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RESOLUTION
RE: APPROVE CANCELLATION AND RELEASE OF COLLATERAL FOR PLANNED UNIT
DEVELOPMENT FINAL PLAN, PF #613 - CATTAIL CREEK GROUP, 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 August 18, 2004, the Board approved the application of
Cattail Creek Group, LLC, c/o George DuBard, 304 Immigrant Trail, Windsor, Colorado 80550,
for eight (8) lots with E (Estate) Zone Uses and one (1) lot with A (Agricultural) Zone Uses, along
with approximately 7.1 acres of Open Space on the following described real estate, to wit:
Lot C of Recorded Exemption #2637; being part of
the SW1/4 of Section 9, Township 6 North,
Range 66 West of the 6th P.M., Weld County,
Colorado, and
WHEREAS, on January 12, 2005, the Board of County Commissioners of Weld County,
Colorado, approved an Agreement for Improvements for County Road 70 Road Stabilization for
Dust Control, between the County of Weld, State of Colorado, by and through the Board of
County Commissioners of Weld County, and Cattail Creek Group, LLC, with terms and
conditions being as stated in said agreement, and accepted an Escrow Agreement, drawn on
the First American Heritage Title Company, 1200 West Ash, Suite B, Windsor, Colorado 80550,
in the amount of $15,336.00 when fully funded, and
WHEREAS, staff from the Weld County Departments of Public Works and Planning
Services have conducted a visual inspection and, along with the Weld County Attorney,
recommend release of said collateral.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Escrow Agreement, drawn on the First American Heritage Title
Company, in the amount of $15,336.00 when fully funded 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 return said collateral to the appropriate issuing party.
1Nil Hindi IIIIII11IMF III
11111 3661804 11/25/2009 11:104 Weld County, CO
1 of 2 R 0.00 0 0.00 Steve Moreno Clerk & Recorder
00 PL, etc!,4-60L
2009-3013
PL1628
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CANCEL COLLATERAL - CATTAIL CREEK GROUP, LLC
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 16th day of November, A.D., 2009.
ATTEST:
Weld County Clerk to th
BY
Deputy Clerk to the Boa d
Date of signature: 10 74?
David E. Long
1 111111 11111 111111 111111 11 11111 111111 III 111111// III I
3661804 11/25/2009 11:10A Weld County, CO
2 of 2 R 0.00 D 0.00 Steve Moreno Clerk & Recorder
BOARD OF COUNTY COMMISSIONERS
WEELLDCOUCOLORADO
(
William F. Garcia, Chair
Douglas Rademacher, Pro -Tern
te
Sean P. Conway
EXCUSED
Barbara Kirkmeyer
EXCUSED
2009-3013
PL1628
r
COLORADO
MEMORANDUM
TO: Board of County Commissioners
DATE: November 9, 2009
FROM: Kim Ogle, Planning Servicesc".
SUBJECT: Cattail Creek Group, LLC
County Road 70 Stabilization
PF-613
Escrow Agreement
Staff from the Department of Public Works conducted a field inspection in October 2009 and
determined that compliance with all transportation elements as stated in their referral dated
November 4, 2009 was completed and found to be acceptable.
The Weld County Attorney and the Department of Public Works have determined that Escrow
Agreement from First American Heritage Title Company be released in full.
Cattail Creek Group, LLC (#2005-0164 PL1628) PUD PF#613
Road 70 Stabilization - Escrow Agreement - First American
Heritage Title Company - when fully funded
Expires upon completion and payment to County
C_
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C
ri
$15,336.00
LS 4_ V 9 -MN
2009-3013
041z
WIWDC.
COLORADO
MEMORANDUM
TO: Kim Ogle, Planning Services
DATE: 11/04/2009
FROM: Richard Hastings, Public Works Department
SUBJECT: Collateral List Update:
Cattail Creek Group, LLC
(#2005-0164; PL1628) PUD PF#613
Release of Collateral Status
• All Public Works related items have been completed and are found to be acceptable.
Weld County Collateral List:
Cattail Creek Group, LLC (#2005-0164; PL1628) PUD PF#613
Road 70 Stabilization - Escrow Agreement - First American
Heritage Title Company - when fully funded
Expires upon completion and payment to County
$15,336.00
Recommendation:
The Department of Public Works is recommending final release of collateral, as shown above
from the Weld County Collateral List.
Any non -Public Works -related items should be verified by Planning Services prior to collateral
release.
MARich Hastings\BOCC Agenda\Memo\Collateral List update (Cattail Creek PF-613)Road
Stabilization-MEMO.docx
pet :11?
COLORADO
November 18, 2009
CATTAIL CREEK GROUP, LLC
C/O GEORGE DUBARD
304 IMMIGRANT TRAIL
WINDSOR CO 80550
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 Cattail Creek Group, LLC
To Whom it may Concern;
On November 16, 2009, the Board of County Commissioners approved the cancellation and
release of an Escrow Fund, in the amount of $15,336.00 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 Letter
confirming the Escrow Fund was established for $15,336.00 has been returned to First
American Heritage Title Company.
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
By21(.4 ZIAL
onna J. Be ler
Deputy Clerk to the Board
Donna Bechler
From:
Sent:
To:
Subject:
Thanks Rich,
Donna Bechler
Monday, November 09, 2009 12:54 PM
Richard Hastings
RE: Cattail Creek
I will just send it to the old address then, and add it to their file as undeliverable.
Thanks for getting back to me on that.
Original Message
From: Richard Hastings
Sent: Monday, November 09, 2009 12:52 PM
To: Donna Bechler; Kim Ogle; Donald Carroll
Cc: Stephanie Arries
Subject: RE: Cattail Creek
Donna,
I believe Stephanie was unable to locate the developers, as they have either become bankrupt
or skipped town, or both. I know of no current address for the developers.
Rich
Original Message
From: Donna Bechler
Sent: Monday, November 09, 2009 12:40 PM
To: Richard Hastings; Kim Ogle; Donald Carroll
Subject: Cattail Creek
Hi guys,
We are releasing collateral for Cattail Creek on Monday. Do any of you have a current
address for them? When I sent out the letters to the banks and developers in July, I got
their letter back as undeliverable. If you have a current address, could you e-mail it to me
(or, if you have a phone number, I could give them a call and get the information that way).
Thanks,
Donna
1
:vt:
Wilk
COLORADO
November 18, 2009
ATTN: THERASA MYERS
FIRST AMERICAN HERITAGE TITLE COMPANY
4532 MCMURRY AVENUE UNIT 210
FORT COLLINS, COLORADO 80525-8022
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 — Cattail Creek, Group, LLC
Ms. Myers:
Attached hereto please find the Board of County Commissioners Resolution releasing the
Escrow Fund for Cattail Creek Group, LLC, in the amount of $15,336.00, and the original Letter
confirming an Escrow Fund was established, issued by First American Heritage Title Company,
in the amount of $15,336.00.
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
Deputy Clerk to the Board
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nnac ler,
Unisyn Capital Corp - Colorado - Windsor - (970) 686-7800 > 411.info
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ESCROW AGREEMENT
ti
ESCROW AGREEMENT, made and entered into on this3/5 f day of
boo,• bt , 200V By and between First American Heritage Title Company, 1200
W. Ash, Suite B; Windsor, CO 80550 (Escrow Agent) and Cattail Creek Group, LLC as
Developer(Company).
Deposit Procedure:
The Escrow Agent shall maintain an appropriate segregated Interest Bearing account
(Escrow Account) designated as Cattail Creek Account by First American Heritage Title,
Account Number, . The proportional costs of Stabilization for the Road
attributable to the traffic generated by the lots in the Development using the Road, is
estimated to be $1,704.00 per lot accessing the Road. Total lots accessing the Road for
the Cattail Creek Subdivision will equal 9 lots. First American Heritage Title will receive
a check in the amount of $1,704.00 for each lot sold and which will be held in the
account for Cattail Creek Account on Weld County Road 70 by Escrow Agent. Total
cash in escrow when fully funded is $15,336.00.
The Escrow Agent guarantees that the escrowed funds will be disbursed according to the
terms of the AGREEMENT FOR IMPROVEMENTS FOR WCR 70 ROAD
STABILIZATION FOR DUST CONTROL (a copy of which is attached hereto as
Exhibit A). First American Heritage Title Company will not release any portion of the
funds without prior written approval of the Weld County Board of County
Commissioners.
Term:
The term of this Agreement shall be from the date first written above to the completion of
Stabilizing the Road and final accounting by County and payment of all land
development charges by the Developer of the 9 lots accessing the Road or FIVE years if
WCR 70 is not stabilized.
Books and Records:
The Escrow Agent shall maintain accurate records of all transactions hereunder. Promptly
upon the termination of escrow, or as may reasonably be requested by the Company prior
thereto, the Escrow Agent shall provide the Company with a complete copy of such
records, certified by the Escrow Agent to be a complete and accurate account of all such
transactions. The authorized representatives of the Company shall also have access to
such books and records at all reasonable times during normal business hours upon
reasonable notice to the Escrow Agent.
AIM 1111111111111111III! 111111 111111III 111111111111
3256526 01/26/2005 04:28P Weld County, CO
1 of 4 R 0.00 D 0.00 Steve Moreno Clerk & Recorder
in2INs --! //,4 0L
General Provisions:
A. This Agreement expressly sets forth all the duties of the Escrow Agent with
respect to any and all matters pertinent hereto.
B. The Escrow Agent shall not be liable, except for it's own negligence or willful
misconduct and, except with respect to claims based upon such negligence or
willful misconduct that are successfully asserted against the Escrow Agent. The
Company shall indemnify and hold harmless the Escrow Agent (and any
successor Escrow Agent) from and against any and all losses, liabilities, claims,
actions, damages and expenses, including reasonable attorneys' fees and
disbursements, arising out of and in connection with this Agreement.
C. The Escrow Agent shall be entitled to rely upon any order, judgment,
certification, demand, notice, instrument or other writing delivered to it hereunder
without being required to determine the authenticity or the correctness of any fact
stated therein or the propriety or validity of the service thereof. The Escrow
Agent may act in reliance upon any instrument or signature believed by it to be
genuine and may assume that any person purporting to give notice or advice, or
to accept and acknowledge receipt, or to make any statement or execute any
documents in connection with the provisions of this Agreement has been duly
authorized to do so.
D. In the event that the Escrow Agent shall be uncertain as to its duties arising under
this Agreement or shall receive instructions from the Company as to the funds
held in the Escrow Account that, in its opinion, are inconsistent with each other
or are in any conflict with any of the provisions of this Agreement, the Escrow
Agent shall be authorized to hold any and all proceeds received by it, together
with any other amounts that shall accrue to or be deposited in the Escrow
Account pending the settlement of any such controversy by final adjudication of
a court of competent jurisdiction or the Escrow Agent may at its option, deposit
such funds with the clerk of a court of competent jurisdiction, in an appropriate
proceeding to which all parties in interest are duly joined.
E. The Escrow Agent (and any successor Escrow Agent) may at any time resign as
such by delivering all amounts held in the Escrow Account to any successor
Escrow Agent designated by the Company in writing, or to any court of
competent jurisdiction, whereupon the Escrow Agent shall be discharged of and
from any and all further obligations arising in connection with this Agreement.
The resignation of the Escrow Agent will take effect (i) upon the appoint of a
successor (including a court of competent jurisdiction) or (ii) thirty (30) days
after the date of delivery of its written notice of resignation to the Company,
whichever first occurs. If at such time the Escrow Agent has not received a
written designation of a successor escrow agent, the Escrow Agent's sole
responsibility hereafter shall be to safekeep the funds held in the Escrow Account
11111111111111111111 I III 1111E 111 111 IIII III I
3256526 01126/2005
2 of 4 R 0.00 D 0.00 Steve Moreno Clerk & Recorder
until receipt by it of a written designation by the Company or a successor escrow
agent of a final order of a court of competent jurisdiction.
F. The parties hereto irrevocable submit to the jurisdiction of any Colorado state
court or federal court sitting in Colorado in any action or proceeding arising out
of or relating to this Agreement, and the parties hereby irrevocably agree that all
claims in respect of such action or proceeding shall be heard and determined in
such state or federal court. The parties to this Agreement hereby consent to and
grant to any such court jurisdiction over the persons of such parties and over the
subject matter of any such dispute and agree that delivery or mailing of any
process, instrument or other paper in connection with any such action or
proceeding in the manner provided in this Agreement, or in such other manner as
may be permitted by law, shall be valid and sufficient service of such process,
instrument or other paper.
G. This Agreement shall be binging upon and inure solely to the benefit of the
parties hereto and their respective successors and assigns, and shall not be
enforceable by or inure to the benefit or any third party. Except as provided
herein with respect to a resignation by Escrow Agent, no party hereto may assign
any of its rights or obligations under this Agreement without the prior written
consent of the other parties hereto.
BINDING:
This agreement shall be binding on the heirs, successors and assigns of the parties.
IN WITNESS WHEREOF the parties hereto have signed this Agreement this 3/5 f
day ofioc Gal ,20Or{
STATE OF COLORADO
COUNTY OF
he foregoing instrument was acknowledged before me this
arA& , 20 0 c/ by 4/ylin # JXc a& 4 dnm--.
,n p,,-3 /a, !C-" of Cattail Creek Group, LL
My Commission expires:
(Witness my hand and official sealC>
Notary Public
`day of
as
WELD COUNTY
1111111 11111 11111 DIM IIIIII HMO III IIIII IIII IIII
3256526 01/26/2005 04:28P Weld County, CO
3 of 4 R 0.00 D 0.00 Steve Moreno Clerk & Recorder
ATTEST:
_WELD COUNTY CLERK
BY: 7/
DEPUTY
STATE OF COLORADO
COUNTY OF WELD
BY: LL �O`vco
William H. Jerke, Chair
Board of Weld County Commissioners
The foregoing instrument was acknowledged before me this day of
,20 by
My Commission expires:
Witness my hand and official seal
Notary Public
ESCROW AGENT
/`
BY; t0. 0✓
Print Name and Title
I 111 11111 11111 11111 111111 111111I I111111 111111
3256526 01/26/2005 04:28P Weld County, CO
4 of 4 R 0.00 0 0.00 Steve Moreno Clerk & Recorder
1/12/2005
ao' - D/l 1
COLORADO
November 18, 2009
CATTAIL CREEK GROUP, LLC
CIO GEORGE DUBARD
304 IMMIGRANT TRAIL
WINDSOR CO 80550
RE: Cancellation and release of Escro
To Whom it may Concern;
On November 16, 2009, the Board of C
release of an Escrow Fund, in the amou
copy of the Resolution signed by the Boa
the signed and recorded Resolution to yo
confirming the Escrow Fund was estt.
American Heritage Title Company.
If you have questions or need additiona
(970) 356-4000, Extension 4227.
Very truly yours,
BOARD OF COUNTY COMMISSIONER:
By:/ //.itzt
onna J. Be ler
Deputy Clerk to the Board
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