HomeMy WebLinkAbout20011563 RESOLUTION
244
RE: APPROVE CANCELLATION AND RELEASE OF COLLATERAL AND ACCEPT
REPLACEMENT COLLATERAL FOR SITE PLAN REVIEW, SPR#314 -T.S.
SKYWAY, 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 16, 2000, the Board did approve an
Improvements Agreement According to Policy Regarding Collateral for Improvements with T.S.
Skyway, LLC, 1232 Boston Avenue, Longmont, Colorado 80501, concerning property
described as part of the Lots 2 and 3, Block 3, Vista Commercial Center, itself a part of the
Richardson Planned Unit Development, Phase 1; a part of the S1/2 of Section 5, Township 2
North, Range 68 West of the 6th P.M., Weld County, Colorado , and
WHEREAS, pursuant to said Improvements Agreement, Irrevocable Standby Letter of
Credit#383, drawn on the First National Bank of Longmont, 401 Main Street, P.O. Box 1159,
Longmont, Colorado 80502-1159, in the amount of $55,000, was submitted to Weld County,
and
WHEREAS, staff from the Weld County Department of Public Works and Planning
Services has conducted a visual inspection of the project and recommends cancellation and
release of said collateral, and $4,000.00 of the total amount to be retained for a one-year
period to cover landscaping costs, and
WHEREAS, the Board of County Commissioners deems it advisable to cancel and
release Irrevocable Standby Letter of Credit#383, drawn on the First National Bank of
Longmont, 401 Main Street, P.O. Box 1159, Longmont, Colorado 80502-1159, in the amount
of$55,000, with the cancellation being conditional upon the receipt of a replacement form of
collateral, in the amount of $4,000.00, by the Clerk to the Board's Office, to be held for the
period of one year.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that Irrevocable Standby Letter of Credit#383, drawn on the First
National Bank of Longmont, 401 Main Street, P.O. Box 1159, Longmont, Colorado 80502-
1159, in the amount of $55,000, 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.
BE IT FURTHER RESOLVED by the Board that the cancellation is conditional upon the
receipt of a replacement form of collateral by the Clerk to the Board's Office, in the amount of
$4,000.00, to be held for the period of one year to cover landscaping costs.
1111111111111111111 III' 1111111111111111111 11111 IIII 1111
2897244 11/01/2001 03:57P JA Suki Tsukamoto
1 of 2 R 0.00 D 0.00 Weld County CO 2001-1563
PL1384
Pe; PL, PLo, o-
I
CANCEL COLLATERAL-T.S. SKYWAY, LLC (SPR#314)
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 11th day of June, A.D., 2001.
BOARD OF COUNTY COMMISSIONERS
WELD COU TY, COLORADO
ATTEST: LA Qi/d
J. eile, Chair
Weld County Clerk tot :o. .b �`
.vu,
1861 ( ��t EXCUSED
Q.
'%+��°� Glenn Vaad, Pro-Tem
BY: ,II/1_. - i-
Deputy Clerk to the a'' N1�g X1-1 - 'V. A.L-,
Willi H. Jerke
APP y D AS 16 F RM: �,
It—.It—. David E. Long
unty lA orn6y
Robert D. asden
1111111 HI 11111111111 IIIII 111111 IIIII 11111111 1111 1111
2897244
R 0002001 D 0.003:57P JA Suki ukamoto
Weld County CO
MIDI II III IIII 5/2 II1d 11II1 i sukamot
2001-1563
PL1384
floc; MEMORANDUM
IYi`I To: Board of County Commissioners June 6, 2001
COLORADO From: Kim Ogle, Planner III
Subject: Release of Collateral
On June 3, 2001, the Department of Planning Services preformed a site investigation of the
completed improvements for the T.S. Skyway development located at 1804, 1822 and 1840
Skyway Drive, Vista Commercial Center. The completed improvements for which a draw is
being requested includes the paving and landscape portion of the remaining collateral.
Don Carroll of Weld County Department of Public Works has inspected the items, and in his
memorandum of May29, 2001, indicates he has no conflict with the release of funds. The
Department of Planning Services' in their letter of June 4, 2001 recommends the withholding of
the improvements collateral until the dead, dying or missing landscape items have been
replaced and all areas suffering from erosion and/or containing noxious weeds have been
addressed. Lee Morrison, Assistant County Attorney, has advised that the release of funds
would be in accordance with the terms of the Improvements Agreement.
Given this situation, the Department of Planning Services recommends holding the Landscape
collateral for a period of one year. At the end of the one year if no replacement of plant
material, i.e., the shrub material and the eradication of noxious weeds are addressed, the
collateral shall be released. Monies required for replacement collateral shall be four thousand
(4000.00) dollars. Materials that shall be replaced include all dead or dying
Therefore, the Department of Planning Services and Department of Public Works recommend
that fifty-five thousand and no/100s ($ 55,000.00) dollars be released. Staff's recommendation
is to release the collateral, in the form of a Letter of Credit. This release is conditioned on the
posting of the warranty collateral by the applicant. The applicant shall submit a new Letter of
Credit for four thousand and no/100s ($4000.00) dollars for replacement collateral.
SERVICE,TEAMWORK,INTEGRITY,QUALITY 2001-1563
po 3g Li
kteMEMORANDUM
TO:TO: Julie Chester, Lead Planner DATE: May 29, 2001 C SUBJECT:
FROM: nald Carroll, Engineering
Administrator 015'
COLORADO TS Skyway, LLC
Release of collateral
At the request of the applicant, inspection of the site was performed.
Weld County Public Works recommends the release of the transportation collateral in the amount
of$51,000 which is being held until the final lift of asphalt is placed, and the parking lot is striped.
Both items have been completed to my satisfaction.
All other non-transportation items shall be verified by Planning Services prior to release.
Weld County Planning Dept.
i...`.Y G 2001
RECEIVED
cc: Carol Harding, Clerk to the Board
Anne Best Johnson, Long Range Planner
File
skywymem
(Pelt
IDEPARTMENT OF PLANNING SERVICES
111 1555 N. 17TH AVENUE
GREELEY, COLORADO 80631
OWEBSITE: www.co.weld.co.us
E-mail address: kogle@CO.Weld.CO.US
COLORADO• PHONE (970) 353-X197 304-EXT.6498
FAX(970)304-6498
June 4, 2001
Stephen B. Strong
T.S. Skyway L.L.C
1232 Boston Avenue
Longmont, Colorado 80501
Subject: Site Plan Review 314
Location: Vista Commercial Center, 1804, 1822 and 1840 Skyway Drive
Dear Mr. Strong:
The Department of Planning Services at your request preformed a site investigation of the
completed improvements for the above referenced project. Staff determined that the landscape
improvements have generally been met. Two Juniperus chinensis'Pfitzeriana' and one Juniperus
Sabina 'Buffalo' are considered dead and shall be replaced as stated in item 5.C of the
Administrative Review and is as follows:
A landscape maintenance schedule which specifically states who will perform
maintenance and that maintenance is on-going and shall not end upon final
acceptance by the Department of Planning Services (Dept. of Planning
Services).
In addition to the dead plant material, staff noted numerous weeds growing in the planting areas,
the cobble stone landscape areas and in areas surrounding by concrete. The landscape fabric in
some locations, specifically in the entrance planting bed is visible and in this same area, the bark
mulch appears to be thin due to the presence of sand and gravels from the winter. Further, trash
dumpsters are to be screened from the public right-of-way and all adjacent properties. In two
instances,these receptacles were not located within the screened areas as noted on the Site Plan.
Further, the construction semi-trailer remains on site, along with one set of wood stairs,
miscellaneous pieces of pipe, dimensional lumber, metal components and truck trailer parts.
Finally, the temporary wood faced sign in the front planting area shall be removed from the
premises. All of these issues shall be addressed to the satisfaction of the Department of Planning
Services.
The Department of Planning Services has determined that your request may be premature given
that all issues associated with this development have not been adequately addressed and rectified.
Given this situation, Staff will recommend release of the fifty-five thousand and no/100s dollars.
This release is conditioned on the posting of new warranty collateral by the applicant. The
applicant shall submit a new Letter of Credit for four thousand and no/100s ($4000.00) dollars for
replacement collateral pending completion of the above referenced items to the satisfaction of the
Department of Planning Services.
Arrangements for replacement collateral of four thousand ($4000.00) dollars shall be made with
this office or the office of the Clerk to the Board, attention Kim Schuett, at 970 336-7215 x 4227.
When the replacement collateral has been received, this case will be scheduled before the Board
of County Commissioners.
Should you have any questions or need further information, I may be reached at the above
address, telephone number or e-mail address.
Sincerely,
K O
Plannimer
electronic copy:A.Johnson, Long Range Planner
M.Mika, Director
J.Chester, Planner III
cc: File SPR 314
n r-�
TS SKYWAY, LLC
1232 Boston Avenue, Longmont, CO 80501 Phone 303.772.6776 FAX 303.444.6774
Weld County Planning Dept.
2 1 2001
May 17, 2001 RECEIVED
TO: Weld County Planning Department
Anne Johnson
1555 North 17th Avenue
Greeley, CO 80631
SUBJECT: Site Plan Review Number 314, Release of Letter of Credit.
Dear Ms Johnson
This letter is to request the release of the remaining collateral balance on our letter of
credit.
Our records show that there is currently $51,000 remaining on the paving and $4000
remaining on the landscaping. All work has been completed on these remaining features
and the project is ready for the final inspection.
Sincerely,
o / O gl 4-4 c->2_
TS SKYWAY, LLC
cc Donald Carroll
,-►, .
EXHIBIT"A" -
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Name of Subdivision: TN-e 5KLittl Cth+U
Y
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Filing:
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Location: Lcit 2 ► 3 .B .pck 3 a� ' VISTA * .t1 et 4. ,
pr AM '-r aF) ktc 4Aitts r) P.a °. PHA 5e
Intending to be legally bound, the undersigned Applicant hereby agrees to provide throughout this LL
subdivision and as s' own on the subdivision final lat County dated -re(. '7 • 199 7 ,
recorded on _.. rJ4r 2 ) , 19 d �, in Book Page No. , Reception No.
25'7_,_Q(p ,the following improvements. 0 0
0
(Leave spaces blank where they do not apply) o N ea
Estimated m
Xmgrovements Unit Cost Connetio i
Cost 1Y,� �z
j
111 may@ •$d g 7�
Street grading � �
Street base u��tO // 4�±au.gw r
Street paving I1 Z30 Y 'f Co Ill Z��9?—O _ ,— '-Ma� :,e,-
ti
o t9 ✓�,'
Curbs, gutters, culverts 14' T• Q R j � � ✓i "'
Sidewalk S? 2 ) T
Storm sewer facilities I ! l
Retention Ponds I
Ditch improvements
l
Subsurface drainage
$anitary sewers
Sanitary sewers
Trunk & forced lines i
Mains
Lgterals (house connected)
•
On-site sewage fac' 't ee
O -site water supply& storage
Water mains-Includes Bore
Fire Hydrant,
5urveN & street monuments & boxes -
Street lighting .
Street name signs GnClI1g /43 �� �I
requirements ,,>6 5,6 `?
-• I i
Landscat}ing. — -
?3rk improvements j t
load Culvert
(TT;� _l '^,'�'i Swale
TTeie„Qpn e
Gas
;c ric
Water Transfer
; r
*2/3961.ed l
SUB-TOTAL • ) I
1 I Revised 6/97
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