HomeMy WebLinkAbout992702.tiff RESOLUTION
RE: APPROVE PARTIAL RELEASE OF COLLATERAL AND ACCEPT REPLACEMENT
COLLATERAL FOR LINDIES LAKE FINAL PLANNED UNIT DEVELOPMENT, S #488
- BILL HALL
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 24, 1999, the Board did approve an
Improvements Agreement According to Policy Regarding Collateral for Improvements (Publicly
Maintained Roads) with Bill Hall, concerning property described as part of the NW1/4 of
Section 20, Township 6 North, Range 64 West of the 6th P.M., Weld County, Colorado, and
WHEREAS, pursuant to said Improvements Agreement, Letter of Credit#3 from the
Weld County Bank, in the amount of $63,100.00, was submitted to Weld County, and
WHEREAS, staff from the Weld County Departments of Planning Services and Public
Works have conducted a visual inspection of the project and recommends partial release of
said collateral, in the amount of$53,100.00 to Lindies Lake, and
WHEREAS, a Time Certificate of Deposit from the Eaton Bank, Greeley Branch, dated
November 3, 1999, in the amount of $10,000.00, has been presented to Weld County, and
WHEREAS, the Board of County Commissioners deems it advisable to release Letter of
Credit#3 from the Weld County Bank in the amount of$63,100.00 and to accept the Time
Certificate of Deposit from the Eaton Bank, Greeley Branch, dated November 3, 1999, in the
amount of $10,000.00.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that Letter of Credit#3 with the Weld County Bank, in the amount of
$63,100.00, 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 the Time Certificate of Deposit from the
Eaton Bank, Greeley Branch, dated November 3, 1999, in the amount of $10,000.00, be, and
hereby is, accepted.
1111111111111111111111111111111I11111111111111111111111 PL 992702
PL1270
2732965 11/15/1999 04:37P JA Suki Tsukamoto
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CANCEL COLLATERAL - BILL HALL (S #488, UNDIES LAKE PUD)
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 8th day of November, A.D., 1999.
BOARD OF COUNTY COMMISSIONERS
• ,11011.1.11%, A LD COUNTY C•LORADO
l I A I \„- IEIL��y, / /� //
ATTEST: I�/ e I • /.�_
�b0YY714�O4 JJ • ,r ' 'eJ . C,K. Hall, Chair
Weld County Clerk to the Bop d ,�"Iy`�,';14, /
'..ara J. Kirkmeyer, P -Tem 0
BY: 4 to ���LLLeee ��ti)�Ii jV td
1 v
Deputy Clerk to the Board
eorge xter
APPROVED AS TO FORM: ej,/�
M. J. ile�
my ttor
Glenn Vaa
1 IIIIII IIIII IIIIII 11111111111 III 111111I III 1111111111111 992702
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2732965 11/15/1999 04:37P JA Suki Tsukamoto
2 of 2 R 0.00 D 0.00 Weld County CO
MEMORANDUM
Wi`k TO: Board of County Commissioners
COLORADO FROM: Ben Patton, Planner
SUBJECT: S-488, Lindies Lake Subdivision
The Weld County Department of Planning Services is requesting a partial release of collateral for
the Lindies Lake Subdivision, located in Part of the NW 1/4 of Section 20, Township 6, Range 64.
The applicant has completed most of the necessary improvements for this site. Public Works has
recommended retaining $9,744.00 of the original $61,961.46 posted as collateral. The applicant
has submitted a replacement Letter of Credit in the amount of$10,000.00, which is acceptable to
County legal staff. Therefore, Planning staff recommends a release of$51,961.46 of the original
collateral for this project.
SERVICE,TEAMWORK,INTEGRITY,QUALITY
c ,?`702
21/77°
-,...\\
MEMORANDUM
itok( 414H4t,
TO: Ben Patton/Julie Chester, Lead Planner DATE: October 28, 1999
WIlkO FROM: Donald Carroll, Engineering Administrator tabfc SUBJECT: S-455; Bill Hall/Lindies Lake
COLORADO
At the request of the applicant, Jim Brewer, Materials Inspector, performed a site investigation to verify the
transportation items to be released from collateral. The items include street grading, street base, and one half
of the street paving. I have attached Exhibit A for your review.
cc: S-459
Jim Brewer
plan3s
/eld County Planning C :p•
Nov 01 1999
RECE { VEP
NOV-01-99 MON 03 : 56 PM WELD COUNTY PUBLIC WKS7 FAX:9703046497 PAGE 2
EXHIBIT"A"
Name of Subdivision: L,ndies Lake
Filing:
Location:NW4 . SPrti on?O .Tfiyy.R64yd. 61-hp_m ,WP1 i Cnaarry
Intending to be legally bound, the undersigned Applicant hereby agrees to provide throughout this
subdivision and as shown on the subdivision final plat County dated 19
recorded on , 19^, in Book Page No. , Reception o,
, the following improvements. cr-
tr
(Leave spaces blank where they do not apply) y
Estimated
Improvements Unit Cost Construction Cost
Street grading log a yarn SAAAyrts $1706_66
Street base S6 . R0 a tQn 1296tons $8$] 2 80
Street paving $28 a ton 696tons $1948R- 00 , I/1 °1744°Et
Curbs, gutters. &culverts
Sidewalk N/A
Storm sewer facilities N/A
Retention ponds N/A
Ditch improvements N/A
Subsurface drainage N/A
Sanitary sewers N/A
Sanitary sewers N/A
Trunk & forced lines
• Mains
J.aterals (house connected)
On-site sewage facilities
On-site water supply& storage
Water mains-Includes Bore $2 2 5 0 Q. 0 0
Fire hydrants $15 0 0 . 0 0
Survey&street monuments & boxes
Street lightiing
,Street name signs $125 .00 $125 . 00
Fencing revirements N/A
Landscaping $9 .75 a unit 44units $429 . 00
Park improvements N/A
Road Culvert S6 .85 R that 6.i3eet S400 . 00 U
Grass Lined Swale N/A
Telephone $10 0 0 .0 0
Gas
Electric $6 0 0 0.0 0
Water Transfer N/A
SUB-TOTAL S6.] 9 61 4 6
11 Revised 6/97
• BOARD OF DIRECTORS
GARY SIMPSON sv °- NORTH WELD COUNTY WATER DISTRICT
ERNEST ROSS HIGHWAY 85 • LUCERNE, COLORADO 80646
W.M. McKAY
CHARLES ACHZIGER 2 ii 4' DON POSSELT, MGR.
ROBERT ARNBRECHT -�;�' _,195)
P.O. BOX 56 • PHONE 970-356-3020 • FAX 970-395-0997
if Planning L)ep,.
SEP 1 1999
September 14, 1999
Bill Hall RECEIVED
1220 11`h Avenue
Greeley Co 80631
RE: Lindies Lake Subdivision
Mr. Hall,
Final acceptance of Lindies Lake Subdivision has been given by North Weld County Water
District on June 17, 1999.
Sincerely,
Alan Overton
Assistant to District Manager
BOARD OF DIRECTORS „ ,.1tr NORTH WELD COUNTY WATER DISTRICT
GARY SIMPSON �'�'
ERNEST ROSS 'tip y HIGHWAY 85 • LUCERNE, COLORADO 80646
W.M. McKAY /
•
CHARLES ACHZIGER J 'I ' DON POSSELT, MGR.
ROBERT ARNBRECHT .'' 4
1 gr Il
F _ P.O. BOX 56 • PHONE 970-356-3020 • FAX 970-395-0997
July 20, 1999
Mr. Bill Hall
1220 11th Avenue, Suite 201
Greeley CO 80631
The following is an itemization of cost of water for Lindies Lake.
Dan Kepner
Materials - Pipe,fittings,wire 4/13/99 14,177.91
5/6/99 1,138.00
Ledall Brothers, Construction, Inc.
Cut in valves 6/11/99 360.00
Trench, lay pipe, backfill 6/15/99 14,100.00
Weld County
Permits#10054 4/24/99 378.00
Western Mobile
Asphalt Patch 6/17/99 1,537.85
NWCWD Labor
Foreman & Utility truck
-40 hrs @$40 1,600.00
Labor
-40 hrs @ $25 1,000.00
Total Cost $34,291.76
NWCWD shared Cost (9,136.76)
Contract Amount Due and Payable $25,155.00 /3 kq
� � I /,-)3l
•
August 17, 1999
";annh.
Weld County Planning Ra.dG 1 1 1999
1400 N 17th Ave
Greeley, Co. 80631 R F C El V F D
Re: Lindies Lake PUD
•
Dear Ben Patton,
The Public Service Utilities have been installed according to plan and have been paid.
I am enclosing copies of the paid invoice and cancelled check. Please instruct Don Carroll
to remove this amount from our letter of credit obligation.
Thank you.
` l •/
/�.
Bill Hall
BJH/dlm
enclosure
PUBLIC gFRVICE COMPANY OF COLORADO
0 NEW CENTURY P 0 sox
ENERGIES'" 60201 ER, ,,,
18001772-4881
Pagel of 1
tomer Name Service Address Due Date Account No. Amount Due
.HALL Jul 29, 1999 2700678342 $14,923.00
ount Activity
Date of Bill Jul 14, 1999 Previous Balance $14,923.00
Number of Payments Received 0 Total Amount of Payments $0.00
Balance Forward $1,'._.,i0
+ Current Bill 0.s 1
Current Balance $14,923.00
Ail
4 \67'
WELD COUNTY ATTORNEY'S OFFICE
6is'iliN\\ PHONE: (970) 356-4000,EXT. 4391
FAX: (970) 352-0242
15 TENTH STREET
P.O. BOX1948
GREELEY, COLORADO 80632
COLO' AD:O
November 3, 1999
Bill Hall
12201121"Avenue, Suite 201
Greeley, CO 80631
Re: Receipt of Certificate of,Deposit
Dear Mr. Hail ,.
This letter is to inform you that the Clerk to the Board''-of.County Commissioners of Weld
County, Colorado,has received the original Certificate of Deposit Numb0 er 200095298 written
at the Eaton Bank, Greeley"branch. A copy is enclosed. The Certificate>:s to act as collateral for
your current improvements agreement. The original Certificate will be kept by the Clerk to the
Board pursuant to the terns and conditions set forth in the improvements agreement.
Since"y"ialy, %
ruce T. Bar r
Weld Costal Attorney
pc: L Morro .
C eearol Hardingisn
Time Certificate of Deposit
Financial Institution: EATON BANK,GREELEY BRANCH
2700 47TH AVENUE,GREELEY,CO 80634 Number:
Account Name: BILL HALL or WELD COUNTY SSN/TIN: 521-68-6608
Account Number issue Date Deposit Amount Term Maturity Date
0200095298 November 3, 1999 $10,000.00 12 Months November 3, 2000
Rate Information: This account is an interest bearing account. The interest rate paid on the entire balance in the account will be 5.16% with
an annual percentage yield of 5.30%.
The interest rate and annual percentage yield will not change for the term of the account. The interest rate will be in effect until November 3,
2000. Interest begins to accrue on the business day you deposit noncash items(for example,checks). Interest will be compounded daily and
will be credited to the account quarterly. Interest on your account will be credited by adding the Interest to the principal.
Balance Information: We use the daily balance method to calculate the interest on the account. This method applies a daily periodic rate to
the principal in the account each day. We will use an interest accrual basis of 365 for each day in the year.
Limitations: You must deposit $1,000.00 to open this account. You may not deposit more than $99,999.99 to this account. ADDITIONAL
DEPOSITS MAY BE MADE IN A MINIMUM OF$100.00. You may not make withdrawals from your account until the maturity date.
q Time Account Information: Your account will mature on November 3, 2000. If you withdraw any of the principal before the maturity date we
1 ; may impose a penalty of 3 MONTHS SIMPLE INTEREST ON THE PRINCIPAL BALANCE IN THE ACCOUNT. The annual percentage yield
I assumes interest will remain on deposit until.maturity. A withdrawal will reduce earnings. This account will automatically renew. You will have
I 10 CALENDAR DAYS after the maturity date to withdraw funds without penalty.
1 Account Fees: The following fees apply to this account: GARNISHMENT/TAX LEVY FEE: $30.00 PER ORDER HANDLED; and RESEARCH
FEE: $25.00 PER HOUR PLUS$1.00 PER COPY. ---1I Member Sign ure a�tl Title of Authorized�FI ns o!Sig ','
NON TRANSFERABLE- NON NEGOTIABLE FDIC %/' �G">(
1 TIME CERTIFICATE OF DEPOSIT - 12 ADD ON CERTIFICATE
1 We appreciate your decision to open a time certificate of deposit account with us. This Agreement sets forth certain conditions, rates, and rules that
are specific to your Account. Each signer acknowledges that the Account Holder named has placed on deposit with the Financial Institution the
Deposit Amount indicated,and has agreed to keep the funds on deposit until the Maturity Date. As used in this Agreement,the words"you","your'or
I "yours" mean the Account Holder(s), the word"Account" means this Time Deposit Agreement Account and the word "Agreement" means this Tme
Certificate of Deposit Agreement,and the words"we","us"and"our"mean the Financial Institution. This Account is effective as of the Issue Date and
is valid as of the date we receive credit for noncash items (such as checks drawn on other financial institutions) deposited to open the Account.
Deposits of foreign currency will be converted to U.S.funds as of the date of deposit and will be reflected as such on our records.
INTEREST RATE. The interest rate is the annual rate of interest paid on the Account which does not reflect compounding ("Interest Rate"),and is
�[ based upon the interest accrual basis described above.
I AUTOMATIC RENEWAL POLICY. If the Account will automatically renew as described above,the principal amount and all paid earned interest that
Ihas not been withdrawn will automatically renew on each Maturity Date for an identical period of time as the original deposit term. Interest on
( renewed accounts will be calculated at the interest rate then in effect for time deposits of that Deposit Amount and term. If you wish to withdraw
1 funds from your Account,you must notify us during the grace period after the Maturity Date.
I EARLY WITHDRAWAL PENALTY. You have agreed to keep the funds on deposit until the Maturity Date of your Account. Any withdrawal of all or
part of the funds from your Account prior to maturity may result in an early withdrawal penalty. We will consider requests for early withdrawal and,if
granted,the penalty as specified above will apply.
Minimum Required Penalty. If you withdraw money within six (6)days after the date of deposit, the Minimum Required Penalty is seven (7)
i days' simple interest on the withdrawn funds. If partial early withdrawal(s) are permitted, we are required to impose the Minimum Required Penalty
on the amounts)withdrawn within six(6)days after each partial withdrawal. The early withdrawal penalty may be more than the Minimum Required
!!!. Penalty. You pay the early withdrawal penalty by forfeiting part of the accrued interest on the Account. If your Account has not earned enough
I interest,or if the interest has been paid,we take the difference from the principal amount of your Account.
Exceptions. We may let you withdraw money from your Account before the.Maturtty Date without an early withdrawal penalty: (1) when one
or more of you dies or is determined legally incompetent by a court or other administrative body of competent jurisdiction; or(2)when the Account is
an Individual Retirement Account (IRA)establised in accordance with 26 USC 408 and the money is paid within seven (7) days after the Account is
opened; or(3)when the Account is a Keogh-Plan (Keogh),if you forfeit at least the interest earned on the withdrawn funds; or (4)if the Account is
an IRA or a Keogh Plan established pursuant to 26 USC 408 or 26 USC 401,when you reach age age 59 1/2 or become disabled; or(5)within an
I applicable grace period(if any).
RIGHT OF SETOFF. Subject to applicable law,we may exercise our right of setoff or security interest against any and all of your Accounts (except
IRA, Keogh plan and Trust Accounts)without notice, for any liability or debt of any of you, whether joint or individual, whether direct or contingent,
• i whether now or hereafter existing, and whether arisinlg from overdrafts, endorsements, guarantees, loans, attachments, garnishments, levies,
attorneys'fees,
s, prof setoff llgalniot any. If
thend account
is aojoint oraccounit-party account, each joint or multiple—party account holder authorizes us to
t
OTHER ACCOUNT RULES. The following rules also apply to the Account.
i, Surrender of Instrument. We may require you to endorse and surrender this Agreement to us when you withdraw funds, transfer or close
your Account. If you lose this Agreement,you agree to sign any affidavit of lost instrument,or other Agreement we may require,and agree to hold us
harmless from liability,prior to our honoring your withdrawal or request.
I Death of Account Holder. Each Account Holder agrees to notify us immediately upon the death of any other Account Holder. You agree that
. we may hold the funds in your Account until we have received all required documentation and instructions.
Indemnity. If you ask us to follow instructions that we believe might expose us to any claim,liability or damages,we may refuse to follow your
instructions or may require a bond or other protection,including your agreement to indemnify us.
Pledge. You agree not to pledge your Account without our prior consent. You may not withdraw funds from your Account until all obligations
secured by your Account are satisfied.
Page 1 of 2
DEPOSIT PRO,Reg.US.Pf,.i T.M.OFF.,Ver.8.044(el inn. CFI PreServkn.Int All RIYMf Reserved. CO-1.760
CUSTOMER COPY
SURRENDER OF TIME CERTIFICATE OF DEPOSIT
CD*
This certificate Is hereby surrendered. Date:
Number of Signers Required: Any one(1)of the Authorized Signers(s)shown below.
( ACCOUNT ALL:
X X
BILL HALL WELD COUNTY
•
Paee-2 of 2 —
DEPOSIT PRO,P.p.U.S.Pin.B T.N.ow....v.r.0040(cl loss CFI Pro Services.Inc. All RIolls Reserve0. CO-L700
CUSTOMER COPY
‘tittt
6
CLERIC TO THE BOARD
PHONE (970) 356-4000, Ext. 4225
FAX: (970) 352-0242
y P. O. BOX 758
GREELEY, COLORADO 80632
COLORADO
November 8, 1999
Weld County Bank
3635 23rd Avenue
P.O.Box 59
Evans, CO 80620
RE: Irrevocable Letter of Credit No. 3
Dear President Capra:
In its regular board meeting today, November 8, 1999, the Board of County Commissioners did
vote to release Irrevocable Letter of Credit No. 3, regarding Bill Hall - Lindies Lake PUD.
Please let this letter be your official notification that the Letter of Credit is no longer required by
the Board of County Commissioners.
If you have questions or need additional information, please do not hesitate to contact me at
(970) 356-4000, Extension 4218.
Very truly yours,
jrinuaidi /
' r
•43 . �
Depufy er to the Board
'GCB Weld County Bank
Modern 'Banking With Old fashioned-Service
IRREVOCABLE LETTER OF CREDIT NO. 3
May 24, 1999
. ( L
i. ,
Board of County Commissioners %
i
ATTN.: Clerk to the Board j �' it _:
P. O. Box 758
Greeley, CO 80632
Re: Bill Hall - Lindies Lake PUD ,,
Dear Commissioners:
We hereby open our Irrevocable Letter of Credit in your favor for the account of Bill Hall, 1220
11th Avenue, Suite 201, Greeley, CO 80631, for a sum not to exceed the aggregate of$63,100.
(Sixty-three Thousand One Hundred and No/100).
Each draft so drawn must be marked "Drawn under WELD COUNTY BANK, 3635 23rd Ave.,
Evans, CO 80620, Letter of Credit No. 3 and be accompanied by a "signed statement from the
Board of County Commissioners of Weld County, Colorado stating the applicant has committed
a material breach of the Improvements Agreement according to Policy Regarding collateral for
Improvements regarding Lindies Lake PUD dated day of , 19 by
and between Bill Hall and the Board of County Commissioners of the County of Weld."
This credit is subject so far as applicable, to "The Uniform Customs and Practice for
Documentary Credit, 1983 Revision, The International Chamber of Commerce Publication No.
400."
We hereby agree with you that all drafts drawn under and in compliance with the terms of this
credit will be duly honored and presented for payment to our main office, WELD COUNTY
BANK, 3635 23rd Ave., Evans, CO 80620.1 This letter of credit will expire on May 24, 2000 at
5:00 P.M. ;'i
This letter of credit is automatically extended without amendment, for additional one year
periods from e current expiration or any future expiration date unless 60 days prior to such
current expir tion date WELD COUNTY BANK notifies beneficiary in writing that the letter of
credit will lot be renewed. In the case you receive such a notification, you may draw by
presentation of the following: (a) a draft at sight on WELD COUNTY BANK; (b) a statement
purportedly signed by an official of the Board of County Commissioners of Weld County,
3635 23rdslvenue° P D, ft ox 56°Evans, Colorado ° 80620
9700 506°1000 Sax 970050601937
Colorado stating that we have received notice from WELD COUNTY BANK the Letter of Credit
No. 3 will not be renewed and that Bill Hall has failed to provide proof of adequate collateral and
substitution of this Letter of Credit No. 3; (c) copy of letter from WELD COUNTY BANK
stating non-renwal of Letter of Credit No. 3 and the original letter of credit.
Yours truly,
Edward A. Capra
President& CEO
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