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HomeMy WebLinkAbout20252910.tiff Resolution Approve Cancellation and Release of Project Collateral for Improvements for Minor Subdivision Final Plan, MINF19-0001 — Cimarron Land Company, LLC 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 the 4th day of September, 2019, the Board approved the application of Cimarron Land Company, LLC, 200 1st Street, Eaton, Colorado 80615, for Minor Subdivision Final Plan, MINF19-0001, for four (4) lots zoned for 1-3 Industrial uses along with one (1) outlot to be utilized for drainage purposes on the following described real estate, to wit: Lot B Recorded Exemption, RECX15-0069; being part of the NE1/4 of Section 32, Township 6 North, Range 65 West of the 6th P.M., Weld County, Colorado Whereas, on February 19, 2020, the Board of County Commissioners of Weld County, Colorado, approved an Improvements Agreement According to Policy Regarding Collateral for improvements for Minor Subdivision Final Plan, MINF19-0001, between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Cimarron Land Company, LLC, with further terms and conditions being as stated in said agreement, and accept Irrevocable Standby Letter of Credit No. 1301, drawn on the Farmers Bank, 119 1st Street, Ault, Colorado 80610, in the amount of$378,939.60, and Whereas, staff from the Weld County Departments of Public Works and Planning Services 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 Irrevocable Standby Letter of Credit No. 1301, drawn on the Farmers Bank, in the amount of $378,939.60, 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. 5063757 Pages: 1 of 2 PL(aE/HNbn/oa/TTK/KR) 2025-2910 11/05/2025 10:52 AM R Fee:$0.00 I2./03/25 PL2704 Carly Koppes, Clerk and Recorder, Weld County , CO 11111 Nr1liAl P vIiLlir'l ,M LIIIPI W 111111 Cancellation and Release of Project Collateral for MINF19-0001 — Cimarron Land Company, LLC Page 2 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 27th day of October, A.D., 2025: Perry L. Buck, Chair: Aye ,,r►+� ., Scott K. James, Pro-Tern: Aye Ie �. I /1`''9t Jason S. Maxey: Excused / ` 1► Lynette Pe ler: Excused14.1 Kevin D. Ross: Aye % Approved as to Form: 0? .j Bruce Barker, County Attorney Attest: Esther E. Gesick, Clerk to the Board 5063757 Pages: 2 of 2 2025-2910 11/05/2025 10:52 AM R Fee:$0.00 PL2704 Carly Koppes, Clerk and Recorder, Weld County , CO 11111 I rAINIIa4I:IKh4IR1101 Vti10,11114l1M Lk 11111 MEMORANDUM TO: Clerk to the Board 1 861 �, \ 4 ♦ :1 4',\ , DATE: October 13,2025 1.2b,_A 2,1-1-!!! ill, - N' ' r JrFROM: Jazmyn Trujillo-Martinez, Planning Services Dept. �' GOUTY IN SUBJECT: BOCC Agenda Item—Approve Full Release of Collateral For: Cimarron Land Company,LLC—MINF19-0001 Request to Approve Full Release of Collateral: The Department of Planning Services received a request from Roger Schulz, requesting that the Board of County Commissioners release the currently held collateral for Cimarron Land Company,LLC in the amount of$378,939.60.Collateral was provided in the form of Irrevocable Standby Letter of Credit No. 1301 issued by Farmers Bank.No further collateral is required to be held. 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 #2020-0602, have been completed and are found to be acceptable. Weld County Collateral List: Cimarron Land Company, LLC MINF19-0001 (PL2704,#2020-0602)Improvements and Road Maintenance Agreement,Approved 2/19/20,Contract ID 3429 Project Collateral, Irrevocable Standby Letter of Credit No. 1301,dated 2/7/20, $378,939.60,Famers Bank Recommendation: The Departments of Planning Services,Public Works,and the County Attorney's Office are recommending approval of the full release of collateral for Cimarron Land Company, LLC—MINF19-0001, and that this item be placed on the next regularly scheduled BOCC Hearing,as part of the Regular Agenda. cc: Dawn Anderson,Planning Services 2025-2910 10/2. 1 p La1ot-k Clerk to the Board's Office �'- 186 C-- Phone: (970) 400-4225 }A i/ r-= " �1 1150 0 Street U r 'l P.O. Box 758 o � N T Y Greeley, Colorado 80632 I www.weld.gov January 15, 2026 Farmers Bank P.O. Box 220 Ault, CO 80610 Re: Release Irrevocable Letter of Credit No. 1301, MINF19-0001 — Cimmaron Land Company, LLC To Whom It May Concern: Enclosed please find the released Irrevocable Letter of Credit No. 1301 and a copy of the Board of County Commissioner's Resolution, dated October 27, 2025, authorizing the release of said Irrevocable Letter of Credit, held as warranty collateral in the amount of $378,939.60 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(c�weld.gov. Respectfully, Jess Reid Deputy Clerk to the Board Enclosures: Released Irrevocable Letter of Credit No. 1301; Resolution #2025-2910 cc: Dawn Anderson, Jazmyn Trujillo-Martinez, and Maxwell Nader, Department of Planning Services; Clerk to the Board File PL2704 Page 1 of 1 Fartit=it 1E34N FJi .: IRREVOCABLE STANDBY LETTER OF CREDIT NO. 1301 February 7,2020 Board of County Commissioners ATTN:Clerk to the Board P.O.Box 758 Greeley,Colorado 80632 RE:Cimarron Land Company,LLC Dear Weld County, We hereby open our Irrevocable Standby Letter of Credit in your favor for the a' ount of Cimarron Land Company,LLC,200 lm Street,Eaton,Colorado 80615,for a sum not to exceed the aggregate of$3 :,939.60(Three Hundred Seventy-eight Thousand,Nine Hundred Thirty-nine and 60/100 Dollars). Each draft so drawn must be marked"Drawn under FARMERS BA 19 1st Street,Ault,Colorado 80610,Letter of Credit No. 1301"and be accompanied by a signed statement from the Boar. •f County Commissioners of Weld County,Colorado stating the Cimarron Land Company,LLC has committed a materi. .reach of the Improvements Agreement to Policy Regarding collateral for Improvement regarding the Minor Sub.' sion Final Plan(MINF 19-0001),by and between Cimarron Land Company,LLC and the Board of County Commission .f Weld County. This credit is subject,so far as applicable,to"The Unifo • ustoms and Practice for Documentary Credits,2007 Revision, The International Chamber of Commerce Publications ..600". We hereby agree with you that all drafts drawn un.- and in compliance with the terms of this credit will be duly honored and presented for payment to our main office,F ' ' 'S BANK, 119 1'Street,Ault,Colorado 80610.This letter of credit will expire on February 7,2022 at 5:00 P.M. This letter of credit is automatically extent • without amendment,for additional one-year periods from the current expiration or any future expiration date unless 60 • prior to such current expiration date FARMERS BANK notifies beneficiary in writing that the Letter of Credit will n• be renewed.In the case you receive such a notification,you may draw by presentation of the following: (a)a draft at sight •.• FARMERS BANK;(b)a statement purportedly signed by an official of the Board of County Commissioners of Weld . ty,Colorado state that we have received notice from FARMERS BANK the Letter of Credit No. 1301 will not be ren= ed and that Cimarron Land Company,LLC has failed to provide proof of adequate collateral and substitutions of this Lette• .f Credit No. 1301;(c)copy of letter from FARMERS BANK stating non-renewal of Letter of Credit No. 1301 and the o '• al Letter of Credit. Deputy Clerk to the Board Yours Truly, COLLATERAL RELEASED NO LONGER REQUIRED by Board Xe.,74,1 , Brett Brunner of Weld County Commissioners Vice Preside date: \ - o��o ( Qwpi-ove-c) \O -AS) BB/csb b y: e SS l'R-si-\ct 119 1`'Street-P.O. Box 220 -Ault,CO 80610--(970)834-2121 /Fax (970)834-1351 U.S. Postal Service'" ;� CERTIFIED MAIL`' RECEIPT Domestic Mail Only a- .D For delivery information,visit our website at www.usps.com rU P- Certified Mail Fee _ 15—a e41' Ct $ 1-n Extra Services&Fees(check box,add fee as appropriate) ra ❑Return Receipt(hardcopy) $ postmark ❑Return Receipt(electronic) $ Here C ❑Certified Mail Restricted Delivery $ r- ❑Adult Signature RequiredrU $ ❑Adult Signature Restricted Delivery$ Postage $ r� Total Postage and Fees t` $ Sent To (—_ cM e( e A S toc Crre l�� kx LLrl St�et and A rhbo7r( Goa IS" City State,7, t C0 BOLO 0 \PS Form 3800 Janua 2023 PSN 7530-02-4 "9047 See Reverse for Instruc Ion- SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3. A. Signature • Print your name and address on the reverse X / 0 Agent so that we can return the card to you. 0 Addressee ■ Attach this card to the back of the mailpi= • 5. Receive. by(Printed Name) C. Date of Delivery or on the front if space permits. ` 1. Article Addressed to: s:.a D. Is delivery adPss different from item 1? ❑Yes If YES,enter delivery address below: ❑ No Far TNC ?. o . Sox aao y▪= r�u\1 , co 8aL,,\o 3. Service Type 0 Priority Mail Express® it I Illlll I'll III I Illli 111 I II I Il l I III III 0 Adult Signature ❑Registered Mail"',❑y Adult Signature Restricted Delivery CIRegistered Mail Restricted p Certified Mail® Delivery 9590 9402 8994 4122 3441 45 Cl Certified Mail Restricted Delivery ❑Signature Confirmation"' ❑Collect on Delivery 0 Signature Confirmation 2. Article Number(Transfer from service label) ❑Collect on Delivery Restricted Delivery Restricted Delivery r]Insured Mail 9589 0 710 5270 1504 7269 36 Insur d Mail Restricted Delivery (oPS Form 3811,July2020 PSN 7530-02-000-9053 Domestic Return Receipt Clerk to the Board's Office 1861 Phone: (970) 400-4225 ,A .� 1150 0 Street ;' • P.O. Box 758 �',. G o U N T Y Greeley, Colorado 80632 www.weld.gov January 15, 2026 Cimmaron Land Company, LLC 200 1st Street Eaton, CO 80615 Re: Release Irrevocable Letter of Credit No. 1301, MINF19-0001 — Cimmaron Land Company, LLC To Whom It May Concern: Enclosed please find copies of the letter to the insurance company, released Irrevocable Letter of Credit No. 1301, and a copy of the Board of County Commissioner's Resolution, dated October 27, 2025, authorizing the release of said Irrevocable Letter of Credit, held as warranty collateral in the amount of $[Collateral Amount] 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(a�weld.gov. Respectfully, Jess Reid Deputy Clerk to the Board Enclosures: Copies of Letter to Insurance Company, Released Irrevocable Letter of Credit No. 1301; Resolution #2025-2910 cc: Dawn Anderson, Jazmyn Trujillo-Martinez, and Maxwell Nader, Department of Planning Services; Clerk to the Board File PL2704 Page 1 of 1 Hello