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RESOLUTION
RE: APPROVE CANCELLATION AND RELEASE OF COLLATERAL AND ACCEPTANCE
OF WARRANTY COLLATERAL - CONTINENTAL VIEW PONDS, S #377
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 May 22, 1995, the Board did approve an
Improvements Agreement According to Policy Regarding Collateral for Improvements (Private
Road Maintenance) with Jack Olberding, John Widerquist, Terry Henze, and William Bedell
(Continental View Ponds PUD), concerning property described as NW1/4 SW1/4 of Section 29,
Township 2 North, Range 68 West of the 6th P.M., Weld County, Colorado, and
WHEREAS, pursuant to said Improvements Agreement According to Policy Regarding
Collateral (Private Road Maintenance), an Irrevocable Letter of Credit No. 4039, drawn on Bank
One, Colorado, NA, Boulder Banking Center, P.O. Box 1, Boulder, Colorado 80306-0001, in the
amount of$91,000.00, was submitted to Weld County, and
WHEREAS, Don Carroll, Project Coordinator for the Weld County Public Works
Department, has conducted a visual inspection and recommends release of said collateral, and
WHEREAS, the County Attorney's Office and the Weld County Department of Planning
Services staff support this request for release of said collateral and recommend the Board
retain, until June 1998, five (5) percent warranty collateral, or$750.00 of the $15,000.00
collateral originally accepted, for future maintenance of existing plantings, and
WHEREAS, based upon the recommendations of staff, the Board deems it advisable to
release said Irrevocable Letter of Credit No. 4039 in the amount of$91,000.00 and to accept
said warranty collateral in the amount of$750.00.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the Irrevocable Letter of Credit No. 4039, drawn on Bank One,
Colorado, NA, Boulder Banking Center, P.O. Box 1, Boulder, Colorado 80306-0001, in the
amount of$91,000.00, 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 a replacement letter of credit in the
amount of$750.00 be, and hereby is, accepted, and will be retained by Weld County until June
1998, as warranty collateral.
� ' G�✓O ��' �Gj Gt 961935
2532795 B-1591 P-230 02/10/1997 I1 :28A PG 1 OF 2 REC DOC PL0966
Weld County CO JA Suki Tsukamoto Clerk & Recorder 0.00
CANCEL COLLATERAL AND ACCEPT WARRANTY COLLATERAL
CONTINENTAL VIEW PONDS PUD, S #377
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 30th day of October, A.D., 1996.
BOARD OF COUNTY COMMISSIONERS
fl 1 i) WE, D COUNTY, COLORADO
Al* t✓
ATT T: C/ /; j . t LOLL
Barbara J. Kirkmeyer,/Chairman✓
Weld ountyClerkt4th d
Geor a E. Baxter, Pr -Te
BY:
Deputy Clerk to the Board
Dale Hall
APPROV D AS TO F M: (�0;C O4e•Ze-,-`
Constance L. Harbert 9
my Attor y if 7 g
W. H. Webster
2532795 B-1591 P-230 02/10/1997 11 :28A PG 2 OF 2 961935
PL0966
a
Bi4NK EVE®
Amendment
BANK ONE, COLORADO, N.A. 20468
INTERNATIONAL DEPARTMENT, 1125 17th STREET
(Awe)
DENVER, COLORADO 80202
Date Confirmation of our Telex dated
OCTOBER 31, 1996 ❑ _
Letter of Credit No.:
$ 4039
G Beneficiary -r�
Applicant )
m WELD COUNTY GOVERNMENT TERRY HENZE, JACK OLBERDING, '
g 1400 NORTH 17th AVENUE WILLIAM BEDELL, JOHN WIDERQUIST
u GREELEY, COLORADO 80631 4816 DEVONSHIRE STREET
E BOULDER, CO 80301
6 Mn:
Advising Bank Attn:
Amendment t No.
S N/A TWO (2)
O
6 Advising Bank's reference
O
Ann:International Operations
U
S
.N We haw amended our Letter of Credit as follows.
iii All other terms and conditons remain unchanged.
90
--o EN Amount ggyy d g $90,250.00
L4The total amount issued is now $750.00
. 0 The latest shipment date has been extended to
a
d
g 0 The expiry date has been extended to
8
E
.15 THIS LETTER OF CREDIT AMENDMENT REQUIRES BENEFICIARY APPROVAL BEFORE IT BECOMES
g` OPERATIVE. PLEASE INDICATE YOUR ACCEPTANCE OF THIS AMENDMENT BY SIGNING ON THE
g APPROPRIATE LINE ON THE ATTACHED COPY OF THIS AMENDMENT AND RETURNING IT IN THE
55 ENCLOSED ENVELOPE.
SHOULD YOU CHOOSE TO REJECT THIS AMENDMENT, SIGN ON THE APPROPRIATE LINE OF THE
ORIGINAL AMENDMENT AND RETURN IT IN THE ENCLOSED ENVELOPE.
THIS AM NDMENT WILL NOT BECOME OPERATIVE UNTIL WE HAVE RECEIVED THE SIGNED COPY FROM
co Y0
rn
MC P E -AUTHORIZED SIGNER REJECTED-AUTHORIZED SIGNER
1
A
BANK ONE, COLORADO, N.A.
28-15362410M0/ 1/93) AMENDMENT 961935
ORIGINAL
MEMORANDUM
TO: Board of County Commissioners
COLORADO FROM: Gloria Dunn, Current Planner
SUBJECT: Continental View Ponds request for release of collateral
DATE: October 30, 1996
This request comes from Terry A. Henze, applicant for a six-lot Planned Unit Development
(NW4 SW4 of Section 29, T2N, R68W) approved as case number S-377 by the Board in May of
1995. Weld County holds a $91,000 irrevocable letter of credit which was posted for utility,
road (cul-de-sac), landscaping and wildlife habitat improvements on the site.
All work has been completed on the site in accordance with the Improvements Agreement, and
Mr. Henze requests release of the letter of credit. Staff recommends that the Board retain five
(5) percent warranty collateral, or$750 of the $15,000 collateral originally accepted, for future
maintenance of existing plantings. The "Landscaping and Wildlife Habitat Enhancement
Improvements", as identified on Exhibits A and B of the Improvements Agreement, were
established under a three-year time frame. Mr. Henze is prepared to provide a replacement
letter of credit in the amount of$750, and staff requests that it be accepted and retained by the
County until June, 1998.
The County Attorney's Office and Public Works Department support this request for release of
the letter of credit and acceptance of warranty collateral by the Board. Staff recommends that
the Board authorize same.
SERVICE,TEAMWORK,INTEGRITY,QUALITY
961935
From: LEE MORRISON
To: gdunn
Date: 10/23/96 11:25am
Reply requested when convenient
continental view ponds agreement includes$750 as warrenty collateral for landscaping and wildlife enhancement to
ensure survival and compliance w/the three year plan for wildlife habitat.The collateral does not include anything for
roads as the cul de sac has been completed and paving was not required and the maintenance is private.
I reommend approval of the agreement.
CC: bbarker
961935
mEmORAnDUm
Gloria Dunn, Current Planner October 15, 1996
Date
To
COLORADO Don Carroll, Project Coordinator 1LL
From
Subject S-377, Continental View Ponds, Release of Collateral
At the request of the applicant, I visited the site on October 14, 1996. I verified the installation of
the additional aggregate base course Class 6 requested in my memorandum dated June 7, 1996. The
material has been placed at both locations to my satisfaction. I have no conflict in releasing the
$2,000 that was being withheld for this item.
The applicant has placed on the mylar the new width of the driving surface between the landscaped
area and the edge of the cul-de-sac to my satisfaction.
cc: Commissioner Hall
S-377
plan l4
1 :try t""'t1'1'�..
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961935
unty Planning De't'
Weld Co Continental View Pond
Terry A. Henze
a 2 5 1996 4816 Devonshire Street
Boulder, CO 80301
EGE
wet)D (303) 530-5588
June 19, 1996
Gloria Dunn
Current Planner
Weld County Colorado
Weld County Administrative Offices
1400 N. 17th Avenue
Greeley, CO 80631
Re: Continental View Pond
Dear Gloria,
Regarding the landscaping in Continental View Pond PUD, you
requested a letter confirming completion.
All wildlife habitat is complete to date at 100% and we are now
planting replacement trees for the ones that didn't survive the
winter.
The landscaping in front of the lots is also now 100% complete.
I hope we now have all the information to complete the release of
the letter of credit. Thank you for your help in this matter.
Sincerely, >
Terry A. Helize
961935
mEmoRAnDum
Gloria Dunn, Current Planner June 7, 1996
To Date
COLORADO Don Carroll, Project Coordinator /pile
From
Subject: S-377, Continental View Ponds, Release of Collateral
I visited the site on May 24, 1996, and have the following comments:
Cul-de-sac:
The applicant has landscaped the center of the cul-de-sac with large boulders and pine trees. This
was not reflected on either the landscape plan or the drainage, grading and road plan map. The
applicant needs to place the landscaped area on the mylar to reflect the actual conditions in the field.
Since this is a privately maintained subdivision, Weld County will not be held liable for any
accidents that may occur due to the landscaping in the middle of the cul-de-sac.
Cul-de-sac Cross Section:
The applicant indicated that a minimum of six inches of material or embankment material will be
placed prior to placing four inches of Class 6 aggregate base course. The embankment has been
placed, but not the four inches of Class 6 base course.
The applicant needs to place on the mylar the new width of the driving surface between the
landscaped area and the edge of the cul-de-sac.
Aggregate Base Course Class 6:
The applicant needs to place approximately 200 tons of Class 6 aggregate base course on the cul-de-
sac area, which serves Lots 2 through 5 and the access road to Lot 1. The material should be placed
in the designated driving lane only around the landscaping. The material needs to be wetted, rolled,
and compacted in place.
Release of Collateral:
I am withholding $2,000 on the aggregate base course item until the applicant has placed the four
inches of Class 6 aggregate base course on the cul-de-sac and the access to Lot 1.
Culverts:
Both culverts to the access points have been verified in the field as being installed properly. I have
no conflict with this item.
cc: Commissioner Hall
S-377 file
plan3
961935
"fty Planning Dept.
_= MAY 31 1996
fl/ED
mttleApplegate,lnc.
Consultants for Land,Mineral and Water Development
May 24, 1996
Mr. Terry Henze
4816 Devonshire
Boulder, CO 80301
RE: Statement of Substantial Compliance for Continental View Pond PUD
Dear Terry:
This letter is being written to document that the cul-de-sac and culvert improvements planned for
the Continental View Pond PUD have been completed in substantial compliance. On May 23,
1996 I visited the Continental View Pond site. I have field verified the compliance on the
following items:
• New 18 inch culvert at Lot 1 entrance
■ One foot of fill over culverts at Lot 1 entrance and cul-de-sac entrance
• Dimensions on cul-de-sac construction
• Four inches of aggregate base course on cul-de-sac
All improvements for the cul-de-sac and culverts are completed in substantial compliance with
the PUD plans.
Cordially,
TUTTLE APPLEGATE, INC.
;p0 REG45/
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Dave Jo es = • '
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cc: File #96-026 �o•'•., ••
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O19602ft8t0ggrant Street, Suite 555 • Denver, Colorado 80233• (303) 452-6611 • Fax (303) 452-1935
inimews
LEFT HAND WATER DISTRICT
Weld County Planning Dept.
MAY 3 1. 1996
March 29, 1996 RECEIVED
Terry Henze
4816 Devonshire
Boulder, CO 80301
Re: Continental View Pond
TO WHOM IT MAY CONCERN:
The above referenced project has satisfactorily passed
all necessary tests and inspections, and the required
documents and drawings have been received.
Therefore, the two year warranty period to be provided by
the developer shall commence as of August 1, 1995.
Sincerely,
Kath�h A. Peterson
General Manager
P.O. Box 210 •Niwot CO. 80544•(303) 530-4200 • Fax (303) 530-5252
961935
?10:0%
CONTINENTAL VIEW PONDS
‘31 1996 %Terry Henze
MAC 16 Devonshire Street
°INIIE Boulder, CO 80301
(303) 530-5588
May 29, 1996
Gloria Dunn
Weld County Department of Planning Services
1400 N. 17th Avenue
Greeley, CO 80631
Re: Continental View Pond PUD
Dear Gloria,
We spoke last week about the letter I sent you on April 12, 1996
regarding the $91,000 letter of credit
We would like to get a release on this letter of credit. I am
enclosing copies of letters from Left Hand Water and Tuttle
Applegate. It is my understanding that Mt. View Fire District sent
their letter directly to you.
Tuttle Applegate visited the site and wrote the Statement of
Substantial Compliance which is the last piece we need for you to
forward this to your engineers for acceptance.
Any help you would be able to provide us in accomplishing this
would be greatly appreciated as it is very late. Should you need
any additional information, please don't hesitate to contact me.
Thank you for your help in this matter.
Sincerely,
ljair
Terry A. Henze
961935
gDuNrt, MOUNTAIN VIEW FIRE PROTECTION DISTRICT
��� a Administrative Office:
�' $ 9119 County Line Road • Longmont, CO 80501
a ,_ ' c " E (303) 772-0710 Metro (303) 666-4404 FAX (303) 651-7702
Er
VIEW
April 9, 1996
Weld County Department of Planning Services
1400 N. 17th Avenue
Greeley, CO 80631
RE: Case Number Z-488
Continental View Pond PUD
Dear Sir:
I did a final inspection on this subdivision today. It meets all of the requirements of the
Fire District.
If you have any questions, please contact me.
Sincerely, S
•
Charles E. Boyes
Fire Prevention Specialist
CC: William N. Bailey, Deputy Chief, Fire Prevention
Weld County Planning Dept.
APR 11 1996
RECEIVED
Station 1 Station 2 Station 3 Station 4 Station 5 Station 6 Station 7
9119 Cnty Line Rd. 10971 WCR 13 P.O.Box 575 P.O.Box 11 10911 Dobbin Run P.O.Box 666 PO Box 40
Longmont,CO Longmont,CO 299 Palmer Ave. 8500 Niwot Road Lafayette,CO 600 Briggs 100 So.Forest St.
80501 80504 Mead,CO 80542 Niwot,CO 80544 80026 Erie,CO 80516 Dacono,CO 80514
961935
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