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RESOLUTION
RE: APPROVE CANCELLATION AND RELEASE OF COLLATERAL FOR SITE PLAN
REVIEW, SPR#368 - MASS INVESTMENTS, 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 February 18, 2004, the Board approved the application
of MASS Investments, LLC, P. O. Box 435, Mead, Colorado 80542-0435, for a Site Plan Review,
SPR #368, for an Automotive Repair and Retail Business on the following described real estate,
to wit:
Lot 9, Block 5, 2nd Corrected Vista Commercial
Filing 2, being part of Section 8, Township 2 North,
Range 68 West of the 6th P.M., Weld County,
Colorado, and
WHEREAS, on July 12, 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 MASS Investments, LLC
with terms and conditions being as stated in said agreement, and accepted Irrevocable Standby
Letter of Credit NZS520098, drawn on Wells Fargo Bank, N. A., Trade Services Division,
Northern California, One Front Street, 21st Floor, San Francisco, California 94111, in the
amount of$78,631.00, and
WHEREAS, staff from the Weld County Departments of Public Works and Planning
Services have conducted a visual inspection and recommend release of said collateral.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the Irrevocable Standby Letter of Credit NZS520098, drawn on
Wells Fargo Bank, in the amount of$78,631.00, 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.
1111111111 1111111111111 I I I I 111111 I I 111111 I I I I
3236605 11/18/2004 MOO? Weld County, CO
1 of 2 R 0.00 0 0.00 Steve Moreno Clerk& Recorder 2004-3195
PL1730
CANCEL COLLATERAL - MASS INVESTMENTS, LLC
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 3rd day of November, A.D., 2004.
BOARD OF COUNTY COMMISSIONERS
'lanai, Wg.,LD COUNTY, COLORADO
J I / /M AL
I� S="'° • • Robert D. asden, Chair
iti '� Jerk to the Board
ale ,e
••r�:r . �, .,• , • William Hrke, Pro-Tem
o_-puty Clerk to the Board -
M. .` eile
AP O D AS TO M: Q
Davi. Long
C yA orn y
Glenn Vaad /
Date of signature: _1
1111111111111111111111111111111111 NIMBI HIM
3236605 11/18/2004 12:00P Weld County, CO 2004-3195
2 of 2 R 0.00 0 0.00 Steve Moreno Clerk& Recorder PL1730
a\ :;; MEMORANDUMI
wineTo: Board of County Commissioners Octpb r 29 2004 2
COLORADO
From: Chris Gathman, Planner II
Subject: Release of Collateral in the form of a Letter of Credit forLSfR-
368 (Mass Investments, LLC)
On , July 12, 2004 the Board of County Commissioners accepted an Irrevocable Letter of Credit
in the amount of Seventy Eight Thousand Six Hundred Thirty One Dollars ($78,631.00) for Site
Plan Review 368 (Mass Investments, LLC).
To date the following Off-Site improvements were to be completed:
Site Grading estimate $ 138,000.00
Street grading, street base, street paving estimate $ 213,750.00
Curbs, gutters & culverts estimate $ 6,835.00
Sidewalk estimate $ 2,770.00
Sanitary sewers estimate $ 2,170.00
Fencing estimate $ 5,146.00
Landscaping estimate $ 20,320.00
Gas estimate $ 1,560.00
Water Transfer estimate $ 6,314.00
Engineering & Supervision estimate $ 4,774.00
Total Estimated Cost of Improvements and supervision $ 78,631.00
After review of the site by the Department of Public Works and the Department of Planning
Services, it has been determined that the work for Site Plan Review 368 (Mass Investments,
LLC) covered under the Irrevocable letter of credit has been completed, and the Department of
Planning Services recommends release of collateral.
SERVICE,TEAMWORK,INTEGRITY,QUALITY
Chris Gathman
Department of Planning Services
Weld County
918 10th Street
Greeley, Colorado 80631
Re: Matthews Automotive Super Shop, Inc.
SPR-368
Chris,
Our project is scheduled for completion on Friday, October 15, 2004.
All on site improvements will be completed. Please schedule your final inspection.
Per our conversation, we anticipate the prompt review by the Board and release of the
collateral for improvements.
If you have any questions,please call at (970) 535-0405 or my cell number, (303) 818-
6630.
Thank you again for all your help.
Regards,
Mariette Matthews
Matthews Automotive Super Shop, Inc.
1444 Vista View Drive
Longmont, Co. 80542
Cc: Don Carroll,Public Works
.7 — 77o — 535- gg2A1 — FATAL
W d County Planning Department
Kit—tfa MEMO RAN D U I� GREELEY OFFICE
OCT 222004
TO: Chris Gathman, Planner II DATE:RECcEIVED
FROM: Donald Carroll, Engineering Administrator O
111 C SUBJECT: SPR-368, Mathews Automotive Super Shop
COLORADO
At the written request of the applicant, the final inspection was completed for the transportation
portion identified in Exhibit A for SPR-368. All transportation items are complete to our satisfaction.
We recommend release of this portion of the collateral. All other non-transportation items should be
verified by Planning Services prior to total release.
pc: SPR-368
M:\PLANNING-DEVELOPMENT REVIEW\SPR-Site Plan Review\SPR-368-B.doc
MEMORANDUM
16tt, Date: October 19, 2004
To: Donald Carroll,Engineering Administrator
I lID C From: Tracy Dyer, Lead Construction Inspector
—'
COLORADO RE: Mathews Automotive Super Shop/ SPR- 368
Donald:
Per you request I preformed an on-site visit to 1444 Vista View Drive, Longmont, CO 80504. The
site has satisfactorily completed the required site grading, asphalt paving, curb, gutter, sidewalk, and
rip rap placement as noted on the submitted plans and on Exhibit "A". All plan dimensions of
improvements are completed accordingly. Landscape was under way and re-vegetation had begun
naturally in the barrow ditches adjacent to the property, as well seeding was planted on all perimeter
surfaces.
Mew.ca TO c- - 3 iO- Iq- O `�
is APR-22-2004 15:43 SUN CONSTRUCTION 303 444 6774 P.02/02
, I1MW L'IV1L GMaINCerem eRV T.=.• ,.r� .. —• - •
04/89/04 13;35 FAX 971304 6498 VELD PLANNING 'COOS
• EXHIBIT"A"
Name of Subdivision
or Planned tlaitDevelopment
Filing: HIM
l� �J
Location: HIM c L 4 i-�,t„o °,v e • 1,6, ,,,,,,c}-/ to S0c0 r
Intending to be legally bound, the undersigned Applicant hereby to provide throughout this y-
Subdivisianor Planned Unit Development the following improvements. (Lean spaces blltnk where tlteydo 9 •
not tpp1Y)
I
Improvements OMMEIV LIPS Unit Estimated
gilsa Constmetio Ong
Suagt . ,.. /978' Cy $3 6.1 It" .
Stunt ba -
Stout base
as - I+ o&} 9 S PO SK 2 ,. v
Curbs, and nitwit , /8' LF 1/.05- :35 -- ✓
Sidewalk G/ 5F 2. 3 770 ,�
Storm sower facilities _—
Retentionpoads 1 i -
Ditch Impan iama4
Subsurface datags
Sanitary=was /oO LF 21.10 2/ /70 —
•
Trunk and forced Lees
Maim I -
Iat4rls Swum connected) I
On-site sewage facilities I
Oa-site waxer supply and storage
Water Males(includes tore)
-Fire hydra
Surveyand street monuments and boxes
Street hiking
Street Names
Fencing requirements 2.5-6 L# 20- 10 ¶, IS' -
Landscapig ,778' SF . 60 26/ q2.0 --
Park improvements
Road adroit
Grass tined swats -
Telepaoee
Oar (nb 4-f 4 2b.az+ i s-‘0 -
_
Blaetric
Water transfer no LF •g7.Yo A 3/y -
SXIB-TOTALS 75135
Engineering and Supervision Costs S !/7 7 y
(Testing,inspection,as-built plans and work in addition to preliminary and final plat;supervision of actual
construction by contractors) /
TOTAL ESTIMATED COST OF IMPROVEMENTS AND SUPERVISION VA 6 3 i
- Nate ; -A s /ins Out' no4 inch Ad
In d,y',no,I ,.xh 6`N'- t� / 5itkre nsnonsatuat
at:tiwranastwaroneearvsts
'v a
TOTAL P.02
Tuesday, October 26, 2004 1:59 PM Matthews, Jack& Mariette 970 535 9422 p.02
d/20e4 23:e8 30:3b 18/4e1 ,., . . ... - -
Custom;Environmental Design
Estimate
1517 Ashcroft Drive- DATE ESTIMATE NO.
Longmont, CO 80501 3/27J2004 12312
(303) 678-7481
,
NAME/ADDRESS
Sun Consetuetlon
David Bode'
1232 Boston Ave.Longmont
303.444.47$0
303.444.6774 fx .
PROJECT
Mathews Auto Landscape
'., QTYCOST TOTAL
DESCRIPTION 1.95 351.00
1804,874.75
Galvanized Mewl Edging(includes edge cap) 28,675 0.17
8,792 0.09 791.28
Native e N Area See Aresort prep as spec 0.45 2,122.20
91
Non "Prep W Native Seed Area 4,716
1 1/2"Washed Mock Gravel for Proposed Storage Yard 125.00 125.00
Baclal 125.00
P
o w Preventing Devise I 125.00
Point of Counectlon(POC) 2 400.00 800.00
Automatic Drip Irrigation For Plants and Trees 1 2,900.00 2,900.00
Temporary Sprinkler Set Up For Native Seed Area 2,836 0.75 2,127.00
11/2"WavhedlllockGravel 7.00 75 364.00
(includes geote#ile fabric) 521,632.00
Sleeve's 4"PVCn below grade 51 32.00
Ii
Shrubs all 5 gallon 7 85.00 595.00
Shrubs 5'-6•rlita rg: . 375.00 3,000.00
'Pine
iOn eesa6Trees 2.5"caliper- .rq r 350.00 1.40000
Deciduous
trees 6'kit ;, 3 310.00 930.00
Deciduou s shhde Trees 2"caliper ' - j
0.00
Hose bib alternate-subtract POC
I
r s'G r.
Al!Prima arc furnished and Installed with 12 month Warrantee on workmanship and materials TOTAL
a-
44.4
S.
(it
CLERK TO THE BOARD
PHONE (970) 336-7215, Ext. 4225
' FAX: (970) 352-0242
P. O. BOX 758
C. GREELEY, COLORADO 80632
COLORADO
November 12, 2004
Wells Fargo Bank
Attn: Joy Waters
2164 35th Avenue
Greeley, Colorado 80634
RE: Cancellation and release of Collateral - MASS Investments, LLC
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, as referenced above. The original Irrevocable Letter of
Credit No. NZS520098 is enclosed.
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: i zJ/ �4 /-
Carol Harding,
Deputy Clerk to the Board
Weld County Planning Department
GREELEY OFFICE t /�
Trade Servi . '
WELLS tL' MAC A019+4` ,
JUN 10 2004 One Frong T1Sf '"" �%
• FARGO San Fran: o,C ' 1 !r��.�
RECEIVED a6, \�_.;'=�
WELLS FARGO BANK, N.A.
TRADE SERVICES DIVISION, NORTHERN CALIFORNIA % ttA3 •
One Front Street, 21e1 Floor % p
San Francisco, California 94111 .4) 'Sc
)-e-
Qo
Contact Phones: 1(800) 798-2815 Option 1 ti R
)
Fax: (415)284-9453 4- a- 4.esy
Email : sftradeTh .A4 CS)'X (S
4) 4 e
) CSC) tyyF aSa�to c' ta
4 �yG l••
P 1et� -to
IRREVOCABLE STANDBY LETTER OF CREDIT L C,
�q'• co.0c9
9e4
Beneficiary: Letter of Credit No.: NZS520098
Board of County Commissioners Date: June 9, 2004
915 101h Street
Greeley, CO 80632
Attn: Clerk to the Board
Gentlemen:
At the request and for the account of Mass Investments, LLC and Matthews
Automotive Super Shop, Inc., 206 Mulligan Lake Drive, Mead, CO 80542, we hereby
establish our Irrevocable Standby Letter of Credit in your favor in the amount of Seventy
Eight Thousand Six Hundred Thirty One and 00/100's United States Dollars
(US$78,631.00) available with us at our above office by payment of your draft(s) drawn
on us at sight accompanied by your signed and dated statement worded as follows:
"The undersigned, an authorized representative of Board of County
Commissioners of Weld County, Colorado ("County"), hereby certifies that Mass
Investments, LLC and Matthews Automotive Super Shop, Inc. ("Applicant") has
committed a material breach of the Improvements Agreement According to
policy regarding collateral for Improvements regarding 1444 Vista View Drive,
Longmont, CO 80504 dated the 18 day of May, 2004 by and between Mass
Investments, Inc. and Matthews Automotive Super Shop, Inc. and the County."
Only one draft may be drawn and presented under the Credit, and the draft may
be for less than the full amount of the Credit.
Draft presented must be accompanied by this original credit.
Draft must be marked "Drawn under Wells Fargo Bank, N.A. Letter of Credit No.
NZS520098."
Page 1 of 2
If any instructions accompanying a drawing under this Letter of Credit request
the payment is to be made by transfer to an account with us or at another bank, we
and/or such other bank may rely on an account number specified in such instructions
even if the number identifies a person or entity different from the intended payee.
This Letter of Credit expires at our above office on May 25, 2005 but shall be
automatically extended, without written amendment, to May 25 in each succeeding
calendar year unless we have sent written notice to you at your address above by
registered mail or express courier that we elect not to renew this Letter of Credit beyond
the date specified in such notice, which expiration date will be May 25, 2005 or any
subsequent May 25 and be at least sixty (60) calendar days after the date we send you
such notice. Upon our sending you such notice of non-renewal of the expiration date of
this letter of credit, you may also draw under this Letter of Credit by presentation to us at
our above address, on or before the expiration date specified in such notice, of your
sight draft drawn on us accompanied by your signed and dated statement worded as
follows:
"The undersigned, an authorized representative of Board of County
Commissioners of Weld County, Colorado ("County"), hereby certifies
that we have received notice from Wells Fargo Bank, N.A. that letter of
credit number NZS520098 will not be renewed."
This Letter of Credit is subject to the Uniform Customs and Practice For
Documentary Credits (1993 Revision) International Chamber of Commerce Publication
No. 500, and engages us in accordance therewith.
Very truly yours,
WELLS F BANK, N.A.
BY: y !'
(Aut orized Signature)
EISA CHAU
Page 2 of 2
CLERK TO THE BOARD
PHONE (970) 336-7215, Ext. 4225
FAX: (970) 352-0242
P. O. BOX 758
O GREELEY, COLORADO 80632
COLORADO
November 12, 2004
MASS Investments, LLC
P. O. Box 435
Mead, Colorado 80542-0435
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.
NZS520098 has been returned to Wells Fargo Bank, Attn: Joy Waters, 2164 35th Avenue,
Greeley, Colorado 80634.
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: 4-41-�" 1 LJ`7S"�
Carol A. Harding,
Deputy Clerk to the Board ` - --- -
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