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Home My WebLink About20043284.tiff 334 RESOLUTION RE: APPROVE CANCELLATION AND RELEASE OF COLLATERAL FOR SITE PLAN REVIEW, SPR #352 -JEFFREY WIKRE AND BEACON STORAGE, LLC 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 July 25, 2002, the Department of Planning Services staff, approved the application of Jeffrey Wikre and Beacon Storage, LLC, 124 North County Road 21, Berthoud, Colorado 80513, for Site Plan Review#352 for an Indoor RV, Boat, and Mini Storage Facility on the following described real estate, to wit: Lot 6, Block 2, Rademacher Business Park amended Plat; being part of the NW1/4 of Section 23, Township 3 North, Range 68 West of the 6th P.M., Weld County, Colorado, and WHEREAS, on October 16, 2002, 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 Jeffrey Wikre and Beacon Storage, LLC,with terms and conditions being as stated in said agreement, and accepted collateral drawn on the Centennial Bank of the West, and WHEREAS, on June 4, 2003, the Board of County Commissioners approved replacement collateral, in the form of Amended Irrevocable Letter of Credit#000205 from Centennial Bank of the West, 3561 Stagecoach Road, Longmont, Colorado 80504, in the amount of$31,690.00, and has now received a request for full cancellation and release of said collateral, and WHEREAS, staff from the Weld County Department of Planning Services 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 Amended Irrevocable Letter of Credit#000205 from Centennial Bank of the West, 3561 Stagecoach Road, Longmont, Colorado 80504, in the amount of $31,690.00, be, and hereby is, canceled and released. BE IT FURTHER RESOLVED by the Board that the Clerk to the Board be, and hereby is, directed to return said collateral to the appropriate issuing party. 1111111 11111 11111 11111 VIII 111111 111111 III VIII IIII IIII 3244334 12/15/2004 03:38P Weld County, CO 1 of 2 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 2004-3284 PL1634 nc� `, PL Fz is -a/-oy CANCEL COLLATERAL - JEFFREY WIKRE AND BEACON STORAGE, LLC PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 15th day of November, A.D., 2004. BOARD OF COUNTY COMMISSIONERS �/�� L COUNTY, C LORADO Robert D. Masden, Chair ntowtCie to the Board / William erke, Pro-Tern eputy Clerk to the Board eile APP E S TO • O \ Davi E. Long my Attor Glenn Va Date of signature: /e— -O77 111111111111111111111111111111111111111III1111111111111 3244334 12/1W2004 03:38P Weld County, CO 2 of 2 R 0.00 0 0.00 Steve Moreno Clerk& Recorder 2004-3284 PL1634 i MEMORANDUM WI TO: Carol Harding, Clerk to the Board COLORADO DATE: November 11, 2004 FROM: Kim Ogle, Planning Manager V' SUBJECT: Site Plan Review, SPR-352 Beacon Storage Jeff Wikre, applicant The Department of Planning Services conducted a second field inspection of the property at the request of the applicant, Jeff Wikre of Beacon Storage. The Department of Planning Services' reviewed the completion of the on-site improvements and found them to be complete specific to the landscape improvements and approved amendments as stated and evidenced through the Memorandum dated October 20, 2004. Weld County Government is holding thirty one thousand six hundred ninety ($ 31,690.00) dollars for landscape improvements as stated in Ogle's memorandum to the Board of County Commissioners dated May 2, 2003. The Department of Planning Services' recommends that additional monies will not be required as all landscape improvements are in situ. End Memroandum. 4t MEMORANDUM WID�. TO: Carol Harding, Clerk to the Board i;T a p i 1B 03 COLORADO DATE: October 20, 2004 FROM: Kim Ogle, Planning Manager VA SUBJECT: Site Plan Review, SPR-352 Beacon Storage Jeff Wikre, applicant The Department of Planning Services conducted a field inspection of the property at the request of the Clerk to the Board's office as the Centennial Bank of the West notified Weld County Government that the Amended Irrevocable Letter of Credit would not be renewed. Weld County Government is holding thirty one thousand six hundred ninety ($ 31,690.00) dollars for landscape improvements as stated in Ogle's memorandum to the Board of County Commissioners dated May 2, 2003. Planning Services referenced the Landscape Plan for SPR-352 dated May 23, 2002 and revised July 26, 2002 for compliance with the approved plant material configuration. Visual inspection identified the following on-site conditions: 1. Visual inspection of the property identified several street trees missing or not planted adjacent to Camelot Circle. The Landscape Plan identifies eleven (11) street trees, of which approximately six (6) are located on site. Five additional trees, per the approved Landscape Plan remain to be installed or replaced.. 2. The plan identifies five (5) Austrian Pines to be placed adjacent to the structures north of the facility. Visual inspection identified three (3) trees are located on site. 3. The plan identifies eighteen (18) Common Lilac (Syringa spp.) shrubs along the west building facade. Electronic mail correspondence received from the property owner sought to substitute the Common Lilacs for a second species. Staff agreed and permitted five (5) Austrian Pines to be placed adjacent to the structure. A later electronic mailing dated July 19, 2004 sought to again substitute the five (5) Austrian Pines with five (5) Colorado Blue Spruce. There are presently no plants at this location per this proposed substitution of plant material. A copy of the two electronic mail documents is attached. 4. The entrance sign landscape plant material was also requested for substitution. The approved Landscape plan identified three (3) 'Spring Snow' flowering Crabapples. Six each of Isanti Dogwoods and Broadmoor junipers. Visual inspection appears to have no Flowering Crabapple's planted as approved, and there appears to be barberry spp. planted contrary to staffs approved amendment to the plan. The plant material located at this area shall be in compliance with the approved Site Plan or electronic mail submitted by the Department of Planning Services. 5. Interior to the property is one large six foot plus pile of soil with a herbaceous-weed plant material growing. This pile is not located on either the Site Plan Review drawing or the Landscape Plan. The pile shall be removed from the property and the appropriate action taken to control the herbaceous-weed material located hereon. The Department of Planning Services' reviewed the completion of the on-site improvements and found them to not be complete specific to the landscape improvements and approved amendment as stated and evidenced through this document. The Department of Planning Services' recommends the withholding of monies associated with the landscape improvements be retained. Monies required for collateral shall be thirty one thousand six hundred ninety ($ 31,690.00) dollars. Given that the Centennial Bank of the West notified Weld County Government that the Amended Irrevocable Letter of Credit would not be renewed. It is recommended that the applicant, Jeff Wikre, provide a new Letter of Credit to cover the requited improvements. End Memroandum. Kim Ogle From: Kim Ogle Sent: Monday, July 19, 2004 4:35 PM To: 'JWIKRE@aol.com' Subject: RE: Beacon Storage Jeff Insanti dogwood have good color and variation in texture. Typically they are not likely to grow to their full height given the adverse site conditions present on this site. It is staff's opinion that the barberry proposal may collect wind blown debris and create a maintenance nuisance. Therefore, staff does not grant the request for a change in plant material at this location. Your telephone call concerning a change in size of plant material. Given that this is outside of the MUD, the request is granted. However, the material remains to be guaranteed for a period of one year and shall be replaced if it is diseased, dying or dead. Future requests concerning this land use case shall be submitted to this office in writing. Thank you. Kim Ogle Planning Manager Department of Planning Services Greeley, CO 80631 970 353 6100 x 3540 970 304 6498 facsimile Original Message From: JWIKREGaol.com [mailto:JWIKRE@aol.com] Sent: Tuesday, July 13, 2004 8:18 AM To: Kim Ogle Subject: Beacon Storage Kim, My name is Jeff Wikre, owner of Beacon Storage SPR 352 . My landscape plan shows we had 6 insanti dogwood species next to my business sign. I would like to request to change those 6 to crimson pygmy barberry. the barberry had a 3 ft max.height which would better fit visibility in front of the sign. As we discussed in Dec 2003 the combustibility of the austrian pines, my landscaper recommended that we use colorado blue spruce in place of. I would also like to put in that request. Thank You Jeff Wikre 1 Kim Ogle - Re: SPR 352 Page-1 From: Kim Ogle To: "JWIKRE@aol.com".GWIA.CENTDOMAIN Subject: Re: SPR 352 Jeff Staff reviewed your request and reviewed the recorded Site Plan plat. Staff made the following determination: The Syringa spp., Copmmon Lilac will not be required to be installed. Staff will require five Pinus nigra, Austrian Pines to be place along this lineal wall. Two in clump and one lone tree to the north and two in clump to the south, similiar to the area where the Syringa spp. were proposed. The pines should be set out from the structures so as to not encroach on the structures or foundations. All plantings associated with the site identification sign remain required. Staff will not grant relief from this requirement. >>> <JW IKRE@aol.com> 12/14/03 07:39AM >>> Kim, In reference to our conversation on 12/12 I'm emailing you my concerns on my landscape plan.l'm currently working with my landscaper for the installation of my tree and plant species.lt was brought to my attention that the (18) syrianga lilacs placed on the west end of building "a" could have some problems growing.The landscaper mentioned that the westerly exposer to the wind and sun being placed along the building wil also cause the lilacs not to grow to full maturity,and a hard time getting established.These lilacs were put on the site plan because my former planner mr. Robert Anderson wanted them.l'm asking the commision if they will consider not having to install the (18)Iilacs as I feel the constant maintence problems as well as being a very costly adventure trying to get them established.l'm also asking the commision on relief of(1) dogwood and (1)juniper in my front rock bed by the business sign.The size of the rockbed has to be adjusted slightly in order to keep the plant species out of the street R.O.W.I'm aware the you can landscape in the r.o.w. but I feel that by making this minor adjustment will save possible problems down the road and give alittle more room in the bed for growth. Thank You, Sincerely, Jeff Wikre JW IKRE(a)aol.com r�J V.11rr Y• CENTENNIAL. BANK of the West 771 !II_ 15 AU 8: 00 RECEIVED July 13,2004 Board of Commissioners Attn: Clerk to the Board P.O. Box 758 Greeley, CO 80632 RE: Wikre/Beacon Storage, LLC Dear Members of the Board of County Commissioners, Please accept this as Centennial Bank of the West's notification that our Letter of Credit No. 000205 in the amount of$31,960.00 dated September 24, 2002, amended May 20, 2003, will not be renewed. As per the terms of the agreement we are notifying you sixty days (60)prior to the expiration date of September 24, 2004. If you have any questions or concerns, please feel free to call me at any time at (720) 494-2210. Sincerely, Mel Green Branch President Centennial Bank of the West Del Camino Branch CLERK TO THE BOARD PHONE (970) 336-7215, Ext. 4225 FAX: (970) 352-0242 P. O. BOX 758 C. GREELEY, COLORADO 80632 COLORADO December 1, 2004 Centennial Bank of the West 3561 Stagecoach Road Longmont, Colorado 80504 RE: Cancellation and release of collateral - Jeffrey Wikre and Beacon Storage, LLC To Whom It May Concern: On November 15, 2004, the Board of County Commissioners approved release of Irrevocable Letter of Credit#000205 (Amended) being held by your bank, in the amount of$31,690.00. Enclosed please find the original Letter of Credit, and a copy of the Board's Resolution approving its release. 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 RD By: / ' _ 1 Carol A. Harding, Deputy Clerk to the Board PL16*7 CENTENNIAL BANK of the West t,css� df d Q,t, 0 •c �c IRREVOCABLE LETTER OF CREDIT NO. 000205(Amend 0 '9. 4o cart May 20,2003 ?P'°'I9 ?�G�, ° C4 .p Board of County Commissioners 6 # ATTN: Clerk to the Board t,G 1' Pp P.O.Box 758o Greeley,CO 80632 ° to,l °r wy , RE:Wikre/Beacon Storage,LLC ° e Dear Members of the Board of County Commissioners: We hereby re-issue our Amended,Irrevocable Letter of Credit in your favor in the account of Jeff Wilcre/Beacon Storage,LLC, 124 North County Road#21,Berthoud,Colorado 80513,for a sum not to exceed the aggregate of Thirty One Thousand Six Hundred Ninety and no/100's Dollars($31,690.00). Per Kim Ogle's Memorandum to the Board of County Commissioners dated May 2,2003,this Amended Letter of Credit shall replace Centennial Bank of the West letter of Credit Number 205 for$94,614.00 issued on September 24,2002. The amount of this Letter of Credit is reduced per this amendment as collateral is to be released for work completed. Each draft so drawn must be marked"Drawn under Centennial Bank of the West,3561 Stagecoach Road,Longmont, CO 80504,Letter of Credit NO.000205(Amended)and be accompanied by a"signed statement from the Board of County Commissioners of Weld County,Colorado stating that Jeff Wikre/Beacon Storage,LLC has committed a material breach of the Improvements Agreement According to Policy,Regarding collateral for Improvements regarding The Site Plan Review,dated the 8th day of September,2002,by and between Jeff Wikre/Beacon Storage,LLC and the Board of County Commissioners of the County of Weld." This credit is subject,so far as applicable to"The Uniform Customs and Practices for Documentary Credits, 1983 Revision,The International Chamber of Commerce Publication No.400. We hereby agree with you that all drafts drawn under and in compliance with the terms of the credit will be duly honored and presented for payment to our office,Centennial Bank of the West,3561 Stagecoach Road,Longmont, Colorado 80504. This Letter of Credit will expire on September 24,2003 at 5:00 P.M. This Letter of Credit is automatically extended without amendment,for an additional one-year period from the current expiration date unless 60 days prior to such current expiration date,Centennial Bank of the West notifies beneficiary in writing that the Letter of Credit will not be renewed. In the case you receive such a notification,you may draw by presentation of the following:(a)a draft at sight on Centennial Bank of the West;(b)a statement purportedly signed by an official of the Board of County Commissioners of Weld County,Colorado stating that we have received notice form Centennial Bank of the West the Letter of Credit No.000205 will not be renewed and that Jeff Wilcre/Beacon Storage, LLC has failed to provide proof of adequate collateral and substitution of this Letter of Credit No.000205;(c)copy of letter from Centennial Bank of the West stating non renewal of Letter of Credit No.000205,and the original letter of credit. Sincerely Ro in M.Golden Senior Vice President ASCI • CLERK TO THE BOARD PHONE (970) 336-7215, Ext. 4225 ' FAX: (970) 352-0242 P. O. BOX 758 C. GREELEY, COLORADO 80632 COLORADO December 1, 2004 Jeffrey Wikre and Beacon Storage, LLC 124 North County Road 21 Berthoud, Colorado 80513 RE: Cancellation and release of Collateral Letter of Credit#000205 (Amended) 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. 000205 (Amended) has been returned to Centennial Bank of the West, 3561 Stagecoach Road, Longmont, Colorado 80504. 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 • Carol A. H r g, Deputy Clerk to the Boar Hello