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HomeMy WebLinkAbout910597.tiff IP • AR23a9784 RESOLUTION RE: APPROVE CANCELLATION AND RELEASE OF DEMAND NOTE IN THE AMOUNT OF $38,665.00 FOR WESTRIDGE SUBDIVISION FIFTH FILING AND AUTHORIZE CHAIRMAN TO SIGN WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested p with the authority of administering the affairs of Weld County, Colorado, and o oU ▪ - WHEREAS, by Resolution on July 28, 1975, the Board approved the subdivision '440 • plat known as Westridge Fifth Filing and accepted a demand note in the amount of • $38,665.00 for collateral on street improvements, and a 0 3 WHEREAS, by Resolution on May 22, 1978, the Board did release Rocky a Mountain Enterprises of New Jersey, subdivider of Westridge Fifth Filing from its c drW obligations under the subdivision agreement relating to construction of street a improvements for Block 1 of Westridge Fifth Filing, nad O UW WHEREAS, by memo dated July 8, 1991, the County Engineer has recommended w d release of said collateral, and .. w o a4 WHEREAS, the Board deems it advisable to cancel and release said w collateral. W Na U NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld o H County, Colorado, that the Demand Note dated July 28, 1975, in the amount of W $38,665.00 for collateral on the subdivision plat known as Westridge Fifth Filing H y be, and hereby is, cancelled and released. o; W � W BE IT FURTHER RESOLVED that the Chairman be, and hereby is, authorized to r w sign said Demand Note for cancellation and release of same. m • Z The above and foregoing Resolution was, on motion duly made and seconded, N o adopted by the following vote on the 15th day of July, A.D. , 1991. >4 r;41 144 BOARD OF COUNTY COMMISSIONERS ATTEST: WELD COUNTY CO *RAM ro / �� Loci m Ln Weld County. Clerk to ":tile, Board eV!!Gordo, . Gordo. . y, ha n rp w By. De�uky e k the Board Geo ge Kennedy, Pro-Tem APPROVED S TO FORM: ,C2, ••.a Constance L. Harbert 077/7/4a". County Attorn y C. W. Kirby W. H. eb 910597 r 1.1 t b y � 1/4- Lie _ A n WAIL f- r III O. . Amount of Note 41 I38 (o 6,$ E / Greeley, Colorado JO L y�JZ EiS , 19 7r On demand after date for value received, the undersigned promises to pay to the order of the Board of County Commissioners, Weld County, Colorado, the sum of T/RTy 014N7- Tic santb Sik )64/0v04.4 Sixry- FevE - Dollars• ( $.a.e,665 % ) with interest at ten percent (10%) per year from date of demand until paid. This note is given for the purpose of securing the Board of County Commis loners, Weld County, Colorado, against a contingent liability by reason of said Bo rd of Commissioners, Weld County, Colorado, granting subdivision rights to a or more of the undersigned within the County of Weld, Colorado, as outlin d in Sub- division Agreement dated ray� 2e , 197x-, and guaranteein installation of certain improvements in saitl subdivision by Attsusr i . 9 77 • , Amount of note shall be conditioned by damages which the Board County / Commissioners shall suffer by failure of undersigned to perfor under said agreg` ment. Upon final acceptance of said improvements by the Boa of County Commissioners, Weld County, Colorado, this obligation sha be void; otherw fie to remain in full force and effect. The makers, endorsers, sureties, guarantors and assi s\this oteiseverally waive demand, presentment for payment, protest and ice of p est4nd of non- payment, and agree and consent to any extensions oft e f p en without notice, by the holder on request of any of them. It is also stipulated that should this note be collec ed b ali` tto ey after maturity or in case of default (whether b suit or otherwi e) en rcen (10%), additional y p o on amount due shall be allowed the holder as a orne es. If the improvements as shown have not bee c stiu fed y the stated completion time, the Board of County Commissioner at 1 do may re-negotiate the note amount to reflect change in constru • c stnd a amount of improvement construction completed. NOTE: APPROVED FINANCIAL ST EM MUST BE ATTACHED. /SCe kyles/rid/r 4 V 7'o ROCK UNTAIN ENTERPRISES OF NEW JERSEY r �i'7QAriit / SAT /tine is. • de /" 1 Arn • __sie.,.�,W:717n4, Set Accepted by the B d of County ommissioners, Weld County, Colorado, this day of , 19 THE BOARD OF COUNTY COMMISSIONERS ATTEST: WELD COUNTY, COLORADO Y SAUL I/��/e�/� • Cler of the Bo � • ��� � ' f�c" E t c (BY , .N6t� �f t) G!� / ���//7 i� puty County Cle U \ /-74,/,,,,.../..4 AP._.RO ED AS TO• :M ' , ��rj — 1 Stt C l c Oounty j tt rney !) 910597 MEMORAnDum Carol Harding, Wilk Clerk to the Board's Office July 8, 1991 Dace Drew Scheltinga, County Engineer .4/1/02,2a) COLORADO From � Letter of Credits and Bonds Subject. Westridge Fifth Filing was recorded on August 8, 1975. However, no streets were ever constructed and to my knowledge, there has been no activity of any kind. I do not understand the intent of the resolution of May 22, 1978. However, I cannot imagine the Commissioners would want to collect on any surety since no houses were ever built. I recommend releasing any outdated sureties, and if a developer becomes interested in Westridge Fifth in the future, an updated surety could be required. Sureties for Sekich Business Park should be retained. There has been extensive development, but Road 9.5 has not been upgraded in accordance with the Road Improvements and Maintenance Agreement dated August 20, 1986. Consolidated Freightways is presently developing their site, which includes paving a small portion of county road. This surety should be held until the work is accepted in accordance with the Improvements Agreement. DS/mw:mbonds.mrw cc: Commissioner Harbert Chuck Cunliffe, Director of Planning • _ • • MEMORAnDum Carol Harding , March 28, 1991 Clerk to the Board's Office To Date— ( � Drew Scheltinga, County Engineer CCILCIRADO From y Letter of Credits and Bonds Subject: In response to your memo of February 7, 1991, I have researched the Engineering Department files and reviewed the status of various projects with Keith Schuett in the Planning Department. For the items of which I have knowledge, I will give a brief comment and recommendation in the order they appear in your memo. SUBDIVISIONS: ✓Gilbaugh's Appaloosa Acres - The subdivision was platted in 1974. The lots have access to County roads. Appy Way is a road that accesses behind the lots and is to be/maintained by the owner. I recommend sureties be released. vWest Hill-n-Park, First Filing - The streets in West Hill-n-Park, First Filing, have been constructed for over ten years, and have been maintained by Weld County for several years. I recommend release of any sureties. "'Johnson's First Addition - The subdivision was platted in 1968 and construction of all roads has been completed. The roads have been formally accepted by Weld County for maintenance. I recommend release of all sureties. Northwest Estates, First Filing - All the streets have been accepted by Weld County for maintenance. I recommend release of all sureties. ,/Northwest Estates. Second Filing - This subdivision was platted in 1972 and there has been no construction of streets, utilities, or houses. Presently, the land is being farmed. Since the sureties expired in 1975, I recommend releasing the sureties. fr.-Riverview Subdivision - All construction in the subdivision has been completed. North 35th Avenue is a private street and maintained by the Home Owner's Association. I recommend release of all sureties. ✓ ter+,��� • Westridge Fourth Filing - All the streets have been accepted for maintenance by Weld County. I recommend releasing all sureties. KAHN (Waterford Subdivision) - This subdivision is at the northeast corner of I-25 and County Road 24. The surety is for the improvement of Weld County Road 24, if the subdivision is to be developed. Since activity on this project is still possible, I recommend keeping the surety, although it expired in 1989. • USE BY SPECIAL REVIEW: BL Ventures - This project is still active and all sureties should be maintained. Tire Mountain. Inc. - This project is still active and sureties should be maintained. Mount Calvary Lutheran Church - This project is still active and the surety should be maintained. PLOWING PERMITS: I have no knowledge of the status of any of the plowing permits. ROAD IMPROVEMENTS AGREEMENTS: Sekich - A part of the subdivision requirements was for the eventual improvements to Weld County Road 9.5. These improvements have not taken place as of this date. I recommend maintaining any sureties having to do with the road improvements. National Hog Farms - Improvements and paving of Weld County Roads 69 and 380 have been completed. However, I have no knowledge of the agreements between National Hog Farms and Weld County. I cannot make a recommendation on any of the National Hog Farm questions. CURBS, GUTTERS, ETC. : Waffle House, Inc, - Construction on this project is still possible. I recommend maintaining the sureties. UTILITY INSTALLATION PERMIT: v6 liver Construction Company - This project was completed eight years ago, and there are no road problems relating to the original construction. I recommend releasing any sureties. DS/mw:creditsm.mrw \, cc: Commissioner Harbert Keith Schuett, Planning Department Hello