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RESOLUTION
RE: APPROVE CANCELLATION AND RELEASE OF COLLATERAL FOR PLANNED UNIT
DEVELOPMENT (PUD) 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, by Resolution dated June 3, 2004, the Department of Planning Services
approved the application of Red Baron Development,LLC,6900 Weld County Road 39,Fort Lupton,
Colorado 80621,for a Planned Unit Development Final Plan, PF#1035,for seven lots with 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 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 6th P.M., Weld County, Colorado, and
WHEREAS, on June 16, 2004, the Board of County Commissioners of Weld County,
Colorado, approved an Improvements Agreement According to Policy Regarding Collateral for
Improvements (Public Road Maintenance) for Red Baron Estates and an Agreement for
Improvements for Weld 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 agreements, and
accepted Escrow Agreements,with Security Title Guaranty Company,720 Bridge Street,Brighton,
Colorado 80601, and
WHEREAS, on November 1, 2004, by Resolution#2004-3169, the Board did cancel and
release collateral, in the amount of$192,380.00,with a balance remaining in the Escrow Account
of$50,314.00, and
WHEREAS, on January 31, 2005, by Resolution #2005-0347, the Board did cancel and
release collateral,in the amount of$33,484.00,with a balance remaining in the Escrow Account of
$16,830.00, and
WHEREAS,staff from the Weld County Department of Public Works has conducted a visual
inspection and recommends release of the balance of said collateral,in the amount of$16,830.00,
as listed on the attached Memorandum dated May 4, 2005,from Sheri Lockman, Department of
Planning Services, marked Exhibit"A", and
WHEREAS, the Board deems it advisable to release the remaining collateral.
111111111111111111111111111111111111111 III 11111 IIII IIII 2005-1425
3286133 05/16/2005 11:29A Weld County, CO PL1706
1 of 3 R 0.00 0 0.00 Steve Moreno Clerk& Recorder //��
(° : /"L fl(cu) OS-(4-,OS
CANCEL COLLATERAL - RED BARON DEVELOPMENT, LLC
PAGE 2
NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County,Colorado,that the balance of the collateral held by the above described Escrow Agreement
with Security Title Guaranty Company,in the total amount of$16,830.00 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 Security Title Guaranty Company of the release of collateral, in the amount of
$16,830.00 to be paid to those vendors and in the amounts listed on Exhibit "A".
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 9th day of May, A.D., 2005.
]E j(,a�i, BOARD OF COUNTY COMMISSIONERS
�/qqq WELD COUNTY, COLORADO
1861 � % �. /�/
44
William H. J e, Chair
r .�o4ty Clerk to the Board
Okril
BY: 4-4 est 44/-- -
Deputy Clerk to the Board
Da ' E ong
APP AS T
Rob . Masden
ounty Attorney 2.Q.1,r.C_V
Glenn Vaad
Date of signature: ��/O-/C5—
AEI NNW l\III dVIII VIII %\Ll\uIII III III\\U\ 2005 1425
I 3266133 051161
2 of O51161"t150 0
.00 Steve Moreno Clerk& PL1706
At
�{ MEMORANDUM
II TO: Board of County Commissioners
COLORADO DATE: May 4, 2005
5J
FROM: Sheri Lockman, Planner II
SUBJECT: Release of Collateral
Red Baron PUD
Case Number PF-1035
Morris Quick/Mark Holiday
The Departments of Planning Services and Public Works have reviewed the request for a
release of collateral for Red Baron Estates PUD.
The request for release of collateral is for the following improvements:
Fire Cistern $ 16,500.
Street Signs $ 330.
Total $ 16,830.
The Departments of Public Works and Planning Services are satisfied with the required
improvements for Red Baron Estates PUD and has requested the release of all remaining
collateral.
AIM 0111 11111 111 11111 1131 11111 III 111111111 IIII
3286133 05/16/2005 11:29A Weld County, CO
3 of 3 R 0.00 0 0.00 Steve Moreno Clerk& Recorder
MEMORANDUM
TO: Peter Schei DATE: 3/2/05
FROM: Ted Eyl
SUBJECT: Release of Escrow Funds Red Barron Estates
On March 2, 2005 I did an inspection at the Red Barron Estates Sub Division. The road signs were up, both the
stop sign and the road name sign. Also, the fire cistern has been installed. Escrow funds for this work can be
released.
Hudson Fire Protection District
P.O. Box 7
Hudson, Colorado 80642
25 April 2005
Sheri Lockman, Planner
Weld County Planning and Building Department
918 10th Street
Greeley, CO 80631
VIA E-Mail
Re: Red Barron Estates Cistern
Dear Sheri:
We believe the water supply for fire protection concerns at the Red Barron Estates
Development have been met. We inspected and flow tested the cistern and it meets our
requirements. Please be advised that requirements for individual structures will still need
to be met. Specifically, fire protection systems for hangers and attached dwellings may
be required as specified in the County's Building Code.
Please do not hesitate to contact me at(303)413-9514 or kev@fire-department.com, if
you require additional information or have any questions.
Sincerely,
Kevin R. Klein
Fire Marshal
cc: Dino Ross, Esq., Ireland, Stapleton, Pryor& Pascoe, P.C.
RED BARON ESTATES
FORT LUPTON, COLORADO 80621
303-536-0380
May 2, 2005
Ms. Sheri Lockman FAX: 970-304-6498
Weld County Department of Planning Services
918 10th St.
Greeley, CO 80631
RE: Red Baron Estates—PZ 1035
Dear Ms. Lockman:
We have finally received final approval for the fire cistern, per the attached email from Kevin
Klein, Fire Marshall. This letter will request action for the release of all remaining escrow funds
accordingly.
Referring to the Improvements Agreement dated April 5, 2004, the following line items have
been completed and invoiced to Red Baron Estates.
1) Fire Cistern (estimated cost: $16,500)
The 20,000 gallon underground fire protection system has been installed according to
regulations outlined by the Hudson Fire Protection District. Payment for the fire cistern (invoiced
for$16,425.60) should be directed to: Western Clean Up Corporation
PO Box 1247
Ft. Morgan, CO 80701
2) Street Sign (Parks Lane) and Stop Sign(estimated cost: $330)
The above signage was installed on February 15, 2005, according to Weld County Standards.
Payment for the signage (invoiced for 230.05) should be directed to: NCTC Signs and
Highway Products
PO Box 1826
Greeley, CO 80632
Both of these items were completed at a cost lower than the estimated amount.
Per email notification from Peter Schei on 1/26/05, all on-site improvements for Red Baron
Estates have been completed. We are now requesting that the escrow account in place at Security
Title be closed and all remaining escrow funds along with any accrued interest be refunded to
Red Baron Development.
I am hopeful that you will be able to get the necessary authorization to Carol Harding at your
earliest convenience so that these items may be approved by the County Commissioners as soon
as possible.
Thank you for all of your assistance.
Sincerely,
Marilyn Taylor
Authorized Agent/Red Baron Estates
FROM >000000 PHONE NO. : 3035360380 Mar. 01 2005 04:07PM P1
RED BARON ESTATES
Ford Lup oN, COLORADO 80621
303-5360380
March 1, 2005
Ms. Sheri Lockman FAX: 970-304-6498
Weld County Department of Planning Services
918 10th St.
Greeley, CO 80631
RE: Red Baron Estates—PZ 1035
Dear Ms. Lockman:
We have finally completed the last of our internal improvements for Red Baron Estates.
This letter will request action for the release of escrow funds accordingly.
Referring to the Improvements Agreement dated April 5, 2004, the following line items have
been completed and invoiced to Red Baron Estates.
1) Fire Cistern (estimated cost: $16,500)
The 20,000 gallon underground fire protection system has been installed according to
regulations outlined by the Hudson Fire Protection District. Payment for the fire cistern
(invoiced for$16,425.60) should be directed to: Western Clean Up Corporation
PO Box 1247
Ft. Morgan, CO 80701
2) Street Sign (Parks Lane)and Stop Sign(estimated cost: $330)
The above signage was installed on February 15, 2005, according to Weld County Standards.
Payment for the signage should be directed to: NCTC Signs& Highway Products
PO Box 1826
Greeley, CO 80632
Both of these items were completed at a cost lower than the estimated amount. In closing the
Red Baron Escrow Account, I am requesting that any remaining escrow finds along with any
accrued interest be refunded to Red Baron Development.
I am hopeful that you will be able to get the necessary authorization to Carol Harding at your
earliest convenience so that these items may be approved by the County Commissioners as
soon as possible.
Thank you for all of your assistance.
Sincerely, finks '
"eft
Marilyn Taylor
Authorized Agent/Red Baron Estates
cc: Jim Clement-Security Title Guaranty Company
FROM : >000000 PHONE NO. : 3035360380 Mar. 01 2005 04:08PM P2
MPS;-1-2065 04:17p FROM:
TO:,3035360380 F:2/2
Cle 1 Up Corp.,r:ition
P.O.Sox,ta{r Pt Morgan, Colorado SOvvi s?(970)seT-aao7 tt Fax(970) +2-ors
BILL To
_ Invoice
Red Baron Development
7507 WCR 39
+ort Lupton, CO 80621
DATE i INVOICE N
3/1/2005 3598
P.O. NO. TERMS
_ 30-Nat 30
DESCRIPTION QTY PATE AMOUNT
SERVICES: ttt
Provided and installed a complete underground 20,000 gallon
Ere psOu , ion system at your now subdivision,as documented
in letter from Western Cleanup Corporation dated 03-01-05.
Total Project Cost 1 16,425.60 16,425.60
Please Remit to P.O. Box 1247, Ft, Morgan, CO E0701
1.5%Monthly Finance Charge on ALL past due invoices. Tots l Si fi.425.6U
FROM >000000 PHONE NO. : 3035360380 Mar. 01 2005 04:08PM P3
i•i.H-1-dtiaS 12:E4p FROM:
TO!13035360380 P;2,2
Clean Up Co.-poration
A.O. Box 1247*Ft Morgan, Colorado 30701*(970)887.9607*Far(970)8424765
March 1,2005
Red Baron Development
7507 WCR 39
Tort Lupton,CO 80621
Marilyn,
Per our conversation and your,request, the following information is documentation of
installation of your fire cistern in the location provided to Western Cleanup Corporation
in drawings.
The total volume of the cistern is 16,000 gallons,by use of(2)8,000 gallon storage tanks
buried 2 ft. below surface with (1) 4"sum.ion port,(1)3"fill port and(1) 3"vent gauging
port in each storage tank.
Upon your review of this letter please eel.i with any questions you may have.
on Greene
Vice President
Wcxtem Cleanup Corporation
FROM >000000 PHONE NO. : 3035360380 Mar. 01 2005 04:09PM P4
. -w
NCTC Signs &Highway Products Co. 1 N V O I C E
1712 1st Avenue
P. O. Box 1626 Invoice#: 2681 Your PO#:
Greeley, CO 80632 Invoice Date: 2/15/05 Customer#: 347
Due Date: 3/17/05 Work Order#:
Terms: Net
;, , .
NCTC
v r, ;x ;rr,: ' Y
sii
Sold To: Red Baron Estates •
7507 WCR 39
Ft Lupton, CO 80621
Page 1 of 1
Quantity Item ID Description Unit Price Unit Name Amount
1.00 30 X 30 Stop 53.7500 Ea 53.75
1.00 36 X 6 Parks Lane St Signs 25.0000 Ea 25.00
1.00 10 X 1,75 X 1.75 Sq Posts 31.3500 Ea 31.35
1.00 3 X 2 X 2 Sq Anchors 10.8000 Ea 10.80
1.00 Cap 6.6500 Ea 6.65
1.00 Sets Rivets&J Bolts 2.5000 Ea 2.50
1.00 Installation 100.0000 Ea 100.00
February Billing
Ordered by Marilyn Taylor
Subtotal: 230.05
Tax: 0.00
Other. 0.00
Shipping: 0.00
Total: $230.05
Thank You
a
CLERK TO THE BOARD
PHONE (970)336-7215, Ext. 4225
FAX: (970) 352-0242
P. O. BOX 758
C. GREELEY, COLORADO 80632
COLORADO
May 16, 2005
RED BARON DEVELOPMENT, LLC
ATTN: MARILYN TAYLOR
7507 WELD COUNTY ROAD 39
FORT LUPTON, CO 80621
RE: Release of Collateral
Dear Marilyn:
Enclosed you will find the resolution releasing the remaining balance of$16,830.00. I faxed the
information to Security Title on this date.
If you have questions or need additional information, please do not hesitate to contact me at
(970) 336-7215, Extension 4217.
Very truly yours,
/F
Carol A. Harding,
Deputy Clerk to the Board
vet,
1111k FAX TRANSMISSION
COLORADO
Weld County
Clerk to the Board
PO Box 758
Greeley,CO 80632
Fax: 970-352-0242
Phone:970-336-7215,ext.4217
To: Brenda- Security Title Date: May 16,2005
Fax: (303) 659-8846 Pages: 8 +Cover
From: Carol Harding,
Deputy Clerk to the Board
Subject: Release of Collateral/Red Baron Development
COMMENTS:
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