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Home My WebLink About20020102.tiff 061 RESOLUTION RE: APPROVE CANCELLATION AND RELEASE OF COLLATERAL AND ACCEPT REPLACEMENT COLLATERAL FOR SITE PLAN REVIEW, SPR#347 - EPOCS MANUFACTURING, INC., CIO BRUCE MILLER 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 18, 2001, the Weld County Board of Commissioners did approve an Improvements Agreement According to Policy Regarding Collateral for Improvements (Private Road Maintenance) with EPOCS Manufacturing, Inc., do Bruce Miller, 5609 Highway 60, Johnstown, Colorado 80534, concerning property described as Block 1, Lot 9, Rademacher Business Park Amended Plat; located in the NW 1/4 of Section 23, township 3 North, Range 68 West of the 6th P.M., Weld County, Colorado, and WHEREAS, pursuant to said Improvements Agreement, Irrevocable Standby Letter of Credit#2028 from Colorado Business Bank, 2025 Pearl Street, Boulder, Colorado 80302, in the amount of$202,458.00, was submitted to Weld County, and WHEREAS, staff from the Weld County Departments of Planning Services and Public Works has conducted visual inspections of the project and recommend cancellation and release of said collateral, with 15 percent to be retained for a one-year period, and WHEREAS, the Board of County Commissioners deems it advisable to cancel and release Irrevocable Standby Letter of Credit#2028 from Colorado Business Bank, 2025 Pearl Street, Boulder, Colorado 80302, in the amount of$202,458.00, and to accept Irrevocable Standby Letter of Credit#2039 from Colorado Business Bank, 2025 Pearl Street, Boulder, Colorado 80302, for EPOCS Manufacturing, Inc., c/o Bruce Miller, in the amount of$22,893.00. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that Irrevocable Standby Letter of Credit#2028 from Colorado Business Bank, 2025 Pearl Street, Boulder, Colorado 80302, in the amount of$202,458.00, 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. BE IT FURTHER RESOLVED, that Irrevocable Standby Letter of Credit#2039 from Colorado Business Bank, 2025 Pearl Street, Boulder, Colorado 80302, for EPOCS Manufacturing, Inc., c/o Bruce Miller, in the amount of$22,893.00. be, and hereby is, accepted. 1111111111111111111 111111111111111111 2918061 01/18/2002 11:03A JA Suki Tsukamoto 2002-0102 1 of 2 R 0.00 D 0.00 Weld County CO PL1533 Pe,". PL, P n CANCEL COLLATERAL - EPOCS MANUFACTURING, INC., C/O BRUCE MILLER (SPR #347) PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 9th day of January, A.D., 2002. BOARD OF COUNTY COMMISSIONERS ` WELD COUNTY, O ORADO ATTEST: � !_ c� y �� Gle aad, Chair Weld County Clerk to th � �..r tiO. 42?BY: 0C4 �. F �, David E. L g, Pro-Tem Deputy Clerk to the Boar . J.� eile ) / ED AS TO RM: William H. Jerke un ttor ey EXCUSED Robert D. Masden Date of signature: 11111I 11111 III 111111 1111 11111 III 11111��II till 22ff 2 R 0.00 9 o0 01/18/2002 D 0.00 W1:03A Suki le d County CO ukamoto 2002-0102 PL1533 146t, MEMORANDUM II`Pe. TO: Board of County Commissioners COLORADO DATE: January 4, 2002 FROM: Kim Ogle, Planner III lip • SUBJECT: EPOCHS, Manufacturing Inc. Bruce Miller, applicant SPR 347 Request for Release of Collateral On December 19, 2001, the Department of Planning Services received a letter documenting the completed improvements for EPOCHS, Manufacturing Inc. case number SPR 347 from Bruce Miller, the applicant. The completed improvements for which a draw is being requested includes transportation and non-transportation items, including the Landscape treatment. Don Carroll of Weld County Department of Public Works has inspected the items, and in his memorandum of January 2, 2002, indicates he has no conflict with the release of funds. Kim Ogle of the Department of Planning Services has inspected the non-transportation items and determined that the landscape treatment, for this site has not commenced. The Department of Public Works has indicated that it is stated in Improvements Agreement item numbers 8.1.5 and 8.1.6, that fifteen (15) percent of the asphalt pavement item for on-site improvements shall be retained for a period of one year. At the end of the one year if no distress or repairs are needed to the asphalt, the fifteen (15) percent collateral shall be released. Don Carroll of Weld County Department of Public Works in a memorandum dated January 4, 2002 states "the applicant, Bruce Miller, and the contractor, Coulson Excavating, request that the County accept a letter from the contractor guaranteeing the asphalt for the period of one year. This one year period would guarantee any repairs associated with the asphalt." The Weld County Department of Public Works had worked with Coulson Excavating on many projects. We feel that this contractor is respectable and that the letter would be warranted. The Weld County Department of Public Works will accept this letter in lieu of the fifteen (15) percent retainage of collateral for this project. The Department of Planning Services' recommends the withholding of monies associated with the landscape improvements be retained for a period of one year. At the end of the one year if no replacement of plant material is required, the collateral shall be released. Monies required for collateral shall be twenty-two thousand eight hundred ninety-three and no/100s ($ 22,893.00) dollars. Therefore, the Departments of Planning Services and Public Works recommend that the two hundred two thousand four hundred fifty-eight ($202,458.00) dollars and no/100s, (Irrevocable Standby Letter of Credit#2028 from Colorado Business Bank, 2025 Pearl Street, Boulder, CO 80302) be released and be replaced with a new Letter of Credit. This release is conditioned on the posting of the new Letter of Credit for twenty-two thousand eight hundred ninety-three and no/100s ($ 22,893.00) dollars. by the applicant, thereby enabling all outstanding issues to be addressed and rectified. 2002-0102 MEMORANDUM W LID TO: Board of County Commissioners COLORADO DATE: January 3, 2002 FROM: Kim Ogle, Planner III W° SUBJECT: EPOCHS, Manufacturing Inc. Bruce Miller, applicant SPR 347 On December 19, 2001, the Department of Planning Services received notification from Bruce E. Miller asking for release of collateral for Site Plan Reveiw, SPR 347 located on Lot 9 of 1-25 Rademacher Business Park. The completed improvements for which a draw is being requested includes transportation and non-transportation items, including the Landscape treatment. Kim Ogle of the Department of Planning Services has inspected the non-transportation items and determined that the landscape treatment, for this site has not commenced. Given the issues associated with a lack of plant material, the Department of Planning Services recommends the withholding of all monies associated with the landscape item for a period of one year. At the end of the one year if the on-site landscape treatment has been installed and is healthy, the collateral shall be released. Kat: / , ‘,.-- MEMORANDUM il liD TO: Kim Ogle, Planner III DATE: January 4, 2002 OFROM: Donald Carroll, Engineering Administrator • SUBJECT: Request for Release of Collateral COLORADO EPOCHS Manufacturing, SPR-347 Bruce Miller, applicant This is a follow-up to my memo dated January 2, 2002, requesting that the 15% collateral be retained on the guarantee of the asphalt for a one-year period. The applicant, Bruce Miller, and the contractor, Coulson Excavating, request that the County accept a letter from the contractor guaranteeing the asphalt for the period of one year. This one year period would guarantee any repairs associated with the asphalt. The Weld County Public Works Department has worked with Coulson Excavating on many projects. We feel that this contractor is a respectable and that the letter would be warranted. The Weld County Public Works Department will accept this letter in lieu of the 15% retainage of collateral for this project. All other non-transportation items shall be verified by Planning Services prior to release. pc: Carol Harding, CTB Coulson Excavating Co., Inc. Bruce Miller SPR-347 M:\W PFILES\DON-C\release.wpd WICOLORADO dos �r BUSINESS BANK BOULDER IRREVOCABLE STANDBY LETTER OF CREDIT To: Weld County Department of Planning Services L/C No: 2039 1400 North 17th Avenue EFF DATE: 1/4/02 Greeley, CO 80631 EXPIRATION: 1/4/03 AMOUNT: $22,893.00 We hereby establish our Irrevocable Standby Letter of Credit Number 2039 in your favor for the account of Bruce E. and Barbara E. Miller, in the amount not to exceed Twenty- Two Thousand Eight Hundred Ninety-Three and no/100 U.S. Dollars ($22,893.00) available by draft at sight on us accompanied by certification of the County Administrator, that Bruce E. and Barbara E. Miller failed to comply with the Improvements Agreement and the issuer has been notified of such default. We hereby further agree that: 1. Drafts under and in compliance with the terms of this Irrevocable Letter of Credit will be duly honored if presented at our office at 2025 Pearl Street, Boulder, Colorado 80302, on or before 3:00 P.M. January 4, 2003, or any extended expiry date as indicated below. 2. Funds available under this Irrevocable Letter of Credit may be drawn in such amounts and at such times as determined by Weld County, provided that the amount drawn shall not exceed the aggregate amount specified herein. 3. We shall have no right, duty, obligation, or responsibility to evaluate the performance or non-performance of the underlying contract between Bruce E. and Barbara E. Miller ant the beneficiary of this credit. 4. All drafts must be marked"Drawn under Irrevocable Letter of Credit Number 2039, Bruce E. and Barbara E. Miller. This Irrevocable Letter of Credit shall have a FULL AND FINAL EXPIRATION DATE OF January 4, 2003. Except so far as otherwise stated, this credit is subject to the Uniform Customs and Practice for Documentary Credits (1993 Revision, International Chamber of Commerce Publication No. 500). Sincerely, C Jac L cy Vice President 2025 Pearl Street,Boulder,Colorado 80302 (303)413-6000 Fax(303)786-9701 P6*LH. W&d Ccunty Planning Dapt, t MEMORANDUM LCE VE"ligD C TO: Kim Ogle, Planner III DATE: January 2, 2002 • COLORADO FROM: Donald Carroll, Engineering Administrator iii.r SUBJECT: SPR-347; EPOCS Manufacturing Request for Release of Collateral EPOCS Manufacturing has verified through their consulting engineer and paving contractor that the transportation items identified in Exhibit A of the Improvements Agreement According Policies Regarding Collateral for Improvements (private road maintenance) are complete. In accordance with 8.1.5 and 8.1.6, 15% of the paving items shall be retained for a period of one year. At the end of one year and there is no distress or repairs needed to the asphalt, the 15% collateral ($7,398) shall be released. The Public Works Department authorizes the release of collateral. All other non-transportation items shall be verified by Planning Services prior to release. pc: Carol Harding, CTB SPR-347 M:\WPFILES\DON-QpIan-spr4.wpd ocniNT"'" MOUNTAIN VIEW FIRE PROTECTION DISTRICT �+ a Administrative Office: 9119 County Line Road• Longmont, CO 80501 (303) 772-0710• FAX (303) 651-7702 VIEW December 5, 2001 Mr. Bruce Miller EPOCS Manufacturing, Inc. 4064 Camelot Circle Longmont, CO 80504 Dear Mr. Miller: I have completed an inspection of your facility at 4064 Camelot Circle. The Fire District does not object to the issuance of a Certificate of Occupancy from Weld County at this time. The Fire District has verified that the fire hydrants have been installed as per approved plans and are operational. The fire flow available is 3,600 gallons per minute at 20 p.s.i. Should you have any questions,please contact me at(303) 772-0710. Sincerely, crc LuAnn Penfold Fire Marshal LMP/Ip cc: project file file 4112.01.01 Station 1 Station 2 Station 3 Station 4 Station 5 Station 6 Station 7 9119 Cnty Line Rd. 10971 WCR 13 P.O.Box 575 P.O.Box 11 10911 Dobbin Run P.O.Box 666 P.O.Box 40 Longmont.CO Longmont,CO 299 Palmer Ave. 8500 Niwot Road Lafayette,CO 600 Briggs 100 So.Forest St. 80501 80504 Mead,CO 80542 Niwot,CO 80544 80026 Erie,CO 80516 Dacono,CO 80514 WEIDMANN ENGINEERING 16558 W.C.R.7(rear) CONSULTING ENGINEERS P.O. BOX 395 VICTOR H.WEIDMANN,P.E.&LS.,PRINCIPAL MEAD,COLORADO 80542 (970) 535-4885 November 29, 2001 Mr. Jerry Boos Boos Construction Co. P.O. Box 266 Mead, Colorado 80542 Dear Mr. Boos: Site Development Construction EPOCS Manufacturing, Inc. Lot 9, Block 1, 1-25 Business Park On November 26, 2001 I visited the above project to observe the status of the work. Following is a list of my observations: The basic site grading work was complete, The storm sewer and detention facilities were in place, The landscaping work had not been done, The driveway and parking pavement (6" full depth asphalt) including striping were in place, Sidewalk and curb and gutter were in place, The septic system had been completed, Two new fire hydrants had been installed, Water was connected to the building, The trash enclosure fencing was in place, The heating and lighting facilities in the building were in operation. Sincerely, iii•Nan.rrr C.•j`�••Ct vp1ST ERFU�1924,i :b 11418•t:*a A Victor H. Weidmann, P.E. c • .0, ink• •,ONnI, F OF CO'-,." Dec 10 01 03: 09p C0ULS0N EX 970 667 2193 p. 2 - Coulson Excavating Co. , Inc. Phone 970-667-2178 Fax 8 970-667-2193 3609 N.County Road 13 Loveland,Colorado 80538 December 10, 2001 Jerry Boos P.O. Box 222 Mead, Co. 80542 RE: Eyc,c.s Manufacturing at 4064 Camelot Circle, Weld County, Co. Dear Mr. Boos, This letter serves as verification that Coulson Excavating Co., Inc. placed 6" full depth asphalt pavement on 95% compacted soil on Saturday, November 17, 2001 and meets current standards of Weld County, Colorado. Sincerely, C.>&.�ard Coulson, President Coulson Excavating Co., Inc. • po (ig / MANUFACTURING INC. 8413 Rowe Place Longmont, CO 80504 Phone: (303) 772-7597 • Fax: (303) 772-3270 sales©epocs.com December 19, 2001 Mr. Kim Ogle Department of Planning Services Weld County Administrative Offices 1555 N. 17th Avenue Greeley, CO 80631 Subject: Building Permit#BC-0100273, I-25 Business Park, Lot#9 Dear Kim, We have completed the construction of our new manufacturing facility in the I-25 Business Park. The reason for this letter is to request a release of collateral according to the Improvements Agreement for Site Plan Review#347. Attached you will find: 1. Five copies of a letter from our engineer, Victor H. Weidmann, of Weidmann Engineering. Mr. Weidmann has been the engineer on this project since its beginning and is responsible for all engineering related processes. 2. Five copies of a letter from Richard Coulson, President of Coulson Excavating Co., Inc. Coulson Excavating was responsible for all paving on this project. His letter confirms that all paving meets Weld County requirements. 3. Five copies of"as built"plans, each with an original stamp from our project engineer, Victor H. Weidmann. 4. Five copies of a letter from LuAnn Penfold at Mountain View Fire Protection District. The fire hydrants have been installed per our approved plans and per LuAnn's personal direction. Fire flow tests results are also shown in her letter. I am requesting that Weld County release $177,276.00. Our original collateral amount was $202,458.00. Of that amount, only the landscaping remains to be completed. The estimated construction cost of landscaping is $22,893.00, plus 10% for Engineering and Supervision Costs equals a total of$25,182.00. Please call me if you have any questions. Our new phone number is 970-535-4540. Our fax number is 970-535-4390. Sincerely, E. YYVlxx.(',c Bruce E. Miller Specialists in Precision Sheet Metal Fabrication - Prototype and Production JAN-04-02 FRI 10 :40 AM WELD COUNTY PUBLIC WKS7 FAX: 9703046497 PAGE 1 Jan 04 02 08: 13a C0ULS0N EX 970 667 2193 p. 2 COULSON EXCAVATING C0. • 3609 NORTH COUNTY 13 LOVELAND CO. 80538 Phone 970 667-2178 LARIA9dA Fax 970 667-2193 WARRANTY We hereby guarantee that work performed under sections_Asailt.VRvuR.,, at tT SIa.. A7a4c r_ Iii r, Par1c 1 _done in strict accordance with the plans specifications and work schedule and that the work installed will fulfill the requirements thereof. We agree to repair any or all of our work which may prove to be defective in workmanship or materials or deviations front the Contract Documents within one year from Q1-01-2002 _ above named structure ordinary wear and tear and unusual abuse or neglect for the gl by third parities excepted. Etas Cttstrtnticn Co. Ctrtractor Medr Ctacrat SIGNED J 2002 COULSON EXCAVATING COIv1PANY INC. • Post-it Fax Note 7671 Data 1-4_ 0 alpy D. To (C t r.„ 0 From Co./Dept. e..,44_O PLAN WIN L. Co. P u.). 'baa°n sPR 341 Phone# Fax# Fax ret ,_ CLERK TO THE BOARD PHONE (970)336-7215, Ext. 4225 I FAX: (970)352-0242 P. O. BOX 758 C. GREELEY, COLORADO 80632 COLORADO August 3, 2005 Colorado Business Bank of Boulder 2025 Pearl Street Boulder, Colorado 80302 RE: Cancellation and release of Collateral - EPOCS Manufacturing, Inc., do Bruce Miller 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 is enclosed. If you have questions or need additional information, please do not hesitate to contact me at (970) 356-4000, Extension 4217. Very truly yours, BOARD OF COUNTY COMMISSIONERS By. // Carol A. arding, Deputy Clerk to the Board a - 0/oc9, PL /S'_33 WICOLORADO NO LONGER REQUIRED. RETURNED FOR BUSINESS BANK CANCELLATI . BOULDER Duty C erk to t e Boar IRREVOCABLE STANDBY LETTER OF CREDIT To: Weld County Department of Planning Services L/C No: 2039 1400 North 17th Avenue EFF DATE: 1/4/02 Greeley, CO 80631 EXPIRATION: 1/4/03 AMOUNT: $22,893.00 We hereby establish our Irrevocable Standby Letter of Credit Number 2039 in your favor for the account of Bruce E. and Barbara E. Miller, in the amount not to exceed Twenty- Two Thousand Eight Hundred Ninety-Three and no/100 U.S. Dollars ($22,893.00) available by draft at sight on us accompanied by certification of the County Administrator, that Bruce E. and Barbara E. Miller failed to comply with the Improvements Agreement and the issuer has been notified of such default. We hereby further agree that: 1. Drafts under and in compliance with the terms of this Irrevocable Letter of Credit will be duly honored if presented at our office at 2025 Pearl Street, Boulder, Colorado 80302, on or before 3:00 P.M. January 4, 2003, or any extended expiry date as indicated below. 2. Funds available under this Irrevocable Letter of Credit may be drawn in such amounts and at such times as determined by Weld County, provided that the amount drawn shall not exceed the aggregate amount specified herein. 3. We shall have no right, duty, obligation, or responsibility to evaluate the performance or non-performance of the underlying contract between Bruce E. and Barbara E. Miller ant the beneficiary of this credit. 4. All drafts must be marked"Drawn under Irrevocable Letter of Credit Number 2039, Bruce E. and Barbara E. Miller. This Irrevocable Letter of Credit shall have a FULL AND FINAL EXPIRATION DATE OF January 4, 2003. Except so far as otherwise stated, this credit is subject to the Uniform Customs and Practice for Documentary Credits (1993 Revision, International Chamber of Commerce Publication No. 500). Sincerely, Jac L cy Vice Presiden 2025 Pearl Street,Boulder,Colorado 80302 (303)413-6000 Fax(303)786-9701 re- • (;\;* CLERK TO THE BOARD PHONE (970)336-7215, Ext. 4225 FAX: (970) 352-0242 P. O. BOX 758 C. GREELEY, COLORADO 80632 COLORADO August 3, 2005 EPOCS Manufacturing, Inc. c/o Bruce Miller 5609 Highway 60 Johnstown, Colorado 80534 RE: Cancellation and release of Collateral To Whom It May Concern: Attached hereto please find copies of the Board of County Commissioner's Resolution approving the cancellation and release of collateral,as referenced above. The original *Letter of Credit was returned to Colorado Business Bank of Boulder, 2025 Pearl Street, Boulder, Colorado 80302. If you have questions or need additional information,please do not hesitate to contact me at(970) 356-4000, Extension 4217. Very truly yours, BOARD OF COUNTY COMMISSIONERS By: C rol A. Harding, Deputy Clerk to the Board COLLATERAL RELEASED IN CONJUNCTION WITH OTHER CASES SEE #2005-2091 Hello