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Home My WebLink About961753.tiff RESOLUTION RE: APPROVE CANCELLATION AND RELEASE OF COLLATERAL AND ACCEPT REPLACEMENT COLLATERAL -SCOTCH PINES ESTATES MINOR SUBDIVISION, C/O WILLIAM H. JERKE 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 February 6, 1995, the Board did approve a Site Specific Development Plan and Minor Subdivision Final Plat in the E (Estate) Zone District for William H. and Charles W. Jerke, 23003 Weld County Road 39, LaSalle, Colorado 80645, concerning property described as Part of the SE1/4 NE1/4 of Section 32, Township 5 North, Range 65 West of the 6th P.M., Weld County, Colorado, and WHEREAS, pursuant to Condition of Approval #3 of said Resolution and by Resolution dated April 19, 1995, the Board did approve an Improvements Agreement According to Policy Regarding Collateral for Improvements (Private Road Maintenance) and accept collateral in the form of Irrevocable Standby Letter of Credit No. S800599 with the Norwest Bank Colorado, NA, Letter of Credit Department, 1740 Broadway, One Norwest Center, Denver, Colorado 80274- 8685, in the amount of$47,206.00, and WHEREAS, on September 10, 1996, Don Carroll, Project Coordinator for the Weld County Public Works Department, conducted a visual inspection and recommends release of said collateral, withholding $1,000.00 from the street grading item until all items have been completed or adequately addressed, and WHEREAS, upon recommendation of the Department of Planning Services and the Weld County Public Works Department, the Board deems it advisable to release said letter of credit and accept replacement collateral in the form of Personal Check No. 6690 from Jerke Bros., William H. Jerke, Charles W. Jerke, 23003 Weld County Road 39, LaSalle, Colorado 80645-4202, in the amount of$1,000.00. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that Irrevocable Standby Letter of Credit No. S800599 with the Norwest Bank Colorado, NA, Letter of Credit Department, 1740 Broadway, One Norwest Center, Denver, Colorado 80274-8685, in the amount of$47,206.00, 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 letter of credit held as collateral to the appropriate issuing party. BE IT FURTHER RESOLVED by the Board that the replacement collateral in the form of Personal Check No. 6690 from Jerke Bros., William H. Jerke, Charles W. Jerke, 23003 Weld County Road 39, LaSalle, Colorado 80645-4202, in the amount of$1,000.00, be, and hereby is, accepted. 961753 r2 46d'I PL0956 PARTIAL RELEASE OF COLLATERAL - SCOTCH PINES ESTATES, C/O JERKE PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 30th day of September, A.D., 1996. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, C/OLORf}DO �� per, Barbar J. Kirkmeyer, airman U W . •. =rktatoard 7 4, ,. �101',V � ti} ��J�v� 01 ' / - E. Baxter, Pro- em CEA= s,ri ryj r r' i'` Board _ J o Dale K. Hall APP D AS ORM: €0_,z%T�,. o _6��sA.ci1„- Constance L. Harbert/ / J tc�i t A ney ki ( A isR W. H. Webster 961753 PL0956 A Mal NMI NORIVEST BANKS IIIII IIwsa ,._ CI El NORWEST BANK COLORADO, NA 4q0 LETTER OF CREDIT DEPARTMENT 9 �G ¢ 6 1740 BROADWAY ,gyp, 19 00 j SSp�' DENVERONE RWCOT802N4E8685 $�4`t�R $Si�, _ jS G�tiyP TELEX NUMBER 168118 NBI DVR 1 '- 1 _J • � 6' __ SWIFT ADDRESS : NWNBUS55 ti1� ' / e1 \\ - cc-0 —_ FAX: ( 303) 863-4898 ' o / f` lllff�M��M'`"'''ad IRREVOCABLE STANDBY LETTER OF CREDIT ag1�1 % ` ' ' OUR REFERENCE NUMBER: S800599 \`~ ' • �v\\ ` • ' ,ada45 , MAY 23, 1995 ( /'� / (l\\ 3 BENEFICIARY: , BOARD OF COMMISSIONERS OF 0 '1-�� IT WELD COUNTY 915 10TH STREET s GREELEY, CO 80631 igt GENTLEMEN: AT THE REQUEST OF: JERKE BROS. 23003 WELD COUNTY ROAD 39 LASALLE, CO 80645 AND FOR THE ACCOUNT OF: SAME WE HEREBY ISSUE OUR IRREVOCABLE STANDBY LETTER OF CREDIT NUMBER S800599 WHICH IS AVAILABLE BY PAYMENT AGAINST BENEFICIARY'S DRAFT(S) AT SIGHT, DRAWN ON NORWEST BANK COLORADO, NATIONAL ASSOCIATION. THIS CREDIT IS FOR AN AGGREGATE AMOUNT NOT TO EXCEED A TOTAL OF U. S. DOLLAR 47 ,206 . 00 ( FORTY SEVEN THOUSAND TWO HUNDRED SIX AND 00/100 U. S . DOLLARS) . DRAFTS SUBMITTED MUST BE ACCOMPANIED BY THE FOLLOWING DOCUMENTS : 1 . THIS LETTER OF CREDIT. 2 . A STATEMENT PURPORTEDLY SIGNED AN OFFICIAL OF THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO STATING THAT: ***CONTINUED ON NEXT PAGE *** 99-50 997(Rev.4192) A Mall' NORWEST BANKS II," OUR REF. NO. S800599 PAGE 2 "THE UNDERSIGNED, AN AUTHORIZED SIGNER, HEREBY CERTIFIES THAT WILLIAM AND CHARLES JERKE HAVE COMMITTED A MATERIAL BREACH OF THE IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS REGARDING SCOTCH PINES SUBDIVISION DATED THE 19TH DAY OF APRIL, 1995 BY AND BETWEEN WILLIAM AND CHARLES JERKE AND THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD. " SPECIAL CONDITIONS: THIS LETTER OF CREDIT IS AUTOMATICALLY EXTENDED, WITHOUT AMENDMENT, FOR ADDITIONAL ONE YEAR PERIODS FROM THE CURRENT EXPIRATION DATE UNLESS 60 DAYS PRIOR TO SUCH CURRENT EXPIRATION DATE NORWEST BANK NOTIFIES BENEFICIARY IN WRITING THAT THE LETTER OF CREDIT WILL NOT BE RENEWED. IN THE EVENT YOU RECEIVE SUCH NOTIFICATION, YOU MAY DRAW BY PRESENTATION OF THE FOLLOWING: A. A DRAFT AT SIGHT DRAWN ON NORWEST BANK, AND B. STATEMENT PURPORTEDLY SIGNED BY AN OFFICIAL OF THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO STATING THAT "WE HAVE RECEIVED NOTICE FROM NORWEST BANK THAT LETTER OF CREDIT NO. S800599 WILL NOT BE RENEWED AND THAT WILLIAM AND CHARLES JERKE HAVE FAILED TO PROVIDE PROOF OF ADEQUATE COLLATERAL AND SUBSTITUTION OF THIS LETTER OF CREDIT NO. S800599 . " C. COPY OF LETTER FROM NORWEST BANK STATING NON-RENEWAL OF LETTER OF CREDIT NO. S800599 AND THE ORIGINAL LETTER OF CREDIT. EXPIRES AT OUR COUNTERS AT 3 : 00 PM DENVER TIME ON MAY 01, 1996 . ALL DRAFTS MUST BE MARKED: DRAWN UNDER NORWEST BANK COLORADO, NATIONAL ASSOCIATION, IRREVOCABLE STANDBY LETTER OF CREDIT NUMBER S800599 DATED MAY 23, 1995 . CANCELLATION OF L/C PRIOR TO EXPIRATION THIS LETTER OF CREDIT (AND AMENDMENTS) MUST BE RETURNED TO US FOR CANCELLATION WITH A STATEMENT PURPORTEDLY SIGNED BY THE BENEFICIARY STATING THAT: "THIS LETTER OF CREDIT IS NO LONGER REQUIRED BY US AND IS ***CONTINUED ON NEXT PAGE *** 99-50 997(Rev.4/92) A II►II EMI NORWEST BANKS MIX MIME OUR REF. NO. S800599 PAGE 3 HEREWITH RETURNED TO THE ISSUING BANK FOR CANCELLATION. " WE HEREBY AGREE TO HONOR EACH DRAFT DRAWN AND IN COMPLIANCE WITH THE TERMS OF THIS CREDIT IF DULY PRESENTED (TOGETHER WITH THE DOCUMENTS AS SPECIFIED) TO NORWEST BANK COLORADO, NA, 1740 BROADWAY, ATTN: LETTER OF CREDIT DEPARTMENT, DENVER, CO 80234-8685 ON OR BEFORE THE EXPIRY DATE. THIS CREDIT IS ISSUED SUBJECT TO THE UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDITS ( 1993 REVISION) , INTERNATIONAL CHAMBER OF COMMERCE PUBLICATION NO. 500 . NORWEST BANK COLORADO, NATIONAL ASSOCIATION BY: (A THORIZED SIGNATURE) 99-50-997(Rev.4/92) JERKE BROS of-81 II 4 WILLIAM H JERKE 6690 CHARLES W JERKE �1c 9/ i 23003 WELD COUNTY RD 39 284-6061 19<v !!I LASALLE, CO/ 80645-4202 !/,7 23-7/1020 p: Nay To //,et/ A The Order Of VV t�/l III 4. $�Oov,oa 11 o�I NORWEST BANK COLORADO, N.A. Dollars BB 'fi� da i q LASALLE 4 207 FIRST AVENUE LASALLE, COLORADO 80645 1 3 NORWEST TEELrLEBANjJK(970) 2845536�/ For ri_e ; &si h_�1lAV '\ / 'li : 102000076,: / WY "" 44204587i60 6690 ‘04:1, MEMORANDUM-n . 'ilk �� g t}� TO: Board of County Commissioners Septemb�P�O, 1996 EPACOLORADO FROM: Gloria Dunn, Current Planner A TO ‘_ SUBJECT: AM S-363, Scotch Pines Estates--Request for release of collateral Mr. William H. Jerke is requesting a release of collateral for improvements completed in Scotch Pines Estates, a six lot minor subdivision located in part of the SE4 NE4 of Section 32, T5N, R65W, Weld County, Colorado. The form and amount of collateral being held by Weld County is a letter of credit for$47,206.00. All improvements have been completed within the subdivision. As the street improvements were completed more than one year ago, Mr. Jerke is requesting that Weld County not retain ten (10) per cent warranty collateral as required in Section 9.8 of the Improvements Agreement but, instead, release the entire collateral amount at this time. The Public Works Department has reinspected the site and is recommending that $1,000.00 be withheld until several items have been resolved (see memo dated September 20, 1996). Mr. Jerke is willing to post the $1,000.00 requested, upon release of the letter of credit. Staff requests that the Board authorize release of the $47,206.00 letter of credit and accept Mr. Jerke's replacement collateral of 1,000.00 cash to be held by Weld County until such time that all road work is completed. SERVICE,TEAMWORK,INTEGRITY,QUALITY 961753 Intermill Land Surveying -Registered in Colorado& Wyoming- 1301 N. Cleveland Ave. it Loveland, Colorado 80537 — ' (970) 669-0516 Fax (970) 635-9775 P-93-2115 July 01, 1996 Weld County Planning Department 1400 N. 17th Avenue Greeley, CO. 80631 re: Request for Release of Collateral for Scotch Pine Estates Minor Subdivision (Developer - Bill Jerke) situate in the SE 1/4 of the NE 1/4, Section 32-5-65. To Whom It May Concern; This letter represents a formal request to release collateral for the entire project known as "Scotch Pine Estates Minor Subdivision". Please find enclosed, supporting documentation as required by the County for the release of collateral. It was found that this project was constructed in substantial compliance with approved plans and specifications as submitted to the Weld County Planning Department. I would like to remind you that the interior road as constructed for this minor subdivision shall be owned and maintained by the Homeowners Association. If you should have any questions or concerns, please feel free to contact me at (970) 669-0516. Thank you for your time and attention to this matter. Sincerely, Intermill Land Surveying, Inc. C Steve Stencel Project Manager FOUNDATION I Consulting ENGINEERING Engineers, Ltd. June 10, 1996 Commission No. : 1116-49-01-04 Intermill Land Surveying 1301 North Cleveland Avenue Loveland, Colorado 80537 RE: Scotch Pines Estates, Weld County, Colorado Gentlemen: We have visually inspected the above referenced subdivision. Based upon our observations, it is our opinion that the project "as built" is in substantial compliance with the plans and specifications . If you have any questions, please feel free to call . Resp ctfully, Kevin W. Patterson, ,t.P E 2—, 4 {� FOUNDATION ENGINEERING, CONSULNG ENGINEERS, LTD. KWP/j le i`• .V7R t .S s � 100 East 3rd Street • Loveland, Colorado 80537 • (970) 663-0138 • Fax (970) 663-1660 515 Main Street, Suite C • Longmont, Colorado 80501 • (303) 702-0661 ,Ca Salle lire Protection District PHONE 970-284-6336 • FAX 970-284-6042 September 2, 1996 Mr. Steve Stencel 1301 N. Cleveland Avenue Loveland, CO. 80537 Mr. Stencel, This letter is in reference to the Scotch Pines Estates Minor Subdivision and more specifically my letter dated June 17, 1996. My letter requested that the roadway be widened in the area of the fire hydrant in order for our fire trucks to be able to hook to the hydrant. This letter is to inform you that the widening of the roadway has been completed in the area of the fire hydrant. If you have any further questions please don't hesitate to contact me. Sincer , Ron Bishop, Fire Chief 118 MAIN STREET P.O. BOX 414 LA SALLE, COLORADO 80645 aWre CENTRAL WELD COUNTY WATER DISTRICT July 1, 1996 Weld County Dept. Of Planning 1400 N. 17th Avenue Greeley, CO 80631 RE: Bill Jerke/Scotch Pines Subdivision To Whom It May Concern: The water main and appurtenances have been completed for the Scotch Pines Subdivision. Bill Jerke provided for the payment of same. The water distribution system is presently in use and has been accepted by the District. If you need more information of if I can be of further assistance, please contact Sincerely, CENTRAL WELD COUNTY WATER DISTRICT o W. Za General Manager JWZ/ca cc: Bill Jerke 2235 2nd Avenue • Greeley, Colorado 80631 • (970) 352-1284 • John W. Zadel, General Manager GREELEY GAS COMPANY June 27, 1996 Weld County Planning 1400 N 17th Avenue Greeley, CO 80631 Subject: Notification that the Greeley Gas Company has installed a natural gas math extenson to the Scotch Pines Subdivision in LaSalle. County Planners: A signed main extension contract and a deposit of$3,074.00 from the Jerke brothers allowed the Greeley Gas Company to provide natural gas to the six lots of the Scotch Pine Subdivision on January 15, 1996. 0 Each of the parties agree that the main extension shall belong to Greeley Gas as the sole and absolute owner thereof, and the expense of maintenance and operation shall be borne by Greeley Gas. (V t The main is available for each of the residential customers to connect with a service line. One residence has been built and served with natural gas. 0 0 0 Q If you have any questions, please telephone Chris Sarchet at 304-2080 at w the Greeley Gas Company. cc Thank ou, o - , hris Sarchet L. Marketing Specialist 0 0 0 U 0 U Poudre POUDRE VALLEY RURAL Valley REA ELECTRIC ASSOCIATION , INC . 4809 SOUTH COLLEGE AVE • P.O. BOX 272550 FORT COLLINS • 226-1234 FORT COLLINS, COLORADO 80527-2550 FAX NO. • (303) 226-2123 June 27, 1996 W.O. #28043 Weld County Planning Dept. 1400 N 17th Ave. Greeley, CO 80631 RE: SCOTCH PINES ESTATES, T 5N, R 65W, SECTION 32 TO WHOM IT MAY CONCERN: This letter is to inform you that Poudre Valley REA has completed the installation of the underground electrical facilities for the above referenced subdivision. We are currently serving and will maintain the aforementioned facilities. The developers responsibility and commitments to Poudre Valley REA have been met. If you require any additional information, please contact our office. Sincerely, John R. Thomas Engineering Representative pl xc: Willia erke > 23003 Wel CO RD 39 LaSalle, CO 80645 Weld County Planning Dept. J: \LETTERS\JRT\W028043 .LTR JUN 2 8 1996 .,,.sue,,, CEIVED GREELEY • 686-7431 LONGMONT • 776-1084 DENVER • 623-8606 1-800-432-1012 AN EQUAL OPPORTUNITY EMPLOYER ,(.il:NL i Lit)1 yI'IL FLU` Ya, , K i=t �T6•;A i l_ Ililt_i. .n_- I( H _H .. i U I U 1b rit Weld County Planning Dept. SEP 2 5 1996 RECEIVED 6185 JERKE BROS oval ez-11s11a10 WILLIAM H JERKE CHARLES W JERKE 23003 WELD COUNTY 20D 39 284-6061 --- LASALLE. CO 80645 'D��o Pay to the s�W at, W Ober of t /oo Dollars 6• Moves:Bank Colorado a5al2b .�K A^MG• aINKs (303) 84 5535 NNW perS stCObredo 80605 Memo 0000 3 2089 SW1: 10700LL640: 44204587L61I' 6185 1 mEmORAnDUm WIID€ To Gloria Dunn, Current Planner Date September 20, 1996 COLORADO Don Carroll, Project Coordinator AS- From S-358, William H. Jerke (Scotch Pines Estates, a minor Subdivision) Subject: Request for Release of Collateral for Scotch Pines Estates Minor At the request of the Planning Services Department, I reinspected the Scotch Pine Estates Subdivision on September 10, 1996. The purpose of the reinspection was to verify the items identified on Exhibit A from the Improvements Agreement. The items verified were street grading, street base, street name signs, stop signs,and the fire hydrant unit consisting of 4" standard pipe fire line. The items that need to be addressed and resolved prior to releasing collateral are as follows: a. There are four utility crossings that need to be compacted and the gravel brought back to grade. b. The entire road needs to be regraded. The weeds have grown in the road and shoulder areas and need to be cut to a more manageable height. c. The stop sign and street sign on Scotch Pine and WCR 41 need to be reset. Both have been pushed over. d. There is a low area that collects water at the intersection of Scotch Pine and WCR 50.5. It needs additional gravel material to resolve the problem of standing water. I would like to withhold$1000 from the street grading item until all items have been completed or adequately addressed. cc: Commissioner Hall S-358 plan3 Weld County Planning Dept. SEP 2 5 1996 RECEIVED From: LEE MORRISON To: CHARDING Date: 9/24/96 3:57pm Subject: Jerke Request for release of collateral Reply requested when convenient I recommend approval of the release of collateral for Scotch Pines provided the$1000 cash is posted to guaranty road work requested by Public works. Lee ID Morrison CC: gdunn,bbarker Hello