HomeMy WebLinkAbout20162713.tiffRESOLUTION
RE: APPROVE PARTIAL RELEASE OF COLLATERAL AND ACCEPT WARRANTY
COLLATERAL FOR MEADOWS ESTATES (PF-1079) - SCHRAGE LIVING TRUST, BY
THEODORE SCHRAGE, TRUSTEE
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 on April 6, 2010, the Department of Planning Services
staff approved PUD (Planned Unit Development) Final Plat, PF #1079 (The Meadows Estates
PUD) for Schrage Living Trust. c/o Theodore Schrage, 23505 County Road 3, Loveland. Colorado
80537. for five (5) residential lots with E (Estate) Zone uses and 9.4 acres of common open space,
for a parcel of land located on the following described real estate. to -wit:
Lot B of Recorded Exemption, #1042; being part of
the E1/2 NE1/4 of Section 6, Township 4 North,
Range 68 West of 6th P.M.. Weld County. Colorado
West of the 6th P.M., Weld County, Colorado. and
WHEREAS, on July 17. 2013, the Board of County Commissioner of Weld County,
Colorado, approved an Improvements Agreement According to Policy Regarding Collateral for
Improvements for The Meadow Estates PUD (PF-1079), between the County of Weld, State of
Colorado, by and through the Board of County Commissioners of Weld County. and Schrage
Living Trust. by Theodore Schrage, Trustee. with terms and conditions being as stated in said
agreement. and accepted Performance Bond #1089419 from Lexon Insurance Company,
900 South Frontage Road, Suite 250, Woodridge, Illinois 60517. in the amount of $189,150.00,
and
WHEREAS, staff from the Weld County Departments of Public Works and Planning
Services have conducted a visual inspection and recommend a partial release of said Collateral
and acceptance of $28,372.50. as Warranty Collateral,
WHEREAS, upon recommendation of staff, the Board deems it advisable to partially
release said collateral.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Performance Bond #1089419 from Lexon Insurance Company,
900 South Frontage Road, Suite 250, Woodridge, Illinois 60517, in the amount of $189.150.00
be, and hereby is, canceled and released; and furthermore, Cashier's Check #786060, from
Theodore Schrage, and drawn on First National Bank, 205 West Oak Street, Fort Collins, CO
80522, in the amount of $28,372.50, be, and hereby is, accepted.
BE IT FURTHER RESOLVED by the Board that the Clerk to the Board be. and hereby is,
directed to return said released collateral to the appropriate issuing party.
4235501 Pages: 1 of 2
09/12/2016 12i 14 PM erk d R Recorder.Fe:0.00jdIuClounityTlu��
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2016-2713
PL2235
PARTIAL RELEASE COLLATERAL - SCHRAGE LIVING TRUST, BY THEODORE SCHRAGE,
TRUSTEE
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded. adopted
by the following vote on the 22nd day of August. A.D., 2016.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY. COLORADO
ATTEST:
Weld County Clerk to the Board
c
BY.
Duty Clerk to the Board
VED A .-.' aRM:
Mike Freeman, Chair
t
Sean P. Conway, Pro-Tem
Julie A. Cozad
rbara Kirkmeyer
County Attorney �� �� a 3► CUSED
teve Moreno
Date of signature: O11-7 �O«o
4235501 Pages: 2 of 2
09/12/2016 12:14 P11 R Fee:$0.00
Carly Koppes• ClerkandRecorder, Weld County. CO
■III 11111
/44
2016-2713
PL2235
Bond # 1089419
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. Surety", are he _.. •• w' ly
Colorado on behalf of Weld C
-CE BOND FOR
.S OF WELD COUNTY, COLORADO
SENTS, that (name) Ted Schrage, (address)
limited liability company, etc.) Individual,
with its principal office located at (address)
lied "Principal", and (name of surety) Lexon
Fronta e Rd. Ste 250 Woodrid e IL 60517,
bound unto Board of County Commissioners of
ounty, Colorado, hereinafter called "Obligee" in
' 4 Vs' and penal sum of One Hundred Eighty -Nine Thousand One Hundred Fifty and 00/100
..tars ($189,150.00), lawful money of the United States for the payment of which well and
truly made, we bind ourselves, our heirs, administrators, successors and assigns, jointly and
severally, firmly by these presents.
WHEREAS, the above -bound Principal (has obtained) or (is about to obtain) from the
Obligee a land use permit, namely (insert the specific permit and number — USR, SPR etc)
' ( v 7 t , and pursuant to the requirements of said permit, has entered into an
Improvements Agreement, dated March 6, 2013, with Obligee, wherein Principal has agreed to
construct the improvements detailed in Exhibit "A" of that Improvements Agreement, and
WHEREAS, the Improvements Agreement requires Principal to obtain a performance
bond in an amount equal to the total cost of the improvements for which Principal is responsible
and naming Obligee as beneficiary, and
WHEREAS, the value of improvements for which Principal is responsible equals One
Hundred Eighty -Nine Thousand One Hundred Fifty and 00/100 Dollars, ($189,150.00).
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if
Principal shall well, truly and faithfully perform its duties, and all of its undertakings, covenants,
terms, and conditions as set forth in the Improvements Agreement, and if Principal shall satisfy
all claims and demands set forth in said agreement, and shall fully indemnify and save harmless
Obilgee from all costs and damages which it may suffer by reason of Principal's failure to
perform as agreed, and shall reimburse and repay Obligee all outlay and expense which Obligee
may incur in making good any default, then this obligation shall be null and void;
PROVIDED FURTHER, that if Principal shall default in any of its obligations set forth
in the Improvements Agreement, and thereafter fail to fully indemnify and save harmless
Obilgee from all costs and damages which it may suffer by reason of said default, this obligation
shall remain in full force and effect;
PROVIDED FURTHER, that Surety, for value received, hereby stipulates and agrees that
no change, extension of time, alteration or addition to the terms of the Improvements Agreement
to the work to be performed thereunder, shall in any way affect its obligations on this bond, and
Bond it 1089419
it does hereby wai•
terms of the T
extension of time, alteration or addition to the
tion may be cancelled by the Surety upon
Obligee. This bond shall renew annually
lease by Obligee, to guarantee that Principal
nd all of the undertakings, covenants, terms,
ement, and any extensions thereof which may
urety.
'o'f vie _ 1.OVIDED FURTHER, the parties to this Performance Bond acknowledge that through
Improvements Agreement, Obligee reserved the right to require Principal to obtain a different
Performance Bond from a financial institution other than Surety in the event that the rating of
Surety by AM Best falls below a B+ rating.
IN WITNESS WHEREOF, this instrument is executed in four (4) counterparts, each one of
which shall be deemed an original, this 6th day of March, 2013.
Principal Secretary/Witness
(SEAL)
Witnes as to Surety
Same
Address
Same
Address
Ted Schrage
Principal
By
LEXON INSURANCE COMPAN
Tammy D. Henkle ; • ttorney-i -Fact
1 J
900 S. Frontage Rd. Ste. 250
Address
Woodridge, Il 60517
Address
IMPORTANT: Surety company executing bond must appear on the Treasury Department's most
current list (Circular 570 as amended) and be authorized to transact business in the State of
Colorado.
Bond must be accompanied with Attorney -in Fact's authority from the surety company certified
to include the date of the bond.
•
'ER OF ATTORNEY
P �x -12227 3
hoard
i rance Company
��o ay
KNOW ALL �"r �e(��:�
Louisville, Kent ,
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E. Bruce, Tammy D. Henkle *************
***********
fiteSet) 14° ‘ed
*********
!iruh1,
date % 0303Cd_, doer and •� h : `-':��. ution which was passed by the Board of Directors of LEXON
the 1st day of July,
der
•
NM • , .%.w1 ,,.1, that the President of the Compan thorized to appoint and empower any representative of the Company or
or persons as Attorney -In -Fact to execute on behalf of the Company any bonds, undertakings, policies, contracts of indemnity
or Lett ier writings obligatory in nature of a bond not to exceed $2,500,000.00, Two -million five hundred thousand dollars, which the Company
might execute through its duly elected officers, and affix the seal of the Company thereto. Any said execution of such documents by an
Attorney -In -Fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected
officers of the Company. Any Attorney -In -Fact. so appointed, may be removed for good cause and the authority so granted may be revoked
as specified in the Power of Attorney.
Resolved, that the signature of the President and the seal of the Company may be affixed by facsimile on any power of attorney
granted, and the signature of the Assistant Secretary, and the seal of the Company may be affixed by facsimile to any certificate of any such
power and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such
power so executed and sealed and certificate so executed and sealed shall, with respect to any bond of undertaking to which it is attached,
continue to be valid and binding on the Company.
IN WITNESS THEREOF, LEXON INSURANCE COMPANY has caused this instrument to be signed by its President, and its
Corporate Seal to be affixed this 21st day of September, 2009.
Go
‘-ep► GoV► *` and on its behalf as surety, any and all bonds, undertakings or
VSURANCE COMPANY, a Texas Corporation, with its principal office in
LEXON INSURANCE COMPANY
BY rW
David E. Campbell
President
ACKNOWLEDGEMENT
On this 21st day of September, 2009, before me, personally came David E. Campbell to me known, who being duly sworn, did
depose and say that he is the President of LEXON INSURANCE COMPANY, the corporation described in and which executed the above
instrument; that he executed said instrument on behalf of the corporation by authority of his office under the By-laws of said corporation.
"OFFICIAL SEAL"
MAUREEN K. AYE
Notary Public, State of Illinois
My Commission Expires 09/21/13
CERTIFICATE
Maureen K. Ayes
Notary Public
I, the undersigned, Assistant Secretary of LEXON INSURANCE COMPANY, A Texas Insurance Company, DO HEREBY CERTIFY
that the original Power of Attorney of which the foregoing is a true and correct copy, is in full force and effect and has not been revoked and
the resolutions as set forth are now in force.
Signed and Sealed at Woodridge, Illinois this
Day of Yl, A c-c'n , 20 t3
Philip G. Lauer
Assistant Secretary
"WARNING: Any person who knowingly and with intent to defraud any insurance company or other person, files an application for insurance or
statement of claim containing any materially false information, or conceals for the purpose of misleading, information concerning any fact materi-
al thereto, commits a fraudulent insurance act, which is a crime and subjects such person to criminal and civil penalties:'
LX1
CLERK TO THE BOARD
PHONE: (970) 400-4217
FAX: (970) 336-7233
P. O. BOX 758
GREELEY. COLORADO 80632
September 15. 2016
LEXON INSURANCE COMPANY
12890 LEBANON RD
MT. JULIET, TENNESSEE 37122
RE: Partial Cancellation and release of Collateral — Schrage Living Trust, by Theodore
Schrage. Trustee
Ms. Jalene Brown:
Attached hereto please find the Board of County Commissioners Resolution partially releasing
the collateral for Schrage Living Trust, by Theodore Schrage. Trustee, in the amount of
$189,150.00. and the original Performance Bond #1089419 issued by Lexon Insurance
Company.
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
B
Tisa Juanitorena,
Deputy Clerk to the Board
■ 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
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For delivery information, visit our website at www.usps.com'.
Certified Mail Fee
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❑ Return Receipt (nardcopy) $
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CLERK TO THE BOARD
PHONE: (970) 400-4217
FAX: (970) 336-7233
P. O. BOX 758
GREELEY. COLORADO 80632
September 15. 2016
SCHRAGE LIVING TRUST. BY THEODORE SCHRAGE, TRUSTEE
23505 WCR 3
LOVELAND CO 80537
RE: Partial Cancellation and release of Collateral — Schrage Living Trust, by Theodore
Schrage. Trustee
Attached hereto please find copies of both the Board of County Commissioners Resolution
partially releasing the collateral for Schrage Living Trust, by Theodore Schrage, Trustee, in the
amount of $189,150.00. and the original Performance Bond #1089419 issued by Lexon
Insurance Company. The original Performance Bond has been returned to the aforementioned
surety.
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:
Deputy Clerk to the Board
Tisa arricorena,
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uUAuMENT iS PRINTED ON CHEMICAL REACTIVE PAPER WITH INVISIBLE FIBERS. AND THE REVERSE SIDE INCLUDES MICROPRINTED ENDORSEMENT LINES
First National Bank
205 West Oak Street • Fort Collins, CO 80522-0578
REMITTER:
THEODORE H SCHlt "rat
PAY F`x:nC:TLV *t28,372 "BULL ' S AND 7j11 CENTS**
PAY TO THE ORDER OF:
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CASHIER'S CHECK
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NUMBER 786060
DATE:
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BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW/Regular or Consent Hearing Agenda REQUEST
RE: BOCC Agenda Item — Partial Release of Collateral and Beginning of Two Year Warranty Period For:
Theodore H. Schrage, Meadows Estates — PF-1079
DEPARTMENT: Public Works DATE: 7/26/2016
PERSON REQUESTING: Evan Pinkham
Brief description of the issue:
The Department of Public Works received a request from the applicant's representative, Dennis Messner, requesting an
inspection of the property in order to begin the two year warranty period, for The Meadows Estates PUD (PF-1079), located
near CR 3 & State Highway 66, west of the town of Johnstown.
RECEIVED
JUL 272016
WELD COUNTY
COMMISSIONERS
Weld County Public Works Department performed a site inspection, at the above mentioned site, and observed the
following:
• All Public Works related items on Exhibit A, of the Improvements Agreement According To Policy Regarding
Collateral For Improvements Document #2013-1848, have been completed and are found to be acceptable and have been
reviewed and approved by Frank Haug/Assistant County Attorney.
Weld Counts, Collateral List:
Schrage Living Trust, by Theodore Schrage, Trustee
(2013-1848 PF#1079) Improvements Agreement
Performance Bond #1089419 from Lexon Insurance Co.
Renews Automatically Annually until Release
or 60 days written notice
$189,150.00
What options exist for the Board?
1. Have this BOCC Hearing item be placed on the next available agenda as part of the Consent Agenda.
2. Have this BOCC Hearing item be placed on the next available agenda as part of the Regular Agenda.
Recommendation:
Option 1. The Departments of Public Works, Planning Services and the County Attorney's Office are recommending partial
release of collateral, as shown above from the Weld County Collateral List, in the amount of $160,777.50. Weld County
will retain a balance of $28,372.50 to serve as Warranty Collateral for a period of two years from the date the Board of
County Commissioners approves this request, and also requests that this item be placed on the next regularly scheduled
BOCC Hearing, as part of the Consent Agenda. Mr. Schrage has submitted replacement/warranty collateral in the form of
a Cashiers Check (#786060) from First National Bank, in the amount of $28,372.50.
Mike Freeman, Chair
Sean P. Conway, Pro-Tem
Julie A. Cozad
Barbara Kirkmeyer
Steve Moreno
Approve
Recommendation BOCC Hearing Item Othe '.mments:
Schedule as Regular
2016-2713
yes a-
-TA ertl,
I
U:\Engineering\PLANN . — DEVELOPMENT REVIEW)-Pre-Accela Referrals (Old Numbering)\3-Final Plat (PF, MF, MJF)\PF-1079 Schrage PUD Improvements
Agreement\PF-1079 Passaround-BOCC Hearing Request 2016 (7-26-I6).docx
Dennis R Messner. P. E.
Consulting Civil Engineer
August 10, 2016
Project No. 1031-GRD-12
Evan Pinkham, Inspector
Weld County Public Works
1111 Tr Street
Greeley, Colorado 80632
Re: THE MEADOWS ESTATES P. U. D. - PF1079
Dear Mr. Pinkham:
This is to advise that I have observed the installation of the subdivision improvements associated with
The Meadows Estates P. U. D. - PF-1079 as the work progressed. It is my professional opinion that the
subdivision improvements have been completed in substantial conformance with the accepted
construction plans.
If you should have any questions, please feel free to contact me.
Respect
submitted,
De R. Messner, P. E
cc: Ted Schrage
2015 Buena Vista PI.
Telephone: (970) 461-3591 Loveland, Colorado 80538
1
Directors:
Bill Szmyd, President
Bob Acker
Larry Brandt
Peter Bridgman
Paul Bulmwski
Kathy Gallivan-Crist
Ed Martens
Little Thompson Water District
June 2, 2015
Ted Schrage
23505 County Road 3
Loveland CO 80537
Re: Water system improvements- Meadow Estates Subdivision
Dear Sir:
District Manager:
James C Hibbard
835 E Hwy 56
Berthoud, CO 80513
P 970.532.2096
F 970.532-3734
www.L71VD.org
The water system improvements for Meadow Estates Subdivision including 1000 feet of 6
inch water line, 3 fire hydrants, and services to 5 lots have been installed and tested according to
Little Thompson specifications. A bill of sale and as-builts have been provided and all fees have been
paid. The District has now committed to serve the lots in the subdivision.
If you have any questions, or need additional information please contact me in the office.
Regards, - •
/
/ll/�
Todd Cooper
Construction Inspector
From: Dennis Messner[mailto:dennis�u,messnereng.com]
Sent: Monday, December 07, 2015 11:29 AM
To: Richard Hastings
Subject: The Meadows Estates - PUD
Rich,
We fmally have the public improvements completed for the subject project.
I would like to meet with you to do a final inspection and begin the warranty period process.
I am available at your convenience.
Thanks,
Dennis R. Messner, P.E.
Consulting Civil Engineer
221 E. 29th Street, Suite 157
Loveland, CO 80538
Office: 970-461-3501
Mobile: 970-402-4360
E-mail: dennis@,messnereng.com
COLORADO
Department of Transportation
Transportation Systems
Management & Operations
Region 4 Traffic Section
10601 West 10th St.
Greeley, Colorado 80634
(970) 350-2148 Fax:(970) 350-2198
14:45
ATTN: Theodore H. Schrage, Trustee
Schrage Living Trust
23505 Weld County Road 3
Loveland, CO 80537
RE: State Highway Access Permit No. 414036, Located on Highway 060, Milepost 1.783,
in Weld County
Dear Permittee or Applicant:
The Colorado Department of Transportation has inspected your permit no. 413108.
The work has been ACCEPTED with seeding to be monitored as weather warms.
If you have any questions or need more information, please contact me at the office
listed above.
Respectfully,
Bruce Barnett
Region 4 Access Inspector
4201 E Arkansas Avenue, 3s Floor, Denver, Colorado 80222 P 303.757.9654 F 303.757.9219 www.coloradodot.info
STATE OF COLORADO
Weld County Planning Department
GREELEY OFFICE
Bill Owens, Governor FEB 2 3 2005
DEPARTMENT OF NATURAL RESOURCES
DIVISION OF WILDLIFE
AN EQUAL OPPORTUNITY EMPLOYER
Bruce McCloskey; Director
6060 Broadway
Denver, Colorado 80216
Telephone: (303) 297-1192
February 18, 2005
Weld County Planning
Michelle Martin
918 10th Street
Greeley, CO 80631
Subject: Schrage Living Trust, case number RE -4042
Dear Michelle:
R. r
j
For Wrldlife-
For People
The Colorado Division of Wildlife has checked and reviewed the subject property and proposed development as to
potential impacts on wildlife. The parcel is currently agricultural land and generally cannot be considered as
critical habitat for any wildlife species. The Lake Ditch, although a man-made waterway, provides a riparian
corridor with associated riparian species near the south end of the property and a small wetland appears to be
located near the south end of the property as well. This corridor and related vegetation should be maintained to
provide habitat for wildlife.
An irrigation ditch also runs along the east side of the proposed development. All willows, cottonwoods, and other
native riparian habitat should be left undisturbed as well as the dead wood and trees in this area. For the Francisco
Garcia Estate Lots on the east side of this irrigation ditch, a 75 foot buffer was established on the ditch for Open
Space. Clustering of houses and development on the west side of the Schrage Property would provide a more
substantial buffer for this riparian area. Increasing the buffer to 100 feet would provide additional buffer.
According to the Colorado Division of Wildlife Natural Diversity Information Source Map for Weld County, the
area provides winter range for bald eagles, foraging areas for ducks and geese, and is within the overall range for
pheasant and mule deer and white-tailed deer. Coyote, fox, raccoon, skunk, songbirds, other raptors and
herptofauna may also occur in this area.
Upon disturbance of any areas, noxious weeds should be monitored and controlled. Homeowners should also be
aware that planting trees, shrubs and other herbaceous plants may attract wildlife. Subsequently, ornamental
landscaping may be damaged by wildlife. Homeowners will need to be responsible for damages incurred and will
not be eligible for any reimbursement by the Colorado Division of Wildlife.
Homeowners should be made aware of the presence of native predators. Pets should not be allowed to roam free.
All domesticated livestock and farm animals should be secured with wildlife proof fencing appropriate for the
species being raised. Pets as well may negatively interact with wildlife even on the home -sites and homeowners
will be responsible for handling these problems. Homeowners should secure pet and animal feeds, trash
containers, and charcoal/gas grills. Pets should have current shots. All control of nuisance wildlife will be the
homeowner's responsibility with the possible exception of bears and mountain lions.
DEPARTMENT OF NATURAL RESOURCES, Russell George, Executive Director
WILDLIFE COMMISSION, Philip James, Chair • Jeffrey Crawford, Vice -Chair • Brad Phelps, Secretary
Members, Bernard Black • Tom Burke • Rick Enstrom • Claire O'Neal • Robert Shoemaker • Ken Tortes
Ex Officio Members, Russell George and Don Ament
Homeowners should also be aware that hunting may be an ongoing fall and winter activity on lands surrounding
the development Shooting will occur normally in the early mornings until dark on these areas. The sounds of
gunfue may be somewhat distracting, yet should be noted to the potential owners and developer.
Thank you for your consideration of these comments. If you have any questions regarding these comments, please
contact District Wildlife Manager Suzanne Kloster at 303-485-0593.
Sincerely,
A
4 ri
{or -
Scott
Hoover
Northeast Regional Manager
Cc: Suzanne Kloster
111111 IIIII 11011111111111111111111111 IN IIIII IIII IIII
3163979 0312004 11:27A Weld County, CO
9, 1 of 1 R 6.00 D 0.00 Steve Moreno Clerk & Recorder
CONSOLIDATED CHRISTIAN/CONNORS LATERAL DITCH COMPANY
2932 South County Road 7
Loveland, Colorado 80537
March 19.2004
LCGAI. 0'FSCBP I IF a'oPE'
PT E2NE4 6-4-68 LOT B REC EXEMPT R&2509 (.69R4D7RES) srrus: 86660 HWY WELD 0
SCHRAGE LIVING TRUST
866 STATE HWY 60
To Whom It May Concern: _ ��.AND. CO 80537
THEODORE H. SCHRAGE TRUSTEE
RE: Ted Schrage Property SCHRAGE LIVING TRUST
0666 STATE HWY. 60
LOVELAND, CO 80537$217
This letter will confirm that the Consolidated Christian/Connors Lateral Ditch Company has
abandoned the ditch that ran north from the Consolidated Home Supply Ditch and Reservoir
Company Ditch to State Highway 60 thru Mr. Schrage's property.
ohnson Minerva G. Lee
President — Secretary
STATE OF COLORADO
County of Larimer
xs-
The foregoing instrument was acknowledged before me this ZO day of March, A.D. 2004,
by Rodney Johnson and Minerva G. Lee.
Witness my hand and SEAL
Buzz Sawyer
Commission Expires: 02-0408
712 Whalers Way, #A100
Fort Collins, Colorado 80525
Tisa Juanicorena
From:
Sent:
To:
Cc:
Subject:
Frank Haug
Monday, August 08, 2016 1:52 PM
Tisa Juanicorena; Esther Gesick
Michelle Martin; Evan Pinkham; Richard Hastings; Hayley Brown
FW: Meadows Estates (PF-1079): Partial Collateral Release Request
Can you please add this to the packet? PW is going to do a little more follow up. Thanks.
Frank N. Haug
Assistant Weld County Attorney
1150 O Street
Mailing Address: P.O. Box 758, Greeley, CO 80632
tel: (970) 356-4000 x4394
fax: (970) 352-0242
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Original Message
From: Michelle Martin
Sent: Monday, August 08, 2016 1:36 PM
To: Frank Haug <fhaug@co.weld.co.us>
Cc: Evan Pinkham <epinkham@co.weld.co.us>; Janet Lundquist cjlundquist@co.weld.co.us>; Hayley Brown
<hbrown@co.weld.co.us>
Subject: RE: Meadows Estates (PF-1079): Partial Collateral Release Request
Hi Frank,
The applicant has satisfied planning's requirements in the Improvements Agreement regarding the Landscaping in the
amount of $750.00.
Please don't hesitate to contact me if you have any questions.
Michelle Martin
Planning Manager
1555 N 17th Ave
Greeley, CO 80631
mmartin@co.weld.co.us
PHONE: (970) 400-3571
FAX: (970) 304-6498
1
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Original Message
From: Frank Haug
Sent: Monday, August 08, 2016 11:03 AM
To: Michelle Martin <mmartin@co.weld.co.us>
Subject: FW: Meadows Estates (PF-1079): Partial Collateral Release Request
Frank N. Haug
Assistant Weld County Attorney
1150 O Street
Mailing Address: P.O. Box 758, Greeley, CO 80632
tel: (970) 356-4000 x4394
fax: (970) 352-0242
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.
Original Message
From: Tisa Juanicorena
Sent: Monday, April 11, 2016 11:25 AM
To: Richard Hastings <rhastings@co.weld.co.us>
Cc: Esther Gesick <egesick@co.weld.co.us>; Janet Lundquist <jlundquist@co.weld.co.us>; Michelle Martin
<mmartin@co.weld.co.us>; Frank Haug <fhaug@co.weld.co.us>
Subject: RE: Meadows Estates (PF-1079): Partial Collateral Release Request
Hi Rich,
Technically the answer is yes because the financial institution isn't bound by the applicant and according to the docs
looks like they can cancel at any time. However, it would then make the applicant liable which is why you may want to
contact the applicant and reiterate the fact that the partial release of that collateral hinges on the outcome of the
inspection process and if it is cancelled prior to the County saying yes the work has been completed to our required
specification, in other words if anything is found unsatisfactory, the applicant is liable to that obligation and if the
collateral has been cancelled then that insurance no longer exists and the applicant would have to financially cover
those improvements. It is in the applicants best interest to keep the collateral in place until released by the County on
the County's timeline. I have copied Frank on this and perhaps he can weigh in.
Tisa Juanicorena
Deputy Clerk to the Board
2
1150 O Street
Greeley, CO 80634
tjuanicorena@weldgov.com
tjuanicorena@co.weld.co.us
tel: 970.336.7215 X4217
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the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise
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Original Message
From: Richard Hastings
Sent: Monday, April 11, 2016 9:17 AM
To: Tisa Juanicorena <tjuanicorena@co.weld.co.us>
Cc: Esther Gesick <egesick@co.weld.co.us>; Janet Lundquist <jlundquist@co.weld.co.us>; Michelle Martin
<mmartin@co.weld.co.us>
Subject: RE: Meadows Estates (PF-1079): Partial Collateral Release Request
Tisa,
They've already supplied a Cashier's check for the 15% Warranty Collateral. Before we accept that, Michelle and I need
to review the documents and visit the site. I don't want the bank to move ahead and cancel the original bond, until we
have completed the review process and found everything to be acceptable. I have a feeling that the applicant and/or his
representative are in the process of informing the bank that the original bond can be cancelled since they've supplied
the 15% warranty collateral. Can the bank cancel the original bond without our permission?
Thanks,
Rich
Richard Hastings
Compliance Analyst & Construction Inspector Weld County Public Works
1111 H Street, P.O. Box 758
Greeley, CO 80632
(970)304-6496 Ext. 3727
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for
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Original Message
From: Tisa Juanicorena
Sent: Monday, April 11, 2016 7:13 AM
To: Richard Hastings <rhastings@co.weld.co.us>
Cc: Esther Gesick <egesick@co.weld.co.us>
Subject: RE: Meadows Estates (PF-1079): Partial Collateral Release Request
3
Hey Rich — are they providing replacement collateral and if so in the form of what and how soon will this take place as
need to go get the Bond out of the safe box and a reso started. As I understand it the applicant requests the release.
Esther?
Tisa Juanicorena
Deputy Clerk to the Board
1150 O Street
Greeley, CO 80634
tjuanicorena@weldgov.com <mailto:tjuanicorena@weldgov.com>
tjuanicorena@co.weld.co.us
tel: 970.336.7215 X4217
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: Richard Hastings
Sent: Friday, April 08, 2016 4:30 PM
To: Esther Gesick <egesick@co.weld.co.us>
Cc: Janet Lundquist <jlundquist@co.weld.co.us>; Michelle Martin <mmartin@co.weld.co.us>; Wayne Howard
<whoward@co.weld.co.us>; Hayley Brown <hbrown@co.weld.co.us>; Frank Haug <fhaug@co.weld.co.us>; Tisa
Juanicorena <tjuanicorena@co.weld.co.us>
Subject: Meadows Estates (PF-1079): Partial Collateral Release Request
Esther,
4
Michelle and I still have a great deal of review regarding the documents mentioned in the attached letter(that I received
today -not March 18th as shown on the letter), plus new site inspections to verify the "as -built" plans. With that being
said, I just wanted to verify the exact meaning of "60 days written notice", as in, who actually provides the notice. Is it
the financial institution as shown below or could the attached letter fulfill that requirement? I just wanted to make sure
that we don't receive notification from "Lexon Insurance Co." , next month or so saying the bond has been cancelled
because the applicant had already notified Weld County. As I recall, some financial institutions in the past have taken it
upon themselves to cancel/void/release collateral, without notifying us first.
"Below from Collateral List":
Schrage Living Trust, by Theodore Schrage, Trustee
(2013-1848 <file:///\\fileserverl\CTBDocs\scans\20131848.pdf> PF#1079) Improvements Agreement
Performance Bond #1089419 from Lexon Insurance Co.
Renews Automatically Annually until Release
or 60 days written notice $189,150.00
Let me know what you think about this when you get the chance. No hurry.
Thanks,
Rich
Richard Hastings
Compliance Analyst & Construction Inspector
Weld County Public Works
1111 H Street, P.O. Box 758
Greeley, CO 80632
(970)304-6496 Ext. 3727
5
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6
Hello