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RESOLUTION
RE: APPROVE AGREEMENT REGARDING WELD COUNTY ROAD 51/BURLINGTON
NORTHERN AND SANTA FE RAILWAY CROSSING AND AUTHORIZE CHAIR TO
SIGN - ROCKY MOUNTAIN ENERGY CENTER, 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, the Board has been presented with a Agreement regarding the Weld
County Road 51/Burlington Northern and Santa Fe Railway Crossing between the County of
Weld, State of Colorado, by and through the Board of County Commissioners of Weld County,
and Rocky Mountain Energy Center, LLC, with terms and conditions being as stated in said
agreement, and
WHEREAS, after review, the Board deems it advisable to approve said agreement, a
copy of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the Agreement regarding the Weld County Road 51/Burlington
Northern and Santa Fe Railway Crossing between the County of Weld, State of Colorado, by
and through the Board of County Commissioners of Weld County, and Rocky Mountain Energy
Center, LLC, be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 21st day of August, A.D., 2002.
BOARD OF COUNTY COMMISSIONERS
1 WELD COUNT COLORADO
ATTEST: 1 / �D '� La aat , Chair
A 7Kat6q' Gle aad, Chair
Weld County Clerk tot a:o. •`v• `�
r1861� 'V C.A4
�.' D id . o , o-Tem
BY:
Deputy Clerk to the Z &Zs.'
U � � M. J. Geile ��..��
APPR D AS •
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olLat
Iliam H. Jerk
icounty Attorne
R bert D. Ma den
Date of signature: ,28
2002-2285
; On, Peel, �,[� -tr/ PL1582
•
Rocky Mountain Energy Center, LLC
345 26 West Dry Creek Circle, Suite 600
Littleton, Colorado 80120
August 13, 2002
Board of County Commissioners of Weld County
915 10`h Street
Greeley, Colorado 80632
Re: Agreement Regarding Weld County Road 51/Burlington
Northern & Santa Fe Railway Grade Crossing
Ladies and Gentlemen:
This letter agreement ("Letter Agreement") is by and between Rocky Mountain
Energy Center, LLC ("RMEC") and the County of Weld, State of Colorado ("Weld
County"), and shall address RMEC's reimbursement of Weld County's costs of
constructing certain improvements at the existing Weld County Road 51 at-grade
crossing of the Burlington Northern and Santa Fe Railway tracks and right of way at
Milepost 509.1 on the Brush Subdivision, east of the town of Hudson, Colorado (the
"Crossing").
By Resolution adopted February 6, 2002, Weld County, acting through its Board
of County Commissioners, granted RMEC's application for a Site Specific
Development Plan and Use by Special Review Permit #1339 for the construction and
operation of an electric power generation facility (the "Project"), to be located in
Section 31, Township 2 North, Range 64 West, 6`h P.M, near the Crossing. The
Crossing is currently protected by crossbucks and stop signs. The construction of the
Project will contribute to increased roadway traffic at the Crossing.
Weld County has determined that the increased roadway traffic at the Crossing
requires the construction of flashing light signals and gates at the Crossing (the
"Crossing Improvements"). By Resolution adopted March 13, 2002, Weld County,
acting through its Board of County Commissioners, approved the execution and
submission of an Application to Construct Crossing Signals and Gates at the Existing
Grade Crossing of Weld County Road 51 and The Burlington Northern and Santa Fe
Railway Company from the County of Weld, State of Colorado, on behalf of the
Department of Public Works, to the Colorado Public Utilities Commission
("Application"). Exhibit C to the Application provides an Engineer's Estimate of
Construction Cost for the Crossing Improvements totaling $169,500.
Weld County and The Burlington Northern and Santa Fe Railway Company
("Burlington Northern") plan to enter into a Construction and Maintenance Agreement
wherein Burlington Northern agrees to complete the Crossing Improvements and Weld
County agrees to reimburse Burlington Northern for costs incurred for the construction
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2985345 09/06/2002 11:36A Weld County, CO
1 0l 3 R 0.00 D 0.00 J.A. "Saki" Tsukamoto L'C A'Nere ?It; Pi- Apo _P.s2a.5
Board of County Commissioners of Weld County
August 13, 2002
Page 2
of the Crossing Improvements. Exhibit B to the proposed Construction and
Maintenance Agreement provides a construction cost estimate of $169,500
("Construction Cost Estimate").
In consideration of Weld County's reimbursement of Burlington Northern for
construction of the Crossing Improvements in accordance with the Construction and
Maintenance Agreement, RMEC hereby agrees to pay the actual costs incurred by Weld
County in connection with Burlington Northern's construction of the Crossing
Improvements. Weld County hereby agrees that in the event the actual costs incurred
are less than the Construction Cost Estimate, Weld County will reimburse RMEC the
difference between the actual costs incurred and the Construction Cost Estimate.
RMEC shall have the right to review and reasonably approve in advance costs to be
incurred in excess of the Construction Cost Estimate.
Within seven (7) days after Weld County's issuance of the Notice to Proceed to
Burlington Northern, RMEC shall deposit collateral in a form acceptable to Weld
County in an amount equal to One-Hundred percent (100%) of the value of the
estimated construction costs in an account held by a Federal or State licensed financial
institution as escrow agent ("Issuer"). RMEC shall instruct Issuer to release funds upon
Weld County's submission to Issuer of Burlington Northern's progress billings.
RMEC shall have the right to inspect all books and records of Weld County and
Burlington Northern relating to the Crossing Improvements, except records and work
product defined in Colo. Rev. Stat. §§24-72-202(6)(b), (6.5)(2001), which are excluded
from public inspection. RMEC shall not be responsible for any ongoing operations,
maintenance or future improvement costs associated with the Crossing Improvements.
This Letter Agreement shall not be assigned by either party without the prior
written consent of the non-assigning party, which consent shall not be unreasonably
withheld. Notwithstanding the foregoing, for the purpose of financing the Project,
RMEC may assign to, or create a security interest in favor of, any lender or other
financing party in RMEC's rights and interests in, under or pursuant to this Letter
Agreement. The County hereby agrees to execute a consent to such assignment
acknowledging the right of the lender, financing party, or their assignees to perform the
obligations of RMEC under this Letter Agreement in the exercise of remedies under the
financing documents, and containing such other provisions as may be reasonably
requested by the lender or other financing party.
This Letter Agreement contains the entire agreement between the parties and
supercedes any other agreements concerning the subject matter hereof, whether oral or
written. No modification, amendment, novation, renewal, or other alteration of or to
this Letter Agreement shall be deemed valid unless mutually agreed upon in writing by
1111111 11111 1111111 11111111111111111111 11111 IIII IIII
2985345 09/06/2002 11:36A Weld County, CO
2 of 3 R 0.00 D 0.00 J.A. "Suki" Tsukamoto
Board of County Commissioners of Weld County
August 13, 2002
Page 3
RMEC and Weld County. Any consent to, or waiver of, a breach of any provision of
this Letter Agreement by either party, whether express or implied, shall not constitute a
consent to, or waiver of, any different or subsequent breach.
This Letter Agreement shall be effective as of the date hereof and shall remain in
effect until Burlington Northern completes construction of the Crossing Improvements.
This Letter Agreement may be executed in any number of counterparts, and may contain
facsimile signatures, each of which shall be deemed an original, and all of which taken
together shall constitute one and the same letter.
If the foregoing is acceptable to Weld County, please signify by signing and
returning one original of this Letter Agreement to RMEC.
Sincerely,
Rocky Mountain Energy Center, LLC
A Delaware limited liability company
By: (It _,-L— -
Name: Robert L. Lamkin
Title: Vice President
ATTEST: ACCEPTED AND AGREED TO THIS
_21st DAY OF AUGUST 2002:
Weld County Clerk to t':o Board of County Commissioners
186 Weld County, Colorado
r �1
F9e. A /142
Deputy Clerk to the Boars GlennVaad, Chair (08/21/2002)
cc: Ms. Monica Daniels-Mika (Department of Planning Services)
Mr. Frank Hempen (Department of Public Works)
2925767_5.DOC
I IIIIII 11111111111 III I\4\)\I)9I\III VIII II\\III\
2985345 09/06/2002
3 of 3 R 0.00 0 0.00 J.R. Suki Tsukamoto
HOLLAND & HART LLP
ATTORNEYS AT LAW
DENVER•ASPEN SUITE 3200 TELEPHONE(303)295-8000
BOULDER•COLORADO SPRINGS 555 SEVENTEENTH STREET FACSIMILE(303)295-8261
DENVER TECH CENTER DENVER,COLORADO 80202-3979 www.hollandharl.com
BILUNGS•BOISE MAILING ADDRESS Elizabeth A. Mitchell
CHEYENNE•JACKSON HOLE P.O.BOX 8749 (303) 295-8257
SALT LAKE CITY•SANTA FE DENVER,COLORADO 80201-8749 emitchell@holla nd hart com
WASHINGTON,D.C. August 14, 2002 '� f MENOCE
VIA OVERNIGHT DELIVERY D "
Lee D. Morrison Esq. AUG 1 5 2002
Weld County Attorney's Office
915 10th Street WELD COUNTY
Greeley, CO 80632 ATTORNEY'S OFFICE
Re: Rocky Mountain Energy Center, LLC - Use by Special
Review Permit No. 1339
Dear Lee:
I enclose for approval and execution by Weld County three sets of the
following Agreements:
1. Agreement regarding Weld County Road 51/Burlington Northern
& Santa Fe Railway Grade Crossing;
2. County of Weld, State of Colorado Road Maintenance Agreement
(Weld County Road 51, north of U.S. Highway 34);
3. County of Weld, State of Colorado Road Maintenance Agreement
(Weld County Road 51, south of I-76 frontage road and north of
Colorado Highway 52; and
4. Improvements Agreement (Public Road Improvements).
Once the Agreements have been approved and executed by Weld County,
I would appreciate it if you would return two sets of the executed Agreements
to me. Thank you for your assistance in negotiating and finalizing these
Agreements during the past few months.
Sincerely,
(' J 1i�
Eliz be.; A. Mitche i
fo ?Band & Hart LLP
EAM:jj �J
Enclosures
cc: David D. Perkins (w/enclosures)
2975734_I.DOC
2002-2285
ESCROW AGREEMENT
This Escrow Agreement(the"Agreement")is among Rocky Mountain Energy Center, LLC and
Board of County Commissioners of Weld County (the"Parties")and Wells Fargo Bank West,
National Association(the"Escrow Agent").
Recitals
WHEREAS the Parties agree to place in escrow certain funds,securities,documents,and/or other property
and the Escrow Agent agrees to hold and distribute such funds, securities, documents,and/or other property
in accordance with the instructions of the Parties,the Escrow Agent and the Parties make this agreement as
follows:
Article 1: Directions
1.01 Escrowed Property:
The Parties will deposit with the Escrow Agent the property described in Schedule A(the "Escrowed
Property"), attached hereto and incorporated herein by reference.
1.02 Instructions:
The Escrow Agent shall hold, invest, if applicable, and disburse the Escrowed Property pursuant to
the instructions set forth in Schedule B, attached hereto and, except as provided in section 3.02,
incorporated herein by reference.
1.03 Assignment of Interest:
The assignment, transfer, conveyance, or hypothecation of any right, title, or interest in and to the
subject matter of this Agreement (referred to under this Section 1.03 as "Assignment") shall be
binding upon the Escrow Agent upon delivery of notice to the Escrow Agent of the Assignment and
payment to the Escrow Agent of all of its fees, in connection with the Assignment, provided the
Escrow Agent has given its written assent to the Assignment.
Article 2: Compensation of the Escrow Agent
The Parties agree,jointly and severally,to pay the Escrow Agent:
a. Its fees,charges, and expenses for all services rendered by it under this Agreement;and
b. Reasonable compensation for services rendered in connection with this Agreement but not expressly
provided for herein and reimbursement for those expenses incurred by the Escrow Agent in rendering such
services, including, but not limited to Court costs and attorney's fees incurred as a result of any dispute
arising out of the Agreement.
The Escrow Agent shall have a first and prior lien upon the Escrowed Property to secure the payments
described under paragraphs a. and b. of this Article 2. If any such payment is not timely received by the
Escrow Agent,the Parties authorize the Escrow Agent to deduct such payment from the Escrowed Property.
All such payments due by not paid within 30 days shall accrue interest at the rate of 19 percent per annum.
Article 3: Provisions Concerning Escrow Agent
3.01 Authority of Parties:
The Escrow Agent shall be under no duty or obligation to ascertain the identity, authority, and/or
rights of the Parties or their agents.
3.02 Other Agreements:
The Escrow Agent shall not be a party to, or bound by, any agreement between the Parties other
than this Agreement whether or not a copy and/or original of such agreement is held as Escrowed
Property; and, the Escrow Agent shall have no duty to know or inquire as to the performance or
nonperformance of any provision of any such agreement between the Parties.
3.03 Deposited Instruments and/or Funds:
The Escrow Agent assumes no responsibility for the validity or sufficiency of any instrument held as
Escrowed Property, except as expressly and specifically set forth in this Agreement.
3.04 Late Payments or Performance:
The Escrow Agent may accept any payment or performance required under this Agreement after
the date such payment or performance is due, unless subsequent to such date, but prior to the actual
date of payment or performance, the Escrow Agent is instructed in writing by the Parties not to
accept such payment or performance.
3.05 Escheat:
The Parties are aware that under Colorado law, Escrowed Property which is presumed abandoned
may escheat to the State. The Escrow Agent shall have no liability to the Parties, their respective
heirs, legal representatives, successors, and assigns, should any or all of the Escrowed Property
become escheatable or escheat by operation of law.
3.06 Non-Liability:
The Escrow Agent shall not be liable for any act or omission while acting in good faith and in the
exercise of its own best judgment. The Escrow Agent shall have the right to consult with counsel at
the expense of the Parties whenever any question arises concerning the Agreement and shall incur no
liability for any delay reasonably required to obtain such advice of counsel. The Escrow Agent shall
not be liable for the alteration, modification or elimination of any right permitted or given under the
instructions set forth in Schedule B an/or in any document deposited under the Agreement pursuant to
any Statute of Limitations or by reason of laches. The Escrow Agent shall have no further
responsibility or liability whatsoever to any or all of the Parties following a partial or complete
distribution of the Escrowed property pursuant to this Agreement. The Escrow Agent shall not incur
any liability with respect to any act or omission in reliance upon any document, including any written
notice or instruction provided for in the Escrow Agreement. In performing its obligations hereunder,
the Escrow Agent shall be entitled to presume, without inquiry, the due execution, validity and
effectiveness of all documents it receives, and also the truth and accuracy of any information
contained therein. The Escrow Agent shall not be responsible or liable for any diminution of
principal of the Escrowed Property or any interest penalty,whatsoever,for any reason.
3.07 Indemnification:
The Parties agree, jointly and severally, to indemnify and hold harmless the Escrow Agent from
any liability, cost, or expense whatsoever, including, but not limited to, attorney's fees incurred by
reason of accepting the Agreement and/or Escrowed Property.
3.08 Disagreements:
If any disagreement or dispute arises between the Parties to this Agreement concerning the
meaning or validity of any provision hereunder or concerning any other matter relating to this
Agreement,the Escrow Agent:
2
a. Shall be under no obligation to act, except under process or order of court, or until it has been
adequately indemnified to its full satisfaction, and shall sustain no liability for its failure to act
pending such process,court order or indemnification;and
b. May, in its sole and absolute discretion, interplead the Escrowed Property or that portion of
Escrowed Property it then holds with the District Court of the City and County of Denver, State of
Colorado, and name the Parties in such interpleader action. Upon filing the interpleader action, the
Escrow Agent shall be relieved of all liability as to the Escrowed Property and shall be entitled to
recover from the Parties its reasonable attorneys' fees and other costs incurred in commencing and
maintaining such action. The Parties by signing this Agreement submit themselves to the jurisdiction
of such court and do appoint the Clerk of such Court as their agent for the service of all process in
connection with such proceedings. In no event shall the institution of such interpleader action impair
the rights of the Escrow Agent described in Section 3.06 of this Article.
Article 4: General Terms and Conditions
4.01 Extension of Benefits:
This agreement shall be binding upon, inure to the benefit of, and be enforceable by, the respective
heirs,legal representatives,successors,and assigns of all of the Parties and the Escrow Agent.
4.02 Governing Law:
This Agreement shall be construed and enforced in accordance with the laws of the State of
Colorado.
4.03 Notices:
All notices, requests, demands, and other communications required under this Agreement shall be
in writing and shall be deemed to have been duly given if delivered personally or by certified mail,
return receipt requested, and postage prepaid. If any notice is mailed, it shall be deemed given on
the date such notice is deposited in the United States mail. If any notice is personally delivered, it
shall be deemed given upon the date of such delivery. If notice is given to a party, it shall be
mailed or delivered to the addresses set forth below the signature blocks. It shall be the
responsibility of the Parties to notify the Escrow Agent in writing of any name or address changes.
4.04 Entire Agreement:
This Agreement sets forth the entire agreement and understanding of the Parties hereto.
4.05 Amendment:
This Agreement may be amended, modified, superseded, rescinded, or canceled only by a written
instrument executed by the Parties and the Escrow Agent.
4.06 Waivers:
The failure on any party to the Agreement at any time or times to require performance of any
provision under this Agreement shall in no manner affect the right at a later time to enforce the same
performance. A waiver by any party to the Agreement of any such condition or breach of any term,
covenant,representation, or warranty contained in this Agreement, in any one or more instances, shall
neither be construed as a further or continuing waiver of any such condition or breach nor a waiver of
any other condition or breach of any other term, covenant, representation, or warranty contained in
this Agreement.
4.07 Headings:
Section headings of this Agreement have been inserted for convenience of reference only and shall
in no way restrict or otherwise modify any of the terms or provisions of this Agreement.
3
4.08 Counterparts:
This Ageement may be executed in one or more counterparts, each of which when executed shall
be deemed to be an original, and such counterparts shall together constitute one and the same
instrument
4.09 Resignation or Removal of Escrow Agent:
The Escrow Agent may resign at any time by furnishing written notice of its resignation to the
Parties. The Parties may remove the Escrow Agent at any time by furnishing to the Escrow Agent
a written notice of its removal. Such resignation or removal, as the case may be, shall be effective
upon delivery of such notice.
IN WITNESS WHEREOF, the Parties to this Agreement have each caused this Agreement to be duly
executed on this day of 20
CorporateMame:Rocky Mountain Energy Center Corporate Name: Board of County Commissioners
By: By:
Title: Roa Lamkin,Vice President Title:
Address:4160 Dublin Blvd.,Dublin,CA 94568 Address:915 10tStreet,PO 758,Greeley CO 80632
Telephone: (720)283-4155 Telephone:
Tax I.D.No. 77-05474590 Tax I.D.No.84-6000813
The Escrow Agent, by affixing its signature below, hereby acknowledges receipt of the Escrowed Property
described in Schedule A and agrees to hold, administer, and dispose of the Escrowed Property in accordance
with the terms, conditions, and instructions of this Agreement and any amendments thereto, including those
set forth in Schedule B and Exhibits 1 and 2.
Wells Fargo Bank West,National Association
Escrow Agent
Corporate Trust and Escrow Services
MAC C7301-024
1740 Broadway
Denver, Colorado 80274
Phone: (303)863-6247 FAX:(303)863-5645
Date: By:
Account No. Title:
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.SEP 06 2002 3: 42PM HP LASERJET 3200 P• 6
SCHEDULE A
TO
ESCROW AGREEMENT #
dated August _, 2002
by and between
Wells Fargo Bank West, National Association,
Rocky Mountain Energy Center, LLC,
and the Board of County Commissioners of Weld County, Colorado
The Escrowed Property shall consist of:
1. Cash or other good funds in the amount of'$169,500.00 to be deposited with the
Escrow Agent by RMEC no later than August 30, 2002.
..SEP be 2002 3: 42PM HP LASERJET 3200 P• 7
SCHEDULE B
TO
ESCROW AGREEMENT #
dated August _, 2002
by and between
Wells Fargo Bank West, National Association,
Rocky Mountain Energy Center, LLC,
and the Board of County Commissioners of Weld County, Colorado
The Escrow Agent is instructed to disburse the Escrowed Property as follows:
1. Upon receipt of a Disbursement Certificate in the form of Exhibit 1 hereto,
executed by an authorized representative of the Board of County Commissioners of
Weld County, Colorado ("Board"), disburse the Progress Billing Amount, as set forth
in such Certificate, to the Board via wire transfer to:
Wells Fargo Bank West, National Association
Weld County Treasury Collections Clearing Account
Account # 4428004375
ABA # 102000076
2. Upon receipt of a Disbursement Certificate in the form of Exhibit 2 hereto,
executed by an authorized representative of the Board, disburse the balance of the
Escrowed Property, including any interest earned thereon, to Rocky Mountain Energy
Center, LLC via bank check mailed to:
Rocky Mountain Energy Center, LLC
% Calpine Corporation
P.O. Box 11749
Pleasanton, California 94588-1749
Attn: Asset Optimization
3. On the first business day of December, March, June and September, disburse the
amount of all interest accrued and unpaid on the Escrowed Property to Rocky Mountain
Energy Center, LLC via bank check mailed to the address set forth in paragraph 2,
above.
.SEP 06 2002 3: 42PM HP LASERJET 3200 P. 8
EXHIBIT 1
DISBURSEMENT CERTIFICATE
Wells Fargo Bank West, N.A.
Escrow Agent
Corporate Trust and Escrow Services
MAC C7301-024
1740 Broadway
Denver, Colorado 80247
RE: Escrow Agreement # dated August , 2002
The Board of County Commissioners of Weld County, Colorado ("Board"),
acting by and through their authorized representative as identified below, hereby
certifies to Wells Fargo Bank West, N.A. ("Escrow Agent") and to Rocky Mountain
Energy Center, LLC ("RMEC"), as follows:
1. Attached hereto is a progress billing dated , 200_ ("Progress
Billing") received by the Board from The Burlington Northern and Santa Fe Railway
Company ("Burlington Northern") on account of costs incurred by Burlington
Northern in connection with the construction of flashing light signals and gates at the
crossing of Weld County Road 51 and Burlington Northern's tracks and right of way at
Milepost 509.1 on the Brush Subdivision, east of the Town of Hudson, Colorado.
2. The amount owed to Burlington Northern on account of such Progress
Billing is $ ("Progress Billing Amount"), and the Board is entitled,
pursuant to the terms of that certain letter agreement dated August 13, 2002 by and
between the Board and RMEC, to have such amount disbursed to it by the Escrow
Agent from the Escrowed Property.
3. The Board requests the Escrow Agent to disburse to it from the Escrowed
Property an amount equal to the Progress Billing Amount in the form of a wire transfer
to: Wells Fargo Bank West, National Association, Weld County Treasury Collections
Clearing Account, Account it 4428004375, ABA # 102000076.
Dated: , 200_
Board of County Commissioners
Weld County, Colorado
By:
Name:
Title:
' SEP Os 2002 3: 42PM HP LASERJET 3200 P• 9
EXHIBIT 2
DISBURSEMENT CERTIFICATE
Wells Fargo Bank West,N.A.
Escrow Agent
Corporate Trust and Escrow Services
MAC C7301-024
1740 Broadway
Denver, Colorado 80247
RE: Escrow Agreement # dated August_, 2002
The Board of County Commissioners of Weld County, Colorado ("Board"),
acting by and through their authorized representative as identified below, hereby
certifies to Wells Fargo Bank West, N.A. ("Escrow Agent") and to Rocky Mountain
Energy Center, LLC ("RMEC"), as follows:
1. The Burlington Northern and Santa Fe Railway Company ("Burlington
Northern") has completed the construction of flashing light signals and gates at the
crossing of Weld County Road 51 and Burlington Northern's tracks and right of way at
Milepost 509.1 on the Brush Subdivision, east of the Town of Hudson, Colorado, and
the Board has received the final progress billing from Burlington Northern in
connection with such construction. The Board has received a disbursement from the
Escrowed Property by the Escrow Agent in the amount of such final progress billing,
and such final progress billing has been paid.
2. Pursuant to the terms of that certain letter agreement dated August 13,
2002 by and between the Board and RMEC, any remaining balance of the Escrowed
Property following the disbursement to pay the final progress billing is to be disbursed
to RMEC.
3. The Board requests the Escrow Agent to disburse the entire remaining
balance of the Escrowed Property (including earned interest) to RMEC in accordance
with transfer instructions provided to the Escrow Agent by RMEC.
Dated: , 200_
Board of County Commissioners
Weld County, Colorado
By:
Name:
Title:
Hello