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Home My WebLink About982366.tiff RESOLUTION RE: APPROVE CANCELLATION AND PARTIAL RELEASE OF COLLATERAL -WESTERN DAIRYMEN COOPERATIVE 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 November 24, the Board did approve the application of Western Dairymen Cooperative, 12450 North Washington Street, Thornton, Colorado 80241, for a Site Specific Development Plan and Planned Unit Development Final Plan, S #431, for a 19-lot Subdivision in a PUD C-3 and I-1 Zone District on the following described real estate, to wit: Part of the N''/z of Section 10, Township 2 North, Range 68 West of the 6th P.M., Weld County, Colorado WHEREAS, on January 12, 1998, the Board of County Commissioner of Weld County, Colorado, did approve an Improvements Agreement According to Policy Regarding Collateral for Improvements (Publicly Maintained Roads) and a Road Maintenance and Improvement Agreement (Off-Site) between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Western Dairymen Cooperative, Inc., with terms and conditions being as stated in said agreement, and accept Standby Letter of Credit Number SPL36245, drawn on the Harris Trust and Savings Bank, P.O. Box 755, Chicago, Illinois 60690- 0755, in the amount of$850,520.20, WHEREAS, based upon staff recommendations from the Departments of Public Works, Planning Services, and County Attorney's Office, the Board deems it advisable to reduce said collateral to $150,136.95. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the letter of credit with the Harris Trust and Savings Bank, in the amount of 850,520.20, be, and hereby is, reduced to $150,136.95. BE IT FURTHER RESOLVED by the Board that the Clerk to the Board be, and hereby is, directed to return the balance of said collateral to the appropriate issuing party. 982366 PL1071 CANCEL COLLATERAL - DAIRY FARMERS OF AMERICA PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 7th day of December, A.D., 1998. BOARD OF COUNTY COMMISSIONERS WELL? COUNTY, COLORADO / ATTEST: Constance L. Harbert, Chair Weld County ler W. H. Webster, Fro-Tem BY: D .uty Cl k t. t��f > C_r EXCUSED r 1_ orge E. Baxter Dale K. all o ty Atto- ey Lk__wJ 47, Barbara J. Kirkmey r 982366 PL1071 ( it CLERK TO THE BOARD PHONE (970) 356-4000, EXT.4218 FAX: (970) 352-0242 P.O. BOX 758 C. GREELEY, COLORADO 80632 WI I D COLORADO December 17, 1998 HARRIS TRUST AND SAVINGS BOND Attn: Letter of Credit Section 311 W. Monroe Street 13th Floor Chicago, Illinois 60606 RE: Irrevocable Letter of Credit#SPL36245 Dairy Farmers of America S431 Enclosed please find a copy of the Weld County Board of Commissioner's resolution releasing Letter of Credit No. SPL36245, with the understanding that a new letter of credit would be issued in the amount of$150,136.95. Upon issuance of the new Letter of Credit, I will mail to you the original Letter of Credit SPL36245. If you have any questions or need additional information, please do not hesitate to contact me at (970) 356-4000, Extension 4227. Sincerely, / Kimberlee Schuett Deputy Clerk to the Board cc: file - PL1071 Gregory Yando LYAI DAIRY RIMERS ofAMERICA November 13, 1998 Weld County Planning Department 1400 North 17'h Avenue Weld County Planning Dept Greeley, Colorado 80631 Attention: Sharon Frazier NOV 1 9 1998 Re: Release of Collateral Request t I V E Case #S431 Western Dairymen Subdivision To Whom It May Concern: This letter is a request for release of collateral for the Western Dairymen Subdivision; a 19-lot PUD located on the south side of State Highway 119, east abutting Weld County Road 7 '/2. DFA requests the reduction of the letter of credit of$850,520 given our recent completion of the utility, road(access) and landscaping improvements, both on and off site. Upon your approval and authorization, Harris Bank will provide a replacement letter of credit for $150,136.95, which covers 15 percent of the anticipated road improvement cost and 100 percent of landscaping plans, as well as the temporary access drive. It should be understood that this collateral is in exchange for release of the previously posted collateral and is within the terms of the Improvements Agreement with Weld County for the Dairy Farmers of America subdivision. We further request that an officer of Weld County notify Harris Bank of the authorization of a reduction of the letter of credit. The letter should be addressed to Harris Bank as noted on the original letter of credit with a copy to my attention. Please direct your correspondence to: Harris Trust and Savings Bank Attn: Letter of Credit Section 311 W. Monroe St. 13`h Floor Chicago, Illinois 60606 DFA asks that the aforementioned request be accepted and retained by the County until October 1999. Since , Gregor (Rando Chief Operating Officer Dairy Farmers of America-Mountain Area cc: Bernie Brownell, DFA Credit Manager 982366 Mountain Area Council 1140 South 3200 West(84104) • P.O.Box 26427 • Salt Lake City,UT 84126-0427 • Tel: 801-977-3000 FAX: 801-977-3090 MEMORANDUM To: Board of County Commissioners October 12, 1998 COLORADO From: Scott Ballstadt, Planner II Subject: Western Dairymen Cooperative Subdivision Request for Release of Collateral This request comes from Kris A. Pickett, representative for Western Dairymen Cooperative, Inc., for a 19 lot Planned Unit Development (W2 NE4 and E2 NW4 of Section 10, T2N, R68W of the 6th P.M., Weld County, Colorado) approved as Case Number 5-431 by the Board of County Commissioners in November of 1997. Weld County holds a $850,520.00 irrevocable letter of credit which was posted for utility, road (access), and landscaping improvements both on-site and off-site. Mr. Pickett has provided a replacement letter of credit in the amount of$150,136.95. This amount covers 15% of the road improvement costs and 100% of the landscaping plans and of the temporary access drive. Staff requests that it be accepted and retained by the County until October, 1999. At that time, at the request of the applicant, a reinspection will occur. If no repairs are required, the full 150/0 retention for the Road Improvements Agreement will be released. The County Attorney's Office and Public Works Department support this request for release of the original letter of credit in the amount of$850/520.00 and acceptance of warranty collateral by the Board. Staff recommends that the Board authorize same. wdc.sef SERVICE,TEAMWORK,INTEGRITY,QUALITY ‘Iti\(\frii MEMORANDUM TO: Sharyn Frazer, Code Enforcement Officer DATE: October 6, 1998 COFROM: Donald Carroll, Engineering Administrator . SUBJECT: S-431 Weste n Dai men r ry COLORADO Partial Release of Collateral The Engineer/applicant is requesting partial release of collateral. I visited the site on October 5, 1998, and verified the transportation portion. The following items now meet with my satisfaction: Four inches of Grade C asphalt Ten inches of Class 6 base course Adequate striping, curb, gutter, and sidewalk Handicap ramps with returns As per the Road Improvements Agreement, collateral may be released, less 15%. This portion may be held for a period of approximately one year. At that time, at the request of the applicant, a reinspection will occur. If no repairs are required, the full 15% retention will be released. cc: S-431 J Thf "`cL nh,/ Planning Dept. OCT 0 7 1998 PICKETI" ENGINEERING COMPANY 210 Bank One Plaza, 822 7th Street, Greeley Co 80631 September 29, 1998 Monica Daniels-Mika Weld County Planning Department 1400 N. 17th Avenue Greeley, Colorado 80631 Re: Western Dairymen Cooperative PEC #95-052 Dear Mrs. Daniels-Mika: This letter is a request for release of collateral for the Western Dairymen Cooperative Subdivision, located on the south side of State Highway 119, east of and abutting Weld County Road 7 1/2. According to Section 9, Release of Collateral, we are submitting with this letter the information necessary for you to do so. In reference to the agreement I offer the following information: Paragraph 1.9: The engineer, Pickett Engineering Company, has made regular on-site inspections during the course of construction and hereby states that the construction plans were utilized and are the same as those approved by Weld County, including the revisions that took place during construction. All substantial changes were reviewed and accepted by the county engineer prior to installation. Paragraph 9.2: Construction testing and sampling and inspections were performed by Terracon Consultants, Longmont, Colorado. These results are on file with the testing lab, the owner and Pickett Engineering Company. The few tests that failed were re-tested and passed. Paragraph 9.3: Included with this letter is one blueline set of the record drawings. I, Kris A. Pickett, hereby state that the project record drawings indicate substantial compliance with the plan specifications as approved by the county engineer that any mate:O184O169p 169p received approval by the county engineer prior to in � ...9!ST'., • U:4cT� a ▪ • • o-o t 277'2.18 Kris . Picke , P.E. ''o et 9 Colorado Registration No. 27400N AL s�o�" Pareaaaan Phone 970/356-6362 • Fax 970/356-6486 Paragraph 9.4: The statements of substantial compliance by the following utility companies are included with this request; Mountain View Fire Protection District, Left Hand Water District, and St. Vrain Sanitation District. Paragraph 9.7: The applicant is requesting partial release of the collateral. Please see the attached letter which describes the $150,136.95 new collateral that will be posted during the one year warranty period. This amount covers 15% of the roads improvement costs and 100% of the landscaping plans and of the temporary access drive. Paragraph 9.8: As stated in the previous paragraph, this is a request for the panial release of collateral. The road improvements which require 15% warranty collateral is being posted by a separate Letter of Credit. If you have any questions regarding this matter please contact me at Pickett Engineering Company. Sincerely, PICKETT ENGINEERING COMPANY is A. Pi ett, P.E. Principal Engineer KAP/jz cc: Marvin Dyer Greg Yando Craig Poarch, DeFalco-Poarch Pickett Engineering Company . Phone 970/356-6362 • Fax 970/356-6486 PICKETT ENGINEERING COMPANY 210 Bank One Plaza, 822 7th Street, Greeley Co 80631 RECEIVED September 29, 1998 OCT 0 2 1998 WELD COUNTY PUBLIC WORKS DEPT Don Carroll Weld County Public Works Department P.O. Box 758 Greeley, Colorado 80632 Re: Western Dairymen Cooperative Subdivision Request for Release of Collateral PEC #95-052 Dear Mr. Carroll: On behalf of Western Dairymen Cooperative, Inc. and DeFalco-Poarch Construction, we are requesting the release of collateral for the above referenced project. At this time we are requesting full release of collateral and will be posting a Letter of Credit for the 15% collateral of the warranty items. On the attached sheet I have calculated this to be 15% of actual road construction costs plus 100% of the landscaping, and 100% of the emergency access drive which will be constructed within the next couple of weeks. Please do a site inspection and send us approval and acceptance of the improvements as installed. If you have any questions please contact me. Sincerely, PICKETT ENGINEERING COMPANY ris A. Pickett, Principal Engineer KAP/jz Phone 970/356-6362 • Fax 970/356-6486 Western Dairymen Cooperative, Inc. Date 9/29/98 12450 Washington Street Project 95-052 Thornton, Colorado 80241 Request to Release Collateral ‘ SITEWORK Quantity Unit Unit Cost Total V General Conditions a Move In/Out 0 Lump Sum 53,500.00 $0.00 • Q Demolition 0 Lump Sum $5,000.00 50.00 Sub-Total: $0.00 • Earthwork ✓ Cut to Fill 0 C.Y. $1.25 $0.00 Finish Grade for C&G 0 L.F. $1.00 50.00 In Fine Grade Ponds 0 Each $2,000.00 $0.00 F Sub-Total: $0.00 o• Street Work Subgrade Prep 0 Sq. Yds. $1.00 $0.00 VWeedkill 0 Sq. Yds. $0.20 $0.00 use.- 4" Grade C Asphalt 14928 Sq. Yds. $5.00 $74,640.00 15% "—Ike- 10" else 6 Base Course 14928 Sq. Yds. $5.00 $74,640.00 15% Raise Manholes 0 Each $203.00 $0.00 Raise Valves 0 Each 6148.00 $0.00 ✓-i► striping 10665 LF $1.00 S10,665.00 15% Sub-Total: $159,945.00 Sanitary Sewer e"SDR 35 0 L.F. $17.00 $0.00 48"Manholes 0 Each $1,354.00 $0.00 Connect to Existing 0 Each $494.00 . $0.00 4" Laterals 0 Each $418.00. $0.00 Sub-Total: $0.00 Storm Drain 48" RCP CL 3 0 L.F. 863.00 $0.00 42" RCP CL 3 0 L.F. $54.00 $0.00 36" RCP CL 3 0 L.F. $45.00 $0.00 30" RCP CL 3 0 L.F. $35.00 $0.00 24" RCP CL 3 0 L.F. $30.00 30.00 18"RCP CL 5 0 L.F. $25.00 $0.00 Type "C"Inlet 0 Each $2,450.00 $0.00 24" CMP 0 LF 815.00 $0.00 24" CMP FES 0 Each $366.00 $0.00 Erosion Control Fence 0 L.F. $1.60 $0.00 Outlet Headwall 0 Each $1,285.00 $0.00 Detention Pond Outlet 0 S.F. $5.00 $0.00 Straw Bale Inlet Filter 0 Each $81.00 50.00 Sub-total $0.00 Water 6" DIP 0 L.F. $12.00 $0.00 6"Gate ValveNalve Box 0 Each $700.00 $0.00 10"xs-Tees 0 Each 3443.00 $0.00 10"Gate valve 0 Each $1,000.00 $0.00 16"gate valve 0 Each $2,500.00 $0.00 Fire Hydrant Assy 0 Each $2,379.00 $0.00 16"X10"Tapping tee 0 Each $3,000.00 $0.00 16"X16-Tapping tee 0 Each $5,000.00 $0.00 16" PVC 0 L.F. $25.00 $0.00 16" Fittings 0 Each $1,100.00 $0.00 10" PVC 0 LF $18.00 30.00 PICKETT ENGINEERING COMPANY 10"Fittings 0 Each 8750.00 $0.00 3/4" Copper Services 0 Each $506.00 $0.00 Hydrostatic Test 0 Each 81,030.00 $0.00 Sub-Total: $0.00 Concrete v --r Curb b Gutter 2162 L.F. $9.00 $19,458.00 15% Emergency access 478 Sq. Yds. $5.00 $2,390.00 Handicapped Ramps w/returns 3 Each $2,000.00 $6,000.00 15% Sub-total: 827,848.00 Miscellaneous 4' Conduits 0 L.F. 84.00 $0.00 6" Conduits 0 L.F. $6.00 $0.00 Street signs . 0 Sq. Yds. $2,000.00 $0.00 R.A V u In,y Landscaping&Irrigation 2 Acres $60,984.00 $121,968.00 100% ----- Sub-Total: $121,968.00 G RAI![t}TOTAL $150 13& 95, PICKETT ENGINEERING COMPANY eSt. (Rain cSanitation _ ist¢iet (cSafnt cSan) 'EJrrepont L .O.Box 908 (303)776-9570 436 Coffman St.Suitt 200 (303)774-23497" September 24, 1998 _Longmont,eo 80502-0908 RECEIVED SEP 2 8 1S Mr. Skip DeFalco DeFalco Poarch Construction P. O. Box 820 Longmont, Colorado 80502-0820 Re: Milky Way Business Park Dear Skip: Installation of sewer collection system for Milky Way Business Park was inspected and tested. This work is hereby accepted subject to warranty as of August 1, 1998. Very truly yours, ST. VRAIN SANITATION DISTRICT By /et L. D. Lawson,P.E. Manager LDL:mcj cc: Pickett Engineers,Greeley,CO Sep-23-98 10 : 20A Left Hand Water Dist. 303 530 5252 p . O2 • LEFT HAND WATER DISTRICT September 8, 1998 Western Dairymen Cooperative, Inc. Aft: Greg Yando 12450 N. Washington Street Thornton, CO 80241 Re: Subdivision Service Agreement - Western Dairymen Cooperative, Inc 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 September 9, 1998. Thank you. Sincerely, Left Hand Water District �tg?�i�LG��/LGl�77li yJ Connie Friedman Accounting Manager P.O. Box 210 •Niwot CO. 80544 • (303) 530-4200 • Fax (303) 530-5252 15-6601e,2� `'p°"rev MOUNTAIN VIEW FIRE PROTECTION DISTRICT Administrative Office: 9119 County Line Road • Longmont, CO 80501 8 (303) 772-0710 Metro (303) 666-4404 FAX (303) 651-7702 VIEW RECEIVED SEP-1 5 ea September 10, 1998 Mr. Kris Pickett P.E. Pickett Engineering Company 210 Bank One plaza 822 71b Street Greeley, CO 80631 RE: Western Dairymen Cooperative Subdivision Dear Mr. Pickett: The hydrant located on WCR 7' between Stagecoach Road North and Stagecoach Road South was tested today at 9:13 am. The following readings were taken: Static pressure: 120 pounds per square inch Flow pressure: 28 pounds per square inch with a 41 inch outlet flowing Pitot Reading: 23 pounds per square inch These readings result in an available fire flow of 2435 gallons per minute at 20 pounds per square inch. The Fire District will recognize this flow as meeting the required fire flow for this subdivision. I have included a copy of the calculations for your information. Sincerely, Charles E. ' Fire Prevention Specialist CC: LuAnn Penfold, Fire Marshal Monica Daniels-Mika, Weld County Department of Planning Services 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 P.O.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 60514 • Fr RUMS �.Oris Trust a-id Say ngs Bank AS,etter of Credit Section EA K, . Box 755 311 W. Monroe St., 13th Finer Chicago, II 60690-0755 Chicago, Illin,;is 60606 OUR IRREVOCABLE STANDBY LETTER OF DATE: JULY 8, 1998 CREDIT NUMBER SP-36245 PAGE: 1 APPLICANT: BENEFICIARY: DAIRY FARMERS OF AMERICA, INC. CLERK TO THE BOARD OF COUNTY 3253 E. CHESTNUT EXPWY. COMMISSIONERS, 915 10TH ST-PO BOX C SPRINGFIELD, MO 65802 GREELEY, CO. 80632 ATTN: MS. CAROL HARDING *********************** * AUTO RENEWAL NOTICE * *********************** GENTLEMEN: IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF OUR LETTER OF CREDIT NUMBER SPL36245, THE EXPIRY DATE HAS BEEN AUTOMATICALLY EXTENDED AS FOLLOWS: THE EXPIRY DATE IS CHANGED TO: JUNE 22, 1399. PLEASE ADJUST YOUR RECORDS ACCORDINGLY, IF YOU HAVE ANY QUESTIONS REGARDING THIS LETTER OF CREDIT, PLEASE CALL ( 312 ) 461-3890. HARRIS TRUST AND SAVINGS BANK PREPARED BY: MMT Hello