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Home My WebLink About20213284.tiffRESOLUTION RE: APPROVE CANCELLATION AND FULL RELEASE OF WARRANTY COLLATERAL FOR USE BY SPECIAL REVIEW PERMIT, USR-1540 - CHURCH BARN, LLC WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, by Resolution dated June 14, 2006, the Board approved a Use by Special Review Permit #1540, for Church Barn, LLC, 134 Oak Street, Eaton, Colorado 80615, for a Roping/Rodeo Arena and a Public and Quasi -Public Building, including a Church, on the following described real estate, to wit: Lot B of Recorded Exemption #3961; being part of the SE1/4 of Section 10, Township 6 North, Range 66 West of the 6th P.M., Weld County, Colorado, and WHEREAS, on October 30, 2006, the Board of County Commissioner of Weld County, Colorado, approved an Improvements Agreement According to Policy Regarding Collateral for Improvements (Private Road Maintenance) between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Church Barn, LLC, with further terms and conditions being as stated in said agreement, and accepted Irrevocable Letter of Credit #460, drawn on Farmers Bank, 119 1st Street, P.O. Box 220, Ault, Colorado 80610, in the amount of $33,220.96, dated September 18, 2006, and WHEREAS, on October 9, 2019, upon recommendation of staff, the Board approved the release of project collateral held in the form of Irrevocable Letter of Credit #460 from Farmers Bank, 119 1st Street, P.O. Box 220, Ault, Colorado 80610, in the amount of $33,220.96, and accepted warranty collateral for improvements, in the form of a new Irrevocable Letter of Credit #460 from Farmers Bank, 119 1st Street, P.O. Box 220, Ault, Colorado 80610, in the amount of $4,983.14, dated August 30, 2019, and WHEREAS, staff from the Weld County Departments of Public Works and Planning Services have conducted a visual inspection of the completed improvements, and along with the County Attorney's Office, are recommending approval of the cancellation and full release of warranty collateral, and WHEREAS, upon recommendation from staff, the Board deems it advisable to release said warranty collateral, in the form of Irrevocable Letter of Credit #460 from Farmers Bank, 119 1st Street, P.O. Box 220, Ault, Colorado 80610, in the amount of $4,983.14, dated August 30, 2019. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the warranty collateral in the form of Irrevocable Letter of Credit #460 from Farmers Bank, 119 1st Street, P.O. Box 220, Ault, Colorado 80610, in the amount of $4,983.14, dated August 30, 2019, be, and hereby is, canceled and released. 4786324 Pages: 1 of 2 12/17/2021 02:55 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO iv I rill'ill0 1hla'I4 i111 NIIII MIl lhigillh Ill 11 Cc: P(..(TP/DA Ism/KR') 1/a/2a. 2021-3284 PL1840 CANCEL AND RELEASE WARRANTY COLLATERAL FOR IMPROVEMENTS (USR-1540) - CHURCH BARN, LLC PAGE 2 BE IT FURTHER RESOLVED by the Board that the Clerk to the Board be, and hereby is, directed to return said collateral to the appropriate issuing party. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 29th day of November, A.D., 2021. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: deativL�D%� Weld County Clerk to the Board BY: Deputy CI APPROVED A Steve ! oreno, C . = r S o es, Pro-Tem rry L. Bu �> Vlike Freeman ounty orney � '��I e`. 257%4%4. on Saine Date of signature: 12 /IH /2( 4786324 Pages: 2 of 2 12/17/2021 02:55 PM R Fee:$0.00 1111 Carly Koppes, Clerk and Recorder, Weld County CO 2021-3284 PL1840 /O #9 BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: BOCC Agenda Item — Full Release of Warranty Collateral for: Church Barn, LLC — USR-1540 DEPARTMENT: Planning Services DATE: November 2, 2021 PERSON REQUESTING: Jazmyn Trujillo -Martinez Brief description of the problem/issue: The Departments of Planning Services and Public Works received a request from Church Barn, LLC, requesting that the Board of County Commissioners release the currently held warranty collateral for Church Barn, LLC in the amount of $4,983.14, procured in the form of an Irrevocable Letter of Credit #460, from Farmers Bank, 119 1st Street, Ault, Colorado 80610, Weld County Public Works and Planning Department performed a site inspection, at the above -mentioned site, and observed the following: • All items on Exhibit A and Exhibit B, of the Improvements Agreement According to Policy Regarding Collateral for Improvements Document #2006-3027, have been completed and are found to be acceptable. Bob Choate/Assistant County Attorney has reviewed the Improvements Agreement and Collateral requirements and recommends this full release of warranty collateral. 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: Church Barn, LLC do Richard Montera (PL1840 -#2006-3027) USR #1540 Improvements Agrmt (Private Road Maintenance) Irrevocable Letter of Credit #460 from Farmers Bank Auto -Renew until release $4,983.14 Recommendation: The Departments of Public Works, Planning Services and the County Attorney's Office are recommending approval of the full release of collateral for Church Barn, LLC — USR-1540, and that this item be places on the next regularly scheduled BOCC Hearing, as part of the Regular Agenda. Perry L. Buck Mike Freeman Scott K. James, Pro -Tern Steve Moreno, Chair Lori Seine Approve Schedule Recommendation Work Session Other/Comments: azoold -3,O4 Pt ii4e) Karla Ford From: Sent: To: Subject: Yes. Approve Mike Freeman Tuesday, November 2, 2021 2:11 PM Karla Ford Re: Please Reply - BOCC PA REVIEW - USR-1540 -- Church Barn Sent from my Phone On Nov 2, 2021, at 4:O1 PM, Karla Ford <kford@weldgov.com>wrote: Was this approved? Karla Ford Office Manager, Board of Weld County Commissioners 1150 O Street, P.O. Box 758, Greeley, Colorado 80632 :: 970.336-7204 :: kfordweldgov.com :: www.weIdv.com **Please note my working hours are Monday -Thursday 7:00a.rn.-5:00p,m. 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: Mike Freeman <mfreeman@weldgov.com> Sent: Tuesday, November 2, 2021 12:51 PM To: Karla Ford <kford@weldgov.com> Subject: Re: Please Reply - BOCC PA REVIEW - USR-154O — Church Barn Sent from my iPhone On Nov 2, 2021, at 1:27 PM, Karla Ford <kford@weidgov.com>wrote: Approve Please advise if you approve recommendation. Thank you. CLERK TO THE BOARD PHONE: (970)400-4227 FAX: (970) 336-7233 1150 O STREET P. 0. BOX 758 GREELEY, CO 80632 January 19, 2022 Farmers Bank c/o Andrea Jarboe, Vice President P.O. Box 220 Ault, CO 80610 RE: Cancellation and Full Release of Warranty Collateral Irrevocable Letter of Credit #460 - USR-1540 — Church Barn, LLC Dear Ms. Jarboe: Enclosed please find the cancelled and released Irrevocable Letter of Credit #460 and a copy of the Board of County Commissioner's Resolution, dated November 29, 2021, authorizing the release and cancellation of the Irrevocable Letter of Credit #460 held as warranty collateral in the amount of $4,983.14 for USR-1540, Church Barn, LLC. If you have any questions, please contact me at (970) 400-4227, or email choffman@weldgov.com. Very truly yours, Cheryl L.doffman Deputy Clerk to the Board Enclosure cc: Dawn Anderson and Jazmyn Trujillo -Martinez, Department of Planning Services Tom Parko, Department of Planning Services Clerk to the Board File PL1840 Ca ru I LI Ls) r a C7 Es r9 r� C3 CLERK TO THE BOARD 1150 O STREET 56.11'*\ PO BOX 758 GREELEY CO 80632-0758 CERTIFIED MAIL® i i i i i i i 7017 1450 0000 9675 2200 FARMERS BANK C/O ANDREA JARBOE, VICE PRESIDENT P.O. BOX 220 AULT, CO 80610 YQ� nw.'ffM.b" ,.o Sa U.S. Postal Service"' CERTIFIED MAIL° RECEIPT Domestic Mail Only For delivery information, visit our website at www.usps.com lei Certified Mail Fee Extra Services & Fees (check box, add fee as appropriate) ❑ Return Receipt (hardcopy) $ ❑ Return Receipt (electronic) $ • Certified Mail Restricted Delivery $ • Adult Signature Required $ [� Adult Signature Restricted Delivery $ Postage Total Postage and Fees S V.• .aye, T1i5+4 • - _ r, . new Me) Postmark Here /cative• PS Form 3800, April 2015 PSN 7530-02-000-9047 See Reverse for Instructions O ru fU N IT C.J a L7 rR N a 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) $ • Certified Mail Restricted Delivery $ _ • Adult Signature Required $ [] Adult Signature Restricted Delivery $ - - Postage Total Postage and Fees y. • Postmark Here See Reverse for Instructions 3NI1 031100 IV OlO3 `SS3liaav Naf113a 3H1 30 1HOW 3H1 01 3dO13AN3 JO dOl IV 83)43I1S 30d1d 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: IStfee.) fineeige&t, VP Di 1)602°1° atat ee 8P/e/o i u 9590 9402 5390 9189 0172 22 COMPLETE THIS SECTION ON DELIVERY A. Signature X B. Received by (Printed Name) ❑ Agent ❑ Addressee C. Date of Delivery D. Is delivery address different from item 1? O Yes If YES, enter delivery address below: O No 0 At -Fit -do hit imtior IT'rancfnr from coniiro IahoII 7017 1450 0000 9675 2200 3. Service Type ❑ Adult Signature dult Signature Restricted Delivery ertified Mail® O Certified Mail Restricted Delivery ❑ Collect on Delivery ❑ Collect on Delivery Restricted Delivery ;ured Mail :ured Mail Restricted Delivery .er $500) ❑ Priority Mail Express® ❑ Registered MailTM ❑ Registered Mail Restricted Delivery ❑ Return Receipt for Merchandise ❑ Signature Confirmation "A ❑ Signature Confirmation Restricted Delivery BPS Form 3811, July 2015 PSN 7530-02-000-9053 Domestic Return Receipt VOCABLE LETTER OF CREDIT Letter e f Credit Number: 460 Date: August 30, 201 Bcncficiary: Weld County Development Revie 1111 H Street Greeley, CO 80631 Re: Church Barn, LLC — Dument #2006-30 To Whom It May Concern: Public Works Depart! N by COLLATERAL NO LONGER RELEASED REQUIRED b Bo. d of Weld County Commissioners y a, c2.'te:�, da /9, .�� For the account of Richard A. Monte . , we hereby author you to draw on us at sight up to an aggregate amount of $4,983.14. Drafts drawn under this Letter of Credit mint speci the date and the number of the Letter of Credit and must be presented at the office ide • tifi d below not later than August 30, 2020. This Letter of Credit is irrevocable, uncondif. na , nontransferable and non -assignable. We hereby agree with you that sight drafty drawn und, and in compliance with, the terms of this � p Letter of Credit will be duly honored a. Fa - ers Bank''. 1 1st Street O Box 220 Ault, CO 80610 Unless otherwise expressl stated, this Letter of Credit is subject to the International Chamber of Commerce, Uniform C toms and Practice for Commercial Document Credits, 1993 Revision-Internationa hamber of Commerce Publication No. 500. Sincerely, By: (7: Andre Jarboe Title: ice President of Farmers Bank N 119 1st Street - P.O. Box 220 - Ault, CO 80610 - (970) 834-2121 / Fax (970) 834.1351 713 S. Lemay Ave. - Fort Collins, CO 80524 - (970) 221-2020 / Fax (970) 221-7201 CLERK TO THE BOARD PHONE: (970)400-4227 FAX: (970) 336-7233 1150 O STREET P. 0. BOX 758 GREELEY, CO 80632 January 19, 2022 Church Barn, LLC c/o Becky Maag 134 Oak Avenue Eaton, CO 80615 RE: Cancellation and Full Release Warranty Collateral — Irrevocable Letter of Credit #460 - $4,983.14 - USR-1540 — Church Barn, LLC Dear Ms. Maag: Enclosed please find a copy of the Board of County Commissioner's Resolution, dated November 29, 2021, authorizing the cancellation and full release of Irrevocable Letter of Credit #460 held as warranty collateral in the amount of $4,983.14 through Farmers Bank to Andrea Jarboe, Vice President. I have also enclosed a copy of the letter and original Letter of Credit sent back to Farmers Bank. If you nave any questions, please contact me at (970) 400-4227, or email choffman@weldgov.com. truly yours, Cheryl L. I offman Deputy Clerk to the Board Enclosure cc: Dawn Anderson and Jazmyn Martinez, Department of Public Works Tom Parko, Department of Planning Services Clerk to the Board File PL1840 R / D rR ru Ln re Cr 0 O a C3 O U, r -R rR O Certified Mail Fee CLERK TO THE BOARD 1150 O STREET � PO BOX 758 GREELEY CO 80632-0758 U.S. Postal ServiceTM CERTIFIED MAIL° RECEIPT Domestic Mail Only For delivery information, visit our website at www.usps.com ` '. Extra Services & Fees (check box, add fee as appropriate) ❑ Return Receipt (hardcopy) $ ❑ Return Receipt (electronic) ❑ Certified Mail Restricted Delivery Adult Signature Required $ Ei Adult Signature Restricted Delivery $ Postage Total Postage and Fees treet . d,4pt. o., or PO B LA i i Ar PS Form 3800, April 2015 PSN 7530-02-000-9047 See Reverse for Instructions Postmark Here rig ru U, Er a O U, sir r1 r3/4 - CI i i i 7017 1450 0000 '9675 2194 CHURCH BARN, LLC C/O BECKY MAAG 134 OAK AVENUE EATON, CO 80615 U.S. Postal ServiceTM 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) $ O Return Receipt (electronic) • Certified Mail Restricted Delivery • Adult Signature Required • Adult Signature Restricted Delivery $ $ Postage Total Postage and Fees treat . d o., or PO B _act PS Form 3800, April 2015 PSN 7530-02-000-9047 Postmark Here See Reverse for Instructions 3N11 031100 1.V OIOd `SS3tH00V Ntif113ti 3H1 AO 1HJIU 3H1 01 3dO13AN3 AO d01 IV a3NOIIS 30V1d 'a I t 4 SENDER: COMPLETE THIS SECTION ■ Complete items 1, 2, and 3. IN 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. Article Addressed to: LLB e/p itfLa:C6s ,X067 I I 9590 9402 5390 9189 0172 15 i COMPLETE THIS SECTION ON DELIVERY A. Signature X B. Received by (Printed Name) O Agent ❑ Addressee C. Date of Delivery D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: O No 2. Article Number (Transfer from service label) 3. Service Type ❑ Adult Signature ❑ Adult Signature Restricted Delivery ertified Mail® ❑ Certified Mail Restricted Delivery ❑ Collect on Delivery ❑ Collect on Delivery Restricted Delivery fired Mail ired Mail Restricted Delivery it $500) 7017 1450 0000 9675 2194 ❑ Priority Mail Express® ❑ Registered MailTM ❑ Registered Mail Restricted Delivery ❑ Return Receipt for Merchandise ❑ Signature ConfirmationTM ❑ Signature Confirmation Restricted Delivery PS Form 3811, July 2015 PSN 7530-02-000-9053 Domestic Return Receipt 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. Article Addressed to: L� e/ofJM �G"� IIIIj III IIIIIIIIIIIIIIIIIII I i 9590 9402 5390 9189 0172 15 i COMPLETE THIS SECTION ON DELIVERY A. Sig/ A' ure B. Received by rioted Name) ❑ Agent O Addressee C. Date of D : livery I -ow - 2. D. Is delivery address different fro%n item 1? O If YES, enter delivery address below: ❑ No s 2. Article Number (Transfer from service lapel) 7017 1450 0000 9675 2194 PS Form 3811, July 2015 PSN 7530-02-000-9053 3. Service Type ❑ Adult Signature ❑ Adult Signature Restricted Delivery ertified Mail® ❑ Certified Mail Restricted Delivery ❑ Collect on Delivery ❑ Collect on Delivery Restricted Delivery Ired Mail ired Mail Restricted Delivery sr $500) ❑ Priority Mail Express® o Registered MailTM ❑ Registered Mail Restricted Delivery ❑ Return Receipt for Merchandise ❑ Signature ConfirmationTM ❑ Signature Confirmation Restricted Delivery Domestic Return Receipt 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: oSide &./0 tanedgafiAjzst-ef VP Lig De. etial°2-° .arati '8WIP/° i 9590 9402 5390 9189 0172 22 COMPLETE THIS SECTION ON DELIVERY A. Signature x Agent Clikpja 0.O Addressee B. ceived b ' (Printed N e) 111\SG Lobo C. Date of Delivery D. Is deliver] address different from item 1? O Yes If YES, enter delivery address below: ❑ No 0 Ar-firlo Kit imhor /Tranefar frnm caniii-a laholl 3. Service Type ❑ Adult Signature O/ldult Signature Restricted Delivery edified Mail® ❑ Certified Mail Restricted Delivery ❑ Collect on Delivery ❑ Collect on Delivery Restricted Delivery •ured Mail .ured Mail Restricted Delivery er $500) 7017 1450 0000 9675 2200 ❑ Priority Mail Express® ❑ Registered MaiITM ❑ Registered Mail Restricted Delivery ❑ Return Receipt for Merchandise O Signature ConfirmationTM ❑ Signature Confirmation Restricted Delivery PS Form 3811, July 2015 PSN 7530-02-000-9053 Domestic Return Receipt o2oa(-3ageA RESOLUTION RE: APPROVE CANCELLATION AND RELEASE OF PROJECT COLLATERAL AND ACCEPT WARRANTY COLLATERAL FOR USE BY SPECIAL REVIEW PERMIT, USR-1540 - CHURCH BARN, LLC WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, by Resolution dated June 14, 2006, the Board approved a Use by Special Review #1540, for Church Barn, LLC, 134 Oak Street, Eaton, Colorado 80615, for a Roping/Rodeo Arena and a Public and Quasi -Public Building, including a Church, on the following described real estate, to wit: Lot B of Recorded Exemption #3961; being part of the SE1/4 of Section 10, Township 6 North, Range 66 West of the 6th P.M., Weld County, Colorado, and WHEREAS, on October 30, 2006, the Board of County Commissioner of Weld County, Colorado, approved an Improvements Agreement According to Policy Regarding Collateral for Improvements (Private Road Maintenance) between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Church Barn, LLC, with terms and conditions being as stated in said agreement, and accepted Irrevocable Letter of Credit #460, drawn on the Farmers Bank, 119 1st Street, P.O. Box 220, Ault, Colorado 80610, in the amount of $33,220.96, dated September 18, 2006, and WHEREAS, staff from the Weld County Departments of Public Works and Planning Services have conducted a visual inspection of the completed improvements and recommend release of project collateral and acceptance of warranty collateral to be held for the duration of the warranty period, and WHEREAS, upon recommendation of staff, the Board deems it advisable to release said project collateral, in the form of Irrevocable Letter of Credit #460 from Farmers Bank, 119 1st Street, P.O. Box 220, Ault, Colorado 80610, in the amount of $33,220.96, and accept warranty collateral for improvements, in the form of a new Irrevocable Letter of Credit #460 from Farmers Bank, 119 1st Street, P.O. Box 220, Ault, Colorado 80610, in the amount of $4,983.14, dated August 30, 2019. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the project collateral for improvements in the form of Irrevocable Letter of Credit #460 from Farmers Bank, 119 1st Street, P.O. Box 220, Ault, Colorado 80610, in the amount of $33,220.96, dated September 18, 2006, be, and hereby is, canceled and released, and warranty collateral for improvements, in the form of Irrevocable Letter of Credit #460 from Farmers Bank, 119 1st Street, P.O. Box 220, Ault, Colorado 80610, in the amount of $4,983.14, dated August 30, 2019, be, and hereby is, accepted. 4533549 Pates: 1 of 2 is/18p 22519 11:01 All R Fee ::e . $e Carly Koppel, Clark and Raoordar, Wald County, CO VIII114,14f4 'Ird4'itti'VIIIIV :Wvh II III c.c.%PWCERICH(1 ), GCTcgc(Co), e -(Tel, 2019-4459 c -a cgc) PL1840 to tool /R CANCEL AND RELEASE PROJECT COLLATERAL AND ACCEPT WARRANTY COLLATERAL FOR IMPROVEMENTS - CHURCH BARN, LLC (USR-1540) PAGE 2 BE IT FURTHER RESOLVED by the Board that the Clerk to the Board be, and hereby is, directed to return said collateral to the appropriate issuing party. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 9th day of October, A.D., 2019. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: d„;� Weld County Clerk to the Board BY: APP my Attorney Date of signature: 4'.133549 Pa:ge1s: 2 of 2 10/18/2019 11:01 R Fee::0.00 Carly Koppea, Clark and Raoord.r, Wald County, Co liii IW��I�f�N'I '�!�'V ',I��I�I'�414 !�t�illl��'�Ii��yWh1ti ii III arbara /mey er Chair Mike Freeman, Pro_Tem Conway . James Steve Moreno 2019-4459 PL1840 (kilkAt* 3 f y? BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW/Regular Agenda REQUEST RE: BOCC Agenda Item —Release of Project Collateral and Acceptance of Warranty Collateral For: Church Barn, LLC — USR1540 DEPARTMENT: Public Works DATE: September 4, 2019 PERSON REQUESTING: Tisa Juanicoreng Brief description of the issue: The Department of Public Works received a request from Richard Montera, requesting that the Board of County Commissioners release the currently held project collateral for Church Barn, LLC - USRI540 in the amount of $33,220.96. Warranty collateral in the amount of $4,983.14 is required to be held for the duration of the warranty period. Church Barn, LLC, has provided the warranty collateral in the form of an Irrevocable Letter of Credit #460, from Farmers Bank, 119 1st Street, Ault, CO 80610, a copy of which is hereto attached. Weld County Public Works and Planning Department performed a site inspection, at the above -mentioned site, and observed the following: • All items on Exhibit A, of the Improvements Agreement According to Policy Regarding Collateral for Improvements Document #2006-3027, have been completed and are found to be acceptable. Bob Choate/Assistant County Attorney has reviewed the Improvements Agreement and Collateral requirements and recommends this release of project collateral and acceptance of warranty collateral. What options exist for the Board? 1. Have this BOCC Hearing item be placed on the next available agenda as part of the Regular Agenda. Weld Countv Collateral List: Church Barn, LLC do Richard Montera (P11840 - Q006-3027) USR #1540 Improvements Agrmt (Private Road Maintenance) Irrevocable Letter of Credit #460 from Farmers Bank Auto -Renew until release $33,220.96 Recommendation: The Departments of Public Works, Planning Services and the County Attorney's Office are recommending approval of the release of project collateral and acceptance of warranty collateral for Church Barn, LLC — USR 540, and that this item be placed on the next regularly scheduled BOCC Hearing, as part of the Regular Agenda. Sean P. Conway Scott K. James Steve Moreno Mike Freeman, Pro-Tem Barbara Kirkmeyer, Chair 10(09 Nibialuk as Regular Agenda BOCC Item Other/Comments. 2019-4459 Pl.l$t1O IRREVOCA Fa rrners Et" !iD Its September 18, 2006 Board of County Commissioners ATTN: Clerk to the Board PO Box 758 Greeley, CO 80732 RE: Mo Richard A. Dear: Weld Coun IT NO. 460 COLLATERAL RELEASED NO LONGER REQUIRED by Board of Weld - o . n C • mmissioners a!3 r date: by: Deputy Clerk i the Board We hereby open our lrmv: le Letter of Credit in your favor for the account of Richard A. Montera, 134 Oak Ave, Eaton, CO 80615, a sum not to exceed the aggregate of Thirty-three Thousand, Two Hundred Twenty and 96/t00ths. Each draft so drawn must be marked " w' wn under FARMERS BANK, 119 1' Street, Auit>rCO 80610, Letter of Credit No. 460 and be accompan by a "signed statement from the Board ostebunty Commissioners of Weld County, Colorado st g the has committgdramaterial breach of the Improvements Agreement to Policy Regard] collateral for Improvement fearding dated the of 20 by and ween Richard A. Mgttt6a and the Board of County Commissioners of the County of Weld." ` r �-. This credit is subject, so far as applicable, to "The Uniform G rs and Practice for Documentary Credits, 1993 Revision, The International Chamber of Commerce Pu131i ons No. 500." We hereby agree with you that all drafts drawn unr"and in complia a with the terms of this credit will be duly honored and presented for payment to ogrTain office, FARMS BANK, 119 1' Street, Ault, CO 80610. This letter of credit will expire on S.p(ember 18, 2007 at 5:00P.` This letter of credit is automatically ended without amendment, for additio one-year periods from the current expiration or any future ration date unless 60 days prior to such curr t expiration date FARMERS BANK notifies eficiary in writing that the letter of credit will not newed. In the case you receive such a noti ion, you may draw by presentation of the following: (a) a daft at sight on FARMERS BAN a statement purportedly signed by an official of the Board of Co Cotnmissione Weld County, Colorado stating that we have received notice from FAR RS BANK the Letter redit No. 460 will not be renewed and that Richard A. Montera has failed to pro 'de proof of ade collateral and substitution of this Letter of Credit No. 460; (c) copy of letter from FARMERS B stating non -renewal of Letter of Credit No. 460 and the original letter of credit. Yours truly, 4.. FrJY Bauer President FJB/aeb 119 1st Street ° P.0 Box 220 ° Ault, Colorado 80610 - ;970i 834-2121 j lax (970) 834-1381 1 . Farmers saaigmNa IRREVOCABLE LETTER OF CREDIT Letter of Credit Number: 460 Date: August 30, 2019 Beneficiary: Weld County Development Review — Public Works Department 1111 H Street Greeley, CO 80631 Re: Church Barn, LLC — Document #2006-3027 To Whom It May Concern: For the account of Richard A. Montera, we hereby authorize you to draw onus at sight up to an aggregate amount of $4,983.14. Drafts drawn under this Letter of Credit must specify the date and the number of the Letter of Credit and must be presented at the office identified below not later than August 30, 2020. This Letter of Credit is irrevocable, unconditional, nontransferable and non -assignable. We hereby agree with you that sight drafts drawn under, and in compliance with, the terms of this Letter of Credit will be duly honored at: Farmers Bank 119 19t Street PO Box 220 Ault, CO 80610 Unless otherwise expressly stated, this Letter of Credit is subject to the International Chamber of Commerce, Uniform Customs and Practice for Commercial Documentary Credits, 1993 Revision -International Chamber of Commerce Publication No. 500. Sincerely, By: awe, Andrea Jarboe Title: Vice President of Farmers Bank !1'2 1,-5s go;i 221.1 )11;H1E (c)7O 34-21?i ; • Fir (97:0 824 1.351 1 9 S. .. ;ills; l'-tl i3i. >;: - r h' ?21-2l O r : Ala j'?711) 22'-720 i October 23, 2019 CLERK TO THE BOARD PHONE: (970)400-4227 FAX: (970) 336-7233 1150 O STREET P. O. BOX 758 GREELEY, CO 80632 Attn: Eric Hoffner, CEO Farmers Bank 119 1St Street P.O. Box 220 Ault, CO 80610 RE: Irrevocable Letter of Credit No. 460 (dated 09/18/2006) Dear Mr. Haffner: By Resolution dated October 9, 2019, the Board deemed it appropriate to release the enclosed Letter of Credit #460 (dated 09/18/2006) in the amount of $33,220.96, and accept Irrevocable Letter of Credit, #460 (dated 08/30/2019) in the amount of $4,983.14, on behalf of Richard A. Montera for Church Barn, LLC for warranty collateral related to improvements. Enclosed you will find the original LOC #460 (dated 09/18/2006) and a copy of the Resolution for your files, If you have any questions, please contact me at (970) 400-4227, or email choffman@weldgov.com. V-ry truly yours, Cheryl ,1 Hoffman Deputy Clerk to the Board Enclosure cc; Tisa Juanicorena, Department of Public Works Tom Parko, Department of Planning Services Church Barn, LLC, c/o Richard A. Montera Clerk to the Board File PL1840 O U, rR U.S. Postal Service„. CERTIFIED MAIL" RECEIPT Domestic Mail Only For delivery information, visit our website at tmtv,risps.cam.. OFFICIAL USE Certified Mali Fee Extra Services & Fees (check box. add tee as 4owoprierel p ROM Receipt (hardeopy) $ ❑ Return Receipt (electronic) e ❑ Carolled Melt Restricted Delivery $ ❑ Adurt Signature Required ❑ Adult alpteture Restricted Dative)), $ Postage %tai Postage and Fees x CEp % PA*1e-, SENDER: COMME.TE THIS SECT/ON ■ Complete Items 1, 2, and 3. • Print our name and address on the reverse so we can return the card to you. ■ A or card to the back of the maiiplece, nt if space permits. to: OPP/4 CEO 1. Article 6 -►Q c/o /i 9 t O. fax�aa AuL IIIIIIIIII111111IIII IIIIIIIIIIIIIIIIIIIIII 9590 9402 4445 8248 1215 37 5 ( f //k. 2. Article Number (Transfer from service label) 7017 1450 0000 9675 2699 PS Form 3811, July 2015 PSN 7530-02-000-9053 CO'dPLETE 7Hi5 SECT/C;:ON DELIVERY C4JAJ 10 Agent O Addressee tlf hinted Norte) C. Date of Delivery SSot?Abel ioIReil D. Is different from Item 1? 0 Yes If YES, enter delivery address below: 0 No 3. Service type ❑ Priority Mall Express® O Adult SIgnettre O Registered Malta ,�Slgnedure Restricted Delivery O Regbtaod Mat Restricted Mane ❑ Restricted Delivery O Return Receipt for 0 Collect on Delivery Merchandise ❑ Colleen on Delivery Restricted Delivery ❑ Signature Conflnnatlonm n Insured Mall O Signature Confirmation leaned Mall Restricted Delivery Restricted Delivery (over MO) Domestic Return Receipt elleMMOMMOMMIIMI 111110011111.10.0011 aitrr�■ee�■ ■ Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. IN Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: tic 14oiGNER Goo 4'o G t t6 s cJ/ /! 9' 15r S -r' e r �o e307,- d a a zw7' Co Yale)/ IIIIIIIII Iiii 11111111111 111111111111 II I III III 9590 9402 4445 8248 1215 37 ❑ Agent ❑ Addressee G. Date of Delivery (�. . ' os a ervice CERTIFIED MAIL RECEIPT Dowestic'11:ad Only - - For delivery ititorrnatipfl visil.ourClebsite at t t l:Ucpa cow ., O CI a Foe Services & Fees Rio odd Ma aprcWia1 O Roarer ReCilipi fl adcopY) $ ❑ Rehm Receipt (etectremlel $ ❑ Conned Man ReeMoled Denver/ $ ❑ ndult Signature Required $ DMA Signature M1aekad Dane* $ Postage IM a u-i u-i�g r�fotel Postage and Fees l NN rl r9 a a N N ; 2. Article Number (Transfer from service t&ba0 7017 1450 0000 9675 2699 A. Signatu X Postmark Here D. Is delivery address different from item 1? El Yes if YES, enter delivery address below: O No 3. Service 'type ❑ Adult Signature n ult Signature Restricted Delivery fled M&I - red Mali RaebtctedVelveiy ❑ Collect on Delivery ❑ Collect on Delivery Restricted Delivery Insured Mall I insured Mail Restricted Delivery over =rr o R ' Mall Eqirosse red ❑ Reclaimed Mat Restricted O Returnp1for Cl Signature Confirmation**, o Signature Confirmation Restricted Delivery PS Form 3811, July 2015 PSN 7530-02-000-9053 CLERK TO THE BOARD 1150 O STREET PO BOX 758 GREELEY CO 80632-0758 ERIC HOFFNER, CEO C/O FARMERS BANK 119 1ST STREET P.O. BOX 220 AULT CO 80610 Domestic Return Receipt October 23, 2019 CLERK TO THE BOARD PHONE: (970)400-4227 FAX: (970) 336-7233 1150 O STREET P. O. BOX 758 GREELEY, CO 80632 Richard A. Montera c/o Church Barn, LLC 134 Oak Street Eaton, CO 80615 RE: Irrevocable Letter of Credit No. 460 (dated 09/18/2006) Dear Mr. Montera: Enclosed hereto please find a copy of the Board of County Commissioner's Resolution, dated October 9, 2019, releasing the Letter of Credit #460 (dated 09/18/2006) in the amount of $33,220.96, and accepting the Irrevocable Letter of Credit #460 (dated 08/30/2019) in the amount of $4,983.14, on behalf of Richard A. Montera for Church Barn, LLC for warranty collateral related to improvements. Also enclosed you will find copies of the letter sent to Eric Hoffner, CEO at Farmers Bank and released Letter of Credit #460 (dated 09/18/2006). If you have any questions, please contact me at (970) 400-4227, or email choffman@weldgov.com. truly yours, Cheryl L. Hoffman Deputy Clerk to the Board Enclosure cc: Tisa Juanicorena, Department of Public Works Torn Perko, Department of Planning Services Clerk to the Board File PL1840 ru .A ti U, N a- O O rR N O N U.S. Postal Service - CERTIFIED MAIL' RECEIPT Domestic Mail Only For delivery information, visit our wobslto at tv.vo;.usps.corn?. OFFICIAL USE Certified Mall Fee $ ExtraServices A Fees (check tier, add toe as appropriate) ❑ Return Receipt (hardcopy) $ ❑ Return Receipt (electronic) $ ❑ Certified Mall Restricted Deivery $ ['Adult Signature Required $ ['Adult Signature Restricted Delivery $ Postage $ Total Postage and Fees PS Form 3800, April 2015 Purr 71,'S,'.1.2.010.90,17 See Reverse for Instructions • Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to�tqu. • Attach this card to the back of the mailpiece, or on the front if space permits. e Addresseld to: D. Is delivery address different from Item 1? D Yes If YES, enter delivery address below: ❑ No �G /3' - -_ IIIIIIIII IIII IIIII 11111111111U11111111111 �I 9590 9402 4445 8248 1215 44 2. Article Number (Ranier from service label) 7017 1450 0000 9675 2682 PS Form 3811, July 2015 PSN 7530-02-000-9053 Horp `, )/1 )191c1 - 3. Service 'type O Priority Malt Expense O Adult Signature O Registered Main' ult Signature Restricted Delivery ❑ iterod Moll Restricted lied O Mal Restricted Delivery O Return for O Collect on Delivery ,� ❑ Cosset on Delivery ReStdetod Delivery 0 Signature ig atu� CuN rt reused Mail Restricted ��y ntrurod Mall Restricted Delivery guar SC+0oi Domestic Return Receipt 1 9675 SENDER: COMPLETE THIS SECTION • Complete Items'', 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 maliptece, or on the front if space permits. 1. l7 O ✓ 1 N r1 N cte Ad"eagd tb• a cot9L- LG - /3f 111111 II 1II111111111111IIII1I11I(IJI111111III 9590 9402 4445 8248 1215 44 �. •Os a ervice CERTIFIED MAIL`'-' RECEIPT Domestic ,- ail only For dcilvcry mformatior:, vita our \'ICtitlto nt rw^:.usp.;;rcrtt Per Certified Mali Fee LServbes a Fees puck be% add lee aeapprepolWi OnrtrsoRecalpirhabrapYJ $ ❑ Return Receipt (eleaeodci S ❑Certified Mall Restricted Delivery S ❑Adott Signature Feathered S ['Adult Stratum Restricted DelWary S Postmark Here A. A isi-ree ; % Pty! PS f:a:m 3800. itplii 201, or ! nihuctians 2. Article Number Mender from service label} 7017 1450 0000 9675 2682 PS Form 3811, July 2015 PSN 7530-02-000-9053 CCi.InLErE 71 -NO SEC77ON ON NEt IVE N'rr A. Signature X B. Received by (Printed Name) D gent O Addressee C. Date of Delivery D. Is dellany address different from Item 1? O Yes If YES, enter delivery address below: D No 3. Service Type Cr Mutt Signature CSignature Restricted Delivery Main o Cu seed Mall Restricted Delivery Q Return Receipt for O Collect on Delivery Merchandise ❑ Collect on Delivery Restricted Delivery ❑ Signature Conflrmattonlo 'muted Mali ❑ Signature Confirmation neared Mak Restricted Delivery Restricted Delivery ❑ Registmed Mediu ❑ =trd Mall Restricted I CLERK TO THE BOARD 1150 O STREET PO BOX 758 GREELEY CO 80632-0758 Domestic Return Receipt I RICHARD A MONTERA c/o CHURCH BARN LLC 134 OAK STREET EATON CO 80615 RESOLUTION RE: APPROVE IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS (PRIVATE ROAD MAINTENANCE), AUTHORIZE CHAIR TO SIGN, AND ACCEPT COLLATERAL FOR USE BY SPECIAL REVIEW, #1540 - CHURCH BARN, 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 June 14, 2006, the Department of Planning Services staff approved a Use by Special Review #1540, for Church Barn, LLC, 134 Oak Street, Eaton, Colorado 80615, for a Roping/Rodeo Arena and a Public and Quasi -Public Building, including a Church, on the following described real estate, to -wit: Lot B of Recorded Exemption #3961; being part of the SE1/4 of Section 10, Township 6 North, Range 66 West of 6th P.M., Weld County, Colorado WHEREAS, pursuant to certain Conditions of Approval, the Board has been presented with an Improvements Agreement According to Policy Regarding Collateral for Improvements (Private Road Maintenance) between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Church Barn, LLC, with terms and conditions being as stated in said agreement, and WHEREAS, the Board has been presented with Irrevocable Letter of Credit #460 from Farmers Bank, 1191st Street, P.O. Box 220, Ault, Colorado 80610, in the amount of $33,220.96, and WHEREAS, after review, the Board deems it advisable to approve said agreement and accept said Irrevocable Letter of Credit as stated above, copies of which are attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Improvements Agreement According to Policy Regarding Collateral for Improvements (Private Road Maintenance) between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Church Barn, LLC, be, and hereby is, approved. //124)/4,4 43O/ 2006-3027 PL1840 102-'�-Ofv IMPROVEMENTS AGREEMENT - CHURCH BARN, LLC PAGE 2 BE IT FURTHER RESOLVED that Irrevocable Letter of Credit #460 from Farmers Bank, 119 1st Street, P.O. Box 220, Ault, Colorado 80810, in the amount of $33,220.96, be and hereby is, accepted. The above and foregoing Resolution was, an motion duly made and seconded, adopted by the following vote on the 30th da + ober, A.D., 2006_ ATTEST: Weld my Clerk to the BY: Dep Date of signature: BOARD OF COUNTY COMMISSIONERS ELD COU ►' , COLORADO Wtliarr1H. Jerke Rob. Masde Gle n Vaal -AU? 2006-3027 PL1840 IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEM ENTS (PRIVATE ROAD MAINTENANCE) THIS AGREEMENT, made and entered into this Eday of August, 2006, by and between the County of W eld" State of Colorado, acting through its Board of County Commissioners, hereinafter called "County," and Church Barn, LLC., hereinafter called "Applicant." WITNESSETH: WHEREAS, Applicant is the owner of, or has a controlling interest In the following described property in the County of Weld, Colorado: WHEREAS, a Final Subdivision/Planned Unit Development (PUD) plat of said property, to be known as USR 1540 has been submitted to the County for approval, and WHEREAS, relevant Sections of the Weld County Code provide that no Subdivision Final Plat, Planned Unit Development Final Plat, or Site Plan shall be approved by the County until the Applicant has submitted a Subdivision Improvement Agreement guaranteeing the construction of the public improvements shown on plans, plats and supporting documents of the Subdivision Final Plat, Planned Unit Development Final Plat, or Site Plan, which improvements, along with a time schedule for completion, are listed in Exhibits "A" and "B" of this Agreement. NOW, THEREFORE, IN CONSIDERATION OF the foregoing and of the acceptance and approval of said Final Plat, the parties hereto promise, covenant and agree as follows 1.0 Engineering Services : Applicant shall furnish, at Its own expense, all engineering services in connection with the design and construction of the Subdivision or Planned Unit Development Improvements listed on Exhibit "A,' which is attached hereto and incorporated herein by reference. 1.1 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. 1.2 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. 13 Applicant shall furnish drawings and cost estimates for roads within the Subdivision or Planned Unit Development to the County for approval prior to the letting of any construction contract. Applicant shall furnish one set of reproducible "as -built" drawings and a final statement of construction cost to the County. 2.0 Rights -of -Way and Easements : Before commencing the construction of any improvements herein agreed upon, Applicant shall acquire, at its own expense, good and sufficient rights -of -way and easements on all lands and facilities traversed by the proposed improvements. 3.0 Construction : Applicant shall furnish and install, at its own expense, the Subdivision or Planned Unit 11Nu111111 IIIII 111111111N II MINI III 11111 1111 I I II 3436168 11/2012006 02:26P Weld County, CO 1 of 11 R 0.00 Q 0.00 Steve Moreno Clerk & Recorder 2006-3027 Development Improvements listed on Exhibit "A," which is attached hereto and incorporated herein by reference, according to the construction schedule set out in Exhibit B" which Is also attached hereto and incorporated herein by reference. 3.1 Said construction shall be in strict conformance to the plans and drawings approved by the County and the specifications adopted by the County for such public improvements. Whenever a Subdivision or Planned Unit Development is proposed within three miles of an incorporated community located in Weld County or located in any adjacent county. the Applicant shall be required to install Improvements in accordance with the requirements and standards that would exist If the plat were developed within the corporate limits of that community. If the Incorporated community has not adopted such requirements and standards at the time the Subdivision or Planned Unit Development is proposed, the requirements and standards of the County shall be adhered to. If both the incorporated community and the County have requirements and standards, those requirements and standards that are more restrictive shah apply. 12 Applicant shall employ, at its own expense, a qualified testing company previously approved by the County to perform all testing of materials or construction that is required by the County; and shall furnish copies of test results to the County. 3.3 At all times during said construction, the County shall have the right to test and inspect, or to require testing and inspection of material and work at Applicant's expense. Any material or work not conforming to the approved plans and specifications shall be removed and replaced to the satisfaction of the County at Applicant's expense. 3.4 Applicant shall furnish proof that proper arrangements have been made for the installation of sanitary sewer or septic systems, water, gas, electric and telephone services. 33 Said Subdivision or Planned Unit Development improvements shall be completed, according to the terms of this Agreement, within the construction schedule appearing in Exhibit "B.' The Board of County Commissioners, at its option, may grant an extension of the time of completion shown on Exhibit upon application by the Applicant subject to the terms of Section 6 herein. 4.0 Release of Liability : Applicant 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 said design and construction of improvements. and pay any and all judgments rendered against the County on account of any such suit, action or claim, together with all reasonable expenses and attorney fees incurred by County in defending such suit, action or claim whether the liablety, 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. (THERE IS NO SECTION 5) 6.0 Approval of Streets by the County : Upon compliance with the following procedures by the Applicant, streets within a Subdivision or Planned Unit Development may be approved by the County as public roads and will be maintained and repaired by a Homeowners Association or, in its absence, the owners of lots within the Subdivision or Planned Unit Development. 6.1 If desired by the County, portions of street improvements may be placed in service when completed according to the schedule shown on Exhibit "B," but such use and operation shall not constitute an approval of said portions. 111!111 I1N111lN NNIN 1111 !N 1 111111111111 111 II II 3136168 11/20/2006 02•.ZSP Weld County, CO 2 of 11 R 0.00 D 0.00 Steve Moreno Clerk & Recorder 6.2 6.3 County may, at its option, issue budding permits for construction on lots for which street improvements detailed herein have been started but not completed as shown on Exhibit B," and may continue to issue building permits so long as the progress of work on the Subdivision or Planned Unit Development improvements in that phase of the development Is satisfactory to the County; and all terms of this Agreement have been faithfully kept by Applicant Upon completion of the construction of streets within a Subdivision or Planned Unit Development and the filing of a Statement of Substantial Compliance, the applicant(s) may request in writing that the County Engineer inspect Its streets and recommend that the Board of County Commissioners partially approve them. Not sooner than nine months after partial approval, the County Engineer shall, upon request by the applicant, inspect the subject streets, and notify the applicant(s) of any deficiencies. The County Engineer shall reinspect the streets after notification from the applicant(s) that any deficiencies have been corrected. If the County Engineer finds that the streets are constructed according to County standards, he or she shall recommend full approval. Upon a receipt of a positive unqualified recommendation from the County Engineer for approval of streets within the development, the Board of County Commissioners shall fully approve said streets as public but with private pay. 7.0 General Requirements for Collateral . 7.1 7.2 The value of all collateral submitted to Weld County must be equivalent to One -Hundred percent (100%) of the value of the improvements as shown in this Agreement. Prior to Final Plat approval, the applicant shall indicate which of the five types of collateral preferred to be utilized to secure the improvements subject to final approval by the Board of County Commissioners and the execution of this Agreement. Acceptable collateral shall be submitted and the plat recorded within six (6) months of the Final Plat approval. If acceptable collateral has not been submitted within six (6) months then the Final Mat approval and all preliminary approvals shall automatically expire, Applicant may request that the County extend the Final Plat approval provided the cost estimates are updated and the development plans are revised to comply with all current County standards, policies and regulations. The improvements shall be completed within one (1) year after the find Plat approval (not one year after acceptable collateral is submitted) unless the applicant(s) requests that this Agreement be renewed at least thirty (30) days prior to its expiration and further provides that cost estimates for the remaining improvements are updated and collateral is provided in the amount of One -Hundred percent (100%) of the value of the improvements remaining to be completed . If improvements are not completed and the agreement not renewed within these time frames, the County, at its discretion, may make demand on all or a portion of the collateral and take steps to see that the improvements are made. The applicant may choose to provide for a phased development by means of designating filings of a Planned Unit Development Final Mat or Subdivision Final Plat. The applicant would need only to provide collateral for the improvements in each filing as approved. The County will place restrictions on those portions of the property that are not covered by collateral which will prohibit the conveyance of the property or the issuance of building permits until collateral is provided or until improvements are in place and approved pursuant to the requirements for a Request for Release of Collateral. 7.3 The applicant intends to develop in accordance with Exhibits "A' and "B." 8.0 Improvements Guarantee ; The five types of collateral listed below are acceptable to Weld County subject to final approval by the Board of County Commissioners. 8.1 An irrevocable Letter of Credit from a Federal or State licensed financial institution on a form approved by Weld County. The Letter of Credit shaN state at least the following: 1.1.1 The Letter of Credit shall be in an amount equivalent of One -Hundred percent (100%) of the total value of the improvements as set forth in Section 6.0 and Exhibits "A' and 'B." 3.1.2 The Letter of Credit shall provide for payment upon demand to Weld County if the developer has not performed the obligations specified In the Improvements Agreement and the issuer II 1II1NlllllltIIIIIIIiii IIIIIIII IIIIIIIIIIIII IIll+1 �;2 P We)d County. C 343615e 1112012006 3 of 11 R 0.00 D 0.00 Steve Moreno Clerk di Recorder has been notified of such default 8.13 The applicant may draw from the Letter of Credit in accordance with the provisions of this policy. 8.1.4 The issuer of the Letter of Credit shall guarantee that, at all times the unreleased portion of the Letter of Credit shall be equal to a minimum of One -Hundred percent (100%) of the estimated costs of completing the uncompleted portions of the required improvements, based on inspections of the development by the issuer. In no case shall disbursement for a general improvement hem exceed the cost estimate in the Improvements Agreement (i.e., streets, sewers, water mains and landscaping, etc.). The issuer of the Letter of Credit will sign the Improvements Agreement acknowledging the agreement and its cost estimates. 8.1.5 The Letter of Credit shall specify that fifteen percent (15%) of the total Letter of Credit amount cannot be drawn upon and will remain available to Weld County until released by Weld County. 8.1.6 The Letter of Credit shall specify that the date of proposed expiration of the Letter of Credit shall be either the date of release by Weld County of the Anal fifteen percent (15%), or one year from the date of Final Plat approval, whichever occurs first. Said letter shall stipulate that in any event, the Letter of Credit shall remain in full force and effect until after the Board has received sixty (60) days written notice from the issuer of the Letter of Credit of the pending expiration. Said notice shag be sent by certified mail to the Clerk to the Board of County Commissioners. 8.2 Trust Deed upon all or some of the proposed development or other property acceptable to the Board of County Commissioners provided that the following are submitted: 8.2.1 8.2.2 In the event property within the proposed development is used as collateral, an appraisal is required of the property in the proposed development by a disinterested Member of the American institute of Real Estate Appraisers (M.A.L) indicating that the value of the property encumbered in its current degree of development is sufficient to cover One -Hundred percent (100%) of the cost of the improvements as set forth in the Improvements Agreement plus all costs of sale of the property. In the event property other than the property to be developed has been accepted as collateral by Weld County, then en appraisal Is required of the property by a Member of the Institute of Real Estate Appraisers (MAJ.) Indicating that the value of the property encumbered in its current state of development is sufficient to cover One -Hundred percent (100%) of the cost of the improvements as set forth in the Improvements Agreement plus all costs of sale of the property. 8.2.3 A title insurance policy insuring that the Trust Deed creates a valid encumbrance which is senior to all other liens and encumbrances. 8.2.4 A building permit hold shall be placed on the encumbered property. 8.3 Escrow Agreement that provides at least the following: 13.1 The cash in escrow is at least equal to One -Hundred percent (100%) of the amount specified in the Improvements Agreement. 8.3.2 The escrow agent guarantees that the escrowed funds will be used for improvements as specified in the agreement and for no other purpose and will not release any portion of such funds without prior approval of the Weld County Board of Commissioners. 11111111118 Ki1l 11111111111 III Illlilt III !1111 Ili 1N 3436168 11,40/2006 02:2 Weld eht, 4 et 11 R 0.80 D 0.00 Steve Moreno Clerk d Reoofder 83.3 The escrow agent will be a Federal or state -licensed bank or financial institution. 8.3.4 If Weld County determines there is a default of the Improvements Agreement, the escrow agent, upon request by the County, shall release any remaining escrowed funds to the County. 8.4 A surety bond given by a corporate surety authorized to do business in the State of Colorado in an amount equivalent to One -Hundred percent (100%) of the value of the improvements as specified in the Improvements Agreement, eS A cash deposit made with the County equivalent to One -Hundred percent (100%) of the value of the improvements. 9.0 Request for Release of Collateral : Prior to release of collateral for the entire project or for a portion of the project by Weld County, the Applicant must present a Statement of Substantial Compliance from an Engineer registered in Colorado that the project or a portion of the project has been completed in substantial compliance with approved plans and specifications documenting the following! 9.1 The 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 approved by Weld County. 9.2 Test results must be submitted for all phases of this project as per Colorado Department of Transportation Schedule for minimum materials sampling, testing and inspections found in the Colorado Department of Transportation (COOT) M aterials Manual. 9.3 'As built' plans shall be submitted at the time the letter requesting release of collateral is submitted. The 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 approval from the County Engineer. 9.4 The Statements of Substantial Compliance must be accompanied, if appropriate, by a letter of acceptance of maintenance and responsibility by the appropriate utiNty company, special district or town for any utilities. 9.5 A letter must be submitted from the appropriate Fire Authority indicating the fire hydrants are in place in accordance with the approved plans. The letter shall indicate If the fire hydrants are operational and state the results of fire flow tests. 9.6 The requirements in paragraphs 9.0 thru 9.5 shall be noted on the final construction plans. 9.7 Following the submittal of the Statement of Substantial Compliance and recommendation of approval of the streets by the County, the applicant(s) may request release of the collateral for the project or portion of the project by the Board. This action will be taken at a regularly scheduled public meeting of the Board. 9.8 The request for release of collateral shall be accompanied by "Warranty Collateral" in the amount of fBteen percent (15%) of the value of the improvements as shown in this Agreement excluding improvements fully accepted for maintenance by the responsible governmental entity, special district or utility company. 9.9 The warranty collateral shall be released to the applicant upon final approval by the B oard of County Commissioners. 10.0 Public Sites and Open Spaces : When the Board of County Commissioners, pursuant to a rezoning, Subdivision or Planned Unit Development, requires the dedication, development and/or reservation of areas or sites other than Subdivision or Planned Unit Development streets and utility easements of a character, extent and location suitable for public use for parks, greenbelts or schools, said actions shall be secured in accordance with one of 1111111111111111111111111111111111111111111111111 IIII 3436158 11/20T006 Ixt:26P Weld County. Ca 5 of 11 R 0.0$ D 0.00 Steve Moreno Clerk 8 Recorder the following alternatives, or as specified In the Planned Unit Development (PUD) Plan, if any: 10.1 The required acreage as may be determined according to the Weld County Subdivision Regulations shall be dedicated to the County or the appropriate school district, for one of the above purposes. Any area so dedicated shall be maintained by the County or school district. 10.2 The required acreage as determined according to Chapter 24 of the Weld County Code, may be reserved through deed restrictions as open area, the maintenance of which shall be a specific obligation in the deed of each lot within the Subdivision or Planned Unit Development. 103 In lieu of land, the County may require a payment to the County In an amount equal to the market value at the time of Final Plat submission of the required acreage as determined according to Chapter 24 of the Weld County Code. Such value shall be determined by a competent land appraiser chosen Jointly by the Board and the Applicant. The cash collected shall be deposited in an escrow account to be expended for parks at a later date. 11.0 Successors and Assigns : This Agreement shall be binding upon the heirs, executors, personal representatives, successors and assigns of the Applicant, and upon recording by the County, shall be deemed a covenant running with the land herein described, and shall be binding upon the successors in ownership of said land. 111111 11111111111111111 111111111111 3136158 11/2012%16 02:26PWeld County, CO 8 of 11 R 0.00 D 0.00 Steve Moreno Clerk & Recorder 6 IN WITNESS WHEREOF, the panics hereto have caused this Agreement to be executed on the day and year first above written. APPLICANT. APPLICANT- _ TITLE: Subscribed and sworn to before me this day of A-Urial. 20Q'(s'. My Commission ATTEST Weld County Clerk to the Board! tot •..d APPROVED AS TO FORM: County Attorney I 111111 11111 Mil 111 11 II III 11111111 III 1110 IAI IIII 3436158 11/20/2006 02:26P Weld County, Co 7 of 11 R 0.00 D 0.00 Steve Moreno Clerk 8 Recorder Notary Public BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COL DO LA M. J. Geile ,Chair (1O/3O/2O06) 1 &coo -k7 EXHIBIT °A" Name of Subdivision or Planned Unit Development: USR - 1540 Filing: _. Location: Lot B of Aro RE -3961, SE1 /4 of SI0,T6,R66 Ait intending to be legally bound, the undersigned Applicant hereby agrees to provide throughout this Subdivision or Planned Unit Development the following improvements. (Leave spaces blank where they do not apply) improvements Site grading Street grading Street base Street paving . Base Curb,gutters,and Sidewalk Storm sewer facilities Retention ponds Ditch Improvements Subsurface drainage Sanitary sewers Trunk and forced lines Mains Laterals (house connected) On -site sewage facilities On -site water supply and storage Water Mains (Includes bore) Fire hydrants Survey and street monuments and boxes Street lighting Street Names Fencing requirements Landscaping & Parking Lot Park improvements Road culvert Grass lined swa.le Telephone Gas Electric Water transfer SUB -TOTAL: Engineering and Supervision Costs S l 500,00 Quantity Units Costs 1 5000.00 343 L54 343 17,18 '2, A itk Estimated Construction Cost 5000.00 52g.22 589234 20000.00 300.00 31720.96 (Testing, inspection, as -built plans and work in addition to preliminary and final plat; supervision of actual construction by contractors) TOTAL ESTIMATED COST OF IMPROVEMENTS AND SUPERVISION S 33,220,96 The above improvements shalt be constructed in accordance with all County requirements and specifications, and it111111.1111 111111111111111111111111 11111 1111 1111 3.aa6158 11120/2096 a2:2sp wets County CO 8 of R 0.00 fl.Oti Steve Moreno Clerk & Recorder conformance with this provision shall be determined solel y W aid County, or its duly authorized agent. Said improvements . completed according • A7onstruction schedule set out in Exhibit'B.' Applicant Applicant Title (If corporation, to be Date: 19t0s4' 202k. ted to by Secretary, together with corporate seal.) Intl! 1111 II11I 1111111.11,11111.111111.11),!111111 X111 3136168 11120/2106 0 of 11 R 0.00 0 0.00 Steve Moreno Clerk & Recorder EXHIBIT "B" Name of Subdivision or Planned Unit Development: USR-1540 Filing: Location: Lot B of AMRE - 3961, SE1/4 of SIO,T6,R66 Intending to be legally bound, the undersigned Applicant hereby agrees to provide throughout this Subdivision or Planned Unit Development the following Improvements. Alt improvements shall be completed within 1 years from the date of approval of the final plat. Construction of the improvements listed in Exhibit "A" shall be completed as follows: (Leave spaces blank where they do not apply.) Improvements Site grading Street base Street paving Curbs, gutters, and culverts Sidewalk Storm sewer facilities Retention ponds Ditch improvements Subsurface drainage Sanitary sewers Trunk and forced lines Mains Laterals lhouse connected) On -site sewage facilities On -site water supply and storage Water mains Fire hydrants Survey and street monuments and boxes Street lighting Street name signs Fencing requirements Landscaping Park improvements Road culvert Grass lined swale Telephone Gas Electric Water Transfer SUB -TOTAL; 1111111111111111111111111111111111111111 NMI 3436158 11120/2000 02:26P Weld County, CO 10 01 11 R 0.00 D 0.00 Steve Moreno Clerk & Recorder Time for Completion 9mo 9mo 9mo 12mo 9mo The County, at is option, and upon the request of the Applicant, may grant an extension of time for completion for any particular improvements shown above, upon a showing, the Applicant that the above schedule cannot be met. By. Applicant Date: 1tuldf k'2K, attested to by Secretary, together with corporate seal.) I1111111II11111111111111Ili11111111IIIIIIII111tIIII N ,� „ �� o.eP W.td ntY, R v. „ of „ R 0.00 0 0.00 Stove Mote 11 WI�Pc ("i0‘4:1 COLORADO Memorandum TO: Clerk to the Board Office Board of County Commissioners DATE; September27, 2006 FROM: Brad Mueller, Assistant Director Department of Planning Services RE: Acceptance of Collateral and Improvements Agreement for USR-1540 (Montera / Church Barn LLC) The Department of Planning Services has received evidence of collateral for the Church Barn USR (Planning File USR-1540), John Montera, owner. This collateral is in the form of a Letter of Credit (Option No. 1 from the Improvements Agreement) in the amount of $33,220.96, covering items outlined in Exhibit A of the attached executed Improvements Agreement plus the 15% guarantee required of the Agreement. The Improvements Agreement and collateral have been reviewed by the Departments of Planning Services and Public Works, as well as the County Attorney's office, and it has been determined that the amount of collateral is sufficient to cover the proposed improvements. The Departments of Planning Services and Public Works recommend acceptance of this collateral and the attached Improvements Agreement, and they request scheduling with the Board. ooL-3oz7 Mkt Conti phnrang Departmeid Git$ELEY OFFICE Wi�PG fit*PR COLORADO MEMORANDUM AUG 1 4 2006 RECEIVED TO: Brad Mueller, Planning Services DATE: August 10, 2006 FROM: Donald Carroll, Public Works Department SUBJECT: USR-1540, Montera (Church Barn LLC) The applicant's representative, Casseday Creative Design, has submitted the Improvements Agreement According to Policy Regarding Collateral for improvement (private road maintenance). I have reviewed the transportation portion of Exhibit A on Page 8; all transportation items appear to be adequate to complete this project. The Weld County Public Works Department recommends acceptance of the transportation portion. All other non -transportation items should be verified by Planning Services prior to scheduling. pc: USR-1540 M:IPLANNING - DEVELOPMENT REVIEWIUSR-Use by Special RevievAUSR-1540-A.doc IRREVOCABICAlatikEDIT NO. 460 Farmers BANK September 18, 2006 Board of County Commissioners ATTN: Clerk to the Board PO Box 758 Greeley, CO 80732 RE: Montera, Richard A. Dear: Weld County, We hereby open our Irrevocable Letter of Credit in your favor for the account of Richard A. Montera, 134 Oak Ave, Eaton, CO 80615, for a sum not to exceed the aggregate of Thirty-three Thousand, Two Hundred Twenty and 96/100ths. Each draft so drawn must be marked "Drawn under FARMERS BANK. I 19 I" Street, Ault, CO 80610, Letter of Credit No. 460 and be accompanied by a"signed statement from the Board of County Commissioners of Weld County, Colorado stating the has committed a material breach of the Improvements Agreement to Policy Regarding collateral for Improvement regarding dated the of , 20 by and between Richard A. Montera and the Board of County Commissioners of the County of Weld." This credit is subject, so far as applicable, to "The Uniform Customs and Practice for Documentary Credits, 1993 Revision, The International Chamber of Commerce Publications No. 500." We hereby agree with you that all drafts drawn under and in compliance with the terms of this credit will be duly honored and presented for payment to our main office, FARMERS BANK, 119 1" Street, Ault, CO 80610. This letter of credit will expire on September 18, 2007 at 5:00P.M. This letter of credit is automatically extended without amendment, for additional one-year periods from the current expiration or any future expiration date unless 60 days prior to such current expiration date FARMERS BANK notifies beneficiary in writing that the letter of credit will not be renewed. In the case you receive such a notification, you may draw by presentation of the following: (a) a draft at sight on FARMERS BANK; (b) a statement purportedly signed by an official of the Board of County Commissioners of Weld County, Colorado stating that we have received notice from FARMERS BANK the Letter of Credit No. 460 will not be renewed and that Richard A. Montera has failed to provide proof of adequate collateral and substitution of this Letter of Credit No. 460; (c) copy of letter from FARMERS BANK stating non -renewal of Letter of Credit No. 460 and the original letter of credit. Yours truly, F J. Bauer President FJB/aeb I19 Is: Street • RU Box 220 • Ault, Colorado 80610 • 1970) 834 2121 / Fax 1070) 93a-13': Page 1 of 1 Donna Bechler To: Brad Mueller Subject: RE: Collateral for Church Barn USR-1540 Hi Brad, That's correct. Bruce said he e -mailed you on 10/3 to say we need a different Letter of Credit, so I am still holding the paperwork at my desk. It needs to be like the "example Letter of Credit" we sent out last summer. Donna From: Brad Mueller Sent: Thursday, October 12, 2006 10:09 AM To: Donna Bechler Subject: Collateral for Church Barn USR-1540 Could you please remind me whether this got accepted or not? I think we sent over a LOC that wasn't acceptable as to form, so it's still pending, but I'm not 100% sure. Thanks, Brad 10/12/2006 COLORADO June 18, 2009 FARMERS BANK 119 1ST STREET PO BOX 220 AULT, COLORADO 80610 CLERK TO THE BOARD PHONE (970) 336-7215, Ext. 4225 FAX: (970) 352-0242 P. O. BOX 758 GREELEY, COLORADO 80632 RE: Letter of Credit #460 for Richard Montera Ladies and Gentlemen: This letter shall act as a reminder of your obligations to the Board of County Commissioners of Weld County under the above -referenced Letter of Credit. As you are aware, on the 18th day of September, 2006, Farmer's Bank issued an Irrevocable letter of Credit on behalf of Richard Montera, (Church Barn, LLC), naming the Board of County Commissioners of Weld County, Colorado as beneficiary. The dollar amount of the Letter of Credit was established at Thirty-three Thousand, Two Hundred Twenty and 96/100 ($33,220.96). The terms of the Letter of Credit require that it be maintained by your institution until the 18th day of September, 2007, with auto renewal unless 60 days notice is provided. If you believe that the Letter of Credit has expired, please contact me immediately, as you are required under the terms of the Letter of Credit to replace it. If you have any questions regarding this letter or your obligations under the Letter of Credit, or if you disagree with any of the statements contained herein, please call Donna Bechler, at 970-356-4000, ext. 4227. Very truly yours, 444/14, Donald D. Warden Clerk to the Board By: Deputy ClerMb the Board pc Church Barn, LLC, do Richard Montera ra a .o ra rn t1.I fU O O O O ru co tit C N U.S. Postal Service CERTIFIED MAIl r RECEIPT (linmealw Mail Only, Nu Insurance Coverage Prov,derl) Caelried Rse Return Receipt Fes (Erdaeemeer Required) eeicted Newry amen Fee (En Talal Postage d Fees SENDLI- rt rii, - ,r cnn • Complete items 1, end 3. Also complete Item 4 If estricted�Delivery Is desired. • Print your name and address on the reverse so that we can return the card to you. I Attach this card to the back of the maitplece, or on the front if space permits. t. Article Addressed to: FArrniers del /be //9 /A/ St 'o d4 a© fleoz ao "06 /e D. le delivery e YES, Postman( l 91,17 different from Item 1? address below: in No 3. Service .. 0f�irtMMd Mall D Registered L7 Insured Mall 0 Express Mail Ofentlrn Receipt for Merchandise (� C.O.O. 2. Article Number (Transfer from service tabs, 70175 1820 0003 5225 1898 PS Form 3811, Februwy2004 Domestic Return Receipt 1 O 5a9.OZ #t•1S/e Farmers B# NiK June 22, 2009 Weld County, Colorado Clerk to the Board PO Box 758 Greeley, CO 80632 Re: Letter of Credit #460 for Richard Montera To the Clerk and Deputy Clerk to the Board, Thank you for your recent letter dated June 18, 2009 in reference to the above -mentioned Letter of Credit issued by Farmers Bank. We apologize for the lapse in time regarding the status of this letter. As per our records, please let your records reflect that this Letter of Credit #460 issued on behalf of Richard Montera for the amount of $33,220.96 has matured and will not be renewed. Should you need additional information or have further questions, please contact me at (970) 834-2121, Thank you for your assistance. Sincerely, Id ifiLc.. 46 An drea Jarbo Loan Admin Officer cc: file 119 1st Str eel • PO flux 220 • Auk, Colorado 80610 • (970( 831 2121 ; rdx (9701 8 14-13 51 Farmers MAIN 1< 119 1n Street, Ault, CO 80610 (970) 834-2121 phone (970) 834-1351 fax Te: Esble, oz4tGIe.._ FRAN aid40-c Ste/ boc- Pas leriel/of Phew Pages; 2 o& eJ' cc Bret. clite citer- O Urgent 0 For Review 0 Please Comment 0 rlosse IR.pty 0 Please Recycle f i e -S -trier, T %d sprat respeitse email opt saber 4e/7 Cp ec to rtlQrds t ` i i (:)I c,Cir *467o. Pica., n -Le- , r you ttzei 2dd, l r� Ste. -04 ✓are ad 7%t _we -41d apnaj .5011-1/464-1.1V144/ asiefr.ezzjelrile„ If you do sot maitre all pales or emotion* any difficulty Me branamissioo, please contact the sender at the Fainter Bark (870) 8344121. This facsimile tranernieaion contain i fora . an belonging n the sender, vdtitti is eorddential and Iegaly privileged. This it anne0on le strictly for the uee of he addle' or entity to which It Is addressed. as Indicated stove, If you arena the Intended recipient, disclosure, copying dki6ibulian or scam taken rigor*" the oonfni of the irfornplltan is strictly pillaged. If you have received tale denern eskm kt et M, Ow $ alto seder to arrange for h return at at averse. Thank you, I 'd 019tr a't g saawitj wdzZ:E 6002 1'1 110 Donna Bechler From: Brad Mueller Sent: Friday. September 11, 2009 12:01 PM To: Donna Bechler; Clayton D. Kimmi Cc: Brad Mueller Subject: Montera/Church Barn USR-1540 collateral. Attachments: Letter Church Barn unfinished improvements.doc Clay & Donna, I've been trying to contact either the bank or Mr. Montera for two weeks before sending this letter, because I wanted to better understand the status of the existing LOC. I finally connected with Andrea at Farmers Bank, and explained to her that under the terms of the LOC the LOC was to be renewed until the County releases it, so it needs to remain in force, because we have determined that not all of the improvements have been completed. I have attempted to speak with Mr. Montera about the same, but have been unsuccessful, so I am sending this letter today despite that. Thanks, Brad Donna Bechler From: Sent: To: Cc: Subject: Brad Mueller Tuesday, September 08, 2009 8:32 AM Donna Bechler Brad Mueller RE: Updated Collateral List as of 07/09/2009 Thanks, Donna. From what you report, I gather that no additional info has come from Farmer's Bank. I'll check with them and Mr. Montera. The second paragraph is in regards a different site. The old Bayou is on Hwy 85 (at Lucerne) and has been converted to a church. The site I'm looking at is at 34059 CR 33, Kim's notes were somewhat correct at the time, but we've talked through that and got an accurate list of missing improvements, which I'll be following up on. Thanks — I'll let you know what we find out. Brad From: Donna Bechler Sent: Tuesday, September 08, 2009 8:19 AM To: Brad Mueller Subject: RE: Updated Collateral List as of 07/09/2009 Good morning Brad, The info I have is- we received a letter from Farmer's Bank on 06/22/2009, stating the Letter of Credit has matured and wilt not be renewed. The notes I have ( I don't know who wrote these) say "the Bayou at Lucerne was sold and another church group moved in. The new church does not have an improvements agreement and it is unknown if they did any of the improvements. Needs access parking and drainage, Don Carroll is going to check on it. Not sure if Richard Montera is still active or not." There is an e-mail from Kim Ogle on July 2, 2009, and this is what it said. "The size of the building appears to be substantially scaled down from what was permitted. The parking area that is graveled and graded appears to be able to accommodate 25-30 vehicles. Access apron off of CR 33 is in place and without default in construction. 2 ADA parking places near the door are present, no pavement but signed. Retention basins are in place and the single basin is bisected by a secondary access to CR 70 a local gravel road. Staff to review if this should be closed. Question presented to Planning...is this a substantial modification from the approved plat? Would staff consider implementing a down sized facility and restrict occupancy load of building. Required parking is one space per 4 seats. Given size of building occupancy load appears to be 75-100 persons." This sums up all the information that I have. Hope it helps. Donna From: Brad Mueller Sent: Tuesday, September 08, 2009 7:44 AM To: Donna Bechier Subject: RE: Updated Collateral list as of 07/09/2009 Donna, Can you advise me of the status of the collateral for Church Barn LLC (PL 1840, tt2006-3027)? We are in the process of advising them that all of their improvements are not completed. I know that there was some correspondence in June with them, but it's unclear to me as to how that played out. Thanks. Brad X3572 From: Donna Bachler Sent: Thursday, July 09, 2009 12:51 PM To: Bruce Barker; Donald Carroll; Brad Mueller; Kim Ogle; Chris Gathman; Jacqueline Hatch; Michelle Martin; David Bauer; Richard Hastings; Donald Stang; Don Dunker; Stephanie Arries Subject: Updated Collateral List as of 07/09/2009 Hi everyone. We're working on adding hyperlinks to the collateral list, but they won't be available until your department is changed over to Microsoft Office Word 2007. After that you should be able to open the files by holding down the Ctrl key and clicking on the document number. Donna (For those who opened your first e-mail from me before I recalled the message, please delete that one because this is the newest version. I sent the first list without removing the latest releases.) 2 Page 1 of 2 Andrea Jarboe From: Andrea Jarboe [efarboe®faemerrbank-weld.eomJ Sent: Tuesday, October 05, 2009 2:50 PM To; Stave Rickard Subject RE Richard Montera/Churrtl Bern Collateral Good afternoon Esther, Stave Rickard forwarded you email on to me. Farmers Bank would Ike you to dsregard the letter sent Me 22, 200e, and relating correspondence to the Latter of Credit #480 for $33,220.96. The Letter of Credit Issued on behalf of RIChard Monter, will stay active and open until notification from the Weld County Planning Department that all improvements have been completed. Please let me know If you need any additional information or documentation_ Have a nice day, Andrea Jarboe Farmers Bank (970) 834.2121 (970) 634-1351 fax ejarboe.farmersbank weld.com Original Message --- From: Steve Rickard jndeo:sridcardil lfarme bank weld.com1 Sent Monday, October 05, 2009 2:52 PM Tor Andrea Jarboe Subject FW: Richard Montiera/Church Barn Collateral Orfglnal Message -- Frew Esther Gesick [malto;eyesidc@co.weld.co,us] Sant Monday, October 05, 2009 1:40 PM Tor sridcarddMarmersbenk-we d.aom Cc: Brad Mueller; Kim Ogle; Richard Hastings; Donald Carroll; Stephanie Arries; Donne Bechier; Esther Gesick Subject Rkthard Montlra/Qwrch Dam Collateral Mello Steve, Per our telephone oonversation last Friday, I've attached a copy of the Improvements Agreement and associated collateral that is currently held and recognized by Weld County. if Fanners Bank is willing to send a response to this e-mail or a separate correspondence Indicating Its recognition of Letter of Credit #460, in the amount of $33,220.96, with instruction to disregard the previous correspondence dated June 2Z 2009, then no further action is neoeasary. However, if the Bank chooses to submit replacement collateral, please refer to the attached Letter of Credit Form when preparing the replacement collateral for the same amount, and staff will present It to the Beard of Commtssloners to document the release of #460 and acceptance of the replacement, If you have any questions. please let me know. Thanksl Esther E. Gesick 10/6/2009 t 'd 0L91N Muni 11 "1" Adll:E 6002 ')l 150 Donna Bechler From: Sent: To: Subject: Good morning Ms. Bechler, Andrea Jarboe [aJarboe@farmersbank-weld.corn] Wednesday, December 14.2011 10:35 AM Donna Bechler RE: Church Barn Collateral Please accept this email as confirmation that Farmers Bank is in agreement to continue the Letter of Credit #460 for $33,220.96 for Richard Montera/Church Barn collateral. The Letter of Credit issued on behalf of Richard Montera/Church Barn will remain active and open until notification from the Weld County Planning Department is received that all improvements have been completed. Please let me know should you need any additional information or documentation. Thank you for your patience and cooperation. Have a wonderful holiday season! Sincerely, Andrea Jarboe Farmers Bank Ph (970) 834-2121 Fax (970) 834-1351 NMLS# 789652 From: Donna Bechler (mai to:dbechlerepco.weld.co.usl Sent: Tuesday, December 13, 2011 8:23 AM To: aiarboetB farmersbank-weld.com Cc: srickard6Bfarmersbank-weld.com Subject: Church Barn Collateral Ms. Jarboe, Since it's been two years since our last correspondence with you regarding the Richard Montera/Church Barn collateral, (Irrevocable Letter of Credit #460, for 533,220.96) we would ask that Farmers Bank either send replacement collateral or send us another continuation letter, or e-mail, stating the collateral is still available. According to our Department of Public Works, there are still drainage and access Issues to resolve before the collateral can be released. For your information, I have attached a copy of the e-mail we received from you the last time we discussed this issue. Your response to this a -mall will be greatly appreciated. Thank you. Donna Bechler Deputy Clerk to the Board 1150 O Street P.O. Box 758 Greeley, Colorado 80632 970-336-7215 Ext 4227 1 a - 30a 7 /ot 4929 Donna Bechler From: Sent: To: Subject: Ms. Jarboe, Donna Bechler Tuesday, September 25, 2012 4:27 PM 'Andrea Jarboe' RE: Church Barn Collateral and Letter of Credit Thank you so much for your e-mail. I will scan it in with our other documents for Church Barn. Donna Bechler Deputy Clerk to the Board 1150 0 Street P.O. Box 758 Greeley, Colorado 80632 970-336-7215 Ext 4227 4#110 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: Andrea Jarboe [mailto:ajarboeCa)farmersbank-weld.comj Sent: Wednesday, September 19, 2012 10:17 AM To: Donna Bechler Subject: Church Barn Collateral and Letter of Credit Good morning Ms. Bechler, Please accept this email as confirmation that Farmers Bank is in agreement to continue the Letter of Credit #460 for $33,220.96 for Richard Montera/Church Barn collateral. The Letter of Credit is issued on behalf of Richard Montera/Church Ban will remain active and open until notification from the Weld county planning Department is received, also stating that all improvements have been completed and are satisfactory. Please let me know should you need additional information or documentation. Thank you, Andrea Jarboe Farmers Bank Ph (970) 834-2121 Fax (970) 834-1351 NMLS# 789652 1 Donna Bechtel. From: Sent: To: Cc: Subject: Donna Bechler Wednesday, September 18, 2013 12:10 PM 'Andrea Jarboe' Richard Hastings; Kim Ogle; Tom Perko Jr. RE: Church Ban Collateral and Letter of Credit Thank you Andrea. I will let our Planning and Public Works departments know as well. Donna Bechler Deputy Clerk to the Board 1150 0 Street P.O. Box 758 Greeley, Colorado 80632 970-336-7215 Ext 4227 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: Andrea Jarboe [mallto:ajarboebfarmersbank-weki.cont] Sent: Wednesday, September 18, 2013 12:03 PM To: Donna Bechler Subject: Church Ban Collateral and Letter of Credit Good afternoon Ms. Bechler, Please accept this email as confirmation that Farmers Bank is in agreement to continue the Letter of Credit #460 for $33,220.96 for Richard Montera/Church Barn collateral. The Letter of credit is issued on behalf of Richard Montera/Church Barn and will remain active and open until notification from the Weld County Planning Department is received, also stating that all Improvements have been completed and are satisfactory standing. Please let me know should you need additional information or documentation. Thank you, Andrea Jarboe Farmers Bank Ph (970) 834-2121 Fax (970) 834-1351 NMLS# 789652 1 Real • sea 7 1 Contract Form New Contract Request Entity Information Entity Name* CHURCH BARN LLC Contract Name* RELEASE COLLATERAL Contract Status CTB REVIEW Contract Description' RELEASE COLLATERAL TO WARRANTY Contract Description 2 Contract Type* AGREEMENT Amount so 03 Renewable* NO Automatic Renewal Grant ICJ► Entity ID* @0DG41411 Department PUBLIC WORKS Department Email CM- Pubhc'A'orksgweldgov corn Department Head Email CNI Public*VVorks- DeotHead@weldgov con, County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTY,ATTORNEY@ JVELD c=OV CON1 If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Contract ID 3'47 Contract Lead* T,IUANICORENA ❑ New Entity? Parent Contract ID Requires Board Approval YES Contract Lead Email Department Project # tiLanicorenaaco .veld co us Requested BOCC Agenda Date 10107.2019 Due Date J%03'2019 Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? N'O Note: the Previous Contract Number and Master Services Agreement Number should he left blank if those contracts are not in Onaase Contract Dates Effective Date Termination Notice Period Review Date* 09/0112021 Renewal Date Committed Delivery Date Expiration Date* 09.'23/2022 Contact Information Contact Info Contact Name Purchasing Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Approver Purchasing Approved Date Approval Process Department Head JAY MCDONALD DH Approved Date 10/0212019 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date Originator TJUANICORENA Finance Approver BARB CONNOLLY Finance Approved Date 10/03,2019 Tyler Reif HLD4ORIG Legal Counsel BOB CHOATE Legal Counsel Approved Date 10/012019 Submit Cheryl Hoffman From: Sent: To: Cc: Subject: Attachments: Cheryl, Tom Parko Jr. Wednesday, November 10, 2021 9:59 AM Cheryl Hoffman; Esther Gesick; Kim Ogle Jazmyn Trujillo Martinez; Mike McRoberts; Dawn Anderson; Chloe Rempel; Jan Warwick; Jessica Reid RE: Site Visit USR-1540 and Findings Signed PA & Warranty Release USR-1540 Church Barn.pdf The County staff determined in 2019 that the USR was in compliance following a site visit by both DPS and PW. See page four (4) in the attached. Any issues with the USR should have been addressed during this time. I am okay with releasing the warranty collateral. Thank you, Tom From: Cheryl Hoffman <choffman@weldgov.com> Sent: Wednesday, November 10, 2021 9:45 AM To: Esther Gesick <egesick@weldgov.com>; Kim Ogle <kogle@weldgov.com> Cc: Jazmyn Trujillo Martinez <jtrujillomartinez@weldgov.com>; Mike McRoberts <mmcroberts@weldgov.com>; Dawn Anderson <dranderson@weldgov.com>; Tom Parko Jr. <tparko@weldgov.com>; Chloe Rempel <crempel@weldgov.com>; Jan Warwick <jwarwick@weldgov.com>; Jessica Reid <jreid@weldgov.com> Subject: RE: Site Visit USR-154C and Findings Good morning, everyone. Could you tell me if the issues Kim Ogle addressed have been resolved so we can move forward with this full release to Church Barn? Thanks for your consideration and response. 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 From: Esther Gesick <egesick@weldgov.com> Sent: Thursday, October 21, 2021 11:52 AM To: Kim Ogle <kogle@weldgov.com> Cc: Jazmyn Trujillo Martinez <jtrujillomartinez@weldgov.com>; Mike McRoberts <mmcroberts@weldgov.com>; Dawn Anderson <dranderson@weldgov.com>; Tom Parko Jr. <tparko@weldgov.com>; Cheryl Hoffman <choffman@weldgov.com>; Ch oe Rempel <crempel@weldgov.com>; Esther Gesick <egesick@weldgov.com>; Jan Warwick <jwarwick@weldgov.cam>; Jessica Reid <1reid@weldgov.com> Subject: FW: Site Visit USR-1540 and Findings 1 Hi Kim, Since you copied CTB, I'm just clarifying — do you want these documents added to the case file as items of Communication? I've also included Cheryl on this message just as an FYI, since your recommendation is to not release the collateral at this time. Please advise. Esther E. Gesick Clerk to the Board 1150 O Street/P.O. Box 758/ Greeley, CO 80632 tel: (970) 400-4226 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: Kim Ogle <kogle@weldgov.com> Sent: Thursday, October 21, 2021 11:09 AM To: Becky@eatonoffice.com Cc: Jazmyn Trujillo Martinez<*tru;illomartinez@weldgov.com>; Mike McRoberts <mmcroberts@weldgov.com>; Dawn Anderson <dranderson@weldgov.com>; Tom Parko Jr. <tparko@weldgov.com>; Jessica Reid <reid@weldgov.com>; Jan Warwick <.warwick@weldgov.com>; Esther Gesick <egesick@weldgov.com> Subject: Site Visit USR-1540 and Findings Hello Becky, Planning Services and Development Review representatives conducted a site visit for compliance with the current land use permit, USR-1540, per your request for the release of monies associated with warranty collateral. Our findings are attached Kim Ogle Principal Planner Weld County Planning Services 970.400.6100 Office 970.400.3549 Direct kogle@weldgov.com 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. 2 Cheryl Hoffman From: Sent: To: Cc: Subject: Esther, Yes an addition to the case file. Thankyou Kim Ogle Principal Planner Weld County Planning Services 970.400.6100 Office 970.400.3549 Direct kogle@weldgov.com Kim Ogle Thursday, October 21, 2021 12:57 PM Esther Gesick Jazmyn Trujillo Martinez; Mike McRoberts; Dawn Anderson; Tom Parko Jr.; Cheryl Hoffman; Chloe Rempel; Jan Warwick; Jessica Reid RE: Site Visit USR-1540 and Findings 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: Esther Gesick <egesick@weldgov.com> Sent: Thursday, October 21, 2021 11:52 AM To: Kim Ogle <kogle@weldgov.com> Cc: Jazmyn Trujillo Martinez<jtrujillomartinez@weldgov.com>; Mike McRoberts <mmcroberts@weldgov.com>; Dawn Anderson <dranderson@weldgov.com>; Tom Parko Jr. <tparko@weldgov.com>; Cheryl Hoffman <choffman@weldgov.com>; Chloe Rempel <crempel@weldgov.com>; Esther Gesick <egesick@weldgov.com>; Jan Warwick <jwarwick@weldgov.com>; Jessica Reid <jreid@weldgov.com> Subject: FW: Site Visit USR-1540 and Findings Hi Kim, Since you copied CTB, I'm just clarifying — do you want these documents added to the case file as items of Communication? I've also included Cheryl on this message just as an FYI, since your recommendation is to not release the collateral at this time. Please advise. Esther E. Gesick Clerk to the Board 1150 O Street/P.O. Box 758IGreeley, CO 80632 tel: (970) 400-4226 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: Kim Ogle <kogle@weldgov.com> Sent: Thursday, October 21, 2021 11:09 AM To: Beckv@eatonoffice.com Cc: Jazmyn Trujillo Martinez < truillomartinez@weldgov.com>; Mike McRoberts <mmcroberts@weldgov.com>; Dawn Anderson <dranderson@weldgov.com>; Tom Parko Jr. <tparko@weldgov.com>; Jessica Reid <reid@weldgov.com>; Jan Warwick <.warwick@weldgov.com>; Esther Gesick <egesick@weldgov.com> Subject: Site Visit USR-1540 and Findings Hello Becky, Planning Services and Development Review representatives conducted a site visit for compliance with the current land use permit, USR-1540, per your request for the release of monies associated with warranty collateral. Our findings are attached Kim Ogle Principal Planner Weld County Planning Services 970.400.6100 Office 970.400.3549 Direct kogle@weldgov.com 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. 2 Or. 11/14/0C 183 111111 IIAI VII11111111111111111111111 III VIII IIII III! ) of 2 R 21 ITO 0 0 DD Slra Moreno Clerk & aeCOrdef CHURCH BARN, LLC Use by Special Review USR - 1540 SE 1.1,76 •S2a AC. Iaist AC- leSi era ,101 seer aartaa.a•• Pro at ln.t drive __ to Entrance Drive line of trees south sale not instilled per Commissioners Resolution Trash enclnsane not installed per Commissioners Resolution Conn% (Shipping Container) not approved per Commissioners Resolution Dime court island landscaping not installed per Commissioners Rnrenfinion w.. LOI U RI -3961 fie 101 Af (124.102 AC LOSS Mtfir ROW) ►d sir lobar an 1-1/?Isis en die. mad t$ 111414 te _ -_ jNon-pematted County Road 70 access not approved per Commissioners Resolution H L:`tD 121 Lit L23 L24 • • • 1 yam/ • ;+w ,e _a. YYVV�eyya -71-- 11 L a_.._L.dbe fair el (read der awn fir ere lc 1.'`lE i /.ULL — t. O T 13 RE ARING _watt Nttg'4C45;'W 22n 4q' SQ01.5'12'W _ R ?,0' NLtW4G•4P"W 17813' tI67 34 4 W 94 l2' hi7752 3f1"y/ 94 IS Li? SCALE: f Inch a 100 feet -t�rr•I P01♦ t1Ya}- - - NCR 70 SET4t15 E C4e.77' p9elerts. Orlin bucket.: t Heicorv.ttor Rrso.rces I I C Oh and Sordro Dian Access should he dosed and reclaimed .r - 'NIL r Parkmq Lot Lights not installed per Commissioners Resolution. Typ. four (4) places / 40.UTURE HOW nn not WI ROW 37 P0a0 ROM W' Row a Certificate of Approval by the Planning Commission This is to certify that the Weld County Planning Commission does hereby recommend to the Board of County Commissioners, Weld County, Colorado, for its cunlormation, approval and adoption this Site Specific Development Plan and Use by Special Review as shown and deathbed hereon thisjDay of N •d 20,04. Chair. Weld Cots ty Planning Conunission Certificate of Approval by the Board of County Commiloners This is to certify that the Board of County Conunissionets• Weld County, Colorado, does hereby confirm and adopt this Site Specific Development Plan and Use by Special Review and Development Standards as shown and described hereon this aday of [JStYIAI Ct Property Owner's Certificate The undersigned major property owner(s) do hereby agree to the Site Specific Development Plan and Use by Special Review Development Standards as described hereon this in <. day of j/0 Veal Der . 20_0‘e (Signature) (Signature) thChoti 4. minAt9._ Printed Name Punted Name Y for.. S r 44 Sheri Arm. Perry Bronson Richer. V_, nitro • 9 eeAMOM Carty eterpl IJ-0 66 namese New fenced corral for horses not a plum of the approved Commissioners Resolution Access width exceeds maximum allowable commercial access width at County Road nght-of-way and Is non -complaint per Commissioners Resolution li naW Ore's "rafter 14 Ann B."d Structure not on USR Map and not approved per Commissioners Resolution Parking Lot surface not installed with crushed asphalt per Comrrussaonnrs Resolution Parking Lot landscaping not installed pet Commissioners Resolution. Typ. tent (10) islands Parking Lot not metaled per Commissioners Resolution Current condition has a fenced he's., Corral VICINITY MAY r S10,T6 N,R66W • SCALE: 1 inch -1000 hot (5' ff fee ea .M — 1 Y l Yee ors eve •-e 'rI •••••• s•-, . { „.. maim., .•n . I •.ate. sae al ••t.i •.Y•••• M '•— y•• •'. n...r.V n._-_• .M. ..W 'W ...wow a,—. w W e7 p -r% ' .a . ,...r. w.... r.• .. ••••• — •e.fo wee ••••••• for.% aV ••- M' . • �h 1`Y ,'.''.* . —..w.4 ...ie Cr) ...n riven. e viw. ,. low rtr�'.......a'.. fo. I.NA w ... wow uwai w .+Ihw • nr .MV. •...�••.•• fafP SPECIFIC DEVELOPMENT PLAN USE RV SPECIAL REVIEW PERYIT ntvaoestwt STANDARDS CHURCH BARN. LLC USR 01640 1 lie Sa. Specter nrw4l.wrl Pt.n eat lien by Soots! Use Pert • 1640 a for n Ropinimoden Nene end • Par awl Olus.Putic Bsdmg Madre • Church. in • e A (Aq'tur.wr) Zone DMrct. es Mated n Ma apptcsbon Libras on Me one sated b the Derdnymen• Slanders Vawd heron. I Appare W art pen wry r»as • traded proPrtr right mauan' t bitten 21 -fl t0 a ON Wald C ,.Aty Cs* S The lnfw"a,.be •mr may arid be awn for rlfloevele Pub* etre ip a ante Imes per veer Ern ere mail boar • Per for Telrprrr Aaaaseblor freer lea Wetl Lawry Bond of Cemebetnea put. M er Se of the Mott'. MfrlLYt to Cheer 11 el the Web Cries Cade. 4 They Pall he nt sloop 0. prone Orris rrleq. or eat cr'e' wets ____t b .ir CMnrly on YNd Cady 1400dt 33 of 7 3. try Dore Parl'r•7 airs tarr be stave Ire :Warp sod air no or eprrnan awl err erne acres S Conserve run Os spanned Std nw.sw OT oar Men, at Mtnral summates. Row N1Mint and*MN oe nnovrtl W On mrnbrw0 on the sow n 4. A a mnnrr Inn I et reasonably hteeehrs Ili ntfura: ctel•clr let Ow r,.& and preen, prcpeny Metre of the 1µr errs sly abtnewl b nom* ran and vet(4. mania. dwe.erwn utvavraat, sake un{tar.rd pending el enrr run ail O t oat seserine nn me she [Fall be wainIaw*d n ennlo•m once a m. OM Ur by . wI Pew** Pe.n a Men. Mao a At Moot 1 T e pmpefty cane shell slaw any mnM.al anew; Ma eight or moron a' &,Nolt to. (..pills or epnlNnn rlevebperee•. cOMWhdn. reetelrloenn re an•,' onehelca and m•aeenrmr cperattren st tot writ iodating r. lupine r.pe,swts locoed or Pre( lads e Al lent end can etrafel. se dwn.4 in Pe Sohn Waste Disport Sea art • ears 00 bet X JO 20 IC0 6, C R S Von be User an.: ,gnawed 'ax taw arelwp w • manna NMI palate &WS! outface aid grwdaetse "rotoneittern V NI, renew depot' c' was •Pat as penned et ink per TM It rw .lean' h wean PP. wart aoeMO•y screed horn Ow areas; d • art forte in Ix Seed Warr Croats 3444 iron f ears Act Section 1C -2r6 fOl A :: R S 10 Wet rent that be halr shed at deposed in • were and rune. lager oust Awes ports* ar,su.s. obteeq dlr. end rove prlMrl Met ants coders t .. free. l.iw ad prefer* ,wnsrbna set se crenllec on rho it the Wary s I'al M nyealr J n a.x ordarce nth the a;,Moned Not Abfl,ment Pen al al I? The. M. My shag adhere in to ntanenum pnlm'nta re nutty level. rowan n Its RAsd.nlla ?NW TRUTT as delnnat'1 n Sedrnn :b 1: 103 C P C. 13 MaTuale hrd nestling and tenet raceme: .hat be povded for ampbyn ail' parons of 0* March 14 My molt system scaled on to cu.oert, r.rn racy with an rrovburn o: Pe Wen (-Monty ..0OI. pervert, to k,deWua' Swale Cesare Seers A ormlaem •nrgetic wet. orppy anal be prowled tor diva" end w lsty o If sera We spdrar., stet ceir a Sire r Met.nla f-eme ►on. M L:oc'aln ;.K•s•anarl for over Heath sac f n -Y c•..n ens Wooer Ousel) C,rani I:trwpx 1 re dpnscv, an only nine. se scar Wit n Iwt sat reg.ta'e.as Of MP slew ran wester awns are he Yyt• Coons Cods. 13 A tM4nrq paws sirs be Itlfl..al .aim b le rareaccb en d •ley sew builrq I l A plan mew . mammal Iry .at I. burro lot writ. • Were print is moist I Al sines, ticklish" tar redror. died." peers t'unt MV Mash a now pen root ehe, but/ he ran stamp ni. (cabmen ingewwl emceed am crawl Iwo s ✓1gis see n' plan ale• wrqurrd when prang Ire each peer .s .-ode AAseysb Date %heel pound by the Wet Corny UcpeMidn' ce borne nlpe car shell re reAPInn weh each bolding Dcrnw ep0bCIi•Or' Bs surd pant olid at. is. ;Inv it'll Y• tie talon Fit Protection florid to. e: ewers, 20. Rued, as ;NO rnnlnm, to the requren.rnb Whin stereos pores adopted stifle IY•ie n' f.nlle ear Makin Cunenity. Me ',tram her been 4derrd by Wad r.dnly 2001 Ink..nabonel Boding too.. 2v03 I ntlnaeMel Werner Cods. Ntt1 i-v,n.borr Mundane Code 2003 Invitational= udf'.:a[ cede. and It,, MZ' heron* C lector' C ode and Chops• 7rJ 0' tan Weil ..a,nly Code ?1 144; nee bvbng ea be cereal al an A 3 IClnfl) occur nos The mars um occupancy re tail to debenred e' Tie Sig Pun Pear Occupant, bade of JO; iv non ern ardor reetdaterw'a o• a errtd Me stem slsbnt find an sut,rt..ae set twrlern Fie ,stria of are aro Open*,l cocriecora r airere c. mart.. bads" err and alulraeu Ins we as leer v el a, re :Mew its& A- aW VM6C en whaler Iw.M nay be inured sal ee am tr dekriwrde•ef don revs Pecs rat be t.Mtiled t tae E Ann Fee Inseam Irmo Sod b rests regaiffe" atflrot rte SP'rsaH r•' -y r'.- -.'s Set•rt Pre_ 01IMI drWtns Wit be bferned by me Torre Orders 7? Barr fern shall be maesued in s.adence or the 2003 MtNretonae Recite r:ade Ib We repose of delenpn.ng Inc neatened, b.adina & lie are hoyl'1 f.y vnan sat and hors el .bnsetacaon sod to determine ccn*Maree Mt h Out neeuremrlb roe. C:h nut 23 cr 'he Weld County Crab busing Nell lnal a messuwd n aaoceance wet teespel 23 Of to waft County C oat e order b detente Sontasnce wan )Reel and ItIWch ragon'nlnle JRMt non eclbecV ieouaemtnls ago mnasered t 1"a hone✓ p o eel on nom the burble 23 Part .uric *or Wad County Poad 33 has been apprised The pw'nl nn0MAMMOnl rhAi MIMbl of adMlnnal bath art tipt.A adl a. ad.ewnk reds al rho rnoa'ca to We proposed the by Soria Perm* Tie alphas wen Mil be a rnnenun. of 24 lea win t'.ul-4,o( grey' s w,u*b' n 24 Cr sins parse" spier and Ow access d.w. M•I M nwMoad r1, w.ydad wart rerun sseweM 01 ti .Ntr«d'.r' en^. -Mt re graded In reveal serge p Stine 2, Effete, A.ytel 1. 100$. bialy paa4 booed on We ereporrod tots we be .•e.oe in err b Ire W Y.rean date Captrl EnWreon impact 'rani Ina nlarwb' a asp Muted fee 2e TM err°, our comply wai tl ep0aabk our and leerr'ons of •Ar state and Infirm berme. Awl rY Wet Cerro Cade Ftbte.. Jewry 1 7003. S .g pre Trued on 044 papree d or as be i.gaead to &ben lo the he Sian elffM Cau twine Pad bract errare 711 The popedt arrasn a opener ens be fssporabe for carpwp err ti Design ¶itaajsdn of ;echo.. 23-2240 Weld County Code 70 Ten rynrMry owner or opener era be spernsts for aerndyn2 we the fl e,eb.n ^,rfderdt nl Section 23-2.2ra0 Well Lowey :.ode 30 Well Canty UOverinnl personnel as be gringo aeons pate the wordy at any reasonable Irmo in ref to error M adeera cried out on the popefty comply art. Ie U•wpbpment Standards staled fern sr el appfube Wed county Mquiren'1 31 Ire Imr by Sprat Review site art be tad to :he plans shown hereon ate pawned by se romparop •wale and as aps4Aber Web Co -c y re?r..nn. S itelarnel craws Ron. Pe piss of De..burr1 ?w/s'd. r .now,' or stale0 IAN *tern to refer of an s•,.mw.F it .4 Pr "r .M by re W.e Caddy based cf Carey Cc.,nwsraea berm. such (bare born he pens a GwwepM.d Standen). any permeate Any offer dirges MY be lied in We dace d M Oesei•afnt or Prrrr•g Services 32 The pnapi.y -.rue or operator shell be fedopistt lbr 0r efet al Nee fe r' rl.wtenrl! Shreds Nocrorphince we city at ►s boro'nq Dareep nil Marra. may be sear be nerxson of M Penn by We cord ci Tinnily r1.'rnnat,Mln men k LLH REVROCINb REV •' DAT/ 1 m-1ft-06 2 3 (15.14•(16 06-26-(16 4 09-05-06 U D-53 t•r 4 968 O1 U Z0 .l x U A-1 Sheet No. Sheet 1 of 2 Protect 05-09-126 l 1111111111111111 1111111 1111 Iill IINIII 11111111 Ihl 1111 3136183 11/2192005 n4 27P Weld County, CO 2 al 7 R 71 DO D 0 Onn Slam Morels Clerk b Recorder Future Septic System New Septic System — r1.1 Church Expansion —J SHE c.2x SCALE: 1 Inch = 30 feet a I I r 1 CHURCH BARN, LLC LANDSCAPE PLAN USR- 1540 TRASH LNCLOSURL Cnr 1n=, a Parking area consists of three (3) to four (4) spaces fronting the Church Building, no other parking on site as approved per Commissioners Resolution 3 JP oiI Spaces Spaces Entrance not constructed per approved Commissioners Resolution Crushed Asphalt Drive Parking t of I igh New Crushed Asphalt. ,Parking Area T I r Number and type of Plant materials as specified do not appear to be on site per Commissioners Resolution I •-n' ` ttypl Monument PAVED EN IFANta=`ign Crtlrhed Asphalt Rive l' KKr 2 Ere p • Kr Required: 46 Provided: 74 ) Parking Lt. Lights fetent;on Pond I 16.0 sqft f. STOP SIta4-' i t _Th If r _ ;111'119? Pl.ANflhQ_ DETAIL 1 I' IUD' / fyM PRIM. I 'a1Q ■III {/e0 al caw, a 100,0 s/II. II ars I-, 5$ -MDIA *OM llsl[n n.Ialt `'� 111er1I ?NMI Ycvu silts �-- IltIRMP•O IAA Il play ft MAYS / MASTER PLANT LIST OTY SYMBOL SCIENTIFIC NAME '2 LARGE DECIDUOUS TREES .t RC Mahn .'r,wgor 5 SSC MMus x 'spring chow• 3 S1X Giernsb'a Inseanlhhe rnrinnr.'ShMemattee t0 EVERGREEN SHRUBS 8 BC.) Jurltper •al hurt.tunlal a 'bluer dip' 2 BP Minus hel&Wctdl vet, Ieuoirder'If, 40 MEDIUM DECIDUOUS SHRUBS R B5A 9 BB 9 GE R 1P 6 KF 10 WR 250 PB f • " : I Carynplerls x clandonedr ' Blue Mist Etrrnymus IIatus cyrrlpa•:Ie SWlesa n tulnlalda 'pold nano' POMerlltla !rul.cosaladtman' !"jt MTINgmsti. x eni llorI 1<. 111 bras*, ...RCMO_M Ross 'wnnlpey pen.. 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P... i' • a a, t \ - I 'Q Yi. rt 4 t 44_ .• ` • 44 lir • October 21, 2021 Ms. Becky Maag Church Barn LLC 134 Oak Avenue Eaton, Colorado 80615-3491 Subject: Situs: PIN: DEPARTMENT OF PLANNING SERVICES 1555 North 17TH Avenue, Greeley, CO 80631 Telephone: 970.400.3549 Electronic Mail: koglegweldgov.com sent by US Mail to address and e-mail: becky@eatonoffice.com Non -Compliance with Commissioners Resolution and Development Standards associated with USR-1540 34059 County Road 33, Greeley 0805-10-4-00-017 Dear Ms. Maag, The Department of Planning Services visited the above referenced property to determine if the required improvements to the site per the Board of County Commissioners resolution dated June 14, 2006 and associated USR-1540 map recorded November 29, 2006 under reception number 3438138 had been completed. This visit was at the request of Ms. Andrea Jarboe, Vice President with the Farmer's Bank of Ault, Colorado. Representatives for Planning Services and Development Review determined there is a violation of the land use permit associated with USR1540 for a Roping/Rodeo Arena and a Public and Quasi -Public Building, including a Church, in the A(Agricultural) Zone District. Our findings are based on the following and are documented in the annotated USR-1540 of record. Specific issues identified in non-compliance with the accepted Development Standards for the operation of this permit on this specific property. I draw your attention to Development Standard No. 23 that states, "Paved access along Weld County Road 33 has been approved. The paving improvements shall consist of additional base and asphalt and an adequate turning radii at the entrance to the proposed Use by Special Review. The asphalt width shall be a minimum of 24 feet with four -foot gravel shoulders." Development Standard No. 24 states, "Off-street parking spaces and the access drive shall be surfaced with recycled gravel, asphalt, concrete or the equivalent, and shall be graded to prevent drainage problems." Development Standard No. 28 that states, "The property owner or operator shall be responsible for complying with the Design Standardsof Section 23-2-240, Weld County Code." Development Standard No. 29 that states, "The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250, Weld County Code." Development Standard No. 31 that states, "The Use by Special Review area shall be limited to the plans shown hereon and governed by the foregoing standards and all applicable Weld County regulations. Substantial changes from the plans or Development Standards, as shown or stated, shall require the approval of an amendment of the Permit by the Weld County Board of County Commissioners before such changes from the plans or Development Standards are permitted. Any other changes shallbe filed in the office of the Department of Planning Seri/ices." Development Standard No. 32 that states, "The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners." Weld County Planning Services has determined that you are in violation of your land use permit and are subject to a revocation hearing via a Probable Cause / Show Cause hearing process where your permit may be revoked via action by the Board of County Commissioners. Prior to initiating this step, this office is willing to work with you to permit the current facility which appears to be downsized from the original permit request, specific to the church component. Weld County Planning Services seeks to bring the property into compliance via a minor amendment to the current USR where issues of use, access, paring and landscape can be addressed. I have attached a link to the pre -application request form to facilitate the initial application step to bring the property into compliance. The link is: https://www.weldgov.com/files/sharedassets/public/departments/planning-and- zoning/documents/land-use-applications/pre-application-request. pdf Based on the findings of this office, we will not support the request for the release of warranty collateral for a Site Specific Development Plan and Use by Special Use Permit #1540 is for a Roping/Rodeo Arena and a Public and Quasi -Public Building, including a Church, in the A (Agricultural) Zone District. Should you have any questions, you may reach me at 970.400 3549 or by email at kogle a(�weldgov.com. Sincerely, Kim Ogle Principal Planner Planning Services ec: J. Trujillo -Martinez, Development Review M. McRoberts. Development Review D. Anderson, Development Review T. Parko, Planning Attachments: Photo — Access Road with Corrals. Barn and Structure Photo — Conex Container north of Church Ministries Building Photo -- Non -Conforming Access onto CR 70 Photo — Parking Lot not Constructed USR-1540 Map with annotation of non-compliance File: USR-1540 Clerk to the Board Hello