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Home My WebLink About20231674.tiffRESOLUTION RE: APPROVE FULL RELEASE OF WARRANTY COLLATERAL FOR PLANNED UNIT DEVELOPMENT FINAL PLAN, PUDF18-0001 - H & K INVESTMENTS, 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, on May 17, 2018, the Department of Planning Services approved Planned Unit Development Final Plan, PUDF18-0001, for H & K Investments, LLC, 36107 County Road 29, Eaton, Colorado 80615, for a Planned Unit Development, Serenity View Estates PUD, for nine (9) residential lots with E (Estate) Zone uses, along with Common Open Space and a Non -Buildable Outlot for oil and gas activities, on the following described real estate, being more particularly described as follows: Lot B of Recorded Exemption, RE -3684; being part of the SW1/4 and SE1/4 of Section 5, Township 7 North, Range 67 West of the 6th P.M., Weld County, Colorado WHEREAS, on January 28, 2019, 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 H & K Investments, LLC, with terms and conditions being as stated in said agreement, and accepted project collateral in the form of an Irrevocable Letter of Credit #2910006596, guaranteed by the Bank of Colorado, 55 South Elm Avenue, Eaton, Colorado 80615, in the amount of $19,027.70, and WHEREAS, on October 21, 2020, the Board of County Commissioners of Weld County, Colorado, approved the full release of project collateral and accepted warranty collateral in the form of an Irrevocable Letter of Credit #2910007015, guaranteed by the Bank of Colorado, 55 South Elm Avenue, Eaton, Colorado 80615, in the amount of $3,576.66, and WHEREAS, staff received a request from Todd Annand, representative of H & K Investments, LLC, to release the warranty collateral held for Serenity View Estates PUD, and WHEREAS, staff from the Weld County Departments of Public Works and Planning Services have conducted a site inspection and recommend release of said warranty collateral for the aforementioned off -site improvements, and WHEREAS, upon recommendation of staff, the Board deems it advisable to release said warranty collateral, in the form of an Irrevocable Letter of Credit #2910007015, guaranteed by the Bank of Colorado, 55 South Elm Avenue, Eaton, Colorado 80615, in the amount of $3,576.66. 4907625 Pages: 1 of 2 07/06/2023 11:49 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO Val la ritOKiC III II CC : P4 (TP/MN/DA/3.M /KR) 0-7/0t/ 23 2023-1674 PL1919 FULL RELEASE OF WARRANTY COLLATERAL FOR OFF -SITE IMPROVEMENTS PUDF18-0001 - H & K INVESTMENTS, LLC PAGE 2 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the warranty collateral for off -site improvements, in the form of an Irrevocable Letter of Credit #2910007015, guaranteed by the Bank of Colorado, 55 South Elm Avenue, Eaton, Colorado 80615, in the amount of $3,576.66, be, and hereby is, released. BE IT FURTHER RESOLVED by the Board that the Clerk to the Board be, and hereby is, directed to return said warranty 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 14th day of June, A.D., 2023. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: C ��;�t do JCI�o� Weld County Clerk to the Board BY t /1 •G k UC Deputy Clerk to the Board erry L. Bu • , Pro-Tem an, Chair Sc. t K. James AP' $VEDRM: USED n y At orney Date of signature: LI'23l 4907625 Pages: 2 of 2 07/06/2023 11:49 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County CO fib III II 2023-1674 PL1919 August 03, 2023 CLERK TO THE BOARD PHONE: (970)400-4227 FAX: (970) 336-7233 1150 O STREET P. O. BOX 758 GREELEY, CO 80632 Sent by email: tannand(S(hkconstructionllc.com Todd Annand H & K Construction, LLC 36107 County Road 29 Eaton, CO 80615 RE: Full Release of Irrevocable Letter of Credit No. 291007015 - $3,576.00 — PUDF18-0001 — H & K Investments, LLC Dear Mr. Annand: Attached please find a copy of the Board of County Commissioner's Resolution, dated June 14, 2023, authorizing the full release and cancellation of Irrevocable Standby Letter of Credit No. 291007015 in the amount of $3,576.00 through Bank of Colorado. I have also sent you a copy of the letter and cancelled Irrevocable Letter of Credit sent to Bank of Colorado by certified mail. If you have any questions, please contact me at (970) 400-4227, or email me at choffman@weldgov.com. V- truly yours, Cheryl L. H • man Deputy Clerk to the Board Enclosure cc: Dawn Anderson and Jazmyn Martinez, Department of Planning Services Tom Parko and Diana Aungst, Department of Planning Services Clerk to the Board File PL1919 August 03, 2023 CLERK TO THE BOARD PHONE: (970)400-4227 FAX: (970) 336-7233 1150 O STREET P. O. BOX 758 GREELEY, CO 80632 Bank of Colorado Attn: Keenan Hall Eaton Branch 55 South Elm Avenue Eaton, CO 80615 RE: Full Release of Irrevocable Letter of Credit No. 291007015 - $3,576.00 — PUDF18-0001 - H & K Investments, LLC Dear Mr. Hall: Attached please find the original Irrevocable Standby Letter of Credit No. 2910007015 and a copy of the Board of County Commissioner's Resolution, dated June 14, 2023, authorizing the release and cancellation of Irrevocable Standby Letter of Credit No. 2910007015 in the amount of $3,576.00 through Bank of Colorado. If you have any questions, please contact me at (970) 400-4227, or email me at choffman@weldgov.com. Very truly yours, Cheryl L.ih-loffman Deputy Clerk to the Board Enclosure cc: Todd Annand, H & K Investments, LLC Dawn Anderson and Jazmyn Martinez, Department of Planning Services Tom Parko and Diana Aungst, Department of Planning Services Clerk to the Board File PL1919 1 I i a 1 1 1 1 1 1 1 CLERK TO THE BOARD 1150 O STREET PO BOX 758 GREELEY CO 80632-0758 CI a UM a a ED D in Ian r -R ri r� r -R a a Bank of Colorado Attn: Keenan Hall Eaton Branch 55 South Elm Avenue Eaton, CO 80615 U.S. Postal Service"' CERTIFIED MAIL° RECEIPT Domestic Mail Only For delivery information, visit our website at www.usps.com`�. Certified Mail Fee Extra Services & Fees (check box, add fee as appropriate) ❑ Return Receipt (hardcopy) $ ❑ Return Receipt (electronic) $ O Certified Mail Restricted Delivery $ Ej Adult Signature Required $ Adult Signature Restricted Delivery $ Postage $ Total Postage and Fees PS Form 3800, April 2015 PSN 7530-02-000-9047 See Reverse for Instructions SENDER: COMPLETE THIS SECTION • Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. rticle Addressed to: tai-g-ed •oete-z' fe.4rx4-pt-e. ao9i0(„./4 i i 9590 9402 7686 2122 8613 93 COMPLETE THIS SECTION ON DEL A. Signature X B. Received by (Printed Name) D. Is delivery address different from iten If YES, enter delivery address belov 2. Article Number (Transfer from service label) 7017 1,450 0000 9674 5370 3. Service Type O Pi O Adult Signature O R O Adult Signature Restricted Delivery O Ft O Certified Mail® D O Certified Mail Restricted Delivery O SI O Collect on Delivery O SI O Collect on Delivery Restricted Delivery RI red Mail red Mail Restricted Delivery r $500) • PS Form 3811, July 2020 PSN 7530-02-000-9053 DOME SENDER: COMPLETE THIS SECTION ✓ Complete items 1, 2, and 3. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: edne-61, (bervx.2 .r4 /52-4€;4-c-iu fencr • do 5067/c 111111111 II 11111111 IIIIIIIIIIIIIIIIIIII III 9590 9402 7686 2122 8613 93 i COMPLETE THIS SECTION ON DELIVERY A. Signat X B. Received by (Printed Name) Il. e�►.vlo►r1 Hall D. Is delivery address different from item 1? El Yes If YES, enter delivery address below: D No ,agio ❑ Agent ❑ Addressee C. Date of Delivery Si7/ zot; 2. Article Number (Transfer from service label) 701? 1450 0000 96?4 5370 3. Service Type ❑ Adult Signature ❑�kdult Signature Restricted Delivery Certified Mail® ❑certified Mail Restricted Delivery O Collect on Delivery Collect on Delivery Restricted Delivery red Mail red Mail Restricted Delivery r $500) ❑ Priority Mail Express® ❑ Registered Mail"' ❑ Registered Mail r Delivery o Signature t ❑ Signature C Restricted D PS Form 3811, July 2020 PSN 7530-02-000-9053 Domestic Return Receipt oZooz3 ILF IRREVOCABLE LETTER OF CREDIT Borrower: H & K Investments, LLC 36107 County Road 29 Eaton, CO 80615 Beneficiary: WCoun 11el1d 1 H Street Greeley, CO 80634 Lender: Bank of Colorado Eaton Branch 55 South Elm Avenue Eaton, CO 80615 (970) 454-1800 NO.: 2910007015 EXPIRATION DATE. This I= ter of credit shall expire upon the close of business on 08-04-2022 and all drafts and accompanying statements or documents must be presente • to Lender on or before that time (the "Expiration Date"). AMOUNT OF CREDIT. Lende hereby establishes at the request and for the account of Borrower, an Irrevocable Letter of Credit in favor of Beneficiary for a sum of Three ousand Five Hundred Seventy-six & 66/100 Dollars ($3,576.66) (the "Letter of Credit"). These funds shall be made available to Beneficiary up • n Lender's receipt from Beneficiary of sight drafts drawn on Lender at Lender' address indicated above (or other such address that Lender •ay provide Beneficiary in writing) during regular business hours and accona)eanied by the signed written statements or documents indicated elow. WARNING TO BENEFICIARY: PLEA EXAMINE THIS LETTER OF CREDIT AT ONCE. IF YOU FEEL NABLE TO MEET ANY OF ITS REQUIREMENTS, EITHER SINGLY OR OGETHER, YOU SHOULD CONTACT BORROWER IMMEDIATELY T SEE IF THE LETTER OF CREDIT CAN BE AMENDED. OTHERWISE, YO WILL RISK LOSING PAYMENT UNDER THIS LETTER OF CREDIT F R FAILURE TO COMPLY STRICTLY WITH ITS TERMS AS WRITTEN. DRAFT TERMS AND CONDITIONS. Lender - hall honor drafts submitted by Beneficiary under the followi g terms and conditions: Upon Lender's honor of such drafts, Lender all be fully discharged of Lender's obligations under thi etter of Credit and shall not be obligated to make any further payments under this Lette of Credit once the full amount of credit available and this Letter of Credit has been drawn. Beneficiary shall have no recourse against Len• •r for any amount paid under this Letter of Credi once Lender has honored any draft or other document which complies strictly with this Lette of Credit, and which on its face appears oth rwise in order but which is signed, issued, or presented by a party or under the name of a pa y purporting to act for Beneficiary, purpo ing to claim through Beneficiary, or posing as Beneficiary without Beneficiary's authorization. B paying an amount demar ' in accord ce with this Letter of Credit, Lender makes no representation as to the correctness of the amount d. anded and Lender sh' c liable Beneficiary, or any other person, for any amount paid or disbursed for any reason whatsoever, including, without limitation, z O� '1/2 or misapplication by Beneficiary of the proceeds of such payment. By presenting upon Lender or a confir ing bank, Benef ��'<.4 Seneficiary has not and will not present upon the other, unless and until Beneficiary meets with dishonor. 'eneficiary pro, by C % any funds received by Beneficiary in excess of the Letter of Credit's maximum drawing amount. eO 4 USE RESTRICTIONS. All drafts must be marked "DRAW UNDO' 0.. d/q►`0 �4 OTTER OF CREDIT NO. 2910007015 DATED 08-04-2020," and the amount of each draft shall b mar' by, %Of 0 'mplete a draft and accompanying statements or documents required by this Letter of Credit an • m.' / �O original Letter of Credit must accompany any draft drawn hereunder. O o?Q oy V Partial draws are permitted under this Letter of Credit. Len. -r's honorN, �d C' C�R the amount of credit available under this Letter of Credit. Following a partial draw, ender sh. , /,' � 110, "ry with the partial draw noted hereon; in the alternative, and in its sole discretion, ender ay isa'Ff CO Qel/ in the amount shown above, less any partial draw(s). 1j "* , /11*,R� PERMITTED TRANSFEREES. The right to draw under this Letter of Cre•'t hall be nontransf 4,, ,O / A. A transfer (in its entirety, but not in part) by direct operati• n of law to the administ. 0 liquidator, successor, or other representative at law of the origina Ben-ficiary; and O/! rs B. The first immediate transfer (in its entirety, but not in pa by su• legal representative to a th.. of a governmental body (judicial, administrative, or executive). TRANSFEREES REQUIRED DOCUMENTS. When the presenter a permitted ansferee (i) by operation of law eceiving transfer from a legal representative, as described above, the ••cuments requirefor a draw shall include a certified a or more documents which show the presenter's authority to claim thro .gh or to act with a ority for the original Beneficiary. COMPLIANCE BURDEN. Lender is not responsible for any i ' .ossibility or other diffic Ity in achieving strict compliance with the . _quirements of this Letter of Credit precisely as written. Beneficiary unde .tands and acknowledges: (i) that unless and until the present wording of this Letter of Credit is amended with Lender's prior written consen the burden of complying str tly with such wording remains solely upon Beneficiary, and (ii) that Lender is relying upon the lack of such ame went as constituting Beneficia 's initial and continued approval of such wording. NON-SEVERABILITY. If any aspect of this Letter of redit is ever declared unenforceab . for any reason by any court or governmental body having jurisdiction, Lender's entire engagement un er this Letter of Credit shall be de= ed null and void ab initio, and both Lender and Beneficiary shall be restored to the position each would have occupied with all rights a .ilable as though this Letter of Credit had never occurred. This non-severability provision shall o -rride all other provisions in this Letter o Credit, no matter where such provision appears within this Letter of Credit. GOVERNING LAW. This Agreement will be g • erned by federal law applicable to Lender and, I. the extent not preempted by federal law, the laws of the State of Colorado without regar• to its conflicts of law provisions, and except tot extent such laws are inconsistent with the 2007 Revision of the Uniform Customs an Practice for Documentary Credits of the International hamber of Commerce, ICC Publication No. 600. This Agreement has been accepted • Lender in the State of Colorado. EXPIRATION. Lender hereby agrees wit Beneficiary that drafts drawn under and in compliance with he terms of this Letter of Credit will be duly honored if presented to Lender on ',r before the Expiration Date unless otherwise provided for abov AUTOMATIC RENEWAL. The term of his Letter of Credit shall be renewed automatically for succeeding elve month terms unless either Bank or Borrower shall deliver written not e of intent to terminate this Letter of Credit within sixty days of the E .iration Date. SECURITY INTEREST. This Letter -.f Credit is secured by Promissory Note No. 2910007015 dated August 4, •020 in the amount of $3,576.66. Dated: August 4, 2020 LENDER: BANK OF COLORADO Timothy W C oissant, Marketi'''President Date Negotiated By ENDORSEMENT OF DRAFTS DRAWN: Amount In Words Amount In Figures BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: BOCC Agenda Item — Full Release of Warranty Collateral for. H & K Investments, LLC - PUDF18-0001 DEPARTMENT: Planning Services DATE: May 23, 2022 PERSON REQUESTING: Jazmyn Trujillo -Martinez Brief description of the problem/issue: The Department of Planning Services received a request from Todd Annand, representative of H & K Investments, LLC, requesting that the Board of County Commissioners release the currently held warranty collateral for Serenity View, PUDF18-0001 in the amount of $3,576.66 held in the form of Irrevocable Letter of Credit #2910007015 issued by Bank of Colorado - Eaton Branch, 55 South Elm Avenue, Eaton, Colorado 80615. 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 8, of the Improvements Agreement According to Policy Regarding Collateral for Improvements Document #2019-0440, have been completged and are found to be acceptable. t. 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. Weld County Collateral List: H & K Investments, LLC - (PL 1919 - #2019-0440) PUDF18-0001 D F 18-0001 Improvements and Road Maintenance Agreement- Contract ID 2388 Irrevocable Letter of Credit #2910006596, Bank of Colorado - Eaton Approved 01/28/2019 Expires 07/10/2019 with auto renewal unless 60 days notice (full and final maturity date 07/10/2019) $19,027.70 Approved 10/21/20 - Released Project Collateral in the form - $19,027,70 of Irrevocable Letter of Credit #291006596, Bank of CO - Eaton $ 0.00 Approved 10/21/20 - Approved Warranty Collateral in the form of Irrevocable Letter of Credit #2910007015, Bank of Colorado — Eaton Contract ID #4117 $3,576.66 Recommendation. The Departments of Planning Services, Public Works, and the County Attorney's Office are recommending approval of the full release of warranty collateral for H & K Investments, LLC - PUDF18-0001, and that this item be placed on the next regularly scheduled BOCC Hearing, as part of the Regular Agenda. Approve Schedule Recommendation Work Session Other/Comments: Perry L. Buck, Pro -Tern Mike Freeman, Chair Scott K. James Kevin D. Ross Lori Saine £mta v&EviaiL \Wm V� (-Y 2023-1674 PL 19 I9 Karla Ford From: Sent: To: Cc: Subject: Mike Freeman Tuesday, May 3O, 2O23 1O:55 AM Kevin Ross Karla Ford; Perry Buck; Scott James Re: #1 Please Reply - BOCC PA REVIEW - PUD18-OOO1 - H & K Investments Approve. Sent from my iPhone * On May 3O, 2O23, at 8:28 AM, Kevin Ross <kross@weld.gov>wrote: I approve Kevin Ross • From: Karla Ford <kford@weld.gov> Sent: Tuesday, May 3O, 2O23 8:26:26 AM To: Mike Freeman <mfreeman@weld.gov>; Perry Buck <pbuck@weld.gov>; Scott James <sjames@weld.gov>; Kevin Ross <kross@weld.gov> Subject: #1 Please Reply - BOCC PA REVIEW - PUD18-OOO1 - H & K Investments Please advise if you approve recommendation. Thank you. Karla Ford X Office Manager, Board of Weld County Commissioners 1150 O Street, P.O. Box 758, Greeley, Colorado 80632 :: 970.336-7204 :: Kford(weldgov.com :: www.weldgov.com **Please note my working hours are Monday -Thursday 7:00a.m.-5:00p.m.** <imageOO2. j pg> 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: Tuesday, May 3O, 2O23 7:5O AM To: Cheryl Hoffman <choffman@weld.gov>; Daniel Mesa <dmesa@weld.gov>; Dawn Anderson <dranderson@weld.gov>; Esther Gesick <egesick@weld.gov>; Karla Ford <kford@weld.gov>; Tom Parko Jr <tparko@weld.gov> Subject: BOCC PA REVIEW - PUD18-OOO1 - H & K Investments ATTACHED BOCC PA REVIEW Improvements Agreement: Full Release of Warranty Collateral Case/Applicant: PUD18-OOO1 - H & K Investments, LLC Karla Ford From: Sent: To: Cc: Subject: Approve Sent from my iPhone Perry Buck Tuesday, May 30, 2023 3:04 PM Scott James Karla Ford; Mike Freeman; Kevin Ross Re: #1 Please Reply BOCC PA REVIEW - PUD18-OOO1 H & K Investments On May 3O, 2O23, at 12:34 PM, Scott James <sjames@weld.gov>wrote: Approve - thanks ** Sent from my iPhone ** Scott K. James Weld County Commissioner, District 2 115O O Street, P.O. Box 758, Greeley, Colorado 8O632 97O.336.72O4 (Office) 97O.381.7496 (Cell) 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. On May 3O, 2O23, at 8:26 AM, Karla Ford <kford@weld.gov>wrote: Please advise if you approve recommendation. Thank you. Karla Ford }� Office Manager, Board of Weld County Commissioners 1150 O Street, P.O. Box 758, Greeley, Colorado 80632 :: 970.336-7204 :: kford(cweldgov.com :: www.weldgov.com **please note my working hours are Monday -Thursday 7:00a.m.-5:00p.m.** 04 bc.c.5 ►* sst( Glatt& et) BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE B0CC Agenda Item — Full Release of Warranty Collateral for: H & K Investments, LLC — PUDF18-0001 DEPARTMENT: Planning Services DATE: December 5, 2022 PERSON REQUESTING: Jazmyn Trujillo -Martinez Brief description of the problem/issue: The Department of Planning Services received a request from Todd Annand, representative of H & K Investments, LLC, requesting that the Board of County Commissioners release the currently held warranty collateral for Serenity View, PUDF18-0001 in the amount of $3,576.66 held in the form of Irrevocable Letter of Credit #2910007015 issued by Bank of Colorado -- Eaton Branch, 55 South Elm Avenue, Eaton, Colorado 80615. 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 B, of the Improvements Agreement According to Policy Regarding Collateral for Improvements Document #2019-0440, 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. Weld County Collateral List: H & K Investments, LLC - (PL1919 - #2019-0440) PUDF18-0001 Improvements and Road Maintenance Agreement — Contract ID 2388 Irrevocable Letter of Credit #2910006596, Bank of Colorado - Eaton Approved 01/28/2019 Expires 07/10/2019 with auto renewal unless 60 days notice (full and final maturity date 07/10/2019) $19,027.70 Approved 10/21/20 — Released Project Collateral in the form - $19,027.70 of Irrevocable Letter of Credit #291006596, Bank of CO — Eaton $ .00 Approved 10/21/20 — Approved Warranty Collateral in the form of Irrevocable Letter of Credit #2910007015, Bank of Colorado — Eaton Contract ID #4117 $ 3,576.66 Recommendation: The Departments of Planning Services, Public Works, and the County Attorney's Office are recommending approval of the full release of warranty collateral for H & K Investments, LLC — PUDF18-0001, and that this item be placed on the next regularly scheduled BOCC Hearing, as part of the Regular Agenda. Perry L. Buck Mike Freeman, Pro -Tern Scott K. James, Chair Steve Moreno Lori Saine Approve Recommendation AgiN Schedule Work Session Other/Comments: From: To: Cc: Subject: Date: Attachments: Daniel N Jdzrnyn Trujillo Martinez; Todd Armand Dawn Anderson; Mike McRoberIL RE: Serenity View Estates Escrow Release Thursday, December 1, 2022 3:19:32 PM Insoect on 12122.pdf Please see attached for Final Inspection. Punch list Items previously submitted have been completed. Let me know if you need anything further from me on this. Thanks, Dan Mesa From: Jazmyn Trujillo Martinez <jtrujillomartinez@weldgov.corn> Sent: Tuesday, October 25, 2022 11:24 AM To: Todd Annand <tannard@hkconstructionllc.com> Cc: Dawn Anderson <dranderson@weldgov.com>; Mike McRoberts <mmcroberts@weldgov.com>; Daniel Mesa <dmesa@weldgov.com> Subject: RE: Serenity View Estates Escrow Release Good morning Mr. Annand, Uhe inspection for the release of warranty co!.ateral for Serenity View has been completed. Before we are able to release the collateral, there are a few items that need your attention. These items include • Correct the emergency access to eliminate its use from residents and contractors • Culverts at accesses are clogged and need maintenance attention Please correct these issues and reach back out for another inspection when the issues are corrected. Please let me know if you have questions or would like to discuss these items further. I have also attached a Punchlist for your reference. Best, Jazmyn Trujillo -Martinez Deve►opment Review Weld County Planning Services 1555 North 17th Avenue Greeley, CO 80631 (970) 4001-3711 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: Todd Annand<tannandPhkoonst►uctipnJIc.com> Sent: Friday, October 7, 2022 9:19 AM To: Jazmyn Trujillo Martinez <jiruji lcnnartinez Thweldgov.corn> Subject: Re: Serenity View Estates Escrow Release .action: This 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. Jazmyn, Do you know if we have resolution or release of this? Thanks Todd Annand H & K Construction, LLC 36107 County Road 29 Eaton, CO 80615 (970) 413-1714 On Aug 29, 2022, at 3:24 PM, Jazmyn Trujillo Martinez <jtrujillomartinezjweIdgov.cpn1> wrote: Good afternoon Todd, Thank you for submitting that request for the release of warranty collateral for Serenity View. I have submitted your request to the Development Review Inspector for Final Inspection. Depending on our inspectors' schedule, I hope he can have the inspection done in the next week or so and I can have the request before the Board of County Commissioners around mid -September. I will keep you updated on dates along the way. Best, Jazmyn Trujillo -Martinez Development Review Weld County Planning Services 1555 North 17th Avenue Greeley, CO 80631 (970) 400-3711 IK{,t tr A I, _,;,1 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: Todd Annand <tannand(&hhkconstructiori c.com> Sent: Monday, August 29, 2022 6:40 AM To: Diana Aungst <daungstMa we dgQv.coru>; Dawn Anderson <drandersort@weldgov,conp; Jazmyn Trujillo Martinez <jtriiji _onlarti tel(Wweldgov.cont> Subject: Serenity View Estates Escrow Release This 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. Diana, Please find this as my written request to release the Two Year Warranty escrow release for Serenity View Estates PUD. Please let me know if you have questions and timing of release. Thanks Todd Annand H & K Construction, LLC 36107 County Road 29 Eaton, CO 80615 Ph: (970) 413 1714 RESOLUTION RE: APPROVE FULL RELEASE OF PROJECT COLLATERAL AND ACCEPT WARRANTY COLLATERAL FOR FINAL PLANNED UNIT DEVELOPMENT, PUDF18-0001 - H & K INVESTMENTS, LLC WHEREAS, the Board of County Commissioners of Weld County, Coloradopursuant to Colorado statute and the Weid County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, on May 17, 2018, the Department of Planning Services approved Final Planned Unit Development, PUDF1 B-0001, for H & K investments, LLC, 36107 CR 29, Eaton, Colorado 80615, for a Planned Unit Development, Serenity View Estates PUD, for nine (9) residential lots with E (Estate) Zone uses, along with Common Open Space and a Non -Buildable Outlot for oil and gas activities, on the following described real estate, being more particularly described as follows: • Lot B of Recorded Exemption, RE -3684; being part of the SW1/4 and SE1/4 of Section 5, Township 7 North, Range 67 West of the 6th P.M., Weld County, Colorado WHEREAS, on January 28, 2019, 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 H & K Investments, LLC, with terms and conditions being as stated in said agreement, and accepted project collateral in the form of an Irrevocable Letter of Credit #2910006596, guaranteed by the Bank of Colorado, 55 South Elm Avenue, Eaton, Colorado 80615, in the amount of $19,027.70. and WHEREAS, the Board has been presented with warranty collateral in the form of an Irrevocable Letter of Credit #2910007015, guaranteed by the Bank of Colorado, 55 South Elm Avenue, Eaton, Colorado 80615, in the amount of $3.576,66, and WHEREAS, staff from the Weld County Departments of Public Works and Planning Services have conducted a site inspection and recommend release of said project collateral and acceptance of warranty collateral for the aforementioned off -site improvements, and WHEREAS, upon recommendation of staff, the Board deems it advisable to release said project collateral, in the form of an Irrevocable Letter of Credit #2910006596, in the amount of $19,027.70, and accept warranty collateral for off -site improvements in the form of an Irrevocable Letter of Credit #2910007015, guaranteed by the Bank of Colorado, 55 South Elm Avenue, Eaton, Colorado 80615, in the amount of $3,576.66 4848574 Pages: 1 of 2 11/06/2020 10:39 AM R Fee:=0,00 %Arty Kcpp.s, ClerK and Recorder. Weld County, CO III I 1 11111 2020-3157 PL1919 FULL RELEASE OF PROJECT COLLATERAL AND ACCEPT WARRANTY COLLATERAL FOR OFF -SITE IMPROVEMENTS (PUDF18-0001) - H & K INVESTMENTS, LLC PAGE 2 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the project collateral in the form of an Irrevocable Letter of Credit #2910006596, in the amount of $19,027.70, be, and hereby is, released, and warranty collateral for off -site improvements, in the form of an Irrevocable Letter of Credit #2910007015, guaranteed by the Bank of Colorado, 55 South Elm Avenue, Eaton, Colorado 80615, in the amount of $3,576.66, be, and hereby is, accepted. BE IT FURTHER RESOLVED by the Board that the Clerk to the Board be, and hereby is, directed to return said project 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 21st day of October, A.D., 2020. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO c ATTEST: C Weld County Clerk to the Board BY: APPR un y • orney t�� 1 i`;��►�!! Kevin D. Ross Date of signature: loe,2,9/2A Mike Freeman, Chair tev 1' or no, Pro-Tem ott K. James 4640574 Pages: 2 of 2 Ci Kop�i,se;as .end 0.. is N county. co �nINV� I� r��41�'IIFdf KIN 0214 Ilill 2020-3157 PL1919 November 12, 2020 CLERK TO THE BOARD PHONE: (970)400-4227 FAX: (970) 336-7233 1150 O STREET P. O. BOX 758 GREELEY, CO 80832 H & K Investments, LLC Attn: Todd Annand 36107 CR 29 Eaton, CO 80615 RE: Release of Project Collateral — Irrevocable Letter of Credit #2910006596 - $19,027.70 and Accept Warranty Collateral — Irrevocable Letter of Credit #2910007015 - $3,576.66 — PUDF18-0001 — H & K Investments, LLC Dear Mr. Amend: Enclosed please find a copy of the Board of County Commissioner's Resolution, dated October 21, 2020, authorizing the release of Irrevocable Letter of Credit #2910006596 held as project collateral in the amount of $19,027.70 to Bank of Colorado (Eaton Branch) and accepting warranty collateral in the form of Irrevocable Letter of Credit #2910007015 in the amount of $3,576.66 through Bank of Colorado (Eaton Branch). The original Letter of Credit in the amount of $19,027.70 has been returned to Bank of Colorado, 55 South Elm Avenue, Eaton, CO 80615. If you have any questions, please contact me at (970) 400-4227, or email choffman@weldgov.com. ry truly yours, Chery&L Ho fma Deputy Clerk to the'B'oard Endmum cc: Dawn Anderson and Jazmyn Martinez, Department of Public Works Tom Parks and Diana Aungst, Department of Planning Services Clerk to the Board File PL1919 November 12, 2020 CLERK TO THE BOARD PHONE: (970)400-4227 FAX: (970) 336-7233 1150 0 STREET P. O. BOX 758 GREELEY, CO 80632 Bank of Colorado Attn: Timothy W. Croissant, Market President 55 South Elm Avenue Eaton, CO 80615 RE: Release Irrevocable Letter of Credit #2910006596 — PUDF18-0001 — H & K Investments, LLC Dear Mr. Croissant: Enclosed please find a copy of the Board of County Commissioner's Resolution, dated October 21, 2020, authorizing the release of the Irrevocable Letter of Credit #2910006596 held as project collateral in the amount of $19,027.70 for PUDF18-0001, H & K Investments, LLC. Additionally, you will find the released Letter of Credit. If you have any questions, please contact me at (970) 400-4227, or email choffrnan@weldgov.com. Airy truly yours, / Cheryl If Hofffna Deputy Clerk to the`t3oard Enclosure cc: Dawn Anderson and Jazmyn Martinez, Department of Public Works Tom Perko and Diana Aungst, Department of Planning Services Clerk to the Board File PLUM Beneficiary shell have no recourse a document which compkes atHetiy w presented by a party or Bentlflclary without Bene paid or disbursed for any reason w such payment. By proeentMp upon lender or e offal, nreeee and un Oerwficlery manta with dl, rho letter of Credit's maximum drawing amount. USE RESTRICTIONS. All drafts must be marked DA7E0 0103-2019,' and the amount of each draft letemen[s or documents required by this Lotter o accompany any draft drawn hereunder. IRREVOCABLE LETTER OF CREDIT teVYat: N i K Imaatmnme. LLC 3@107 County Road 29 Eetan, CO @0816 Denali « : Wald Caw, NO,: 291000.: Ds EXPIRATION OAT Thie loner of credit shell expire upon the close of bus, Cie yep$ documents must be sarxvd to Lender on or before that time tthe Expiratin D. ro AMOUNT OF CREDIT. ender hereby establishes at the request end far the account or ... BeneRciary For n sum o� ptenn Thousand Twentseen 21 70/t0U Deltar9 1819,027.70) itha eveileble to Beneficiary •. Londnr's receipt from Beneficlery et eight drafts Arawn on Lender et Lens.. such address that Lender •y provide Benefidary in writing) during regular business hours and accompanlad v, or documents indicated bola WARNING TO BENEFICIARY: EASE EXAMINE THIS LETTER OF CREDIT AT ONCE. IF YOU FEEL U RLE TO MEt. ITS REQUIREMENTS, EITHER SMG� OR TOGETHER. YOU SHOULO CONTACT BORROWER IMMEOtATELV Tr SEE IF THE LETTER Ur .REDIT CAN BE AMENDED. OTIiERWi8' YOU WILL RISK LOSING PAYMENT UNDER THIS LETTER OF CREDIT F• FAILURE TD COMPLY STRICTLY WITH ITS TERMS AS WRITTEN. DRAFT TERMS AND CONDITIONS. L ar shell honor drafts submitted by Beneficiory under Chu follow Upon Lender's honor of such draft:, La r shell be Cully discharged of Lender's obbgatigna orator 1Na fitter of Credir and shall not be V,I." ed [o make any further payments under Mie nor of Credit once the full amount of trodrt availatda • • Ihle Latter of Credit has bean drawn. ender for any amount paid under this Letter of Ctedl nonce Lender has honored any draft or other of Credit, and wMch on its face appears el wisp in order but which is signed, issued. or through ReneflciarY. or posing as otter of Credit, Lender makes no , for an I the pit ry has no[ end will not present upon the funds received by Beneticiery In excess of Lender: Bank of Colorado Eaton 66 South Elm Avanua 44Eaten. CO 8061 b srFhCaat by' / oq�l RE purporting to act far Beneficlery. Wit aykrg an amount demo in aceer molded and Lander shall not be liable without limitation, any nonepplicat tinWig bank. Beneficiary candle ra UNDER Bank of marked on the make a dray Partial draws ero porrtdtted trader this teller M Crralil. available tttder Ihta Lenor of Credit. Fopowlnp a genital Ma draw noted harm,. in the &temarlve. and to la sure war. shown above. less any partial drawls). PERMITTED TRANSFEREES. The right to drew under this Letter of "017 u , S. The first immediate transfer (in its entirely, but not governmental body (judicial, administrative, or uxecutivel. TRANSFEREES REQUIRED DOCUMENTS. When the pm transfer from a legal re tesenrelive, as described above, documents which show [he presenter's authority to claim COMPLIANCE BURDEN. Lender is net responsible for (his letter of Credit precisely es written. Beneficiary of Credit is amended with Lender's nrfo and till that Lender Is relying upon the lack NON-SEVERABIIITV. If any aspect of ih(s let having jurlsdlction. Lender's entire engegemH Beneficiary shall be restored to the position =occurred. TMs non-severeoili[y provisiu this Leiter o1 Credit. GOVERNING LAW. Thie Agreement win govartad by federal law applicable to Len.r and, to =M t . State of Cokxedo wlhart anal to its conlicu of law provldene, rid secept to the 2007 Revbton a11M UtAfwm CtrN• Mid Freed for Doeumantery Cradita of Ure Inbrnetlonal 600, Thb Agreement has been ea- by Lender in the 91e1s of Cdarado. EXPIRATION. Lender hdreay apr, with Senatktary thm drnfte drawn under end rn compliance wirh tlr terms of this Letter of Credit will be duly honored if presented to In on or a#we the Expire6on Oate uNa»s otherwise provided for nhove, SECURITY INTEREST. This let t • of Credit is secured by Promissory Note Na 2910006596 dated May 22, - 18 in the amount of 472,162 70 AUTOMATIC RENEWAL. Tha m of this Latter of Credit shall be renewed automatically fur succnnding twety or Borrower shall delWer wrt �n notice el Intent to terminate this Letter of Credir within thirty days of the Exidrat Sh3 IRREVOCABLE LETTER OF CREDIT N0. 2910006596 Beneficiary may complete a draft end eccompenying Letter ci Credit This orlglnal Letter of Credit must a partial draw shall corraapondfnply retfgee the amount of credit return [his orlo al' Letter of Cradle Iq Renaticiary with the garnet Credit to Beneficlery In the amount legal representative to a third party after express approval of a (il by operation of law iii n third party receiving copy of the one fir more oral body nder and r pr Credl[ lad never uch provision appears not preempted by federal Iew, the chime era inaonsbterlt with the of Commerce. ICC Publication No. Dated: Jenuery 3, 2019 LENDER: SANK OF C N 11.4diett^tt Ay_ hat ENDORSEMENT OF DRAFTS DRAWN: Amount 4t Wrrfdn s unless either Rmrk Amount tit, tY�ixrag 7'I.._(J CLERK TO THE BOARD 1150 O STREET PO BOX 758 GREELEY CO 80832-075E °ti�1r �wvr+vw=op _ r r..wrrwti.rw,p "' 1 MrwwaM�+.r 1��+� MwNel7 wrn+N f �sn 1di��3a 1IVA QAHILH 3 sr, CERTIFIED MAIL MINIM 7017 1450 0000 9675 2798 BANK OF COLORADO ATTN: TIMOTHY W. CROISSANT, MARKET PRESIDENT 55 SOUTH ELM AVENUE EATON, CO 80615 r Parr Y.,01 0.rridrirorthimins Jr do wow lrlidtl rlr. rrdlr)gn r ArrOANtlrldtribe broltrl. intrir y oat nr ronr r opor o..rr. a ibrearrds Ailiti:17AACOPrO,eneerWrir ' J6 5644 A+iO F�4-►v�?CO fraGiO" IIWI III IM�IIIIIIIIIII 958094024445 8248120908 l rrWr/bYMad.. O.a..«oitaY n 1�.s�rderrar.r+=1, GvM r'wRwedrr,rywarrer..a Dw a Naarnuor�rm+rewrm.r.dr.ra.i nn°a`�we�,`��d� _ �rrnifw'dw�rr �Io611wirn 7017 yg50 DDOD 9675 2798 w�i�iriwrwew+,' re�lY . �racroim.W71..Mry$p10pN7pp.ptgp� awrr,rir..��..' - , "WNW. IRREVOCABLE LETTER OF CREDIT Borrower. H a K fineetrnerrt, llc Lender sank d Cebrado of t0T County Reid 29 Eaton err i Eagan, CO safe aS Seetlr Err AYear Eaton, CO a0a16 (fT0) tetA00 Benefldery: w.a county 1111Ha41 tire.ty, co 91xu NO.: 2910007015 EXPIRA non DATE Ih» feast of asap shall aspire upon die dose of ban. on 08-04-2022 and aH drafts and accompanying statements or documents must be presented t0 Lander on or before U»l ante (the "Esphebon bete"). AMOUNT OF CREDIT, Lynda hobby edteblbhae al uhf ngeast and for the SWAMI of RonnvMr, en Provo,. I atter of Credit In ergot of r»Feiary RN a sum of Three Thousand Five Hundred SeaertNe rt 8 GSM 00 Oa. [tJ.87g,s6) Sea '1eKer of CredAry These fats shed be made tal"V fA B nfrenen epee y7o nreelpt bent geMbdary d eight MAIN drawn do Later el UM"' eddr e; hldirAled Move (or oast tech ad ocu erft LdIcet may pravids 8enefiWty lo wrRrq) during ropWr btrreea I+outs and etrrrrparsiad br a» Sigrid wrdtan etrlemant or docwnaMs rtdtcskd below WARNING 70 BENEFICk1RY: DLEASE EXAMINE THI$ LETTER OF CREDR AT ONCE IF YOV FEEL UNABLE 70 MEET ANY OF 1TS REQUIREMENTS, ERHER 91NOLY OfL TOGETHER, YOU SHOULD CONTACT BORROWER IMMEDIATELY TO SEE IF THE LETTER OF CREDIT CAN BE AMENDED. OT)ERYYISE, YOU WILL RISK LOSING PAYMENT UNDER THIS LETTER OF CREDIT FOR FAILURE TO COMPLY STRICTLY YvfM I6 TERMS AS WRITTEN. DRAFT TERMS AN0 CONDITIONS. Lender shall honor drafts submitted by Benendary under the following terms and conditions'. tRaR 6endrtra hoer« of was Maas, Leader eheN M lusty dbdl.gnt of Lender's otltlMtlEgNrr» under pats Letter d CrWk et Shea not M obNgaled to maize tiny turner paymersla utdn IMa Leiter of Credit «rah rte full amount of create aYwbMe under eUa UDx d GtetAl has Men dTAwd, sanarrobry Shea expire no wows* against Liar ko any amount paid water ate Loner or Canal W. Lon. has nano. arty *et w obit Womb a wash own.. *klfy Marls Das Labor of COWL era sat. an of bee mows oarerMaw in ads( but +Mich a sgnad, barred. a POW. br o park « wider ate name d a lba" ourparbng m fcf for Mnsddary, ptspwirg orb darn aeagh Der e6eiaey. « pod, as Dena., wehaA ffene6nays anhadtabon sy prey*. an amount Wow., n aoeordanee with bib Lein of Credo Larder makes no npresemahan ee b me orrr.. d p» *mount dsmuged-and Lender ant not loo bet. So « My oaar parson, tar try amowul pea «drbrrrew f« any me m wnetaoevor. Include. without Nmeerion, try natagtbaben c M =ktary d a» rules. of aurdr paimlyd s1 praedaaap tbOn Later a a sonar.. bmti. benalpary aroMs brM a not end. ngt preoeM upon as etlfer. Web and ante enWklary meets with .1000, &mho. loom. a maim a tends try Mtn received h Se tor# ay b mess of the Latter of Cretan mos.= Mankq amount. USE ftlSTRfa;tWllS. Aa exalts aaM be marlyd 'DRAWN UN@E'R Bank M COrradO NWEiN)CdBLE LETtER DF gtEO)T NO 2gitX10701i DATED f16Wh2020." std bin arrears d aaah MfR tlwl W rrtsA»d on ere drab Otlfy Benettelary may rnnrplar a d d • rkaR and scoampYrS theme. documents required by this Leber Cm. end make a drew under tfria Leger of Credit rhr orgatai Letter of Crethmmust acsonpwty wq Mad careen trrounder P.. draws ere panned under this Letter of Credit lemMrs honor of a ear. draw a1W conetpoMrtply nature me rnaert of camel avwkrbls render If W I.etrr d CradR FoSowkq a Patsel draw, Lender ant nWm 1Mf agaW Littler el CredA b BM»Atsary w+er M pouted draw noted ftefeoa. r are aiMrneava, at rte Na sot dlsrJeuon, Loader may Isere a MrbebnAa LMIn d Create b 8or»fidsry yr are wrrouni PERRITTED TRANSFEREES- The right morns under this Letter of Credit shall be nontransferable. esn epl for: A. A bartefat (M Af ertrNy, MA rsat n petit W WrwCL O¢IMetbn of few to me arlminNtranx, asead«, -ptcy frwlea, nsceiver. equidat«. ettaMos«, a oN« represarasiNs at taw of ma af(grnal Baneaciary; and The Snit mood. Iwo* ca as ob., but not in par} by such Iegar mores... b a.. party a. memos approval of 9overrenenW booty gss.M, dmsnel e.e. ate ...el. TRANSfEtaEE a R iafeTp DO adreC' TS. WMn ate re".: air b a penndlad "isles cN bl aparaUon of new « (at a awd par. tocerraq trar+da ken a taSai repedaAWrp. es dasrnbW abevr, erg doNrtrenb repwW br a Maw flop rlttnree a efrldrd copy of the one ate rerun marnerrr eh. steer aM preteen eA a dm. to diem thretgn or to act Wet Mronty for. adding sersaMiery CCSMUAfICE MOM Larder o fall nabob. br any anpowbatty « of err denary w abb..Odd comp., with the requirements of tae Leper of Cm.... se worm. (hum wary wderNads. and eektawledgae c0 that t.“ art urn aM p stunt word. d Ihr lebsr d Crain t emwelW wet Lasrdefs prier wrblen rbhnefm, ate 0tndar d corepylq''''' wdth watt "e"1" rerrraina it upon BanMlduy, wad tea) awf lsMa r reWMg wan a» leaf d wait amwrdmanl as cambiuttrq Rass9dery'a eubal hied d«rWwal appsvai d watt wonrrp NONisVERABs ttY. N any eefied d Ow LW* of Credit b sow declared amerrforoe . for any Moon by any aart « abasbaw rW lady leaving sf�NUdkbo++. Lendet, errrw agbabond under Mr LOW W Cg6t shall Oa dewmnt nW and void orb Wt.. end both LArd« and Berwica ry seal M robbed b to potation each wauM hays occupied with rights wobble aa Omagh NO Lwow of Crow bad never accreted Th» nOmi.... baboon stoat override orb Mar prerbgns in this (toter d en. no mean where such pindeon aopews eHC«t. ;;,tit L.)ie. vT Crwil OOYMNINO IT ilex AgrewneM teal se .stases e► MIaN run eppscaeb to under aha to ass ateM not pteanFYe b krb' low, Na Imo d the SIa4 d Celwab ellherA rlgrd b hie eadYeee d tout prsvrbrs►, fM sestet b ere eaWA aurdr tows ore tetaserhM Ovals she .07 Rsrlsra d a» Urtsarm Cugoas sad beetle for Desweau. haste of tea rarnaibnM Chamber d Cantons, ICC PWlkaeen No. 500, Mk Aarownont Rao hose accepted by Gnaw r err Scats d Gatorade. EID IRANDO Later hereby agrees with DMeRCWy that draft drawn under and In cpnpameos with be terms of this Letter of Credit will be dWY hObored If pr... Co Lon. on or before the Expiration Dale unrhs °Mendes Mdwdod for above AUYOMATIC itEREWA4 TM amt of this Lazar o/Cteda ehaN bit Mnwgd alaenAoeeey for araeeeerkrip hrewe month terms unless either Bank orDarmwer .ball :Hasa carmen n.r. of intent to MnYrtrwta this Lelia of Capin w.tn n sixty days rN the EaM»ron Dale. SECURITY INTEREST. Tills Letter of Credit le secured by Promissory Nola No 2910007015 dated August 4, 2020 in the amount of $3,576 66 D... August 4, 2020 LENDER: BANK OF COLORADO terms" YleMtny W eruT«nl� � MNQrr1I ENDORSEMENT OF DRAFTS DRAWN: Amount IP illr BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW/Regobr Agenda REQUEST RE: BOCC Agenda Item — Reduce Project Collateral to Warranty Collateral For: H & K Investments, LLC —PUDFIB-0001 DEPARTMENT: Public Worm DATE: August 14, 2020 PERSON REQUESTING: intagidullkadidthgt Brief description of Use tune: The Department of Public Works received a request from the epplicant, Todd Annand, on behalf of H & K Imrestmenta, LLC, requesting that the Board of County Commissioners release the currently held project collateral of $19,027.70 for improvements related to PUDF IB-0001, and reduce it to warranty collateral. Warranty collateral and collateral for seeding in the amount of $3,576.66 is required to be held for the duration of the warranty period. We request the Board approve the release of the Irrevocable Letter of Credit M2910006596 in the amount of $19,027,70, end accept warranty collateral in the amount of $3,576.66 procured in the form of Irrevocable Letter of (credit 92910007015 by H & K Investments, LLC, 36107 County Road 29, Eaton, Colorado 80615, and guamrrteed by the Bank of Colorado — Eaton Blanch, 5S South Elm Avenue, Eaton, Colorado 80615. Weld County Public Works and Planning Department performed a site Inspection, at thy above -mentioned site, and observed the following: • All Rents on Exhibit B, of the Improvements Agreement According to Policy Regarding Collateral for Improvements Document 92019.0440, have been completed end are found to be acceptable. Bob Choate/Assistant County Attorney has reviewed the Improvements Agreement and Collateral requirements and recommends thistelease of project collateral and acceptance of warranty collateral. Must options Wit for the Board? 1. Have this BOCC Hearing item be placed oar the nest available agenda as part of the Regular Agenda. Wets Cat. Caul Lb: H ti K Investmenb, LLC - (PIA 919 -0201&0440) - PUDF180001 • Improvements and Road Maintenance Agreement — Contract ID 2380 Irrevocable Letter of Credit 0129100013696, Bank et C0loredo — Eaton Approved 01120/2019 Expires 07110/2019 with auto renewal union 60 days nodes (full and final maturity date 07/10,20/9) $19,027.70 Recommendatba: The Departments of Public Works, Planning Services and the County Attorney's Mice are recommending approval of the release of full project collateral and acceptance of warranty collateral for H & K Investments, LLC — PUDF 18-0001, and this item be plates on the next regularly scheduled BOCC Hearing, as part of the Regular Agenda. kildidusidemlu Mike Freemen, Chair Scott K. Lines Barbera Kkkmeyer Steve Moreno, Pro -Tom Kevin D. Kass F 2020-3157 10/21 PLIcn9 IRREVOCABLE LETTER OF CREDIT BOTrOwar: N i K Artveebrrarrb, LLC asfoT Counts Rad 20 Eelon, CO 00610 Beneficiary: weld Coanry 111 N Str.et ar.el.y, co eaa4 NO.: 2810007015 ErMiniON GATE. This hoer of nti ol! sot upon tlro'lo�s of bu6lnesS on OB-04-2022 end pll tlreRa end aceompanying otarem"' ar decumenb must be pmented to Lender on or rot: That Ilma 'Art, Dal/") AMOUNT OF CREDIT. Candor hprdby asloWlehee al the roqueal and for Me account of Borrower, an IrevOcabM Letr of Credll in %Z o! B/nelciery fore sum of Three Tlwwend Flve Hundred 5ovenyahi A 88/100 0= (53,57fi 88) (the "L/Kr of Credit'}, TTteso o'/I1 oho i he made swilable to Benefldary upon LenolV ece10! hem Oenefidery of slpnt draAs drawn M Lender at Lendore addMsa +RtieONM nMve (er oMtt each im D/et lands, may prOvkM BeneOeiary h wnbng) during raga:, business hour and accompanial by Me signed written "trim"' si0fcsled hebw WARfpNO TO BENEFICVdtY: PLEASE EXAMINE THIS LETTER OF CREOR AT ONCE IF YOU FEEL UNABLE TO MEET ANV OF ITS REQUIREMENTS. ERHER SINOLY OR TOOETNER, YOU SHOULD CONTACT eORROtAER IMMEDUTELY TO SEE IF THE LETTER OF CREDIT CAN BE AHENDEO. OTMERyyISE, YOU vNLL RISK LOSING PAYMENT UNDER THIS tE1TER OF CREDIT FOR EPICURE TO COh1PLY STRICTLY Lards: Bent M CottModo Eelam Branch eS 9ouM Elm Avmw Eaton, l° 00016 (eT0U 404.1000 DRAFT TERMS AND CONDITIONS. Lender shell honor dratla aubmttted by BeneGolary under the following terms and oanditbrr: upon Lamer/ hen« of UrAdr Arcadia Lardy to ate i:0" tRaal= a1 Lenders "'elm krTa under Duty teller of Credit and shell not De yon. b nrke cry fiatMr paymatta tatrkr Uus LOtiat of Credit «ice Ifra tuB amount ol'r�Il evoG/bh war tNe tenth, el Credll has been drawn. Benefictrt eha8 have no nwrase egeatsl Lender br any amour. paid under Mis L/Kar of Cretllt ones Lerrdr lac nanond arty draft or o0wr document which eompMs abtdly with Ibis Leiter of Credit, and which on tis face appeen otltenWse M order but which w apnea, cawe or presented by a parry or under Ms name of a party purpoding b act for Benalndary, ptrtponkp to dskit umoo onoschry, « frosNW se AenMdpry tv4lrpeA Ye.rlwry'a tn0tr0rfra0on By pay4q ate smdad daor,aW n aceenfande NktiU 00a L4tisr of GedR. Candor malls ro reprissAshon ss so are c« sospsa at the amowd damaraad era Lander oho nobs Now w « any attar parson, br any ono. pad « disbar. fee any RI80 a0 Wheleo/ra., welUOW rtal., say nrhp or..r es by 6me5c elf of M praosrds of audt Aatwnem Frees++0ng tvon t«ar « a con Oats. BerrAaary osNMs Drat na and vA0 mgt pMwrt upon ea sate, wRta/ foot.. ftooff chry root.... doh . fMmr.ofv Prongs/ b mum b LW* any Nelda reteiwed by &rnitkwary N eaepae df the tattler of Credefs maximum drawing amount. IIAF RFATRMTN111A AA r}wAe milAl hie manknrl "fTRAIyN IINITFA Rank of f;nkfrMn MRFV(X7IRI F 1 FiTFR t1F (aiFMT Nf1 7R1fKlr17n15 DATED 0&04-2020," end Die amoum of each drag shat be marked on Me dren. Only B/nefidory may w le% p draft and aocomp1;1: stalamed/ or docxerits required by nth Letter of Credit and make a draw undo, thla Letter of Credit This engine' Letter of Credit must aocanpmY any drag drawn bereuridsr. Pares. drawn ere panrreled under Due Lefler of Credit. loafers honor o! a panel draw atop cornepordirgy redura the emawt of credit avakade under Uric Letts of Cedil Followkig • parcel draw, Lade, sMll arum Min original LaDer of Cr.dlt h Oaieficiary wIM Ma partiel draw not.:orison: M Ore afiamnKWe, and In As sole discretion, Lender may blue a substitute Letter or Credit M Beneficiary In Me amount shown above, leas any pasMl dre(aF. PERMITTED TIUNEFEREES. The right to drew under this Letter of Credit shall be nontransfemb s, except for: A. A hander pre ks eritlrery. but not in pan) by and openllon of hw m Me adrmnNt'"' saecutor bankreptuy huslee, rerehrer, IlquWator successor, «rots, npnsenleWe /t Ipw of Me original Bon4firJpry; end B The Rrel immedlele hamster Qn Ks emtrery, but rat In pan) by such legal re°-11la8ve 10 a Ddrd party alter "Pr— approvel of a povernmenht Doily QrrdlrJM, adminiatrs:vat, « eKecubvs). TRANSFEREES REQUIRED DOCUMENTS. WTMn Mo presenter Is a Pr.,. Demise,** (r) by 000mbon of law m R a Dud Pt. receiving DamfM how a iht wth""t srlative, n de=a1:above, the documents r tr: fora draw ene0 krdrrde a mrtitbd rap" of fire see « men documents rAiltdt /how tine pre/sntera auerortry to rd/Im Mrough or b nsol with aulhodry for the original Bsn/firisry. COWUANCE WIDEN Lad,* is n0l iespun.e for rely impuesiWNy ur vtlw diMoulty in ads oviry strict wnryrlo sw MTh the rtpuhumturhr of Ida lap« of Cr. posits, as written. BenOfidery u. sestands aid acknowledges: Millet unties and until Die paean wailing of this Lotter of Cradle is stmrdad eats Lenders polar written edn/ent tb bidden 01 I:OIIIpM/Nlg sinepy w8h sad. ==.111, sy tetrt finalfdary. and !� Dot Caxton is reA'hg upon sit hdr d /udi smondnienl // otrMtltirNniT DeneOciays meal sal war vvoMlrg NONJEVERABILD, tf ant as0oet of . Uttar of Credit N sear dear. un/nbrce.i for any nston W rry ewK a W body having judbiglort, ant axvtlea /Agagemarlt umler Dda LpRar of Ctrkl /has do Aaarned sus and void ab anlq, and�DOMw L�errdK Md Bane foi/ry shag be restored b the position such woad have occupied with elf dghte avellat ia Mough this Leber of =l bed never occurredThis nor,-severablliry provsion shall override all other provisbns in this Letter of credit no matter where such provision appears w atm Mel WON W LURK IiQYERfi1/3 LA1M. TMs AyermaM oriel fro govermd h Mdarel hw applkMle to Candor and, ie the aaelen rat pnsagrMd by IederM law, tiro law/ d its wale d C/1/eaM ,,rani,/. rOaN to tt/ caMkb d law pr.vlelen., aed /xupt to tine amne educe .awe M Ynenrmht/nt wltH Me 20D7 Mir d tits UnNbsm Crntam and Practice for Docwnarltary Credits of the l.r.orW Chan. d Commerce, ICC Publication No. 000. Mir ha. aen aoc.pt.6y land, ti Ur. 91ats of Colorado. EJtflRATON. l.ar . -D, obese wits BaMNdary Mot dnfi/ drawn under tvd M osmprlrlw with Me Nnns of thle Cedar of Credit wet be duty lon0tid M Mee0nild N lender Orl «before Die EadrallOn Dale unhsa olllenwN pevW. f« above. AUTOMATIC RENEWAL, The term of Mi/ Letter of Credll shall be renewed au.amsbrally for de= twalw riot terms unhae either Bank or torrower snarl tlegvr wmten notice of Unbent to lermlrtala this Latter of Cntli! within azty days of Ma Ezplretlon Date. SECURUTY INTEREST. This Letter of Credit is Seamed by Promissory Note NO 2910007015 doted August 4, 2020 in the amount of 53,578 88 Dated: August 4, 2020 LENDER: DANK OF COLORADO f ! molly t1S�ro�iw fleOgWlledi 9t' ENDORSEMENT OF DRAFTS DRAWN: Amount xl 4yaM! Amount iC f�V!44 Fes: ItS01a0soD To: ladittaml subjatd Serenity view PUDF18-0001 Release Process Dab: Wednesday, Menh 11, 2020 2:29'29 PM AtWdereents: kl1M121410 Todd, All items on the punch list have been completed or provided except installation of the Knox Box and stabilization/seeding of the drainage ditches and outlot berm. We can move forward in good faith, understanding that the Knox Box will be installed once construction/hauling is complete. I would like notification when the Knox Box is installed. To begin the release process you will need to reach out to Dawn Anderson and request the project be released down to warranty collateral. As discussed previously, the County will need to retain 100% of the seeding collateral$850); all other items in the cost estimate will be reduced down to 15%. The amount due for warranty collateral totals to $3576.66. A new letter of credit will need to be submitted for the specified amount and should not have an expiration date or an expiration minimum of 3 years. It will be your responsibility to contact Public Works when the warranty period ends for a final inspection. This inspection will require you to correct any items that need to be maintained/improved. Included in the correspondence are Dawn Anderson (Development Review Manager) and jazmyn Trujilo-Martinez (Improvements Agreements). Please reach out with any questions. See below how the warranty collateral amount was calculated. Current collateral amount: $19,027.70 Current collateral to be reduced to warranty (15%): $16,177.70 Warranty collateral: $2726.66 Warranty collateral + full seeding collateral: $3576.66 Thank you, Trace Anderson Development Review Public Works 1111 H Street Greeley, CO 80634 tond ersan c weldgov. com. tondersoncWco. weld.co,us Mobile: 97a 397.4515 Office: 970.400.3714 I 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. 4 BOARD OF COUNTY COMMISSIONERS PASS AROUND REVIEW/Regular or Commit Rearing Agenda REQUEST RE: BOCC Agenda !teat - Appr+ove Improvements and Read MNateaaaee Agreement for: H & K lmestmestb, LLC — PUDF l $-0001 DEPARTMENT: Public Works DATE: January 9, 2019 PERSON REQUESTING: riallagbang Brief daeriptioe of the blue: The Dbpastmeet of Public Works received a request from the aplicaot, Todd Armed/ H d: K loves6Qreats. LLC, requesting 'bathe Board ofCourtty Cammiaeionetaconfider apptaviag the Improvements sad Road Maintenance Age intent 1 (PUDF1B.0001). Collateral, la the amount of =19,027.70. is milked with Ibis mom* for On-9ilo ltaprovaaaab, and hest been admitted 6t the foam etas 6rerosuhie Letter of Ceedlt l2910006i9i6. by d: K lovestmeeds, LLC, 36107 CR 29, Eaton, CO 80615, mod goaraileed by the Book of Colorado - Baton, SS South Blm Ave,sa l3mtoo, CO 80615. Weld County Public Works, Planning Services and the County Attorney's Office have reviewed the shave-meotiosled signet original document and obaeeved the following: • All Public Works related items, of the "brrprowwentr & Road Maintenance Agreement According To Policy Regarding Collateral For broproreetwat , are foetid to be acceptable, • This Agreement complies with the tens of the Use by Special Review Permit Resolution, as signed by the Hoard of County Commissioners. What options eebt for the Board? 1. Have this 'MCC Rearlag itano be placed on the ueut available spade se pat of the Comment Agenda. 2. Have lids BOCC Swig lbw be planed on the slat available agenda a peer of the Rep ur Agenda Recowmaeudatiee: Option 1. The Departments of Public Works Wanting Services mod the C.ouety Attorney's Office are recommending approval of the brmrammares A Road Alalnrsnanco Agr nmwnr According Ter Palley Resonators Collateral For Iutprwurmentr foe PUDPt11-0001, end that this item be placed on the next regularly scheduled BOCC Hearing. se part of the Consent Agenda. Alan Peiesiduainat tJhht icemme ; San P. Conway�,� Soon K. Jams Stew !Ammo Mika Freeman, Pro -Tan Berbera Kkknnyer, Chat _r _ cc Rat7JleP)•Pt.0O011koj 2019-0440 ©91055? li c& -0146"4"(p&) s IMPROVEMENTS & ROAD MAINTENANCE AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS H & K Investments, LLC PUDFI8 0001 THIS AGREEMENT is made this 41_ day of j 2019, by and between H & K Investments, LLC, whose address is 3610729, Eaton. Colora o 80615, hereinafter referred to as "Property Owner", and the County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, whose address is 1150 "O" Street, Greeley, Colorado 8063 hereinafter referred to as “County." WI [ NESSETH: WHEREAS, Property Owner is the owner of the following described property in the County of Weld, Colorado: Lot B of Recorded Exemption, RE -3684, being part of the SWl/4 and SEl/4 of Section 5, Township 7 North, Range 67 West of the 6'I' P.M„ Weld County. Colorado hereinafter referred to as "the Property," and WHEREASProperty Owner has received Board of County Commissioner approval of PUDF 18-0001 for nine (9) lots on approximately 59.3 acres, and WHEREAS, Property Owner acknowledges that the final approval of PUDF I8-0001 is conditional upon Property Owner's funding and/or construction of the on -site and off -site improvements and road maintenance described in this Agreement and depicted in the following incorporated exhibits: Exhibit A — On -Site Improvements Costs of Construction, Exhibit B On -Site Improvements Construction Schedule, Exhibit C — Construction Plans, Exhibit D — Plat Map (recorded simultaneously with this Agreement), and WHEREAS, Property Owner acknowledges no building permits will issue for any lot described in pup, -0001 —rtiN.utaand ianu WHEREAS, Property Owner acknowledges that pursuant to the provisions of Weld County Code Sections 24-3-80, 24-4-70. and 27-8-60, if no construction has begun or no use established within three (3) years of the date of the approval of the final plan or plat, the Board of County Commissioners may require the Property Owner to appear before it and present evidence substantiating that the development has not been abandoned, and that the Property Owner has the willingness and ability to continue development, and WHEREAS, the parties agree that the Property Owner shall provide collateral for certain on -site (if applicable) and all off -site improvements required by this Agreement when the Board of County Commissioners approves this Agreement. NOW. THEREFORE, IN CONSIDERATION OF the foregoing and of the promises and covenants contained herein, the panics hereto promise, covenant and agree as follows. FART J: SITE SPECIFIC PN.as°lSlohs H&K Investments, 1. LC - PUDF18-0001 - IA " X11 44t3357s Paoss: 1 at a 01/31/2019 10;22 At1 R F�e'.3a.00 OC(/� 9 1 " S�rlr Kupp�t, CI�rM and prrorMrItelA County C0 1iiir��lcs��',r erifl�r, ah��a�tr K��ii��+ lull A. Off -Site lmntrovetneat;B The Property Owner shall be responsible for the construction of certain off -site safety improvements required by the Board of County Commissioners, which may include, but are not limited to: construction of adequate turning radii of sixty-five (65) feet at the main entrances and exits which extend into county road ROW connecting to the county road system, and off -site drainage and signage installations, as indicated on the accepted Exhibits. On -Site improvements that create more run-off than the historical amount may require off -site drainage improvements to roads and ROW. B. Ott -Site Imnrovemettta: Property Owner shall be responsible for the construction of all On -Site Improvements as shown on the accepted Exhibits of PUDF 18-0001. Improvements located on the Property shall be considered "On -Site Improvements." 1.0 On -Site Improvements Responsibilities. Property Owner is solely responsible for all designated improvements. These responsibilities include but are not limited to the following, as applicable: design, surveys, utility locates, dedication of ROW. if necessary, ROW acquisition, if necessary, ROW and Access Permits and fees, coordination with oil and gas operators and facilities and affected irrigation facilities and utilities, traffic control, and project safety during construction. Property Owner shall at its own expense. plant. install and/or maintain all grass and other landscaping and re -seeding where applicable as shown on the accepted Exhibits. Property Owner shall obey all applicable regulations issued by the Occupational Safety and Health Administration (OSHA), Colorado Department of Transportation (CDOT), Colorado Department of Public Health and Environment (CDPIIE), and other Federal, State, or County regulatory agencies. 2.0 Qp:Sittgirading. Drain= Facilities and Paving. Property Owner shall. at its sole expense, grade and/or pave, if applicable. specified roadways, accesses, easements and parking areas. and install accepted drainage and signage components, adjacent to or within the interior portion of the property in accordance with the directives of the Weld County Department of Public Works and Department of Planning Services, as further described in the accepted Exhibits. Any other on -site improvements shall be completed as indicated on the accepted Construction Plans for this PUD. Some of these improvements may include work extending into State or County ROW in which case a ROW or access permit is required. 3.0 Cost of Construction Exhibit If applicable, A registered Colorado Engineer or equivalent must sign and stamp the construction cost estimate on Exhibit A. If more than three (3) years have passed since the last construction cost estimate was provided, the Property. Owner shall provide an updated construction cost estimate prior to the start of construction. 4.0 Construction Schedule Exhibit, Exhibit B provided by the property owner indicates the construction schedule for all on -site improvements, including an anticipated completion date. Property Owner shall not commence construction of improvements prior to approval of this Agreement, including the attached Exhibits, and receipt of the appropriate Grading Permit, Access Permit, and/or ROW Permit. if applicable. Property Owner shall substantially complete all improvements in accordance with Exhibit B in order to request the warranty period begin. In the event that the construction schedule is not current. the Property Owner shall submit a revised construction schedule. 5.0 Ott -sits Improvements Collateral. Collateral is accepted and released by the Board of County Commissioners pursuant to the Weld County Code. In order to receive partial or full release of collateral, Property Owner must contact either the Planning Department who conducts inspections for all on -site improvements. and/or the Public Works Department who conducts inspections for all off -site improvements. If all improvements are determined to be in accordance with this approved agreement, the Property Owner may submit either new or revised collateral documentation to the Public Works Department. Then Public Works submits the documentation to the Clerk to the Board's office, for the ux•t+ .,•+ "+ PUDFIr-0001-IA 4463575 Pages: 2 of 27 It 01l3tl2019 10:22 API R Fee.$0.00 "arlY !t�M= Clerk orb B�aorder, Weld Go��nl r, co k VIC11,,+4* BO 11111 request to be placed on the BOCC agenda. Additional information about collateral is outlined in Part II.B of this Agreement. 6.0 As -Built Plans. "As -built" plans shall be submitted once the Property Owner has completed improvements as described in Part II.B, Subsection 3,2.3. of this Agreement, Property Owner shall provide an electronic copy of the as -built drawings. The as -built drawings shall be stamped, signed, and dated by a licensed and registered Professional and Surveyor or Professional Engineer. C. Maintenance Reauiremeots: 1.0 Property Owner shall be responsible for maintaining all common elements, including on -site `'internal" roadways and drainage features within the PUD. Property Owner shall also be responsible for certain maintenance requirements related to the following designated County Roads (the "travel routes"): County Road 84 between County Roads 15 and 19 2.0 Dust Control. Property Owner shall be financially responsible for its proportional share of dust control on unpaved designated travel routes after completion of construction. The amount and extent of dust control will he determined by site -specific conditinns at the time, as determined exclusively by County personnel. Dust abatement along the travel routes is expected to occur approximately two to five times per year. Dust abatement is required for roads with more than 200 vehicles per day, per Section 8-6-100 of the Weld County Code. 2,1 Dust Control During Construction, If necessary, as determined by the County, the Property Owner shall cause to be performed within 30 days of notification, at its sole expense, dust control by a contractor approved by Weld County Public Works during the construction period of the development. 3.0 Kenai, Property Owner shall be financially responsible for its proportional share of excavation, patching, and pavement repair on designated travel rattles. The amount and extent of repair will he determined by site -specific conditions at the time, as determined exclusively by County personnel. 4.0 Calculal on Of Property Owner's Prorottional Share of Costs. For costs which under this Agreement which are not the sole expense of the Property Owner, the County shall notify Property Owner of County's preliminary determination and assessment of Property (loner's proportional share of costs of maintenance and/or repair to the travel routes. Prior to County's final determination and assessment, County shall provide Property Owner with a reasonable opportunity to review, comment upon and supplement County's data, collection methodology, and detemtinations. The County shall review and consider Property Owner's input prior to making a final determination and assessment. The County shall have sole responsibility for determination of Property Owner's proportional share of costs. Property Owner agrees to pay such proportional share of costs within 90 days of receiving an invoice from County. 5.0 ommal Road inspection. County may conduct a road inspection annually with the cooperation of Property Owner and all other Property Owners and/or Lessees who are required by County to participate in road maintenance agreements for the travel routes designated in this Agreement. Asa result of the annual inspection, County, in its sole discretion, shall determine actual conditions and shall further determine what road repair and/or maintenance work is to be performed during that construction season. Notification to the Ptupetty Owner of the required roadway repairs will be given as soon as the data become available. PART It: GENERAL PROVISIONS H&K Investments, LLC • PtIDF18-0001 - IA I 4463516 P•y.s: 3 of 21 0t/�lr'tat8 t0�22 AA R Gra:10.0+i c.r., ROOws cl�rM end 1►raaorrhr weld noun:,. c0 �IIIIihICttlAt: Iigliliflfllii1 .341 01101.1,VJaili II III A. £aeineeriate and minted. Requirements; 1.0 engineering fleryices, Property Owner shall famish to County, at its own expense, all engineering services in connection with the design and construction of the off site improvements and all on -site drainage -related structures if required by any Municipal Separate Storm Sewer System (MS4) permit. identified on the accepted Construction Plans according to the construction schedule set forth in the construction schedule exhibits. The required engineering services shall be performed by a Professional Engineer and Land Surveyor registered in the State of Colorado, and shall conform to the standards and criteria established by the County for public improvements. The required engineering services shall consist of, but not be limited to: surveys, designs, plans and profiles, estimates. construction supervision, and the submission of necessary documents to the County. 2.0 Rjghts-of-Wav and Easements. Before commencing the construction of any off -site improvements herein agreed upon for public ROW or easements, Property Owner shall acquire, at its sole expense. good and sufficient ROW and easements made necessary for the improvements. The County will not exercise eminent domain on behalf of Property Owner. All such ROW and easements for the construction of roads to be accepted by the County shall be conveyed to the County on County -approved forms and the documents of conveyance shall be furnished to the County for acceptance with express written authority of the BOCC and recording. 3.0 tot truction, Property Owner shall furnish and install, at its own expense, the improvements (and any drainage -related structures required by any MS4 permit) identified on the accepted Exhibits and shall be solely responsible for the costs listed on the cost of construction exhibits, with the improvements heing completed also in accordance with the schedule set forth in the construction schedule exhibits. The Board of County Commissioners, at its option, may grant an extension of the time of completion set forth in construction schedule exhibits stated herein upon application by the Property Owner. Said construction shall be in strict conformance to the plans and drawings accepted by the County and the specifications adopted by the County. 4.0 Testing. Property Owner shall employ, at its own expense, a qualified testing company previously approved by the County to perform all testing of materials or construction; and shall furnish copies of test results to the County. If County discovers inconsistencies in the testing results, Property Owner shall employ at its expense a third party qualified testing company approved by County. Such third party shall furnish the certified results of all such testing to the County. At all times during said construction, the County shall have the right to test and inspect material and work, or to require testing and inspection of material and work at Property Owner's expense. Any material or work not conforming to the approved plans and specifications, including but not limited to damages to property adjacent to the construction plan area shall be repaired, removed or replaced to the satisfaction of the County at the expense of Property Owner. 5.0 Conttruction Standards. Design and construction of all off -site improvements shall conform to the current version of CDOT's ''Standard Specifications for Road and Bridge Construction" and the Weld County Engineering and Construction Guidelines. 6.0 Traffic Control. Prior to any construction in County and/or State ROW, and as a condition of issuance of any ROW or Access Permit. the Property Owner shall submit a traffic control plan for County review. During construction, appropriate safety signage shall be posted in accordance with the then -current version of the Manual of Uniform Traffic Control Devices. tl&K Investments, LLC PUDF 18-0001 - IA 'orlr 4463575 Pages: 4 of 27 !I01/31/2010 10.22 Afl R Fq;000 WO= Clerk end gecorder, weld county, co �IIIraVICrdr4MPIddrriliNSIM4h'riti Ill III B. Collateral: 1.0 General Requitement) fun Cullateral. Property Owner shall provide to County collateral to guarantee all of Property Owner's obligations under this Agreement: (I) Project Collateral is required for completion of certain on -site and all off -site improvements as applicable, as described in this Agreement; and (2) Warranty Collateral is required for all off -site improvements during the two-year warranty period. Collateral acceptance and release is governed by the Weld County Code. 1.1 project Collateral shall be submitted to guarantee completion of certain on -site and all required off -site improvements identified in the Exhibits. Project Collateral must be submitted in an amount equal to 100% of the value of the improvements. as calculated in the cost of construction exhibits. Project Collateral must be submitted at the time of execution of the Agreement, unless otherwise directed by the Board of County Commissioners. In the event that Property Owner fails to adequately complete the required improvements, County may, in its sole discretion, access Project Collateral for the purpose of completing such improvements. It may be necessary to provide additional collateral in the event the cost estimate is older than three (3) years. NO WORK SHALL COMMENCE UNTIL PROJECT COLLATERAL HAS BEEN SUBMITTED AND ACCEPTED BY THE COUNTY. 1.2 Warranty Collateral shall be submitted and held by the County until release after the two- year warranty period following the County's initial approval of the improvements. Warranty Collateral shall be in an amount equal to 15%of Project Collateral. In the event that Property Owner fails to adequately complete or repair improvements during the warranty period, County may, in its sole discretion. access Warranty Collateral for the purpose of completing such improvements. 2.0 Form of Collateral. Collateral may be in the form of a letter of credit. a surety bond, or a cash deposit, subject to the requirements and restrictions of Section 2-3-30 of the Weld County Code, as that section may be amended from time to time. 3.0 Rglgase of Collateral. Collateral shall be released in accordance with Section 2-3-30 of the Weld County Code. For collateral release, the Planning Department conducts inspections for on -site improvements, and the Department of Public Works conducts inspections for off -site improvements. 3.I Timing. or RCicaas. Project Collateral may be released upon completion of all improvements required by the Exhibits after initial approval by the County. Warranty Collateral shall be withheld by County from and at the time of release of Project Collateral, or may be submitted separately by Property Owner. Warranty. Collateral may be released upon the approval of the County at the end of the two-year warranty period. 3.2 Request for Release of Collateral. Prior to release of collateral by Weld County for the entire project or for a portion of the project, the Property Owner must possent a Statement of Substantial Compliance from an Engineer registered in the State of Colorado. The Statement of Substantial Compliance shall state that the project or a portion of the project has been completed in substantial compliance with accepted plans and specifications documenting the following: 3.2.1 The Property Owner's Engineer or his representative has made regular on -site inspections during the course of construction and the construction plans utilized are the same as those accepted by Weld County. 9963575 Papas: 5 of 27 12 etiat�zet9 to xz an a F�• f0 09 RCaM! Ctur� ■�0 �ylCord�r Meld CCw�t r. co PPlkilltiOCIakill Ali Ill III tr.Investments, LLC - PrE 8-0001 - IA 3.2.2 For the improvements to public rights -of -way or easements, test results must be submitted for all phases of this project as per Colorado Department of Transportation (COOT) Schedule for minimum materials sampling, testing and inspections found in CDOT Materials Manual. 3.2.3 "As -built" plans shall be submitted at the time the letter requesting release of collateral is submitted or at such time as the Property Owner has completed improvements as shown on the Exhibit C and/or Exhibit D. and shall be stamped and approved by an Engineer registered in the State of Colorado. if an Engineer was initially required for the project. The Property Owner's Engineer shall certify that the project ..as -built" is in substantial compliance with the plans and specifications as approved, or that any material deviations have received prior written acceptance from the County Engineer. 3.2.4 The Statements of Substantial Compliance must be accompanied, as applicable, by a letter of acceptance of maintenance and responsibility by the appropriate utility company, special district, or town for any utilities. 3.2.5 A letter must be submitted from the appropriate Fire Authority, if applicable, indicating the fire hydrants are in place in accordance with the approved plans. The letter shall indicate if the fire hydrants arc operational and, if required by the County, state the results of fire flow tests. 3.3 CPARIX:Lfitaelieleittqw51 for Release of Collateral. Following a written request for release of collateral, County personnel will inspect the improvements as provided in this Agreement. Upon approval, the Board of County Commissioners may release said collateral. C. Acceptance of Improvements: 1.0 Acceptance of On -Site Improvements; Upon completion of construction of all required on -site improvements as described in the Construction Plans, Property Owner shall submit to the Weld County Department of Planning a Statement of Substantial Compliance, and shall request inspection of the On -Site Improvements. County personnel shall then inspect the improvements. If the County determines the improvements were not constructed in accordance with the Construction Plans, the County shall direct the Property Owner to correct the deficiencies. If the County determines the improvements were constructed in accordance with the Construction Plans, the County shall approve the improvements and request the Board of County Commissioners authorize release of collateral for On -Site Improvements. 2.0 Acceptance of Oft -Site Improvements; Upon completion of the off -site improvements. Property Owner shall contact the Weld County Department of Public Works and request an inspection of such improvements. Upon request, County personnel will initiate the inspection, approval, and acceptance process. 3.0 Insmetion, Aonroval. and ACCeotance Process: 3.1 Upon completion of construction of all off -site improvements as described in the Construction Plans, Property Owner shall submit to the Weld County Department of Public Works a Statement of Substantial Compliance by Property Owner's Engineer along with "as -built" drawings as required in B.3.2.3. above, and shall request County inspection of the Off -Site Improvements. County personnel shall then inspect the improvements. If the County determines I I&K Investments, LLC' - I'UUF I tl-0001 - IA 4463318 Page's: 6 of 27 01/31!2019 10'22 An R Fea:30 00 Cartti M'evna� C!or�,� µ�jd yReuco�rd`•rw. we`�ld �y"nl�L CJ y�.,` �u tart �lS CI�itlif ttlAlitlIfiti i+INI'tiil icillfrt 1101 the improvements were not constructed in accordance with the Construction Plans, the County shall direct the Property Owner to correct the deficiencies. If the County determines the improvements were. rnnsrrurred in accordance with the Construction Plans, the County shall initially approve the Off -Site Improvements. 3.2 Two -Year Warranty Period. Such initial approval begins the two-year warranty period. Upon completion of the two-year warranty period, County Public Works personnel shall, upon request by the Property Owner, inspect the subject improvements, and notify the Property Owner of any deficiencies. If any deficiencies are discovered, the Property Owner shall correct the deficiencies. County personnel shall re -inspect the improvements after notification front the Property Owner that said deficiencies have been corrected. If the County personnel finds that the improvements are constructed according to County standards, he or she shall approve the improvements. Such final approval shall authorize the Property Owner to request the Board of County Commissioners to release the Warranty Collateral. 3.3 Placement of Improvements into Service Prior to County Approval. If requested by the Property Owner and agreed by the County, portions of the improvements may be placed in service when completed according to the schedule shown on the construction schedule exhibit, but such use and operation shall not alone constitute an approval or acceptance of said portions of the improvements. County may, at its option, issue building permits for construction for which the improvements detailed herein have been started but not completed according to the schedule shown on the construction schedule exhibit, and may continue to issue building permits so long as the progress of work on the improvements is satisfactory to the County, and all terms of this Agreement have been faithfully kept by Property Owner. 3.4 The Board of County Commissioners does not accept any On -Site Improvements for maintenance purposes. On -Site Improvements may only be accepted as dedicated for public use. Maintenance of on -site improvements is the responsibility of the Property Owner or its successor, including the Homeowners' Association. The Board of County Commissioners does not represent or ensure the on -site improvements will he constructed and/nr available for their intended use(s), The County does not and shall not assume liability for improvements designed andlor constructed by others. D. Access anal jtlgltt-of-Wan Permits, 1,0 Access Permit., Property Owner shall not use any access onto any County road unless and until an access permit has been issued by the Department of Public Works. Public Works may condition the issuance of an updated access permit on the amendment of this Agreement if the updated access permit authorizes the use of an additional access point, or if there is a change in use of the current access point, as permitted by Article V of Chapter 12 of the Weld County Code. 2.0 Right -of -Way MOW) Permits. Per Article IV of Chapter 12 of the Weld County Code, any work occurring within County ROW requires a ROW permit issued by the Department of Public Works. No work shall occur without said ROW permit. E. )Enforeement and Remedies: 1.0 Violation of `fertnu sf Agreement, If in County's opinion, Property Owner has violated any of the terms of this Agreement, County shall notify Property Owner of its belief that the Agreement has been violated and shall state with specificity the facts and circumstances which County believes constitute the violation. Property Owner shall have fifteen (15) days within which to either cure the violation or H8 K Inveslmenu, LLl' - Pt1DF il-0001 • IA 4463575 Pages 7 of 27 ei/31/2•to to st Art R Fet seen sordrulm lfitlfUtYGtettOOMNiUldri iii, III III demonstrate compliance. If, after fifteen (15) days have elapsed. County believes in good faith that the violation is continuing, County may consider Property Owner to be in breach of this Agreement. 2.0 Remedies for Breach by Property Owner. In the event that County determines that Property Owner has violated the terms of this Agreement, and has failed to correct said violation, County may exercise any or all of the following remedies, or any other remedy available in law or equity. 2.1 Access and Use of Collateral.. County may access and use collateral to address the issues specific to the violation. For example, the County may access and use Project Collateral in order to complete improvements as required by the Construction Plans, when such improvements have not been completed in accordance with the Construction Schedule. 2.2. Withholding Permits. County may "lock" any or all lots within the Property. which precludes the continued issuance of building permits, zoning permits, septic permits, or any other permit issued by any department of the County. 2.3 Court Action. County may seek relief in law or equity by filing an action in the Weld District Court or Federal District Court for the District of Colorado, except that no such civil action or order shall be necessary to access collateral for the purpose of completing improvements as described above. 3.0 Termination of Agreement. This Agreement shall terminate upon the earliest of the following events: 3.1 Failure to Commence. County may terminate this Agreement upon or after revocation of the underlying land use approval under Weld County Code Sections 24-3-80. 24-4-70, and 27-8-60. However, County may still exercise all necessary activities under this Agreement that the County determines necessary to protect the health, safety, and welfare of the residents of Weld County. 3.2 Execution of Replacement Agreement. This Agreement shall terminate following County's execution of a new Improvements Agreement regarding the subject matter of this Agreement related to the Property, provided that the new Improvements Agreement expressly supersedes this Agreement. F. General Provisions: 1.0 Successors and Assigns. 1.1 This Agreement shall be assigned by the Property Owner to the Homeowners' Association (HOA) in accordance with the provisions provided in the Declarations associated with the residential subdivision. However, in all other circumstances. the Property Owner may not delegate, transfer, or assign this Agreement in whole or in part, without the prior express written consent of County and the written agreement of the party to whom the obligations under this Agreement are assigned. Consent to a delegation or an assignment will not be unreasonably withheld by County. In all cases other than an assignment to the HOA, Property Owner's release of its obligations shall be accomplished by County's execution of a new Improvements Agreement with the successor owner of the property. 4463878 Pages. 8 of 27 01/31/2019 10:22 Arl R Fee $e ee tv Awes Clerk enC eecoedee. ,4e1tl ;9w+,,. r1RnwII III FI&K Investments, LLC - PUDFIB-0001 - IA Page a of l l .2 County's rights and obligations under this Agreement shall automatically be delegated, transferred, or assigned to any municipality which, by and through annexation proceedings, has assumed jurisdiction and maintenance responsibility over all roads affected by this Agreement. 2.0 yeverabitity, If any term or condition of this Agreement shall be held to he invalid, illegal, or unenforceable by a court of competent, jurisdiction, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. 3.0 Governmental Immunity. No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. 4.0 Na Third -Party Beneficiary. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement, including subsequent lot purchasers. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 5.0 Board of County Commissioners of Weld County Approval. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. 6.0 Choice of Law/lurisdictiop, Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. In the event of a legal dispute between the parties. the parties agree that the Weld County District Court or Federal District Court for the District of Colorado shall have exclusive jurisdiction to resolve said dispute. 7.0 Attorneys' Fees/Legal Costs, In the event of a dispute between County and Property Owner, concerning this Agreement. the parties agree that each party shall be responsible for the payment of attorney fees and/or legal costs incurred by or on its own behalf. 5.0 Release of Liability. Property Owner shall indemnify and hold harmless the County from any and all liability loss and damage County may suffer as a result of all suits, actions, or claims of every nature and description caused by, arising from, or on account of the design and construction of improvements, and pay any and all judgments rendered against the County on account of any such suit, action or claim, and notwithstanding section 7.0 above, together with all reasonable expenses and attorney fees incurred by County in defending such suit, action or claim whether the liability, loss or damage is caused by, or arises out of the negligence of the County or its officers, agents, employees, or otherwise except for the liability, loss, or damage arising from the intentional torts or the gross negligence of the County or its employees while acting within the scope of their employment. All contractors and other employees engaged in construction of the improvements shall maintain adequate worker's compensation insurance and public liability insurance coverage, and shall operate in strict accordance with the laws and regulations of the State of Colorado governing occupational safety and health. 9.0 Binding Arbitration Prohibited. Weld County does not agree to binding arbitration by any extra- judicial body or person. Any provision to the contrary in this Agreement or incorporated herein by reference shall be null and void. H&K Investments. LLC - PUDFIg-0001 • IA Page, of l l 44ti33'f6 Playas: to of 2T 0t/31czars te:Z2 qft a Fae:=e.a0 npt>w. CI�rY nrt Rennr�t�, Ywlrl Lounly GO VIII M�rdliii,twi bj�.r.w l�nui�laiii i;l ,k 1I X11 10.0 Authori, to Siag Each person signing this Agreement represents and warrants that he or she is duly authorized and has legal capacity to execute and deliver this Agreement. Each party represents and warrants to the other that the execution and delivery of the Agreement and the performance of such party's obligations hereunder have been duly authorized and that the Agreement is a valid and legal agreement binding on such party and enforceable in accordance with its terms. If requested by the County, Property Owner shall provide the County with proof of Property Owner's authority to enter into this Agreement within five (5) days of receiving such request. 1 1.0 Acknowledgment. County and Property Owner acknowledge that each has read this Agreement, understands it and agrees to be bound by its terms. Both parties further agree that this Agreement, with the attached or incorporated Exhibits, is the complete and exclusive statement of agreement between the parties and supersedes all proposals or prior agreements, oral or written, and any other communications between the parties relating to the subject matter of this Agreement. 12.0 In the event of a discrepancy between this agreement and the Weld County Code in effect at the time of the agreement, the terms of the Weld County Code shall control. 446337'3 Pages: 10 of 27 dsr 31K2c�es 1W k al Re F.. $0►t 0 county +0 sill ilIN�'th4 M 'i4I MPACI ttAI LIfili BPI H&K lmeatmenas, LLC - PU DF 18.0001 - IA Peas 10 oil' PROPERTY OWNER: Ry: .41 Nance-. Title: Osiatidtr STATE OF COLORADO County of Weld Dote /hi/ ,t ss, ' DrAfINA WAKl INEN NOTARY PUBLIC STATE or COLORADO NOTARY ID 20174031289 MY COMMISSION EXPIRES 7-26-2021 The foregoing instrument was acknowledged before me this 2 day of 20 1O1 , by -This .PbrIenaterNizi Casdnar oc _ H k K \ nv cS t-n.u.et.#t S �, L, C. . WITNESS my hand and official seal. Notary Public WELD COUNTY: ATTEST: that., Weld (' a ty Clef BY: beho;tA BOARD OF COUNTY COMMISSIONERS WE; D COUNTY. COL Deputy Cicr to the Dorbara Kirkmcycr, Chat 4463375 Pages: 11 of 27 01/31/2019 1022 AN R Pse.$0 SO CAr l e K00041 C l er i Eno Nocui tto, 2.1S :udr•t, CO VIII fr'A'1LChV.Kd'IM&A 11 111 Mk Investments, I I C PUDF 18.0001 - IA Page IIofII • JAN 282019 4917-oitio Serenity (Exhibit A) Public Improvement Engineers Estimate Date 10/16/18 . -- - a.tZL:S4L../. -- — - 4.-s —. ._.Y ---- . ♦ Erosion Control Storm Water Management LS • 1 $ - $ - ITemporary/Permanent Seeding LS 1 $ 850.00 $ 850.00 Subtotal $ 850 00 . . • - .tj}$r L.'.. .' ` - 14--•-. -�1 1: 1 6-" DR 14 C900 PVC LF 2072 0 $ 6" Gate Valve EACH 3 0 _ 1 - Water Main Fittings _ EACH •0 vs 2 $ - 16"x6" Wet Tap s EACH 2 0 $ - Fire Hydrant Assembly EACH 3 $ - $ - 15 Culvert RCP LF 30 $ - $ 600.00 Subtotal $ 600.00 fi Gravel Section (Access Road/Pad) _ Tons 1,500 $ 8.00 $12,000 00 Road Prep/Earthwo rk SY 6562 $ 0.85 $ 5,577.70 Subtotal $1757770 - -- — - Transformer and Service T•rans 5 $ - $ - $ . Subtotal $ . Total 4463575 Pages: 12 of 27 01/31/28!9 10 22 An R Fee $0 ee Carly *aop0= ':,r1 ini 4liii Wrt��j��'�� Roca -doe Weld a Cove t � CO �'I��t+ 01111 $19,02770 Cheryl Hoffman From: Sent: To: Subject: Good morning Cheryl, Jazmyn Trujillo Martinez Thursday, December 15, 2022 10:24 AM Cheryl Hoffman; Dawn Anderson RE: H & K Investments/Serenity View Estates Escrow Release PUDF18-0001 and Cedar Creek II LLC AP21-00535 This morning, it was brought to our attention that PUDF18-0001 plat was recorded with errors in 2018, specifically there was no surveyor stamp or signature. Tom Parko and Diana Aungst are recommending that the parcels be locked and we do not release collateral until a new plat is recorded. Please remove PUDF18-0001, Serenity View, release of Escrow off of the Regular Agenda on 12/28/2022 until further notice. Apologies for the inconvenience. Best, Jazmyn Trujillo -Martinez Development Review Weld County Planning Services 1555 North 17"' Avenue Greeley, CO 80631 (970) 400-3711 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: Cheryl Hoffman <choffman@weldgov.com> Sent: Wednesday, December 14, 2022 7:44 AM To: Dawn Anderson <dranderson@weldgov.com>; Jazmyn Trujillo Martinez <jtrujillomartinez@weldgov.com> Subject: RE: H & K Investments/Serenity View Estates Escrow Release PUDF18-0001 and Cedar Creek II LLC AP21-00535 Okay, I sent you calendar invites. Thanks to both of you! Enjoy your Wednesday! Cheryl L. Hoffman Deputy Clerk to the Board 1150 O Street/P.O. Box 758 1 Greeley, CO 80632 Tel: (970) 400.4227 choffman@weldgov.com From: Dawn Anderson <dranderson@weldgov.com> Sent: Wednesday, December 14, 2022 7:43 AM To: Jazmyn Trujillo Martinez <jtru"illomartinez@weldgov.com>; Cheryl Hoffman <choffman@weldgov.com> Subject: RE: H & K Investments/Serenity View Estates Escrow Release PUDF18-0001 and Cedar Creek II LLC AP21-00535 Me as well. Thanks Cheryl. Dawn R. Anderson Development Review Manager Weld County Planning Services 1555 N. 17tH Avenue Greeley, CO 80631 Email: dranderson@weldgov.com Office: (970) 400- 3736 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 <jtru'illomartinez@weldgov.com> Sent: Wednesday, December 14, 2022 7:32 AM To: Cheryl Hoffman <choffman@weldgov.com>; Dawn Anderson <dranderson@weldgov.com> Subject: RE: H & K Investments/Serenity View Estates Escrow Release PUDF18-0001 and Cedar Creek II LLC AP21-00535 Good morning Cheryl, Wednesday, 12/28/22 works for me! Best, Jazmyn Trujillo -Martinez Development Review Weld County Planning Services 1555 North 17th Avenue Greeley, CO 80631 (970) 400-3711 2 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: Cheryl Hoffman <choffman@weldgov.com> Sent: Wednesday, December 14, 2022 7:26 AM To: Jazmyn Trujillo Martinez<jtrujillomartinez@weldgov.com>; Dawn Anderson <dranderson@weldgov.com> Cc: Cheryl Hoffman <choffman@weldgov.com> Subject: H & K Investments/Serenity View Estates Escrow Release PUDF18-0001 and Cedar Creek II LLC AP21-00535 Good morning, Jazmyn and Dawn, I'd like to schedule these 2 regular agenda releases for Wed, 12/28/22, at 9:00am. Is that okay with you? Just let me know. Thanks! Cheryl L. Hoffman Deputy Clerk to the Board 1150 O Street/P.O. Box 758 Greeley, CO 80632 Tel: (970) 400.4227 choffman@weldgov.com 3 Hello