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HomeMy WebLinkAbout20041179.tiff i32 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 • Post-it"Fax Note 7671 Date *of ?? Y�7�QYIPa9as� Y To (,( t rh CU From i:D.-- _.I y Co/Dept. Co Phone u Phone# Fax* Fax* 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 Hello