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Home My WebLink About861453.tiff RESOLUTION RE: APPROVE AUTHORIZATION FOR HTC ESCROW COMPANY TO RELEASE FUNDS CONCERNING RUE DE TRUST AVENUE IN PARKLAND ESTATES AND AUTHORIZE CHAIRMAN TO SIGN 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, pursuant to the Escrow Agreement between Weld County and Parkland Homeowners Association, approved by Resolution dated October 15, 1986 , the Board has been presented with an Authorization for HTC Escrow, Inc. to release funds concerning Rue de Trust Avenue in Parkland Estates , and WHEREAS, after review, the Board deems it advisable to approve said Authorization, a copy being attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Authorization for HTC Escrow Company to release funds concerning Rue de Trust Avenue in Parkland Estates be, and hereby is , approved. BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is, authorized to sign said Authorization. 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. , 1986 . a. BOARD OF COUNTY COMMISSIONERS ATTEST: 1" '- WELD COUNTY, COLORADO Weld County Clerk and Recorder and Clerk to the Board a qu t ine J h so.,, C airman • BY: / G : a.7, .-Tem Deputy bun y f erk EXCUSED DATE I ' SIGNING - AYE APPROVED AS TO FORM: Gene R. Brantner C. tler • f-45°MCZ-- al°04 W. Kirby ce County Attorney Fr _.�c,. ,_✓ ? ' ' �„ �-.-ia ,:d Qy:" (t Ll 861251 DEC 1 l_986 CLANAHAN, TANNER, DOWNING AND KNOWLTON � J ATTORNEYS AT LAW AT TOR ORN;(••1i17.55 (G SA iSiTIeL ET BARKLEY L. CLANAHAN JAMES t AYERS, JR. DENVER, COLORADO 80203 IRA E. TANNER, JR. SHERYL L. HOWE TELEPHONE (303) 830-9111 RICHARD DOWNING, JR. HARRY S. MORROW TELECOPIER (303) 830-0299 DAVID C. KNOWLTON PETER T MOORE THOMAS C. MCKEE DENIS B. CLANAHAN SPECIAL COUNSEL MICHAEL J. WOZNIAK JOSEPH K. REYNOLDS December 15, 1986 Bruce T. Barker, Esq. Assistant County Attorney Office of County Attorney P. 0. Box 1948 Greeley, Colorado 80632 Re: Escrow Agreement between Parkland Homeowners Association Weld County, Colorado Our File No. 00068. 001 Dear Bruce: On behalf of HTC Escrow Company, Inc. , enclosed find the United Bank of Denver bank statement dated November 28 , 1986 for money market account 840476 in connection with the referenced matter. The signature below of the Chairman of the Board of County Commissioners shall authorize HTC Escrow, pursuant to the referenced Escrow Agreement, to pay off the Homeowners Association' s $25, 000. 00 loan at the United Bank of Denver which was obtained to pay the initial cost of paving Rue de Trust Avenue. Further, said signature shall also authorize HTC Escrow to apply the balance of the funds held in escrow in partial payment of the enclosed invoice number 3795 from Frontier Materials to Parkland for the completion of Rue de Trust. Please call if you have any questions. Very truly yours, James T. Ayers , r. JTA/mjb Encl. MISC2c 861251 Bruce T. Barker, El • December 15 , 1986 Page 2 BOARD OF COUNTY COMMISSIONERS COUNTY OF WELD, STATE OF COLORADO By: ATTEST: 3�tt� •rfr� r "�" j Weld County Clerk and Recorder Clerk to the Board BY: ////// %J 1 • memoRrinDUIR Board of To County Commissioners Date December 24, 1986 COLORADO From Bruce T. Barker, Assistant County Attorney Subordination Agreement and Letter to HTC Subject: Escrow Company for the Paving of Rue-de-Trust in the Parkland Estates Subdivision ' As you may recall, on October 17 , 1984 , the Board of County Commissioners approved a complex deal for the paving of the streets and cul-de-sacs within the Parkland Estates Subdivision. The deal went like this: The Parkland Homeowners Association asked that Board to release approximately $100 ,000 in escrow so that the Association could pave the runway in the Subdivision. In exchange , the Association gave the Board fourteen lots in a Deed of Trust, and an agreement whereby all proceeds from the sale of those lots would be used for the paving of the streets and cul-de-sacs. The Parkland Homeowners Association contracted at that time with Frontier Materials for a three-phase paving program. Phase I was the paving of the runway in 1984. Phase II was the paving of Rue-de-Trust between Weld County Roads 3 and 5, to be completed by November 1 , 1986 . Phase III is the paving of the remaining streets and cul-de-sacs in the Subdivision , to be completed by December 31 , 1989 . Frontier agreed to this arrangement only if after the paving of each phase, the Board of County Commissioners would subordinate its Deed of Trust on the fourteen lots to Frontier to secure the payment of the paving costs. So far, Phase I and Phase II have been completed. The runway was paved in May or June of 1985 . Rue-de-Trust was paved on or about October 27 , 1986. The Board subordinated the Deed of Trust to Frontier for the remaining costs of paving the runway back in the Spring of 1986 . The Parkland Homeowners Association has paid Frontier in total for the paving of the runway, and therefore the first subordination to Frontier has been released. The Parkland Homeowners Association is now asking the Board of County Commissioners to subordinate the Deed of Trust to Frontier for the remaining cost of the paving of Rue-de-Trust which is $44,960. 00 . The Parkland Homeowners Association is also requesting the Board of County Commissioners to approve Jackie' s signature on the letter from Tom Ayres. That letter will authorize HTC Escrow Company to release the $30 , 100 in the escrow to United Bank of Denver and to Frontier Materials. A few months ago, the Homeowners Association took out a loan of $25,000 from the United Bank of Denver to pay Frontier Materials as a deposit for the paving of Rue-de-Trust. The $30, 100 will first be paid to United Bank as repayment for the $25 ,000 loan. The remainder will be paid to Frontier Materials as a reduction of the $44 , 960 . I would a hoard of County Conersioners • Page 2 December 24 , 1986 estimate that the Homeowners Association will have $2 ,000 to $3 ,000 out of the $30 , 100 to pay to Frontier for Rue-de-Trust. Thus , the amount will be reduced to approximately $42 ,000. On Friday, December 39 , 1986 , the Parkland Homeowners Association sold another lot in the Deed of Trust for about $29,500. That amount will be put into the escrow, and it will eventually be paid to Frontier Materials for the paving of Rue-de-Trust. After this occurs, the total amount to be paid to Frontier for the paving of Rue-de-Trust will be reduced to about $12,500. I would therefore recommend that the Board authorize Jackie' s signature on the Subordination Agreement and on the letter from Tom Ayres . <<^ c z truce T. Barker Assistant County Attorney BTB: ss pc" ,r.-..� .. NIP `'�Kl - , T FRONTIER _ .�. was - u 3600 Hwy.52. Erie,CO 80516- Phone 1303)776-8962 INVOICE Sold to Invoice Date Date Description Charges Previous Balance Charges Credits Please Pay This Amount Terms:Due 10 days from invoice date. Finance Charge of 2% per month,which is an annual percentage rate of 24% will be charged on past due accounts. INVOICE NO. CPC Form 143 Direct Inquiries IC: H �. v.{,. .A. �: lifted Bank 1.% I t. ♦Y..Vt' \. Statement For JLJcsi• _�7•: ii.; i t.J274 U(YITEJ MONEY MARKET ACL uNT Bank Telephone Page No. (3)3) 861- 331. 1 1 1 SAFEKEEPING d T% /... i+. CU 1 N C Account Number Statement Date C. /•v1YJ-'H- ) d40 476 NUV 2d, 1'O66 16;j5 J m A'i f SILLT Social Security Number Interest Paid This Year C:ENrO:R -3' 203-1JG1 d4—'Jd93403 IO1.6Z DATE DESCRIPTION WITHDRAWALS DEPOSITS BALANCE BEGINNING BALANCE OCT 31, 1986 .00 11/04 DEPOSIT 29,500.00 INVESTMENT - MONEY CENTER 500.00 30,000.00 11/29 INTEREST EARNED 101.82 30,101.82 TOTAL WITHDRAWALS/DEPOSITS .00 30,101.82 ENDING BALANCE 30,101.82 INTEREST RATE HISTORY LISTED BELOW ARE THE RATES PAID ON YOUR ACCOUNT DURING THIS STATEMENT PERIOD. DATES RATES 11/01 THRU 11/03 5.250 11/04 THRU 11/28 5. 150 CURRENT RATES ------------ AS OF STATEMENT DATE AT UNITED BANK, BIGGER BALANCES EARN HIGHER INTEREST RATES. BALANCE RATE% EFFECTIVE ANNUAL YIELD .00 - 2,499.99 5.150 5.284% 2,500.00+ 5.150 5.284% GIVE THE GIFT OF EDUCATION THIS HOLIDAY SEASON. ASK ABOUT OUR SPECIAL COLLEGE CO AND EDUCATIONAL SAVINGS ACCOUNT! • ESCROW AGREEMENT The undersigned, the County of Weld, State of Colorado, by and through its Board of Commissioners (hereinafter called the "County") , and the Parkland Homeowners ' Association, Inc. , a Colorado corporation (hereinafter called "Parkland") , hereby deposit with H.T.C. Escrow Company, as Escrow Agent, the items set forth in Schedule "A, " to be held by said Escrow Agent subject to the general terms hereof and subject to the special instructions set forth in Schedule "B. " 1. These instructions may not be altered, amended, modified, or revoked except by a writing signed by all of the parties hereto and approved by the Escrow Agent. 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. 3. Any notice required or desired to be given by the Escrow Agent to any other party to this Escrow may be given by mailing the same to such party at the address given below, and notice so mailed shall be for all purposes hereof as effective as though served upon such party in person at the time of depositing such notice in the mail. 4. The Escrow Agent shall not be liable for any act it may do or omit doing 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. 5 . Except as provided in section 2 above, the Escrow Agent is hereby expressly authorized and directed to disregard any and all notices or warning given by any of the parties hereto, or by any other person or corporation, excepting only orders or process of court, and is hereby expressly authorized to comply with and obey any and all orders, judgments or decrees of any court, and in case the said Agent obeys or complies with any such 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. 6. In consideration of the acceptance of this escrow by the Escrow Agent, the undersigned agree, jointly and severally, for themselves, their heirs, personal 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 or corporation by reason of its having accepted the same, or in connection herewith, 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 the payment of its charges and expenses. 7. Wherever herein provision is made for the delivery or return of any items, and, in the opinion of the Escrow Agent, it is impossible or impracticable to make personal delivery or return to the party entitled to the items, the Escrow Agent may mail the same by registered mail, postage prepaid, to such party at his address given below and such mailing shall be deemed delivery or return, as the case may be, and the Escrow Agent shall be relieved of any further responsibility in the premises. SCHEDULE "A" 1 . Initial Deposit: $2,500. 00 received from Parkland. 2. In addition, from time to time, the County and Parkland may deposit with Escrow Agent certain lot sale proceeds pursuant to the Security and Escrow Agreement between the County and Parkland dated October 17 , 1984, a copy of which is attached hereto as Exhibit A. SCHEDULE "B" Special Instructions 1. The purpose of this Escrow is to secure that certain undertaking by Parkland to the County as more fully set forth in that certain Addendum to Parkland Subdivision Agreement dated october 17, 1984, a copy of which is attached hereto as Exhibit B. 2. (a) Escrow Agent shall open and maintain an interest-bearing account with the funds initially deposited with Escrow Agent and shall deposit in said account such additional funds as may, from time to time, be deposited with Escrow Agent by the County and Parkland. 2. (b) Interest earned on said interest-bearing account shall be added to the property deposited in escrow and shall be held and disbursed in accordance with these special instructions. 3. Escrow Agent shall thereafter assign, transfer or convey any of the property deposited in escrow pursuant to written instructions signed by both the County and Parkland. The foregoing notwithstanding, Escrow Agent shall disburse to Parkland, upon Parkland' s sole and exclusive demand, an amount up to the total amount of the $2, 500. 00 initial deposit to reimburse Parkland for said initial deposit. • ESCROW AGENT H.T.C. ESCROW COMPANY By: a— �� . .o . __ • Ira E. Tanner, Jr. , President PARKLAND HOMEOWNERS ' ASSOCIATION, INC. BY: !L/fQ-.e.tt49.ete i President BOARD OF COUNTY COMMISSIONERS COUNTY OF WELD, STATE OF COLORADO By: Cha rm totem n ��jj ATTEST: Lk�,nw1'j`•&l2/r.&t ., , Weld County Clerk and Recorder Clerk to the Board `By* d7ti STATE OF COLORADO 2� ss. COUNTY OF YS The ,oregoinigamtrent was subscribed and sworn to before me by ��ry etaili� {y as President o Parkland Homeowners Association, Inc. , this t3dtday of art 1986. 1i Witness my hand and officio; seal. My commission expires: 713019OA )1 I ;j/; • ., Notarybli >1U 7.; JTA21d ' )); .,\.,�� . 3 CLANAHAN, TANNER, DOWNING AND KNOWLTON ATTORNEYS AT LAW 1855 GRANT STREET BARKLEY L. CLANAHAN JAMES T. AYERS, JR. DENVER, COLORADO 80203 IRA E. TANNER. JR. SHERYL L. HOWE TELEPHONE (303) 830-9111 RICHARD DOWNING, JR. HARRY S. MORROW TELECOPIER 1303) 830-0299 DAVID C. KNOWLTON PETER T MOORE THOMAS C. MCKEE DENIS B. CLANAHAN SPECIAL-COUNSEL MICHAEL J.1VOZNIAK JOSEPH K. REYNOLDS December 24, 1986 Bruce T. Barker, Esq. Assistant County Attorney Office of County Attorney P.O. Box 1948 Greeley, Colorado 80632 Re: Escrow Agreement between Parkland Homeowners Association and Weld County, Colorado Our File No. 00068 . 001 Dear Bruce: On behalf of H.T.C. Escrow Company, Inc. , enclosed find the United Bank of Denver bank statement dated December 31 , 1986 for money market account 840476 in connection with the referenced matter. The signature below of the Chairman of the Board of County Commissioners shall authorize H.T.C. Escrow, pursuant to the referenced Escrow Agreement, to apply the balance of the funds currently held in escrow in partial payment of Invoice No. 3795 from Frontier Materials to Parkland, a copy of which was forwarded to you previously under my cover letter dated December 15, 1986, for the completion of the paving of Rue de Trust. Please call if you have any questions. Sincerely, James T. Ayers , Jr. JTA25d/mjm Enclosures cc: Parkland Homeowners Association (7003L"- BOARD OF COUNTY COMMISSIONERS COUNTY OF WELD, STATE OF COLORADO By: !(_ ATTEST `1 ��tln�i ttn:d• Weld County Clerk and Recorder Clerk to the Board E RAID r• f�l (YlO U Board of TO County Commissioners Data December 24 , 1986 COLORADO From Bruce T. Barker, Assistant County Attorney Subordination Agreement and Letter to HTC Subject: Escrow Company for the Paving of Rue-de-Trust in the Parkland Estates Subdivision As you may recall, on October 17, 1984 , the Board of County Commissioners approved a complex deal for the paving of the streets and cul-de-sacs within the Parkland Estates Subdivision. The deal went like this: The Parkland Homeowners Association asked that Board to release approximately S100 ,000 in escrow so that the Association could pave the runway in the Subdivision. In exchange, the Association gave the Board fourteen lots in a Deed of Trust, and an agreement whereby all proceeds from the sale of those lots would be used for the paving of the streets and cul-de-sacs . The Parkland Homeowners Association contracted at that time with Frontier Materials for a three-phase paving program. Phase I was the paving of the runway in 1984. Phase II was the paving of Rue-de-Trust between Weld County Roads 3 and 5 , to be completed by November 1 , 1986. Phase III is the paving of the remaining streets and cul-de-sacs in the Subdivision , to be completed by December 31 , 1989 . Frontier agreed to this arrangement only if after the paving of each phase , the Board of County Commissioners would subordinate its Deed of Trust on the fourteen lots to Frontier to secure the payment of the paving costs. So far, Phase I and Phase II have been completed. The runway was paved in May or June of 1985 . Rue-de-Trust was paved on or about October 27 , 1986. The Board subordinated the Deed of Trust to Frontier for the remaining costs of paving the runway back in the Spring of 1986 . The Parkland Homeowners Association has paid Frontier in total for the paving of the runway, and therefore the first subordination to Frontier has been released. The Parkland Homeowners Association is now asking the Board of County Commissioners to subordinate the Deed of Trust to Frontier for the remaining cost of the paving of Rue-de-Trust which is $44 , 960 . 00. The Parkland Homeowners Association is also requesting the Board of County Commissioners to approve Jackie' s signature on the letter from Tom Ayres. That letter will authorize HTC Escrow Company to release the $30 , 100 in the escrow to United Bank of Denver and to Frontier Materials. A few months ago, the Homeowners Association took out a loan of $25, 000 from the United Bank of Denver to pay Frontier Materials as a deposit for the paving of Rue-de-Trust. The $30, 100 will first be paid to United Bank as repayment for the S25 ,000 loan. The remainder will be paid to Frontier Materials as a reduction of the $44 , 960 . I would Board of County Comlissioners • Page 2 December 24 , 1986 estimate that the Homeowners Association will have $2 ,000 to $3,000 out of the $30 , 100 to pay to Frontier for Rue-de-Trust. Thus , the amount will be reduced to approximately $42 , 000. On Friday, December 19 , 1986 , the Parkland Homeowners Association sold another lot it the Deed of Trust for about $29 , 500. That amount will be put into the escrow, and it will eventually be paid to Frontier Materials for the paving of Rue-de-Trust. After this occurs, the total amount to be paid to Frontier for the paving of Rue-de-Trust will be reduced to about $12 ,500 . I would therefore recommend that the Board authorize Jackie ' s signature on the Subordination Agreement and on the letter from Tom Ayres . ru"ce T. Barker Assistant County Attorney BTB: ss SUBORDINATION AGREEMENT THIS SUBORDINATION AGREEMENT is made effective this 28th day of October, 1986 , between THE PARKLAND HOMEOWNERS ASSOCIATION, INC. , as owner of the land (hereinafter referred to as "Owner) whose address is 4732 Sylvia Lane, Erie, Colorado 80516 , and COUNTY OF WELD, STATE OF COLORADO, the beneficiary of that certain undertaking by the owner entitled "Assumption of Subdivision Agreement" (hereinafter referred to as the "Undertaking") and secured by a Deed of Trust, whose address is 915 10th Street, Greeley , Colorado 80631 , (hereinafter referred to as "Beneficiary" ) . RECITALS ' The Parkland Homeowners Association, Inc . , the owner of certain parcels of real property situate in the County of Weld, State of Colorado , more fully described as follows : Lots 1, 12 , 13 , 18 , 20 , 21, 22 and 23 , Block 1; Lots 2 and 3 , Block 2 ; Lot 6 , Block 3 ; and Lot 7 , Block 4 , PARKLAND ESTATES , a Subdivision of WELD COUNTY did execute a Deed of Trust dated October 17 , 1984 , to the Public Trustee in and for the County of Weld to secure the Undertaking dated October 17 , 1984 , and payable to Weld County. Said Deed of Trust was recorded on November 16 , 1984 , in Book 1049 , Reception No. 1988865 , of the records of said county. The owner has executed, or will execute, a Deed of Trust and note in the original principal amount of $44 ,960 .00 bearing interest at the rate of 12% per annum, dated October 28 , 1986 , payable to Frontier Materials, Inc. (hereinafter referred to as "Lender") . It is the desire of the parties and to the mutual benefit of all parties that the lien of the Deed of Trust in favor of the Beneficiary be subordinate to the lien of the Deed of Trust for the use and benefit of the Lender. NOW, THEREFORE, for and in consideration of the mutual benefits accruing to the parties hereto , and the promises set forth, and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby agree as follows: 1. The Deed of Trust securing said note in favor of the Lender, together with extensions or renewals thereof, shall unconditionally be , and at all times remain, a lien or charge upon the property described therein which is prior and superior to the lien or interest created by the Deed of Trust held by the Beneficiary. 2 . This agreement shall be controlling with regard to the priority of the Deeds of Trust specified above, and the terms hereof shall supersede any provisions contained in the Deed of Trust for the use and benefit of the Beneficiary regarding subordination. 3 . The Beneficiary has reviewed the terms and conditions of the note and peed of Trust in favor of the Lender , and hereby approves those terms and conditions , together with those terms and conditions of all other agreements between the Lender and the Owner. Beneficiary understands that the Lender is under no obligation to supervise the application of the proceeds received from the Lender, and Beneficiary agrees that an endorsement will be placed upon the Undertaking held by the Beneficiary to the effect that the Deed of Trust securing said Undertaking has been subordinated to the lien created by the Deed of Trust for the use and benefit of the Lender named above. Beneficiary understands that the Lender may not have made the loan or may not have advanced funds to the Owner without this Subordination Agreement. County of Weld, State of Colorado Chairman, Board of County Commissioners STATE OF COLORADO ss. COUNTY OF The foregoing instrument was subscribed and sworn to before in the County of this day of , 19 , by Witness my hand and official seal . My commission expires : Notary Public Address: JTA2d -2- DEC 1 G 1986 CLANAHAN, TANNER, DOWNING AND KNOWLTON ,.�;,. J ATTORNEYS AT LAW \'.i :_. COUNTY `iTY ATTOR:v HierSs gyvkplerEEET BARKLEY L. CLANAHAN JAMES T AYERS, JR. DENVER, COLORADO 80203 IRA E. TANNER. JR. SHERYL L. HOWE TELEPHONE 13031 830-9111 RICHARD DOWNING. JR. HARRY S. MORROW TELECOPIER (3031 830-0299 DAVID C. KNOWLTON PETER t MOORE THOMAS C. MCKEE DENIS B. CLANAHAN SPECIAL COUNSEL MICHAEL J. WOZNIAK JOSEPH K. REYNOLDS December 15 , 1986 Bruce T. Barker, Esq. Assistant County Attorney Office of County Attorney P. O. Box 1948 Greeley, Colorado 80632 Re: Escrow Agreement between Parkland Homeowners Association Weld County, Colorado Our File No. 00068. 001 Dear Bruce: On behalf of HTC Escrow Company, Inc. , enclosed find the United Bank of Denver bank statement dated November 28 , 1986 for money market account 840476 in connection with the referenced matter. The signature below of the Chairman of the Board of County Commissioners shall authorize HTC Escrow, pursuant to the referenced Escrow Agreement, to pay off the Homeowners Association' s $25, 000. 00 loan at the United Bank of Denver which was obtained to pay the initial cost of paving Rue de Trust Avenue. Further, said signature shall also authorize HTC Escrow to apply the balance of the funds held in escrow in partial payment of the enclosed invoice number 3795 from Frontier Materials to Parkland for the completion of Rue de Trust. Please call if you have any questions. Very truly yours, James T. Ayers , r. JTA/mjb Encl. MISC2c Bruce T. Barker, Esq. December 15 , 1986 Page 2 BOARD OF COUNTY COMMISSIONERS COUNTY OF WELD, STATE OF COLORADO By: Chairman ATTEST: Weld County Clerk and Recorder Clerk to the Board By: • _ - w a T . . PRONTIER t .r ]] gyp• ., . u�� • 1 Vi - ` 4,L . 'r 1 41�j fAL�f• �f e. - 3600 Hwy.52. Erie,CO 80516- Phone(303)776-8962 INVOICE Sold to • Invoice Date '— - - Date Description Charges • Previous Balance Charges Credits • Please Pay This Amount Terms:Due 10 days from invoice date. Finance Charge of 2% per month, which is an , annual percentage rate of 24% will be charged on past due accounts. INVOICE NO. -- CPC Form 143 Direct Inqulrles To: LINIFE . EN•Viit*.A• .t1/1 diked Bank • 1706 iH_ Al Statement For 0274 U:vITEO MONEY MAAKET ACCuUt.T Bank Telephone Page Na (333) d61—d311 1 1 SAFEKEEPING HT C =E C: I'•. CU 1%C Account Number Statement Date (viEL2 C:!.JNIY/Prt'a ) 340 476 NUV 2dt 1966 1655 .,. A 1 STET Social Security Number Interest Paid This Year D'c �JL 0 i1 3—i�u1 34—J393403 11 . L DATE DESCRIPTION WITHDRAWALS DEPOSITS BALANCE > 1I r... JALA 11.:_ JCT 31 . 1936 .GG 11%34 I.':ti taT 'c.5i - U!U\2Y L: T:=ii 500.30 3 ,3uJ.JU 11/23 1%T . _ T 1'J1 . J2 36, 1J1. 2 T I;,L , i1JAAALS/ POSIIS .U3 30 , 101.02 30, 1u1.32 --- INTEREST RATE HISTORY LISTED _.LLJ.4 ,Ac THE RATES PAID ON YOUR ACCOUNT DURING [HIS STATEMENT PERIOD. DATES RATE% 11/01 THRU 11/03 5.250 11/04 THRU 11/29 5. 150 CURRENT RATES AS OF STATEMENT DATE AT UNITED BANK, BIGGER BALANCES EARN HIGHER INTEREST RATES. BALANCE RAT=% EFFECTIVE • ANNUAL YIELD .00 - 2.499.99 5. 150 5.284t 2. 500.00+ 5. 150 5 .234% ' JIVE THE GIFT OF EDUCATION THIS HOLIDAY SEASO:J. ASK ABOUT L.F.- R SPECIAL COLLEGE CO AND EDUCATIONAL SAVINGS ACCOUNT! . : � • ESCROW AGREEMENT The undersigned, the County of Weld, State of Colorado, by and through its Board of Commissioners (hereinafter called the "County") , and the Parkland Homeowners ' Association, Inc. , a Colorado corporation (hereinafter called "Parkland") , hereby deposit with H.T.C. Escrow Company, as Escrow Agent, the items set forth in Schedule "A, " to be held by said Escrow Agent subject to the general terms hereof and subject to the special instructions set forth in Schedule "B. " 1 . These instructions may not be altered, amended, modified, or revoked except by a writing signed by all of the parties hereto and approved by the Escrow Agent. 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. 3. Any notice required or desired to be given by the Escrow Agent to any other party to this Escrow may be given by mailing the same to such party at the address given below, and notice so mailed shall be for all purposes hereof as effective as though served upon such party in person at the time of depositing such notice in the mail. 4. The Escrow Agent shall not be liable for any act it may do or omit doing 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. 5. Except as provided in section 2 above, the Escrow Agent is hereby expressly authorized and directed to disregard any and all notices or warning given by any of the parties hereto, or by any other person or corporation, excepting only orders or process of court, and is hereby expressly authorized to comply with and obey any and all orders, judgments or decrees of any court, and in case the said Agent obeys or complies with any such 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. 6. In consideration of the acceptance of this escrow by the Escrow Agent, the undersigned agree, jointly and severally, for themselves, their heirs, personal 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 or corporation by reason of its having accepted the same, or in connection herewith, 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 the payment of its charges and expenses. 7. Wherever herein provision is made for the delivery or return of any items, and, in the opinion of the Escrow Agent, it is impossible or impracticable to make personal delivery or return to the party entitled to the items , the Escrow Agent may mail the same by registered mail, postage prepaid, to such party at his address given below and such mailing shall be deemed delivery or return, as the case may be, and the Escrow Agent shall be relieved of any further responsibility in the premises. SCHEDULE "A" 1 . Initial Deposit: $2 , 500. 00 received from Parkland. 2 . In addition, from time to time, the County and Parkland may deposit with Escrow Agent certain lot sale proceeds pursuant to the Security and Escrow Agreement between the County and Parkland dated October 17 , 1984 , a copy of which is attached hereto as Exhibit A. SCHEDULE "B" Special Instructions 1. The purpose of this Escrow is to secure that certain undertaking by Parkland to the County as more fully set forth in that certain Addendum to Parkland Subdivision Agreement dated october 17 , 1984 , a copy of which is attached hereto as Exhibit B. 2. (a) Escrow Agent shall open and maintain an interest-bearing account with the funds initially deposited with Escrow Agent and shall deposit in said account such additional funds as may, from time to time, be deposited with Escrow Agent by the County and Parkland. 2. (b) Interest earned on said interest-bearing account shall be added to the property deposited in escrow and shall be held and disbursed in accordance with these special instructions. 3 . Escrow Agent shall thereafter assign, transfer or convey any of the property deposited in escrow pursuant to written instructions signed by both the County and Parkland. The foregoing notwithstanding, Escrow Agent shall disburse to Parkland, upon Parkland' s sole and exclusive demand, an amount up to the total amount of the $2, 500 . 00 initial deposit to reimburse Parkland for said initial deposit. 2 • • ESCROW AGENT H.T.C. ESCROW COMPANY By: a- -a \ ________-- • Ira E. Tanner, Jr. , President PARKLAND HOMEOWNERS ' ASSOCIATION, INC. r By: /(t%tttt_etest i S -.)--- -4(�eX President BOARD OF COUNTY COMMISSIONERS COUNTY OF WELD, STATE OF COLORADO By: ,,,///JJJ Cha rm ro fem ATTEST:t = 0 .4;:,w,,,v,tet„ Weld County Clerk and Recorder Clerk to the Board f o 'ays C'7/:-nuf....e...-2 (2 ±4-z-it_ts-) STATE OF COLORADO ) ) ss. COUNTY OF .(,fit ) The rego} nst ument was subscribed and sworn to before me byCi'Yt2Ci ;*Q � as President of Parkland Homeowners Association, Inc. , this z, 1986 . ��day of 0niieti , ' Witness my hand and officia]1 seal. C` My commission expires: 7[3019OA , . )\ } i � Notary,4iblz ,,ii \\ • JTA21d •)_'., , . ' k \\; nni 3 . • CLANAHAN, TANNER, DOWNING AND KNOWLTON ATTORNEYS AT LAW 1655 GRANT STREET BARKLEY L. CLANAHAN JAMES T AYERS. JR. DENVER, COLORADO 80203 IRA E. TANNER, JR. SHERYL L. HOWE TELEPHONE (303) 830-9111 RICHARD DOWNING. JR. HARRY S. MORROW TELECOPIER 13031 930-0299 DAVID C. KNOWLTON PETER t MOORE THOMAS C. MCKEE DENIS B. CLANAHAN SPECIAL COUNSEL MICHAEL J. WOZNIAK JOSEPH K. REYNOLDS December 24, 1986 Bruce T. Barker, Esq. Assistant County Attorney Office of County Attorney P.O. Box 1948 Greeley, Colorado 80632 Re: Escrow Agreement between Parkland Homeowners Association and Weld County, Colorado Our File No. 00068. 001 Dear Bruce: On behalf of H.T.C. Escrow Company, Inc. , enclosed find the United Bank of Denver bank statement dated December 31 , 1986 for money market account 840476 in connection with the referenced matter. The signature below of the Chairman of the Board of County Commissioners shall authorize H.T.C. Escrow, pursuant to the referenced Escrow Agreement, to apply the balance of the funds currently held in escrow in partial payment of Invoice No. 3795 from Frontier Materials to Parkland, a copy of which was forwarded to you previously under my cover letter dated December 15, 1986, for the completion of the paving of Rue de Trust. Please call if you have any questions. Sincerely, James T. Ayers, Jr. JTA25d/mjm Enclosures cc: Parkland Homeowners Association BOARD OF COUNTY COMMISSIONERS COUNTY OF WELD, STATE OF COLORADO By: Chairman ATTEST: Weld County Clerk and Recorder Clerk to the Board By: • DEC 161986 CLANAHAN, TANNER, DOWNING AND KNOWLTON —_ -J ATTORN EYS AT LAW "-L D CSLINTY AT 'CRNEY'$R,cU aLy rprkr BARKLEY L. CLANAHAN JAMES 11 AYERS, JR. DENVER, COLORADO 80203 IRA E. TANNER. JR. SHERYL L. HOWE TELEPHONE (303) 830-9111 RICHARD DOWNING, JR. HARRY 5. MORROW TELECOPIER (303) 830-0299 DAVID C. KNOWLTON PETER T MOORE THOMAS C. MCKEE DENIS B. CLANAHAN SPECIAL COUNSEL MICHAEL J. WOZNIAK JOSEPH K. REYNOLDS December 15, 1986 Bruce T. Barker, Esq. Assistant County Attorney Office of County Attorney P. O. Box 1948 Greeley, Colorado 80632 Re: (1) Request for Subordination of Weld County Note to Paving Contractor, (2) Request for Partial Release of Deed of Trust Our File No. 00068. 001 Dear Bruce: Enclosed find a Subordination Agreement prepared for execution by the Chairman of the Board of County Commissioners to subordinate the County' s Deed of Trust to the newly executed Promissory Note and Deed of Trust given to Frontier Materials upon completion of Phase 2 (Rue de Trust) of the Parkland Subdivision Paving Improvements. Please have the Subordination Agreement executed and then returned to this office for forwarding to Frontier Materials and for recording. Also enclosed please find a Partial Release of Deed of Trust prepared for the County' s signature in contemplation of the closing scheduled for Friday morning, December 19 , on the sale of Lot 5 , Block 4 in Parkland. A copy of the October 9 , 1986 sales contract is also enclosed. The exact time of the closing, to be held in Transamerica Title' s offices at 50 S . Steele in Denver, has not yet been set. The lot sale proceeds will again be deposited to the United Bank of Denver escrow account, account no. 840476 . I will call to let you know the closing time, but if you think you will be unable to attend, because the closing is to occur on such short notice, I would appreciate my receipt of the executed Partial Release by return mail. Bruce T. Barker, Esq. December 15 , 1986 Page 2 Please call if you have any questions. Very truly yours, James T. Ayers, J . JTA/mjb Encl. cc: Parkland Homeowners, c/o Mark Williams (w/encl. ) Frontier Materials, c/o Val McCurdy, Esq. (Subordination Agreement only) MISC2c • • � Transamerica T Transamerica Title Insurance Company Title Insurance Services The printed portion of this form approved by th 3119349 Colorado Real Estate Commission(SS-6o-7-71) STATEMENT OF SETTLEMENT SELLER'Si PURCHASER'S ❑ PROPERTY ADDRESS SELLER PARKLAND HUMFOWNERS PURCHASER DOUGLAS K. HOVERTER ASSOCIATION, INC. , JILL D. HENSHAW A COLORADO NON-PROFIT 2389 IRONTON ST. CORPORATION AURORA. CO 80010 SETTLEMENT DATE 12/19/86 DATE OF PRORATION 12/19/86 LEGALDESCRIPTION: LOT 5, BLOCK 4, PARKLAND ESTATES. . . , COUNTY OF WELD, STATE OF COLORADO. Debit Credit 1. Selling Price 1 30. 000. 2. Deposit, paid to SELLER 500.00 3. Trust Deed, payable to 4. Trust Deed, payable to 5A. Trust Deed, payoff to 5B. Trust Deed, payoff to 5C. Trust Deed, payoff to 5D. Trust Deed, payoff to 6. Interest on Loan Assumed 7A. Title Ins. Premium 115.50 7B. OWNERS COVERAGE : 115.50 7C. 7D. 7E. 8. Abstracting: Before Sale 9. After Sale 10. Title Exam. by 11. Recording: Warranty Deed 12. Trust Deed 13. Release 20.00 14A. Other 14B. 14C. 15. Documentary Fee 16. Certificate of Taxes Due 17. Taxes for Preceding Year(s) 1985 PD. 304.80 18A. Taxes for Current Year 349.21 1-1 TO 12-19 336.7 / 18B. AV 3650.00 X ML 95.674 18C. 352 DAYS .95674/DAY 19. Tax Reserve 20. Special Taxes 21A. Personal Property Taxes 21B. (CONTINUED) • I Page w Debit Credit 22. Hazard Ins. Prem. Assumed —Policy No. * Co. $ Yr. Term Expires Premium $ Days Unused at ¢ per day 23. Premium for New Insurance 24. Hazard Ins. Reserve 25. FHA Mortgage Ins. Assumed 26. FHA Mortgage Ins. Reserve 27. Loan Service Fee (Buyer) 28. Loan Discount Fee (Seller) 29. Interest on New Loan 30A. Survey 30B. Credit Report 31. Appraisal Fee 32A. Water 32B. Sewer 33. Rents 34. Security Deposits 35. Loan Transfer Fee 36. Loan Payment Due 37. Broker's Fee 38. CLOSING FEF 35.00 39. 40. 41. 42. 43. 44. 45. 46. 47. Sub-Totals 1 ,007.27 30,000.( Balance due toitir Seller y8,992.73 Balance due to/from Buyer TOTALS 30,000.00 30,000.( The above figures do not include sales or use taxes on personal property APPROVED and ACCEPTED lkini g/Seller PARKLAND HOMEOWNERS Broker TRANSAMERICA TI tLE 1NSURAN( ASSOCIATION, INC. , COMPAANY, AS AGENT jgl /Seller A COLORADO NON-PROFIT By /D. SC> 1 )-A littnit CORPORATION DELLA A. DAVIDSON ESCROW OFFICER P� /Seller 9Y : S't-c, Mop., I0 /Seller / Ijtg /Seller Form No.C-836 CLANAHAN, TANNER, DOWNING AND KNOWLTON ATTORNEYS AT LAW 1855 GRANT STREET DENVER, COLORADO 80203 BARKLEY L. CLANAHAN JAMES t AYERS, JR. TELEPHONE (303) 830.9111 IRA E. TANNER, JR. SHERYL L. HOWE TELECOPIER (303) 830-0299 RICHARD DOWNING, JR. HARRY S. MORROW DAVID C. KNOWLTON PETER T. MOORE THOMAS C. MCKEE DENIS B. CLANAHAN SPECIAL COUNSEL MICHAEL J. WOZNIAK JOSEPH K. REYNOLDS December 16, 1986 Ms. Karla L. Florence D I�^' United Bank of Denver 1700 Lincoln 11th Floor DEC 2 1986 Denver, Colorado 802742.O ccur, t \\\\1 ; Re: Parkland Homeowners Association Our File No. 01211.016 A-I tTs.. " - == Dear Ms. Florence: This letter will confirm my request of Monday, December 15, 1986, to transfer the sum of $500. 00 from H.T.C. Escrow Company Account No. 484 725 to H.T.C. Escrow Company Account No. 840 476. I thank you in advance for your cooperation and assistance and trust you will call if you have any questions. Sincerely, 62-C3 James T. Ayers, Jr. JTA25d/mjm cc: Parkland Homeowners Association Attn: Mark Williams Weld County Attorney Attn: Bruce Barker • • it° OFFICE OF COUNTY ATTORNI PHONE(303)356-4000 EXT.4:: ?.C. BOX 1S GREELEY,COLORADO 80f ik COLORADO January 7 , 1987 Tom Ayers Attorney at Law Clanahan, Tanner, Downing, and Knowlton 1655 Grant Street Denver, CO 80203 RE: Original of Release from Escrow and Copies of Other Documents Concerning Parkland Estates Dear Tom: Enclosed herein please find the original of your December 15, 1986 , letter with signature by Jacqueline Johnson, Chairman of the Board of County Commissioners of Weld County, authorizing the release of funds from the Parkland Escrow. I have also enclosed copies of the following: 1. Resolution dated December 29 , 1986 , authorizing the Chairman to sign said release from escrow. 2. Resolution dated December 29, 1986 , authorizing the Chairman' s signature on the Parkland Subordination Agreement to Frontier Materials for the paving of Rue-de-Trust in the sum of $44 ,960. 00 . A copy of the Subordination Agreement is attached to said Resolution. 3. Resolution dated December 22, 1986, authorizing the Chairman to sign the Partial Release of Deed of Trust for Lot 5 , Block 4 . That Partial Release has been recorded, and the original will be mailed to the purchasers. 4. Resolution dated October 15 , 1986 , authorizing the Chairman to sign the Partial Release for Lot 3 , Block 4 . A copy of the Partial Release is also included. 5. Resolution dated October 15 , 1986 , authorizing the Chairman to sign the Escrow Agreement between Weld County and Parkland Homeowners Association. • Tom Ayers . • Page 2 January 7 , 1987 I apologize for the delay in sending you the original of the letter releasing funds from the escrow. If you should have any questions or comments concerning this letter or the enclosed materials, please feel free to call me at :356-4000, extension 4391 . Very truly yours, e Bruce T. Barker Assistant County Attorney BTB: ss Enc. i �► CLANAHAN, TANNER, DOWNING AND KNOWLTON ATTORNEYS AT LAW 1655 GRANT STREET BARKLEY L. CLANAHAN JAMES T AYERS, JR. DENVER, COLORADO 80203 IRA E. TANNER, JR. EDWARD DALE PARRISH TELEPHONE (303) 830-9111 RICHARD DOWNING. JR. SHERYL L. HOWE TELECOPIER (303) 830-0299 DAVID C. KNOWLTON HARRY S. MORROW THOMAS C. MCKEE PETER T. MOORE DENI$ B. CLANAHAN SPECIAL COUNSEL MICHAEL J. WOZNIAK JOSEPH K. REYNOLDS -- January 6, 1987 JAN t 1987 Transamerica Title Insurance Co. 50 S. Steele Street Suite 390 Denver, Colorado 80209 Attn: Della Re: Parkland/Hoverter Closing held 12/19/86 Lot 5 , Block 4, Parkland Estates Our File No. 00068. 017 Dear Della: Please advise the current status of making disbursements to the seller in connection with the referenced matter. Sincerely, 2S James T. Ayers, Jr. JTA26d/mjm cc: Parkland Homeowners Association Bruce Barker, Assistant County Attorney CLANAHAN, TANNER, DOWNING ANO KNOWLTON ATTORNEYS AT LAW 1655 GRANT STREET BARKLEY L. CLANAHAN JAMES L AYERS, JR. DENVER, COLORADO 80203 IRA E. TANNER, JR. SHERYL L. HOWE TELEPHONE (3031 830-9111 RICHARD DOWNING, JR. HARRY S. MORROW TELECOPIER (303) 830-0299 DAVID C. KNOWLTON PETER T, MOORE THOMAS C.MCKEE - DENIS B. CLANAHAN SPECIAL COUNSEL MICHAEL J. WOZNIAK JOSEPH K. REYNOLDS January 2, 1986 Gl 7 Bruce T. Barker, Esq. {4 ,JAN 01087 Assistant County Attorney a � pp A Office of County Attorney If P.O. Box 1948 ' 'TORKIIE Greeley, Colorado 80632 Re: Parkland Homeowners Association Our File No. 01211 . 008 and 00068. 001 Dear Bruce: Pursuant to our conversation at the closing on December 19 , 1986 for Lot 5 , Block 4 , enclosed find the confirmation from the United Bank of Denver verifying the transfer of the down payment amount from the Homeowners Association' s account, No. 484-725 to the escrow account with Weld County, No. 840-476. If you require additional verification, please do not hesitate to contact Karla Florence at 863-6205. Also enclosed find our firm check in the amount of $14. 00 to reimburse the County for the cost of obtaining the Public Trustee ' s release of both Lots 3 and 5 in Block 4. Finally, enclosed find another authorization letter for sig- nature by the Chairman of the Weld County Board of County Commis- sioners authorizing H.T.C . Escrow to pay over the balance in the escrow account to Frontier Materials, after the proceeds from the Lot 5 , Block 4 sale are deposited, in partial payment of the Homeowners Association' s Note to them. Please return a fully executed copy of that letter to me for our files at your earliest convenience so that I may make the payment to Frontier Materials. Please call if you have any questions . Sincerely, James T. Ayers, Jr. JTA25d/mjm Enclosures • • CLANAHAN, TANNER, DOWNING AND KNOWLTON ATTORNEYS AT LAW 1655 GRANT STREET BARKLEY L. CLANAHAN JAMES t AVERS. JR. DENVER, COLORADO 80203 IRA E. TANNER. JR. EDWARD DALE PARRISH TELEPHONE 1303) 830-9111 RICHARD DOWNING. JR. SHERYL L. HOWE TELECOPIER (303) 830-0299 DAVID C. KNOWLTON HARRY 5. MORROW THOMAS C. MCKEE PETER T MOORE DENIS B. CLANAHAN SPECIAL COUNSEL MICHAEL J. WOZNIAK JOSEPH K. REYNOLDS January 9, 1987 Mr. Mark Williams Parkland Homeowners Association 4732 Sylvia Lane Erie, Colorado 80516 Re: Transmittal of Check in Partial Payment of Frontier Materials, Inc. ' s Account Dear Mark: • Enclosed please find Check No. 1 drawn on the H.T.C. Escrow Company, Inc. , Weld County/PHA Escrow Account No. 840 476 at the United Bank of Denver in the amount of $5 , 000. 00, made payable to Frontier Materials, Inc. for forwarding to Frontier Materials, Inc. in partial satisfaction and for application against their invoice dated October 28 , 1986 for Job No. 86-074 , identified as Invoice No. 3795 in the amount of $44, 960 . 00 and the Parkland Homeowners Association' s Promissory Note to Frontier Materials, Inc. in the same amount on the same date. Please record the payment in the books of the Parkland Homeowners Association and forward it to Frontier Materials at your earliest opportunity. Please call if you have any questions. Sincerely, • James T. Ayers, r. JTA27d/mjm Enclosure cc: Frontier Materials, Inc. Attn: Joe Turner Bruce Barker, Esq. Assistant County Attorney Weld County • CLANAHAN, TANNER, DOWNING AND KNOWLTON ATTORNEYS AT LAW 1655 GRANT STREET BARKLEY L. CLANAHAN JAMES T AVERS. JR. DENVER, COLORADO 80203 IRA E. TANNER, JR. EDWARD DALE PARRISH TELEPHONE (303) 830-9111 RICHARD DOWNING. JR. SHERVL L. HOWE TELECOPIER (303) 830-0299 DAVID C. KNOWLTON HARRY S. MORROW THOMAS C. MCKEE PETER T. MOORE DENIS B. CLANAHAN SPECIAL COUNSEL 1 MICHAEL J. WOZNIAK JOSEPH K. REYNOLDS January 9, 1987 JAN I :; 1987 FL.D COUNT'( ATTORNEY'S C: ICE Ms. Karla L. Florence HAND DELIVERED United Bank of Denver 1700 Lincoln 11th Floor Denver, CO 80274-0073 Re: Customer No. 633 633 Loan No. 0-016435 Face Amount $25, 000. 00 H.T.C. Escrow Company, Inc. Weld County/PHA Account No. 840 476 Our File No. 00068. 001 Dear Ms . Florence: This letter will confirm our telephone conversation today wherein I requested from you the payoff figure for Loan No. 0-016435 in the face amount of $25 ,000. 00. You advised me that the loan payoff figure as of Friday, January 9, 1987, was $25, 155. 55. On behalf of H.T.C. Escrow Company, I requested that you transfer $25, 155. 55 from Account No. 840 476 to the United Bank of Denver on behalf of the Parkland Homeowners Association, Inc. in full satisfaction of Loan No. 0-016435. I understand that you will be forwarding to me a checking account advice of charge along with the Promissory Note for Loan No. 0-016435 marked "Paid in Full" to me. I also understand that separate arrangements will be made with Mark Williams of the Parkland Homeowners Association for the release of the Certificate of Deposit which constituted the collateral for the loan. • I thank you for your cooperation and assistance and trust that you will call if you have any questions. Sincerely, • James T. Ayers, r. JTA27d/mjm cc: Mark Williams Parkland Homeowners Association Bruce D. Barker, Esq. Assistant County Attorney Weld County • „,;$ 33, firS S OFFICE OF COUNTY ATTORNE PHONE(303)358-4000 EXT.4: P.O. BOX IE GREELEY,COLORADO 80f , • COLORADO June 22 , 1987 James T. Ayers , Jr. Clanahan , Tanner, Downing & Knowlton 1655 Grant Street Denver, CO 80203 RE: Reminder of the Need for Signature on Gordon Lacy' s June 5 , 1987 , Letter Dear Tom: This letter is a reminder of the need for your signature on the letter dated June 5 , 1987 , by Gordon E. Lacy, Chairman , Board of County Commissioners\of Weld County, Colorado. If the Addendum to the Agreement as stated in Mr. Lacy ' s June 5 letter is acceptable to you, I ask that you please sign the same and send both originals back to Mr. Lacy for his signature. I also ask that the ETC Escrow Company provide the Board of County Commissioners of Weld County with a monthly balance statement for the escrow concerning Parkland Estates Subdivision. If the monthly statements cannot be provided, quarterly statements will suffice. If you should have any questions or comments concerning this letter , please feel free to call me at 356-4000 , extension 4391 . Very truly yours, Bruce T. Barker Assistant County Attorney BTB: ss ; l IA( June 16, 1987 " 70 e ec- Weld County Engineering P.O. Box 758 Greeley, Colorado 80632 Dear Sir: We recently completed installation of the natural gas mains in the Parkland Estates Subdivision at Weld County Road 5. and Rue De Trust. We had installed six road crossings in Rue De Trust lasTfall before the road was paved. Though we backfilled with road base and compacted the trench (approximately 8" wide) we did experience same settling of the trenches and a very slight depression in the new asphalt at each crossing. The Parkland Estates Homeowners Association have agreed that they would rather not have the new asphalt cut out to repair the trenches. We would then agree to repair the depressions in these areas if the condition worsens within five (5) years. We have made only the original six (6) road cuts and would be responsible for the asphalt only in these places. I understand that if the Parkland Estates Homeowners Association agrees to this, the Weld County Engineers would also agree. Darrell Hartigan, Ngr. Rocky Mountain Natural Gas Parkland Estates Homeowners Weld County Engineering Feu t;,,,. • DEPARTMENT OF ENGINEER N( *;• PHONE(303)356-40C • , P.O. BOX 75 GREELEY,COLORADO 8063 "lige COLORADO August 19, 1987 Darrell Hartigan Rocky Mountain Gas Company Inc. P. 0. Box 437 Frederick, CO 80530 Dear Darrell: This letter is regarding the trench failures which occurred on Rue-de-Trust in Parkland Estates. We would like it to be noted that our tests indicated the backfill was contaminated with clay soils with high moisture content. This type of soil will not properly compact, but tends to remain spongy and pump. This we felt was the cause of the trench failures. Since Weld County will be eventually responsible for maintenance of Rue-de-Trust, it should be up to Weld County Engineering to determine whether the trench areas have become worse within the five year time limit. If this is agreeable please use this letter as an attachment to your letter signed by the Parkland homeowners and yourself. This letter will act as Weld County's agreement set forth in your June 16, 1987 letter with the inclusion of Weld County Engineering being the inspecting force. If I can be of further assistance please feel free to call. Sincerely, Alan Miller Utility Inspector AM/bf Hello