HomeMy WebLinkAbout20250741.tiffResolution
Approve Cancellation and Full Release of Warranty Collateral for Minor Subdivision
Final Plan, MINF12-0001, Weld County Industrial Park —Weld County Industrial Park
Association/Peckham Development Corporation, c/o Mark Goldstein
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 the 31st day of October, 2012, the Board approved the application of
Big Thompson Investment Holdings, LLC, 1205 West Elizabeth Street, P.O. Box 134,
Fort Collins, Colorado 80521, c/o Mark Goldstein, P.O. Box 273180, Fort Collins,
Colorado 80527, for Minor Subdivision Final Plan, MINF12-0001, for a nine (9) Lot Minor
Subdivision in the I-3 (Industrial) Zone District on the following described real estate, to
wit:
Lot B of Recorded Exemption, RECX12-0056; being part of the W1/2 of
Section 23, Township 4 North, Range 66 West of the 6th P.M., Weld County,
Colorado
Whereas, on March 12, 2014, the Board of County Commissioners of Weld County,
Colorado, approved an Improvements 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 Big Thompson
Investment Holdings, LLC, with further terms and conditions being as stated in said
agreement, and accepted project collateral, in the form of Letter of Credit #835-3047, from
First Bank, 10403 West Colfax Avenue, Lakewood, Colorado 80215, in the amount of
$706,286.00, and
Whereas, on March 9, 2016, the Board of County Commissioners of Weld County,
Colorado, accepted replacement project collateral, in the form of Irrevocable Letter of
Credit No. 10031, from FirsTier Bank, 1508 Stillwater Avenue, Cheyenne,
Wyoming 82009, in the amount of $706,286.00, and
Whereas, on May 18, 2016, the Board of County Commissioners of Weld County,
Colorado, Consented to Assignment of the existing Improvements Agreement and related
project collateral from Big Thompson Investment Holdings, LLC, to Weld County Industrial
Park Association, and
Whereas, on October 30, 2017, upon recommendation of staff, the Board deemed it
advisable to release 85% of the project collateral for Minor Subdivision Final Plan,
MINF12-0001, in the amount of $600,343.10, and retain warranty collateral for on -site
improvements, in the amount of $105,942.90, in the form of Irrevocable Letter of Credit
No. 10040, from FirsTier Bank, for the duration of the warranty period, and
5018989 Pages: 1 of 3
03/27/2025 10:56 AM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County , CO
I'll EVRIVIIONCIr' llil k ildriii ikNCI i Bill
cc :pLcte/MN/DA/S'TM/KR)
..1/2O1/25
2025-0741
PL2147
Cancellation and Full Release of Warranty Collateral for Minor Subdivision Final Plan,
MINF12-0001 — Weld County Industrial Park Association, c/o Mark Goldstein
Page 2
Whereas, on October 30, 2017, the Board approved the First Amended Improvements
Agreement According to Policy Regarding Collateral for Improvements for Minor
Subdivision Final Plan, MINF12-0001, among the County of Weld, State of Colorado, by
and through the Board of County Commissioners of Weld County; Weld County Industrial
Park Association; and Peckham Development Corporation, c/o Mark Goldstein, with
terms and conditions being as stated in said agreement, and accept project collateral for
off -site improvements, in the form of Irrevocable Letter of Credit No. 10039, from FirsTier
Bank, 1508 StillwaterAvenue, Cheyenne, Wyoming 82009, in the amount of $740,792.34,
and
Whereas, staff from the Weld County Departments of Public Works and Planning
Services conducted a visual inspection of the completed improvements and
recommended release of project collateral and acceptance of warranty collateral for the
aforementioned off -site improvements, and
Whereas, on February 20, 2019, upon recommendation of staff, the Board deemed it
advisable to release said project collateral, in the amount of $740,792.34, and accept
warranty collateral for off -site improvements; in the form of Irrevocable Letter for Credit
No. 10062, from FirsTier Bank, 1508 Stillwater Avenue, Cheyenne, Wyoming 82009, in
the amount of $111,118.85, and
Whereas, on February 13, 2025, the Department of Planning Services received a request
from Mark Goldstein to release the warranty collateral for the two (2) year warranty period
that ended on February 20, 2021, and staff from the Weld County Departments of Public
Works and Planning Services have conducted a visual inspection and recommend
release of said collateral, and
Whereas, upon recommendation of staff, the Board deems it advisable to release said
collateral.
Now, therefore, be it resolved by the Board of County Commissioners of Weld County,
Colorado, that the currently held warranty collateral, procured in the form of Irrevocable
Letter for Credit No. 10062, from FirsTier Bank, in the amount of $111,118.85, 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.
5018989 Pages: 2 of 3
03/27/2025 10:56 AM R Fee:$0.00
Carly Koppes, Cleric and Recorder, Weld County , CO
1lIrdMil iiilegriY5C CiiilitilIIVAikriad II III
2025-0741
PL2147
Cancellation and Full Release of Warranty Collateral for Minor Subdivision Final Plan,
MINF12-0001 — Weld County Industrial Park Association, c/o Mark Goldstein
Page 3
The Board of County Commissioners of Weld County, Colorado, approved the above
and foregoing Resolution, on motion duly made and seconded, by the following vote on
the 17th day of March, A.D., 2025:
Perry L. Buck, Chair: Aye
Scott K. James, Pro-Tem: Aye
Jason S. Maxey: Aye
Lynette Peppler: Aye
Kevin D. Ross: Aye
Approved as to Form:
Bruce Barker, County Attorney
Attest:
Esther E. Gesick, Clerk to the Board
5018989 Pages: 3 of 3
03/27/2025 10:56 AM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County , CO
IIIII rdl IVII 1r EAllI+wl LIII',h Milli i N filkh Bill
2025-0741
PL2147
MEMORANDUM
18
61
eart
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co���
TO:
DATE:
FROM:
Clerk to the Board
March 3, 2025
Jazmyn Trujillo -Martinez, Planning Services Dept.
SUBJECT: BOCC Agenda Item — Approve Full Release of
Warranty Collateral For:
Weld County Industrial Park — Weld County Industrial Park Association/Peckham
Development Corporation, c/o Mark Goldstein — MINF 12-0001
Request to Approve Full Release of Warranty Collateral:
The Department of Planning Services received a request from Mark Goldstein, representative for Peckham
Development Corporation, requesting that the Board of County Commissioners release the currently held
warranty collateral for Weld County Industrial Park in the amount of $111,118.85. No further collateral is
required to be held. The two-year warranty period concluded on February 20, 2021. 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 Exhibit C, of the Improvements Agreement According to Policy Regarding Collateral
for Improvements Document Tyler #2017-3737, have been completed and are found to be
acceptable.
Weld County Collateral List:
Big Thompson Investment Holdings, LLC aka Peckham Development
Replacement Collateral (PL2147) 2016-0886
MINF12-0001 Improvements Agreement for Hickman Minor
Subdivision LOC 10031 from FirsTier Bank
Re -Assignment from Big Thompson to Weld Industrial Park Assoc.
Collateral remains the same as above (#2016-1609) 5/18/16
Expires 2/19/18 (released 103017)
$706,286.00
Accepted (2017-3737) warranty collateral for on -site improvements
in the form of An Irrevocable Letter of Credit #10040 (10/30/17) $105,942.90
Expires 11/30/18; however renews for 12mos from that date unless 60 days notice from FirsTier
Accepted (2017-3737) collateral for off -site improvements in
the form of an Irrevocable Letter of Credit # 10039 (10/30/17)
(Released 02/20/19)
(See also 2017-3738 and 2017-3097)
Accepted (2019-0806) warranty collateral for off -site improvements
In the form of An Irrevocable Letter of Credit #10062 (02/20/19)
$740,792.3'1
$111,118.85
Recommendation:
The Departments of Planning Services and Public Works are recommending approval of the full release of
warranty collateral for Weld County Industrial Park — Weld County Industrial Park Association/
Peckham Development Corporation, c/o Mark Goldstein — MINF 12-0001, and that this item be placed
on the next regularly scheduled BOCC Hearing, as part of the Regular Agenda.
cc: Dawn Anderson, Planning Services
2025-0741
3/I1
�LZI�k�
Jazmyn Truaiiio Martinez
From:
Sent:
To:
Cc:
Subject:
Nick Marquez _ -
Friday, February 28, 2025 12 18 PM
Jazmyn Trujillo Martinez, Riley Reynolds
Dawn Anderson ,
RE Weld Industrial Park Peckham, Colorado - Final Inspection for Warranty Release
Road Inspection Report — February 27, 2025, Weld County Industrial Park
Summary Athorough inspection of Niobrara Boulevard at the intersections of County Road 44 and at County Road
33 was conducted on February 27, 2025, revealing no significant safety concerns or major structural issues At the
intersection of County Road 44 it was difficult to ascertain what remained of the original intersection after CDOT
changed the alignment of 44 dunng the construction of the overpass on Highway 85 [Please see photos at the end
of this report ] With the closure of the railroad crossing at County Road 33 some asphalt had been removed
including all the striping The remaining road surface was found to be in good condition and all signage was clearly
visible
Details
• Area Inspected: Niobrara Boulevard at the intersections of County Road 44 and at County Road 33
• Inspection Team: Nick Marquez
• Weather Conditions Sunny, 62*
Observations
Road Surface:
o Pavement condition Good
o Potholes None observed
o Rutting None observed
Shoulders:
o Integrity Stable and in good condition
o Vegetation Good
Drainage:
o Culverts All functioning properly with no signs of blockage
o Ditches Clean and free of debris
Traffic Control Devices:
o Signage All signs present, legible, and in proper locations
o Pavement markings Removed by Weld County crew(s).
Bridges:
o Visual inspection No visible structural concerns or damage identified
Recommendations
• Minor Maintenance.
• None
• Further Monitoring:
• Continue to monitor for potential deterioration in all paved areas as the road ages
Conclusion
Based on the inspection findings, the intersections of County Road 44 and at County Road 33 are currently in good
condition and meets safety standards Routine maintenance as outlined above is recommended to maintain its
current state
Inspector: Nick Marquez
Date: February 28, 2025
The photo to the left was taken in June of 2018 and the photo on the right was taken in February of 2025. The
change in elevation and the newly re -aligned section of CR 44 is easily observed.
From: Jazmyn Trujillo Martinez <jtrujillomartinez@weld.gov>
Sent: Friday, February 14, 2025 3:27 PM
To: Nick Marquez <nmarquez@weld.gov>; Riley Reynolds <rareynolds@weld.gov>
Cc: Dawn Anderson <dranderson@weld.gov>
Subject: FW: Weld Industrial Park Peckham, Colorado - Final Inspection for Warranty Release
Nick and Riley,
We have received a request for the final inspection related to the improvements of Weld County Industrial Park,
CR 44 @ Niobrara Blvd, and CR 33 @ Niobrara Blvd. I have attached the as-builts for CR 44.
The history of the project can be found: U:\Engineering\PLANNING � DEVELOPMENT REVIEWVN-2012 Planning
Referrats.\MlN El 2 WGR 44XCeon_structionDocs.
Please let me know if I can provide any more information or answer any questions.
Best,
Jazmyn Trujillo -Martinez
Development Review
Weld County Planning Services
1402 North 17' Avenue
P.Q. Box 758
Greeley, CO 80631
(970) 400-3711
2
Jazmyn Trujillo Martinez
From:
Sent:
To:
Cc:
Subject:
Mark Goldstein <marktOgeiresources.com>
Thursday, February 13, 2025 5:00 PM
Tom Pa rko
Dawn Anderson; Jazmyn Trujillo Martinez; Tim Ostic (tostic@firstierbanks.com); Spencer
Stephens; Amber Duran
RE: Weld Industrial Park Peckham, Colorado - Release of Letters of Credit
This Message Is From an External Sender
This email was sent by someone outside Weld County Government. Do not click links or open attachments unless you recognize
the sender and know the content is safe.
Dawn
Good afternoon. Peckham Development developed the Weld County Industrial Park several years
ago. At the time, Peckham paved CR 33 and CR 44 and in conjunction posted LOCs for the 2 year
warranty. The warranty period expired but we appear to not have closed the file on the LOC releases
that 1st Tier Bank issued. Peckham Development kindly requests that Weld County release the
applicable Letters of Credit.
In the last 2 years the County and CDOT closed CR 33 and removed the pavement on both 33 and 44
which Peckham had done with their development years ago) in conjunction with the construction of the
new overpass on CR 44 over Highway 85 and the realignment for Niobrara Boulevard ( internal Weld
County Industrial Park road) that now connects directly to the onramp for the overpass.
Please advise on the steps to get the Letters of Credit released. Thank you for your help. Much
appreciated.
Best Regards,
Mark Goldstein, President
Peckham Development Corp
Mark Goldstein, President
Goldstein Enteprises, Inc
Physical Address:
145 W. Swallow Road, Building B
Fort Collins, Colorado 80525-2500
Matting Ackketss:
PO Box 273180
Fort Collins, Colorado 80527
Office: 970-797-2187
Mobile: 303-396-9889
Clerk to the Board's Office
Phone: (970) 400-4225
1150 0 Street
P.O. Box 758
Greeley, Colorado 80632
www.weld.gov
July 22, 2025
Peckham Development Corporation
Attn: Mark Goldstein
mark@geiresources.com
Re: Release Irrevocable Letter of Credit No. 10040
MINF12-0001
Peckham Development Corporation, c/o Mark Goldstein
To Whom It May Concern:
Enclosed please find copies of the letter to the insurance company, released Irrevocable
Letter of Credit No. 10040, and a copy of the Board of County Commissioner's Resolution,
dated March 17, 2025, authorizing the release of said Irrevocable Letter of Credit, held
as warranty collateral in the amount of $105,942.90 for the above referenced case.
If you have questions or need additional information, please do not hesitate to contact me
at (970) 400-4212 or jreid@weld.gov.
Respectfully,
fin. �.ca
Jess Reid
Deputy Clerk to the Board
Enclosure
cc: Dawn Anderson, Department of Planning Services
Jazmyn Trujillo -Martinez, Department of Planning Services
Max Nader, Department of Planning Services
Clerk to the Board File PL2147
Page 1 of 1
Clerk to the Board's Office
Phone: (970) 400-4225
1150 O Street
P.O. Box 758
Greeley, Colorado 80632
www.weld.gov
July 22, 2025
FirsTier Bank
1508 Stillwater Avenue
Cheyenne, WY 82009
Re: Release Irrevocable Letter of Credit No. 10040
MINF12-0001
Peckham Development Corporation, c/o Mark Goldstein
To Whom It May Concern:
Enclosed please find the released Irrevocable Letter of Credit No. 10040
and a copy of the Board of County Commissioner's Resolution, dated March 17,
2025, authorizing the release of said Irrevocable Letter of Credit, held as warranty
collateral in the amount of $105,942.90 for the above referenced case.
If you have questions or need additional information, please do not hesitate to contact me
at (970) 400-4212 or jreid@weld.gov.
Respectfully,
Vs. ;A
Jess Reid
Deputy Clerk to the Board
Enclosure
cc: Dawn Anderson and Jazmyn Trujillo -Martinez, Department of Planning Services
Max Nader, Department of Planning Services
Clerk to the Board File PL2147
Page 1 of 1
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