HomeMy WebLinkAbout20043610.tiff MOM 1111111111111111111111HEIR III 11111 IIII Jill
3254969 01/21/2006 11:07A Weld County, CO
1 of 2 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
969 RESOLUTION
RE: APPROVE CANCELLATION AND RELEASE OF COLLATERAL AND ACCEPT
REPLACEMENT COLLATERAL FOR PLANNED UNIT DEVELOPMENT FINAL
PLAN, #S #409 - PLATTE VALLEY AIRPARK, C/O MARILYN TAYLOR
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 February 19, 1997, the Weld County Board of Commissioners did
approve an Improvements Agreement According to Policy Regarding Collateral for
Improvements (Private Road Maintenance) with Platte Valley Airpark, Ltd., do Marilyn Taylor,
7505 Weld County Road 39, Fort Lupton, Colorado 80621, concerning property described as
being located in Sections 30 and 31, Township 2 North, Range 65 West of the 6th P.M., Weld
County, Colorado, and
WHEREAS, pursuant to said Improvements Agreement, an Escrow Fund was created at
Security Title Guaranty Company, 720 East Bridge Street, Brighton, Colorado 80601, in the total
amount of$91,230.00, and
WHEREAS, Security Title Guaranty Company has forwarded to the Board of County
Commissioners Check#1039534, in the amount of$14,719.23, which is the balance of escrow
being held, and
WHEREAS, staff from the Weld County Departments of Planning Services and Public
Works have conducted visual inspections of the project and recommend partial cancellation and
release of the above mentioned Escrow Fund, and acceptance of Check #1039534, in the
amount of$14,719.23 as replacement for the remaining collateral for the Platte Valley Airpark.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the Escrow Fund held by Security Title Guaranty Company, in the
total amount of$91,230.00 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 release.
BE IT FURTHER RESOLVED, that Check #1039534, in the amount of$14,719.23 be,
and hereby is, accepted as replacement collateral.
2004-3610
PL0884
1111111 IM 111111111111111111111111111
3254969 01/21/2005 11:07A Weld County, CO
2 of 2 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
CANCEL COLLATERAL - PLATTE VALLEY AIRPARK, S #409
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 29th day of December, A.D., 2004.
ovate` BOARD OF COUNTY COMMISSIONERS
I`` I / , "'Tw`1 �D� W LD COIJNTY, COLORADO
I
"ii*) Robert D. Masden, Chair
�C_ C. al Jerk to the Board
♦r� 3111'
•• ; ' \� EXCUSED
=
BY: l) /( William H. J= ke, Pro-Tem
1 i' v )
Deputy Cler o the Board
. 1 eile
AP AST
L David/i Long
bounty Attorney
Glenn Vaad
Date of signature: 1YL,
2004-3610
PL0884
Security Title Guaranty Co.
1.�.
February 28, 2000
Weld County Department of Planning Services
ATTN: Robert Henderson
1400 North 17th Avenue
Greeley, CO 80631
Dear Mr. Henderson,
This letter is regards to the escrow that Security Title Guaranty Co.
is holding for the Platte Valley Airpark for improvements. The total
escrow from the Platte Valley Airpark proceeds was in the amount of $91 ,230.00.
The disbursments are as follows:
Total Escrow $91,230.00
-23,000.00 to Lloyd L. Land
-12,993.77 to Allied Recycled Agg.
-27,430.00 to United Power, Inc.
+ 1,601.00 refund from United Power, Inc.
-14,688.00 to Western Mobile
$14,719.23 Balance of Escrow
If you have any questions please call me at the phone number listed below.
Thank You,
t ako,h1,aaE-��
Brenda Archuleta
Closing Representative
CC: Marily Taylor, Platte Valley Airpark
720 EAST BRIDGE STREET • BRIGHTON, CO 80601 • (303) 6598271 • FAX (303) 6598846
n rawnrv. + r.n�e+m-,v-.a.unnrrsr+aoau�r-r•..a.1e
SECURITY TITLE>'GUARANTY COamilimsssillinss
MPANY WELLS FAAQO BANK WEST.NA.
5pg50NEEM300D P AZA OLw,onoHtlf PtAt I DENVER,COLORADO
DENVER,COEDRAno aau 1 s710 NO. 1039534
aoaaamm
DATE
12/17/04
23-7/1020
AMOUNT
PAY FOURTEEN THOUSAND SEVEN HUNDRED NINETEEN AND 231100' $14,719.23
DOLLARS
SECURITY TITLE 4UARANTY COMPANY
TO
THE Clerk to the Board` TRUST ACCOUNT
ORDER
OF V'taw.o
VOID AFTER 90 DAYS
RE: 058191A97
101 8U1 23 93 3
'I' LU3953Lee I: 1O 2OOOO ?Si: LO LB 2 39 3 311.
SECURITY TITLE GUARANTY COMPANY
DENVER,COLORADO 801114710
SE%' ADDR' 7505 Weld County Road 39
CA SELLER: Platte Valley Airpark,Ltd PURCHASER Michael De Seril
12/17/04 UO58191A97 Escrow for improvements 14,719.23 NO. 1039534
JJ
11
1`J
C, J
C� O
W
W
CHECK TOTAL 14,719.23
November 4,1997
•
Legal: Lot 1,Block 6, and Lot 1,Block 7, Airpark P.U.D.,McLaughlin Enterprises Inc.,Title Policy#U
058122A97 ($61,661.110)
Legal: Lot 6&7,Block 1, Airpark P.U.D.,Michael De Sanli,Title Policy#U058191A97 ($29,568.20)
Seller: Platte Valley Airpark LTD., A Colorado Limited Partnership, Marilyn Taylor
Escrow amount$91,230.00
Reference Resolution, Exhibit "A", Exhibit "B", and Approved improvements agreement, according to
Policy regarding collateral for improvements and accepted collateral,Platte Valley Airpark, C/O Marilyn
Taylor. Total Attached pages, 11 (eleven)..
Release of Liability:
Platte Valley Airpark C/O Marilyn Taylor shall endemnify and hold harmless Mercury Inc., its agents and
Security Title Guaranty Co. from any and all liability, loss and or damage that may occur as a result of
any law suits, actions or claims of every nature and description caused by, arising from, or on account of
said designs and construction of improvements,and pay any and all judgements rendered against Mercury
Realty Inc., its agents and Security Title Guaranty Co. on account of such law suits, actions or claims,
together with all reasonable expenses and attorney fees uncured by Mercury Realty Inc.,its agents or
Security Title Guaranty Coin defending such law suit, action or claim, whether the liability, loss or
damage is caused by or arises out of the negligence of Weld County or its offices agents or employees.
All construction and other employees engaged in constriction of the improvements shall maintain
adequate workman's compensation insurance and public liability insurance coverage and shall operate in
strict accordance with the laws and regulations of the State of Colorado governing occupational safety
health.
Mercury Realty Inc. and its agents have no expertise in the Improvements Agreement as to the actual
costs that are to be incured in the agreement submitted by Platte Valley Airpark C/O Marilyn Taylor and
accepted by the Board Of Commissioners for the County of Weld, State of Colorado.
Security Title Guaranty Co. will act as escrow agent for monies as set forth in the Improvement
Agreement.
/h itA) r i Del a/
Platte Valley Airpark by Maril n Taylor M aughlin Enterprises by R ald . i lin
Michael a Santi
Accepted by Security Title Guaranty Co.
Escrow Agent /I% (Law/hacea_ , cc(
Escrow Officer cury Realty Inc
Oct-22-97 .07 : 08A Fantasy Of Flight 13036597265 P . 01
•
RESOLUTION
RE: APPROVE IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING'
COLLATERAL FOR IMPROVEMENTS AND ACCEPT COLLATERAL-PLATTE VALLEY
AIRPARK, CIO MARILYN,TAYLOR
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 February 12, 1997, the Board approved the application
of Platte Valley Airpark, Ltd., do Marilyn Taylor, 7505 Weld County Road 39, Fort Lupton, Colorado
80621, for a Site Specific Development Plan and Planned Unit Development (PUD) Final Plan,
S #409, for a parcel of land located on the following described real estate, to-wit:
A parcel located in Sections 30 and 31, Township 2 North, Range 65
West of the 6th P.M., Weld County, Colorado
WHEREAS, the Board has been presented with an Improvements Agreement According
to Policy Regarding Collateral for Improvement between the County of Weld, State of Colorado,
by and through the Board of County Commissioners of Weld County, and Platte Valley Airpark,
Ltd., and
\ WHEREAS, Sections 4 and 5 of said agreement establish requirements for an escrow fund
to be established with Security Title Guaranty of Brighton, with 100 percent of all contracts for
purchase of hanger lots placed in said escrow fund until the estimated construction price of$91,230
has been accumulated, and
WHEREAS, after review, the Board deems it advisable to approve said agreement and .
accept said escrow account as.collateral.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Improvements Agreement According to Policy Regarding Collateral for
Improvement between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, and Platte Valley Airpark, Ltd., Go Marilyn Taylor, be, and hereby
is, approved.
BE IT FURTHER RESOLVED by the Board that an escrow account to be established with
Security Title Guaranty of Brighton, as above described, be, and hereby is, accepted as collateral
for the above mentioned agreement.
970317
CC PU; F/; Pa); ,011/9PPL0884
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•
• C9A-15
IMPROVEMENTS AGREEMENT ACCORDING
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
rh-
THIS AGREEMENT, made and entered into this /9 day of le6ruar , by and between
the County of Weld,State of Colorado,acting through its Board of County Commissioners, hereinafter called
"County", and Platte Valley Airpark Ltd, hereinafter called "Applicant".
WITNESSETH:
WHEREAS, Applicant is the owner of or has a controlling interest in the following described
property in the County of Weld, Colorado:
Airpark PUD in § § 30 and 31 of, T2N, R65W of the 6th P.M.; Weld
County,Colorado.
(Namely 1o1s39 hanger lots in area"B")
WHEREAS, a final PUD plat of said property has been submitted and approved by the Board of
County Commissioners on February 12, 1997; and
WHEREAS,Section 13 of the Weld County(Subdivision)Ordinance provides that no final plat shall
be approved by the County until the Applicant has submitted a Subdivision Improvement Agreement
guaranteeing the construction of the public improvements shown on plans, plats and supporting documents
of the subdivision, which improvements, along with a time schedule for completion, are listed in Exhibits
"A" and "B" of this Agreement.
NOW,THEREFORE, IN CONSIDERATION OF the foregoing and of the acceptance and approval
of said final plat,the parties hereto promise, covenant and agree as follows:
1.0 Fngineerine Services: Applicant shall furnish,at its own expense,all engineering services
in connection with the design and construction of the hanger and taxiway improvements
listed on Exhibit "A" which is attached hereto and made a part of this reference.
1.1 The required engineering services shall be performed by a Professional Engineer
and Land Surveyor registered in the State of Colorado, and shall conform to the
standards and criteria established by the County for public improvements.
1.2 The required engineering services shall consist of, but not be limited to, surveys,
designs, plans and profiles,estimates,construction supervision,and the submission
of necessary documents to the County.
1.3 Applicant shall furnish drawings and cost estimates for roads within the subdivision
to the County for approval prior to the letting of any construction contract. Before
• approval of the improvements within the PUD by the County, Applicant shall
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Weld County CO JA Suki Tsukamoto Clerk & Recorder 0.00
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•
furnish one set of reproducible "as-built" drawings and a final statement of
construction cost to the County.
2.0 Construction; Applicant shall furnish and install, at its own expense- the improvements
listed on Exhibit "A: which is attached hereto and made a part hereof by this reference,
according to the construction schedule set out in Exhibit"B" also attached hereto and made
a part hereof by this reference.
•
2.1 Said construction shall be in strict conformance to the plans and drawings approved
by the County.
2.2 Applicant shall employ, at its own expense, a qualified testing company previously
approved by the County to perform all testing of materials or construction that is
required by the County; and shall furnish copies of test results to the County.
2.3 At all times during said construction, the County shall have the right to test and
inspect or to require testing and inspection of material and work at Applicant's
expense. Any material or work not conforming to the approved plans and
specifications shall be removed and replaced to the satisfaction of the County at
Applicant's expense.
2.4 The Applicant shall furnish proof that proper arrangements have been made for the
installation of electric services. P-1,141(
2.5 Said improvements shall be completed, according to the terms of this Agreement,
within the construction schedule appearing in Exhibit "B", provided, however that l9/ y;0
commencement of construction need not occur until the amount of$90,430.08 as
been accumulated in escrow consisting of 100% of the contract sale price of
hanger lots. The Board of County Commissioners, at its option, may grant an
extension of the time of completion shown on Exhibit "B" upon application by the
Applicant subject to the terms of Section 6 herein.
3.0 Release of Liability: Applicant shall indemnify and hold harmless the County from any
and all liability loss and damage county may suffer as a result of all suits, actions or claims
of every nature and description caused by, arising from, or on account of said design and
construction of improvements, and pay any and all judgments rendered against the County
on account of any such suit, action or claim, together with all reasonable expenses and
attorney fees incurred by County in.defending such suit, action or claim whether the
liability, loss or damage is caused by, or arises out of the negligence of county or its
officers, agents, employees, or otherwise except for the liability, loss, or damage arising
from the intentional torts or the gross negligence of the county or its employees while acting
within the scope of their employment. All contractors and other employees engaged in
construction of the improvements shall maintain adequate workman's compensation
insurance and public liability insurance coverage,and shall operate in strict accordance with
the laws and regulations of the State of Colorado governing occupational safety and health.
2
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4.0 General Requirements for Collateral:
4.1 The value of all collateral submitted to Weld County must be equivalent to 100%
of the value of the improvements as shown in this Agreement. (Exhibit A)
applicants) requests that this Agreement be renewed at least thirty(30) days prior
to its expiration and further provides that cost estimates for the remaining
improvements are updated and collateral is provided in the amouni of 100% of the
value of the improvements remaining to be completed. If improvements are not
completed and the agreement not renewed within these time frames, the County, at
its discretion, may make demand on all or a portion of the collateral and take steps
to see that the improvements are made.
4.2 The applicant intends to develop in accordance with Exhibits "A" and "B".
4.3 100 % all contracts for purchase of hanger lots shall be placed in escrow with
Security Title Guaranty of Brighton until the estimated construction price of
$.90,430,00-has been accumulated.
91,�3dod
4.4 Al I invoices will be submitted for written approval by the Weld County Director
of Planning Services and the Applicant before funds may be released from escrow
to pay the contractors
5.0 Escrow Agreement that provides at least the following:
5.0.1 The cash in escrow when fully funded is at least equal to 100% of the'amount
specified in the Improvements Agreement.
5.0.2 The escrow agent guarantees that the escrowed funds will be used for improvements
as specified in the agreement and for no other purpose and will not release any
portion of such funds without prior approval of the Board.
5.0.3 If the County of Weld County determines there is a default of the Improvements
Agreement, the escrow agent, upon request by the County, shall release any
remaining escrowed funds to the County.
6.0 Request for Final Approval,: Prior to final approval of the project or for a portion of the
project by Weld County, the Applicant must present a Statement of Substantial Compliance
from an Engineer registered in Colorado that the project or a portion of the project has been
completed in substantial compliance with approved plans and specifications documenting
the following:
3
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6.1 The Engineer or his representative has made regular on-site inspections during the
course of construction and the construction plans utilized arc the same as those
approved by Weld County. •
6.2 Test results must be submitted for all phases of this project as per Colorado
Department of Transportation Schedule for minimum materials sampling, testing
and inspections found in CDOT Materials Manual.
6.3 "As built" plans shall be submitted at the time the letter requesting release of
collateral is submitted. The Engineer shall certify that the project "as built" is in
substantial compliance with the plans and specifications as approved or that any
material deviations have received prior approval from the County Engineer.
6.4 The Statements of Substantial Compliance must be accompanied, if appropriate, by
a letter of acceptance of maintenance and responsibility by the appropriate utility
company, special district or town for any utilities.
6.5 The requirements in 6.0 thru 6.4 shall be noted on the final construction plans.
7.0 Successors and Assigns: This Agreement shall be binding upon the heirs, executors,
personal representatives, successors and assigns of the Applicant, and upon recording by the
County, shall be deemed a covenant running with the land herein described, and shall be
binding upon the successors in ownership of said land.
•
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
on the day and year first above written.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
7 •
�_� °�7T Asp
fzi
L°• mein
A ST
W tidW , e', j trite r
4
2535245 B-1593 P-1134 02/27/1997 02:44P PG 4 OF 9
Oct-22-97 07 : 15A Fantasy Of Flight 13036597265 P -O6
RE: COLLATERAL AND IMPROVEMENTS AGREEMENT - PLATTE VALLEY AIRPARK PUD
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 19th day of February A.D., 1997.
• ,-� BOARD OF4.,‘ COUNTY COMMISSIONERS
`'' " WELD COUNTY, COLORADO
'laA `E ':` -. a Geor �E. Baxter, Chair
&gout Clerk t t oard r�
stance L. Harbe , Pro-Tem
BY:
eputy Clerk to the Board
Dale K. Hall
i
APP AS TO ry?i'. ,.•: f f_./., . _
Barbara J. Kirkmeyer
ounty Attorne l f� ��l ) 2Jir '' r
W._H:/Webster L
970317
PL0884
Oct-22-97 . 07 : O9A Fantasy Of Flight 13O36597265 P _ O4
Deputy Clerk to the Board
APPROVED AS TO FORM:
Cou y Att n 7� // Q
APPLICANT PIa ' /C'/- U 7 py / / 1 ''
BY: 41a4,44 / aodo , Pf'•e sidi-
t
title)
�
SUBSCRIBED AND SWORN to before me this //gill;day of c t(%AiILLI" , 199 .
WITNESS my hand and official seal.
.7g g1/2 "--->171 -.1/4—
Notary Publii
My commission expires: ,4-)0O/
•
%I ALLELYDM
2535245 .R-1593 P-1134 02/27/1997 02:44P PG 5 OF 9
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P . 03
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/ EXHIBIT "A"
Name of Subdivision: /24( l& v 7 014,c 1/ Ltc?
Filing: a 'au c-4(r /coca co( es-t. Sec ti%n/ 3U 04 5 I T ant' k/ a.
Location: !l/...1`�C. / tea #4;iC rS S— C-0-eati" 47 ?A. 6 ex- PA , r.Gtf'( Cc.'" all
CI cede'.
.
Intending to be legally bound, the undersigned Applicant hereby agrees to provide throughout f this
subdivision and as shown on the subdivision final plat County dated u '
recorded on , 19 , in Book , Page No. , Reception No.
, the following improvements.
(Leave spaces blank where they do not apply) Estimated
Improvements Unit Cost Construction Cost
Street grading
Street base IA' yam, ��
Street paving 6 b)nrU s
Curbs. gutters. & culverts
Sidewalk
Storm sewer facilities
Retention ponds
Ditch improvements -
Subsurface drainage
Sanitary sewers
Sanitary sewers •
Trunk & forced lines
Mains
Laterals (house connected)
On-site sewage facilities
On-site water supply& storage
Water mains-Includes Bore
Fire hydrants
Survey & street monuments & boxes
Street lightinv
Street name signs
Fencing requirements •
Landscaping
Park improvements
Road Culvert
Grass Lined Swale
Telephone
CT
Electric &Ad 7ict Poc.c 4v oZ 7, 4,30
Water Transfer
laao( Pu,o) Caws y azf Gia.0et;.y a 3, aat
SUB-TOTAL. a d
?535245 B-1593 P-1134 02/27/1997 02:44P PG 6 OF 9
January 13 , 1997
CONCRETE CONTRACTORS INCORPORATED
•
nterstate
frOliPROPOSAL #12501
Work Preformed At: •
P tted Attn: Lloyd 1Land To:
Name : Platte Valley Airport
Street :
City: Ft . Lupton, CO •
Fax:
Phone :
We hereby propose to furnish the following:
•
Ref : Taxi way pavement
Install approximately 68 , 000 s . f . 2" asphalt on
6" base . $ 40 , 800 .00
Cost per s . f . . 60 TOTAL
All material is guaranteed
as specified, and performed in
accordance with the above specifications .
Terms are as follows : will be executed only upon
extra costs, fire,
Workmen's Compensation and Public Liability
Any alteration or deviation from the above specifications involving
written orders,
other d necessary insurance will become an Y upon the above rge over e work above our control. The owner is to car
tornado,
Insurance on the above work is covered.
THIS, PROPOSAL MAY BE WITHDRAWN BY US IF NOT ACCEPTED WITHIN 30
DAYS .
•
Date :
Signature : ors Interstate Inc .
Concrete Contra
Date:
Signature •
post office box eight • brighten, colorado 80601 • 2 miles north of brighten on highway 95 • (303) 659-2363 • fax (303) 659-23E
LAND FARMS, INC.
12501 Riverdale Road
Brighton, Colorado 80601
(303) 654-0203
/ PROPOSAL SUBMITTED TO:
Platte Valley Airpark
7597 WCR 39
Fort Lupton, CO 80621
RE: Planned Unit Devel6pment/39 Hangar Lots
•
We hereby submit specifications and estimates for work on 10 acre development site as
follows:
A. All carry-all work
•
B. All fine grading
C. Haul 4" road base for taxiways
Complete all detail work as outlined in construction site development plan prepared and
engineered by Acklam Associates, Inc.
We hereby propose to furnish labor and materials - complete in accordance with the above
specifications, for the sum of:
$ Sl0-� b
Authorized Signature: ( c;� Q Dote: '�/2`.lg
LAND FARMS, INC. \
Accepted By: Date:
Nov-03-97 04 : 15P Fantasy Of Flight 13036597265 P . 01
; •
INITT'D
pawn
UNITED POWER. INCORPORATED
P.O.BOX:929.BRIGHTON.CO 60601
TELEPHONE:1300)6559-04451 • I 5&9909
FAX(303)
January 9, 1997
Mr- Lloyd Land
Platte Valley Air Park
7507 Weld County Road #39
Fort Lupton, CO 80621
Dear Mr- Land:
SUBJECT: New Service cast Estimate
united Power will install approximately 1655 ft. of underground
primary service line and four, 15kva pad-mount transformers to
provide 200 amp, 120/240 volt, single-phase electrical service to
the proposed 38 corporate hangars to be located at Platte Valley
Air Park.
The total estimated construction cost for this new service is
$27 , 430 . Each new account will qualify for a refundable con-
struction allowance of $1 , 190 , when permanently metered, to a
maximum allowable total refund of $27 , 430 . The installation of
all metering facilities and secondary service is the responsibil-
ity of your electrician.
This estimated cost is valid for six months and is based on non-
frost conditions d current design
subject to adjustm ntshould construction information and also
requirements
If you need further information or wish to proceed with this
project, please give me a call.
Sincerely,
UNITED POWER, INC.
, tyfra
David P. Jacovetta
Platte valley District Representative
DPJ/cs
A CONSUMER OWNED UTILITY
Tn 3NI N3HOd 03iINf1 9LZILE9 9150 L66T/60/IT
ESCROW Instructions
Escrow Number
, Colorado
The undersigned deposit with Security Title Guaranty Company, as Escrow Agent, the items
set forth in Schedule A, to be held by said Escrow Agent subject to the terms hereof and the Special
Instructions set forth in Schedule B.
1. The provisions of Exhibit 1 General Provisions, attached hereto, are by this reference incorporated
herein.
2. If the deposits hereunder are not withdrawn before ,the Escrow
Agent may mail the same as follows: (State to whom each item is to be returned in such event)
Board of County Commissioners, Weld County, Colorado
at the address stated below and thereupon be relieved of all liability hereunder.
IN WITNESS WHEREOF, the undersigned have hereunto affixed their signatures and hereby adopt as
a part of this instrument Schedules A and B hereto attached.
Board of County Commissioners - - Platte Valley Air ark, Ltd.
• Weld County, ColoradoB Airpark,
bY: /R'ddr 4tl bY: /la.cl'lyn/
MOM
Number of copies signed:
Escrow fees to be as follows:
(a) Setting up fee $ 250.00
(b) Annual fee $
(c) Miscellaneous $
STATE OF COLORADO
AC,LOT)'LQJ SS•
County of
The foregoin instrument was acknowledged beforP/((r1a this• ^i h day of (,
J
19 Q7 , by ' lL_g a_ U 14 /"
t_ '('�, Q 1' d-Ct
dr0M,n 1\49,4p �O/1A9I ace i M�'c6mmisston ex fires
/Wltriess my harig td official seal. n, _ „t/ n L
Notary Public itfrtr Accepted:
SECURITY TITLE GUARANTY COMPANY
I4/1
, I /� Escrow Agent
�j �� Q�
Date i ! / f.lV r I(Il°L. . l lif Y � 0L.
Escrow Officer
88882 7/89
` SCHEDULE A
( Deposits)
$91,230.00
SCHEDULE B
(Special Instructions)
Escrow funds will be released only upon written instructions from the
Weld County Director of Planning Services or the Board of County
Commissioners of Weld County
INITIALS M
EXHIBIT 1
GENERAL PROVISIONS
1. 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, costs and expenses incident thereto.
2. No assignment,transfer,conveyance or hypothecation of any right,title or interest in and to 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,costs 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 maybe 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
tsuch party shown on hough served uponthe records of such party iinthe personrow Aget,and at the time of depice so mailed shall ositing ng such noticerinllthe purposes hereof be as effectual as
mail.
4. The Escrow Agent may receive any payment called for hereunder after the due date thereof unless subsequent to
the due 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 orders or process of court, and is hereby
expressly authorized to comply with and obey any and all process,orders,judgments or decrees of any court,and in case
the Escrow Agent obeys or complies with any such process,order,judgment or decree of any court it 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 be 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 carrrying out any of the terms 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 made hereunder to secure 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 as written above the Escrow Agent's signature at the time of the acceptance hereof.
8. The 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 oy or lity for the nstrructionsr called hereunder,
or ny documents or papers or payments depositedtor called for validity or sufficiency of these
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 documents or papers deposited.
10. In the event of any dispute between the parties hereto as to the facts of default,the validity or meaning of these
instructions 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 to its full satisfaction,and shall sustain no liability for its;
failure to act pending such process or court order or inderhnification; - - -'
(b) That it may in its sole and absolute discretion,deposit the property described herein or
so much 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 consists in whole or in part of funds,the same shall not be comingled by the
Escrow Agent with its own funds; provided, however,that anything contained in the Escrow Agreement of which these
General rovisons are made part, to the conrary ng, the Escrow Agent shall NOT BE DEPOSITTHEISAME IN ANY a BEARtING OR\INCOME 1 REQUIRED
PRODUCING ACCOUNT, AND SHALL NOT TO
IN ANY
WAY BE TO ANY OF THE OTHER PARTIES TO THE ESCROW ENT T OF INTEREST
UPON SAIDLIABLE FOR THE PERIOD DURING WHICH THEY ARE HELD BYnT FOR
HE ESCROW AGENT.Its 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 litYr-
t
t iti
State of Colorado
County of Weld
The foregoing instrument was acknowledged before me this day of
, 1997, by
of the Board of County Commissioners, Weld County, Colorado.
My commission expires:
Notary Public
Glacier
Page 1 of l
Carol Harding
From: Lee Morrison
Sent: Tuesday, December 28, 2004 5:20 PM
To: Carol Harding
Cc: Kim Ogle; Donald Carroll; Bruce Barker
Subject: Platte Valley Airpark
•
I have reviewed the request to release the escrow agreement and substitute cash collateral to be held by
the County. This transfers what was held in escrow and does not release any additional funds. I have
reviewed the matter with Planning and Public Works and all support the proposed resolution
Lw D. Men-:,s&,
Assistant Weld County Attorney 915 10th St., PO Box 758
Greeley, CO 80632 (970) 356-4000 x 4395: FAX 352 0242
This e-mail contains confidential and/or privileged information. If the reader is not the intended recipient,please
reply and delete your copy of this message."
12/29/2004
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