HomeMy WebLinkAbout20031160.tiff 181
RESOLUTION
RE: APPROVE CANCELLATION OF COLLATERAL FOR PHASE 1 THROUGH 4, AND
DESIGNATION OF SAME TO BE APPLIED TO AMOUNT OWED FOR AMENDED
AGREEMENT FOR ROAD IMPROVEMENTS TO WCR 35 AND 10 FOR BUFFALO RIDGE
ESTATES, S #414 - MARTIN BROTHERS, 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 January 29, 1997, the Board did approve the application
of Martin Brothers, LLC, 216 Beth Avenue, Fort Lupton, Colorado 80621, for a Major Subdivision
Final Plat on the following described real estate, to-wit:
Part of the S1/2NW1/4 and part of the SW1/4 of
Section 12, Township 1 North, Range 66 West of the
6th P.M., Weld County, Colorado, and
WHEREAS, by Resolution #971278, dated July 2, 1997, the Board of County
Commissioners of Weld County, Colorado, did approve an Improvements Agreement According
to Policy Regarding Collateral for Improvements (Publicly Maintained Roads) for Buffalo Ridge
Estates, S #414, between the County of Weld, State of Colorado, by and through the Board of
County Commissioners of Weld County, and Martin Brothers, LLC,with terms and conditions being
as stated in said agreement, and accepted Deeds of Trust for Phases 3 through 7 as collateral for
Phases 1 and 2, and
WHEREAS, the obligation of Phase 3 was canceled by an addendum approved by
Resolution #2000-1819, dated July 31, 2000; the obligation of Phase 4 was canceled by an
amended addendum approved by Resolution #2001-0192, dated January 22, 2001; and the
amount of collateral held for Phases 1 through 4 of the project was reduced to $16,771.74, or 15
percent of the total amount, by Resolution #2001-2062, dated August 1, 2001, and
WHEREAS, staff from the Weld County Department of Public Works has conducted a
visual inspection of Phases 1 through 4 of the project and recommends cancellation of said
collateral, and designation of same to be applied to the amount owed for the Amended Agreement
for Road Improvements to WCR 35 and 10; and to accept the roads in Phases 1 through 4 to be
placed on the County road system for full maintenance.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the collateral for Phases 1 through 4, in the amount of$16,771.74, be, and
hereby is, canceled; and said collateral be, and hereby is, designated to be applied to the amount
owed for Amended Agreement for Road Improvements to WCR 35 and 10 for Buffalo Ridge
Estates, S #414.
BE IT FURTHER RESOLVED by the Board that the Clerk to the Board be, and hereby is,
directed to transfer$16,771.74, plus accrued interest,to the Public Works Fund for partial payment
of said obligation by Martin Brothers, LLC.
111111 VIII 1111111 MI VIII 111111 11111 III VIII IIII IIII 2003-1160
SUBD BUFFALO RIDGE
3064181 05/20/2003 11:50A Weld County, CO
1 of 2 R 0.00 D 0.00 Steve Moreno Clerk& Recorder , Az F-Th / pC. I
CANCEL COLLATERAL - MARTIN BROTHERS, LLC
PAGE 2
BE IT FURTHER RESOLVED by the Board that the roads in Phases 1 through 4 of the
Buffalo Ridge Estates Subdivision, S #414, be, and hereby are, accepted onto the County road
system for full maintenance.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 7th day of May, A.D., 2003.
BOARD OF COUNTY COMMISSIONERS
W COU TY, C LORADO
ATTEST: getki
E L g, hair
Weld County Clerk t.-.i e•
= rm `L):G Robert D. den, Pro em
BY:
Deputy Clerk to th it
. J. eile
APPCV-EDAST RVAf
William H. Jer e
kW
Glenn Vaad
Date of signature: 5//4/403
11111111111111131111111111 IB III111111111111
3064181 05/20/2003 11:50A Weld County, CO 2003-1160
2 of 2 R 0.00 D 0.00 Steve Moreno Clerk& Recorder SUED BUFFALO RIDGE
n
MEMORANDUM
C� TO: Lee Morrison, Asst. County Attorney DATE: 5/5/2003
COLORADO FROM: Donald Carroll, Engineering Administrator �ys1
SUBJECT: S-414, Buffalo Ridge, Release of Collateral
The Weld County Public Works Department recommends release of warranty collateral for
Phases 1-4 and should be applied to the Weld County Road 10 obligation. The Deed of Trust
for Phases 5 -6 should be released, but the Phase 7 Deed of Trust should be retained.
The Weld County Public Works recommends Phases 1-6 are accepted and placed on the
County road system for full maintenance.
All other non-transportation items should be verified by Planning Services.
pc: Carol Harding, CTB
Kim Ogle, Planner Ill
S-414
m:/planning/S-2.doc
2003-1160
From: LEE Morrison
To: CAROL Harding; DONALD Carroll; Kim Ogle
Date: 5/2/03 4:13PM
Subject: Buffalo Ridge Collateral -S414
Release of Collateral Buffalo Ridge
I have reviewed the situation with respect to the roads in Buffalo Ridge, phases 1-4 and 5-6. I understand
that all of these have successfully completed their warranty phase and can be fully accepted as public
roads. I am not certain if Public Works has formally documented this but I understand they are prepared
to do so. There is currently cash in the amount of$16,771.74 still being held for warranty collateral for
phases 1-4 and the warranty for 5-6 was provided by the Contractors warranty. Martin owes funds for the
amended Road 10 agreement of July 31, 2000 and has asked that the money released for phase 1-4 be
applied to that obligation.
I propose the following course of action. Upon confirmation of Public Works, the warranty collateral for
phase 1-4 shall be released and applied to the Road 10 obligation. The Deeds of Trust for Phase 5-6
should be released but the Phase 7 Deed of Trust should be retained Phase 1-6 should be accepted for
full maintenance. The result of this will be that the developers may sell lots in all phases except phase 7.
Lee D. Morrison
Assistant Weld County Attorney
915 10th St., PO Box 758
Greeley, CO 80632
(970)356-4000 x 4395
FAX 352 0242
This e-mail contains confidential
and/or privileged information.
If the reader is not the intended recipient,
please reply and delete your copy of this
message."
Buffalo Ridge Estates Martin Brothers LLC
216 Beth Avenue
Fort Lupton, CO 80621
March 23, 2003 j';"!
Weld County Board of County Commissioners
C/O Clerk to the Board
P.O. Box 758 .'
Greeley, CO 80632 �1
Dear County Commission:
On August 1, 2001 the Board of County Commissioners of Weld County, Colorado adopted the
Resolution re"Approve Accepting Road for Public Maintenance, Approve Cancellation and Release of
Collateral, and Accept Replacement Collateral for Buffalo Ridge Estates, S#414 — Martin Brothers,
LLC". Among the resolutions adopted by the Board in the aforementioned resolution was "that
$16,771.74, be, and hereby is, accepted to be retained in escrow with Weld County for a one-year
period." The one-year period ended on August 1, 2002. We understand that once the Public Works
Department has the opportunity to grant final acceptance on all the internal roads for phases 1-6 of
Buffalo Ridge Estates,the retained escrow will be returned to Martin Brothers, LLC.
On September 24, 2002, the Weld County Public Works Department billed Martin Brothers LLC the
amount of$38,502.02 for its obligations relating to the paving of WCR10 from WCR37 to Buffalo Ridge
Estates in accordance with our Road Improvement Agreement. On November 4,2002 Martin Brothers
made a payment to Weld County in the amount of $10,000 toward this obligation. Martin Brothers
currently owes Weld County the balance of$28,502.02 plus any accrued interest pursuant to our Road
Improvement Agreement.
We hereby respectfully request that Weld County proceed to grant final acceptance on all the internal
roads for phases 1-6 of Buffalo Ridge Estates and then either: (1) return to Martin Brothers LLC the
retained escrow funds referred to in the first paragraph of this letter and Martin Brothers LLC will then
send a payment of similar amount to Weld County toward its obligations mentioned in the second
paragraph of this letter; or (2) credit the retained escrow toward Martin Brothers LLC obligation
mentioned in the second paragraph.
Thank you for your consideration of this request.
Very sincerely yours,
, t-1 L,
Clara Lee Martin
Martin Brothers, LLC
Cc Mitchell L. Martin, Project Manager Martin Bros LLC
.
MEMORANDUM
TO: Lee Morrison DATE: July 30, 2001
Assistant County Attorney
FROM: Donald Carroll, Engineering Administrator
SUBJECT: S-414, Martin Brothers (Buffalo Ridge Estates)
Weld County Public Works Department recommends the release of the transportation collateral for street grading,
street base, culverts, street signs, asphalt, and all but 15% of the asphalt items.
The 15% of the asphalt items shall be retained for a period of one year. At the end of one year, and if no distress
or repairs are needed to the asphalt, the 15% collateral ($16,771.74) shall be released.
Weld County Public Works Department is recommending acceptance of the streets, Phases l-IV, for partial
maintenance for the first year, which consists of snow removal only. At the end of one year, and if no distress or
repairs are needed, Weld County Public Works will recommend Buffalo Ridge Estates be placed on the County
Road System for full Maintenance.
pc: file
Drew Scheltinga, P.E.
Julie Chester
Dean Dreher
Scott Schreiber
Marc Street
Jeff Jerome
plan16s.wpd
r
Buffalo Ridge Estates
Martin Brot ers LLC
216 Beth A ienue
Fort Lupton CO 80621
Memo
To Weld County D;pa ent o - Works
From: Dana V. Martin t r
Martin BrotherS, LLC
Date: November 4,2002
Re: WCR 10
C4: // ' ith/OG
Please find enclosed a check in the amount of $10,000 as partial payment of the
obligation of Martin Brothers, LLC for WCR10, against the tot l amount due of
$38,502.02 pursuant to the letter to Martin Brothers LLC dated September 24, 2002
from the Weld County Public Works Department. Martin Brothers, LLC will send
additional payments as soon as possible. We understand that finance charges will
apply on the unpaid balance at the rate of 8,25% per annum. We hope to pay the
entire balance with the next several months. Thank you,
•Page 1
4/17/2003 Weld County Offsite Agreements Department of Public Works
Agreement Total Invoice No. of
Agreement With Date Project Name Contract$ Invoice No. Amount Date Sent Date Paid Payments Remarks
Full Payment is to be paid within 3 years. Payment No. 1 =
Town of Ault 3rd Avenue $9,252.61 S0035760 $9,252.61 7/16/02 8/23/02 #1 3 Possible $3000.00
WCR 35 and 11/8/02 making Original cost increased by State Bid Price Index per
Martin Brothers, LLC 05/22/97 WCR 10 $34,133.00 Letter $38,502.02 9/24/02 $10,000 partial pymts agreement
1st payment for$17,500, 2nd $19,640.77 due June 1 , 03, 3rd
Roggen Elevator 04/24/02 WCR 24.5 $70,000.00 None 512!02 #1 4 $19,640.77 due June 1, 04, 4th 519,640.77 due June 1, 05.
$18,825.00 $36,085.00
Calpine Road WCR 51 N. Hwy Disb Cert#1 Disb Cert 1st payment due on Sept. 1, 02, 2nd payment due Jan. 15, 03,
Improvements 08/13/02 52 $985,000.00 Jan 03 #2 04/03 3 third payment due May 1, 2004- Escrow Account to be billed
Calpine Railroad WCR 51 N. Hwy
Crossing 08/13/02 52 $169,500.00 Bill escrow account as bills received from railroad
m:/active projects/offsite agreements/master file.exl
rDONALD Carroll - Buffalo Ridge Estates S ''1 Page
From: Kim Ogle
To: Don Carroll; Lee Morrison
Date: 10/3/02 9:27AM
Subject: Buffalo Ridge Estates, S-414
It appears that Planning has a 10K landscape investment in numerous trees for First Filing, First Phase.
As this memorandum from Don dated September 23, 2002 addresses Phases 5 and 6 does this imply that
the landscape has been installed and approved? I ahve not been to the site, however, I am seeking a
status report for the file. thank you for your assistance.
Kim Ogle
Planner III
Weld County Department of Planning
1555 North 17th Avenue
Greeley, CO 80631
970 353 6100 x 3540
970 304 6498 facsimile
kogle@co.weld.co.us
MEMORANDUM
TO: Lee Morrison DATE: September 23, 2002
Assistant County Attorney
FROM: Donald Carroll, Engineering Administrator
SUBJECT: S-414, Martin Brothers, LLC
Buffalo Ridge Estates
The applicant has completed basing, paving, and shouldering of Phases 5 and 6 excluding WCR 10, which
was completed by the County. The only remaining portion that needs to be completed is Phase 7, which
requires a canal crossing.
The Weld County Public Works requires a one-year guarantee for the workmanship and product for Phases 5
and 6. Usually a 15% collateral is held on the asphalt item. Since the collateral appears to be lots, we
recommend the applicant secure a letter from Coulson Excavating Co., Inc. that guarantees Phases 5 and 6
for a one-year period.
The Weld County Public Works Department recommend accepting Phases 5 and 6 for partial maintenance for
the first year. At the end of one year and if there is no distress or repairs are needed, we will recommend that
these phases be placed on the County roadway system for full maintenance.
Pc: S-414
Carol Harding, CTB
m:\planning\s-2.doc
- / «
- COULSON EXCAVATING CO.
3609 NORTH COUNTY 13
LOVELAND CO. 80538
LARIMER
Phone 970 667-2178
Fax 970 667-2193
Weld Co. Public Works WARRANTY
We hereby guarantee that work performed under sections Base & Asphalt Paving
at Buffalo Ridge Phase 5 & 6 , Weld Co. done in strict accordance with
the plans specifications and work schedule and that the work installed will fulfill the requirements thereof.
We agree to repair any or all of our work which may prove to be defective in workmanship or materials or
deviations from the Contract Documents within one year from September 1, 2002 for the
above named structure ordinary wear and tear and unusual abuse or neglect by third parities excepted.
SIGNED 412v e2 �h � e(ui ^� DATE •- z3- a
COULSON EXCAVATING COMPANY INC.
CLERK TO THE BOARD
PHONE (970)336-7215, Ext. 4225
' FAX: (970) 352-0242
P. O. BOX 758
O GREELEY, COLORADO 80632
COLORADO
June 24, 2003
Martin Brothers, LLC
Attn: Mitchell Martin, Project Manager
216 Beth Avenue
Fort Lupton, Colorado 80621
RE: CANCELLATION AND RELEASE OF COLLATERAL FOR BUFFALO RIDGES ESTATES,
S #414
Dear Mr. Martin:
Enclosed please find the original Releases for Deeds of Trust and the cancelled Deeds of Trust
which were held by Weld County as collateral for Phases 5 and 6 of Buffalo Ridge Estates. As you
can see, the documents have all been properly recorded and are now available to you. Also
enclosed is a copy of an E-Mail requesting the Treasurer to transfer funds, in the total amount of
$22,229.04, from the Clerk to the Board's Trust Fund, to the Department of Public Works. The
funds will be applied to your account for your amended agreement for road improvements to Weld
County Roads 35 and 10.
I have also enclosed executed copies of the Resolutions authorizing the above actions. If you have
any questions, please do not hesitate to contact me at (970) 336-7215, Extension 4217.
Very truly yours,
Carol A. Harding,
Deputy Clerk to the Board
Enclosures
CAROL Hardin - Martin Brothers -Transfer of Collateral Page 1,
From: CAROL Harding
To: Hanes, CLAUD
Subject: Martin Brothers-Transfer of Collateral
As discussed with you last week, Weld County is holding collateral from Martin Brothers, LLC, in
conjunction with Buffalo Ridge Estates, S#414. Instead of returning the monies to Martin Brothers, a
transfer of funds is requested from CTB Trust Fund to Public Works (#2000-90100-4410, per Mona), in
accordance with Resolution#2003-1160 authorizing said action.
Please transfer the funds accordingly.
Per your documentation, the following would apply:
DEPOSIT INTEREST INTEREST
DATE AMOUNT TERM RATE AMOUNT
01/31/01 $175,000.00
08/17/01 (158,228.26) 6 Mo 4.83% $4,226.25
08/17/01 16,771.74
06/30/03 (16,771.74) 2 Yr 3.67% 1.231.05
Total Interest $ 5,457.30
$16,771.74 -
5.457.30
Total to transfer: $22,229.04
Thanks for your help.
CC: WEIDENKELLER, MONA
513
REQUEST FOR RELEASE OF DEED OF TRUST AND RELEASE
A,l
ItA ti_A.di fta XO0 4 Date i'
MARTIN BROTHERS, LLC Grantor (Borrower)
COUNTY OF WELD, STATE OF COLORADO Original. Beneficiary (Lender) 1
March 30, 2001 Date of Deed of Trust
April 16, 2001 Recording Date of Deed of Trust
County of Recording
'.i....crrt-t‘..T
2840969 miles ,+ua c eta, Jett uurdcr of Recorded Deed of Trust
Reception No. and/or Film No. and/or Book No./Page No.
•
TO THE PUBLIC TRUSTEE OF
[-4).,.e—Q.,Q County (The Public Trustee to whom the above Deed of Trust conveys the said property.)
3
PLEASE EXECUTE AND RECORD A RELEASE OF THE ABOVE-DESCRIBED DEED OF TRUST pursuant to 38-39-102(3.5), C.R.S. In support
of this Request for Release of Deed of Trust, the undersigned, as the owner of the evidence of debt secured
by the above described Deed of Trust of the agent or attorney thereof, in lieu of the production or exhibition of the
original evidence of debt with the Request for Release, certifies as follows:
1. The purpose of the Deed of Trust has been fully satisfied.
• 2. The original evidence of debt is not being exhibited or produced herewith.
• 3. The owner of the evidence of debt agrees that it is obligated to indemnify the Public Trustee pursuant to •
38-39-102(3.5)(a), C.R.S. for any and all damages, costs, liabilities, and reasonable attorney fees incurred as a
result of the action of the Public Trustee taken in accordance with this Request for Release.
4. It is one of the entities described in 38-39-102(3.5)(b), C.R.S. ii
COUNTY OF WELD, STATE OF COLORADO '
Current Owner and Holder of the Indebtedness Secured by Deed of Trust (Lender)
ROBERT D. MASDEN, CHAIR; WELD COUNTY BOARD 0 COMMISSIONERS
Name and Title of Agent or Offic P LrrAn✓ ner and Holder
915 10TH STREET, GREELEY, CO 80632 q..*, •
t_ '''''..(<
Address of Curre OlF)6r and Holder‘..0
CAROL A. 1
•
Signatu • HARDING ' signature
/� 9 N O /
State of Colorado, County of ' r) %D) 'N.' ,,, ..`nQ' :
The foregoin request for release was acknowledged bef r
, l •'_pp y crD�'� Witness by han and official seal ii
• kn he-<-4•-• Da�Mntie I-A— guy r„mA:..:,.o sY.ires Jm:_ C5 .
Date Commission Expires A Nota yr Pubic
RELEASE OF DEED OF TRUST v•
WHEREAS, the above referenced Grantor(s), by Deed of Trust, conveyed certain real property described in said Deed of
Trust to the Public Trustee of the County referenced above, in the State of Colorado, to be held in trust to secure the
payment of the indebtedness referred to therein; and
WHEREAS, the purpose of the Deed of Trust has been fully satisfied according to the written request of the current
owner and holder of said indebtedness;
NOW THEREFORE, in consideration of the premises and the payment of the statutory sum, receipt of which is hereby
acknowledged, I, as the Public Trustee in the County first referenced above, do hereby remise, release and quitclaim
unto the present owner or owners of said real property, and unto the heirs, successors and assigns of such owner or
owners forever, all the right, title and interest which I have under and by virtue of the aforesaid Deed of Trust in
the real estate described therein, to have and to hold the same, with all the privileges and appurtenances thereunto
belonging forever; and further I do hereby fully and absolutely release, cancel and forever discharge said Deed of
Trust. MARY HERGERI •
Public Trustee
� )Icy/
by $tcci✓ ' JJ
State of Colorado, County of WELD Deputy Public Trustee
The fore ingtny�pq p�+as acknowledged before me on 1
g NA S L LUU'1 (date)by* ,
C 1 T uep t� as the �R f',:
n N D SC MIDT ,�
h P. U Public Trustee of Witness my hand and o�% �s'eal'""'-.(•,'��
WEtCounty, Colorado. i 4
Date Commission Expires j : i
by r... :'01 ;
f/�l(-� —1`1 usiiE
SI '--mil , 1 t t .
r��_., , Notary.��'
f
*If applicable, insert title of agent or officer and name of current owner and holder. t,OF CO'-
Original Note and Deed of Trust Returned to: MT25040556
FC25040556 .
Received by
• Form 308 01/21./03 R0.REL,. .,,.,. _......... _.... 1111111 IIIII IIIII IRI IIIII 1DII IIIII III I'I'I /III /III
3163513 03/22/2004 11:22A Weld County, CO
1 of 1 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
is ,.&1F r A i t ILDW`_ TCr.,3 - II 60 kIn
Hello