HomeMy WebLinkAbout20110548 RESOLUTION
RE: APPROVE RESCINDING RESOLUTION#2010-2899, DATED DECEMBER 13,2010,AND
APPROVE CORRECTED PETITION FOR ABATEMENT OR REFUND OF TAXES -
COLORADO FRONT RANGE HOLDING COMPANY,C/O DARREL ADOLF/COLORADO
COMMUNITY BANK
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 #2010-2899, dated December 13, 2010, the Board approved a
Petition of Abatement or Refund of Taxes for Colorado Front Range Holding Company, do Darrel
Adolf/Colorado Community Bank, in the amount of$5,719.95, for 2009, and denied the petition for
2008, and
WHEREAS, after review, the Board deems it advisable to rescind Resolution#2010-2899,
dated December 13, 2010, and
WHEREAS, the Board has been presented with a Corrected Petition of Abatement or
Refund of Taxes, and
WHEREAS, the Board of County Commissioners of Weld County, State of Colorado, at a
duly and lawfully called regular meeting held on the 28th day of February, 2011, at which meeting
there were present the following members: Chair Barbara Kirkmeyer, and Commissioners
Sean P. Conway, William F. Garcia, David E. Long, and Douglas Rademacher, and
WHEREAS, the Board of County Commissioners have carefully considered the attached
corrected petition, and are fully advised in relation thereto.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that Resolution #2010-2899, dated December 13, 2010, be, and hereby is,
rescinded.
BE IT FURTHER RESOLVED that the Board concurs with the corrected recommendation of
Christopher Woodruff,Assessor and the petition be and hereby is, approved, and an abatement or
refund be allowed as follows:
CORRECTION
TO ASSESSED ABATEMENT TAX
VALUATION OR REFUND YEAR
$0.00 $0.00 2008
$43,500.00 $3,675.48 2009
Pei 2011-0548
3 ! / AS0077
CORRECTED TAX ABATEMENT PETITION - COLORADO FRONT RANGE HOLDING
COMPANY, C/O DARREL ADOLF/COLORADO COMMUNITY BANK
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 28th day of February, A.D., 2011.
BOARD OF COUNTY COMMISSIONERS
WE COUNTY, COLORADO
ATTEST: ,. 1L�1�
r aC�'v :arbara Kirkme er, hair
Weld County Clerk to th=7�:%< -
P.
By.o/J y ne Sean P. Cgaw , Pro-Tem
Deputy Clerk to the Boar:
t
WO li G iu•d
APP AS TO F cs..
David E. Long
yA orney es.
/// Douglas Rademac er
Date of signature: -- /c/�)//
2011-0548
AS0077
u J rxr
PETITION FOR ABATEMENT OR REFUND OF TAXES Q
EI L ( UutcibiYweld 4ataRscelved p[O/O -� o 1
•f - RC Nians$tisors or Commissioners'Date Sump)
201 � ietl i- . 5 _.. l RECEIVED
L:: �•'d� 21lctlb}I 1(yl�}titioner,please complete Section 1 o21y
Date: 07-22.2010
Month Day Year ': UL
J II 2 L
2 2010
Petitioner's Name.Darrel Adolf Go Colorado Community Bank WELD COUNTY ASSESSOR
Petitioner's Mailing Address: GREELEY"COLORADO
YUMA CO 80759
City or Tows State Zip Cede
SCHEDULE OR PARCEL NUMBER(S) PROPERTY ADDRESS OR LEGAL DESCRIPTION OF PROPERTY
R3200504 23000 State Highway 257,Milliken,CO
Petitioner states that the taxes assessed against the above property(or properly lax year(s)2008 and 2009
are incorrect for the following reasons'. (Briefly describe the circumstances surrounding the Incorrect value or tax.
Attach additional sheets if necessary.)
Lease was terminated on August 24, 2007 At that time building p4 became the railroads properly. See
attached Lease and termination.
Petitioner's estimate of value: S 875,592 12008 )and $875.592 (2009 ) .4%
Value Year vawa rear
Petitioner requests an abatement or refund of the appropriate taxes.
I declare,under penalty of perjury in the second degree,that this petition,together with any accompanying exhibits
or statements,has been prepared or examined by me,and to the best of my knowledge,information and belief,is
true,correct,and complete.
Daytime Phone Number) )
Petitioners Signature
By L0..AA -r tk G4X) Daytime Phone Number)9701 23) - f I
O 67 3
Agent's s''"'"I)
231-(L,&73
'Letter of agency must be attached when petition Is submitted by an agent.
If the board of county commissioners,pursuant to section 39-10-114(t),or the property tax administrator,
pursuant to section 39-2.116,denies the petition for refund or abatement of taxes In whole or in part,the
petitioner may appeal to the board of assessment appeals pursuant to the provisions of section 39.2.125
within thirty days of the entry of any such decision,§39-10-114.5(1),C.R.S. ;tir
Section II: Assessor's Recommendation
(For Assessors Use Only)
Tae Year 200" Tea Year
a teal Af•—i 1'L Actual 9aasaas La
n teal /024 S2' 2n77 v5� -L7I : 2_/02%)5997 Z2.472.4772.,9ZS/301
Original to
s i
c«reaed
-'2 : '? . ' 2 , . . 7 ,,:, ?76- S9z 253Fzo/ VS-7
�l
�J — -
r /So ago rf3 ,jO0 3 6 e, 4
uatetaefvnd
Assessor recommends approval as outlined above.
No protest was Tiled for the year(s): or If a protest was Aced,please attach a copy of the NOD.)
0 Assessor recommends denial for the following reason(s):
senors. Depu '.sesaora "rj tare
15SDPLAR No.92088106
FOR ASSESSORS AND COUNTY COMMISSIONERS USE ONLY
(Section III or Section IV must be completed)
Every petition for abatement or refund filed pursuant to section 39-10-114 shall be acted upon pursuant to the provisions of this section by the
board of county commissioners or the assessor,as appropriate,within six months of the date of fling such petition,§39-1-113(1.7),C.R.S.
Section III: Written Mutual Agreement of Assessor and Petitioner
(Only for abatements up to$1,000)
The commissioners of County authorize the assessor by Resolution No.
to review petitions for abatement or refund and to settle by written mutual agreement any such petition for
abatement or refund in an amount of one thousand dollars or less per tract,parcel,or lot of land or per schedule
of personal property,in accordance with§39-1-113(1.5),C.R.S.
The assessor and petitioner mutually agree to the values and tax abatement/refund of:
Tax Year
Actual Assessed Tax
Original
Corrected
Abate/Refund
Note:The total tax amount does not include accrued interest,penalties,and fees associated with late and/or delinquent tax payments,if
applicable. Please contact the county treasurer for full payment information.
Petitioners Signature Date
Assessor's or Deputy Assessor's Signature Date
Section IV: Decision of the County Commissioners
(Must be completed if Section III does not apply)
WHEREAS,The County Commissioners of County,State of Colorado a duly and lawfully
called regular meeting held on / / ,at which meeting there were prese a following members:
Month Day Year
with notice of such meeting and an opportunity to be present having be given to the taxpayer and the Assessor
of said County and Assessor (being present—not present)and
Name
petitioner (being sent--not present),and WHEREAS,The said
Name
County Commissioners have carefully considered the ' in petition,and are fully advised in relation thereto,
NOW BE IT RESOLVED,That the Board(agrees oes not agree)with the recommendation of the assessor
and the petition be(approved—approved in p —denied)with an abatement/refund as follows: I/
Year Assessed Value es Abate/Refund Sqe
()IV
.1V /^'
rif
Chairperson of the Board of County Commissioners'Signature
I, County Clerk and Ex-officio Clerk of the Board of County Commissioners
in and for the aforem tioned county,do hereby certify that the above and foregoing order is truly copied from the
record of the pro dings of the Board of County Commissioners.
IN WITNESS HEREOF,I have hereunto set my hand and affixed the seal of said County
this day of
Month Year
County Clerk's or Deputy County Clerk's Signature
ote: Abatements greater than$1,000 per schedule,per year,must be submitted in duplicate to the Property Tax Administrator for review.
Section V: Action of the Property Tax Administrator
(For all abatements greater than$1,000)
..Ion o - Board of County Commissioners,relative to the within petition.i ,hereby
❑Appro I Approved in part$ ❑DerScl for the f riving reason(s):
•
LJ. Agrri VA/ 'IyJ/l
93
Secretary's Signature, Properly Tax Administrators S- na eate�/
15-DP - No.92066/06 (t tr
Elizabeth Strong
From: Esther Gesick
Sent: Tuesday, February 22, 2011 9:12 AM
To: Elizabeth Strong; Chris Woodruff
Cc: Tonya Disney
Subject: FW: Modification of BOCC Abatement Resolution
Elizabeth - I think we will need to list this as a corrected Resolution on the Agenda. By copy on this message, I'm asking
Chris W. to send us a corrected petition or documentation to support the change and then we can list it on the 2/28
Agenda.
Chris—If your staff can have the corrected documentation to us by the end of the day Thursday, we can add this to the
Agenda for next Monday and follow up accordingly with the State.
Thanks!
Esther E. Gesick
Deputy Clerk to the Board/Office Manager
915 10th Street
Greeley, CO 80631
tel: (970) 336-7215 X4226
P P I 13 II
�Cl
W E 0../CIO'VN Tv
u
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for
the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise
protected from disclosure. If you have received this communication in error, please immediately notify sender by return
e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the
contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
From: Jennifer VanEgdom
Sent: Tuesday, February 15, 2011 10:23 AM
To: Chris Woodruff
Cc: Esther Gesick
Subject: FW: Modification of BOCC Abatement Resolution
Chris,
Esther Gesick in the Clerk's office should be able to help you with this. I am copying her on this email so that she has the
background information.
Thanks.
Jenny VanEgdom j I Assistant to the Board of County Commissioners I I Weld County, Colorado I I
(970) 336-7204 I 1915 10th Street, 3rd Floor, Greeley, Colorado 80631 www.co.weld.co.us
2011-0548
i fl i 1 Q 1 1
W -COUNTY
Confidentiality This electronic transmission and any attached documents or other writings ore intended only for the person or entity to which it is addressed
and may contain information that is privileged,confidential or otherwise protected from disclosure.If you hove received this communication in error,please
immediately notify sender by return e-mail and destroy the communication.Any disclosure,copying,distribution or the taking of any action concerning the contents of
this communication or any attachments by anyone other than the named recipient is strictly prohibited.
From: Chris Woodruff
Sent: Tuesday, February 15, 2011 10:21 AM
To: Jennifer VanEgdom
Subject: Modification of BOCC Abatement Resolution
Jen,
We made a mistake in calculating the amount of tax to abate for Darrell Adolph Schedule R3200504 which the Board
heard on 13 Dec 2010. I would like to get them to correct the resolution and the amount to be refunded. How do you
think I should do this?
Thanks
Christopher M Woodruff
Weld County Assessor
1400 N 17th Ave
Greeley, CO 80631
(970) 353-3845 ext 3697 (phone)
(970)304-6433(fax)
cwoodruffpco.weld.co.us
W ECtadc 4 V N
u
Confidentiality Notice:This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed
and may contain information that is privileged,confidential or otherwise protected from disclosure.If you have received this communication in error,please
immediately notify sender by return e-mail and destroy the communication.Any disclosure,copying,distribution or the taking of any action concerning the contents
of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
2
MFY-29-2039 L^9:20 Fr ar:CCLO COfM 9K JT�IX �... P.2�i2
i
Rug 24 07 02r32a •pE i 10 .rive .?4-lei WO C(,m•lL° I
- P.7
co.
.wI Mx,
PARTIES:
THIS LEASE, made thiC !cr __„dey of. EEteebtrr . __ 1e Sci
between THE GREAT WESTERN RAILWAY COMPANY, • Col brad,
Corporation hereinafter called Lac,or,
WE
and STERN INTERNATIONAL CRAIN CO. what.*
Andress^ia—rib 1717Mi" flYTE"i7E;`nregrreti-IIff tr. hc.air after
called Lessen,
WITNESSETHT
That in consideration Of covenants herein Specified and the -
rental to be paid by Logan, Lester does hereby lease unto Les as
certain real property, located in RCCTIOM 10, TAN, 8674 VCLp COUNTY,
COLORADO AS SNDVN ON ATTACHED NAP IN RED.
DESCRIPTION A PARCEL 201 nr win, DY 1A MIT DEEP I
It is agreed between the parties berates
gi3Fa
1. Lessee onoll vco and occapy trio premieae solely for the
purpose oft VARENOUSE
TERM S. WIT
2. To hold the deli sod premieec for and during the term
of ONE YEAS _from SCPTENLCR 1, IRA9 _t0 AUGUST 37_,_ �yT 1 (unlace
sooner terminated as hereinafter pravtdeel for the rent or
Gum of 6330.00 PER YEAR , payable /nfd,il:MYW in advancsl./ihd/Lh1/41
Nddti//d7'-__._� rt t,,• v^4 of g,,. mows*
„ o.
L7 j)�inuri/th.ua
sea : .,a ` `' g'e'ts^ , .v _nCl-� NL"
Lae-CWc-aost voca••i,y ,•A>>,h,a y.` '-^n"'-^n" p.wsy
y , /0
AOCITIONgL RENTS
7.. Lessee shall reimburee i.eeeor, an additional rental, all lm
_real estate taxes and special acsecement• levied against the
Promises and all coots of or charges far water, sewage,
electricity, nest and other utilities furnished to the
Promise, and paid by Lessor, within thirty CO37 days after
presentation to Le••ee of bills there-Fare. Lever reserves
the right to periodically adluot the base rent heroin any
time after the expiration of twelve (121 months, by giving
notice of such adjustment to Lessee at least sixty COO) days .
prior to the effective date of eueh adjuotment. Ad)uotmd
NRY-29-2APA 09:20 From:COL0 COhM BK 701N . 9n-bB75165 To:5E72709 P.3/12
Buy 24 07 C2,32p `
p.8 .4
rent shall not be IedS than tho immediately previous base
rant increased by the Coneumero Price Index. Continued
occupation by lessee after ouch effective data shall ba at
such adjusted beta rental. Periodic rant may be similarly
adjusted thereafter.
APPROVAL CK PL.AN%, YRA�C LLEARANC:
4. League, prior to erecting any structure on the Premises,
shall Submit a plan to, and coture approval in writing of,
Lessor. Lessee chalk not erect or place Or allow to be erected or placed on the Promisee, any buildings,
structure', fluteree or obstructions of any kind, either
temporary or permanent, within eighteen (1$) feet of the
centerline of nearest track over which Lessor operates.
unless consent of Lessor shall hereinafter bo obtained;
presided nothing in the foregoing shall bo conotruld to
permit any clearance less than the minimum required by any
applicable law or regulation.
F'(RF PREVENTION
Z. Lassos shall make no electrical 1natallations or alterations
in and to the improvements or electrical circuits (whether
for power, light, host or ether purposes) located on the
Promises except by a duly licensed aleetrician, and shall
bola no installation of natural gas, propane, kcroEofa or
other combustion fuel heating or [oozing units, except by
licensed heating or cooling contractor; and no such
alteration or inetallatl0ne shall be made without Lessor's
prior written approval.
ORDINANCES, REGJJIATIONS CTc.
6. Lessee, at Lecsse's solo cost end expense, ohall comply with
all applicable ordinances, rates, regulations, requirements
and laws of any Governmental authority having jurisdiction
aver the Promises or Lsaeos'c intended uto tneraof,
including but not limited to zoning, health, safety,
building Or environmental matter„ Lessee snall supply
Lessor with copies of letters or certificate; of approval o4
lessees use.
(al Looses shall further defend, indemnify and hold Lessor
harmless from any violation thereof, any penalty, levy.
fine or assessments therefrom, and all costs of defense
of or eeapliance with any citation, order or violation
noticecal, including any such penalties, levies, fines,
assoccmenti, compliance or remedial charges arising
after termination of this lease.
MA INIENANCF_MeorR$ jqt Co5T6
7. Lesvos will not create or permit any nwi Ganes In, on or
.'W-292009 09:20 Frsm:COLO COMM 6K STOWN 970527518E 7o:5872789 P.4'12
Pup 24 07 O2,32p p,9
r
about the Premises, and Lessee shall maintain the Premi Gob
in a neat and clean condition. Buildings and other
structuros of Lassos shall be erected end/or
maintained en the Promises by Losses to the
satisfaction of this lease.
(al Lessee will not make, or permit to be made, any
isorbuemantS or alterations to the Promises without the
written consent o4 Lender. Approval by Lessor of
any improvements or Installation% cads by Lessee, or
failure of LNier to object to any work done or material used, or the method of construction ;r
installation, shall net be canetrued as an adeiesion of
responsibility by Le9Sor or as a waiver or any of
Lassee'a obligations under this lease.
(b) All work performed by Lessee, or LOSeee'5
eantraetor(s), pursuant to Section 8, shell be subject
to the written approval of LoaOOr'S Precidont or his
duly authorized representative.
SERVICE UTILITI£9
8. Leaser will b® gas, newago,gatiOn to electricity.nish heat,ho0rroother
isee
with waes an, ppli
asrvicss and supplies that may op necessary or desirable in
connection with lsaeee's utle end occueancv of the Promlass.
ADaACENY AREAS
9- Eucopt as provided in Section 10 hereafter, Lessee Shall not
use, far utility line or otherwise, any property of Lessor
other than. the Premiss* herein leased without first
obtaining Lessor's prior written Consent and complying with
all roouiraments of Lasgar applicable thereto.
INBRt$ PNP £PREES
10. Lessee shall have the right to use, in common with Lesser
and others authorized by Leaser, ;misting drivowaytcl or
other property
fram the Prem[
designated by
oO, or shall be
Lessor Lessoa moans of Ingress
and ogress under- no
obligation with respect to the condition or maintenance of
'aid driveway(si or other property, and Lessee's use of pan
mall to oubject to all of the dovenantc, term' and
conditions of this leave.
PIPE AND WLRF. LINES
I1, Lessor shall at all tines have the right to maintain and/or
construct, and to permit othe ; t pipe and/Or d/
to
a tain in/nanor
construct, overhead and/or underground
or e the
re
lines now or hereafter installed upon Premises, and to use, repair renew and remove the same.
MAY-29-2309 09:21 From:COLO Conn 8K JTOWN 97U5U15106 To;5872iH9 P.5'12
(4,424 07 02732p p. 10
•
CLAIM OP TITLF
12. Lessee shall not at any time own or oldie Any right, title �p
or interest in or to the PremterC. nor shall the exorcise of.4;I`1
this lease for any length of time give rice to any right,
title or interact in or to the Premises, other than the
leasehold herein created.
MECHANIC-6 LIENS
10. Leosoe shall pay all debts incurred to, and shall cotisfy
all Banc of contractors, suocontractore, mechanics.
laborers and materlalaon in respect to any construction,
attrition andtor repair in and to the demised Promise ,
and
any improvements thereon, and small indemnify, defendand
hold Lessor harmless against all legal costs and charges,
including counsel fees reaeonaoly incurred, in any peit
involving any lien, the enforcement thereof, or encumbrance
caused by the same, with reapoct to tho Preaisae or any part
thereof. Further, Loosae shall have no authority to create
nny lienal n or Against int:r. tg In tneor or Promie s, and oshalt specify Lessor's
in 411
contracts.
TLRM INAT[0N NOT1
•
•
19. This loose may be terminated by either party at any time not
loss than thirty
registered SyCert l y e G writing tent by'
Certified mail to the party. However,
in the event of a breech b4 any of the eovenanto, tarot and
condittono hereof by Lessee, Leesar shall have the right to
terminate this Lean immodiately.
ns in leauc
Cal notirot and
addressed tommLoseorioor concerning
Lessee
e at their
respective addresses hereinabeve oat forth, or at such
other addresses es dither party may dotignate in
writing to the other party.
PPHOuAL
15. Upon termination of this lease, by expiration of tors or aqy �`\
other reason, Lessee shall remove, at ene's ceaf, and ]I/�\}
Lresor•a a nnl discretion, all buil nos or structures
(except tracks, ral)—lcil ties and other designated
property of Luesorl, within the time specified in any notice
of termination or at the latest within fifteen 1131 days
` after such termination. In effecting such removal. trio
Prerdses sha11 be restored by Lessen to a condition
satrunteranryand facilities ((whether on themoysurface all
rpY-29-2209 09:21 From:COLD COPT) BK STOWN 9705875_66 To:587270J P.6'12
Rug 24 07 02:3Ze p. 11
'
underground) to ground level, and tho filling of all
eweavotichs and holes, which shall to tamped, Compacted and
graded uniformly. 14 Lmceee shall fail to make the removal
In tno manner and time sot forth herein, after notice to do
so, Lessor may remove said buildings, structures and/or
facilltiee and make said restoration, all at the sole risk,
coot and capons, of Lessee, and may aloe dispoco of any
rosewood items without necessity to account for the dame or
to give further notice to LeSdes.
Isl If Lecdso shall fail to make removal of any ouch
property, Lessor shall have the further option to elect
and notify Lesson that all right, title and interact of
Lessee in certain buLldingtsl, atructure(s) and or
facllity(io ), shall be forfeited and shall vest
abeolutely in Lessor as of the date of notico of such
election.
REFUND
18. In the evont that Lessee prepays monthly or annual rentals
in advance, and this leaseis terminated by notice of eitnor
party !other than for broach or cause), Lesepr ■ha11 refund
to Lesson the proration of any prepaid base rental and taxes
paid in advance, which Locsee 'hell accept in full
settloment, aotisiaction and discharge 04 the remainder of
the tor, or pariad) pROv10PQ, however, Loseoo shall not be
entitled to such refund when the cumulative total involved
is less than One Hundred Dollars (0100.001.
LIAPTLITV TNCHMNLTv
17. Lessee hereby assumes, bnd releases and waives any right to
ask for or demand damages for or en Account of, any loss of
ar damage to property of Lessee or any part thereof.
including 1048 of nr interference with shy 1100 or servlca
thereof, on or about the Premises and upon any access
driveway provided under Section 10, whether caused by,
arising out of or resulting in any manner from the fault,
4.iluro or negll gone of Lessor or otherwise.
(al Lessee hereby assumes, and ret000e and .meows to
protect, savo harmless, defend end indemnify Lessor
from and against( (1) all Soso of and damage) to any
property whatsoevar, other than maid property of
Losses, but including property of Lessor end all other
person whomsoever, and the Ides of or interforemaa with
any usa or service theroofi 12) on loss and damage an
account of injury to or death of onV Person whomsoever,
including, but not limited to employees and patrons of
the parties hereto and all other parsone whomsoever;
and 13) all Claims and liability for such lone and
damago and cost and eapenooa thereof caused by arising
MR'-29-2009 09:22 From:COLO COMM BC JTO.iN 9705875105 To:5872789 P.7/12
Ru_b 24 07 02:33p p. 1E
\DUI
out of or roeultinp in any manner iron: the condition,
existence, us0 or occupancy df the premises is and
es and
adjoining lands of Lessor whether Cawing by,
out of or resulting from the fault, failure or
noyliperep of Lefler or otherwise.
ISO5OR
18. The term "Lessor" es used in Section 17, snail include any
other company or ceapanice whoa* property at the afore^,aid
location may bo tomcod or operated by Lessor. Said term
aLso 'hall include any parent companylies), eubGidierylleel
or affiliatele) Of LOscor,and the oarvants, agents or
employe02 Of said parent company des), subeidiary(iasl r
affiliate(S) of Lessor, and shall also include tenants,
lessees or licensees of Lester ether than the Lesaee herein
referred to.
ytfsuRprIce LIABILITY AND PROPERTY
19. Prior to commencement of occupation or woo of the promise'
for aCtivitios provided herein, Lessee, at its talc cost and
o'pensa, shall °recure, one shell maintain during the
continuance of tho louse, Public ,Liability Insurance
covering liability assumed by LOSGOO under this lease, in
limits of not loco than 0l^OnO.00bodily injury
and(_Linn.( F_ property ',omega per occurrence. Lessee shall
turniOn Lescer'a President at Taylor evanue Shops, P. 0. Sou
357, Loveland, Colorado] 00539, a certificate of Lnourance
referring to this lease by data, nano of Lector, description
of 1CAGO anc Ioeation covered. Tho certificate shall be
endorsed to provide for thirty (30) days' notice to said
President prior to termination of or change in the coverage
provided. If a higher limit of liability is required by
LQGGOr, Lessor shall provide Lessee written t, ay
notico of the
Unit roquirsd, and within thirty
'reprise ohall provide revised certificate of insurance for
tho increased required limit. Furnishing of this ira nce
e
by Locoao shall not limit Lessee's liability under
leases but shall be additional security therefore.
(a) 14 Lsesoe contracts for new construction
or
structural
alterations to the Praxises, onstru o provide a
r
shall eau,* its contractor to provide. at no Coat to
Lessor, (,roteCtive Liability Insurance designating
Lessor as named insured. with a limit of net lose than
TWO MILLION
DOLLARS % subject SIX hILLJCNDOLLAR 156,000.000) aggr gate lim
to a
for all bodily injury and property damage occurrence%
during each annual policy period. If the construction
or alterations involve an egpesure tp train operations I
on tracks of Lessor, the protective liability insurance A
shall bo on the PAR-AA5H1t Fora of Railroad Prgtectivo 1111
Snaerang4• 'The original protective Liability paliCy
-MAY-29-2009 09;22 From:COLD COMM BC JTCAN 9705875186 To:58727E9 e.2'i2
AuC 24 ❑7 02:33p • p. 13
shall be submitted to and approved by Loeser's
Provident, Taylor Avenue Shops, P. O. Box S37,
Loveland, Colorado 00539, prior in commencement of the
Construction or aLterations. Said address shall bo the
named inaured'c address for the purpbco of all notice•
from toe insurer.
Fl1NDCrMAYIBN
20- Should the Premises Dr any part thereof be condemned,
appropriated and/or acquired for public use, then this
learn, at the option of the Looser, shall terminate upon the
date when the Premised or part thereof shall be taken. No
poo Lessee, except
to rt of any the extent d of ag any eo dspecific hawarde t
from the gpvernmental
authority for inprovemento and/or facilities of Lb66ee.
Lessor's land oha11 be valued as of such date Or
other
legal dote of valuation) as vacant land, wi other
consideration of this lease of Lessee's imprevomant5 on said
land, if any, as an enhancement or detriment to said lend
value. Improvements and/or facilities of Lessee not Cc
condomned, apprbpriated and/or acquired shall be removed in
'accordance with Section 14 norocf.
SUCCESEPRS,Ah9 ASEIGN5
The term:, covenants and prcvLelons hereof shall inure to
the benefit of an be binding upon the sueceosaro of Ledcor
and the suoe0asors and eastern of Lessee.
fa) However, Leeson Shall not transfer, assign, encumber or
Sublet this lease or any part of the Premises or any
rights and privileges heroin granted except to a
subsidiary. parent or Common controlled affiliate.
This covenant shall aloe apply whether much Sale or
transfer is bade voluntarily by Lswaes or involuntarily
in any proceeding at law or in equity to which ihi Le Lessee
may be a party wnerwty any of the rights, utiarr an,
obligattena of Lassos shall be cold,
conveyed, encumber, abrogated or in any manner altarod,
without the prior notice to and consent of Lessor. In
the event Of any much unauthorized sale. transfer,
♦seignmmnt, sublease or encumbrance Of this lease, or
any of the rights and privileges hereunder, Lessor at
its option, May immediately terminate rittenthis nitthis ise of
se by
giving Laccee Cr any such dncignee
suer termination, and Lector may thereupon enter and
retake posceasion of the Prgmices.
BANKRUPTCY FIf3NTS
(b) It is expressly understood and agreed that in the event
of any assignment for the benefit of creditors, or in
the event a petition in bankruptcy shall be filed by
MAY-29`2209 09:22 From:COLO COMM BK JTLLN 97053375186 To:SaT'799 P.9'12
RuC 2f l77 h2:33p p.14
Lec0.00, or if Lacaee shall be adjudged bankrupt or
incolvont by any court, or if a trustee in bankruptcy
or a receiver of Lessee's Property
Shall
appointe,
in any suit or proceeding brought by or ll ebee
tand if at ouch time tni% lease is in default by Losoee.
than and in sue% event Loeser, at its Option, may 111
terminate this lease at the and of the following month
by notice,. or C21 may request affirmance or refection
of this lease under Sac, 365 of the BankruptcyeA, or
giving Lessen or any ouch assignee.
otice uch fore election. 14^Lasses, or e such taeeigneapor r n or d
reciver eraivsr,
fails to elect affirmance and fails to furnidh adegUate
a,0uranco of Correction of existing debt and continued
pore rmanca under the lease, Leonor may
al lnaapply
plyatol tho
ot
appropriate court far and Order comp
Lessee. If Ledoeo or sue. assignee, tremovo Or
receiver shall
Promisee, esin Secti t it Shell
on 14. above. If Lessee or such
aosignae, trustee or receiver %hall affirm this lease,
it %hall thereupon of all
rentals from th
bound all
tehee date of
hereof.
including payment
• Lesser's ntlti Co of pcmand for election and remedies of
Lessor for nonpayment or other breach as hereinabove
(including the provisions of the Section 71, (.7.
4VERn0lLLfl
22. It in understood and agreed that this lease Is executed by
all parties under current interpretations pof,any
yor and
d't all
applicable Federal, State, County,
Statute, ordinance, or law, Further, it is understood and
agreed that each and every ;operate division (paragraph,
clause, item, term, condition, covenant or agreement, herein
contained shall have independent and severable statue from
each other separate division, or comba tn thereof, for
any of,for
the determination of legality, so t if
division heroin is determined to bounconstal,
illegal, violative of trade or cpmmorde, in COrtraventien
of
public policy, void, voidable, invalid or unenforceable far
any reason, that poparate division shall bn treated am a
nt.itty, but such holding or determination shall have no
effect upon the validity of enforceabilltV of oath and ovary
v°y
other Separate division herein contained, or any
r
combination thereof.
priaa H- WASVSR
2 if under the proyieion0 hereof Lessor shall institute
d a hell be
made, the tamee compromisesettlement
shall not constitute .a thereof
permanent ors°eneral
waiver of any covenant herein contained nor—o4 any of
broach's rights hereunder.vunant. ccotlen or agreement herein
waiver by
Landlord Of env
broach of any covenant, ond
MAY-Es-2009 09:83 +rem:COLO 0711 OK JTOiJN 9725875186 To:5672+89 P.10,12
Aug 24 07 02:34p p. 15
contained shall operate ad a permanent waive of wuch
covenant, condition, or agreement by itself,
o or receipt
of any
fco
subsequent breach hereof. No paymentr
by Lander of a lesser mount than the monthly inoracet
of rant heroin stipulated shall be doomed to be other than
an account of to earliest stipulated rent. Nor shall any
endorsement or
otatement t n any Check
deemed r anadaccordy
ing
a check for payment of rent bo and
satisfaction, and Lessor may accept Such Check or payment
without prejudice to Leaoor'm right to recover the balance
of such rent or to pursue any ether remedy provided in this
lease. NO re—entry by Lesser after a breach shall be
considered en acceptance of a surrender of the lease.
SECURITY DEP99IT
24. Lessee shall deposit with Lessor upon omeeution of this
lease the Cum of 116 ,.09 ac security of tessea'e faithful
perforaance of Lessee's obligations hereunder. If Lessee
. fails to pay the Rant or additional Rent due hereunder, or
otherwise defaults' with respect to any tore, covenant,
condition or provision of this tense, Lessor may use, apply
or tho sit of retain al or any
Rot, dOitionalti Renton f o' other ocharge r the
indofa payment
ut or
+Dr the payment of any cue to ienlector
or rb C yp beceeoom
entitled by reason of Laasoe's default,
Lessor for any lc= or damage which Lesser may ffer
er
thereby. If Loeser so Vsee or app lice ell or any portion
the D000tit, Lessee shall, within ton (103 days after
amount nsuffi�cient therefor,t deposit
with Deposit t Lavath in uln
amount, and Lessee's failure to do so shall be an
t7 Event Or
Default. Lessor shall not be required to keep
lt
separate from its general accounts. LF Lecete perforce all
of Lessee"s Obligations hereunder, the Deposit, or au murh
thereof am has not r by
Lecoor. shall be returned,
.without
w bean s o
ithoutpayment of inter applied
estfor
its use, to Lessee et the expiration or eoener termination of tho eo has Premises,Ymutest onthat noe and refund will after Obe made in vacated
any amount
lass than TWENTY^FIVE ie25.00) DOLLQRe.
(a1 Lessor pay apply mach payment of Pont or dditi.onal
Rant or service chard* when received in such order as
Lessor night determine. No payment shall operate an an
accord and satisfaction notwithstanding any statement
or endorsement accompanying such payment. Each payment
shall bo deemed received by Lessorwithout preju ce
to
its right to collect any yal payments ty
due from Lessee.
ENVtRDMNENTPL COMPLIPNn
25. Lessen represent that it ham conducted a complete inspection
_ MRY-29 x"0O9 09:23 From:COLO COMM BK JTfy1N 9705975166 Tr:58727E9 P,11/12
Rug 24 07 02:34p p. 10
gNT7RR AGREEMENT
:7. Tho entire agreement betwoen Lessor and Lessee is not forth
in this leaGQ. and there are no understandings, agreements,
or reprecentationc of any kind between the parties, verbal
or otherwise,
n s tease. No
modification of any Of tho Covenants,
change orterms or
previsions herogf shall bo valid unless in writing and
Signed by the parties hereto.
IN WITNESS WHEREOF, the parties f heretothe a
hays caused
year fi
rst thick seoto lea
se to
be executer', in duplicate, day s
written-
WITNESSES! THE GREAT N@STERN IL AY
•
President A r $ J -
-------- - -----
MAY-29-20e5 09:23 Frum:COLO COMM BK JTOW1 9'05975186 To:5P72709 P.12'12
-- 1 l I \ $.
3 =1 d�o5
�.
2 'q is
"` , . 1' 1, I
le
I
P
g.
l•$
41u[„^-. la�7 t.d ne9.i:S0--3"—% d_ an 0L.,0' +
4t,
9'd 00•LGI
.J
I \ NN
I
:~'
•
-- ----1-- 7 =-I " ► I
It �ti N .
0:it
Ir
I9. 'y'14t LOi
tbd„N 1 0 LY L01
AVE, :•9 Xi I `I 1
r a
I� � eu,ze•w
y tin
AVE. 1^ tO I ' • i/*
14
�y O f
L1 d 4,E:ZO GO t2 t H
L / • 4. •
_IL_
-ir
LarlDraic
LandRail,LLC
252 Clayton Street
Denver,CO 80206
January 4,2002
Re: Lease number 501 of September 1, 1989 between the Great Western Railway of Colorado
and Western International Grain
CERTIFIED MAIL
Mr.Bill Bowlds
Colorado Community Bank
10 Angove Avenue
Johnstown,Colorado 80534
Dear Mr.Bowlds:
A review of year end accounting records had determined your check number 9329 for $2,880
was sent for payment of a terminated lease. The lease of September 1, 1989 between the Great
Western Railway of Colorado and Western International Grain was terminated on August 24,
2007.
Please fmd enclosed refund check number(0000037738)for 82,880.
Sincerely,
riu:. MEMO LandRail,LLC p of pages L in
From.`
-A �"
oc r.'n C m may Fax cf Johnstown l.�""�'
Ph: 9r.. -0,--160 Fax 970.58T5186
Letter of Authorization for Property Tax Matters
I/We,the undersigned,as the owner of the property listed below located in Weld County,delegate the
agent listed below full authority to handle all matters relative to assessments and to represent me/us,
with the assistance of legal counsel if necessary,in the appeal process for taxyeartn Niel 2- /0
Darrel Adolf
Agent Name
AU correspondence regarding my/our appeal of the value of the property listed below should be directed to:
-Dct r e I A(1( I
clb CtIorc&CIe Cchirvlitr lei Bank-
1300 -Bread Stree
Mi E I Ur) 1 c' )(5'3 -_
Owner information: }
Property Owner Name C•d or_ d u 1 GI'} �p hCJe, IAA In j C,C .
Please Print V
Property Owner Signature j �� „3/f///,Date I -- ` 9 -- l ()-
Property Information(Please attach additional sheets as necessary)
1. Parcel 4t and/or Account 2P l��I5C�Z
Property Address neo i Ft% 2. l Mi I h Y.t'n ( t' cA05`3
2. Parcel#and/or Account# 32C'P D( Y-4
Property Address
3. Parcel#and/or Account# Qr ta �S l'`�ti
Property Address ,
4. Parcel# i
and/or Account# 2u{VIS
Property Address
5. Parcel#and/or Account#
Property Address
s
r 7 xg
c a 4- m.
c m r;
N O U Si
J Z N ^it'l
4 _ bE
a3 a" °
r C n n' i
d
j r� i
k1} 1 V
t J � t
li •4•. :- ./ :5.-
■`4 '
cm
O.
03
2 III _=
yq
r
C y . (" 71'(' y _< r
M _
U n Oi 1:-.rppt t
i di 7 F
t r ' it•`C 1 ix 4 4' r�
3 .r it �iYl Era
70.O
L `� t,.3s.�lAtisn^--. .0....,.._';nW.N` w i :?'➢ si b
a < r $ T I 4,v p O}O , yq
it
u$Z
' 2 a 'ka 1, 3,5,r 5 n a
,r R°c¢trrG�, 0.`!°ntErk t , • .'$ s ki +Y. .i
O + NHI
t.e ,f5S g {I .t Y i z"
V . 1
JL
•
Lana n Drll_ ,
It htaaaf pre 4 Pae....9 Sar.74 414A
ma
Coni/V
February 8,2008
&74-1535
Mr.Greg Hause
28963 Weld County Road 72
Gill,CO 80624
Mr.Bill Bowlds
Colorado Community Bank
10 Angove Avenue
Johnstown,CO 80534
VIA CERTIFIED US FIRST CLASS MAIL
Re:Lease Number 501 dated September I, 1989("Lease")between The Great Western Railway
Company n/k/a Great Western Railway of Colorado,L.L.C.(Lessor)and Western International Grain Co.
(Lessee);Lease of real property located in Section 10,T4N,R67W,Weld County,Colorado
Gentlemen:
I am writing on behalf of Lessor regarding the captioned Lease.A copy of the Lease is attached for your
reference.As you are aware,the Lease was terminated by Lessor by a written thirty day notice to Lessee
dated August 24,2007 from Dave Vassallo of LandRail as agent for Lessor("Notice").
Pursuant to the Lease and the Notice,Lessee was to have removed all structures and facilities from the
leased premises.As this has not occurred,this letter shall serve as notice that Lessor hereby exercises its
option under Section 15(a)of the Lease to elect and notify lessee tut all right,title,and interest of
Lessee in all buildings,structures and facilities located on the leased premises are forfeited and shall vest
in Lessor as of the date of this letter.Please forward all keys,access codes/cards,and all other items and
information relating to access to and security of the premises and the structures on and improvements
thereto that are in your possession or control to my attention.
I am informed that there has been discussion of removing a warehouse on the premises.By this notice,
you art hereby instructed that no building,structure,facility,or improvement of any kind located on the
premises is to be altered or removed in any manner.
If you should have questions regarding the foregoing,please contact me directly.
truly yam.
Wi nerd
General Counsel
SOS.Steele Street Suite 374`Denver,CO 80209
Phone:(303)398-0400•Fax:(866)365-8546*Email:into@landrail,com'
46 Ice: 0 CLERK TO THE BOARD
PHONE: (970)336-7215, EXT.4226
F5 100)352-0242
91 915 107H STREET
P.O. BOX 758
' GREELEY,COLORADO 80632
C.
COLORADO
November 18, 2010
COLORADO FRONT RANGE HOLDING CO
C/O DARREL ADOLF-COLORADO COMMUNITY BANK
1300 BROAD ST
MILLIKEN CO 80543
RE: SCHEDULE NUMBER: R3200504
Dear Property Owner:
This is to advise you that the Weld County Board of Commissioners will hear your petition for
abatement or refund of taxes on the property described as:23000 State Highway 257,Milliken,CO.
The meeting is scheduled for December 13, 2010, at 9:00 a.m., in the First Floor Meeting Room,
Weld County Centennial Center, 915 10th Street, Greeley, Colorado.
The Assessor is recommending that the Board both deny(2008)and approve(2009)your petitions.
You are not required to be present at this hearing; however, this is your opportunity to have your
position heard, especially if your position is opposed to the Assessor's recommendation. If you
intend to submit any documentation in support of your position for this hearing, all such
documentation must be submitted to the Office of the Clerk to the Board and to the Weld County
Assessor's Office at least seven calendar days prior to the meeting date in order for it to be
considered at the scheduled hearing.
If you have any questions concerning this matter,please do not hesitate to contact me at(970)336-
7215, Extension 4226.
Sincerely, (
C C_
Tonya Disney
Deputy Clerk to the Board
cc: Assessor
Darrel Adolf
C/O Colorado Community Bank
1300 Broad St
Milliken CO 80543
6 CLERK TO THE BOARD
PHONE: (970)336-7215, EM.4225
FAX: 352-0242
91510T 10T H STREET
P.O. BOX 756
GREELEY, COLORADO 80632
1119€i
COLORADO
January 7, 2011
COLORADO FRONT RANGE HOLDING CO
C/O DARREL ADOLF-COLORADO COMMUNITY BANK
1300 BROAD ST
MILLIKEN CO 60543
RE: SCHEDULE NUMBER: R3200504
Dear Property Owner:
On December 13, 2010, the Board of Weld County Commissioners considered your petition for
abatement or refund of taxes and denied same for the year 2008.
Pursuant to Section 39-2-125(f), C.R.S., you have the right to appeal this decision to the State
Board of Assessment Appeals within thirty days. You may obtain the appropriate forms and
instructions from:
Board of Assessment Appeals, Department of Local Affairs,
1313 Sherman Street, Room 315
Denver, CO 80203
Phone: 303-866.5880
In preparation for appealing to the State Board of Assessment Appeals you may also go to the
following state link to obtain any further information you may need to proceed,
http://www.dola.state.co.us/baa/index.htm
Very truly yourrs,,p uP J
Tonya Disney
Deputy Clerk to the Board
cc: Assessor
Darrel Adolf
do Colorado Community Bank
1300 Broad St
Milliken CO 80543
Hello