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HomeMy WebLinkAbout972268.tiffRESOLUTION RE: APPROVE EXCHANGE OF COLLATERAL FOR IMPROVEMENTS AGREEMENT FOR PRIVATE ROAD MAINTENANCE - DOUGLAS MYERS, CIO JAMES S. HILLHOUSE FOR GANDER VALLEY PUD 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 July 9, 1997, the Board approved an Improvements Agreement for Private Road Maintenance with Douglas Myers, Go James S. Hillhouse for Gander Valley PUD, and accepted an Irrevocable Letter of Credit, and WHEREAS, Douglas Myers, do James S. Hillhouse for Gander Valley PUD, has requested release of said Letter of Credit No. 1062, drawn on the Colorado Business Bank, 1900 Fifteenth Street, Boulder, Colorado 80302, in the amount of $30,000; and offered in exchange Irrevocable Letter of Credit No. 1070 for $2,000, effective September 24, 1997, also drawn on the Colorado Business Bank, and WHEREAS, after review, and upon the recommendation of staff from the Department of Planning Services, Public Works, and County Attorney's Office, the Board deems it advisable to release the abovementioned Letter of Credit, in the amount of $30,000, and accept the replacement Letter of Credit in the amount of $2,000. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners that Irrevocable Letter of Credit No. 1062, drawn on the Colorado Business Bank, 1900 Fifteenth Street, Boulder, Colorado 80302, in the amount of $30,000 be, and hereby is, released. BE IT FURTHER RESOLVED by the Board that Irrevocable Letter of Credit for $2,000 effective September 24, 1997, and drawn on the Colorado Business Bank, at the above address, be, and hereby is, accepted. 2575611 B-1633 P-1115 10/23/1997 03:15P PG 1 OF 2 REC DOC 1 Weld County CO JA Suki Tsukamoto Clerk & Recorder 0.00 972268 Cc. Pt; Hi/lhalLc;e/inyers3 L'/ PL1165 AGREEMENTS AND COLLATERAL - DOUGLAS MYERS, CIO JAMES S. HILLHOUSE FOR GANDER VALLEY PUD PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 15th day of October, A.D., 1997. ATTEST: Weld Co BY. Deputy Cler and AS TO FOM: my Attor ey BOARD OF COUNTY COMMISSIONERS WELD CQUNTY, COLORADO eorge . Baxter, Chair W. H. Webster EXCUSED Barbara J. Kirkmeyer EXCUSED 2575611 B-1633 P-1115 10/23/1997 03:15P PG 2 OF 2 972268 PL1165 ij„(t 6--,i Y 1.x.1 va.. r -/ .:. la COLORADO vir BUSINESS BANK BOULDER IRREVOCABLE STANDBY LETTER OF CREDIT To: Mr. Todd Hodges Weld County Department of Planning Services 1400 North 17th Avenue Greeley, CO 80631 L/C NO: 1070 EFF DATE: 9/24/97 EXPIRATION: 9/24/98 AMOUNT: $2,000.00 We hereby establish our Irrevocable Standby Letter of Credit Number 1070 in your favor for the account of Gander Valley, a minor subdivision of Weld County, in the amount not to exceed Two Thousand Dollars and no/100 U.S. Dollars ($2,000.00) available by draft at sight on us accompanied by certification of the County Administrator, that Gander Valley failed to complete installation of the improvements in accordance with the Improvements Agreement and the issuer has been notified of such default. We hereby further agree that: 1. Drafts under and in compliance with the terms of this Irrevocable Letter of Credit will be duly honored if presented at our office at 1900 15th Street, Boulder, Colorado 80302, on or before 3:00 P.M. September 24 ,1998, or any extended expiry date as indicated below. 2. Funds available under this Irrevocable Letter of Credit may be drawn in such amounts and at such times as determined by Weld County, provided that the amount drawn shall not exceed the aggregate amount specified herein. 3. We shall have no right, duty, obligation, or responsibility to evaluate the performance or non performance of the underlying contract between Gander Valley and the beneficiary of this credit. 4. All drafts must be marked "Drawn under Irrevocable Letter of Credit Number Gander Valley". This Irrevocable Letter of Credit shall have a FULL AND FINAL EXPIRATION DATE OF September 24, 1998. Except so far as otherwise stated, this credit is subject to the Uniform Customs and Practice for Documentary Credits (1993 Revision, International Chamber of Commerce Publication No. 500). Sincerely, Elissa Curran Assistant Vice President 1900 Fifteenth Street. Boulder, Colorado 80302 (303) 413-6000 Fax (303) 786-9701 9722553 r. IGNIFICpNT OFIIRECIN_ Proven Solutions for Your Business September 30, 1997 Todd Hodges RE: Substitute Letter of Credit Please find attached a new letter of credit in the amount of $2,000.00 to cover the one year maintenance agreement for Gander Valley Drive. All work has been completed; roads, water lines, other utilities, and landscaping for the Gander Valley Subdivision. This letter is my formal request for Weld County to release the $30,000.00 letter of credit and replace it for a period of one year with the attached letter of credit for $2,000.00. Please advise as to when I can deliver the original letter credit. Very Tr Yours, Douglas E. Myers cm nt P! nnin(", Dept. OCT 1 4 1997 1525 Spruce St., Suite 101 Boulder, CO 80302 303-442-2677 972268 46t1 MEMORANDUM VP% TO: Board of County Commissioners COLORADO From: Todd A. Hodges, Current Planner II SUBJECT: S-423, Exchange of Letters of Credit October 13, 1997 The Department of Planning Services and Public Works Department have reviewed the request to exchange a Letter of Credit in the amount of $2000.00 for the existing Letter of Credit in the amount of $30,000.00. The improvements have been made on site and the new Letter of Credit in the amount of $2000.00 (15% of the total required internal road improvements) will be held for a period of one year. The Department of Planning Service's staff recommends that the Board of County Commissioners accept the new Letter of Credit in the amount of $2000.00 in exchange for the original Letter of Credit in the amount of $30,000.00. Attached is a copy of the applicant's request and Letter of Credit. 972268 EXHIBIT "A" Name of Subdivision: GANDER VALLEY P. U.D. Filing: Location: A part of Section 4, Township 6 North, Range 67 W., Weld Co., Colorado Intending to be legally bound, the undersigned Applicant hereby agrees to provide throughout this subdivision and as showdon the subdivision final plat County dated 19 recorded en , 19 , in Book , Page No. , Reception No. 6- cY , the following improvements. (Leave spaces blank where they do not apply) Improvements Unit CoSS Street grntcinc Street base Street paving Curbs. enders. & cut:fens Sidewalk Storm sewerlacilities Retention ponds Ditch improvements Subsurface drainage Sanitary sewers - Sanitary sewers Trunk & forced lines Mains - -• J aterals (house connecter() On -sire sewage facilities On•site watersuoply d(ctnra2c Water mains-lnclusjes Bore 6"PVC-848 LF $8 480 Fire hydrants 1 S7 '00 Survev & Street monuments c�. boxes 2 300 ,Street lighting Street name sinus Fencing requirements j sndscaping ; $6. nun Park imnrovernents Road Culver ` 18"CNP-70LF $ 840 (Do7 Grass LinedSWale Telephone Oils Electric AV-iter Transfer Wet Tap 1_12"x6" Tap S 800 L2!_ degree bend - 6" 2 $ lsn 90 degree Elbow -E." $ 350 6" Valve and Box 9 550 ' 6" Tee 200 7/4" Water Sergi cps 4 $2_Q00 Units Estimated c` 3 Construction Cost c0 500 Cu. yd. $2,080 290 Cu. yd. S2.900 qo.7. I moz 4p7, frOO,, 7?268 MEMORANDUM TO: Todd Hodges, Current Planner II DATE: August 13, 1997 FROM: Don Carroll, Project Administrator <Q� SUBJECT: S-423, Douglas Myers, c/o James Hillhouse Release of Collateral At the request of the applicant, I visited the site on August 12, 1997. The items checked were the items on the Improvements Agreement for Gander Valley PUD Exhibit A. (See Exhibit A attached.) The Street Grading item is 90% complete. The borrow pit section and the back slopes need to be regraded to a finished stage. The Street Base item is 90% complete. There are four locations that need additional gravel placed adjacent to the asphalt at the entrance. Three quarters of the way through the road, there appears to be slick spots where the gravel has disappeared either by wear or the recent weather. The final spot is in the center of the cul-de-sac where it appears to be soft. The soft spot needs additional gravel. The Street Culvert item has been installed at the entrance to the PUD. This item is 100% complete. As is with all our subdivisions, 15% of the retainage needs to be withheld for a period of one year. After one year, the site will be reinspected and the retention will be released if there are no problems. cc: Commissioner Harbert S-423 plan12 972268 WIDc COLORADO MEMORANDUM TO: Todd Hodges, Current Planner II DATE: August 29, 1997 FROM: Don Carroll, Project Administrator Y SUBJECT: S-423, Douglas Myer do James Hillhouse Release of collateral At the request of the applicant, I revisited the site on August 29,1997. The items checked were on the Improvements Agreement for Gander Valley PUD (Exhibit A attached). The Street Grading item is 100% complete. The Street Base item is 100% complete. As with all subdivisions, 15% of the retainage is withheld for a period of one year. After one year, the site will be reinspected per the applicants request in writing. If there are no problems, the retainage will be released. cc: Commissioner Harbert S-423 file plan30 SEP 0 2 1997 972268 Hello