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Home My WebLink About20194459.tiff 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 Pages: 1 of 2 10/18/2019 11:01 AM R Fee:$0.00 PC��(ERICH/TS), Carly Koppes, Clerk and Recorder, Weld County CO GG M14110 hi'dr1lh ki.61. 1un acc 8g'tco N,PLCTPl, 2019-4459 to/aati9 PL1840 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, CO RADO ATTEST: ditife4) je ,IA itiou2crL_j arbara Kir meyer�, 1 it Weld County Clerk to the Board Mike Freeman, Pro-Tern BY: Deputy Clerk to the Board � . ] IL.6 Sean Conway APP D A a + , ', II►� !so flt2 co t K. James o my Attorney ,• ��,,. Steve Moreno Date of signature: 16 4533549 Pages: 2 of 2 10/18/2019 11:01 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 2019-4459 11 PL1840 .TMQe#3(N7 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 Juanicorena 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-USR1540 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 4460,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 County Collateral List: Church Barn, LLC c/o Richard Montera(PL1840-#2006-3027) 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—USR1540,and that this item be placed on the next regularly scheduled BOCC Hearing,as part of the Regular Agenda. Schedule as Regular Agenda BOCC Item Other/Comments: Sean P.Conway Scott K.lames Steve Moreno �C /1' _ Mike Freeman,Pro-Tern \f"Barbara Kirkmeyer,Chair 2019-4459 to(o9 PLlg'1O tr M .mot =s • IRREVOCA. : . � ` r IT NO. 460 �`rc'�`w" "r- a ,-.y zi F'7S' i F S,n +Sz"S ' � �u.1 '�_ w s �-7- u yK C t k-� f �1V1N/1nl -c . ;is- „..c.„ ` • ,r, September 18, 2006 COLLATERAL Board of County Commissioners RELEASED NO LONGER REQUIRED by Board ATTN: Clerk to the Board of Weld o my C Rimissioners PO Box 758 date : .3/ / • Greeley, CO 80732 by : RE: Mon a, Richard A. Deputy Clerk the Board Dear: Weld Coun , We hereby open our iii rev ble Letter of Credit in your favor for the account of Richard A. Montera, 134 ,y`• Oak Ave, Eaton, CO 80615 , , a sum not to exceed the aggregate of Thirty-three Thousand, Two { y �u1P V Hundred Twenty and 96/ 1 00ths. 4. _.., °' W.. Each draft so drawn must be marked "Nwn under FARMERS BANK, 119 1st Street, Aut, `O 80610, Letter of Credit No. 460 and be accompan? by a "signed statement from the Board of Ctounty Commissioners of Weld County, Colorado stating the has committeka material breach of the Improvements Agreement to Policy Regard Ii .,,collateral for Improvement c c arding dated the of , 20 by and .jween 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 teas and Practice for Documentary Credits, jrs 1993 Revision, The International Chamber of Commerce Publications No. 500 ." „Alp is4 We hereby agree with you that al.l drafts drawn. und•@Fund .in compl.iafe with the terms of this credit will '‘it‘sbe duly honored and presented for payment to our. &ain office, FARMS 5, S BANK, 119 1st Street, Ault, CO 80610 . This letter of credit will expire on S2 4ember 18, 2007 at 5 :00P.M • 4 This letter of credit is automatically r e. : Wen.ded without amendment, for addition one-year periods from the current expiration or any futur piration date unless 60 days prior to such. curr ��"' t expiration date FARMERS BANK notifies„eneficiary in writing that the letter of credit will not b renewed. In the case you receive such a notif'. ationyou may draw by presentation of the following : (a) al aft at sight on FARMERS BANK } a statement purportedly signed by an official of the Board of Co ,..Y y Commissioner; . .1 'Veld County, Colorado stating that we have received notice from FAR: :SRS BANK the Letter s redit No. 460 will not be renewed and that Richard A. Montera has failed to pro :Mde proof of adeq collateral and substitution of this Letter of Credit No. 460; (c) copy of letter from FART [: RS B stating non-renewal of Letter of Credit No. 460 and the original letter of credit. . % Y4; s>t�{ t.- Yours truly, g t /r era . Fre Jh B auer President FJB/aeb 119 1st Street 0 P.O. Box 220 e Ault, Colorado 80610 ® (970) 834-2121 / Fax (970) 834-1351 Cy ,LX, ..• Slaty ifi0rf.• 1r7S.� ,' r it , er i 3Cjs :IRREVOCABL_F LETTER OF CREDIT Letter of Credit Number: 460 Date: August 30 2019 9 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 on us at up sight to an aggregate amount of $4,983 . 14 . g "rafts 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 1st 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, . y. �� y Andrea Jarboe Title: Vice President of Farmers Bank ]{ �"3 �e �r �j�s Street� � J5 220 MIL • sag ��_�r9 /�'q 834-2121 p-' say 8344351 1 i O.' 8 s C SOI e:...7� , . ?F , Bo�� - d' -iiiI , �'�J' � t 6 E - 6 � F ; S. ��. � � �� , / Fax �� . �� L`+��, Lemay ..��+;�C�.?� l Ave. Fort Coffins, CO ��7''A��l��Ji 7 f.4'47 ,g 221 ,23201 0a+ li (970) •a�,�iq mJi��R. .'E 9` 7� [ 3 :scemeat ! ;t Wa - F �...rt Coffins, CO 80524 "` � 70) 9 3 i - C 20 i I CLERK TO THE BOARD \ 1861 74 a PHONE : ( 970 )400-4227 FAX : ( 970 ) 336 -7233 Cas�iT/'' On.. � 1150 O STREET � �� .,.., �� P . O . BOX 758 _ Ith ��•_ GREELEY , CO 80632 U _� c � G � UNY 201 Y - . K October 23 , 2019 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. Hoffner: 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 , // „zit} Cheryl Hoffman Deputy Clerk to the Board Enclosure cc: Tisa Juanicorena , Department of Public Works Tom Parka , Department of Planning Services Church Barn , LLC , c/o Richard A . Montera Clerk to the Board File PL1840 , U . S . Postal ServiceTM CERTIFIED MAIL° RECEIPT Domestic Mail Only 07 ell For delivery information,. visit our website at www.usps.com®.nJ y r v}:S• � � y ::r . .•s;.vn N Certified Mail Fee Imo° Extra Services & Fees (check box, add fee as appropriate) Return Receipt (hardcopy) $ ® ❑ Return Receipt (electronic) $ Postmark i osi ® Certified Mail Restricted Delivery $ Here 4 __ [ Adult Signature Required $ Adult Signature Restricted Delivery $ 1 ® Postage 0 1\ c91 Ln _ Total Postage and Fees r -I r--9 • it 46-/Uae, ego e/e 7 if-5-4 6 2,5it ® St,e a t.j. ,Qo,� - --__ N /7!91si $ j . , �O City tate, ZIP;4°� I • 4ah, I . a I - 04 PS Form 3800,,April 2015 PSN 7530-02-000-9047 See Reverse for Instructions SENDER .. •COM �i'ETE THIS SECTION . COMPLETE THIS SECTION ON DELIVERY, , , • • Complete items 1 , 2, and 3. A. Signature ll • Print your name and address on the reverse �� - Agent so that �nle can return the card toyou. kt ��. tji Addressee B. Re ived (Printed N e) C. Date of Delivery ■ Attach this card to the back of the mailpiece, 1 �: �y, f or on thie front if space permits. Sin( 76 be I/ 101 3c-I In 1 . Article Addressed to: D. Is delive address different from item 1 ? O Yes theif&-si: O� CEO If YES, enter delivery address below: O No -lo 1,--t-riale-MES elliaje• A O 1 ,eir'airea. c5...rieery O . O 0702 Atti.,:r C O go & / 0 . r 3. Service Type i es ® ❑ Priority Mail Express® 1 MI ❑ Adult Signature ❑ Registered Mail�M .� IllEUROill ❑ ult Signature Restricted Delivery ❑ Registered Mail Restricted 9500 0402 4445 8248 1215 37 Certified Mail® Delivery ❑ Certified Mail Restricted Delivery O Return Receipt for . . ❑ Collect on Delivery Merchandise 2. Article Number (Transfer from service label) ❑ Collect on Delivery Restricted Delivery ElSignature ConfirmationTm 1-1 Insured Mail ❑ Signature Confirmation 7017 1 } ® 0000 5 �� ,i� insured Mail Restricted Delivery Restricted Delivery 6 (over $500} PS Form 3811 , July 2015 PSN 7530-02-000-9053 Domestic Return Receipt V . os a ervice CE RTIFIED MAIL® RECEIPT �-4 a- ; ' Domestic Mail Only • www.USPS.Com®. I ,-13 For delivery inform-Or, visit our website at www. � Wt lu _ _. , : : tE ?i:® r e 0F c ! u-1 ui ;t• N N Certified Mail Fee t0 :k•-kirm----epH" �..� DJ]ra p $ tiara. ��! Er rr Extra Services & Fees (check box, add fee as appropriate) `n 1r ). Return Receipt (hardcopy) $ • tea�-ky � Postman: Q � , , �,,;;;,.., rl. ❑ Return Receipt (electronic) $ ® ® ❑ Certified Mail Restricted Delivery $ Here :Owlska Ill minniSillmillais rei r—h -^�1 31, Cat ❑Adult Signature Required $ � fl In, [] Adult Signature Restricted Delivery $ ,In z I ��: ❑ O Postage cc all ; Ln $LL�'�F�ff ,..x u...) t ;t i*; smannJr- Total Postage and Fees }tno r " a rR tiaceo9oFsiMh4 c/O gekeAstaesimicut 1 rt rik 721 n , ig© S7d?st.r $ ax & )C c202 0 ICity, . tate, ZIP+4 ;1 - rr 2015 PSN 7530-02-000-9047 See. Reverse for Instructions :.............. IIii P$Torm 3800;,bpKf l F — i s i=, 14SE` NeDER : COMPLE''FE. & F .THIS SE ION ' COMPLETE THIS SECTION ON DELIVERY'` t Complete items 1 , 2, and 3. A. Signature ® Print your name and address on the reverse 0 Agent so that we can return the card to you. ❑ Addressee ® Attach this card to the back of the mailpiece, B. Received by (Printed Name) C. Date of Delivery or on the front if space permits. 1 . Article Addressed to: D. Is delivery address different from item 1 ? O Yes 6Qi& O v65€ CEO if YES, enter delivery address below: ❑ No elda1/4/e-- i q lsrs-r,ece-r . Po . 0A-- 620 prta..,:r Co SO ei0 / 0 3. Service Type ❑ Priority Mail Express® ❑ Adult Signature O Registered MalITM • ❑ ult Signature Restricted Delivery O Registered Mail gg a Restricted 9590 9402 4,445 8248 1 215 37 Certified Mail® Delivery ❑ ertified Mail Restricted Delivery O Return Receipt for O Collect on Delivery Merchandise 2. Article Number (Transfer from service label) O Collect on Delivery Restricted Delivery 1O Signature ConfirmationlM .. ❑ Insured Mail O Signature Confirmation 7017 1450 0000 9675 2699 I Insured Mail Restricted Delivery Restricted Delivery (over $500) = PS Form 3811 , July 2015 PSN 7530-02-000-9053 Domestic Return Receipt .8§w v1/4Ad_. CLE 'k Tie �I HE i OA *' EE Iitb.....,-3,r _ 1150 0 STREET JP0 BOX 758 b c o U N T Y GREELEY CO 80632-0758 , ERIC HOFFNER, CEO C/O FARMERS BANK 119 1ST STREET P. O. BOX 220 AULT CO 80610 I CLERK TO THE BOARD % lik 'u \ 1861 / - PHONE : ( 970 )400 4227 �, FAX : ( 970 ) 336-7233 1 ;rr•••• 1150 O STREET ,� - .. P . O . BOA 768 GREELEY , CO 80632 COUNTY yti------ 11 r October 23 , 2019 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 . Vey truly yours , / el ,„ _ nit i f".firt ' I Cheryl L . Hoffman Deputy Clerk to the Board Enclosure cc: Tisa Juanicorena , Department of Public Works Tom Parko , Department of Planning Services Clerk to the Board File PL1840 U . S. Postal Service" CERTIFIED MAIL® RECEIPT c Domestic Mail Only fU For delivery informaQn, visit our website at www.usps.com®. :;:.:: gtm :: ::.: c a ;. g ;.r ..., x'? i t3 i:jEi r c >S :3 •rn i!i, r n mv. .Y:V N Certified Mail Fee asp 4, Extra Services & Fees (check box, add fee as appropriate) ® ❑ Return Receipt (hardcopy) $ ❑ ❑ Return Receipt (electronic) $ Postmark / ❑ ❑ Certified Mail Restricted Delivery $ Here t 1 / ® O Adult Signature Required $ Adult Signature Restricted Delivery $ C1 Postage ) 0 >i ri Total Postage and Fees ral tetteD A- Adt-Ohnere-EA- 610 e A i It t le et-t-1-.6 . O s�rq �Apf. No., or PO l� / 'T O451g. 57 citeno® / 701, 1 PS Form 3800, April 2015 PSN 7530-02-000-9047 See Reverse for Instructions _ • .; .•.fe. .',3,,u _ '.S71HY:4.. SE�N ,, ' .�IRt 'COMPLETE MIS SECTION COMPLETE THIS SECTION ON DELIVERY ' / •a■ Complete items 1 ; 2, and 3. 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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, 119 1st 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. 2006-3027 if: F/(2B)/9Li P /0,[9/ PL1840 IMPROVEMENTS AGREEMENT- CHURCH BARN, LLC PAGE 2 BE IT FURTHER RESOLVED that Irrevocable Letter of Credit#460 from Farmers Bank, 119 1st Street, P.Q. Box 220,Ault, Colorado 80610, in the amount of$33,220.96, be and hereby is, accepted. The above and foregoing Resolution was,on motion duly made and seconded,adopted by the following vote on the 30th da � tobeer, A.D., 2006. E BOARD OF COUNTY COMMISSIONERS WELD COU , COLORADO ATTEST: ,it),Thj,",l . J. c-le, Ch.ir Weld aunty Clerk to the =• , j �+ David E. Long, Pro-Tern BY: Depu y Clerk to e Bo rd Willia H. Jerke AP D AS T 1 ‘V\1\110--" Robert D. Mas aunty Attorney A-O6(aliAlee Glenn Vaad Date of signature: ki 2006-3027 PL1840 IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEM ENTS (PRIVATE ROAD MAINTENANCE) THIS AGREEMENT,made and entered into this Sday 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. 1.3 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 1 11111111111 IIIII 1111111 1111 III MI1111111 1111111111111 3436158 11/20/2006 02:26P Weld County, CO 1 of 11 R 0.00 I) 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 shall apply. 3.2 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. 3.5 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"B"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 liability, loss or damage is caused by, or arises out of the negligence of the County or its officers, agents, employees, or otherwise except for the liability, loss,or damage arising from the intentional torts or the gross negligence of the County or its employees while acting within the scope of their employment. All contractors and other employees engaged in construction of the improvements shall maintain adequate worker's compensation insurance and public liability insurance coverage, and shall operate in strict accordance with the laws and regulations of the State of Colorado governing occupational safety and health. (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. 111111111i1 iii 1111111111111111 NIl Iiii 3436158 11/20/2006 02:26P Weld County, C 2 of 11 R 0.00 D 0.00 Steve Moreno Clerk&Recorder 6.2 County may, at its option, issue building 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. 6.3 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 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 Plat 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 Final Plat approval(nor 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. 7.2 The applicant may choose to provide for a phased development by means of designating filings of a Planned Unit Development Final Plat 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 shall state at least the following: 8.1.1 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." 8.1.2 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 11111111 11111111111111111111111111111111111111111111111 3438158 11/20/2006 02,26P Weld County, CO 3 of 11 R 0.00 D 0.00 Steve Moreno Clerk&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 (10096) 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 item 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 final 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 shall 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 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.I.) 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. 8.2.2 In the event property other than the property to be developed has been accepted as collateral by Weld County, then an appraisal is required of the property by a Member of the Institute of Real Estate Appraisers (M.A.I.) 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: 8.3.1 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. Atli VIII III1I III 111111 IILIIIII I HilL ILIL liii 3436158 11120!2006 02:26P Weld County, CO 4 of 11 R 0.00 D 0.00 Steve Moreno Clerk&Recorder 8.3.3 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. 8.5 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(CDOT)Materials Manual. 93 "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 utility 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 fifteen 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 11111111111111111111111111111111111111111111111111 III 3436158 11/20/2006 02:26P Weld County, CO 5 of 11 R 0.00 0 0.00 Steve Moreno Clerk& 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 shalt 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. 1111111III I1111 ' !j ! " 11111111111 1111111 3436158 1112012006 02:26P unty, CO 6 of 11 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 6 IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed on the day and year first above written. i /f APPLICANT: _ APPLICANT: _ TITLE: Subscribed and sworn to before me this cak day of A'UTAis1 ' 20� c+. ] a My Commission ,--2/--) / `�-- , o C Notary Public i A . s r LINDA L, o HULSE ;� ATTEST- '-.:'l E.s,ja, BOARD OF COUNTY COMMISSIONERS �� _.. �" 0..-‘' ' ,,yam'`.' WELD COUNTY,COL DO Weld County Clerk to the Board( .ii i 1 w � 4 4.r f M. J. Cell ,Chair (10/30/2006) ,, r uty Cie to the Board -,•-'"---'72 l APPROVED AS TO FORM: County Attorney iit 111111 11111 11111 1111111 Ills III 11111111 III IIIII IIII IIII 3436158 11/20/2006 02:26P Weld County, CO 7 of 11 R 0.00 0 0.00 Steve Moreno Clerk& Recorder &cx7 -. z7 e EXHIBIT "A" Name of Subdivision or Planned Unit Development: USR - 1540 Filing: Location: Lot B of Am RE-3961 , SE 1 /4/4 of S 10,T6,R66 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 Quantity Units Estimated Construction Costs Cost Site grading 1 5000 .00 5000.00 Street grading 343 1 .54 528.22 Street base Street paving & Base 343 17. 18 5892.34 Curb,gutters,ancl Sidewalk Storm sewer facilities Retention ponds Ditch Improvements Subsurface drainage Sanitary sewers Trunk and forced lines Mains M127 es‘ Laterals (house connected 4 ou ) On-site sewage facilities On-site water supply and storage Water Mains (includes bore) ‘. C291) Fire hydrants Survey and street monuments and boxes Street lighting Street Names Fencing requirements Landscaping & Parking Lot 20000.00 Park improvements Road culvert Grass lined swale 300 .00 Telephone Gas Electric Water transfer SUB-TOTAL: 31720.96 Engineering and Supervision Costs $ 1500 .00 (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 $ 33,220.96 The above improvements shall be constructed in accordance with all County requirements and specifications, and 8 111111101111111111111111311111111111111111111111101 3436158 11/20/2006 02 : 26P Weld Co unty, CO 8 of 11 R 0 .00 0 0.00 Steve Moreno Clerk & Recorder conformance with this provision shall be determined solely.y Weld County,or Its duly authorized agent. Said improvements sh. +e completed according o e onstruction schedule set out in Exhibit B. By: Applicant Applicant .. LlNOA L. Date: USV off- ,20 . Title HULSE crsc (If corporation,to be o t 4y President sted to by Secretary,together with corporate seal.) 9F COI. �.y 1111111111111111111111(11111 III 1(111111 III II111 (III Illl 3436158 11/20/2006 02:2611 Weld County, CO 9 of 11 R 0.00 0 0.00 Steve Moreno Clerk& Recorder 9 EXHIBIT"B" Name of Subdivision or Planned Unit Development: USR-I 540 Filing: Location: Lot B of AMRE-3961,SE l/4 of S 10,T6,R66 Intending to be legally bound, the undersigned Applicant hereby agrees to provide throughout this Subdivision or Planned Unit Development the following improvements. All 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 Time for Completion Site grading 9mo Street base Street paving 9mo Curbs,gutters,and culverts Sidewalk Storm sewer facilities Retention ponds 9mo 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 Fire hydrants Survey and street monuments and boxes Street lighting Street name signs Fencing requirements Landscaping 12 mo Park improvements Road culvert Grass lined swale 9mo Telephone Gas Electric Water Transfer SUB-TOTAL: 111111111111111111111111111 III 11111111 I11111111 III (III 3436158 11/20/2006 02:26P Weld County, CO 10 of 11 R 0.00 D 0.00 Steve Moreno Clerk& Recorder The County,at its option,and upon the request of the Applicant,may grant an extension of time for completion for any particular improvements shown above,upon a showin the Applicant that the above schedule cannot be met. By: r-e_ Applicant Applicant : pRY p0 y 1 i [SPinA • � Date: 41051". 1., Title 4 N. HULSE 5 1 i (If corporation, *signed by Presid d attested to by Secretary,together with corporate seal.) t,,FO, C4V�•�Q►, 1111 111 11111 11111 1111111 iii iii 1111111111111 3436158 11/2012006 02:26P Weld County, CO 11 of 11 R 0.00 D 0.00 Steve Moreno Clerk&Recorder 11 Memorandum ,0 & ,(4,pultwo TO: Clerk to the Board Office Board of County Commissioners O DATE: September 27, 2006 • COLORADO 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. 1_ , .1 • 1 foo6-3oz 7 low coot Planning Department GREELEY OFFICE 1( 161'" :3 AUG1 MEMORANDUM Z006 RECEIVED TO: Brad Mueller, Planning Services DATE: August 10, 2006 VIII O FROM: Donald Carroll, Public Works Department Co COLORADO 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 REVIEW\USR-Use by Special Review\USR-1540-A.doc ent IRREVOCABLEANIkETHT NO.460 e, Farmers BAN K 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. 119 1"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, 1 1 9 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 Na.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, feri.,;',;Sztoc4.4_ Fre J'Bauer President FJB/aeb 119 Is! Street • P.O.Box 220 • Ault,Colorado 80610 • 1970)834-2121 I to (970)834-13 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 \(°''' 4'...141 =A4RD 225 FAX: (970)352-0242 P. O. BOX 758 GREELEY, COLORADO 80632 a COLORADO June 18, 2009 FARMERS BANK 119 1ST STREET PO BOX 220 AULT, COLORADO 80610 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,4.4141,4, Donald D. Warden Clerk to the Board By:144411Z 4 Deputy Cler o the Board pc Church Barn, LLC, c/o Richard Montera U.S. Postal Service.., o CERTIFIED MAIL, RECEIPT co (Domestic Mail Only;No Insurance Coverage Provided) F.r. livery inf.rmai.n visit.ur w .Site:t www.us•s.c.m. 11, Postage $ Fri l7 Certified Fee O ❑ Return Receipt Fee Postmark (Endorsement Required) H ap FL) Restricted Delivery Fee p .} (Endorsement Required) —iO `' r-� Total Postage 8 Fees $ LJ7 Sent To ,' rs.rN i i Apt No.: ! - 1 or Po Box No. 1/j / -- . - ---- dop//y City,Strife,27PP Vf �/ ` h%Z) PS Fo.m 3800.June 20(12 Spe Heversc fur Instructions SENDER COMPLETE THIS SECTION CO'.IPLE LL r,r'_. =t CT/PS a 'DFr(CL/i'Y • Complete Items 1,2,and 3.Also complete A. Si•n., re Item 4 If Restricted Delivery is desired. I11, } ❑Agent IIPrint your name and address on the reverse /L�lddressee so that we can return the card to you. ��d by(Pr✓n _t o MI Attach this card to the back of the mailpiece, ) �° v or on the front if space permits. O4 }rr ' ��yN} 1. Article Addressed to: D. Is delivery...f"!:different from item 1? Yes u YES,em ery address below: O No F-arnie r5 pgaibe i/9 / 5 L Pr j' £ 3. Service Type / L lj� �l�i�� *addled rtifled Mall ❑Express Mail L,`(/7 /T o Registered II-Return Receipt for Merchandise O Insured Mall O C.0 D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 7005 1820 0003 5225 1898 (Transfer from service label) PS Form 3811,February 2004 Domestic Return Receipt 102SM-02 Ptd540 _,AL:1111t., Farmers BAN K 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, C( 01d ckL92,-1 .Andrea Jarbo Loan Admin Officer cc: file 1621 /e90 /e9c 119 1st SI.reei • P 0_flux 220 • Ault.Colorado 80610 • (970)831 2121 ;Pax(9701834-1357 t �(C" t��7 Farmers B.t+kNi K 119 in Street,Ault, CO 80610 (970) 834-2121 phone (970) 834-1351 fax To: ES614,r6 From' afryfrea rijG Fac Data' 4/4/0'7 Phone Pages; 2 a. l-et 'd6Cred f-- cc: , rued/C l/ej - D Urgent O For Review O Please Comment O Please Reply O Plpgo Rooyols •Commontrc e—S ii El, :7-1 held S2nt respa>'+se ef''ail Gaardober ern, cp„.,y j ) 6"-.-acs it) f7-,g- to 4 i o CreL.r *4(06. Pieces, fL - k i r ycn.s n.e.ecl G Lr fib( Ste i+`c1.czArd 1frvardid (7, acid..PJnevfol r.-"4-1/ fclity- /Y1 " K you do not reply.all pages or exponents any difficulty with transmission,please contact the sander at the Farmers Bank(970)934-2121. This facsimile transmission contain information belonging to the sender,which is confidential and legally privileged This information to str(ctly for the use of the lntratlual or entity to which It Is addressed,as Indicated above, lf you are not the Intended recipient, disclosure,copying distribution or action taken r wdIr g the contents of the information is strictly prohibited. If you have received this transmission in error,please call the sender to arrange for its return at our manse. Thank you. 'd 0C9b 'oN '1"8 saaull d WciZZ:E 6002 'b1 .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: Brad Mueller Sent: Tuesday, September 08, 2009 8:32 AM To: Donna Bechler Cc: Brad Mueller Subject: 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 will 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 Bechler 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,#2006-3027)? 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 Bechler 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 1of2 Andrea Jarboe TA. From: Andrea Jarboe[ajarboe@farmersbank-weld.com] Sent: Tuesday, October 06,2009 2:50 PM To: Steve Rickard Subject: RE:Richard Montera/Churril Bern Collateral Good afternoon Esther, Steve Rickard forwarded you email en to me. Farmers Bank would like you to disregard the letter sent June 22,2009,and relating correspondence to the Letter of Credit#460 for$33,220.98, The Letter of Credit issued on behalf of Richard Montera 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)834-1351 fax ejarboe©fartnersbank-weld.com ---Original Message---- Pram:Steve Rickard(maittu:srIckard@farrnersbank-weld.com] Sent;: Monday,October 05,2009 2:52 PM To:Andrea Jarboe Subject FW: Richard Montera/Church Barn Collateral Orlglna{Message----- From: Esther Gesick[malbo:egesick@co.weid.ea,us] Sent Monday,October 05,2009 1:40 PM To:sridcard©farmersbank-weld.com Cc:Brad Mueller;'Gm Ogle;Richard Hastings; Donald Carroll;Stephanie Arries; Donna Bechler; Esther Gesick Subject Richard Montere/Churc Barn Collateral Hello Steve, Per our telephone conversation last Friday, I've attached a copy of the Improvements Agreement and associated collateral that is currently held and recognized by Weld County. If Farmers 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 22, 2009,then no further action is necessary. 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 Board of Commissioners to document the release of#460 and acceptance of the replacement. If you have any questions, please let me know. Thanks! Esther E.Gesick 10/6/2009 Z d OC9t, IWZ:Z 6002 )1 '1$0 Donna Bechler From: Andrea Jarboe Iajarboe@farmersbank-weld.com] Sent: Wednesday, December 14,2011 10:35 AM To: Donna Bechler Subject: RE: Church Barn Collateral 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 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[mailto:dbechler@co.weld.co.us] Sent:Tuesday, December 13, 2011 8:23 AM To:aiarboe@farmersbank-weld.com Cc:srickard@farmersbank-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$33,220.96)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 e-mail 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 a �- 3 O c' 7 1 /o.C /M Donna Bechler From: Donna Bechier Sent: Tuesday, September 25, 2012 4:27 PM To: 'Andrea Jarboe' Subject: RE: Church Barn Collateral and Letter of Credit Ms.Jarboe, 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 O Street P.O. Box 758 Greeley, Colorado 80632 970-336-7215 Ext 4227 1 'fr - ! ri 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:ajarboe@farmersbank-weld.com} 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 Donna Bechler From: Donna Bechler Sent: Wednesday, September 18, 2013 12:10 PM To: 'Andrea Jarboe' Cc: Richard Hastings; Kim Ogle;Tom Parko Jr. Subject: 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 O Street P.O. Box 758 Greeley, Colorado 80632 970-336-7215 Ext 4227 �` Dr. # 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.com] 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 ROo 4 - spa 7 Contract Form New Contract Request Entity Information Entity Name* Entity ID.* ❑New Entity? CHURCH BARN LLC @00C41411 Contract Name* Contract ID Parent Contract ID RELEASE COLLATERAL 3147 Contract Status Contract Lead* Requires Board Approval CTB REVIEW TJUANICORENA YES Contract Lead Email Department Project# tjuanicorena@co ir.iipAcil co us Contract Description* RELEASE COLLATERAL TO WARRANTY Contract Description 2 Contract Type* Department Requested BOCC Agenda Due Date AGREEMENT PUBLIC'AA,'ORKS Date* 1:103'2019 10/0712019 Amount* Department Email $0 J0 CM- Will a work session with !MCC be required?* PublicWorks@weldgovcorn Nei Renewable* NO Department Head Email Does Contract require Purchasing Dept. to be included? CM-Public`r°'t'orks- NO Automatic Renewal DeptHead@weildgovcorn County Attorney Grant GENERAL COUNTY ATTORNEY EMAIL IGA County Attorney Email CM- COUNTYA I I ORNEY@WELD GOV COM If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in On Ease Contract Dates Effective Date Review Date* Renewal Date 09101/2021 Termination Notice Period Committed Delivery Date Expiration Date* 09,'28.12022 Contact Information Contact Info Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Purchasing Approver Purchasing Approved Date Approval Process Department Head Finance Approver Legal Counsel JAY MCDONALD BARB CONNOLLY BOB CHOATE DH Approved Date Finance Approved Date Legal Counsel Approved Date 10/0212019 10/G3,2019 1 0/D3;;;2019 Final Approval BOCC Approved Tyler Ref# HLD4ORIG BOCC Signed Date BOCC Agenda Date Originator TJUANICORENA Submit Hello