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HomeMy WebLinkAbout20242329.tiffRESOLUTION RE: APPROVE CANCELLATION AND FULL RELEASE OF WARRANTY COLLATERAL FOR RURAL LAND DIVISION FINAL PLAN, RLDF21-0002 - RICHARD AND PATRICIA STAHL 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, on February 9, 2022, the Weld County Board of Commissioners approved the application of Richard and Patricia Stahl, 16087 County Road 40, LaSalle, Colorado 80645, for a Rural Land Division Final Plan, RLDF21-0002, for the Creation of Two (2) Lots in the A (Agricultural) Zone District, on the following described real estate, being more particularly described as follows: Lot A of Recorded Exemption, RE -1748; being part of the SW1/4 of Section 26, Township 4 North, Range 66 West of the 6th P.M., Weld County, Colorado WHEREAS, on April 18, 2022, the Board approved an Improvements and Road Maintenance Agreement According to Policy Regarding Collateral for Improvements between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Richard and Patricia Stahl, with further terms and conditions being as stated in said agreement, and WHEREAS, additionally on April 18, 2022, the Board accepted project collateral in the form of personal check #9417, dated March 29, 2022, issued by JPMorgan Chase Bank, N.A., in the amount of $7,500.00, and WHEREAS, on June 6, 2022, the Board approved the request of Richard and Patricia Stahl to release 85% of the project collateral for RLDF21-0002, in the amount of $6,375.00, and retain warranty collateral in the amount of $1,125.00 for the duration of the warranty period, and WHEREAS, on June 24, 2024, the Department of Planning Services received a request from Richard and Patricia Stahl to release the warranty collateral for the two (2) year warranty period that ended on June 6, 2024, and WHEREAS, upon recommendation of staff from the Weld County Departments of Public Works and Planning Services that conducted a final site inspection, the Board deems it advisable to release said warranty collateral. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the currently held warranty collateral, in the amount of $1,125.00, procured in the form of personal check #9417, dated March 29, 2022, issued by JPMorgan Chase Bank, N.A., be, and hereby is, cancelled and released. 4982279 Pages: 1 of 2 09/13/2024 11:10 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO II c c : PL. ( h.+bAbA/STrVKM/M /CG) O9/I .6.72.4 2024-2329 PL2810 CANCELLATION AND FULL RELEASE OF WARRANTY COLLATERAL (RLDF21-0002) - RICHARD AND PATRICIA STAHL PAGE 2 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. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 4th day of September, A.D., 2024. BOARD OF COUNTY COMMISSIONERS WELD COUNTY. COLORADO ATTEST: 1„ J Weld County Clerk to the Board BY: U-ettcf-ni • tali) u7l LIL Deputy Clerk to the Board Date of signature: 4982279 Pages: 2 of 2 09/13/2024 11:10 AM R Fee:$0.00 Carly K000es, Clerk and Recorder, Weld County , CO VIII IIIVL 4i lO'IfivCWWWI:61,,ILI I.1 16114 Bill Kevin. Ross, Chair Perry L. B f k, Pro-Tem e reeman . James ri Saine 2024-2329 PL2810 Signature Certificate of Delivery Date: October 15, 2024 From: Jess Reid, Deputy Clerk to the Board Subject RLDF21-0002 IS. I hereby certify that I have provided the below documents to Patricia Stahl on this [Notarial Date] day of October, 2024. Check No. 3399229 for $1,125.00. Full Release of Warranty Collateral (#2024-2329) Pai-fi-ca. 5-6,U toitc)..auf Print Name Date Weld County • Clerk to the Board's Office • 1150 O Street, Greeley, CO 80631 • (970) 400-4213 • cwhite@weld.gov BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: BOCC Agenda Item — Full Release of Warranty Collateral for: Richard and Patricia Stahl — RLDF21-0002 DEPARTMENT: Planning Services DATE: August 20, 2024 PERSON REQUESTING: Jazmyn Trujillo -Martinez Brief description of the problem/issue: The Department of Planning Services received a request from Pat Stahl, requesting that the Board of County Commissioners release the currently held warranty collateral for Richard and Patricia Stahl in the amount of $1,125.00. No further collateral is required to be held. The two-year warranty period concluded on June 6, 2024. Public Works completed a final warranty inspection and supports the release of warranty collateral. Weld County Planning Services and Public Works Departments performed a site inspection, at the above -mentioned site, and observed the following: • All items on of the Improvements Agreement According to Policy Regarding Collateral for Improvements Document Tyler #2022-1107, have been completed and are found to be acceptable. What options exist for the Board? (include consequences, impacts, costs, etc. of options): 1. Have this BOCC Hearing item be placed on the next available agenda as part of the Regular Agenda. 2. Have this BOCC Hearing item be placed on the next available agenda as part of the Regular Agenda. 3. Have this BOCC Hearing item not placed on the next available agenda as neither part of the Consent Agenda nor the Regular Agenda. Weld County Collateral List: Stahl, Richard and Patricia — RLDF21-0002 (PL2810, #2022-1107) Improvements and Road Maintenance Agreement Approved 05/02/22 — Contract ID 5730 Personal Check #9417, issued by JP Morgan Chase Bank, NA Deposited In Trust Acct 05102/2022 Release Project Collateral of 85% In the amount of $6,375.00. Warranty Collateral held of $1,125.00 - Approved 06106/22. Contract ID 5815 - Hand -delivered Weld County check #3374952 in the amount of $6,375.00 made payable to Richard and Patricia Stahl and dated 06120/22 Warranty Collateral Held 06/06122 $ 7,500,00 • $6.375.00 $1,125.00 Consequences: • There are no consequences for the County by supporting the recommendation as the developer has completed their warranty obligations. Im pacts: • There are no impacts for the County by supporting the recommendation as the developer has completed their warranty obligations. Costs (Current Fiscal Year / Ongoing or Subsequent Fiscal Years): • There are no direct costs for the County by supporting the recommendation. Recommendation: Option 2. The Departments of Planning Services and Public Works are recommending approval of the full release of warranty collateral for Richard and Patricia Stahl — RLDF21-0002 and that this item be placed on the next regularly scheduled BOCC Hearing, as part of the Regular Agenda. Perry L. Buck, Pro -Tern Mike Freeman Scott K. James Kevin D. Ross, Chair Lori Saine Support Recommendation Schedule Place a BpCC Agenda Work Session Other/Comments: 2024-2329 Q /y PL 2.7c! O Jazmyn Trujillo Martinez From: Sent: To: Subject: Attachments: Follow Up Flag: Flag Status: Pstahl 2677 < pat.stahl2677@gmail.com> Monday, June 24, 2024 5:43 PM Jazmyn Trujillo Martinez Release of Warranty Collateral RLDF21-0002 I M G_0240 j pg Follow up Flagged Caution: Thfs email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Jazmyn, I am writing to request the release of the final portion of the warranty collateral for RLDF21-0002. I am attaching a photo of the road for your reference. Please let me know if there is anything else that I need to do or anyone else that I need to contact. Thank you so much, Patricia Stahl i Jazmyn Trujillo Martinez From: Sent: To: Subject: Attachments: Ryan Sinatra Wednesday, August 14, 2024 3:25 PM Jazmyn Trujillo Martinez RE: Release of Warranty Collateral RLDF21-0002 RLDF21-0002 Final Warranty Inspection.pdf Hi Jazmyn, looks like they properly closed the access. At this time, I do recommend release of warranty collateral. Thank You, Ryan Sinatra Engineer Tech 1 Weld County Public Works (970-397-4242) rsinatra@weld.gov Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Jazmyn Trujillo Martinez <jtrujillomartinez@weld.gov> Sent: Thursday, August 1, 2024 3:48 PM To: Ryan Sinatra <rsinatra@weld.gov> Subject: RE: Release of Warranty Collateral RLDF21-0002 Thank you, Ryan! Best, Jazmyn Trujillo -Martinez Development Review Weld County Planning Services 1402 North 17th Avenue P.O. Box 758 Greeley, CO 80631 (970) 400-3711 1 RLDF21-0002 Final Warranty Inspection Tuesday, Ju'y 2, 2024 11:00 AM s wele Inspector: Ryan Sinatra 48 Hour Notice: Not Applicable U No Yes • Date: • Provided by: Contractor: N/A Contractor Superintendent (PIC) Today: Approx Number of Employees: Sub-Contractor(s) and Approx Number of Employees: Weather: 85 Degrees, Partly Cloudy Checklist Items: L] Traffic Control Roadway Outside Roadway Tracking Pad Appurtenance Compaction Reseeding Markers Load Tickets CJ n L Project Notes Weld County Inspection Report Equipment in use: r c None Loader Grader Excavator Mini -Ex Skid Steer Scraper Backhoe Dozer Water Truck Tandem Haul Truck Sheepsfoot Drum Roller Rubber Tire Vacuum Truck Telehandler Street Sweeper Pump Truck Concrete Truck Project Conditions Preconstruction Normal Final Outside Normal Hours: Not Started In Progress Complete Warranty f 1 • This is a final warranty inspection of the RLDF23-0002 internal road and cul-de-sac. 2 Page I • Internal road and all associated features observed to be per plan and in good condition. • Access on County Road 40 closed and reclaimed using berms and orange traffic cones. • Based on current observations, release of warranty collateral is recommended. Photos 92r 40.27557, -104.75235 .,c. ".,. a ti$' lAug24 14:24 Ad -hoc 16'76-16298 Count Road 40 La Salle Co 80645 US a 06•Au• •2414:24:52 2 Page 2 0or 40.27558, -104.75236 Ileast tauaars4rasas..taillea_____ .. 6Au924 14:25 Ad-I:oc 16077:-16299 Count Road 40, La Salle CO 80645, US e 06•Au•244 14:25:00 •4 • • • e i 6. • , AL : •z • •iillt [. rt."i .. ,/t:- 4 • • • .7! — . • • Y.t• S ' r • • • -- t , e. •.• •• . • ..e ` , .• ••••. i•-•••. • ••.f.••. 4.44 `. - • `• VP _ y 1... • - •'s S. r• • y ! ; •• .• • . a -' • _ a •. • .. - ••ti. - - S •4. �, a • o - •. - • •ti • , - • r. '. 2 Page 3 QQAug24 14:24 Ad -hoc 16077--16299 Count Road 40. La Salto CO 80645. US a 06-A • -24 14:24:57 Jazmyn Trujillo Martinez From: Sent: To: Subject: Pstahl 2677 <pat.stahl2677@gmail.com> Friday, August 2, 2024 12:05 PM Jazmyn Trujillo Martinez Re: Checking Status of Release of Warranty Collateral Caution: This email originated from outside of Weld County Government. Do riot click links or open attachments unless you recognize the sender and know the content is safe. We are planning to put up a pipe fence across there, but to be honest, we need the collateral money to buy the pipe. Thanks for your time. Sent from my iPhone On Aug 2, 2024, at 11:49 AM, Jazmyn Trujillo Martinez <jtrujillomartinez@weld.gov>wrote: Pat, Thank you for your prompt attention to this matter. I will have the inspector go out again. As for your question, the County maintains the road surface of the width of the road. If the dirt washes out from your berm, it would be your responsibility to add more but if there is an issue with the dirt washing out, a more permanent solution may be best. In most cases where an access needs to be reclaimed, large objects such as boulders or posts are used to create a barrier or a fence. In theory, your use of logs was the right idea but there is just the issue of the logs being out of sight. The small berm created may also still be low visibility from a vehicle, but I will let the inspector make that call when he is out there. Best, Jazmyn Trujillo -Martinez Development Review Weld County Planning Services 1402 North 17th Avenue P.O. Box 758 Greeley, CO 80631 (970) 400-3711 <image001.jpg> Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. 1 GoN RESOLUTION RE: APPROVE PARTIAL RELEASE OF PROJECT COLLATERAL AND ACCEPT WARRANTY COLLATERAL TO BE RETAINED FOR RURAL LAND DIVISION FINAL PLAN, RLDF21-0002 - RICHARD AND PATRICIA STAHL 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, on February 9, 2022, the Weld County Board of Commissioners approved the application of Richard and Patricia Stahl, 16087 County Road 40, LaSalle, Colorado 80645, for a Rural Land Division Final Plan, RLDF21-0002, for the Creation of Two (2) Lots in the A (Agricultural) Zone District, on the following described real estate, being more particularly described as follows: Lot A of Recorded Exemption, RE -1748; being part of the SW114 of Section 26, Township 4 North, Range 66 West of the 6th P.M., Weld County, Colorado WHEREAS, on April 18, 2022, the Board of County Commissioners of Weld County, Colorado, approved an Improvements and Road Maintenance Agreement According to Policy Regarding Collateral for Improvements between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Richard and Patricia Stahl, with terms and conditions being as stated in said agreement, and accepted project collateral in the form of a personal check #9417, dated March 29, 2022, issued by JPMorgan Chase Bank, N.A., in the amount of $7,500.00, and WHEREAS, the Department of Planning Services received an email dated May 10, 2022, from Richard and Patricia Stahl, requesting that the Board of County Commissioners release 85% of the currently held project collateral for RLDF21-0002, in the amount of $6,375.00, and retain warranty collateral in the amount of $1,125.00 for the duration of the warranty period, and WHEREAS, staff from the Weld County Departments of Public Works and Planning Services have conducted a site inspection and recommend partial release of said project collateral and retention of warranty collateral from the currently held project collateral. WHEREAS, upon recommendation of staff, the Board deems It advisable to partially release said project collateral, in the amount of $6,375.00, and retain warranty collateral in the amount of $1,125.00 for the duration of the warranty period. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the project collateral in the amount of $6,375.00, be, and hereby is, released and that the retention of warranty collateral in the amount of $1,125.00, be, and hereby is, approved. 483'3173 Palas: 1 of T .s,ss 2.22 10:11 RA1 R Fu:=0.00 Carly Clvk Rrdor, Ntlltl C 00 IHI KOPPri� nd �ooounty elk Bill c c : QI.(Tp/pA/3"rM/KR/c8) 61t6/.27. 2022-1527 PL2610 PARTIAL RELEASE OF PROJECT COLLATERAL AND ACCEPTANCE OF WARRANTY COLLATERAL (RLDF21-0002) - RICHARD AND PATRICIA STAHL PAGE 2 BE IT FURTHER RESOLVED by the Board that the Clerk to the Board be, and hereby is, directed to return said project collateral in the amount of $6,375.00 to the appropriate issuing party. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 6th day of June, A.D., 2022. BOARD OF COUNTY COMMISSIONERS WELQ►COUNTY, COLORADO ATTEST: s!1 JeirA4 SctS K. James, Chair Weld County Clerk to the Board 4835173 Pages: 3 of 2 ositaims 10:50 An R RN:=e.ee Carly Kappaa, C1Rk and Ihoorder, Wald County CO dui IW�1lYCI� JIfh�I Y M41141lietnliia «Kbi tot 2022-1527 PL2810 esnt, .1,0/5 BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE BOCC Agenda Item — Reduce Project Collateral to Warranty Collateral for Richard and Patnaa Stahl — RLDF21-0002 DEPARTMENT Planning Services DATE May 10, 2022 PERSON REQUESTING Jazmyn Trujillo -Martinez Brief description of the problemhssue The Department of Planning Services received a request from Richard and Patricia Stahl, requesting that the Board of County Commissioners release 85% the currently held project collateral fpr RLDF21-0002 in the amount of $6,375 00 Warranty Collateral in the amount of $1,125 00 is required to be held for the duration of the warranty paned Richard and Patnaa Stahl have requested that the Warranty Collateral be retained from the currently held Project Collateral Weld County Planning Services and Public Works Departments performed a site inspection, at the above -mentioned site, and observed the following • All items on Exhibit A-1, of the Improvements Agreement According to Policy Regarding Collateral for Improvements Document 2022-1107, have been completed and are found to be acceptable Assistant County Attorney has reviewed the Improvements Agreement and Collateral requirements and recommends this partial release of collateral What options exist for the Board? (include consequences, impacts, costs, etc. of options): 1 Have this BOCC Hearing dem be placed on the next available agenda as part of the Regular Agenda Weld County Collateral List Richard and Patricia Stahl — RLDF21-0002 (PL2810, 2022-1107) Improvements and Road Maintenance Agreement Approved Apnl 18, 2022 — Contract ID #5730 Personal Check #9417, Drawn on JPMorgan Chase Bank, N A $7,500 00 Recommendation The Departments of Planning Services, Public Works, and the County Attorney's Office are recommending approval of the partial release of collateral for Richard and Patnaa Stahl — RLDF21-0002, and this item be placed on the next regularly scheduled BOCC Heanng, as part of the Regular Agenda Accrove Schedule Recommendation Work Session Other/Comments Perry L Buck Mike Freeman, Pro -Tern Scott K James, Chair Steve Moreno Lori Seine 2022-1527 Jazmyn Trujillo Martinez From: Sent: To: Subject: Dear Jazmyn, Pstahl 2677 <patstahl2677@gmail.com> Tuesday, May 10, 2022 9:55 AM Jazmyn Trujillo Martinez Release of Project Collateral RLDF21-0002 I am emailing you to request the release of the $7,500.00 of project collateral. I have emailed pictures of the completed project as well as a letter from the contractor stating that the road was built to specifications. Please take the 15% out of the $7,500 for the 2 year period and return the remainder. Regards, Pat Stahl • • May 6, 2022 Buxman Excavating, LLC 32186 CR 29, Greeley, CO 80631 Ph: 970-301-6038 To whom it may concern, Busman Excavating has Installed a 120' Tong x 18' driveway with a 1' drainage shoulder on each side at 19050 CR 33. We first cut in the road and borrow ditches, then wheel roll compacted the subbase. We then brought In 3 semi loads of Class 6 aggregate base, placed and compacted to approximately 6" thick Don Busman Buxrnan Excavating, LLC 970-301-6038 Contract Form New Contract Request Entity Information Entity Name* STAHL, RICHARD Entity ID* XO0045370 U New Entity? Contract Name. Contract ID Parent Contract ID REDUCE PROJECT COLLATERAL TO WARRANTY COLLATERAL 5815 RICHARD AND PATRICIA STAHL RLDF21-0002 Contract Lead* Requires Board Approval Contract Status JTRUJILLOMARTINE2 YE5 CTB REVIEW Department Project Contract Lead Email jtrujillomaninez@weldgov.c om Contract Description * REDUCE PROJECT COLLATERAL TO WARRANTY COLLATERAL RICHARD AND PATRICIA STAHL RLDF21-0002 REDUCE AND RELEASE PROJECT COLLATERAL IN THE AMOUNT OF 46,3 75.00 AND RETAIN WARRANTY COLLATERAL IN THE AMOUNT OF $1,125.00 FOR TWO YEAR WARRANTY PERIOD Contract Description 2 Contract Type AGREEMENT Amount* 51,125.00 Renewable* NO Automatic Renewal Grant IGA Department PLANNING Department Email CM-PianningIweldgov.com Department Head Email CM-Planning- DeptHead:weldgov.com County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- C..OUNTYATTORNEYAWELDG Ov.COM If this is a renewal enter previous Contract ID If this is pan of a MSA enter NSA Contract ID Requested ROCC Agenda Date* 05.18:2022 Due Date 0514 14: 2022 Willa work session with BOCC be required?. NO Does Contract require Purchasing Dept. to be included? NO Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract Dates Effect. Date Termination Notice Period Contact Information Contact Info Review Date* 05;18!2023 Committed Delivery Date Renewal Date Expiration Date* 05'18'2024 Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Purchasing Approver Purchasing Approved Date Approval Process Department Head TOM PARK° JR. DH Approved Date 05`18?2022 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 06/06.,2022 Originator JTRUJILLOMARTINEZ Finance Approver CHERYL PATTELLI Legal Counsel BRUCE BARKER Finance Approved Date Legal Counsel Approved Date 05;18;2022 05;18:'2022 Tyler Ref ft AG 060622 Hello