HomeMy WebLinkAbout790398.tiff COLLATERAL ASSIGNMENT
THIS COLLATERAL ASSIGNMENT Made this first day of
June, 1979 , by CHARLES LYNN KEIRNES , hereinafter referred to
as "Assignor" , to WELD LANDFILL, INC. , a Colorado corporation,
hereinafter referred to as "Assignee" ,
WHEREAS , Assignor has this date purchased from
Assignee all of the assets of Assignee in Weld County, Colorado,
comprising a sanitary landfill business, including certain real
property; water rights; machinery; equipment; contract with
Weld County, Colorado; and landfill site designations , and
WHEREAS , a substantial portion of the purchase price
for said assets is being financed by Assignee and is evidenced
by-apromissory notes secured by a deed of trust, security agree-
ment and various collateral assignments , and
WHEREAS , a portion of the assets conveyed by Assignee
to Assignor include assignment of Assignee ' s exclusive right to
operate landfill sites in Weld County, Colorado as evidenced by
an agreement with the Board of County Commissioners of Weld
County, Colorado and certain landfill site designations issued by
Weld County, Colorado, and
WHEREAS, Assignor desires to secure to Assignee the
right to repossess and reclaim the exclusive right to operate
contract with Weld County, Colorado and the certain site desig-
nations now existing or hereafter acquired so that in the event
of a default in payment of the purchase price by Assignor to
Assignee, Assignee, subject to approval of the Board of County
Commissioners of Weld County, Colorado, may be able to reclaim and
repossess the right to operate sanitary landfills at the existing
sites and locations in Weld County, Colorado.
NOW, THEREFORE, in consideration of the purchase money
loan by Assignee to Assignor , Assignor does hereby assign to
Assignee, its successors and assigns , all contracts , sanitary
TLC) Q:33
790398
landfill site designations and permits entered into with Weld
County, Colorado or issued by Weld County, Colorado as the same
now exist or may hereafter be amended or modified; specifically
including the contracts , leases of sites , and site designations
described in the assignment thereof by Assignee to Assignor of
even date herewith, a copy of which is attached hereto and incor-
porated herein as Exhibit "A" .
1. In the event of a default by Assignor in payment
of a purchase money promissory note, Assignee shall , in addition
to the rights and remedies granted to Assignee by the terms of
the security agreements and deed of trust executed simultaneously
herewith, have the right to enforce the terms of this Collateral
Assignment by resuming or taking over operations at all Weld
County landfill sites, transfer stations, or other such locations
as permitted and designated then by Weld County, Colorado, subject
to the approval of the Board of County Commissioners of Weld
County, Colorado, who shall have the right to approve Assignee
as a new landfill operator in Weld County, and shall have the
right to impose reasonable terms and conditions upon such
operation by Assignee. Any such resumed operation by Assignee
shall be subject to the terms and conditions of all then existing
agreements between Assignor and Weld County. Further , in the
event of a default by Assignor, Assignee shall have the right to
the appointment of a receiver for operation of the landfill busi-
ness in Weld County in conjunction with any receivership ordered
by a Court of competent jurisdiction as such authority is granted
in the purchase money deed of trust of even date herewith.
2. Assignor agrees that any renewals, modifications,
substitutions , or alterations of site designations or contracts
between Assignor and Weld County, Colorado involving sanitary
landfill operations in Weld County shall be subject to the terms
and conditions of this Collateral Assignment and to the effect of
the lien created hereby; provided, however, that Weld County shall
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not be bound to approve Assignee, its successors and assigns,
for operation of a sanitary landfill business in Weld County,
except upon such terms and conditions as Weld County may lawfully
and legitimately impose.
3. Assignor agrees that in the event Assignor assigns
any of his right, title or interest in and to any sanitary land-
fill site designations or contracts with Weld County to any other
person or business entity, Assignee' s written permission must be
first had and obtained, which permission shall not be unreasonably
withheld. In such event, such successor person or business entity
shall cause any agreements or site designations to be added hereto
as additional collateral , subject to all of the terms and conditions
of this Collateral Assignment.
4. This Collateral Assignment may be assigned by
Assignee without the consent of Assignor and shall be binding upon
and inure to the benefit of the parties hereto, their heirs, per-
sonal representatives, successors and assigns.
IN WITNESS WHEREOF, Assignor and Assignee have caused
this instrument to be executed the day and year first above
written.
9 437
Charles Lynn'aceirneS, ASSIGNOR
WELD LANDFILL, INC. , a Colorado
corporation
By.:_I 4. AA , i( Lt'Ge(i`1
Barbara A. Rohweder, ASSIGNEE
The Board of County Commissioners of Weld County, Colo-
rado acknowledge receipt of a copy of this Collateral Assignment
and approve the same, subject to the terms and conditions thereof
prohibiting assignment of any contracts with Weld County, Colorado
or sanitary landfill site designations without the express written
consent of the Board of County Commissioners this istday of June,
1979.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
OR4
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ATTEST: a7 (Zw:"1-" t4tt"'
Weld County Clerk and Recorder
and Clerk to the Board
--74
Deputy (I\
APPROV1Z5 AS TO FORM:
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County Aty meg
Date: G /44-79
APPROVED: 1
7/11
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Date: / �9
STATE OF COLORADO )
ss. .
COUNTY OF WELD )
The foregoing instrument was acknowledged before me this / �
day of June, 1979 , by CHARLES LYNN KEIRNES .
Witness my hand and official seal.
My commission expires : T:l• _< / 7, i "1 '- '.-- -'
---"11',T, 1 _
I_ r i-C;u,-f! A.f.riz
Notary Public
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ASSIGNMENT OF LANDFILL LEASES , SITE DESIGNATIONS
AND CONTRACT WITH WELD COUNTY
IN CONSIDERATION of other good and valuable consideration
and Ten Dollars , the receipt of which is hereby acknowledged,
WELD LANDFILL, INC. , a Colorado corporation, and BARBARA A.
ROHWEDER, PERSONAL REPRESENTATIVE OF THE ESTATE OF RALPH ROHWEDER,
DECEASED, "Assignor" , does hereby sell, assign and transfer unto
CHARLES LYNN KEIRNES, "Assignee" , all of Assignor' s right, title
and interest in and to the following leases, sanitary landfill
site designations, and contract with Weld County.
1. Verbal lease on Prospect Valley Site No. 27 described
as a part of the Southeast Quarter of Section 15, Township 1 North,
Range 63 West of the 6th P.M. , Weld County, Colorado, which is
owned by Henrylynn Irrigation District. Assignor pays $100. 00
per month to George S. Grant to operate the site but no payment
to the landowner. Mr. Grant also receives all revenues and
Assignor receives no revenues from that operation.
2. Verbal lease on Erie Site No. 23 described as a part
of the Northeast Quarter of Section 29 , Township 1 North, Range
68 West of the 6th P.M. , Weld County, Colorado, which, according
to the best information and belief of Assignor, requires payment
of no cash consideration, but is in consideration of landfill
improvements to the site.
3. Written lease entitled Contract to Operate Landfill
between Spencer Feedlots, Inc. and Ralph Rohweder dated December 1,
1976, covering a portion of the Southeast Quarter of Section 21,
Township 7 North, Range 65 West of the 6th P.M. , Weld County,
Colorado, a copy of which is attached hereto and incorporated
herein by reference.
.4. Lease on Windsor Site No. 22fdescribed as a part of
the Southeast Quarter of the Northeast Quarter of Section 32,
Township 6 North, Range 67 West of the 6th P.M. , Weld County,
' Colorado, which provides: George Rosenoff, landowner, receives
$200. 00 per month in advance plus ten percent of the revenue
from the site for the previous month, plus $140. 00 per month for
contract labor. A copy of said lease is attached hereto and made
a part hereof.
5. The following certificates of designation of solid
waste disposal sites issued by Weld County, Colorado:
(a) Certificate No. 22 - Windsor site;
(b) Certificate No. 28 - Fort Lupton site;
(c) Certificate No. 1 - Greeley/Milliken site;
(d) Certificate No. 27 - Prospect Valley site;
(e) Certificate No. 23 - Erie site;
(f) Certificate No. 17 - Eaton site.
6. Sanitary Landfill contract dated July 2 , 1968 (as
modified, amended and previously assigned) between Weld County,
Colorado and Weld County Landfill, Inc.
7. Assignee hereby agrees to assume all of Assignor's
obligations under said leases , contract and site designations
and to pay the rent and to perform all the terms and conditions
thereof in Assignor ' s place and stead, except on Erie Site No.
23 described above unless Assignee actually commences or causes
to be commenced landfill operations or disposal operations on
said site. Except with respect to Erie Site No. 23, Assignee
agrees to indemnify and hold Assignor harmless of and from any
liability, claim or obligation, including Assignor' s attorney' s
fees, arising out of any of said leases, contracts or site
_designations. Assignor agrees to indemnify and hold Assignee
harmless of and from any liability, claim or obligation, includ-
ing Assignee ' s attorney' s fees, to the owner of Erie Site No. 23
arising out of landfill operations prior to the date hereof;
provided, however, Assignee shall be responsible for closing of
the Erie site (except for providing cover) if Assignee determines
that he is not going to operate a landfill on said site. Assignor
shall provide any cover for closing said site to County and State
standards if the same is closed by Assignee.
DATED: u c e / / / /
WELD S,25 FILL, INC. , a Colorado
corporationnch
By �� BY /4.4.f. /�f . ii!C'i(1h/
, Barbara A. Rohweder, President
Barbara A. Rohweder, Per- (Assignor)
zonal Representative of
the Estate of Ralph
Rohweder, Deceased
(Assignor) —2-
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Charles Lyn Keirnes, Assignee
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Pursuant to Resolution of the Board of County Commissioners
Weld County, Colorado, the within Assignment is hereby approved
7
1is 6th day of June, 1979 .
BOARD OF COUNTY COMMISSIONERS
OF WELD COUNTY, COLORADO
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ATTEST: /11 2u
Wald County Clerk and Recorder
and Clerk to the Board
1
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Deputy
APPR0OV/E�/AS TO FORM:
Cou ty orney
Date: 4 jiCp
APPROVED: /'
,'L, �e//11//�7!�
county Fi ance Officer
Date: ��l 7C,
STATE OF COLORADO )
_ss .
COUNTY OF WELD )
_ The foregoing instrument was acknowledged before me this
day of June, 1979, by BARBARA A. ROHWEDER as President of
Weld Landfill, Inc. , and as Personal Representative of the Estate
of Ralph Roweder, deceased.
Witness my hand and official _seal.
My commission expires : -, J
- _\-- i r_ . clAc - r1_e ,,
4 Notary Public
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