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Address Info: 1150 O Street, P.O. Box 758, Greeley, CO 80632 | Phone:
(970) 400-4225
| Fax: (970) 336-7233 | Email:
egesick@weld.gov
| Official: Esther Gesick -
Clerk to the Board
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20023039.tiff
I 11111111111111111111111111111111111111III111111111IIII 310 of ZZ R 0.011 D00.001J.A. "Suluu"" TsukaWefd moto pj RESOLUTION RE: APPROVE CANCELLATION AND RELEASE OF COLLATERAL FOR SITE PLAN REVIEW, SPR#289 - MHG, LLC, DBA HOME LUMBER AND SUPPLY 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 November 10, 1998, the Board did approve the application of MHG, LLC, dba Home Lumber and Supply, 8037 Midway Drive, Littleton, Colorado 80125, for a Site Plan Review, SPR #289, on the following described real estate, to wit: Lots 11, 12, and 13, Block 1, Amended Plat of Rademacher Business Park Final Planned Unit Development; located in the NW1/4 of Section 23, Township 3 North, Range 68 West of the 6th P.M., Weld County, Colorado, and WHEREAS, on February 17, 1999, the Board of County Commissioner of Weld County, Colorado, did approve an Improvements Agreement According to Policy Regarding Collateral for Improvements (Private Road Maintenance) for Site Plan Review#289, between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and MHG, LLC, dba Home Lumber and Supply, with terms and conditions being as stated in said agreement, and accept Irrevocable Standby Letter of Credit, drawn on the Wells Fargo Bank, Trade Services Division, 525 Market Street, 25th Floor, San Francisco, California 94105, in the amount of$67,950.00, and WHEREAS, staff from the Weld County Departments of Planning Services and Public Works have conducted a visual inspection and recommend 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, drawn on the Wells Fargo Bank, Trade Services Division, 525 Market Street, 25th Floor, San Francisco, California 94105, in the amount of$67,950.00, 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. 2002-3039 PL1423 CC',- /�[ 724), 1G//le 2l!/n SPY, F/ 1 11111111111111 1111 11 1111111 111111 111 11I I11111111111111 3014042 12/12/2002 01:03P Weld County, CO 2 of 2 R 0.00 D 0.00 J.A. "Suki" Tsukamoto CANCEL COLLATERAL - MHG, LLC, DBA HOME LUMBER AND SUPPLY PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 20th day of November, A.D., 2002. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: ikeddik � EL4 EXCUSED GI Vaad, Chair Weld County Clerk to t � ti, �' David . Long, Pro-Tem BY: • Deputy Clerk to the Bo. .. ' tti EXCUSED DATE OF SI NING AYE M. J. Geile APPRO ED AS TO FORM: William H. rke Cou y A orn QL)J \$\�r Robert D. Masden Date of signature: "V5 2002-3039 PL1423 4t MEMORANDUM Iinc_ TO: Board of County Commissioners COLORADO DATE: November 13, 2002 FROM: Kim Ogle, Planner Ill wo SUBJECT: Home Lumber and Supply Company Site Plan Review 289 - Lot 11, 12, 13, Block 1 do Brent Guetz, General Manager On October 26, 2002, the Department of Planning Services' performed a site investigation of the completed improvements on Lots 10, 11, 12 and 13, Block 1 of the Amended Rademacher Business Park at the request of Brent Guetz, General Manager of Home Lumber and Supply Company. The completed improvements for which a draw is being requested includes the replacement of all dead on-site landscaping. Kim Ogle of the Weld County Department of Planning Services' inspected the property and finds the property to be in compliance with the above referenced Site Plan Review Plat. Given that the improvements have been completed for the Home Lumber and Supply Company properties, the Department of Planning Services recommends that the ten thousand and no/100s (10,000.00) dollars held as collateral be released. Mr. Guetz, General Manager of the Longmont facility in his letter received November 12, 2002, also requests the release of a Letter of Credit #Nvs344642 drawn on the Wells Fargo Bank, Trade Services Division, 525 Market Street, 25th Floor, San Francisco, CA 94105 for sixty-four thousand nine hundred and fifty dollars and no/100s ($ 64,950.00). Staff's recommendation is to release the collateral, in the form of a Personal Check, (Check Number 019330 from Bank of America Bank, N.A., Atlanta, Georgia) and the Letter of Credit number Nvs344642 drawn on the Wells Fargo Bank, Trade Services Division, 525 Market Street, 25th Floor, San Francisco, CA 94105. This release is not conditioned. End Memorandum. 2002-3039 Weld County Planning Department HOM Efl CREELEY OFFICE LUMBER "°� °°� RECLEVED October 22, 2002 DEPARTMENT OF PLANNING SERVICES Weld County Administration Offices 1555 N 17th Ave. Greeley, CO 80631 Attn: Kim Ogle Subject: Letter of Credit #NVS344642 Dear Mr. Ogle, Please release the letter of credit#NVS 344642 for site improvements pertaining to Lots 11, 12, and 13, Block 1 of the Amended Rademacher Business Park. The letter of credit was drawn on the following bank: Wells Fargo Bank Trade Services Division 525 Market Street San Francisco, CA 94105 If you have any questions I can be reached at (303) 591-1131. Thank you for your assistance in this matter. Sincerely,..7/ Brent Guetz General Manager Longmont 8037 Midway Drive Littleton, Colorado 80125 8347 Blakeland Drive Littleton, CO 80125 (303) 791-3715 FAX(303) 791-4352 4058 Camelot Cr. Longmont, CO 80504 (303) 485-9894 FAX (970) 535-0648 aime(issio I DEPARTMENT OF PLANNING SERVICES PHONE (970) 353-6100, EXT.3540 O FAX(970)304-6498 E-mail address: kogle@CO.Weld.CO.US COLORADO WEBSITE: www.co.weld.co.us WELD COUNTY ADMINISTRATIVE OFFICES 1555 N. 17TH AVENUE GREELEY, COLORADO 80631 November 4, 2002 Brent Guetz General Manager Administrative Offices Home Lumber& Supply Company 8037 Midway Drive Littleton, CO 80125 Subject: Collateral held by Weld County Government SPR 289: Zeek Partnership, Limited Dear Mr. Guetz: The Weld County Clerk to the Board's Office has notified the Department of Planning Services of collateral held by this office for the completed improvements on Lots 11, 12, and 13, Block 1 of the Amended Rademacher Business Park. The Letter of Credit under consideration is Letter of Credit#Nvs344642 drawn on the Wells Fargo Bank, Trade Services Division, 525 Market Street, 25' Floor, San Francisco, CA 94105 that was held at your request to cover outstanding site improvements. The Department of Planning Services has approved all of the on and off-site improvements and is in a position to release this Letter of Credit upon receipt of an original letter from the Home Lumber & Supply Company. Given this new development, please submit a letter requesting the release of these monies. Should you have any questions, please contact me at the above address, telephone number or e-mail address. Sincerely, Kim Ogle Planner III pc:SPR 289 SPR 324 MEMORANDUM V Iwine TO: Board of County Commissioners COLORADO DATE: July 27, 2000 FROM: Kim Oglelh SUBJECT: SPR-289, Home Lumber and Supply On July 21, 2000, the Department of Public Works performed a site investigation of the completed improvements on Lots 11, 12, and 13, Block 1 of the Amended Rademacher Business Park at the request of Max Guertz, the applicant's representative. The completed improvements for which a draw is being requested include the construction of site paving,sidewalks,on-site sewage facilities,and utility connections. The Department of Planning Services' also performed a site investigation of the completed improvements on July 27, 2000. The completed improvements for which a draw is being requested include the construction of on-site landscaping. Don Carroll of Weld County Department of Public Works has inspected the items,and in his memorandum of July 24, 2000, indicates he has no conflict with the release of funds. Kim Ogle of Weld County Department of Planning Services' has inspected the items and recommends the withholding of the improvements collateral until the dead, dying or missing landscape items have been replaced and all areas containing noxious weeds have been addressed and reseeded. The Departments of Public Works and Department of Planning Services' 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 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. Monies required for replacement collateral shall be three thousand ($3,000.00)dollars. Further,fifteen (15) percent of the landscape item shall be retained for a period of one year. At the end of the one year if no replacement of plant material, including the native grass areas are needed to the site,the fifteen (15) percent collateral shall be released. Monies required for replacement collateral shall be three thousand ($3,000.00) dollars. Materials that shall be replaced include all dead or dying evergreen and deciduous trees. Replacement of the Peking Cotoneaster near the office facility,and removal of all noxious weeds. All areas identified as"native grasses"shall be re-seeded as delineated on the recorded SPR 289 Plat Map, dated February 1, 1999. Lee Morrison,Assistant County Attorney,has advised that the release of funds would be in accordance with the terms of the Improvements Agreement. Therefore,the Department of Planning Services and Department of Public Works recommend that sixty-four thousand nine hundred and fifty dollars and no/100s ($ 64,950.00), be released. Staff's recommendation is to release the collateral, in the form of a Letter of Credit. This release is conditioned on the posting of the warranty collateral of six thousand dollars and no/100s ($6,000.00) by the applicant. The applicant has provided the Department of Planning Services' with a letter asking that the Letter of Credit for all Site Improvements in the amount of sixty-four thousand nine hundred and fifty dollars and no/100s($64,950.00) be retained for a period of one year, thereby enabling all outstanding issues to be addressed and rectified. SERVICE,TEAMWORK,INTEGRITY,QUALITY frA � MEMORANDUM WI TO: Board of County Commissioners DATE: July 27, 2001 COLORADO FROM: Kim Ogle ° SUBJECT: SPR-289, Home Lumber and Supply On July 13, 2001, the Department of Planning Services' performed a site investigation of the completed improvements on Lots 11, 12, and 13, Block 1 of the Amended Rademacher Business Park at the request of Brent Guertz,General Manager of Home Lumber and Supply Company. The completed improvements for which a draw is being requested includes the on-site landscaping. Chris Gathman and Kim Ogle of Weld County Department of Planning Services' have inspected the items and recommends the withholding of the improvements collateral until the dead, dying or missing landscape items have been replaced and all areas containing noxious weeds have been addressed and reseeded. The Department of Planning Services' has indicated that it is stated in Improvements Agreement item numbers 8.1.5 and 8.1.6, that fifteen (15) percent of the landscape item shall be retained for a period of one year. At the end of the one year if no replacement of plant material, including the native grass areas are needed to the site, the fifteen (15) percent collateral shall be released. Monies required for replacement collateral shall be three thousand ($3,000.00) dollars. Materials that shall be replaced include all dead or dying evergreen and deciduous trees. Replacement of plant material near the office facility and removal of all noxious weeds. All areas identified as "native grasses" shall be re-seeded as delineated on the recorded SPR 289 Plat Map, dated February 1, 1999. Lee Morrison, Assistant County Attorney, has advised that the release of funds would be in accordance with the terms of the Improvements Agreement. Therefore, the Department of Planning Services recommends that sixty-four thousand nine hundred and fifty dollars and no/100s ($ 64,950.00), be released. Staff's recommendation is to release the collateral, in the form of a Letter of Credit. (Letter of Credit#Nvs344642 drawn on the Wells Fargo Bank, Trade Services Division, 525 Market Street, 25th Floor, San Francisco, CA 94105). This release is conditioned on the posting of the warranty collateral of three thousand dollars and no/100s ($3,000.00) by the applicant, thereby enabling all outstanding issues to be addressed and rectified. SERVICE,TEAMWORK,INTEGRITY,QUALITY FIELD CHECK inspection date: June 13, 2001 CASE NUMBER: Site Plan Review 289 APPLICANT: Brent Guetz for Home Lumber and Supply Co. LEGAL DESCRIPTION: Lots 11, 12 and 13, Block 1, Amended Rademacher Business Park Final PUD; NW4 Section 23, Township 3 North, Range 68 West of the 6th PM, Weld County, CO LOCATION: South of and adjacent to Camelot Circle; 0.25 miles east of 1-25 Frontage Road Zoning Land Use N A (Agricultural) N E A (Agricultural) E S A (Agricultural) S W A (Agricultural) W COMMENTS: • Applicant requested release of collateral for the above referenced project via letter dated July 11, 2001. Staff preformed a field check to verify all on-site improvements had been addressed and rectified per staff memorandum dated July 27, 2000. Gathman determined that the native grass areas in front of the warehouse and outdoor storage areas are not planted in grass per approved SPR 289 plans. These areas are predominately in mown noxious weeds. Further, several evergreen trees are visibly dead, specific to the east entrance of the warehouse structure and the westernmost detention pond. Ogle photographically documented the on-site conditions. Ogle determined in addition to the Gathman findings that one deciduous tree (Patmore Ash) had been removed and not replaced. Further, additional plant material not previously cited appears to be stressed and may be dead. Further, numerous noxious weeds are present in the planting areas, adjacent to the curbs and at all points of ingress and egress. The detention basin north of the outdoor storage yard on Lot 13 has refuse present and there appears to be a drainage problem stemming from the newly constructed building on Lot 13 for covered outdoor storage. Staff contacted the Department of Public Health and Environment for review of this situation. d Chris Gathman, AICP Kim Ogl , Planner II • I .. .111 • • iil��l �I ___LUMBER llI r !Hi 1 F IIII� ,; , r�llllIlilil Y. ! 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A k / 1 Operations Group Northern California 525 Market Street, 25th Floor WELLS FARGO BANK San Francisco, CA 94105 — PAGE : 1 DATE : FEBRUARY 15, 2000 LETTER OF CREDIT NO. NVS344642 BENEFICIARY: APPLICANT:. BOARD OF COUNTY COMMISSIONERS HOME LUMBER AND SUPPLY COMPANY WELD COUNTY 8037 MIDWAY DRIVE 915 10TH STREET LITTLETON, CO 80135 GREELEY, CO 80631 WFE-S801779 NORWEST BANK MINNESOTA HAS TRANSFERRED ITS ROLE AS ISSUER OR CONFIRMER OF STANDBY LETTER OF CREDIT NUMBER S801779 (THE "CREDIT" ) TO ITS NEW AFFILIATE WELLS FARGO BANK, N. A. , AND WELLS FARGO HAS AGREED TO REPLACE NORWEST AS THE NEW ISSUER OR CONFIRMER OF THE CREDIT. FOR INTERNAL PURPOSES WELLS FARGO HAS ASSIGNED THE CREDIT A NEW LETTER OF CREDIT NUMBER WHICH IS NVS344642 . AS A RESULT OF THE TRANSFER, YOU MAY NOW, AT YOUR OPTION, REFERENCE EITHER THE WELLS FARGO CREDIT NUMBER OR THE ORIGINAL NORWEST CREDIT NUMBER ON DRAFTS PRESENTED UNDER THE CREDIT, AND YOU MAY, AT YOUR OPTION, DRAW SUCH DRAFTS ON EITHER NORWEST BANK MINNESOTA, N. A. OR WELLS FARGO BANK, N. A. ALL FUTURE DRAWINGS UNDER THE CREDIT AND ALL NOTICES AND OTHER CORRESPONDENCE WITH RESPECT TO THE CREDIT SHOULD NOW BE SENT TO WELLS FARGO BANK, N. A. , TRADE SERVICES DIVISION, 525 MARKET STREET, 25TH FLOOR, SAN FRANCISCO, CA 94105 MAC A0103-255 , AND REFERENCE THE CREDIT BY ITS WELLS FARGO NUMBER OR ITS ORIGINAL NORWEST NUMBER. ANY QUESTIONS ABOUT THIS NOTICE SHOULD BE SENT TO US BY MAIL AT THE ABOVE ADDRESS, BY FACSIMILE TRANSMISSION TO (415) 284-9453 , BY TELEPHONE TO . (800) 798-2815 (PRESS OPTION1) , OR BY SWIFT TO WFBIUS6S SFO. Ct {Yam ONES) AUTHORIZED SIGNATURE ' - eV,t,` 1 tiyG* XO$ t;' a. 0\ ii,,.`a r 4O �4� ' - itudT) C'`I-11")„,, at°s N6) 7t {P PC rtlAk Original �v� a©03 ' 3e 3/ III IN MIN NORW@S!BANKS MEM NORWEST BANK COLORADO, NA LETTER OF CREDIT DEPARTMENT 1740 BROADWAY ONE NORWEST CENTER DENVER, CO 80274-8685 TELEX NUMBER: 6737198 NORWEST NBC SWIFT ADDRESS : NWNBUS55 PHONE (303)63-4654 OR (303) 863-4859 FAX (303) 863-4898 IRREVOCABLE STANDBY LETTER OF CREDIT OUR REFERENCE NUMBER: S801779 JANUARY 27, 1999 TO: (BENEFICIARY) BOARD OF COUNTY COMMISSIONERS WELD COUNTY 915 10TH STREET GREELEY, CO 80631 ATTN: CLERK TO THE BOARD OF COUNTY COMMISSIONERS ACCOUNT PARTY: HOME LUMBER AND SUPPLY COMPANY 8037 MIDWAY DRIVE LITTLETON, CO 80135 WE OPEN IRREVOCABLE STANDBY LETTER OF CREDIT NUMBER S801779 WHICH IS AVAILABLE BY PAYMENT AGAINST BENEFICIARY' S DRAFT (S) AT SIGHT, DRAWN ON NORWEST BANK COLORADO, NATIONAL ASSOCIATION. IN FAVOR OF YOURSELVES EXPIRES AT OUR COUNTERS AT 3 : 00 P.M. DENVER TIME ON JANUARY 31, 2000 . THIS CREDIT IS FOR AN AGGREGATE AMOUNT NOT TO EXCEED A TOTAL OF U.S. DOLLAR 67, 950 . 00 (SIXTY SEVEN THOUSAND NINE HUNDRED FIFTY AND 00/100 U. S . DOLLARS) . DRAFTS SUBMITTED MUST BE ACCOMPANIED BY THE FOLLOWING DOCUMENTS : 1 . BENEFICIARY' S SIGNED STATEMENT PURPORTEDLY SIGNED BY AN AUTHORIZED SIGNER STATING: "MGH LLC HAS FAILED TO PERFORM THE OBLIGATIONS SPECIFIED IN THE IMPROVEMENTS AGREEMENT DATED 12/16/98 BETWEEN MHG LLC AND WELD COUNTY. " ***CONTINUED ON NEXT PAGE *** Maa s NORWEE BANKS 'a" II"/I . OUR REF . NO. S801779 PAGE 2 2 . THIS ORIGINAL LETTER OF CREDIT FOR ENDORSEMENT. SPECIAL CONDITIONS : 1 . PARTIAL DRAWINGS ARE PERMITTED. 2 . THIS LETTER OF CREDIT IS DEEMED AUTOMATICALLY EXTENDED FOR PERIODS OF ONE YEAR FROM THE CURRENT OR ANY FUTURE EXPIRATION DATE UNLESS SIXTY (60) DAYS PRIOR TO SUCH EXPIRATION DATE NORWEST BANK COLORADO NOTIFIES THE BENEFICIARY BY REGISTERED MAIL THAT THE BANK DOES NOT CONSIDER THIS LETTER OF CREDIT RENEWED FOR SUCH ADDITIONAL PERIOD. IN ANY EVENT, THIS LETTER OF CREDIT WILL EXPIRE FULLY AND FINALLY ON JANUARY 31, 2001 ALL DRAFTS MUST BE MARKED: DRAWN UNDER NORWEST BANK COLORADO,' NATIONAL ASSOCIATION, IRREVOCABLE STANDBY LETTER OF CREDIT NUMBER S801779 . CANCELLATION OF L/C PRIOR TO EXPIRATION: THIS LETTER OF CREDIT (AND AMENDMENTS) MUST BE RETURNED TO US FOR CANCELLATION WITH A STATEMENT PURPORTEDLY SIGNED BY THE BENEFICIARY STATING THAT : "THIS LETTER OF CREDIT IS NO LONGER REQUIRED BY US AND IS HEREBY RETURNED TO THE ISSUING BANK FOR CANCELLATION. " WE HEREBY AGREE TO HONOR EACH DRAFT DRAWN AND IN COMPLIANCE WITH THE TERMS OF THIS CREDIT IF DULY PRESENTED (TOGETHER WITH THE DOCUMENTS AS SPECIFIED) TO NORWEST BANK COLORADO, NA, 1740 BROADWAY, ATTN: LETTER OF CREDIT DEPARTMENT, DENVER, CO 80274-8685 ON OR BEFORE THE EXPIRY DATE. THIS CREDIT IS ISSUED SUBJECT TO THE UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDITS (1993 REVISION) , INTERNATIONAL CHAMBER OF COMMERCE, PUBLICATION NO. 500 . NORWEST BANK COLORADO, NATIONAL ASSOCIATION BY: (A HORIZED SIGNATURE) (AUTHORIZED SIGNATURE) NMI NORWEST BANKS MIN SHINS o NORWEST BANK COLORADO, NA LETTER OF CREDIT DEPARTMENT 1740 BROADWAY ONE NORWEST CENTER DENVER, CO 80274-8685 TELEX NUMBER: 6737198 NORWEST NBC SWIFT ADDRESS : NWNBUS55 PHONE (303) 863-4654 OR (303) 863-4859 FAX (303) 863-4898 FEBRUARY 10, 1999 TO: BOARD OF COUNTY COMMISSIONERS WELD COUNTY 915 10TH STREET GREELEY, CO 80631 ACCOUNT PARTY: HOME LUMBER AND SUPPLY COMPANY FOR THE BENEFIT OF MHG LLC 8037 MIDWAY DRIVE LITTLETON, CO 80135 OUR STANDBY LETTER OF CREDIT NUMBER S801779 DATED JANUARY 27, 1999 AMENDMENT NO. 001 1 . ACCOUNT PARTY NAME TO READ: HOME LUMBER AND SUPPLY COMPANY FOR THE BENEFIT OF MHG LLC. 2 . BENEFICIARY' S STATEMENT TO READ: "MHG LLC" . ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED. NO ST BANK COLORADO, NATIONAL ASSOCIAT N 1 . d. Ota 07012. THORIZED SIGNATURE AUTHORIZED SIGNATURE
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