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Home My WebLink About20022948.tiff 097 a RESOLUTION RE: APPROVE CANCELLATION AND RELEASE OF COLLATERAL FOR SITE PLAN REVIEW (SPR#315) - KEN WILLIAMSON, DBA KING'S COURT PROPERTIES, LLLP 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 February 4, 2000, the Board did approve the application of Ken Williamson, dba King's Court Properties, LLLP, 14504 I-25 Frontage Road, Longmont, Colorado 80504, for a Recreational Vehicle Sales Lot on the following described real estate, to wit: Lot 12, Block 2, Amended Plat of Rademacher Business Park 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 April 9, 2001, the Board of County Commissioner of Weld County, Colorado, approved an Improvements Agreement According to Policy Regarding Collateral for Improvements between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Ken Williamson, dba King's Court Properties, LLLP, with terms and conditions being as stated in said agreement, and did accept Irrevocable Standby Letter of Credit#S407521, drawn on the Norwest Bank Minnesota, N. A., (Wells Fargo Bank), 109 South 7th Street, Minneapolis, Minnesota 55402, in the amount of$10,000.00, as well as an amendment to said Irrevocable Standby Letter of Credit dated March 30, 2001, increasing the amount by $14,715.00, to a total amount of$24,715.00, 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 Irrevocable Standby Letter of Credit#S407521, drawn on the Norwest Bank Minnesota, N. A., (Wells Fargo Bank), 109 South 7th Street, Minneapolis, Minnesota 55402, in the amount of$10,000.00, as well as the amendment to said Irrevocable Standby Letter of Credit dated March 30, 2001, increasing the amount by $14,715.00, to a total amount of$24,715.00 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. 11111111111111111111111 illl IIII1111111III11111IIII Ill 2002-2948 10080 Y R 0.00 D 0.00 1 J.A. "Suki" Tsukam to PL1454 CANCEL COLLATERAL - KEN WILLIAMSON, DBA KING'S COURT PROPERTIES PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 4th day of November, A.D., 2002. BOARD OF COUNTY COMMISSIONERS WEed, J�I� Y, O RADO ATTEST: �/ , r,, " ''tJ GI Vaad, Chair Weld County Clerk to t B CAJ 6'I / David. ng, Pro-Tem�/ BY: r/ Deputy Clerk to the`Ch1 n� aGile QPPRC)VED AS TO FOR . - i '1l/w William H. Jerke l -County Att"arne EXCUSED DATE OF SIGNING (AYE) Robert D. Masden Date of signature: //1,A 1111111111111111111 11111 IIII IIII 1111111 III VIII IIII IIII 3008097 11/22/2002 11:56A Weld County, CO 2002-2948 2 of 2 R 0.00 D 0.00 J.A. "Suki" Tsukamoto PL1454 fir. MEMORANDUM I I TO: Board of County Commissioners C `n ' n r,. �.�, p t CT cJ , a >1: I COLORADO DATE: October 25, 2002 FROM: Kim Ogle, Planner III • SUBJECT: Site Plan Review 315 Ken Williamson, d.b.a. King's Court Properties, LLLP Release of Irrevocable Letter of Credit On October 25, 2002, the Department of Planning Services' performed a site investigation of the completed improvements on Lot 12 Block 2 of the Amended Rademacher Business Park at the request of John G. Canny, legal counsel for Ken Williamson, d.b.a. King's Court Properties, LLLP. The completed improvements for which a draw is being requested includes transportation and non- transportation items. Kim Ogle of Weld County Department of Planning Services'inspected the items and recommends the release of the non-transportation items, including the landscape improvements. Don Carroll of Weld County Department of Public Works in his memorandum dated October 23, 2002 recommends the release of the transportation portion of the improvements agreement. Items covered include site grading, storm sewer facility, retention pond,the water main,fire hydrants and lighting for the site. Given that all improvements have been completed to the satisfaction of the Department of Planning Services' and the Department of Public Works, we recommend that twenty-four thousand seven hundred and fifteen and no/100s ($24,715.00)dollars, be released. Staff's recommendation is to release the collateral, in the form of a Letter of Credit. (Letter of Credit #S407521 drawn on the Wells Fargo Bank, 109 South 7`h Street, Minneapolis, MN 55402). This release is not conditioned. End Memorandum SERVICE,TEAMWORK,INTEGRITY,QUALITY Kim Ogle-SPR-6.doc Page 1 MEMORANDUM TO: Kim Ogle, Planner III DATE: Oct. 23, 2002 FROM: Donald Carroll, Engineering Administrator SUBJECT: SPR-315, KNC RV,Vehicle Sales Yark Lot 12, Block 2, Rademacher Business Park, PUD Release of Collateral On October 18, 2002, I performed a site investigation utilizing the Exhibit "A" portion of the Improvements Agreement to verify completion. The following items have been completed to my satisfaction: site grading, storm sewer facility, retention pond, the water main, fire hydrants, and lighting for the site. The landscaping item appears to be finished, but this should be verified by Planning Services prior to release of any collateral. pc: Carol Harding, CTB SPR-315 file spr-6.doc John G. Canny Weld County Planning Department Attorney at Law GREELEY OFFICE O C T 1 6 2002 3560 Evergreen Parkway, Suite 204 Evergreen,Colorado 80439 RECEIVED Phone(303)670-6310 FAX(303)670-3804 October 15, 2002 Kim Ogle, Planner Weld County Department of Planning Services 155 North 17th Avenue Greeley, CO 80631 RE: Site Plan Review(SPR-315)-K&C RV, Inc. Sales Vehicle Lot Lot 12,Block 2 -Amended Plat of Rademacher Business Park Final P.U.D Dear Mr. Ogle: My client has completed the public improvements on Lot 12,Block 2. Enclosed please find a letter to that effect from the engineer, J.L. Walter. The only thing that has not been completed, which is not a public improvement, is the paving which my client has decided to do when the motorhome vehicle market justifies the additional expense. However, nonetheless, the public improvements, namely the landscaping, has been completed and the purpose of this letter is to request that you take the necessary steps to release the collateral which is, I believe,approximately $24,715.00 in the form of a letter of credit from Wells Fargo and take any other steps which are necessary to complete the release in accordance with the Improvements Agreement. Thank you in advance for your courtesy and cooperation in this matter. If you have any questions, please feel free to contact me. Very truly yours, �phn G. Canny JGC:mbg Enclosure cc: Kings Court Properties, LLLP Weld County Planning Department GREELEY OFFICE 0;t MEMORANDUM OCT 28 2002 RECEIVED WI I TO: Kim Ogle, Planner III DATE: Oct. 23, 2002 OFROM: Donald Carroll, Engineering Administrator • ' SUBJECT: SPR-315, KNC RV, Vehicle Sales Yark COLORADO Lot 12, Block 2, Rademacher Business Park, PUD Release of Collateral On October 18, 2002, I performed a site investigation utilizing the Exhibit "A" portion of the Improvements Agreement to verify completion. The following items have been completed to my satisfaction: site grading, storm sewer facility, retention pond, the water main, fire hydrants, and lighting for the site. The landscaping item appears to be finished, but this should be verified by Planning Services prior to release of any collateral. pc: Carol Harding, CTB SPR-315 file • . 1-7 l spr-6.doc r�3 iwi ..vi nv a .nivn n wi'r icy a ilnl_ ,_,. . ._Io.� ,). ......r, EXHIBIT"A" Name of Subdivision: Amended Plat of Rademacher Business Park Final P.U.D. . Location:Lot 12. Block 2:N.W. 1/4 Sec. 23, T. 3N., R. 68W. Weld County,CO Intending to be legally bound,the undersigned Applicant hereby agrees to provide the improvements shown on the Site Plan Review Nat according to the following schedule: All improvements shall be completed.within 1 year from the date of approval of the Site P.l�g _ Ni 8 a Review Plat a r i Estimated lmt,rovements Unit Cost Construction Cost F $2.000 LS $2,000,00 ✓ Cxadine. Site , Base. Site $ 8 TON 81.900.00 - ' Paving. Site $ 26 TON 92,950.00 Curbs. cutters_ & culverts $ 25 LF 5.000,06 Storm sewer facilities $2.500 LS 2,500.00* ✓ / Retention ponds $1,500 LS 1,500.00*. ," v`, ✓ Water mains-Includes Bore $ 12 LF 4,200.00*, '-- f 1--- Fire hydrants $2.500 EA 5.000.00*, ✓ 7 Liahtine. Site $2.500 EA Pole 35,000.00 F' i ,,--- Fencing reouirements $ 15 LF _301.000.00 *" I Landscanine $10,000 LS 10,000.00*, ' ,./ Grass't.ined Swale $ 3 LF 1,515.00* I ✓, • SUB-TOTAL $271.565.00 7 . . — Engineering and Supervision Costs: $14,000.00 (testing inspection, as-built plans and work in addition to preliminary and Site Plan Review Plat; supervision of actual construction by contractors) TOTAL ESTIMATED COST OF IMPROVEMENTS AND SUPERVISION: $285,565.00 The above improvements shall be constructed in accordance with all County requirements and specifications, and conformance with this provision shall be determined solely by Weld County,or its duly authorized agent. Said improvements shall be completed according to the constriction schedule set out in Fthibit"B". APPLICANT: Kings Court Properties,LLLP BY: Date: ,2001 • Kenneth A. Williamson, General Partner • 0 John G. Canny Weld County Planning Department Attorney at Law GREELEY OFFICE OCT 1 6 2002 3560 Evergreen Parkway, Suite 204 Evergreen,Colorado RECEIVED Phone(303)670-6310-6310 FAX(303)670-3804 October 15, 2002 R CEIV D OCT 17 ZOOZ Kim Ogle,Planner WELD COUNTY Weld County Department of Planning Services PUiLFC WORKS DEPT 155 North 17th Avenue Greeley, CO 80631 RE: Site Plan Review(SPR-315) -K&C RV, Inc. Sales Vehicle Lot Lot 12,Block 2 -Amended Plat of Rademacher Business Park Final P.U.D Dear Mr. Ogle: My client has completed the public improvements on Lot 12,Block 2. Enclosed please find a letter to that effect from the engineer, J.L. Walter. The only thing that has not been completed, which is not a public improvement, is the paving which my client has decided to do when the motorhome vehicle market justifies the additional expense. However, nonetheless, the public improvements, namely the landscaping, has been completed and the purpose of this letter is to request that you take the necessary steps to release the collateral which is,I believe, approximately $24,715.00 in the form of a letter of credit from Wells Fargo and take any other steps which are necessary to complete the release in accordance with the Improvements Agreement. Thank you in advance for your courtesy and cooperation in this matter. If you have any questions, please feel free to contact me. Very truly yours, • ! 1 • 4ohn G. Canny JGC:mbg Enclosure cc: Kings Court Properties,LLLP J L Walter Consulting 114 E.5th Street Loveland,CO 80537 (970)613-2037 FAX (970) 203-1147 October 8, 2002 Mr. Ken Williamson Lone Tree Properties, LLLP 14504 East I-25 Frontage Road Longmont, CO 80504 RE: Lot 12, Block 2, Amended Plat of Rademacher Business Park Final P.U.D. Dear Ken, We have completed a field review of the referenced project this date in regards to completion of public improvements. At the time of inspection, all of the work items listed in the Improvements Agreement are complete. In our opinion,the work was completed in substantial compliance with the construction plans and specifications. If you have any questions regarding the above, please advise. Sincerely, J L Walter Consulting J L Walter CLERK TO THE BOARD PHONE (970)336-7215, Ext. 4225 Wage FAX: (970) 352-0242 P. O. BOX 758 GREELEY, COLORADO 80632 COLORADO December 3, 2002 Wells Fargo Bank Operations Group Northern California 525 Market Street, 25th Floor San Francisco, CA 94105 RE: Cancellation of Letter of Credit S4407521 To Whom It May Concern: Attached hereto please find your 2nd original Letter of Credit No. S407521 and amendment #1. Also enclosed is a copy of the Board of County Commissioner's Resolution approving cancellation and release of said collateral. If you have questions or need additional information, please do not hesitate to contact me at (970) 3356-4000, Extension 4217. Very truly yours, BOARD OF COUNTY COMMISSIONERS � � SS By:7�.4 ....,, ' i `!?' arol A. Harding, Deputy Clerk to the Board Operations Group Northern California 525 Market Street, 25th Floor WELLS FARGO BANK San Francisco, CA 94105 0.�y PAGE: 1 � Sti At,k 4 go- DATE: MARCH 30, 2001 yO4 AMENDMENT TO CREDIT NO. ,ti ti0 Qc NVS373146 02)<S,4C) �C,9 GO AMENDMENT NUMBER: 1 `L tv� 4 e# APPLICANT: Acs. AO tsV GO KINGS COURT PROPERTIES, LLLP "40 b y2 14504 I-25 FRONTAGE RD 4 Zat vti4 LONGMONT, CO 80504 4, 4 'Si 4S S°�O S407521 q4' tO BENEFICIARY: WELD COUNTY COMMISSIONERS ATTN: ASST. COUNTY ATTORNEY-LEE MORRISON 915 10TH ST. GREELY, CO 80631 THIS AMENDMENT IS TO BE CONSIDERED AS PART OF THE ABOVE CREDIT AND MUST BE ATTACHED THERETO. THE ABOVE MENTIONED CREDIT IS AMENDED AS FOLLOWS : THE AMOUNT OF THIS CREDIT HAS BEEN INCREASED BY USD 14 , 715 . 00 . THE AMOUNT OF THE CREDIT ISSUED NOW TOTALS USD 24, 715 . 00 . THE DATE OF EXPIRY IS AMENDED TO: MARCH 15, 2002 . ALL OTHER TERMS UNCHANGED. A HORIZED SIGNATURE PLEASE CONTACT LYNN T. KORN BY TELEPHONE AT 415-396-0497 OR BY FAX AT (415) 284-9453 REGARDING ANY INQUIRIES . Original Operations GrouptilhORIGINAL Northern California 525 Market Street, 25th Floor WELLS FARGO BANK ` ' San Francisco, CA 94105 NORWEST BANK MINNESOTA, NATIONAL ASSOCIATION ROANOKE BUILDING, FIFTH FLOOR, 109 SOUTH 7TH STREET MINNEAPOLIS, MN 55402 TELEX NUMBER 6734665 SWIFT ADDRESS : NWNBUS44 TELEPHONE 1-800-553-3769 MARCH 10, 2000 THIS COPY IS A 2ND ORIGINAL OF TO BENEFICIARY: THE LETTER OF CREDIT NO. S407521 WELD COUNTY COMMISSIONERS WHICH WAS ISSUED BY NORWEST BANK 915 10TH ST MINNESOTA, NATIONAL ASSOCIATION DATED MARCH 10, 2000 . GREELY, CO 80631 ATTN: ASST. COUNTY ATTORNEY WELLS FARGO BANK REF: NVS373146 LEE MORRISON ACCOUNT PARTY: KINGS COURT PROPERTIES, LLLP 14504 I-25 FRONTAGE RD LONGMONT, CO 80504 WE OPEN IRREVOCABLE STANDBY LETTER OF CREDIT NUMBER S407521 IN THE AMOUNT OF 10, 000 . 00 USD ( TEN THOUSAND AND 00/100 U. S . DOLLARS) IN FAVOR OF YOURSELVES EXPIRES MARCH 15, 2001 AT OUR COUNTERS AVAILABLE AGAINST DRAFTS DRAWN AT SIGHT ON NORWEST BANK MINNESOTA N.A. MINNEAPOLIS, MINNESOTA, BEARING THE CLAUSE : "DRAWN UNDER STANDBY LETTER OF CREDIT NUMBER S407521 OF NORWEST BANK MINNESOTA N.A. " ACCOMPANIED BY THE FOLLOWING DOCUMENT (S) : 1 . BENEFICIARY' S SIGNED STATEMENT READING: "WE ARE DRAWING AGAINST STANDBY LETTER OF CREDIT NUMBER S407521 AS FUNDS ARE REQUIRED TO FULFILL LANDSCAPING AGREEMENT. " PAYMENT WILL BE MADE AT THE COUNTERS OF NORWEST BANK MINNESOTA, NATIONAL ASSOCIATION. THIS CREDIT IS SUBJECT TO THE UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDITS (1993 REVISION) INTERNATIONAL CHAMBER OF COMMERCE PUBLICATION NO. 500 . UNLESS OTHERWISE STATED, ALL DOCUMENTS ARE TO BE FORWARDED TO *** CONTINUED ON NEXT PAGE *** Ori ginnl Operations Group (4. . ___..-. ...._..._._.... Northern California . 525 Market: Street, 25th Floor WELLS FARCK)BANK ORIGINAL • San Francisco, CA 90 05 I OUR REF. NO. S407521 PAGE 2 US BY OVERNIGHT COURIER OR HAND DELIVERED TO OUR COUNTERS AT: NORWEST BANK MINNESOTA, N.A. ROANOKE BUILDING, FIFTH FLOOR, 109 SOUTH 7TH STREET, MINNEAPOLIS, MN 55402 ATTN: INTERNATIONAL PRODUCT SERVICES, LETTERS OF CREDIT DEPT. CANCELLATION OF LETTER OF CREDIT PRIOR TO EXPIRATION: THIS LETTER OF CREDIT (AND AMENDMENTS, IF ANY) MUST BE RETURNED TO US FOR CANCELLATION WITH A STATEMENT PURPORTEDLY SIGNED BY THE BENEFICIARY STATING THAT THE LETTER OF CREDIT IS NO LONGER REQUIRED AND IS BEING RETURNED TO THE ISSUING BANK FOR CANCELLATION. WE HEREBY ENGAGE WITH BENEFICIARY THAT DOCUMENTS DRAWN IN ACCORDANCE WITH THIS LETTER OF CREDIT WILL BE DULY HONORED UPON PRESENTATION. fla RWEST BANKHMI ESOTA, TIONAL ASSOCIATION AUTHORIZED SIGNATURE AUTHORIZED SIGNATURE WELLS FARGO BANK, N.A. AUTHOR SIGNATURE BATED: JANUARY 19, 2001 Original Hello