HomeMy WebLinkAbout20030242.tiff RESOLUTION
RE: APPROVE IMPROVEMENT AGREEMENT, AUTHORIZE CHAIR TO SIGN, AND
ACCEPT FORM OF COLLATERAL FOR SITE PLAN REVIEW, SPR#353 - DAVSEL
VENTURES, INC.
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, on October 9, 2002, the Department of Planning Services staff approved
Site Plan Review, SPR#353, for Daysel Ventures, Inc., do Mervyn and Deana Davies, 824-B
9th Street, Greeley, Colorado 80631, for a Storage Maintenance Facility and two
Office/Warehouse/Shop Facilities on the following described real estate, to-wit:
Lot 5, Union Colony Subdivision; being part of the
NW1/4 SE1/4 of Section 9, Township 5 North,
Range 65 West of 6th P.M., Weld County,
Colorado
WHEREAS, pursuant to certain Conditions of Approval, the Board has been presented
with an Improvement Agreement between the County of Weld, State of Colorado, by and
through the Board of County Commissioners of Weld County, and Daysel Ventures, Inc., with
terms and conditions being as stated in said agreement, and
WHEREAS, the Board has been presented with Irrevocable Letter of Credit#000209
from Centennial Bank of the West, 2700 47th Avenue, Greeley, Colorado 80634, in the amount
of$2,000.00, and
WHEREAS, after review, the Board deems it advisable to approve said agreement and
accept said Irrevocable Letter of Credit as stated above, copies of which are attached hereto
and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the Improvement Agreement between the County of Weld, State
of Colorado, by and through the Board of County Commissioners of Weld County, and Daysel
Ventures, Inc., be, and hereby is, approved.
BE IT FURTHER RESOLVED that Irrevocable Letter of Credit#000209 from Centennial
Bank of the West, 2700 47th Avenue, Greeley, Colorado 80634, in the amount of$2,000.00, be
and hereby is, accepted.
2003-0242
( j-J/_J VS&--Z- PL1647
IMPROVEMENTS AGREEMENT- DAVSEL VENTURES, INC.
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 22nd day of January, A.D., 2003.
BOARD OF COUNTY COMMISSIONERS
WEL OU TY, COLORADO
ATTEST: 11 �/ // /1 I fit
D vid E. Long, Chai
Weld County Clerk to th:�
Robert D. asden, Pro-Tem
BY: /1 _Deputy Clerk to the Bo it k
M. J. Geile
ED AS O EXCUSED
Willis . Jerke
me
Glenn Vaad --
Date of signature: 149
2003-0242
PL1647
itott MEMORANDUM
wiipcTo: Board of County Commissioners December 13, 2002
COLORADO From: Chris Gathman, Planner
Subject: Acceptance of Collateral in the form of a Letter of Credit for
SPR 353 (Daysel Ventures, Inc.)
On , December 5, 2002 we received an Irrevocable Letter of Credit in the amount of Two
Thousand Dollars ($2,000.00) for Site Plan Review 353 (Daysel Ventures, Inc.).
To date the following Off-Site improvements need to be completed:
Landscaping estimate $ 2,000.00
Total Estimated Cost of Improvements and supervision $ 2,000.00
After review of the Letter by the Weld County Attorney, the Department of Public Works and the
Department of Planning Services, it has been determined that the amount of the agreement will
be sufficient to complete the work required for Site Plan Review 353 (Mobile Home Services),
and the Department of Planning Services recommends acceptance of this Letter.
SERVICE,TEAMWORK,INTEGRITY,QUALITY
2003-0242
040
IMPROVEMENT AGREEMENT
THIS AGREEMENT is made and entered into this 22ndday of January, 2003, by and
between the County of Weld, State of Colorado, acting through its Board of County
Commissioners, hereinafter called "County," and Daysel Ventures, Inc., a Colorado corporation,
hereinafter called "Applicant").
WITNESSETH:
WHEREAS, Applicant is the owner of the following described property in the County of
Weld, State of Colorado, to-wit:
That part of Lot 5 of the NW 1/4 of the SE 1/4 of Section 9, Township 5 North,
Range 65 West of the 6th P.M., County of Weld, State of Colorado, according to
the subdivision of lands by the Union Colony of Colorado, described as follows:
Beginning at the Northwest corner of said Lot 5; thence South along the West line
of said lot a distance of 445 feet; thence East parallel with the North line of said lot
a distance of 225 feet; thence North parallel with the West line of said lot a
distance of 445 feet; thence West on the North of said lot a distance of 225 feet,
more or less, to the point of beginning.
Also known as 1720 Balsam Avenue, Greeley, CO 80631.
WHEREAS, the Applicant has submitted an Application for a Site Plan Review and all
accompanying documents and has met all requirements for a Site Plan Review; and
WHEREAS, the County has requested and the Applicant has agreed to certain
landscaping and placing of road base for a parking lot on the above-described property.
NOW, THEREFORE, based upon the mutual promises, covenants and conditions
contained herein, it is agreed by and between the parties hereto as follows:
1. Applicant shall, within twelve (12) months from the date of this agreement, install and
construct the landscaping improvements set forth in Exhibit "A" attached hereto and incorporated
herein. Said landscaping shall be equal to 15% of the lot area. Applicant further agrees that
Applicant will expend up to $2,000.00 for the construction and installation of said landscaping.
2. Weld County agrees to accept as collateral, subject to final approval by the Board of
County Commissioners, an irrevocable letter of credit in the amount of$2,000.00 from a Federal
or State licensed financial institution on a form approved by Weld County, as attached hereto.
The letter of credit shall state as follows:
A. A letter of credit shall be in an amount equal to $2,000.00, the total value of the
M:\D0737\0002UMPROVEMENTK.DOC 1
1111111 VIII 1111111 IIII IIII 111111 111111 III VIII IIII IIII
3029040 01/31/2003 02:16P Weld C
1 of 3 R 0.00 D 0.00 Steve Moreno Clerk& Recorder ,X"' O,;2(-/R
;2yR
improvements as set forth in paragraph 1 above.
B. The letter of credit shall provide for payment upon demand to Weld County if the
developer has not performed the obligations specified in the Improvement Agreement and the
insurer has been notified of such default.
C. The Applicant may draw from the letter of credit in accordance with the provisions
of this agreement.
D. The Applicant and the County have agreed that the letter of credit shall continue in
the amount of$2,000.00 for a period of twelve (12) months following the execution of this
agreement and provided the Applicant has performed his obligation under paragraph 1 and has
installed the landscaping and sufficient road base, but upon the 12-month anniversary date of the
letter of credit, the Applicant and the County agree that the letter of credit may be reduced to the
sum of$500.00. The remaining $500.00 letter of credit shall remain unreleased until the 24-
month anniversary of the original letter of credit.
E. The unreleased portion of the letter of credit shall remain available until a final
release.
F. The unreleased portion of the letter of credit shall remain in full force and effect
until after the Board has received thirty days written notice from the issuer of the letter of credit
of the pending expiration. Said notice shall be sent by certified mail to the Clerk of the Board of
Commissioners. Upon the expiration of said thirty days notice of the expiration of the letter of
credit, the letter of credit shall expire.
3. Applicant further agrees that Applicant will place sufficient road base on the parking lot
area designated in Exhibit "A" to provide sufficient base for a parking lot.
4. Upon execution of this agreement, Applicant shall be entitled to request and the County
shall issue a building permit for the construction of the improvements on the lot as requested in
the application for the construction of the above improvements for landscaping and road base for
the parking lot.
5. This agreement shall be binding upon the heirs, executors, personal representatives,
successors and assigns of the Applicant, and upon recording by the County, shall be deemed a
covenant running with the land herein described, and shall be binding upon the successors in
ownership of said land.
M:\D0737\0002UMPROVEMENTK.DOC 2
1111111 11111 11111111111 IIII 111111111111 III I1ll1 1111 IIII
3029040 01/31/2003 02:16P Weld County, CO
2 of 3 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed
the date and year first above written.
APPLICANT:
DAVSEL VENTURES, INC.
By
President
Subscribed and sworn to before me this.40 day of l .rr, G Oc , 2002.
My commission expires: I)ltiq. -J3 SCC
y_ ✓ Oa2.C'i eOtth tL
�� :�Lo;l� � Notary Public for the State of Colorado
NOJ-9.•p ,
'v {o m• COUNTY
ivi rte
•.....• BOARD OF COUNTY COMMISSIONERS
CO Y, COL RADO
Chair , David E. Long 1/22/2003)
ilda
ATTEST: 1861
Q
Weld County Clerk to e t o
By
Deputy Clerk to the Boa
M:\D0737\0002\IMPROVEMENTK.DOC 3
1 111111 11111 1111111 1111 IIII 111111 111111 III 11111 IIII IIII
3029040 01/31/2003 02:16P Weld County, CO
3 of 3 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
*1
DAVSEL Ventures, Inc.
824-B 9`h Street
Greeley, Colorado 80631
970-353-8171 FAX- 970-353-0371
November 20, 2002
Landscaping at: 1720 Balsam
Greeley, Colorado 80631
No. Of Items Size of Items Description of Items
6 1-1/2" Stock Crabapple Trees
2 1-1/2" Stock Ash Trees
10 1 Foot Juniper Bushes
And Shredded Redwood Ground Cover
Sincere y,
66
A. Mervyn Davies, A, LPC, CAC III, DAPA
Executive Director
AMD/cp
1-,&744244' ,41-4; ul i"` V��9te L l''i- a P .m x fr '.-� R.Ei v*b!' r ty ,a. F4t'7,` ti'4 5!`..•y/'¢
ga- MSj ./JsLW"} .,n N ---4 T -:.Y CI A 1M S} 'tit':
2 ^itt y I t -.. t'1. a� -t-r # '. u J ylo-,:,.v' .., x y.
•r !t --: .?:•1•1:%:"1.117.
aYr. - }�?.
O 'SAP-sL ;,,avi
rid
(c GQa3Af p1e- rt1
rn/ pat oft jMt" B L x+Qt4-.
al
/yyD sa pi- oa Arr./ L.A4�cscapcur c..✓ b
'1
, = P-MOcytian/ -ro z-n iDs-n -rn_ fvfzcs?triin,- &ttatoa,-
-
•
"/L aak . q naec Road kms e. - J
r Y Y. =es.
i,
y3 -il` 431 •VE V1/E _%. c i7c.
sct a
"'} -fr;;44,s-.a-- rt 4,-:: �..__ -ate 'sue
fi
AM
�
Via Y' p — \ t
} '! �✓
E,44.>� l ' ^y TR'�
1
4
rgi
u 1 , CU I , -
��/ •
E;. 4
•
e t 1 ,,...s$,,,,:—.2,... i j,
,. ..,. .
a •
CENTENNIAL BANK
of the West
IRREVOCABLE LETTER OF CREDIT
Letter of Credit Number 000209 Date: November 26, 2002
Beneficiary:
Board of County Commissioners
Attn: Clerk to the Court
P.O. Box 758
Greeley, CO 80632
To Whom It May Concern:
For the account of A. Mervyn Davies we hereby authorize you to draw on us at sight up to an aggregate
amount of $2,000.00.
Drafts drawn under this Letter of Credit must specify the date and the number of the Letter of Credit and must
be presented at the office identified below not later than November 26, 2003.
The sole condition for payment of any draft drawn against this Letter of Credit is that the draft be accompanied
by a letter, on the Town's letterhead, signed by the Town Administrator, Public Works Director or other Town
assignee to the effect that A. Mervyn Davies is in default of Developer's obligations pursuant to the
Development Agreement.
This Letter of Credit sets forth in full the terms of our obligations to you, and such undertaking shall not in any
way be modified or amplified by any agreement in which this Letter of Credit relates, and any such reference
shall not be deemed to incorporate herein by reference any agreement.
This Letter of Credit is irrevocable, unconditional, nontransferable and non-assignable.
We hereby agree with you that sight drafts drawn under, and in compliance with, the terms of this Letter of
Credit will be duly honored at Centennial Bank of the West, 2700 47th Ave., Greeley, CO 80634.
Unless otherwise expressly stated, this Letter of Credit is subject to the International Chamber of Commerce,
Uniform Customs and Practice for Commercial Documentary Credits; 1993 Revision—International Chamber
of Commerce Publication No. 500.
Sincerely,
Centenni ank es
By
Title c.52,
Hello