HomeMy WebLinkAbout20001369.tiff RESOLUTION
RE: APPROVE IMPROVEMENTS AGREEMENT FOR PRIVATE PARKING AND
LANDSCAPING IMPROVEMENTS, AUTHORIZE CHAIR TO SIGN, AND ACCEPT
FORM OF COLLATERAL FOR SITE PLAN REVIEW, SPR#318 -WYNJA VISTA,
LLLP, C/O DAVID AND SANDRA WYNJA
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 April 11, 2000, the Department of Planning Services staff did approve a
Site Plan, SPR#318, for Wynja Vista, LLLP, do David and Sandra Wynja, 1531 Skyway Drive.
Unit A, Longmont, Colorado, 80504, on the following described real estate, to-wit:
Lot 10, Block 2, Vista Commercial Center, Filing 1; located in part
of the N1/2 of Section 8, Township 2 North, Range 68 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 for Private Parking and Landscaping Improvements between
the County of Weld, State of Colorado, by and through the Board of County Commissioners 01
Weld County, and Wynja Vista, LLLP, do David and Sandra Wynja, with terms and conditions
being as stated in said agreement, a copy of which is attached hereto and incorporated herein
by reference, and
WHEREAS, the Board has been presented with a Letter Agreement concerning funds
availability from Community First National Bank, 1610 Hover Road, Longmont, Colorado 80501,
and Wynja Vista, LLLP, do David and Sandra Wynja, to the Lee Morrison, Assistant Weld
County Attorney, in the amount of$88,563.00, a copy of which is attached hereto and
incorporated herein by reference, and
WHEREAS, after review, the Board deems it advisable to approve said Improvements
Agreement; however, the Board deems it to be in the best interest of the County to require one
of the five forms of collateral listed as acceptable in the County Policy on Collateral for
Improvements.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the Improvements Agreement for Private Parking and
Landscaping Improvements between the County of Weld, State of Colorado, by and through
the Board of County Commissioners of Weld County, and Wynja Vista, LLLP, do David and
Sandra Wynja, be, and hereby is, approved.
BE IT FURTHER RESOLVED that the Letter Agreement concerning funds availability
from Community First National Bank, 1610 Hover Road, Longmont, Colorado 80501, and
Wynja Vista, LLLP, do David and Sandra Wynja, to the Lee Morrison, Assistant Weld County
Attorney, in the amount of $88,563.00, be and hereby is, deemed inadequate.
�,e, f',FL '/ /i"t- FL
2000-1369
PL1420
IMPROVEMENTS AGREEMENT - WYNJA VISTA, LLLP (SPR#318)
PAGE 2
BE IT FURTHER RESOLVED that if, in the judgement of staff and the County
Attorney's Office, Wynja Vista, LLLP, do David and Sandra Wynja, submits one of the five
acceptable forms of collateral to the Board of Commissioners in the amount of $88,563.00, the
form of collateral will be deemed approved.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 5th day of June, A.D., 2000.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
CJ� I ✓" �
ATTEST: ��� , �Al2.itCLJt 62�i$"e /c —
�� /
`Barbara J. rkme er, Chair ;'
y
Weld County Clerk to (4 � - j
\J —
M. J. ile, ro-Tem
BY: �.i/_. :� c_�
Deputy Clerk to the t•� / ..40(. --/ —
- __ or Baxter
APPROVE TO,FORM: Q
Da . Hall ,/
Glenn Vaa
7 L )
-c my AQtorney w aCtwr: c�2f
2000-1369
PL1420
IMPROVEMENTS AGREEMENT
PRIVATE PARKING AND LANDSCAPING IMPROVEMENTS
THIS AGREEMENT, made and entered into this `� a day of 1 s7e 2000, by and
between the County of Weld,State of Colorado,acting through its Board of ounty Commissioners,
hereinafter call "County," and Wynja Vista, LLLP hereinafter 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:
Lot 10, Block 2, Vista Commercial Center, Filing 1,
Weld County, Colorado aka 1567 Skyway Drive Longmont, Colorado
WHEREAS, a final Site Plan of said property, to be known as Wynja Building Site Plan,
Case Number SPR-318, has been submitted to the County for approval; and
WHEREAS, § 23 of the Weld County Zoning Ordinance provides that no final Site Plan
shall be approved by the County until the Applicant has submitted an Improvements
Agreement guaranteeing the construction of the private parking and landscaping improvements
shown on the plans and supporting documents of the 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 the acceptance and
approval of said final Site Plan and subsequent issuance of required building permit(s), the
parties hereto promise, covenant and agree as follows:
1. Construction: Applicant shall furnish and install, at its own expense, the private
improvements listed on Exhibit "A"which is attached hereto and a part hereof by this
reference, according to the construction schedule set out in Exhibit "B" also attached
hereto and made a part hereof by this reference.
a. Construction shall be in strict conformance to the approved Site and Landscape
Plans.
b. At all times during the construction, the County reserves the right to inspect the
work. Any work not meeting the intent of the plan shall be replaced to conform. to
the approved plans at the Applicant's expense.
c. The work shall be completed in the time frame defined in Exhibit 'B'. The
County Commissioners may grant extensions at their discretion.
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d. The Applicant intends to develop the Site in accordance with the approved plans
2. Improvements Guarantee:
a. The Applicant has caused cash to be placed in escrow in the amount of
$88,563.00, as the amount equal to 100% of the cost of improvements as sot forth
in Exhibits "A" and "B."
b. The escrow agent will be Community First National Bank, located at 1610 Hover
Road, Longmont, Colorado 80501.
c. The escrow agent guarantees that the escrowed funds will be used for
improvements as specified in this agreement and for no other purpose and will not
release any portion of such funds without prior approval of the Board of Count`
Commissioners, which approval will not unreasonably withheld.
d. If the Board of 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, to be used only for the installation of
improvements set forth in Exhibits "A" and "B," or the completion of said
improvements.
3. Request for Release of Collateral: Prior to release of the collateral for the improvements
set forth in Exhibits "A" and "B," the Applicant will present a statement of Substantial
Compliance from an Architect registered in Colorado stating that, to the Architect's be.si
knowledge and belief, the improvements or portion thereof, have been completed in
substantial compliance with approved plans and specifications. Said Statement(s) of
Compliance will be issued to the Weld County department of Planning Services for
review and preparation of a recommendation to the County Commissioners.
Collateral may be released only by resolution of the Board of County Commissioners
approved in a regularly scheduled business meeting.
4. 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 sha Il
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 execute-1
on the day and year first abov written.
ATE BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
L OARD OF
C O SSIONERS /� , / , ' /
issi (,,,,,4‘,t - C ' ;� %/AJLLlIe�c �✓ ci{f i Lti_
\ / Barbara J. Kjr�lcmeyer, Ch (06/05/00)
G
:) `/t c✓//-2-4-j4'1 s
t$pufy`iS'.Ie c to the Board ( 7 7/ �1/.ts,./
M. J./Cei1P, Chair Pro-Tem') ---4" ril APPROVED AS TO FORM:7 ////11 a'B . Zi
—, 2 Georg . Baxter
By: i1,- L-)
W ty Att y --'\,- - Dale. K. Hall
APPLICANT: GleiWaad
Wynja Vista LLLP
By: 7-re
7
Title: 6)7P-11,24�a�/2-.fikelk
_ S��UBSCRIBED AND SWORN to before me this /O day of v• . 2000
by_4 c2aeeJ ,4 �,.y-„g,. . "
7 O
4144-424mi (-L<-- l
Notary Public
My Commission expires: 7 -7-9/
a
r'¢ NOTA Iii,.;rxV,
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EXHIBIT 'A'
WYNJA BUILDING SITE PLAN
IMPROVEMENTS COST ESTIMATE
Private Parking Improvement Costs $ 72 000.00
Private Landscaping Improvement Costs $ 16 _00
TOTAL ESTIMATED COST OF IMPROVEMENTS $ 88 503_00
The above improvements shall be constructed in accordance with the approved plans and
specifications prepared by J.W. MILLER ASSOCIATES, 203 South Main Street, Suite D,
Longmont, Colorado 80501.
Said improvements shall be completed according to the construction schedule set forth in Exhibit
W Y,NJk VISTA, LLLP
a id H. Wynja, Ge Ptr. Sandra A. Wynja, Gen. ?tr./
/
Date: 57/6 , 2000
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EXHIBIT `B'
WYNJA BUILDING SITE PLAN
CONSTRUCTION SCHEDULE
Intending to be legally bound, the undersigned Applicant hereby agrees to construct the
improvements shown on the approved final Site Plan and Landscape Plan of the WYNJA
BUILDING in Vista Commercial Center, dated 27 January 2000, revised 20 April 2000,
Recorded on , 2000, according to the following schedule.
All improvements shall be completed within one year of the date of approval of the final
Site Plan or issuance of the building permit(s), whichever is later.
Construction of the improvements listed in Exhibit "A" shall be completed as follows:
Improvement Time for Completion
Private Parking Area On or before 1 October 2000
Landscaping On or before 1 October 2000
Weld County, at its option, and upon the request by the Applicant, may grant an
extension of time for completion for any portion of the improvements shown above, upon a
showing by the Applicant that the above schedule cannot be met.
W A VISTA, LLLP /
David H. Wynja, Gen. Pt . Sandra A. Wynja, Gen. P /
Date: ,5174O , 2000
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MEMORANDUM
yolk TO:
omESther- Clerk Chris Gathmanh Ple anner
ard May 11; 2000 ,
COLOSUBJECT: Improvements Agreement for SPR-318 (Wynja Vista)
Attached is a copy of the signed improvements agreement and letter of collateral for SPR-
318 (Wynja Vista). The agreement has already been reviewed and accepted by the Weld
County Public Works Department and Weld County Attorney's office. This is ready to be set
up for acceptance of collateral by the Weld County Board of Commissioners. If there is any ]
additional information that you need, let me know. Thank you.
2000-1369
-17L/9.2.0
David Wynja and Associates, Inc.
• t,. ],531 Skyway Drive, Unit A
Longmont, CO 80504
June 2,2000 Phone: 303-772-2123
Fax: 303-772-4114
Ester Gesick
Weld County Clerk to the Board
915 10th Street
Greeley, CO 80361
Dear Ms. Gesick:
Enclosed please find the original letter written May 17, 2000 by Don Stroh,Commercial Loan Officer
Community First National Bank,to Lee Morrison regarding the Wynja Vista, LLLP building located at Lot
10, Block 2, Vista Commercial Center and signed by David H. Wynja General Partner and Sandra A.
Wynja General Partner to be addressed at the Monday meeting of the Weld County Board of
Commissioners.
Sandy and I will be on a business trip all of next week. If you have any questions or concerns please call
my cell phone 303-589-0485 or Mr. Stroh at Community First Bank 303-651-7777.
Thank you for your assistance.
Sincerely,
David Wynja
General Partner. Wynja Vista LLLP
65/17/2010 16:25 No.5:3I 6022
dm
i Community Furst
Community First National Bank•Member FDIC
17 May 00
Weld County Board of Commissioners
Attn: Lee Morrison
1555 N 17*Ave
Greeley,CO 80631
RE: Funds availability for the parking of and landscaping for Wynja Vista,LLLP building located at
Lot 10,Block 2,Vista Commercial Center
Dear Mr.Morrison:
I am writing this letter on behalf of Wynja Vista,LLLP,David H.and Sandra A.Wynja,General Partners,
Mr.Morrison,Dave Wynja has informed me that he has spoken with you earlier this week in regards to
trying to resolve the issue of escrowing funds for the completion of the Wynja Vista II building's parking
lot and landscaping. I am aware that Weld County must follow protocol to ensure that fluids will be
available for the completion of the parking lot and landscaping. However,it is not in the best financial
interest of our borrower to advance funds on the construction loan and escrow the money in a savings
account.Therefore,in the event of default by Wynja Vista,LLLP,Community First National Bank hereby
authorizes the Weld County Attorney or its representative to advance funds on the construction loan to
ensure that the parking lot and landscaping improvements are completed. The amount shall not exceed
$88,563.00($16,563 for landscaping and$72,000 for the parking lot),as this is the amount required to be
held in escrow by Weld County.
Please indicate acceptance and authorization by signing below:
Lee Morrison,Weld County Attorney
W ista,LLLP 1
C
15avid H.Wynja,General Farm
Sandra A.Wynja,General PtE ene
Mr.Morrison,should you or the Weld County Board of Commissioners have any questions,please don't
hesitate to c t me at 303.651.7777.
Sin
Itro
Commercial Loan Officer
cc/Chris Guthman
1610 Hover Road • Longmont,Colorado 80501 • (303)651-7777 • (303)651-3177 Fax
Cf2 Community First
Community First National Bank •Member FDIC
May 17, 2000 Weld County Planning s4
MAY 22 2000
Chris Gathman RECEIVED
Department of Planning Services
1555 N17th Ave
Greeley, CO 80631
RE:Wynja Vista.LLP. fiends availability
Dear Mr. Gathman,
At the request of Mr.Morrison and David and Sandra Wynja, I am forwarding a copy of the letter to
be sent to the Weld County Board of Commissioners.
IF there are any questions in regards to this project please contact me at 303-651-7777, ext. 48.
Sincerely,
Don Stroh
Commercial Loan Officer
DS/tc
1610 Hover Road • Longmont,Colorado 80501 • (303)651-7777 • (303)651-3177 Fax
0
Community First
Community First National Bank •Member FDIC
April 20, 2000
Chris Gathman
Department of Planning Services
1555 N 17°Ave
Greeley, CO 80631
RE: Funds availability for the parking lot and landscaping For Wynja Vista, LLLP
Building located at Lot 10, Block 2, Vista Commercial Center
Dear Chris,
I am writing this letter on behalf of Wynja Vista, LLP,David H. and Sandra A.Wynja,
General Partners.Wynja Vista, LLLP has signed a loan agreement with Community First
National Bank in the amount of$1,200,000.00 for the construction of finish of the project
located at Lot 10, Block 2, vista Commercial Center. The cost of the parking lot and
landscaping have been included the construction budget. Should additional funding be
required complete this project further credit will be extended by the Bank.
If you have qu dons regarding this matter please contact me at 303-651-7777, ext. 48.
Sincerely,
>on Stroh
Commercial Loan Officer
1610 Hover Road • Longmont,Colorado 80501 • (303)651-7777 • (303)651-3177 Fax
CICommunity First
Community First National Bank • Member FDIC
Issue Date: June 6, 2000
Irrevocable Standby Letter of Credit Number 153
Applicant: Beneficiary:
Wynja Vista, LLLP Board of County Commissioners
1531 Skyway Dr. County of Weld
Lonogmont CO 80504 PO Box 758
Greeley CO 80632
Amount: USD $88,563.00 Expiration: March 27, 2001
Eighty eight thousand five hundred Community First National Bank
sixty three and no/100 United States Commercial Loan Department
Dollars 1610 Hover Road
Longmont, CO 80501
At the request and on the instruction of our customer, Wynja Vista, LLLP ("Account
Party") we hereby establish in favor of the Board of County Commissioners of the
County of Weld, its successors and assigns ("Beneficiary") this Irrevocable Standby
Letter of Credit ("Letter of Credit') in the aggregate amount of USD $88,563.00.
(eighty eight thousand five hundred sixty three and no/100United States Dollars).
1. Subject to the further provisions of this Letter of Credit, one or more drawings
may be made by the Beneficiary hereunder by presentation of the following to
Community First National Bank, 1610 Hover Road, Longmont, CO 80501.
(a) a certificate in the form attached as Exhibit A hereto signed by one who
states therein that he/she is a duly authorized representative of
Beneficiary, and dated the date such certificate is presented hereunder: and
(b) A draft in the form attached as Exhibit B hereto (A) Drawn by and payable
to the Beneficiary or to its order on us, (B) bearing the number of this
Letter of Credit, (C) dated the date of the certificate referred to in clause
(a) above, presented with such draft and (D)having inserted therein where
indicated a dollar amount not in excess of the aggregate maximum amount
then drawable under this Letter of Credit.
This Letter of Credit executed on June 6, 2000, shall have a 295day term and
expires on March 27, 2001.
Continued on pag_ two which forms an integral part of this Letter of Credit No 153
1610 Hover Road • Longmont,Colorado 80501 • (303)651-7777 • (303)651-3177 Fax
This is page two,which forms an integral part of this Letter of Credit No 153
3. This Letter of Credit sets forth in full the terms of our undertaking, and such
undertaking shall not in any way be modified or amended in any manner, unless
in writing and with Beneficiary's prior consent. We acknowledge that our
obligations hereunder to the Beneficiary are unconditional, except as set forth
herein, and represent our independent obligations to the Beneficiary.
4. This Letter of Credit is transferable by Community First National Bank and is
assignable by Beneficiary. No letter of Credit should be issued as a replacement
or substitution for this Letter of Credit. This Letter of Credit will be issued by us
without your prior written consent. This Letter of Credit shall be governed by.
and construed in accordance with the terms of the Uniform Customs and Practice
for Documentary Credits (1993 revision). International Chamber of Commerce
Publication No. 599. Communications with respect to this Letter of Credit shall
be addressed to us at our address listed above specifically referring to the number
of this Letter of Credit.
5. We agree to pay on sight drafts duly presented by Beneficiary hereunder by
payment to Beneficiary directly or to any account in the name of the beneficiary
at any bank designated by Beneficiary. Beneficiary shall designate such account
upon presentation of the draft. If a demand for payment made by Beneficiary
hereunder does not, in any instance conform to the terms and conditions of this
Letter of Credit, we shall give Beneficiary immediate notice that its purported
negotiation of this Letter of Credit was not effected in accordance with the terms
and conditions of this Letter of Credit, stating the reasons therefor and that we are
holding any documents at its disposal or are returning the same to Beneficiary.
6. Lender shall honor the drafts submitted by Beneficiary under the following terms
and conditions: Lender shall be permitted to pay any draft submitted pursuant to
this Irrevocable Letter of Credit only if the draft is issued pursuant to the
authority, direction and order of the Beneficiary.
Continued on page three which forms an integral part of the Letter of Credit No. 153
This is page three,which forms an integral part of this Letter of Credit No. 153
7. A copy of this Letter of Credit must accompany each draft and the amount of each
draft shall be marked on the draft. Beneficiary shall maintain possession of Letter
of Credit until the full amount of this Letter of Credit has been drawn. Once the
full amount is drawn, Beneficiary shall return the Letter of Credit to Lender.
Partial draws are permitted under this Letter of Credit. Lender's honor of a draw
shall automatically reduce the amount of credit available under this Letter.
8. Assignment or Transfer: The right to draw under this Letter of Credit shall be
nontransferable, except for:
A: A transfer by direct operation of law to the original beneficiary's
administrator, executor, bankruptcy trustee, receiver, liquidator, successor,
or other representatives at law; and
B: The first immediate transfer by such legal representative to a third
party after express approval of a governmental body (judicial,
administrative, or executive).
Please direct any inquiries with regard to this Letter of Credit to Community First
National Bank, Commercial Loan Department, 1610 Hover Road, Longmont, CO 80501
(303-651-7777).
Very Truly Your
By:Print Name:-PoNllOti
(Donn 'zc,m- to-Ad a icer.,
Title
Cf2 Conummity First
Community First National Bank •Member FDIC
Exhibit A to Irrevocable Standby Letter of Credit
Number 153
Certificate
The undersigned, a duly authorized representative of Beneficiary hereby certifies as
follows with respect to:
(i) that certain Irrevocable Standby Letter of Credit No. 153 dated June 6,
2000, (the"Letter of Credit"), issued by Community First National Bank
in favor of the Board of County Commissioners of the County of Weld,
and its successors and assigns ("Beneficiary") for the account of Wynja
Vista, LLLP ("Account Party"), and
(ii) one or more agreements by and between the Board of County
Commissioners of the County of Weld and Account Party and any
amendments or supplements thereto and any guarantees, documents or
agreements executed in connection therewith (collectively the
"Agreements"):
1. 'The account Party has failed to pay or perform under the terms of
one or more of the Agreements, and/or
2. 'The Letter of Credit has not been renewed or replaced or, Account
Party has failed to provide sufficient proof to Beneficiary that the
Letter of Credit was renewed or replaced within thirty (30) days
prior to its expiration date, with any renewal or replacement in a
form and in substance and from a bank satisfactory to the Board of
County Commissioners of the County of Weld.
3. The amount of the draft presented with this Certificate does not
exceed the aggregate maximum amount drawable under the Letter
of Credit as provided therein.
In Witness whereof', this Certificate has been executed , 20,
Board of County Commissioners of the County of Weld (Beneficiary)
Beneficiary
By:
Authorized Representative
1610 Hover Road • Longmont,Colorado 80501 • (303)651-7777 • (303)651-3177 Fax
Community First
Community First National Bank•Member FDIC
Exhibit B to Irrevocable Standby Letter of Credit
Draft
Pay on Presentation to the order of the Board of County Commissioners of the County of
Weld. (Beneficiary)the sum:
[Not to exceed eighty eight thousand five hundred three and no/I 00 (S88,563.00)]
Drawn on Community First National Bank (Lender), 1610 Hover Road, Longmont, Co
80501 .
Reference: Irrevocable Standby Letter of Credit No 153 dated June 6, 2000
Board of County Commissiners of the County of Weld (Beneficiary)
By:
Authorized Representative
1610 Hover Road • Longmont,Colorado 80501 • (303)651-7777 • (303)651-3177 Fax
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