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RESOLUTION
RE: APPROVE CANCELLATION AND RELEASE OF COLLATERAL FOR GARCIA
PLANNED UNIT DEVELOPMENT FINAL PLAN, PF #564 - HACIENDA BUILDERS,
INC., CIO FRANCISCO GARCIA, JR.
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 22, 2002, the Board approved the application
of Hacienda Builders, Inc., do Francisco Garcia, Jr., 914 North 5th Street, Johnstown, Colorado
80534, for a Planned Unit Development Final Plan, PF #564 on the following described real
estate, to wit:
Lot A of Recorded Exemption #2509; being part of
the NE1/4 of Section 6, Township 4 North, Range
68 West of the 6th P.M., Weld County, Colorado,
and
WHEREAS, on May 19, 2003, the Board of County Commissioner of Weld County,
Colorado, approved an Improvements Agreement According to Policy Regarding Collateral for
Improvements (Private Road Maintenance) for Garcia Planned Unit Development, between the
County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld
County, and Hacienda Builders, Inc., do Francisco Garcia, Jr. with terms and conditions being
as stated in said agreement, and
WHEREAS, on August 4, 2003, the Board approved cancellation and release of a portion
of the collateral being held, and accepted replacement Irrevocable Letter of Credit #009, drawn
on the Colorado Community Bank of Loveland, in the amount of$13,090.00, and
WHEREAS, staff from the Weld County Departments of Public Works and Planning
Services have 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#009, drawn on the Colorado
Community Bank of Loveland, in the amount of$13,090.00 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.
11111111111111111IIII111111111111111111III HMI 1111 2004-1179
3178132 05/07/2004 10:43A Weld County, CO PL1592
1 of 2 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
(lc PL F1. CcP 05-
CANCEL COLLATERAL - HACIENDA BUILDERS, INC., C/O FRANCISCO GARCIA, JR.
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 19th day of April, A.D., 2004.
BOARD OF COUNTY COMMISSIONERS
/4�0 �%/////J/J WELD COUNTY, COLORADO
w ATTEST: Jj.j :; La ialak
�,• obert D. Masden, Chair
Weld County Clerk to the BY: a ' _
c- ?" ,� illiam H. i'rke, Pro-Tern
Deputy Clerk to the Boa I .
M. J.
AP V D AS T s " O : (q/ C
Davie. Long2-7
J
o t tornely � ^"/G� (14
Glenn Vaad
Date of signature: y/27
111111111111111111111111111111111111111IIIIII1111111111 2004-1179
3178132 05/07/2004 10:43A Weld County, CO PL1592
2 of 2 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
‘ttArn MEMORANDUM
Wi`PC DOTE: Boa2f O04 County Commissioners
April
COLORADO
FROM: Kim Ogle, Planning Manager
SUBJECT: Garcia PUD, Case Number PF-564
Applicant: Francisco Garcia, Jr.
The Weld County Department of Planning Services received a telephone call from Francisco
Garcia, on Wednesday April 7, 2004 requesting a final landscape inspection and the release of
collateral for PF-564, Garcia PUD. This release is for the non-transportation portion of the
collateral, as per Mr. Carroll's memorandum dated June 27, 2003, all transportation items have
been verified as being complete.
The Department of Planning Services completed a field inspection on Friday April 9, 2004 and
determined that the (non-transportation) landscape portion of the improvements agreement
have been completed.
Therefore, the Department of Planning Services recommends that the replacement Letter of
Credit #000009 for thirteen thousand ninety ($ 13,090.00) dollars from Colorado Community
Bank of Loveland, 1050 Eagle Drive, Loveland, CO 80537, be released.
2004-1179
APR-t8-04 THU 03:02 PM WELD COUNTY PUBLIC WKS7 FAX:9703046497 PAGE 1
t \ lei MEMORANDUM
TO: Chris Gathman, Planner II DATE: June 27, 2003
Public Works Department
FROM: Donald Carroll, Engineering Administrator Deb
COLORADO SUBJECT: PF-564, Garcia PUD -,
Inspection of Improvements
I•have been monitoring the construction of the Garcia PUD, which started approximately
April 4, 2003. On June 20, 2002, Little Thompson Water sampled the water from the
fire hydrant for purity and consumption.
I have verified and watched during construction the following items identified in Exhibit
A: site grade, street grade, street base, water main, fire hydrant, and street culvert. All
the items listed are complete to my satisfaction. The only remaining items needed are a
street name sign and a stop sign. These signs shall be installed in the appropriate
iP
{L locations at the intersection of WCR 3.
(r ild)31 I have notified Gerrard Excavating about the signage.
AN other non-transportation items should be verified by Planning Services prior to
release of collateral.
pc: PP-564
Carol Harding, CTB
M:\PLAN NING\PF.4,doc
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PAGE 2
APR-408-04 THU 03 ,02 PM WELD COUNTY PUBLIC WKS7 FAX:9703046497
4; (ft\
' ' '-i'' '''''; ' ''''," ' ---_ , . . MEMORANDUM
TO: Peter Schei DATE: April 28, 2003
Public Works Department
�y T �y ' - FROM: Donald Carroll, Engineering Administrat
C 'ORA�O °r ',/`,'
SUBJECT: PF-594; Garcia PUD •
Acceptance,of Collateral
{have:reviewed the Improvements Agreement According to Policy Regarding Collateral
for; irnprpvement '(Private Road Maintenance) for the Garcia PUD. The quantities, unit
.cos$ and-estimated costs appear to be adequate to complete the transportation portion
of the Garcia PUD.
There ts:an offsite agreement for improvements to WCR 3 associated with the Garcia
Pt3C Tfte applicant has submitted: this agreement for.review and approval. The.
agreern0nt vitas based on 22% of the total cost of the intended improvement for the
p'avir}g of WCR 3. The developer agreed to escrow monies as follows;
At;the sale of each,lot by/the developer to the third person, the sum of$3,134.74
shall be escrowed:
Cf; the County has not completed the paving, of-WCR 3 within five years of the
agreement date, any funds held in the escrow shall be returned.
The Weld County Public Works Department recommends approval of both agreements
associated;with PR-564,.Garcia PUD. •
pc Cbris'Ga,thman, Planning Services.
CArol.Harding;:.CI!
I'P364
APR-'08-04 THU 03.03 PM WELD COUNTY PUBLIC WKS7 FAX:9703046497 PAGE 3
f ft
E ORA NDUM
® TO: Clerk to the Board DATE Aptil 28, 2003
o
COOL DO FROM: Franiec Hempen, Jt:;P.E,
Director of Public Works/County Engineer
SUBJECT: Agenda Item
fle.tsc.ait2mtt the enclosed item for"the-next Board meeting
Agreement for Improvement for'K CR3 with Hacienda Builders
be-appropttate documentation is enclosed
FnGkrsi�cs •
p. Dtirnaki.Cartoll,Engineering Administrator
M-'cF7 re1g ILU+.f`ibNDq.4.DOC'
res
CLERK TO THE BOARD
PHONE (970) 336-7215, Ext. 4225
FAX: (970) 352-0242
WI I P C
P. O. BOX 758 GREELEY, COLORADO 80632
COLORADO
May 12, 2004
Colorado Community Bank of Loveland
ATTN: Harry Morgan
1050 Eagle Drive
Loveland, Colorado 80537
RE: Cancellation and Release oflrrevocable Letter of Credit No. 009 - Hacienda Builders, Inc.
To Whom It May Concern:
Attached hereto please find a copy of the Board of County Commissioner's Resolution approving
the cancellation and release of the above listed collateral, as well as the original letter of credit.
If you have questions or need additional information, please do not hesitate to contact me at
(970) 356-4000, Extension 4217.
Very truly yours,
BOARD OF COUNTY COMMISSIONERS
By: j' '// -T apt �f-r/v1.:.'
Carol A. HardirSg;
Deputy Clerk to the Board
Colorado Community Bank of Loveland
IRREVOCABLE LETTER OF CREDIT NO. 009 1050 Eagle Drive
Loveland, CO 80537
July 21, 2003 (970) 278-0040
4 •
Board of County Commissioners 1‘G44
Attn: Clerk to the Board Sp �p1y
Po Box 758 0Q
'G \>S'Ot"
Greeley, CO 80632 N�, 4�pSS4ti ��p4
p
Q$
Re: Hacienda Builders, Inc ¢5 p� EO4 S�
y���� �9 � Gy�4St
To Whom It May Concern: Qb
We hereby open our Irrevocable Letter of Credit in your favor for the account of Hacienda Builders, Inc, 1959 Blanca Ct,
Loveland, CO 80538, for a sum not to exceed the aggregate of thirteen thousand ninety dollars and zero cents
$13,090.00.
Each draft so drawn must be marked "Drawn under COLORADO COMMUNITY BANK OF LOVELAND, 1050 EAGLE
DRIVE, LOVELAND, CO 80537, Letter of Credit No. 009 and be accompanied by a "signed statement from the Board of
County Commissioner of Weld County, Colorado stating the borrower has committed a material breach of the
Improvements Agreement According to Policy Regarding collateral for Improvements regarding the Garcia PUD dated the
3rd of April, 2003 by and between Hacienda Builders, Inc and Board of County Commissioners of the County of Weld."
This credit is subject, so far as applicable, to"The Uniform Customs and Practice for Documentary Credit, 1993 Revision,
The International Chamber of Commerce Publication No. 005."
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, COLORADO COMMUNITY BANK OF LOVELAND, 1050 EAGLE DRIVE,
LOVELAND, CO 80537. This letter of credit will expire on April 3, 2004 at 5:00 p.m.
This letter of credit is automatically extended without amendment, for additional one year periods from the current
expiration or any future expiration date unless 60 days prior to such current expiration date COLORADO COMMUNITY
BANK OF LOVELAND 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 COLORADO COMMUNITY
BANK OF LOVELAND; (b) a statement purportedly signed by an official of the Board of County Commissioners of Weld
County, Colorado stating that we have received notice from COLORADO COMMUNITY BANK OF LOVELAND the Letter
of Credit No. 009 will not be renewed and that Hacienda Builders, Inc has failed to provide proof of adequate collateral
and substitution of this Letter of Credit No. 009; (c)copy of letter from COLORADO COMMUNITY BANK OF LOVELAND
stating non-renewal of Letter of Credit No. 009 and the original letter of credit.
Yours truly,
Garrett Raetz
Vice President
CLERK TO THE BOARD
PHONE (970) 336-7215, Ext. 4225
IDFAX: (970) 352-0242
P. O. BOX 758
C. GREELEY, COLORADO 80632
COLORADO
January 5, 2004
Hacienda Builders, Inc.
Francisco Garcia, Jr.
914 North 5th Street
Johnstown, Colorado 80534
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. A copy of the resolution and the original Letter of
Credit has been sent to Colorado Community Bank of Loveland.
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// ie
COMMISSIONERS
By:4lyfi.�
Carol A. Hat g,
Deputy Clerk to the Board
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