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Home My WebLink About20173931.tiffRESOLUTION RE: APPROVE CANCELLATION AND RELEASE OF COLLATERAL FOR AMENDED USE BY SPECIAL REVIEW PERMIT #686 - MILE HIGH DAIRY, LLC. AND MARTIN BANGMA AND JOHANNA BANGMA 1989 TRUST WHEREAS, the Board of County Commissioners of Weld County, Colorado. pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, on May 21. 2008, the Weld County Board of Commissioners approved Amended Use by Special Review Permit #686. for Martin and Johanna Bangma 1989 Trust, 8847 Schaefer Avenue, Ontario. California 91761. and Wesley and Kelly Bangma, 15333 County Road 5, Longmont, Colorado 80504. for a Livestock Confinement Operation (1,940 -head dairy, including milking cows, dry cows. heifers, and calves). and one single-family dwelling unit per lot. other than those permitted under Section 23-3-20.A of the Weld County Code (two single-family employee homes), in the A (Agricultural) Zone District. on the following described real estate. being more particularly described as follows: A parcel being part of the E1/2 of Section 17. and part of Lot B of Recorded Exemption #525, also being part of the E1/2 of Section 17; all within Township 3 North, Range 68 West of 6th P.M.. Weld County. Colorado WHEREAS, on July 27, 2009. pursuant to certain Conditions of Approval, the Board was 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 Mile High Dairy. LLC, and Martin Bangma and Johanna Bangma 1989 Trust, with terms and conditions being as stated in said agreement, and accepted Irrevocable Letter of Credit and Amended and Restated Letter of Credit #NZS642139 from Wells Fargo, Trade Services Division. Northern California. One Front Street. 21st Floor. San Francisco. California 94111, in the amount of 520.000.00. and WHEREAS, on April 11. 2011, the Board was presented with and accepted replacement collateral in the form of Cashier's Check #52922. in the amount of $20,000.00, drawn on Great Western Bank through First Interstate Bank, Helena, Montana, and staff from the office of Weld County Clerk to the Board returned the aforementioned Letter of Credit, #NZS642139, to Wells Fargo Bank, N.A., Trade Services Division, Northern California, One Front Street, 21st Floor, San Francisco. California 94111, in the amount of $20.000.00, and WHEREAS, Departments of Public Works and Planning Services have conducted a visual inspection and recommend release of said replacement cash collateral. WHEREAS, upon recommendation of staff, the Board deems it advisable to release said collateral. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the replacement cash collateral, in the amount of $20.000.00 be. and hPrehv is canceled and released. 4358418 Pages: 1 of 2 12/07/2017 02:25 PM R Fee:$0,00 Carly Koppes Clerk and Recorder, Weld County, CO lIII PO:Irk! hille,tilikk III CG•. eaG 0,0 0 E Q (evo) 2017-3931 PL0016 CANCELLATION AND RELEASE OF COLLATERAL - MILE HIGH DAIRY, 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 20th day of November, A.D., 2017. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: dettAtdvW .'ck Weld County Clerk to the Board BY: putt' Clerk to the Board APP' e D AS T unyAtorney Date of signature: tot 51 1 7 4358418 Pages: 2 of 2 12/07/2017 02:25 PM R Fee:$0.00 iiiiiiiii:IPriblilliAaikeioirk CWeld County, CO LigiOui�� Iii Whh 11111 e A. Cozad, Chair f& —e -- Steve Moreno, Pro-Tem Vs )--_ Sean P. Conway Barbara Kirkmeye 2017-3931 PL0016 BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW/Regular Agenda REQUEST RE: BOCC Agenda Item — Release of Collateral For: Mile High Dairy, LLC, and Martin Bangma & Johanna Bangma 1989 Trust — AMUSR-686 DEPARTMENT: Planning DATE: 10/19/2017 PERSON REQUESTING: Chris Gathman Brief description of the issue: RECEIVED NOV 0 2 2017 WELD COUNTY COMMISSIOERS On July 27, 2009, the Weld County Board of Commissioners accepted collateral the y form of a letter of credit in the amount of Twenty -Thousand ($20,000.00) for on -site improvements (landscaping and fencing) for Amended Use by Special Review Permit 686 (Mile High Dairy, LLC & Martin Bangma and Joanna 13angma 1989 Trust). On April 11, 201 I the Board received and accepted $20,000.00 replacement cash collateral. At a Probable Cause Hearing, dated 2/8/2017, the Board of County Commissioners directed the applicant to review and modify the improvements agreement for Mile High Dairy (2' AMUSR-686) to address proper landscaping and buffering along County Road 5. The applicant has installed a 6 -foot solid screening fence along a 568 -foot section of County Road 5. The applicant indicated in an e-mail dated 4/14/2017 that he had met with the neighboring property owner Dennis Ruff. on Saturday, 4/8, to discuss the proposed fence. The applicant indicated that Mr. Ruff did not express any concerns with the fence. Tim Naylor of Agpro, on behalf of Mile High Dairy, has requested release of the full amount of the collateral. After review and an inspection by the Department of Planning Services, it has been determined that the above improvements have been completed and adequately addresses screening and buffering of the property along County Road 5. Staff recommends approval releasing the collateral for Mile High Dairy. Due to the obligations of the county being met, staff recommends that there is no need for an amended improvements agreement at this time, and instead simply a release of the collateral. Frank I Iaug/Assistant County Attorney has reviewed the release of Collateral requirements and recommends full release of collateral. What options exist for the Board? 1. Have this Release of Collateral item be placed on the next available agenda as part of the Regular Agenda. 2. Direction from Board Weld County Collateral List: Mile High Dairy, LLC and Martin Bangma and Johanna Bangma, (PL0016 2009-1717) AMUSR 686 Imps Agrmt (Private Road Maint) Check from Mile High Dairy, LLC, #5292 $20,000.00 2017-3931 Agenda BOCC Item Sean P. Conway Julie A. Cozad, Chair Mike Freeman Barbara Kirkmeyer Steve Moreno, Pro -Tern Recommendation: The Departments of Public Works, Planning Services and the County Attorney's Office are recommending full release of collateral for (AMUSR-686), Schedule as Consent Schedule as Regular BOCC Hearing Item Other/Comments: CLERK TO THE BOARD PHONE (970) 400-4217 FAX: (970) 336-7233 1150 "O" Street P.O. BOX 758 GREELEY, COLORADO 80632 Date: December 14. 2017 Wes and Kelly Bangma Mile High Dairy LLC 4372 Lemon Grass Drive Johnstown. Colorado 80534 RE: Cancellation and release of Collateral — Mile High Dairy. LLC. and Martin Bangma and Johanna Bangma 1989 Trust — AMUSR #686 On November 20, 2017, the Board of County Commissioners approved the cancellation and release of collateral related to improvements regarding Amended Use by Special Review Permit #686, in the amount of $20.000.00. Enclosed is the check and a copy of the recorded Resolution signed by the Board of County Commissioners, If you have questions or need additional information, please do not hesitate to contact me at (970) 400-4217. Very truly yours, BOARD OF COUNTY COMMISSIONERS By: ?/?.0 Tisa Juar (cor na Deputy Clerk to the Board Weld County, Colorado WARRANT NUMBER 3329212 INVOICE NUMBER OR REFERENCE INVnICF DATF INVOICF AMOUNT nISCnl INT nn nFnl ICTIONS ADDITIONAL AMnI INT NET AMfI INT 11/21/17 20,000.00 0.00 0.00 20,000.00 REMOVE DOCUMENT ALONG THIS PERFORATION STATE OF COLORADO THIS DOCUMENT IS PRINTED IN TWO COLOR . Do NOT ACCEPT. UNLESS BLUE AND BROWN ARE PRESENT. rz � Weld County 9 r r Y ry r By Order of The Board Of County 4.1 hail I 62-914* 1021 Commissioners . c o ,,, `.I' P.O. Box 758► i� - T Greeley, CO 80632 e s argo - \\\ / 9.70) 356-4000 FAX: 970)352-0242 Greeley, CO 80634 DATE 11/22/2017 Twenty Thousand Dollars \e„/".- 'X\I \ 3/441144: 4372 LEMON GRASS DR J0HNSTOWN CO 80534-5258 1\ 2 \\ A \\\ itratitaltatail CHAT • a ANT NUMBER 3329212 OF 1!C%iES:1 IRE 1i E&SURY APPROPRIATED THEREFOR AND CHARGEA3.E TO THE PAY FXACTI Y $A 20,000.00 OID IF NOTAt HED N 60 DAYS CLERK OF THE BOARD CHAIRMAN BOARD OF CO SIONE'S tt/t_w cLrc draiwts.mui NTY CO " U, rag Fin cr N U, N ran Pr- U.S. Postal Service"' CERTIFIED MAIL° RECEIPT Domestic Mail Only For delivery information, visit our website at www.usps.com®. Certified Mail Fee Extra Services & Fees (check box, add fee as appropriate) ❑ Return Receipt (hardcopy) $ D Return Receipt (electronic) $ ❑ Certified Mail Restricted Delivery $ Adult Signature Required $ • Adult Signature Restricted Delivery $ Postage $ Total Postage and Fees Sent To Street and Apt. No., or : 7 Box No. City State, Z'IP+4' Ci‘t C61/1/4,i” 1\ PS Form 3800, April 2015 PSN 7530-02-000-9047 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 you. Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Was cuAck Ketui exPAirct--4 mat v-Vs-`i . �n, tionnarrt 9-41./J0 1-)11 %\illitossikenern, eLbee?,-Lt 11111111 1111 11111111 I 9590 9402 1714 6053 4708 15 2. Article Number (Transfer from service label) _ 70 1 6 0750 OHO 7 9 38 B'415 COMPLETE THIS SECTION ON DELIVERY A. ion- ure x C. Date of Delivery ❑ A boll ® Addressee ,Received ay (Printe`c. Narne) I D. Is delivery address: different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No 3. Service Type ❑ Adult Signature ❑ • dult Signature Restricted Delivery ertified Mail® Certified Mail Restricted Delivery ❑ Collect on Delivery ❑ Collect on Delivery Restricted Delivery — Insured Mail Insured Mail Restricted Delivery (over $500) ❑ Priority Mail Express® ❑ Registered MaiITM ❑ 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 Tisa Juanicorena From: Sent: To: Cc: Subject: Frank Haug Thursday, November 02, 2017 10:14 AM Tim Naylor; Chris Gathman; Tisa Juanicorena MHDLLC; Tom Haren; Deanne Frederickson; Kelsey Bruxvoort; Bob Choate; Tom Parko Jr.; Michelle Martin RE: Mile High Dairy Tim, our inspection should be completed today and we will then be able to get this to the board for a final decision From: Tim Naylor [mailto:tnaylor@agpros.com] Sent: Thursday, October 26, 2017 12:16 PM To: Chris Gathman <cgathman@weldgov.com>; Frank Haug <fhaug@weldgov.com>; Tisa Juanicorena <tjuanicorena@weldgov.com> Cc: MHDLLC <bangmafamily@yahoo.com>; Tom Haren <tharen@agpros.com>; Deanne Frederickson <DFrederickson@agpros.com>; Kelsey Bruxvoo'rt <Kbruxvoort@agpros.com>; Bob Choate <bchoate@weldgov.com>; Tom Parko Jr. <tparko@weldgov.com>; Michelle Martin <mmartin@weldgov.com> Subject: FW: Mile High Dairy Chris, Frank, Tisa Please accept this email as a formal request to release the collateral on behalf of Mile High Dairy. Mile High Dairy has completed the landscaping requirement twice and has now constructed a fence as approved by Planning Staff and the neighborhood and documented in the attached document. Please let me know how Weld County plans to process the release of the collateral so I can provide guidance for my client. Tim Naylor AGPROfessionals 3050 67th Avenue, Suite 200 Greeley, CO 80634 970-535-9318 office 970-535-9854 fax (303) 870-0013 mobile www.agpros.com 111 ROfessionals DEVELC3PtRS OE ACIUCUCrm: From: Tim Naylor Sent: Wednesday, October 11, 2017 3:13 PM To: Chris Gathman Cc: 'Bob Choate'; Tom Parko Jr.; 'Michelle Martin'; 'Esther Gesick'; MHDLLC Subject: Mile High Dairy 1 Chris Following up regarding the BoCC hearing to release the Mile High Dairy collateral. Attached are the documents submitted on 9-18-17. Per our phone call, the Clerk to the Board was going to schedule a hearing regarding this. Do you know when the hearing will be scheduled? Please schedule as soon as possible. Thanks Tim Naylor AGPROfessionals 3050 67th Avenue, Suite 200 Greeley, CO 80634 970-535-9318 office 970-535-9854 fax (303) 870-0013 mobile www.agpros.com AGPROfessionals DEVELOPERS OF At:RICUL:iTR . 2 USR BOUNDARY •...,.N...,..,,,ob1/4 v I i EXISTING ACCESS 568 LF 6' SOLID FENCE • • • • EXISTING SPLIT FENCE U EXISTING SOLID / FENCE EXISTING SOLID ,-� FENCE SCALP I' 2W' ill(11.+;1 l -)l'i R' 01' At,R7it'( It Kl AGPROfessionals MILE HIGH DAIRY Proposed Fence Exhibit A DATE 2/14/2017 SHEET NO I of I COLORADO. CLERK TO THE BOARD PHONE (970) 336-7215, Ext. 4225 FAX: (970) 352-0242 P. O. BOX 758 GREELEY, COLORADO 80632 March 18, 2010 Attn: Aurea Balenbin Wells Fargo Bank N.A. Trade Services Division, Northern California One Front Street, 21st Floor San Francisco, California 94111 RE: Letter of Credit #NZS642139 — Mile High Dairy, LLC Ladies and Gentlemen: This letter shall act as a confirmation 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 15th day of July, 2009, Wells Fargo Bank, issued an Amended and Restated Letter of Credit on behalf of Mile High Dairy, LLC, naming the Board of County Commissioners of Weld County, Colorado as beneficiary. The dollar amount of the Letter of Credit was established at Twenty Thousand Dollars ($20,000.00). The terms of the Letter of Credit require that it be maintained by your institution until the 1st day of June, 2010. If your institution intends to terminate its obligations under the Letter of Credit, you are required to provide notice to Weld County ninety (90) days prior to the anniversary date. If we are not in receipt of said notification, the terms of the Letter of Credit will remain in force. 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 970-336-7215, ext. 4227, or a -mail me at dbechler@co.weld.co.us. Very truly yours, Bruce T. Barker Clerk to the Board By' .�-L`4A.} eputy Cle to the Board pc Mile High Dairy, LLC 7009--/7/2 I am replacing the Irrevocable Letter of Credit # NZS642139 for Mile High Dairy, LLC (PL 0016 - AmUSR686) from Wells Fargo with a cashier's check for $20,000.00 as replacement collateral. Weld County will return the Letter of Credit to Wells Fargo. Mk,n19ex- `i 5, 1 da'9- /7/7 ,LC}D/� �roa UUCUMENT HAS AN ARTIFICIAL WATERMARK PRINTED ON THE BACK, ABSENCE OF THIS FEATURE WILL INDICATE A COPY. Great Western Banks Making Life Great' REMITTER:.. MILE HIGH - DAIRY, LLC COMMENTS," USR686 FOR MILE HIGH DAIRY PAY TO THE WELD. COUNTY ORDER OF 5292 EXACTLY **20,000 AND 00/100 DOLLARS ****.* . 20; 000: 00 CASHIER'S CHECK PAYABLE THROUGH: FIRST INTERSTATE BANK HELENA, MT • 52922 CUSTOMER COPY REMITTER: MILE HIGH DAIRY, LLC TO: WELD COUNTY CASHIER'S CHECK DATE: 4/05/11 BRANCH: 0561 ORIGLNATOR: SUAREZAL TIME: 12:58:08 CI( Akfl': ******20,000.00 NOT NEGOTIABLE SAVE THIS COPY FOR YOUR RECORDS NO REFUND OR REISSUE WITHOUT THIS COPY WELLS FARGO Letter of Credit No Longer Required. Replaced with Cashir's Checjc 4/5b2011 By County of Weld, State of Colorado, Board of County Commissioners 915 10th Street Greeley, CO 80631 Attention: Clerk to the Board Ladies and Gentlemen: TRADE SERVICES DIVISION, NORTHERN CALIFORNIA ONE FRONT STREET, 21sTFLOOR SAN FRANCISCO, CALIFORNIA 94111 Contact Phone: 1(800) 798-2815 Email: sftrade@wellsfargo.com Deputy Clerk to the Board of Weld County IRREVOCABLE LETTER OF CREDIT Commissioners Letter of Credit No.NZS642139 Date: June 12, 2009 At the request and for the account of Mile High Dairy, L.L.C., 15333 WCR 5, Longmont, Co 80504, we hereby establish our Irrevocable Letter of Credit in your favor in the amount of Twenty Thousand United States Dollars (US$20,000.00) available with us at our above office by payment of your signed and dated demand(s) worded as follows with the instruction in brackets therein complied with: "The undersigned, an authorized official of the County of Weld, State of Colorado, Board of County Commissioners ("Beneficiary"), hereby demands US$ [insert amount of drawing] and certifies that Mile High Dairy, L.L.C. ("Applicant") has not performed its obligations specified in the Improvements Agreement by and between the Beneficiary and Applicant ." This Letter of Credit expires at our above office on June 1, 2010. Partial and multiple drawings are permitted under this Letter of Credit. If any instructions accompanying a drawing under this Letter of Credit request that payment is to be made by transfer to an account with us or at another bank, we and/or such other bank may rely on an account number specified in such instructions even if the number identifies a person or entity different from the intended payee. We hereby engage with you that all drawings presented under and in compliance with the terms of this credit will be duly honored for payment. This Letter of Credit is subject to the Uniform Customs and Practice for Documentary Credits (2007 Revision), International Chamber of Commerce Publication No. 600, and engages us in accordance therewith. ao ul M o = d t.l.t ©- > Very truly yo C.? u7 In a glj _1 a C=) BY: WELLS (AU T • ' I r: SIGNATURE) EISA CHAD ."('_ PRESIDENT April 6, 2011 CLERK TO THE BOARD PHONE (970) 336-7215, Ext. 4227 FAX: (970) 352-0242 P. O. BOX 758 GREELEY, COLORADO 80632 Attn: Aurea Balenbin, Asst VP Wells Fargo Bank N.A. Trade Services Division, Northern California San Francisco, California 94111 RE: Cancellation and release of Collateral — Mile High Dairy, LLC Ladies and Gentlemen: Attached hereto please find the original Irrevocable Letter of Credit No. NZS642139, issued by Wells Fargo, Trade Services Division, Northern California, in the amount of $20,000.00. It has been replaced by cash collateral from Mile High Dairy, LLC, so we are returning the Letter of Credit to you. If you have questions or need additional information, please do not hesitate to contact me at (970) 336-7215, Extension 4227. Very truly yours, BOARD OF COUNTY COMMISSIONERS Deputy Clerk to the Board U.S. Postal Service,,, CERTIFIED MAIL, RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) Postage Certiied Fee Return Receipt Fee {Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees Bent Ti rear, TVn or PO Box City, late, Jade 15rse D c' may/ / Hello