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HomeMy WebLinkAbout20050664.tiff 147 RESOLUTION RE: APPROVE CANCELLATION AND RELEASE OF COLLATERAL FOR AMENDED USE BY SPECIAL REVIEW#1216 - LANCE MESSINGER 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 January 28,2004,the Board approved the application of Lance Messinger, 12160 Weld County Road 25.5, Fort Lupton,Colorado 80621,for Amended Use By Special Review#1216 for a Mineral Resource Development Facility, including Oil and Gas Support and Service (storage and repair of downhole oil field tools) in the A (Agricultural) Zone District on the following described real estate, to wit: Lot B of Recorded Exemption#2235;being part of the E1/2 of Section 31, Township 3 North, Range 66 West of the 6th P.M., Weld County, Colorado, and WHEREAS, on March 22, 2004, the Board of County Commissioner 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 Lance Messinger with terms and conditions being as stated in said agreement, and accepted Irrevocable Letter of Credit Number 042, drawn on the Weld County Bank, 7251 West 20th Street, Building A, Greeley, Colorado 80634, in the amount of$25,000.00, 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 Letter of Credit Number 042, drawn on the Weld County Bank, in the amount of$25,000.00, 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. 111111111111111111111111liii 11111111111III 1111111111111 2005-0664 3271147 03/2412005 12:56P Weld County, CO PL1308 1 of 2 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 00 :ft, El C� 03 -ass-as--) CANCEL COLLATERAL - LANCE MESSINGER PAGE 2 e above and foregoing Resolution was,on motion duly made and seconded,adopted by et o .`vote on the 28th day of February, A.D., 2005. BOARD OF COUNTY COMMISSIONERS ! 3 " 8� / J WELD COUNTY, COLORADO William H. ke, Chair ?eld 1 ty Clerk to the Board 4ze �i M eile, Proem BY: �%��////lt/ Deputy Clerk o the Board � id E. Long / APP AS TO Robert D. a5/den ouhty Attorn //g-i61-el G of nn Vaad— Date of signature: _0-±", ;2:1:421- 111111liii 111111111111 IIII 11111111111 III BEM IIII 3271147 03/24/2005 12:56P Weld County, CO 2005-0664 2 of 2 R 0.00 D 0.00 Steve Moreno Clerk& Recorder PL1308 101 4 MEMORANDUM wineTO: Board of County Commissioners 2/23/2005 COLORADO FROM: Chris Gathman - Planner II . SUBJECT: Release of Collateral for AMUSR-1216 (Messinger) On March 22, 2004, the Board of County Commissioners accepted collateral in the amount of $24,999.50 for improvements associated with AMUSR-1216 (Messinger). Improvements to be completed were as follows: Site Grading Estimate $700.00 Asphalt Parking Estimate $3,132.15 Concrete Estimate $6,142.50 Detention Pond & Outfall Pipe Estimate $720.00 Fencing Estimate $5,775.00 Landscaping Estimate $6,570.00 Road Culvert Estimate $1,050.00 Engineering & Supervision Estimate $909.50 Total $24,999.50 After review by the Department of Planning Services and Department of Public Works, it has been determined that the above improvements have been completed and recommends full release of collateral. SERVICE,TEAMWORK,INTEGRITY,QUALITY 2005-0664 pt 1308 Weld County Planning Department CREELEY OFFICE p DEC 2 9 2004 December 27, 2004 RECEIVED Chris Gathman, Planner Department of Planning Services 1555 N. 17th Avenue Greeley, CO 80631 RE: Case Number AmUSR-1216 Dear Chris: I believe that I have complied with all of the conditions set forth in the permit to build the new building located at 12610 WCR 25 Z built this past summer. In light of this, please release the letter of credit to me which is currently in the County's name. Sincerely, Lance F. Messinger IVc d Co ty ';,• -nnt ritt rEft 1 ;7 2_005 MEMORANDUM tEC I ) Wlige TO: Chris Gathman, Planner II DATE: February 11, 22005 FROM: Donald Carroll, Engineering Administrator i;�✓ COLORADO SUBJECT: AmUSR-1216, Lance Messinger At the written request of the applicant, a site visit was performed to verify the completion of improvements identified in the Exhibit "A" portion of the Improvements Agreement. The site plan grading, asphalt parking, concrete pan, detention pond with outlet pipe, and roadside culverts with flared end sections are all in place. This completes the transportation portion of the Exhibit A. We recommend acceptance of these items. All other items not associated with the transportation portion should be verified by Planning Services prior to release. pc: USR-1216 M:\PLANNING - DEVELOPMENT REVIEW\USR-Use by Special Review\AmUSR-1216-A.DOC CLERK TO THE BOARD PHONE (970) 336-7215, Ext. 4225 FAX: (970)352-0242 P. O. BOX 758 O GREELEY, COLORADO 80632 COLORADO March 29, 2005 Lance Messinger 12160 Weld County Road 25.5 Fort Lupton, Colorado 80621 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 your collateral. The original Irrevocable Letter of Credit No.042 has been sent to Bank of Choice, formerly known as Weld County Bank. If you have questions or need additional information,please do not hesitate to contact me at(970) 356-4000, Extension 4226. Very truly yours, BOARD OF COUNTY COMMISSIONERS Esther E. Gesick, Deputy Clerk to the Board CLERK TO THE BOARD PHONE (970)336-7215, Ext. 4225 wilgFAX: (970) 352-0242 P. O. BOX 758 C. GREELEY, COLORADO 80632 COLORADO March 29, 2005 Bank of Choice Attn: Carol Lance 3635 23rd Avenue Evans, Colorado 80620 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 issued to Lance Messinger. The original Irrevocable Letter of Credit No. 042 is enclosed. If you have questions or need additional information,please do not hesitate to contact me at(970) 356-4000, Extension 4226. Very truly yours, BOARD OF COUNTY COMMISSIONERS By: dtzt Esther E. Gesick, Deputy Clerk to the Board \ _ R WeldtY Modern Tanking With Old,fashioned Service IRREVOCABLE LETTER OF CREDIT NO. 042 February 23, 2004 Sit cc Board of County Commissioners 1,4C).' Attn.County Clerk to the Board ��44-411. L e43d Greeley. Cnlorade 80632 RE: 12610 WCR 25 '/: 1O`� F,. be 4 Ft. Lupton, Colorado 80621 Yet to r' B`t' Iyct� Dear Board Members: C-ye We hereby issue our Irrevocable Letter of Credit in your favor for the account of 12610 WCR 25 'A, Ft. Lupton, Colorado 80621, for a sum not to exceed Twenty Five Thousand and 00/100 Dollars ($25,000.00). Each draft so drawn must be marked"Drawn under Weld County Bank, 3635 23'd Avenue, Evans, Colorado 80620, Letter of Credit No. 042"and be accompanied by a signed statement from the Board of County Commissioners of Weld County, Colorado, stating Lance Fred Messinger has committed a material breach of the Improvements Agreement According to Policy regarding 12610 WCR 25 '/. Ft. Lupton, Colorado 80621. The credit is subject, so far as applicable, to"The Uniform Customs and Practice for Documentary Credits, 1993 Revision, and The International Chamber of Commerce Publication No. 500". We hereby agree with you that all drafts drawn under and in compliance with the terms of this credit will be duly honored and presented for payment to our main office,Weld County Bath, 3635 23`d Avenue. Evans. Colorado 80620. This Letter of Credit shall mature February 23, 2005,however, it shall automatically renew for an additional year unless written notification of the pending expiration is received by the Board sixty days prior to the expiration date. Said notice shall be sent by certified mail to the Clerk of the Board of County Commissioners. Yours truly, TY BANK By atty L. Gates Executive Vice President 3635 23rd Ave. 7251 W. 20th St., Bldg. A 37o Justin Ave. Evans, CO 80620 Greeley, CO 80634 Platteville, CO 8o651 970.506.1000 970.3395600 970.785.2000 fax 970.506.1937 fax 970.339.5848 fax 070.785.2590 Hello