HomeMy WebLinkAbout720521.tiff CAW— 1 (dtlzd
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RESOLUTION
WHEREAS, by Resolution adopted April 19, 1972, the Board of
County Commissioners, Weld County, Colorado, did approve
Casagrande Estates plat for filing with conditions for completion of
roads by September 30, 1972, including demand note and irrevocable
commercial letter of credit from the National State Bank of Boulder,
Boulder, Colorado, in the sum of Nineteen Thousand Dollars
($19, 000. 00), bearing expiration date of March 10, 1973, guaranteeing
full performance, and
WHEREAS, it has now come to the attention of the Board that
said conditions have not been complied with due to standard and bonafide
delays, and
WHEREAS, petitioner, Drexel, Barrell and Company, Boulder,
Colorado, on behalf of Casagrande Estates, has requested that the time
for completion of roads as agreed upon be extended to July 1, 1973, due
to adverse conditions and circumstances beyond control, and further
stating that the aforementioned letter of credit has been extended to
July 31, 1973, and
WHEREAS, the Board has reviewed the facts and circumstances
surrounding the delay in the matter, and
WHEREAS, the Board being fully advised in the premises;
NOW, THEREFORE, BE IT RESOLVED, by the Board of County
Commissioners, Weld County, Colorado, that the request of petitioner,
be, and it hereby is granted.
BE IT FURTHER RESOLVED, that the period of time for completion
of said roads be extended to July 1, 1973, on condition that petitioner, et al,
proceed with due diligence to complete the project as requested, otherwise,
the Board may, for good cause shown, on its own motion, declare a for-
feiture of the security (the aforementioned letter of credit) and proceed to
complete the project by the County.
The above and foregoing Resolution was, on motion duly made and
seconded, adopted by the following vote on the ief4 day of October,
1972,
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
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ATTEST:
anuoil
Clerk o the Board
tat ��h�Deputy County Clerk
A ROVE AS TO ____ _
County Attorney`
720521
.7)-‘. ' -P J 0 7 �-?C. ( I
y WELD COUNTY OFFICE OF THE COUNTY ENGINEER
,440014k_ COMMISSIONERS sYRON F. EwING
• MARSHALL H. ANDERSON COUNTY ENGINEER
HARRY S. ASHLEY PHONE (303) 359-2212
GLENN K. BILLINGS EXT. a1
COURT HOUSE
CO L o R A D o GREELEY, 80631
19 September 1972
STATE O O ADO I.
COUNTY OF WELD �
Filed with tnt Cltrk of the
Board of County Commissioners of County Comm t
Weld County Courthouse SEP 1 ) 1972
Greeley, Colorado 80631
CODA'?CLERK AND RE[7R0•R
By Deputy
Gentlemen:
Enclosed is a letter of request for time extension of time on Casa Grande First
Filing. As outlined in the letter they have been plagued by standard delays.
They have also enclosed in their correspondence to me an extension of time on the
letter of credit from the National State Bank of Boulder. They have proceeded
with as much diligence as was practicable and have furnished the necessary
documents.
With this in mind I can see no reason for the Board not to grant an extension of
time on the note and I so reccommnend it.
Sincere
Byron F. Ewing
/ Drexel Barrel' 1 Co. ��►
/ SURVEYORS • ENGINEERS
1425 PEARL STREET BOULDER, COLORADO PHONE 442-4338 80302
September 15, 1972
Mr. Byron Ewing
Weld County Engineer
1500 2nd Street
Greeley, Colorado 80631
cc: Burman Lorenson
James Tull
Dear Brian:
The purpose of this letter is to advise you of our construction
status on Casagrande 1st Filing.
If you will refer to our subdivision agreement you will find that
we are committed to completion of the roads by September 30, 1972.
I have just reviewed our schedule with our client and it is
apparent that we are going to miss that date. This is where we now
stand:
1. We have about 90% of our water mains in for Filing #1.
2. We have 8400' of water main in for Filing #2 required to
loop the system. All water lines completed are shown
marked in orange on the attached print.
3. All roads in Filing #1 are rough cut and have the first
2" of gravel in place. There are marked in green on the
attached print.
4. The hold up on finishing the roads at this time is the remainder
of the utilities. We cannot pave until all the water, gas and
service lines are in.
We would like to propose this revised schedule for construction:
1. Take the rest of this fall to complete installation of gas lines
and the remaining 1200' of water lines with all service lines.
2. Complete the additional 2" of gravel and the paving starting
about March or as soon as weather permits next spring.
AERIAL SURVEYORS • MINERAL SURVEYORS • LAND SURVEYORS • REGISTERED ENGINEERS
Mr. Byron Ewing -2- September 15, 1972
3. This will also help with the stabilization of any settlement
in our service line street crossings that would not have been
avoided with tamping and compaction.
4. We would like to request a new paving completion date of
July 1, 1973.
The original letter of credit on file with you from my client's
bank had an expiration date of March 10, 1973. A copy of that letter
is attached. We have requested and received an extension of that
letter to July 31, 1973, which is 30 days beyond our new completion
date commitment. A copy of that extension authorization is enclosed.
We have no excuse for being late other than our apparent optimism
on our schedule. We could have taken two years for our schedule but
actually only asked for six months. The letter of agreement was
written in early March but the plat was not approved until April 19,
so we got a late start. Then we learned that the water district
required that we build the 8,400 feet of looping line through our
Filing #2 before allowing us taps for Filing #1. This injected
additional time.
At the present time we have only six homes under construction,
one of which is about ready for occupancy. We do have 2" of gravel
down so that there will be no problem of access during the winter
months.
I believe we have and are complying with the spirit of our agree-
ment and request your consideration for our completion date extension.
Sincere
R. F. Barrell
RFB:sc
Attachs.
N \C
K_ '�. t��� ) Na tonal oral State Bank
13th & Pearl / Boulder,Colorado 80302 / P.O. Box 227 / (303)442-0351
•
IRREVOCABLE COMMERCIAL LETTER OF CREDIT
To: County of Weld
Gentlemen:
We hereby authorize you to value on 32-0498-7 for the account of
The Miller "640" up to an aggregate amount of $19,000.00 available
by your draft at sight, accompanied by:
1. This letter of credit
2. Your official signed statement that the company has
failed to comply with the terms and conditions of
the Improvement agreement between themselves and the
County of Weld. Dated 1972
"All drafts drawn under this credit must be endorsed hereon and must
bear the clause; "drawn under the National State Bank letter of credit
#402, March 9, 1972. The draft must be drawn and negotiated not later
than March 10, 1973."
We hereby agree with drawers, endorsers, and bonafied holders of the
bills drawn in compliance with the terms of this credit that the same
shall be duly honored upon the presentation to the drawer.
The credit is subject to the Uniform Custom and Practices for Documentary
Credit (1962 revision, International Chamber of Commerce, brochure #222) .
Very truly yours,
THE NATIONAL STATE BANK OF BOULDER
/� h ���Leoct- Jeni:
(/ ---
President r
COPY
' .
AMOUNT OF NOTE NINETEEN THOUSAND, TWO HUNDRED THIRTY TWO DOLLARS (19,232.00)
Greeley, Colorado , 19_
On demand after date for value received, the undersigned promises to pay to t:.e
order of the Board of County Commissioners , Weld County, Colorado the sum.. o:
NINETEEN THOUSAND,TWO HUNDRRD TPTRTY TWn nnrT,Anc dollars ($19,232.00 )
with interest at ten (100) percent per year from date of demand until paid.
This note is given for the purpose of securing the Board of County Commissiory:E ,
Wela County , Colorado, against a contingent liability by reason of said Board cl
Commissioners, Weld County, Colorado, granting subdivision nights to one or more
of the undersigned within the County of Weld, Colorado, as outlined in Subdivision
Agreement dated _j h-;.,,;,,-.0 , 19A, and guaranteeing
installation of certain improvements in said subdivision by September 30,
1.972.
Amount of note shall be conditioned by damages which the Board of County
Commissioners shall suffer by failure of undersigned to perform under said
agreement. Upon final acceptance of said improvements by the Board of County
Commissioners , Weld County, Colorado, this obligation shall be void; otherwise to
remain in full force and effect.
The makers, endorsers, sureties, guarantors and assignors of this note severally
waive demand, presentment for payment, protest and notice of protest and of :.on
payment, and agree and consent to any extensions of time of payment, without
notice, by the holder on request of any of them.
It is also stipulated that should this note be collected by an attorney after
maturity or in case of default (whether by suit or otherwise) ten percent ( 10%)
additional on amount due shall be allowed the holder as attorney fees.
A/ - r
Accepted by the Board of County Commissioners, Weld County, Colorado
J p,-; I /9 19'71':
17i
Chairman , County Commi,ssinne'fs
Co,u_nty Commissioner)
'County Commic,Ssi'oner
COP
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