HomeMy WebLinkAbout20013188 RESOLUTION
RE: APPROVE IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING
COLLATERAL FOR IMPROVEMENTS (SITE CLEANUP) AND ACCEPT FORM OF
COLLATERAL FOR USE BE SPECIAL REVIEW, USR#1311 -ACTIVE TRUCK AND
AUTO PARTS 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 July 18, 2001, the Board of County Commissioners did approve the
application of John E. and M. Eleanor Hochmiller, do John M. Hochmiller, 19867 Scotch Pine
Drive, LaSalle, Colorado 80645, for a Site Specific Development Plan and Use by Special
Review Permit #1311 for a Salvage Yard (auto salvage, used truck sales, and general truck
repair) in both the 1-3 (Industrial) and A (Agricultural) Zone Districts on the following described
real estate, to-wit:
E1/2 W1/2 NE1/4 of Section 32, Township 3 North,
Range 65 West of the 6th P.M., Weld County,
Colorado
WHEREAS, pursuant to certain Conditions of Approval, the Board has been presented
with an Improvements Agreement According to Policy Regarding Collateral for Improvements
(Site Cleanup) between the County of Weld, State of Colorado, by and through the Board of
County Commissioners of Weld County, and John E. and M. Eleanor Hochmiller, with terms
and conditions being as stated in said agreement, and
WHEREAS, the Board has been presented with Irrevocable Letter of Credit#86 from
Bank of Colorado, 605 Fourth Street, P.O. Box 228, Fort Lupton, CO 80621-0228, in the
amount of$5,000, and
WHEREAS, after review, the Board deems it advisable to approve said agreement and
accept said Irrevocable Letter of Credit#86 as stated above, copies of which are attached
hereto and incorporated herein by reference, and
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the Improvements Agreement According to Policy Regarding
Collateral for Improvements (Site Cleanup) between the County of Weld, State of Colorado, by
and through the Board of County Commissioners of Weld County, and Active Truck and Auto
Parts, Inc., do John Hochmiller, be, and hereby is, approved.
2001-3188
PL1541
f�, . PLJPW)
IMPROVEMENTS AGREEMENT-ACTIVE TRUCK AND AUTO PARTS, INC
PAGE 2
BE IT FURTHER RESOLVED that Irrevocable Letter of Credit#86 from Bank of
Colorado, 605 Fourth Street, P.O. Box 228, Fort Lupton, CO 80621-0228, in the amount of
$5,000, be and hereby is, accepted.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 14th day of November, A.D., 2001.
BOARD O COUNTY COMMISSIONERS
L _�® /n//l WELD NTY, COLORADO
ATTEST: A � d ���'//�// � l�` •%s�� / 4:ci.
La M. J. Geile, C it
Weld County Clerk to th -o. .
pv�y� Atil fk
l 1861 \_ .'
0 .� Glenn Vaad, 1c- em
BY: i_ .# A �� �• y�ai�` ��
Deputy Clerk to the� e.INI�,, Wi H.
ke
AP D AS RM:
�av'. Long
ounCy tto ey
Robert D. Masden
Date of signature: //k/
2001-3188
PL1541
IMPROVEMENTS AGREEMENT ACCORDING TO
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
(PRIVATE ROAD MAINTENANCE)
THIS AGREEMENT,made and entered into this /4/tJ day of /1/114,,,4k— ,20C/ ,by and
between the County of Weld, State of Colorado, acting through its Board of County Commissioners,
hereinafter called "County," and ACTIVE TRUCK & AUTO PARTS, INChereinafter called "Applicant."
WITNESSETH:
WHEREAS, Applicant is the owner of, or has a controlling interest in the following described
property in the County of Weld, Colorado:
USR 1311 — JOHN E. AND ELEANOR HOCHMILLER
E2 W2 NE4 OF SECTION 32, TOWNSHIP 3 NORTH, RANGE 65 WEST OF THE 6TH P.M.
WELD COUNTY, COLORADO. MORE SPECIFICALLY IDENTIFIED AS 19460 WELD COUNTY
ROAD 28, HUDSON, COLORADO.
WHEREAS, a Final Subdivision/Planned Unit Development (PUD) plat of said property, to be
lmownas USR 1311 — ACTIVE TRUCK & AUTO PARTS, INC has been submitted to the
County for approval, and
WHEREAS, relevant Sections of the Weld County Code provide that no Subdivision Final Plat,
Planned Unit Development Final Plat, or Site Plan shall be approved by the County until the Applicant has
submitted a Subdivision Improvement Agreement guaranteeing the construction of the public improvements
shown on plans,plats and supporting documents of the Subdivision Final Plat, Planned Unit Development
Final Plat, or Site Plan, which improvements, along with a time schedule for completion, are listed in
Exhibits "A" and "B" of this Agreement.
NOW, THEREFORE, IN CONSIDERATION OF the foregoing and of the acceptance and
approval of said Final Plat, the parties hereto promise, covenant and agree as follows:
1.0 Engineering Services: Applicant shall furnish, at its own expense, all engineering services
in connection with the design and construction of the Subdivision or Planned Unit
Development improvements listed on Exhibit "A," which is attached hereto and
incorporated herein by reference.
1.1 The required engineering services shall be performed by a Professional Engineer
and Land Surveyor registered in the State of Colorado, and shall conform to the
standards and criteria established by the County for public improvements.
1.2 The required engineering services shall consist of, but not be limited to, surveys,
designs,plans and profiles,estimates,construction supervision,and the submission
of necessary documents to the County.
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1.3 Applicant shall furnish drawings and cost estimates for roads within the Subdivision
or Planned Unit Development to the County for approval prior to the letting of any
construction contract. Applicant shall furnish one set of reproducible "as-built"
drawings and a final statement of construction cost to the County.
2.0 Rights-of-Way and Easements: Before commencing the construction of any improvements
herein agreed upon,Applicant shall acquire,at its own expense,good and sufficient rights-
of-way and easements on all lands and facilities traversed by the proposed improvements.
3.0 Construction: Applicant shall furnish and install, at its own expense, the Subdivision or
Planned Unit Development improvements listed on Exhibit"A," which is attached hereto
and incorporated herein by reference, according to the construction schedule set out in
Exhibit "B" which is also attached hereto and incorporated herein by reference.
3.1 Said construction shall be in strict conformance to the plans and drawings approved
by the County and the specifications adopted by the County for such public
improvements. Whenever a Subdivision or Planned Unit Development is proposed
within three miles of an incorporated community located in Weld County or located
in any adjacent county, the Applicant shall be required to install improvements in
accordance with the requirements and standards that would exist if the plat were
developed within the corporate limits of that community. If the incorporated
community has not adopted such requirements and standards at the time the
Subdivision or Planned Unit Development is proposed, the requirements and
standards of the County shall be adhered to. If both the incorporated community
and the County have requirements and standards,those requirements and standards
that are more restrictive shall apply.
3.2 Applicant shall employ,at its own expense, a qualified testing company previously
approved by the County to perform all testing of materials or construction that is
required by the County; and shall furnish copies of test results to the County.
3.3 At all times during said construction, the County shall have the right to test and
inspect, or to require testing and inspection of material and work at Applicant's
expense. Any material or work not conforming to the approved plans and
specifications shall be removed and replaced to the satisfaction of the County at
Applicant's expense.
3.4 Applicant shall furnish proof that proper arrangements have been made for the
installation of sanitary sewer or septic systems, water, gas, electric and telephone
services.
3,5 Said Subdivision or Planned Unit Development improvements shall be completed,
according to the terms of this Agreement, within the construction schedule
appearing in Exhibit"B." The Board of County Commissioners, at its option,may
grant an extension of the time of completion shown on Exhibit"B"upon application
by the Applicant subject to the terms of Section 6 herein.
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4.0 Release of Liability: Applicant shall indemnify and hold harmless the County from any and
all liability loss and damage County may suffer as a result of all suits, actions or claims of
every nature and description caused by, arising from, or on account of said design and
construction of improvements, and pay any and all judgments rendered against the County
on account of any such suit, action or claim, together with all reasonable expenses and
attorney fees incurred by County in defending such suit, action or claim whether the
liability, loss or damage is caused by, or arises out of the negligence of the County or its
officers, agents, employees, or otherwise except for the liability, loss, or damage arising
from the intentional torts or the gross negligence of the County or its employees while acting
within the scope of their employment. All contractors and other employees engaged in
construction of the improvements shall maintain adequate worker's compensation insurance
and public liability insurance coverage, and shall operate in strict accordance with the laws
and regulations of the State of Colorado governing occupational safety and health.
(THERE IS NO SECTION 5)
6.0 Approval of Streets by the Counts,: Upon compliance with the following procedures by the
Applicant, streets within a Subdivision or Planned Unit Development may be approved by
the County as public roads and will be maintained and repaired by a Homeowners
Association or, in its absence, the owners of lots within the Subdivision or Planned Unit
Development.
6.1 If desired by the County,portions of street improvements may be placed in service
when completed according to the schedule shown on Exhibit"B,"but such use and
operation shall not constitute an approval of said portions.
6.2 County may,at its option,issue building permits for construction on lots for which
street improvements detailed herein have been started but not completed as shown
on Exhibit"B,"and may continue to issue building permits so long as the progress
of work on the Subdivision or Planned Unit Development improvements in that
phase of the development is satisfactory to the County; and all terns of this
Agreement have been faithfully kept by Applicant.
6.3 Upon completion of the construction of streets within a Subdivision or Planned Unit
Development and the filing of a Statement of Substantial Compliance, the
applicant(s)may request in writing that the County Engineer inspect its streets and
recommend that the Board of County Commissioners partially approve them. Not
sooner than nine months after partial approval, the County Engineer shall, upon
request by the applicant, inspect the subject streets, and notify the applicant(s) of
any deficiencies. The County Engineer shall reinspect the streets after notification
from the applicant(s) that any deficiencies have been corrected. If the County
Engineer finds that the streets are constructed according to County standards,he or
she shall recommend full approval. Upon a receipt of a positive unqualified
recommendation from the County Engineer for approval of streets within the
development,the Board of County Commissioners shall fully approve said streets
as public but with private pay.
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7.0 General Requirements for Collateral:
7.1 The value of all collateral submitted to Weld County must be equivalent to One-
Hundred percent (100%) of the value of the improvements as shown in this
Agreement. Prior to Final Plat approval, the applicant shall indicate which of the
five types of collateral preferred to be utilized to secure the improvements subject
to final approval by the Board of County Commissioners and the execution of this
Agreement. Acceptable collateral shall be submitted and the plat recorded within
six (6) months of the Final Plat approval. If acceptable collateral has not been
submitted within six (6) months then the Final flat approval and all preliminary
approvals shall automatically expire. Applicant may request that the County extend
the Final Plat approval provided the cost estimates are updated and the development
plans are revised to comply with all current County standards, policies and
regulations. The improvements shall be completed within one (1) year after the
Final Plat approval(not one year after acceptable collateral is submitted) unless
the applicant(s) requests that this Agreement be renewed at least thirty(30) days
prior to its expiration and further provides that cost estimates for the remaining
improvements are dated and collateral is provided in the amount of One-
Hundred percent (100%) of the value of the improvements remaining to be
completed. If improvements are not completed and the agreement not renewed
within these time frames,the County, at its discretion,may make demand on all or
a portion of the collateral and take steps to see that the improvements are made.
7.2 The applicant may choose to provide for a phased development by means of
designating filings of a Planned Unit Development Final Plat or Subdivision Final
Plat. The applicant would need only to provide collateral for the improvements in
each filing as approved. The County will place restrictions on those portions of the
property that are not covered by collateral which will prohibit the conveyance of the
property or the issuance of building permits until collateral is provided or until
improvements are in place and approved pursuant to the requirements for a Request
for Release of Collateral.
7.3 The applicant intends to develop in accordance with Exhibits "A" and "B."
8.0 Improvements Guarantee: The five types of collateral listed below are acceptable to Weld
County subject to final approval by the Board of County Commissioners.
8.1 An irrevocable Letter of Credit from a Federal or State licensed financial institution
on a form approved by Weld County. The Letter of Credit shall state at least the
following:
8.1.1 The Letter of Credit shall be in an amount equivalent of One-Hundred
percent (100%) of the total value of the improvements as set forth in
Section 6.0 and Exhibits "A" and"B."
8.1.2 The Letter of Credit shall provide for payment upon demand to Weld
County if the developer has not performed the obligations specified in the
Improvements Agreement and the issuer has been notified of such default.
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8.1.3 The applicant may draw from the Letter of Credit in accordance with the
provisions of this policy.
8.1.4 The issuer of the Letter of Credit shall guarantee that, at all times the
unreleased portion of the Letter of Credit shall be equal to a minimum of
One-Hundred percent (100%) of the estimated costs of completing the
uncompleted portions of the required improvements,based on inspections
of the development by the issuer. In no case shall disbursement for a
general improvement item exceed the cost estimate in the Improvements
Agreement (i.e., streets, sewers, water mains and landscaping, etc.). The
issuer of the Letter of Credit will sign the Improvements Agreement
acknowledging the agreement and its cost estimates.
8.1.5 The Letter of Credit shall specify that fifteen percent (15%) of the total
Letter of Credit amount cannot be drawn upon and will remain available to
Weld County until released by Weld County.
8.1.6 The Letter of Credit shall specify that the date of proposed expiration of the
Letter of Credit shall be either the date of release by Weld County of the
final fifteen percent (15%), or one year from the date of Final Plat
approval, whichever occurs first. Said letter shall stipulate that, in any
event,the Letter of Credit shall remain in full force and effect until after the
Board has received sixty (60) 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 to the Board of County Commissioners.
8.2 Trust Deed upon all or some of the proposed development or other property
acceptable to the Board of County Commissioners provided that the following are
submitted:
8.2.1 In the event property within the proposed development is used as collateral,
an appraisal is required of the property in the proposed development by a
disinterested Member of the American Institute of Real Estate Appraisers
(M.A.I.)indicating that the value of the property encumbered in its current
degree of development is sufficient to cover One-Hundred percent(100%)
of the cost of the improvements as set forth in the Improvements
Agreement plus all costs of sale of the property.
8.2.2 In the event property other than the property to be developed has been
accepted as collateral by Weld County,then an appraisal is required of the
property by a Member of the Institute of Real Estate Appraisers (M.A.I.)
indicating that the value of the property encumbered in its current state of
development is sufficient to cover One-Hundred percent(100%)of the cost
of the improvements as set forth in the Improvements Agreement plus all
costs of sale of the property.
8.2.3 A title insurance policy insuring that the Trust Deed creates a valid
encumbrance which is senior to all other liens and encumbrances.
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8.2.4 A building permit hold shall be placed on the encumbered property.
8.3 Escrow Agreement that provides at least the following:
8.3.1 The cash in escrow is at least equal to One-Hundred percent(100%)of the
amount specified in the Improvements Agreement.
8.3.2 The escrow agent guarantees that the escrowed funds will be used for
improvements as specified in the agreement and for no other purpose and
will not release any portion of such funds without prior approval of the
Weld County Board of Commissioners.
8.3.3 The escrow agent will be a Federal or state-licensed bank or financial
institution.
8.3.4 If Weld County determines there is a default of the Improvements
Agreement,the escrow agent,upon request by the County,shall release any
remaining escrowed funds to the County.
8.4 A surety bond given by a corporate surety authorized to do business in the State of
Colorado in an amount equivalent to One-Hundred percent(100%) of the value of
the improvements as specified in the Improvements Agreement.
8.5 A cash deposit made with the County equivalent to One-Hundred percent(100%)
of the value of the improvements.
9.0 Request for Release of Collateral: Prior to release of collateral for the entire project or for
a portion of the project by Weld County, the Applicant must present a Statement of
Substantial Compliance from an Engineer registered in Colorado that the proj ect or a portion
of the project has been completed in substantial compliance with approved plans and
specifications documenting the following:
9.1 The Engineer or his representative has made regular on-site inspections during the
course of construction and the construction plans utilized are the same as those
approved by Weld County.
9.2 Test results must be submitted for all phases of this project as per Colorado
Department of Transportation Schedule for minimum materials sampling, testing
and inspections found in the Colorado Department of Transportation (CDOT)
Materials Manual.
9.3 "As built" plans shall be submitted at the time the letter requesting release of
collateral is submitted. The Engineer shall certify that the project "as-built" is in
substantial compliance with the plans and specifications as approved, or that any
material deviations have received prior approval from the County Engineer.
9.4 The Statements of Substantial Compliance must be accompanied,if appropriate,by
a letter of acceptance of maintenance and responsibility by the appropriate utility
company, special district or town for any utilities.
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9.5 A letter must be submitted from the appropriate Fire Authority indicating the fire
hydrants are in place in accordance with the approved plans. The letter shall
indicate if the fire hydrants are operational and state the results of fire flow tests.
9.6 The requirements in paragraphs 9.0 thru 9.5 shall be noted on the final construction
plans.
9.7 Following the submittal of the Statement of Substantial Compliance and
recommendation of approval of the streets by the County, the applicant(s) may
request release of the collateral for the project or portion of the project by the
Board. This action will be taken at a regularly scheduled public meeting of the
Board.
9.8 The request for release of collateral shall be accompanied by"Warranty Collateral"
in the amount of fifteen percent(15%) of the value of the improvements as shown
in this Agreement excluding improvements fully accepted for maintenance by the
responsible governmental entity, special district or utility company.
9.9 The warranty collateral shall be released to the applicant upon final approval by the
Board of County Commissioners.
10.0 Public Sites and Open Spaces: When the Board of County Commissioners, pursuant to a
rezoning, Subdivision or Planned Unit Development,requires the dedication, development
and/or reservation of areas or sites other than Subdivision or Planned Unit Development
streets and utility easements of a character, extent and location suitable for public use for
parks, greenbelts or schools, said actions shall be secured in accordance with one of the
following alternatives,or as specified in the Planned Unit Development(PUD)Plan,if any:
10.1 The required acreage as may be determined according to the Weld County
Subdivision Regulations shall be dedicated to the County or the appropriate school
district, for one of the above purposes. Any area so dedicated shall be maintained
by the County or school district.
10.2 The required acreage as determined according to Chapter 24 of the Weld County
Code, may be reserved through deed restrictions as open area, the maintenance of
which shall be a specific obligation in the deed of each lot within the Subdivision
or Planned Unit Development.
10.3 In lieu of land,the County may require a payment to the County in an amount equal
to the market value at the time of Final Plat submission of the required acreage as
determined according to Chapter 24 of the Weld County Code. Such value shall be
determined by a competent land appraiser chosen jointly by the Board and the
Applicant. The cash collected shall be deposited in an escrow account to be
expended for parks at a later date.
11.0 Successors and Assigns: 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.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the
day and year first above written.
APPLICANT:_
APPLIC f
1'I'I_LE:
c ..
Subscribed and sworn to before me this;LS day of S Err, ,20 0 l . . ' •• ••
My Commission ji expires: �Q «��1J� ti2
Notary liublic ' •
a - 1 _aCe. 3
BOARD OF LINTY COMMISSIONERS
WELD C , COLORADO
. J. eile, Ch (0-"1--20o0
Butil
Glenn Vaad, hair ro- em
ATTEST: / 4� . 5/
W' H..Jerke
,*\\ I . /
Weld County Clerk to the ,3•r. a �A (C3( c
t: 'P
444,
BY: , �` rD�
Deputy Clerk to the Bo;41,-4,,re 1 / Ro ert D.Masden
!_ &1
APPROVED AS TO FORM: ` ''
/ Co Attorney
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EXHIBIT "A"
Name of Subdivision axle / 31
or Planned Unit Development:
Filing:
Location-, : f 1(a(to JfYAx4<DA_ CrCJ
Intending to be legally bound, the undersigned Applicant hereby agrees to provide throughout this
Subdivision or Planned Unit Development the following improvements. (Leave spaces blank where they do
not apply)
Estimated
Improvements Unit Cost Construction Cost
d jc C 0
Street grading
Street base
Street paving
Curbs, gutters, and culverts
Sidewalk
Storm sewer facilities
Retention ponds
Ditch improvements
Subsurface drainage
Sanitary sewers
Trunk and forced lines
Mains
Laterals (house connected)
On-site sewage facilities
On-site water supply and storage
Water mains (includes bore)
Fire hydrants
Survey and street monuments and boxes
Street lighting
Street name signs
Fencing reauirements
Landscaping
Park improvements
Road culvert
Grass lined swale
Telephone
Gas
Electric
Water transfer
SUB-TOTAL:
Engineering and Supervision Costs $
(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 $
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The above improvements shall be constructed in accordance with all County requirements and specifications, --
and conformance with this provision shall be determined solely by Weld County,or its duly authorized agent.
Said improvements�shall be completed according to the construction schedule set out in Exhibit"B."
g�ie�By: r�52�i .1 ,
Ap
Applicant
Date: Or a C , 20 Q/
Title
(If corporation, to be signed by President and attested to by Secretary, together with corporate seal.)
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EXHIBIT"B"
Name of Subdivision LJS1t
13
or Planned Unit Development:
Filing:
Location: L 4 Vo era Y
Intending to be legally bound, the undersigned Applicant hereby agrees to provide throughout this
Subdivision or Planned Unit Development the following improvements.
All improvements shall be completed within years from the date of approval of the final plat.
Construction of the improvements listed in Exhibit"A"shall be completed as follows:
(Leave spaces.blank where they do not apply.)
Improvements Time for Completion
_sitpandar-- .c-e4
Street base
Street paving
Curbs, gutters, and culverts
Sidewalk
Storm sewer facilities
Retention ponds
Ditch improvements
Subsurface drainage
Sanitary sewers
Trunk and forced lines
Mains
Laterals(house connected)
On-site sewage facilities
On-site water supply and storage
Water mains
Fire hydrants
Survey and street monuments and boxes
Street lighting
Street name signs
Fencing requirements
Landscaping
Park improvements
Road culvert
Grass lined swale
Telephone
Gas
Electric
Water Transfer
SUB-TOTAL:
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• Revind ovortoot
I I M:1CCB\CTBFORMSIAPRIVATE
NOV-07-01 WED 18 :31 ACTIVE TRUCK SALE & PART 13035360418 P. 02
The County, at its option,and upon the request o1 the Applicant,may grant an extension of time for
rnraplehon tar any partioulor improvements shown above, upon a showing by the Applicant tiro du-
, above schedule cannot he met.
By: ,�L �.-.4iKat�Z"-
Applicanet
Applioant
__. Date: Clf-1 .20 9 f.
'Title
•
(If corporation, to be signed by President and Attested to by Secretary, together with corporate seal.)
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12 Heine tr1N0ei
H:KR6\CIIIVORMMAPIK 'A16
f MEMORANDUM
Wi`Pe. TO: Board of County Commissioners
COLORADO DATE: November 6, 2001
FROM: Kim Ogle, Planner Ill e!)'
SUBJECT: Acceptance of Irrevocable Letter of Credit
John and Eleanor Hochmiller Living Trust
Active Truck &Auto Parts, Inc.
Case number USR 1311
The Department of Planning Services has reviewed the Improvements Agreement according to
policies regarding collateral for Improvements (Private Road Maintenance) and the estimated
cost appears to be adequate for the non-transportation portion of the agreement, specifically for
on-site clean-up of the premises located at 19460 Weld County Road 28, Hudson.
The Department of Planning Services' has determined that the amount of the agreement will be
sufficient to complete the work required and recommends acceptance of this Letter (Bank of
Colorado, Irrevocable Letter of Credit# 86, dated September 27, 2001).
Items covered under this letter of credit include:
Site Clean-up November 2001 $ 5000.00
The Weld County Attorney and the Department of Planning Services, have determined that the
amount of the agreement will be sufficient to complete the work required for property located at
and the Department of Planning Services recommends acceptance of this Irrevocable Letter of
Credit.
SERVICE,TEAMWORK,INTEGRITY,QUALITY
;cool-3(78
o-2 mcQ Lin
Weld County Pf ann $Dept.
Bank of Colorado
RECEIVED
IRREVOCABLE LETTER OF CREDIT
September 27, 2001
CUSTOMER: John E. Hochmiller Living Trust, dated December 28, 1989, as to an undivided
/2 interest and M. Eleanor Hochmiller Living Trust, dated December 28, 1989,
as to an undivided %z interest
806 Cedar Street
Hudson, CO 80642
ISSUING FINANCIAL INSTITUTION: Bank of Colorado
P.O. Box 228
Fort Lupton, CO 80621
BENEFICIARY: Board of County Commissioners
Attn: Clerk to the Board
P.O. Box 758
Greeley, CO 80632Greenhouse Services Foundation
LETTER OF CREDIT : #86
AMOUNT: $5,000.00
EXPIRATION DATE: September 27, 2002
TO BE AVAILABLE BY DRAFTS DRAWN AT: Bank of Colorado
Letter of Credit#86
Dated: September 27, 2001
To Whom It May Concern:,
The Issuing Financial Institution hereby issues this Irrevocable Letter of Credit and authorizes
the Beneficiary to draw on the Issuing Financial Institution for the account of the Customer for
any sum or sums not exceeding in the aggregate the Amount of this credit defined above.
Drafts must be accompanied by the following documents: Copy of the Letter of Credit.
Drafts drawn under this credit must be clearly marked that they are drawn under the Issuing
605 Fourth Street
P.O.Box 228
Fort Lupton,Colorado 80621-0228
(303)857-6651 FAX(303)857-1640
Metro(303)534-2716
Affiliate of Pinnacle Bancorp
Financial Institution's Letter of Credit and must show the Date and Number of the Letter of
Credit.
The Issuing Financial Institution hereby agrees to honor each draft drawn under and in
compliance with the terms of this Letter of Credit, if duly presented (together with the documents
specified) to the Issuing Financial Institution on or before the close of business on the Expiration
Date stated above. Said Letter of Credit shall remain in full force and effect until after the Board
has received sixty (60) days written notice from the issuer of the Letter of Credit of the pending
expiration. Said notice shall be sent to by certified mail to the Clerk of the Board of County
Commissioners.
Unless other wise expressly stated, this Letter of Credit is subject to the Uniform Customs and
Practice for Documentary Credit(1983 Revision), International Chamber of Commerce Brochure
No. 400, and, where not inconsistent therewith, to Article Five of the Uniform Commercial Code
of the state of principal office of the Issuing Financial Institution. Unless otherwise expressly
stated above, only original documents will be accepted. No reproductions or carbon copies may
be substituted for originals.
This Letter of Credit is not valid or binding unless signed by two officers of the Issuing Financial
Institution.
Sincerely,
Bank of Colorado
Donald Tomoi
President-Fort Lupton
By: I ;
Je e e
Vice President
CLERK TO THE BOARD
PHONE (970)336-7215, Ext. 4225
C
' FAX: (970) 352-0242
P. O. BOX 758 GREELEY, COLORADO 80632
COLORADO
August 2, 2005
John and M. Eleanor Hochmiller
do John Hochmiller
19867 Scotch Pine Drive
LaSalle, Colorado 80645
RE: Cancellation and release of Collateral - Active Truck and auto Parks, Inc.
To Whom It May Concern:
Attached hereto please find copies of the Board of County Commissioner's Resolution approving
the cancellation and release of collateral, as referenced above. The original Letter of Credit was
returned to Bank of Colorado, P. O. Box 228, Fort Lupton, Colorado 80621-0228.
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:
Carol A. Hardi g,
Deputy Clerk to the Board
°Zp0(-3/88
riet
CLERK TO THE BOARD
PHONE (970)336-7215, Ext. 4225
FAX: (970) 352-0242
WI I D P. O. BOX 758
C
GREELEY, COLORADO 80632
COLORADO
August 2, 2005
Bank of Colorado
P. O. Box 228
Fort Lupton, Colorado 80621-0228
RE: Cancellation and release of Collateral - Active Truck and Auto Parts, 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 collateral, as referenced above. The original
Irrevocable Letter of Credit 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:
arol A. Harding,
Deputy Clerk to the Board' •--_
Weld County planningDept•
Bank of Colorado
,Y RECEIVED
IRREVOCABLE LETTER OF CREDIT
September 27, 2001
CUSTOMER: John E. Hochmiller Living Trust, dated December 28, 1989, as to an undivided
V2 interest and M. Eleanor Hochmiller Living Trust, dated December 28, 1989,
as to an undivided %z interest
806 Cedar Street
Hudson, CO 80642
ISSUING FINANCIAL INSTITUTION: Bank of Colorado yo�o�R
P.O. Box 228 Z go
• Fort Lupton, CO 80621 of cR�o�
BENEFICIARY: Board of County Commissioners g84�gg� the
Attn: Clerk to the Board 7 t° 1°Yaa°
P.O. Box 758 e °
of
Greeley, CO 80632Greenhouse Services Foundation 016 C° S0 10
ty
LETTER OF CREDIT : #86
AMOUNT: $5,000.00
EXPIRATION DATE: September 27, 2002
TO BE AVAILABLE BY DRAFTS DRAWN AT: Bank of Colorado
Letter of Credit#86
Dated: September 27, 2001
To Whom It May Concern:,
The Issuing Financial Institution hereby issues this Irrevocable Letter of Credit and authorizes
the Beneficiary to draw on the Issuing Financial Institution for the account of the Customer for
any sum or sums not exceeding in the aggregate the Amount of this credit defined above.
Drafts must be accompanied by the following documents: Copy of the Letter of Credit.
Drafts drawn under this credit must be clearly marked that they are drawn under the Issuing
605 Fourth Street
P.O.Box 228
Fort Lupton,Colorado 80621-0228
(303)857-6651 FAX(303)857-1640
Metro(303)534-2716
Affiliate of Pinnacle Bancorp
Financial Institution's Letter of Credit and must show the Date and Number of the Letter of
Credit.
The Issuing Financial Institution hereby agrees to honor each draft drawn under and in
compliance with the terms of this Letter of Credit, if duly presented (together with the documents
specified)to the Issuing Financial Institution on or before the close of business on the Expiration
Date stated above. Said Letter of Credit shall remain in full force and effect until after the Board
has received sixty (60) days written notice from the issuer of the Letter of Credit of the pending
expiration. Said notice shall be sent to by certified mail to the Clerk of the Board of County
Commissioners.
Unless other wise expressly stated, this Letter of Credit is subject to the Uniform Customs and
Practice for Documentary Credit (1983 Revision), International Chamber of Commerce Brochure
No. 400, and, where not inconsistent therewith, to Article Five of the Uniform Commercial Code
of the state of principal office of the Issuing Financial Institution. Unless otherwise expressly
stated above, only original documents will be accepted. No reproductions or carbon copies may
be substituted for originals.
This Letter of Credit is not valid or binding unless signed by two officers of the Issuing Financial
Institution.
Sincerely,
Bank of Colorado
BO LOO
Donald Tomoi
President-Fort Lupton
By:
Je e e
Vice President
COLLATERAL RELEASED
IN CONJUNCTION WITH
OTHER CASES
SEE #2005-2091
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