with both the Use by Special Review Development Standards, approved by the Board of County Commissioners on July 2, 2001, and the Private Road Improvements Agreement approved by the Board of County Commissioners on November 19, 2001. CAROL Harding USR1328VIOL wpd F _ _ Page 2 Staff noted that the area designated as "Parking" is graveled, however, they are numerous annual, biennial and perennial broad leaf plants which are causing damage to the parking area. Further, per the Weld County Code, Section 15-1-20 identifies several plants that may be considered noxious weeds. Plant material in this category with a height of twelve inches • are considered noxious weeds and shall be eradicated, either by the property owner or by the County at the owner's expense. • • Second, staff was unable to locate the four(4)Apache Plum, Fallugia paradoxa, shrubs that • • were to be planted adjacent to the structure and east of the structure along the fence. Third, you are in violation of Development Standard number 9 of USR 1328, which states: • "A trash receptacle must be provided for the public and must be screened from all adjacent properties and public rights-of-way. (Department of Planning • Services)" • Presently, the trash receptacle is located in an unscreened area outside of the fenced outdoor • service and storage yard. The trash receptacle is highly visible from the west, south and east as the receptacle fronts onto State Highway 14. • • These issues shall be resolved to the satisfaction of the Department of Planning Services prior • • to the Standby Letter of Credit expiration date of August 24, 2002. Should you be unable to resolve these issues and bring the property in compliance, a new Standby Letter of Credit, or • other means of collateral shall be submitted to this office. If no action is taken by Hydro Construction Company, Inc. and/or HCC Holdings LLP, the Weld County Code Compliance • officer will be notified to start proceedings against the property owner and property. • Should you have any questions or need further information, I may be reached at the above address, telephone number or e-mail address. • Sincerely, • Kim Ogle Planner III Iii iii ec:C.Harding,Clerk to the Board B.Barker,County Attorney ii B.Salzman,Code Compliance • ec:Steve Manthey Steve@hydroconstruction.com File:USR 1328 O) a Cu a) m C 0 . 0) a) a) L C F w E 3 Y m C D coII O c a) J C O 0 EO n a) a) N L co a) c r- a) a co co O J it O C N 4t N @ a) a O) 'O e C a) N _@ N O U 'V a) 0 0- o a) Pa J L J .. C z a 3 .N U o —Let L a Za L a co a O '; 3 0 J. O cr c � t U) = O e E .- 0 O YU a) 3 Z O) 2 E: c a) I m o a o V N I. 2 _ O: J 0J O 0 Z' 0 E U W - CO = a V 0 C r N O. UaO -O 0 cn ate) N a) m > a) mN Tt O O 9 7 Cl Cf E c < 9 :7 t a : CL 2 • > YR m CM R O N Y c• c a � a a s @ o '�' lLLI-- d) > UJ CO c H cu co :_: J ;O' Q: V. War=ONE. BANK ONE, COLORADO,N.A. 1717 MAIN STREET, 11TH FLOOR,DALLAS,TEXAS 75201 TELEPHONE: 1-800-924-5435 MAY 29, 2002 APPLICANT: HCC HOLDINGS LLP 363 WEST DRAKE RD., SUITE 201 FT. COLLINS, CO 80526 BENEFICIARY: BOARD OF COUNTY COMMISSIONERS P.O. BOX 758 GREELEY, CO 80632 ATTN: CLERK TO THE BOARD RE: LETTER OF CREDIT NO. STR18371 LETTER OF CREDIT AMOUNT$14,092.00 GENTLEMEN: AS PER THE TERMS AND CONDITIONS OF THE ABOVE-MENTIONED LETTER OF CREDIT, WE HEREBY GIVE NOTIFICATION OF OUR INTENT NOT TO EXTEND OR RENEW THE ABOVE-MENTIONED LETTER OF CREDIT. THE FINAL EXPIRATION DATE OF LETTER OF CREDIT NO. STR18371 WILL BE A UGUST 24, 2002. AUTHORIZED SINATU BANK ONE, CO RADO,N.A. SS: Catalog•06806(6/99) Bi1MCIIplE bus BANK ONE,COLORADO,N.A.-1717 MAIN STREET,11TH FLOOR,DALLAS,TEXAS 75201 TELEPHONE: 1-800-924-5435 IRREVOCABLE STANDBY LETTER OF CREDIT NO.STR18371 PLACE AND DATE OF ISSUE: DATE AND PLACE OF EXPIRY: DALLAS,TEXAS 08/28/2001 08/24/2002 IN DALLAS,TEXAS APPLICANT: ADVISING BANK: HCC HOLDINGS LLP NOT APPLICABLE 363 WEST DRAKE RD.,SUITE 201 FT.COLLINS,CO 80526 BENEFICIARY: AMOUNT:USD14,092.00 BOARD OF COUNTY COMMISSIONERS FOURTEEN THOUSAND P.O.BOX 758 NINETY TWO AND NO/100 GREELEY,CO 80632 U.S.DOLLARS ATTN: CLERK TO THE BOARD GENTLEMEN, WE HEREBY ESTABLISH OUR IRREVOCABLE STANDBY LETTER OF CREDIT IN YOUR FAVOR AVAILABLE BY BENEFICIARY'S SIGHT DRAFT(S) DRAWN ON BANK ONE, COLORADO, N.A. WHEN ACCOMPANIED BY THE ORIGINAL OF THIS CREDIT AND ONE OF THE FOLLOWING STATEMENT(S): • A SIGNED STATEMENT FROM THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO STATING THAT:QUOTE-A)HCC HOLDINGS LLP HAS COMMI'1 I ED A MATERIAL BREACH OF THE IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS REGARDING SEC 9,Ti R66, SIX ACRES 14205 HWY. 14, AULT,COLORADO.-UNQUOTE OR • QUOTE-B)-THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY,COLORADO HAS RECEIVED NOTICE FROM BANK ONE,COLORADO,N.A.THAT LETTER OF CREDIT NO. STR18371 WILL NOT BE RENEWED AND THAT HCC HOLDINGS LLP HAS FAILED TO PROVIDE PROOF OF ADEQUATE COLLATERAL AND SUBSTITUTION OF THIS LETTER OF CREDIT NO. 5TR18371.-UNQUOTE SPECIAL CONDITIONS: PARTIAL DRAWINGS ARE PERMITTED. DRAFT(S)MUST BE MARKED:"DRAWN UNDER BANK ONE,COLORADO,N.A.CREDIT NO.STRI 8371." IT IS A CONDITION OF THIS LETTER OF CREDIT THAT IT SHALL BE AUTOMATICALLY EXTENDED WITHOUT AMENDMENT,FOR ADDITIONAL ONE-YEAR PERIODS FROM THE PRESENT OR ANY FUTURE EXPIRATION DATE, UNLESS WE NOTIFY YOU IN WRITING BY REGISTERED MAIL OR OVERNIGHT COURIER, AT LEAST SIXTY (60) DAYS PRIOR TO THE THEN CURRENT EXPIRATION DATE, THAT WE ELECT NOT TO EXTEND THIS LETTER OF CREDIT FOR AN ADDITIONAL ONE-YEAR PERIOD. WE HEREBY ENGAGE WITH YOU THAT ALL DRAFT(S) DRAWN UNDER AND IN COMPLIANCE WITH ALL THE TERMS AND CONDITIONS OF THIS CREDIT WILL BE DULY HONORED IF DRAWN AND PRESENTED FOR PAYMENT TO BANK ONE, COLORADO, NA. C/O BANK ONE, NA, ATTN: STANDBY LETTER OF CREDIT DEPARTMENT, AT 1717 MAIN STREET, 11TH FLOOR TX1-2490, DALLAS, TEXAS 75201 ON OR BEFORE THE EXPIRATION OR ANY AUTOMATICALLY EXTENDED EXPIRATION DATE OF THIS LETTER OF CREDIT. "*CONTINUED ON PAGE TWO OF THIS LETTER OF CREDIT** oro0I a!a*VIP, PAGE TWO OF WHICH FORMS AN INTEGRAL PART OF LETTER OF CREDIT NO.STRIS371 THIS LETTER OF CREDIT IS SUBJECT TO THE UNIFORM` CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDITS(1993 REVISION)INTERNATIONAL CHAMBER OF COMMERCE PUBLICATION NO. 500. AUTHORIZEDBANK ONE,COLD ,N.A.N SM: BANI MT ONE BANK ONE,COLORADO,N.A.- 1717 MAIN STREET, 11TH FLOOR,DALLAS,TEXAS 75201 TELEPHONE: 1-800-924-5435 IRREVOCABLE STANDBY LETTER OF CREDIT NO.STR18371 PLACE AND DATE OF ISSUE: DATE AND PLACE OF EXPIRY: DALLAS,TEXAS 08/28/2001 08/24/2002 IN DALLAS,TEXAS APPLICANT: ADVISING BANK: HCC HOLDINGS LLP NOT APPLICABLE 363 WEST DRAKE RD.,SUITE 201 / FT. COLLINS,CO 80526 BENEFICIARY: AMOUNT: USD14,0 .00 BOARD OF COUNTY COMMISSIONERS FOURTEEN THO SAND P.O.BOX 758 NINETY TWO NO/100 GREELEY,CO 80632 U.S.DOLLA ATTN: CLERK TO THE BOARD GENTLEMEN, WE HEREBY ESTABLISH OUR IRREVOCABLE STANDBY L R OF CREDIT IN YOUR FAVOR AVAILABLE BY BENEFICIARY'S SIGHT DRAFT(S) DRAWN BANK ONE, COLORADO, N.A. WHEN ACCOMPANIED BY THE ORIGINAL OF THIS CREDIT AND O OF THE FOLLOWING STATEMENT(S): • A SIGNED STATEMENT FROM THE BOARD OF C TY COMMISSIONERS OF WELD COUNTY, COLORADO STATING THAT: QUOTE-A)HCC LDINGS LLP HAS COMMI I I ED A MATERIAL BREACH OF THE IMPROVEMENTS AGREEM T ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS REGA ING SEC 9,T7 R66, SIX ACRES 14205 HWY. 14, AULT, COLORADO.-UNQUOTE OR • QUOTE-B)-THE BOARD OF COUNTY OMMISSIONERS OF WELD COUNTY,COLORADO HAS RECEIVED NOTICE FROM BANK O ,COLORADO,N.A.THAT LETTER OF CREDIT NO. STR18371 WILL NOT BE RENEWS AND THAT HCC HOLDINGS LLP HAS FAILED TO PROVIDE PROOF OF ADEQUATE COLLAT RAL AND SUBSTITUTION OF THIS LETTER OF CREDIT NO. STR18371.-UNQUOTE SPECIAL CONDITIONS: PARTIAL DRAWINGS ARE PE TTED. DRAFT(S)MUST BE MA :"DRAWN UNDER BANK ONE,COLORADO,N.A.CREDIT NO. STR18371" IT IS A CONDITION OF IS LETTER OF CREDIT THAT IT SHALL BE AUTOMATICALLY EXTENDED WITHOUT AMENDME ,FOR ADDITIONAL ONE-YEAR PERIODS FROM THE PRESENT OR ANY FUTURE EXPIRATION DATE LESS WE NOTIFY YOU IN WRITING BY REGISTERED MAIL OR OVERNIGHT COURIER, AT LE T SIXTY (60) DAYS PRIOR TO THE THEN CURRENT EXPIRATION DATE, THAT WE ELECT NOT TO TEND THIS LETTER OF CREDIT FOR AN ADDITIONAL ONE-YEAR PERIOD. WE HEREBY NGAGE WITH YOU THAT ALL DRAFT(S) DRAWN UNDER AND IN COMPLIANCE WITH ALL THE RMS AND CONDITIONS OF THIS CREDIT WILL BE DULY HONORED IF DRAWN AND PRESENTED FOR PAYMENT TO BANK ONE, COLORADO, N.A. C/O BANK ONE, NA, ATTN: STANDBY LETTER'OF CREDIT DEPARTMENT, AT 1717 MAIN STREET, 111E FLOOR TX1-2490, DALLAS, TEXAS 7520 /ON OR BEFORE THE EXPIRATION OR ANY AUTOMATICALLY EXTENDED EXPIRATION DATE OF TH LETTER OF CREDIT. ** CONTINUED ON PAGE TWO OF THIS LETTER OF CREDIT** Catalog 108806(6/99) AgIF AVM=ONE PAGE TWO OF WHICH FORMS AN INTEGRAL PART OF LETTER OF CREDIT NO.S 8371 THIS LETTER OF CREDIT IS SUBJECT TO THE UNIFORM CUSTOMS D PRACTICE FOR DOCUMENTARY CREDITS(1993 REVISION)INTERNATIONAL CHAMBER O OMMERCE PUBLICATION NO. 500. AUTHORIZED SIGN RE BANK ONE,COLO O,N.A. SM: September 9, 2002 , �� ' 4s. TER OF CREDIT NO LONGER REQUIRED: ED FOR CANNCCEELLATION r. fifs��11 � C NTY CLERK O HE BOARD ••' .#-N1: DEPUTY CL RR TO THE BO Catalog f 00806(0/69) Hello