HomeMy WebLinkAbout20000362 WELD COUNTY ATTORNEY'S OFFICE
PHONE: (970) 356-4000, EXT. 4391
FAX: (970) 352-0242
915 TENTH STREET P.O. BOX 1948 111g' GREELEY, COLORADO 80632
January 24, 2000
C
COLORADO
David T. McCall
Lind, Lawrence& Ottenhoff
1011 11th Avenue
P.O. Box 326
Greeley, CO 80632
RE: Sekich Business Park - Weld County
Road 9.5
Dear Mr. McCall:
I have received a copy of your January 3, 2000, letter addressed to Donald Carroll regarding the
Sekich Business Park and Weld County Road ("WCR") 9.5. Your letter was in response to a
letter dated November 29, 1999, from Mr. Carroll and addressed to Fred and Nick Sekich. Mr.
Carroll's letter requested that the Sekiches reinstate a Letter of Credit in the amount of
$47,025.00 or provide other collateral to cover the Sekiches' share for the improvements to
approximately 2,650 feet of WCR 9.5, which lies north of Colorado State Highway 66. Mr.
Carroll's request is based upon an August 20, 1986, Road Improvements and Maintenance
Agreement between the Sekiches and Weld County and concerning WCR 9.5. Your letter
contends that the Agreement expired 60 days subsequent to December 31, 1988, by virtue of
Weld County's failure to request reinstatement of the original Letter of Credit No. 1181. A copy
of the Agreement is enclosed.
Your contentions are without merit. The Agreement clearly obligates the Sekiches and the
at such time as the
Sekich Bue sare Par nk toes participate
fact that the Letter improvements
of Credit expired at the end of 1988, or that
improvements necessary.
the required improvements have not been warranted until now, does not mean that the
Agreement terminated and/or the Sekiches' obligation ceased.
It is my understanding that Mr. Carroll is collecting the information letter you requested in your
January 3, 2000, letter. He will be submitting that information to you shortly.comply with the I this
reinstate the Letter of Credit.s As W. Carroll Agreement
s a esin h sletter,the
and Weld County's
equet that they
traffic now
4!4/ ' 2000-0362
P,.J t- OO77
David T. McCall, Letter
January 24, 2000
Page 2.
generated at WCR 9.5 warrants the road improvements specifically mentioned in paragraphs 6, 7
and 8 of the Agreement.
If you should have any questions regarding this letter, please feel free to call me at 356-4000,
extension 4390.
Sincerely,
/ 'Bruce T. Barker
Weld County Attorney
BTB/db:Let/Sekich
pc: Frank Hempen
Don Carroll
Carol Harding
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