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HomeMy WebLinkAbout951449.tiffRESOLUTION RE: APPROVE RELEASE OF COLLATERAL AND RESEEDING AGREEMENT AND AUTHORIZE CHAIRMAN TO SIGN - B. L. VENTURES, INC./ADLER 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 June 21, 1995, the Board did approve a Second Amended Performance Guarantee Agreement with B. L. Ventures, Inc., do William Lamb, which amended and replaced the Amended Performance Guarantee Agreement dated September 19, 1990, which replaced the original Performance Guarantee Agreement dated June 27, 1990, all concerning property described as part of the SW% of Section 1, Township 5 North, Range 65 West of the 6th P.M., Weld County, Colorado, and WHEREAS, pursuant to said Amended Performance Guarantee Agreement dated September 19, 1990, a Certificate of Deposit No. 5104418 with Central Bank Greeley, 3690 West 10th Street, Greeley, Colorado 80634, in the amount of $5,300.00, was submitted to Weld County, and WHEREAS, pursuant to a letter dated September 29, 1992, from Lanell J. Swanson, Current Planner of Weld County Department of Planning Services, to B. L. Ventures, Inc., said collateral warranted a six percent increase, which amounted to an additional $50.72, and WHEREAS, on July 26, 1995, the Board was presented with a letter from B. L. Ventures, Inc., do William Lamb, requesting release of said collateral being held for Amended USR #899 and Amended Certificate of Designation, approved by Resolutions dated August 15, 1990, and WHEREAS, upon recommendation of the Department of Planning Services staff, the Board deems it advisable to release said collateral, and WHEREAS, the Board was also presented with a Reseeding Agreement from Ray and Ula Rae Adler, 23436 Highway 263, Greeley, Colorado 80631, who are the new owners of the subject property, and WHEREAS, a copy of said Reseeding Agreement is attached hereto and incorporated herein by this reference, and WHEREAS, after study and review and upon recommendation of Planning staff, the Board deems it advisable to approve said Reseeding Agreement. 951449 L'C : Pt; C4,"F/; OL ✓en wee"; hie PL0674 RE: RELEASE COLLATERAL AND APPROVE RESEEDING AGREEMENT B. L. VENTURES, INC./ADLER PAGE 2 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Certificate of Deposit No. 5104418 with Central Bank Greeley, 3690 West 10th Street, Greeley, Colorado 80634, in the amount of $5,300.00, and a Weld County Warrant for $50.72, be, and hereby is, 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 the above mentioned Reseeding Agreement with Ray and Ula Rae Adler be, and hereby is, approved and the Chairman be, and hereby is, authorized to sign same. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 26th day of July, A.D., 1995. ATTEST: Weld County Clerk to the Board BY. e Board APPROVED AS TO FORM: BOARD OF COUNTY COMMISSIONERS W€L�D COUNTY, CQLORADO Dale . Hall, Chairman /tit l./ JA arbara J. Kirkmeyer, ro-Tem FxCIISFn George E. Baxter FXCI JSFn Constance L. Harbert W. HP (1/(12b11127 . Webster 951449 PL0674 June 23,1995 To Whom it may concern: The new property owners named below, of 23436 HWY 263, Greeley, CO 80631, hereby agree to reseed necessary areas with the recommendation from the soil conservation service within a reasonable amount of time due to leveling and weather conditions and will enter into an agreement with the Board of County Commissioners within 15 days from June 21,1995 to do so. We should have land ready by October 31,1995 if that is agreeable with the Commissioners. We will also apply for necessary permits for mobile home within 30 days from June 21,1995. Regards, Ray Adler Ula Rae Adler was} ssioners 07k 4 /q5 NTY CLERK TO THE BOARD %U ((Al/c )(}1d1t DEPUTY CLERfil TO THE BOARD WELD COUNTY PLANNING p 'JUL 71995 D n Ef lIVE 4(ias MEMORANDUM hiDe TO: Board of County Commissioners July 21, 1995 COLORADO From: Shani L. Eastin, Current Planner SUBJECT: Release of Collateral for BL Ventures and Reseeding Agreement with Ray and Ula Rae Adler The Department of Planning Services request that the Board of County Commissioners approve the following request: Reseeding agreement with Ray and Ula Rae Adler to reseed property located in part of the SW4 of Section 1, T4N, R65W of the 6th P.M., Weld County, Colorado, formerly USR-899 (BL Ventures Truck Wash Out). The applicants have stated that they will reseed the property prior to October 31, 1995, in accordance with the recommendation from the Soil Conservation Service. Release of Collateral for William L. Lamb in the amount of $5,300 plus interest, for the Certificate of Designation and a check for $50.72 plus interest, for price increase. to No 951449 B.L. Ventures, The. William L Lamb, President 4101 W. Service Road • Eva Colorado 80620 970-339-5129.970.339.5129 Fax July 20, 1995 Shani Eastin Department Of Planning Services Weld County Administrative Offices 1400 North 17th Avenue Greeley, Colorado 80631 Subject: Release of collateral Dear Ms. Eastin: I would like the collateral, which includes $5300.00 Certificate of Deposit, $400.00 check to be released. The CD and check were to be kept as collateral for the USR-899, since USR-899 has been vacated I feel that these items should be released. JUL 19 '95 18:23 PAGE .001 lIP!ID Central Bank Greeley 3690 West 10th Street Greeley, CO 80634 (303) 352-5800 October 16, 1990 Board of County Commissioners, Weld County c/o Clerk to the Board P. 0. Box 758 Greeley, CO 80632 To Whom it May Concern: Le, i q t /re)Alta( "4 8°t.t . z t Pursuant to the Amended Performance Guaranty Agreement by and between BL Ventures, Inc. and the County of Weld enclosed please find Certificate of Deposit No. 5104418 in the amount of $5,300.00 payable to the Board of County Commissioners, Weld County as the required Guaranty Collateral. Should there be any problems or questions regarding this certificate of deposit in compliance with the terms of the Amended Performance Guaranty A_reement please contact me to make the necessary revisions, otherwise s assumed all requirements have been met. y, David E. Dilley Assistant Vice President DED:dlk cc: William Lamb, BL Ventures, Inc. Central Bank Greeley Hereinafter referred to as Bank Certificate of Deposit Agreement and Rec Not Transferable Today's Date 10/16/90 (As Defined By Fed al Reg. 2 This certifies that there has been deposited in this Bank t e mou t of Fiyt Payable To Board of County Commissioner , el , my POD Payee (If Applicable) j Address c/o Clerk to the Boar}-{ P. 0, 6 7 : Greeley. CO 80632 NO.5104418 ❑ Automatic -Renewable 41 Single Vaturity and Three hundred and no centlkMars Phone 356-4000 SOC. SEC. OR TAX I.D. NOME PRIMARY OWN R 84-6000813 /ry ANNUAL ER TE 7.0% INTEREST PAYABLE quarterly DATE OF ISSUE 10/16/90 MATURITY DATE 10/1/91 AMOUNT DEPOSITED $5,300.00 Term !l:L v s Opened By dlk Offi er Interest Di motion: Che g# Savings# Mail Interest Check Reinvest DED JTWROS POD om ik Official's Signature CASHIER'S CHECK REMITTER Colorado National Bank MiP5{Mi POO IA+MINT Wf'N 6 moil 6 i OF 114,7, .1f M 11 :1, a) u) a 3 O C C y a) u CC >, r_ O (,0 G I O ca01 O O) v L.O O C G 6<" s z LI v Hereinafter referred to as Bank Greeley, CO 80632 co In O to the Board, P. 0, AMOUNT DEPOSITED MATURITY DATE DATE OF ISSUE SOC. SEC. OR TAX I.D. NO. OF PRIMARY OWNER O O co O M b be .a Cr, 0 v --I O rn 0 0 84-6000813 O 0 a fn 0 cc CD a> C O a 0 g N N C > C > C co cc N I C Y 'O O U N Q 'o L en o U en O. w p A N OI N C 'y E a — N N_'- (.... •A.a4) o C-0 CERTIFICATE OF DEPOSIT SIGNATURE OF OWNER(S) PRIMARY OWNER SECONDARY OWNER CERTIFICATION: Under penalties of perjury, I certify that: (1) The number shown on this form is my correct Taxpayer Identification Number (or I am waiting for a number to be issued to met, arid (2)1 am not subject to backup withholding either because I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or the IRS has notified me that I am no longer subject to backup with- holding. 1. For all purposes, Including payment of this Certificate, payment of interest hereon, and any notice, this Bank may treat as the absolute owner hereof any payee named on the reverse side. If more than one payee is named, the Bank may treat either or any of said payees or the survivor or survivors as the absolute owner, and each such payee shall be the agent of each other payee for ail the foregoing purposes. In mailing interest checks and any notice, this Bank may rely upon the address as shown on the records of this Bank. 2. Payment or withdrawal of principal andlor interest can only be made with presentation of proper identification and is subject to the Bank's right to impose penalties upon the customers withdrawal of such funds. Upon receipt of written notice by the Bank, from any party authorized to re- quest payment, that withdrawals should not be permitted, then the account shall forthwith be closed and all money placed in a cashier's check payable 10 the parties. 3. NOT TRANSFERABLE — The account is nontransferable as that term is defined by Federal Regulation (12CFR part 204) The Federal Regulation provides that although an account is not transferable, it may be pledged as collateral for a loan and transfer may be made due to circumstances arising from death, incompetency, marriage, divorce, or transfer may be made on the books of the Bank. Arrangements for such transfers should be made with the Bank. 4. POD ACCOUNT (Terms applicable only if designated as POD account on reverse side). This is a Payable on Death account (Multiple.party account authorized by Colorado Probate Code.) This account is payable to payee(s) during Ille time, and on death of all parties is payable to the POD payeels). 5. AUTOMATICALLY RENEWABLE (Terms applicable only it designated as automatically renewable on reverse side I On each maturity dale, this Certificate will automatically be renewed for • period equal to the original term at the interest late then in effect The Certificate shall be automatically renewed on tech maturity date ill until it Is presented for payment on a maturity date (Of within ten calendar days thereafter). or (2) unless the Bank receives prior written notice of intention to request payment on a maturity dab. or 13) unless the Bank elects to call this Certificate for payment on a maturity date and give not less than thirty days written notice thereof by mail prior to such maturity date. 6. SINGLE MATURITY (If designated as single maturity following provision epodes.) No Interest will be paid after this Certificate has matured in accordance with the terms of this Certificate. 7. PENALTY Payment or withdrawal of all or part of the funds in this account may not be made prior to maturity except with the cent of the Bank. Such consent may be given Only at the time such request for withdrawal or payment is made. If the Bank gives consent, the following penalty will be assessed on the amount withdrawn. II the time deposit has an original maturity of less than six months, the depositor shall tor- ten an amount eoual to one month of interest earned, or that could have been earned at the nominal (simple interest) rate being paid on the de, posit If the time deposit has an original maturity of sir to eieven months, the deoovmr shall forfeit an amount equal 10 three months of interest earned, or that could have been earned at the nominal ls.mo'e interest) rate being paid on the deoowL It the time deposit has an original ma- turity of twelve to twenty'nine months tithe depositor yna.i forted an amount equal to six months of interest earned, or that could have been earned at the nominal (simple era te te hang paid on the deposit. ti II the me deport has an onginaima turity urity of thirty months or greater, the depositor shall forfeit an amount equal to nine months of interest rearned .e that could have been earned at the nominal (simpinterest) ate being paid on the deposit In the event that the penalty exceeds the accrued interest on the amount withdrawn. Mee difference shall be deducted trem the amount withdrawn. B. Interest payable hereunder is subject to change by the Bank as may be necessary to comply with requirements of the Federal Reserve Board and applicable laws of the State of Colorado. Terms of Certificate are subject to Bank rules and applicable government regulations. faqam COLORADO mtmoRAnDuni B.L. Ventures File October 11, 1991 To Date Lanell J. Swanson, Current Plan From Performance Guarantee Agreement with B.L. Ventures Subject On September 21, 1990, Lee Morrison sent a memo to Chuck Cunliffe regarding a review of the adequacy of the collateral on this project. Review was to be on October 1 of every year. Because the McGraw Hill State Highway Price Index for Colorado 3rd quarter percentage changes (from the previous year) will not be available until January 1, Lee has suggested that we change our review date to January 1 of each year and use the 3rd quarter price increases to determine adequacy of collateral. pc: Lee Morrison Crew Scheltinga lerk to the Board CEN7.RAL 'BANK CF GREELLY 3690 WEST 10TH STREET P. O. MIX 1408 GREG=Li Y, CU 30.:.#34 (303) 352-,500 CERTIFICATE Of_ ►.EPOS T ACCOUNT _ 51-6441 30ARL LF COUNTY t3 G X 758 vRLELEY CO 80632 CENTRAL BANK OF GREELEY 3690 WEST 10TH STREET P. 0. BOX 1408 GREELEY, CO 80634 (303) 352-5800 CERTIf-ICAT -"4; DEPOSIT ACCCUNT STATUS REPL - DR0006 x,.393.51 PRINCIPAL AMOUNT 10/16/90 ISSUE )ATE 93.51 INTEREST PAYMENT GENERATED 01/16/91 INTEREST DATE 7.00000 INTEREST RATE 93.51 YTD INTEREST 93.51 TOTAL INTEREST EARNED .349 E AY ' TL RM 609/30/91 ATURTTY DATE COMMISSIONS WELD CCUNQ E PAYMENT OPTION CERTIFICATE OF DEPOSIT ACCOUNT 5104418 BOARD OF COUNTY BOX 758 GREELEY CO 80632 CENTRAL BANK OF GREELEY 3690 WEST 10TH STREET P. O. BOX 1408 GREELEY, CO 80634 (303) 352-5800 .00 ANT WITHHELD YTD CERTIFICATE OF DEPOSIT ACCOUNT STATUS REPORT - DR0006 5,486.60 10/16/90 93.09 04/16/91 7.00000 186.60 186.60 349 DAYS 09/30/91 COMMISSIONS WELD COUNQUARTERLY CERTIFICATE OF DEPOSIT ACC9gMT 5104418 BOARD OF COUNTY BOX 758 GREELEY CO 80632 PRINCIPAL AMOUNT ISSUE DATE INTEREST PAYMENT GENERATED INTEREST DATE INTEREST RATE YTD INTEREST TOTAL INTEREST EARNED TERM MATURITY DATE PAYMENT OPTION .00 AMT WITHHELD YTD CERTIFICATE OF DEPOSIT ACCOUNT STATUS REPORT - DR0006 5,582.35 PRINCIPAL AMOUNT 10/16/90 ISSUE DATE 95.75 INTEREST PAYMENT GENERATED 07/16/91 INTEREST DATE 7.00000 INTEREST RATE 282.35 YTD INTEREST 282.35 TOTAL INTEREST EARNED 349 DAYS TERM 09/30/91 MATURITY DATE COMMISSIONS WELD COUNQUARTERLY PAYMENT OPTION .00 AMT WITHHELD YTD L. •:.r: P. (2:3.0 { 1\ •0 • � 1 ��,l.:P5J i i'. �i,�:Yl • • _.axFicACa:_.._ Li 1 + .. )i-i114 J.J 1 r 550..._ c iris .t.J5s-. i.,_(✓ �iT — JA UA If 1i..:iiC: TAI h1L— MATO : .Iii •)'/ )✓/ •... TA _ 4 i i t _. _ T . t .._'_ �tM �Yv ►Qi i iti.3t) : - J''i •- - A CENTRAL SANK ,fir ✓�..`.t _v 3090 iti S` 1 LI T J i r. _ _. P. O. .i U ? :AQ 4- t p C --J.) r (303) CURT:. ICYi AL OUNi J I.el itu ..?i, 1,. JJ:DIY CCMMISSIJN..i ...s t;0332 C tiTY; iC, T C! DEPOSIT ACCJU,YT S s ATus A PORT — DR0003 1U/ 16/9G x1.37 7.U3000 -3.72 SJ3.71: s49 DAYS 0.3/30/92 4_L) LDUNQUARTLRLY PRINCIPAL Ai•iJi3Ni ISSUE ::ATE INTEREST PAYMcNT i.NTERLST DATE INTEREST :c4Tc YTJ 1Ai_RS i TOTAL IjNTiLaisT LA: N_J TLi(M MATURITY :)AT 'AYM.`)T OP i Y3:V .00 ART wl rhrLL_ 3 I T. n CENTRAL BANK, GREELEY OFFICE 3690 WEST 10TH ST GREELEY, CO 80634 BOARD OF COUNTY COMMISSIONS WELD COUNTY BOX 758 GREELEY CO 80632 RE: SAVINGS CERTIFICATE NO. 000000005104418, MATURING 9/13/92, AT sc,9G2. R2 DEAR CERTIFICATE CUSTOMER, THANK YOU FOR INVESTING IN A CENTRAL BANKS CERTIFICATE OF DEPOSIT. YOUR CERTIFICATE IS DUE TO RENEW SHORTLY. UPON RENEWAL, YOU WILL AGAIN ENJOY THE BENEFITS OF EARNING A COMPETITIVE INTEREST RATE AND PREDICTABLE RETURN. PLEASE BE AWARE THAT CENTRAL BANKS HAS MADE CHANGES TO SEVERAL CERTIFICATE FEATURES AND POLICIES. THE FOLLOWING PROVISIONS WILL APPLY TO YOUR CERTIFICATE AS IT RENEWS: . YOUR CERTIFICATE WILL AUTOMATICALLY RENEW INTO A 11 MONTH TERM AND WILL EARN THE 11 MONTH INTEREST RATE IN EFFECT ON THE MATURITY DATE. . INTEREST WILL BE CALCULATED BASED ON THE SIMPLE INTEREST METHOD. INTEREST WILL COMPOUND ANNUALLY. FOR TERMS LESS THAN ONE YEAR, INTEREST WILL COMPOUND AT MATURITY. . THE PENALTY FOR EARLY WITHDRAWAL FROM YOUR CERTIFICATE WILL BE 3 MONTHS SIMPLE INTEREST. IF YOU WISH TO RENEW YOUR CERTIFICATE, YOU DO NOT NEED TO TAKE ANY ACTION; CENTRAL BANKS WILL RENEW YOUR CERTIFICATE FOR YOU. HOWEVER, IF YOU WISH TO REDEEM YOUR CERTIFICATE OR SELECT A DIFFERENT TERM, YOU MUST DO SO WITHIN TEN CALENDAR DAYS AFTER ITS MATURITY DATE. IF WE DO NOT HEAR FROM YOU, WE WILL AUTOMATICALLY RENEW YOUR CERTIFICATE ACCORDING TO THE TERMS STATED ABOVE. FOR RATE INFORMATION ON YOUR RENEWING CERTIFICATE, PLEASE CALL CUSTOMER SERVICE AT 1-800-688-5050 OR CONTACT YOUR BANK. YOU WILL NOT RECEIVE ANOTHER NOTICE ON YOUR CERTIFICATE UNTIL ITS NEXT MATURITY. gieft lURe. COLORADO September 29, 1992 B. L. Ventures, Inc. P. O. Box 2233 Greeley, CO 80632 DEPARTMENT OF PLANNING SERVICES PHONE (303) 356-4000, EXT. 4400 915 10th STREET GREELEY, COLORADO 80831 Subject: Performance Guarantee Agreement - Amended USR-899 Dear Mr. Lamb: As required by the amended performance guarantee agreement approved by the Board of County Commissioners on September 19, 1990, the staff has reviewed the collateral you submitted and has determined that a 6% increase is warranted. Section 9.0 of the performance guarantee agreement states that the interest in the account shall be accumulated and may be credited against increases in the price index so long as the total accumulated interest in the fund meets or exceeds the increase in the price index. The agreement also provides that the applicant shall, on October 1, of each succeeding year, tender additional performance guarantees to account for any increase in the price index. Our calculations show that an additional $50.72 is due based upon the 6% increase. Please arrange with your bank to either increase the certificate of deposit by that amount or arrange another financial guarantee with the Clerk to the Board of County Commissioners. If you are able to increase your certificate by the required amount, we will need documentation from the bank regarding the new balance. Please let me know if you have any questions. Sincerely, Lanell J. -Swanson Current Planner pc: i erk to the Board of County Commissioners Lee Morrison, Assistant County Attorney Drew Scheltinga, County Engineer BILL'S WASH OUT LTD. 4101 W. SERVICE RD. PH. 303-339-5129 EVANS, CO 80620 PAY T -,1-A1 la �s2b-r erg±f-k-kne rf4._ g3g� CHECK NO DATE TO THE ORDER OF 'LOo DOLLARSr MEM CENTRAL BANK GREELEY GREELEY, CO 80634 Y1 I:L0700397LI: OOL40291i0 L 234 -p__519c et qv 1234 82-397/1070 $ so 7a CENTRAL BANK/BANK WESTERN N.A. 1515 ARAPAHO STREET DENVER, CO 80202 BOARD OF COUNTY COMMISSIONS WELD COUNTY BOX 758 GREELEY CO 80632 Re: Savings Certificate No.: 3 255 5104 4184 Your account will mature on: 8/13/93 Balance at maturity: $6,124.26 7 Dear Certificate Customer: Thank you for investing with us. Your certificate of deposit is due to mature shortly. Your account will automatically renew at maturity. Please be aware that we have made changes to several certificate features and policies. The following new provisions will apply to your certificate as it renews: Your certificate will renew into a 11 month term and will earn the 11 month interest rate in effect on the maturity date. If your account was a variable rate certificate, it will automatically renew into a fixed rate certificate. Interest will be calculated based on the simple interest method. Interest will be compounded annually on terms one year and longer. For terms less than one year, interest will be compounded at maturity. Additional deposits to this account will only he allowed at maturity. We will impose a penalty if you withdraw any of the deposited funds before the maturity date. The penalty will equal 3 months interest. If you wish to renew your certificate, under the terms enclosed, you do not need to take any action, your certificate will automatically renew and the new maturity date will be 7/13/94. However, if you wish to redeem your certificate or select another term, you have a grace period of 10 calendar days from the maturity date to withdraw your funds without penalty. The interest rate and annual percentage yield for your certificate's next term have not yet been determined. They will be available on your certificate's maturity date. To learn the interest rate and annual percentage yield on your renewing certificate, please call FastLine 24 -Hour Banking at (303) 585-8585 in the Denver metro area, or toll free at 1-800-888-8624 if outside the Denver metro area. Telecommunications Device for the Deaf (TTY) 1-800-685-5065. Hello