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RESOLUTION
RE: APPROVE CANCELLATION AND RELEASE OF FORM OF COLLATERAL FOR
PLANNED UNIT DEVELOPMENT FINAL PLAN, PF #1035 - RED BARON
DEVELOPMENT, 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 3, 2004, the Department of Planning Services Staff approved the
application of Red Baron Development, LLC, 6900 County Road 39, Fort Lupton, Colorado 80621,
Attn: Marilyn Taylor, 7507 County Road 39, Fort Lupton, Colorado 80621, for seven (7) lots with
E (Estate) Zone uses, along with a 79.71 -acre and a 5.36 -acre agricultural lot on the following
described real estate, to wit:
E1/2 E1/2 NE1/4 of Section 4, Township 1 North; part
of the SE1/4 of Section 30 and part of the E1/2 E1/2
of Section 31, Township 2 North; all in Range 65
West of the 6th P.M., Weld County, Colorado, and
WHEREAS, on June 16, 2004, the Board of County Commissioners of Weld County,
Colorado, approved an Agreement for Improvements for County Road 39 Stabilization for Dust
Control, between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, and Red Baron Development, LLC, with terms and conditions
being as stated in said agreement, and accepted the form of an Escrow Agreement between Red
Barron Development, LLC, and Security Title Guaranty Company, 720 East Bridge Street, Brighton,
Colorado 80601, in the amount of $25,200.00, when fully funded, and
WHEREAS, staff from the Weld County Departments of Public Works and Planning
Services have conducted a visual inspection and recommend release of said collateral.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Escrow Agreement between Red Barron Estates and the Security Title
Guaranty Company, in the amount of $25,200.00 be, and hereby is, canceled and released.
BE IT FURTHER RESOLVED by the Board that the Clerk to the Board be, and hereby is,
directed to notify the appropriate issuing party of said cancellation and release.
1111111 11111 111111 111111111111 1111111II111111111111
3638601 07/27/2009 02:22P Weld County, CO
1 of 2 R 0.00 0 0.00 Steve Moreno Clerk & Recorder
2009-1526
tFL,��,�/fry)L
PL1706
07/57/0?
CANCEL COLLATERAL - RED BARON DEVELOPMENT, LLC
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 1st day of July, A.D., 2009.
BOARD OF COUNTY COMMISSIONERS
WEZ T , LORADO
ATTEST:
Weld County Clerk
BY.
Deputy Cle to the
APPRO
hty Attorney
Date of signature e
David E Long
William F. Garcia, Chair
rvg.�
Doug a adem)cher, Pro -Tern
Sean P. Conway
"'7f
11110 11111 IIII 111111 IIII 1111111 III 11111 IIII IIII
3638601 07/27/2009 02:22P Weld County, CO
2 of 2 R 0.00 D 0.00 Steve Moreno Clerk & Recorder
2009-1526
PL1706
Aker
COLORADO
MEMORANDUM
TO: Board of County Commissioners
DATE: June 25, 2009
FROM: Kim Ogle, Planning Services
APPROVED BY: Thomas E. Honn, AICP, Director of Planning Services
SUBJECT: Release of Letter — Escrow Agreement
Security Title Guaranty Company
Case number PF-1035
Marilyn Taylor, Applicant's representative
Red Baron Development LLC
Staff from the Department of Public Works conducted a field inspection in June 2009 and
determined that the property was in compliance with all transportation elements as stated in their
referral dated June 25, 2009. Planning Services inspected the site on May 8, 2009 and
determined that all non -transportation related items had been completed and were acceptable.
The Weld County Attorney, the Department of Public Works and the Department of Planning
Services, have determined that the Letter of Escrow Agreement for Red Baron Estates PUD,
from Security Title Guaranty Company
be released in full.
PC: R. Hastings, PW
D. Carroll, PW
S. Arries, CA
File: PF-1035
2009-1526
a:r4
WIWDe.COLORADO
MEMORANDUM
TO: Kim Ogle, Planning Services
DATE: 6/25/2009
FROM: Richard Hastings, Public Works Department
SUBJECT: Collateral List Update:
Red Baron Development, LLC
(PL1706 2004-3169)
Release of Collateral Status
• All Public Works related items have been completed and are found to be acceptable.
Weld County Collateral List:
Red Baron Development, LLC (PL1706 2004-3169) Road 39 Dust
Stabilization Security Title Guaranty Company
$3,600/lot X 7 lots
$ 25,200.00
Recommendation:
The Department of Public Works is recommending final release of collateral, as shown above
from the Weld County Collateral List.
M:\Rich Hastings\BOCC Agenda\Memo\Collateral List update (Red Baron Development)-MEMO.doc
Wilk
COLORADO
July 8, 2009
SECURITY TITLE GUARANTY COMPANY
720 EAST BRIDGE STREET
BRIGHTON, COLORADO 80601
CLERK TO THE BOARD
PHONE (970) 336-7215, Ext. 4225
FAX: (970) 352-0242
P. O. BOX 758
GREELEY, COLORADO 80632
RE: Cancellation and release of Collateral — Red Baron Development, LLC
To Whom It May Concern:
Attached hereto please find the Board of County Commissioners Resolution releasing the Escrow
Agreement for Red Baron Development, LLC, in the amount of $25,200.00, and the original Escrow
Agreement, issued by Security Title Guaranty Company, in the amount of $25,200.00.
If you have questions or need additional information, please do not hesitate to contact me at (970) 356-
4000, Extension 4227.
Very truly yours,
BOARD OF COUNTY COMMISSIONERS
By. j2Z6,— %ab.,
onna J. Be ler,
Deputy Clerk to the Board
WUDc.
COLORADO
July 8, 2009
RED BARON DEVELOPMENT, LLC
ATTN: MARILYN TAYLOR
7507 COUNTY ROAD 39
FORT LUPTON, COLORADO 80621
CLERK TO THE BOARD
PHONE (970) 336-7215, Ext. 4225
FAX: (970) 352-0242
P. O. BOX 758
GREELEY, COLORADO 80632
RE: Cancellation and release of Escrow Fund for Red Baron Development, LLC
Ms. Taylor:
On July 1, 2009, the Board of County Commissioners approved the cancellation and release of an
Escrow Fund, in the amount of $25,200.00 as referenced above. Enclosed is a copy of the Resolution
signed by the Board of County Commissioners. I will forward a copy of the signed and recorded
Resolution to you as soon as it has been recorded. The original Escrow Agreement for $25,200.00
has been returned to Security Title Guaranty Company, 720 E. Bridge Street, Brighton, Colorado
80601.
If you have questions or need additional information, please do not hesitate to contact me at (970) 356-
4000, Extension 4227.
Very truly yours,
BOARD OF COUNTY COMMISSIONERS
Donna J. Bhler
Deputy Clerk to the Board
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.ft:€111-ity Title Guaranty Co. r r
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720 E Bridge St
Brighton, CO 80601
Phone: (303) 659-8271
Fax: (O3) 659-88,16
ESCROW INSTRUCTIONS
Date: November 4, 2004
Order No.:
The undersigned deposit with Security Title Guaranty Co., as Escrow Agent, the items set forth in
Schedule A herein, to be held by said Escrow Agent subject to the terms and conditions hereof, and the Special
Instructions set forth in Schedule B herein.
1. The provisions as set forth in Exhibit 1 General Provisions attached hereto are by reference
incorporated into these Escrow Instructions.
2. If the deposits, as set forth in Schedule A, have not been withdrawn before 'December 31, 2005
pursuant to the Special Instructions, as set forth in Schedule B, the Escrow Agent shall deliver said deposits as
follows: (State to whom each item is to be returned in such event)
Remaining funds will be sent to Weld County for Final Disbursements
at the address stated below, and thereupon, Security Title Guaranty
responsibility under these instructions.
IN WITNESS WHEREOF, the undersigned have hereunto affixed
part of this instrument Schedules A and B hereto. attached
Escrow Fee S150 .00
Z.01 B .�ofr,l'a' Ze c
oe
4..critc- tt d' Q� t
The foregoing instrument was acknow
Witness my hand and official seal
ACCEPTED:
SECURITY TITLE GUARANTY CO.
By
ittw-
ed before,rne this day
Co. shall be relieved of all liability and
their signatures, and hereby adopt as a
40-mhtc
l./
My Comb. ARCHULETA
NOTARY PUBLIC
STATE OF COLORADO
My Commission Expires 8.22.2888
ESCRO W IN
Esci ow Instructions"
With Interest
File No. BRIGHTON
Security Tide Guaranty Co.
SCHEDULE A
(Deposits)
$3600.00 per lot sold X 7 lots = $25,200.00 maximum
/20 E Bridge St
Brighton, CO 30601
Phone: (303) 659-8271
Fax: ('303) 659-8846
SCHEDULES
Escrowed funds will be used for improvements as specified in the agreement between Red Baron Estates and
Weld County dated May 14, 2004, hereby attached.
No funds will be disbursed without prior approval olthe Weld County Board of Commisloners.
RECEIPT OF TI-fE herein documents and instructions is hereby acknowledged and accepted this
AL, er+hP. ,2004
Security Title Guaranty Co.
By:
seday of
I) The instructions may be supplemented, altered, amended, modified or revoked by writing only signed by all of
the parties hereto, and approved by the Escrow Agent, upon payment of all fees, cost and expenses incident
thereto.
2) No assignment, transfer, conveyance or hypothecation ofany right, title or interest in and t the subject matter of
this Escrow shall be binding upon the Escrow Agent unless written notice thereof shall be served upon the
Escrow Agent and all fees, cost and expenses incident thereto shall have been paid and then only upon the
Escrow Agent's assent thereto in writing.
3) Any notice required or desired to be given by the Escrow Agent to any party to this Escrow may be given by
mailing the same addressed to such party at the address given below the signature of such party or the most
recent address of such party shown on the records of the Escrow Agent, and notice so mailed shall for all
purposes hereof be as effectual as though served upon such party in person at the time of depositing such notice
in the mail.
4) The Escrow Agent may receive any payment called for hereunder after the due date thereof unless subsequent to
the date of such payment and prior to the receipt thereof the Escrow Agent shall have been instructed in writing
to refuse any such payment.
5) The Escrow Agent shall not be personally liable for any act it may do or omit to do hereunder as such agent,
while acting in good faith and in the exercise of its own best judgment, and any act done or omitted by it
pursuant to the advice of its own attorneys shall be conclusive evidence of such good faith.
6) The Escrow Agent is hereby expressly authorized to disregard any and all notices or warnings given by any of
the parties hereto, or by any other person, firm or corporation, excepting only order or process of court , and is
hereby expressly authorized to comply with and obey any and all process, orders, judgments of decrees of any
court, and in case the Escrow Agent obey or complies with any such process, order, judgment or decree of any
coot is shall not be liable to any of the parties hereto or to any other person, firm or corporation by reason of
such compliance, notwithstanding any such process, order, judgment or decree by subsequently reversed,
modified, annulled, set aside or vacated, or found to have been issued or entered without jurisdiction.
7) In consideration of the acceptance of this escrow by the Escrow Agent, the undersigned agree, jointly and
severally, for themselves, their heirs, legal representatives, successors and assigns, to pay the Escrow Agent its
charges hereunder and to indemnify and hold it harmless as to any liability by it incurred to any other person,
firm or corporation by reason of its having accepted the same, or its canying out any of the tears thereof, and to
reimburse it for all its expenses, including, among other things, counsel fees and court costs incurred in
connection herewith; and that the Escrow Agent shall have a first and prior lien upon all deposits make
hereunder to security the performance of said agreement of indemnity and payment of its charges and expenses,
hereby expressly authorizing the Escrow Agent, in the event payment is not received promptly from the
undersigned, to deduct such charges and expenses, without previous notice, from any funds deposited hereunder.
Escrow fees or charges, as distinguished from other expenses hereunder, shall be written above the Escrow
Agent's Signature at the time of the acceptance hereof.
8) Then Escrow Agent shall be under no duty or obligation to ascertain the identity, authority or rights of the
parties executing or delivering or purporting to execute or deliver these instructions or any documents or papers
or payments deposited or called for hereunder, and assumes no responsibility or liability for the validity or
sufficiency of these instructions or any documents or papers or payments deposited or called for hereunder.
9) The Escrow Agent shall not be liable for the -outlawing of any rights under any Statute of Limitations or by
reason of lathes in respect to the Instructions or any document or papers deposited.
10) In the event of any dispute between the parties hereto as to the fact of default, the validity or meaning of these
instruction or any other fact or matter relating to the transaction between the parties, the Escrow Agent is
instructed as follows:
a) That it shall be under no obligation to act, except under process or order of court, or until it has been
adequately indemnified toits fill satisfaction, and shall sustain no liability for its failure to act pending such
processor court order or idemnification: -
ESCROWIN
Escrow Instructions
With Interest
File No. BRIGHTON
EXHIBIT I
GENERAL PROVISIONS
Order No.: Error! Reference source not found.
b) That it may in its sole and absolute discretion, deposit the property described herein or so muc',h thereof as
remains in its hands with the then Clerk, or acting Clerk of the District Court, State of Colorado in whose
jurisdiction the subject property lies, and interplead the parties hereto, and upon so depositing such property
and filing its complaint in interpleader it shall be relieved of all liability under the terms hereof as'to the
property so deposited, and furthermore, the parties hereto for themselves, their heirs, legal representatives,
successors and assigns do hereby submit themselves to the jurisdiction of said court and do hereby appoint
the then Clerk, or acting Clerk of said court as their Agent for the service of all process in connection with
such proceedings. The institution of any such interpleader action shall not impair the rights of the Escrow
Agent under paragraph number 7 above.
11) If the subject matter of this escrow consist in whole or in part of funds, the same shall not be commingled by the
Escrow Agent with its own funds; provided, however, that anything contained in the Escrow Agreement of
which these General Provisions are made a part, to the contrary notwithstanding, the Escrow Agent shall NOT
BE REQUIRED TO DEPOSIT THE SAME IN ANY INTERES BEARING OR INCOME PRODUCING
ACCOUNT, AND SHALL NOT IN ANYWAY BE LIABLE TO ABY OF THE PARTIES TO THE ESCROW
AGREEMENT FOR THE PAYMENT OF INTEREST UPON SAID FUNDS FOR THE PERIOD DURING
WHICH THEY ARE HELD BY THE ESCROW AGENT unless the instruction for an interest bearing
deposit of the funds have been stated in writing and agreed to by the Escrow Agent in writing. It is
intended that the provisions hereof shall supersede any other terms, conditions, covenants or provisions
contained in the Escrow Agreement which expressly or by implication are in conflict herewith.
Initials:
ESCROWIN
Escrow Instructions
With Interest
nKW
File No. BRIGHTON
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