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Home My WebLink About20033166.tiff DOUGLASS B. AUER Attorney and Counsellor at Law 1600 Broadway, Suite 2350 Denver, Colorado 80202-4923 (303) 832-1010 November 10, 2003 Board of County Commissioners Union Colony Bank 915 10th Street 1701 23rd Avenue Greeley, Colorado 80631 Greeley, Colorado 80631 Re: SFR, Inc., d/b/a QED, Inc. v. Growling Bear Company, Inc., et al. Weld County District Court - Case No. 03-CV-1409; Division 5 TO WHOM IT MAY CONCERN: Enclosed is a copy of the Amended Complaint; please foreward to your counsel. Very truly yours, Z DOU ASS B. AUER rw Enclosure • (7P/haKNrr 7T0/U S • 2003-3166 7/ - /7. 03 rcft /a , �� DISTRICT COURT COUNTY OF WELD 901 9th Avenue Greeley, Colorado 80631 970-351-7300 • Plaintiff: SFR, INC., d/b/a QED, INC., a Colorado Corporation, v. Defendants: ISLAND GROVE REGIONAL TREATMENT CENTER, INC.; PUBLIC TRUSTEE,WELD COUNTY; COUNTY OF WELD, STATE OF COLORADO,BY AND THROUGH THE BOARD OF COUNTY COMMISSIONERS OF COUNTY OF WELD;UNION COLONY BANK; GROWLING BEAR COMPANY (INC.); and ELECTRICAL CON 1'RACTING SERVICES COMPANY Douglass B. Auer, #739 Case Number: 03 CV 1409 Attorney for Plaintiff 1600 Broadway, Suite 2350 Division: 5 Cttm: Denver, Colorado 80202 Phone: 303-832-1010 Facsimile: 303-861-0420 AMENDED COMPLAINT GENERAL ALLEGATIONS COMES NOW, the Plaintiff, SFR, Inc., d/b/a QED, Inc., by and through its attorney, Douglass B. Auer, and for its complaint, states as follows: 1. That the Plaintiff, SFR,Inc., d/b/a QED, Inc. (hereinafter referred to as "QED"), is a Colorado corporation in good standing with its principal place of business at 330 Quivas Street, in the City and County of Denver, State of Colorado; and is the electrical material supplier to the improvements located on the real property described on Exhibit A attached hereto and incorporated herein(hereinafter referred to as the "Real Property") 2. That Island Grove Regional Treatment Center,Inc., a Colorado non-profit corporation (hereinafter referred to as "Island Grove"), is the owner of the Real Property. 3. That the Defendant Growling Bear Company (Inc.) (hereinafter referred to as "Growling Bear"), was the general contractor for the improvements on the Real Property. 4. That the Defendant County of-Weld, State of Colorado,by and through the Board of County Commissioners of County of Weld (hereinafter referred to as "Weld County"), is a beneficiary of a Deed of Trust encumbering the Real Property recorded with the Clerk and Recorder of the County of Weld, State of Colorado, on January 27, 2001, at Reception Number 2820618. 5. That the Defendant Union Colony Bank(hereinafter referred to as "Union Colony") is a beneficiary of a Deed of Trust encumbering the Real Property recorded with the Clerk and Recorder of the County of Weld, State of Colorado, on January 17, 2003, at Reception Number 3024650. 6. That the Defendant Public Trustee of the County of Weld, State of Colorado (hereinafter referred to as "Public Trustee"), is the Trustee for the beneficiaries Weld County and Union Colony. 7. That the Defendant Electrical Contracting Services Company(hereinafter referred to as "ECS"), is a Colorado corporation, and is the electrical subcontractor to the Defendant Growling Bear for the improvements to the Real Property;that the Defendant ECS has filed a Voluntary Petition with the United States Bankruptcy Court for the District of Colorado and an automatic stay has been entered regarding prosecuting any claims against ECS; and that from September 24, 2002,until April 25, 2003,the Plaintiff QED provided certain materials and supplies to ECS which were incorporated into the Real Property and were provided to said Defendant on an account,pursuant to the terms of the Credit Application signed by the Defendant ECS. 8. That the unpaid balance of the amount owed for the electrical materials and supplies provided by the Plaintiff QED to the Defendant ECS which were incorporated into the Real Property and remains unpaid at this time after the application of all credits is Twelve Thousand Nine Hundred Ninety and 49/100 Dollars ($12,990.49),plus interest and costs. 9. That pursuant to the provisions of C.R.S. §38-22-109, Notice of Intent to File a Lien Statement was given to the Defendants Island Grove and Growling Bear ten days prior to the recording of the Lien Statement, a copy of which is attached hereto as Exhibit B. 10. That venue is proper under C.R.C.P. Rule 98 as the Real Property is located within the County of Weld, State of Colorado. FIRST CLAIM FOR RELIEF 11. That the Plaintiff QED incorporates by reference paragraphs 1 through 10 herein. 12. That the Plaintiff QED furnished electrical materials and supplies to ECS which were incorporated into the Real Property for which the principal contractor is Growling Bear, and that Growling Bear received the benefit of the electrical materials and supplies provided by the Plaintiff QED to the Defendant ECS. 13. That the Defendant Growling Bear is indebted to the Plaintiff QED for the unpaid balance owing for the materials and supplies incorporated into the Real Property in the principal sum of Twelve Thousand Nine Hundred Ninety and 49/100 Dollars ($12,990.49). - 2 - . • 14. That the Plaintiff QED is entitled to its service charges, interest, and reasonable attorney's fees. WHEREFORE, the Plaintiff QED prays for judgment against the Defendant Growling Bear in an amount to be determined at trial, together with costs, expert witness fees,interest, and attorney's fees, and for such other and further relief as to the Court may seem just and proper in the premises. SECOND CLAIM FOR RELIEF 15. That the Plaintiff QED incorporates by reference paragraphs 1 through 14 herein. 16. That the Defendant Island Grove is the owner of the Real Property. 17. That the Plaintiff QED furnished materials and supplies, which materials and supplies were incorporated into the improvements upon the Real Property. 18. That the Plaintiff QED furnished materials and supplies at the reasonable value with a current unpaid balance of Twelve Thousand Nine Hundred Ninety and 49/100 Dollars ($12,990.49), which materials were ordered by ECS and incorporated in the construction of the improvements into the Real Property.- 19. That all of the Real Property is necessary for the convenient use and occupation of the improvements for which said materials and supplies were furnished. 20. That the Plaintiff QED recorded its Statement of Lien on August 5, 2003,in the amount of Twelve Thousand Nine Hundred Ninety and 49/100 Dollars ($12,990.49), at Reception No. 3091775 of the records of the Clerk and Recorder of the County of Weld, State of Colorado, a copy of which is attached hereto as Exhibit B. 21. That the Plaintiff QED served its Notice of Intent to File a Lien Statement on the reputed owner of the property and principal contractor at least ten days before recording its Lien Statement and recorded an Affidavit of such service. 22. That there is due and owing the Plaintiff QED the principal sum of Twelve Thousand Nine Hundred Ninety and 49/100 Dollars ($12,990.49),plus interest, costs, attorney's fees, and expenses of litigation. 23. That the Plaintiff QED has a valid Mechanic's Lien in the amount of Twelve Thousand Nine Hundred Ninety and 49/100 Dollars ($12,990.49),which Lien is prior and superior to the interest of all Defendants herein. WHEREFORE,the Plaintiff QED prays for judgment against the Defendant Island Grove in an amount to be determined at trial, together with costs, expert witness fees, interest, and attorney's fees; that the Court decree that the Plaintiff QED has a valid Lien for the sums alleged herein, together with interest thereon upon the Real Property and the improvements described herein; and for such other and further relief as to the Court may seem just and proper in the premises; and WHEREFORE, the Plaintiff QED prays for judgment against Defendant Island Grove that it has a valid Lien for the principal sum alleged herein, which Lien is prior and superior to the interest of all other Defendants named herein; and for such other and further relief as to the Court may deem just and proper in the premises; and • - 3 - • WHEREFORE, the Plaintiff QED reserves its rights to assert a claim against ECS at such time as the Bankruptcy Court either lifts the stay or dismisses its Voluntary Petition in Bankruptcy. Respectfully submitted, Plaintiff QED's address: DOUGLAS . AUER #739 330 Quivas Street Attorney for Plaintiff QED Denver, Colorado 80223 CERTIFICA 1'h OF MAILING The undersigned hereby certifies that a true and correct copy of the foregoing AMENDED COMPLAINT was placed in the United States-Postal Service Mail,postage prepaid, thisMth day of November, 2003, addressed to: Don W. Riske, Esq. Board of County Commissioners Law Offices of Riske &Arnold, P.C. County of Weld P. O. Box 1617 915 10th St. Cheyenne,WY 82003-1617 Greeley, CO 80631 Attorney for Growling Bear Company(Inc.) and Island Grove Regional Treatment Center, Inc. Union Colony Bank 1701 23rd Ave. Greeley, CO 80631 s ) • - 4- A part of Tract"C" Weld County Business Park P.U.D. a subdivision within the City of _ Greeley, County of Weld, State of Colorado, more particularly described as follows: Commencing at the Northeast Corner of Section 31, Township 6 North, Range 65 West of the 6th P.M. and considering the East line of the NE1/4 to bear, South 00°00'00" West, to the East Quarter Corner of said section, with all bearings contained herein being relative thereto; thence along the said East line South 00°00'00" West, a distance of 1,540.00 feet; thence North 90°00'00"West, a distance of 50.00 feet, a point on.the West Right-of-Line of 11th Avenue also being the Northeast corner of Startek property and the True Point of Beginning of this description. • . Thence along the North line of Startek,North 90°00'00"West, a distance of 428.37 feet to a non-tangent point on a curve also being the East Right-of-Way line of"H" Street; thence along said curve to the left having a radius of 804.75 feet, a central angle of 09°11'34", an arc distance of 129.12 feet, the long chord of which bears North 19°23'09" West, a distance of 128.98 feet, to the Southwest corner of Island Grove Regional Treatment Center property; thence along the South line of Island Grove Regional Treatment Center property the following three (3) courses and distances, (1)North 66°01'04"East;.a distance of 77.68 feet; (2)thence South 89°55'16"East, a distance of 67.68 feet; (3) thence North 57°00'00"East, a distance of 196.52 feet, to the Southeast ' corner of said property also being the Southwest corner of the Alternative Home For Youth property; thence along the Alternative Home For Youth property the following two (2) courses and distances, (1)North 57°00'00"East, a distance of 91.35 feet; (2) thence South 88°33'53"Farr, a distance of 91.13 feet, to the South east corner of said property . also being the East Right-of-Way line of 11th Avenue; Thence along said Right-of-Way line, South 00°00'00" West, a distance of 307.65 feet to the True Point of Beginning. • EXHIBIT 11111It call 1111 1111111 111 111111111111 III 1111111111111 3081T76 68106/2003 Q2'.58t Weld Stan Morena Clark a Recorder n5 STATEMENT OF LIEN In acconlance with Article 22 of Title 38 of the Colorado Revised Statutes,See Inc.,d/b/a QED, Inc,makei the following statement of Hem FIRST: That the name of the owner or reputed owner of such property to be charged with the lien is Island Grove Regional Treatment Center. SECOND: That the name and mailing address of person claiming the lien is SFR,Inc.,d/b/a QED,Inc. 1661 West 3n1 Avenue Denver,CO 8O223 ATTN: Michael L Scull a supplier to Eleaaical Contracting Services,Inc.,a subcontractor. That the name of the person who furnished the laborers or materials,or perfdrmed the labor or services,or supplied the machinery,tools,or equipment for which said lien is claimed is SFR,Inc., d/b/a QED,Inc. That the name of the principal contractor is Growling Bear Co.,Inc. THIRD: That the property to be charged with such lien is described as fellows: Weld County Busineaa Park RID,Tract C,Weld County,Colorado also known as street number as 1260 H Street,Greeley, situate in the County of Weld,State of Colorado. That the said lien is held for and cm account of goods,materials and supplies provided by SFR,Inc.,d/b/a QED,Inc.,to Electrical Contracting Services,Inc FOURTH: That the amount of indebtedness due or owing the claimant for which said lien is claimed,for laborers or for material furnished,labor and services performed,machinery,sods and equipment supplied is S12,99O.49,together with interest thereon at tin legal rate. SFR,Inc.,d/b/a QED,Inc. • Claimant _ BY STATE C)FCOLORADO /)L��/�� cl a:d L Scull,Credit Manager sa- City and County of Denver ) I,Michael I_Scull,being of lawful age and being rust duly sworn upon oath,do say that I am Cre&t Manager for SFR,Inc.,d/hla QED,Inc.,the claimant herein named;that I have read the within statement of lieu and abstract of indebtedness and know the contents thereof;and that the same is true and correct,to the best of my knowledge,information and belief,and is made on behalf of the claimant '� . Michael / L Scull,Credit Manager ` to b:.foa me in the my and county of Deaver,State of Colorado,ibis Y?July.2OO3\ 1 MICHELE CpKppvon' 1 1I Act h') Whirs my and official eitta OF criP Notary e IyCorm Expires Nat.-21,2003 Name and Addara atPence Creating Newly Crated Legal Deaaiptim(538-35-106,5.CRS.) 111111111111111111/III/III/VIII//IIIL.._ Ill/III 1775 08/05/2003 02:58P Weld County, CO 2 el 2 R 11.00 D 0.00 Save Moreno Clerk&Retarder. NOTICE OF INTENT TO FILE A LIEN STATEMENT _ • TO THE OWNER AND TO THE PRINCIPAL CONTRACTOR: That Notice that the Lien Claimant set forth on the Statement of lien contained m the reverse of this Notice claims a Mechanic's Lien for laborers or material or equipment supplied to or labor performed on the project sittove upon the real property described on said Statement of Lien,for the amount stated. If payment is not made within ten(10)days,the Claimant intends to record said Statement of Lien in the County wherein the real property is located. This notice is given pursuant to Section 38-22-109(3) • - C.R.S. Nff Sc /�.�� Douglass B.Auer,Esquire chael L.Scull - 1600 Broadway.Suite 2350 SFR.Inc.,d/b/a QED,Inc. Deaver,Colorado 802.02-49M 1661 West 3rd Avenue Amnsyt Na and Addren Denver,Colorado 80223 Nam end Address of Claimant AFFIDAVIT OF SERVICE OA MAILING - OWNER • STATE OFCOLORADO ) CERTIFIED MAIL 7000 1670 0010 3183 8234 • • ) ss. RETURN RECEIPT REQUESTED• City and County of Denver ) The undersigned,being of lawful age and being first duly sworn upon oath,depbs s and says that this Notice of Intent to File a Lien Statement was mailed by fully prepaid certified mat rerun receipt requested,to the last known address of the owner or reputed owner or '. .. Ti:; Wm Island . Grove Regional Treatment Center,1260 H Street,Greed O 8063 t7 • July,2033. . f3J.11s. Subscribed and sworn to before me in the City and County of Deny=,Slate of Cdotado, s .,„s4 - day Of July,2003. My Cohnmasehan expires: a. �i• - � - , i Witness my hand and official seal. . .t . r ,• '_�=�..r - • AFFIDAVIT OF SERVICE OR MAILING - •ONTRACTOR STATE OF COLORADO ) CERTIFIED MAIL 7002 2410 0000 2561 2756 City and County of Diver ) a RETURN RECEIPT REQUESTED . The undersigned being of lawful age and being first duly sworn upon oath,__,;::.. . • says that this Notice of Intent to File a Lien Statement was mailed by fully prepaid• ;- a::., receipt • requested,to the last known address of the principal or prime contrac'.j.•�• ••'ht,• tt own Growling Bear Ca,Inc.,2330 4th Avenue,Greeley,CO :s.. 1,on 2• i• :• r:•sc. .}�r<a • Subscribed and sworn to before me in the City and County of Den .., .. „ :rant eTh day of July,2003. . 4,A• ,• p My Commission expires: ,y,Z,34Qs / ice.• - Whams Wig my band and official seal _ .. _ .\�•.,,..: � As _ _ otary Public AFFIDAVIT OF SERVICE OR MAILING PRIOR TO FILING LIEN STATEMENT STATE CF COLORADO ) • ) sa City and County of Deaver ) The undersigned,being of lawful age and being first duly sworn upon oath,deposes and says that this Notice of Intent to File a Lien Statement was served pursuant to Section 38-22-109(3)C.R.S.,as evidenced by the Affidavits of Service or Mailing,at least ten(10)days before the time of filing the • Lien Statement with the County Cleft and Recorder. - Subsoil and sworn in 'a the City and T ver State of Colorado,this day of 2003. . My Ccgm , -. Witness my., and official saL ..42-o--)-t-t - i, re;.n• \CI o • - -,tee of `J.t' Hello