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Home My WebLink About20102899.tiff SOLUTION RE: APPROVE, I :T, PETITIO FOR ABATEMENT OR REFUND OF TAXES — OLOR• i % -RON GE HOLDING COMPANY, CIO DARREL ADO " COLORAIOCOMMUNITYBANK WHERE , th- :oard . nty Commissioners of Weld County, Colorado, pursuant to Colorado statute the 'le a Co nty Home Rule Charter, is vested with the authority of administering the affa' s of eld '.unty, Colorado, and WHEREAS, the Bo`1 of Count Corn issioners of Weld County, State of Colorado, at a duly and lawfully called re• . lar meeti heft on the 13th day of December, 2010, at which meeting there were present qe folio •ng members: Chair Douglas Rademacher, and Commissioners Sean P. Conway, illiam F. Garcia, Barbara Kirkmeyer, and David E. Long, and WHEREAS, notice of such meetin• - d an opportunity to be present has been given to the taxpayer and the Assessor of said Count, with said Assessor, CJaristopher Woodruff, being present, and taxpayer Colorado Front Ra e - Holding Company, c/o Darrel Adolf/Colorado Community Bank, not being present, and WHEREAS, the Board of County Commission -rs has carefully onsidered the attached petition, and is fully advised in relation thereto. NOW, THEREFORE, BE IT RESOLVED by the B.-rd of Cou Commissioners of Weld County, Colorado, that the Board concurs with the reco •mend on of the Assessor and the petition be and hereby is, approved, in part, and an abated- t or refund be allowed as follows: CORRECTION TO ASSESSED ABATEMENT TAX VALUATION OR REFUND YEAR $0.00 $0.00 2008 $43,500.00 $5,719.95 2009 `j\-c t, (aoo') ASR - , peI C.aoa) �5"III 2010-2899 cdt,. (\SR, (red (aben) AS0075 1 - a-1 -tl 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 13th day of December, A.D., 2010. BOARD OF COUNTY COMMISSIONERS *g Eae, 4 WELD COUNTY, COLORADO ATTEST:� a.r- ugla Radem a cher, Chair • — Weld County Clerk to the B.t r• 'I / CA 1 �® ^. . --•arbara Kirkmey r, Pro-Te BY. , ,/(P' 1 :�Z.G1 ��iti �� Depcit Clerk t the Board I Sean P. C a J APP L. %F D AS T �2 it m . Garci ounty A to ney David E. Long Date of signature: ‘\y u 2010-2899 AS0075 Tee// PETITION FOR ABATEMENT OR REFUND OF TAXES .Ei_D C 0iSE Dtytweld t-..-, l,r_,.'4at Go/e1ceived c0� — 0549 JI ; - ' -- (UVCitts pSsor's or Commissioners'Date Stamp) i i l if - 145 r -( RECEIVED ' ,j 21 �ctib}t II�titioner,please complete Section 1 oltly 17 - t Date: 07-22-2010 Month Day Year JUL 2 2 x)010 ..'_w dlJ l_ G L Petitioner's Name:Darrel Adolf Go Colorado Community Bank WELD COUNTY ASSESSOR Petitioner's Mailing Address: GREELEV COLORADO VUMA CO 80759 City or Town Stale Zip Code 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 for property tax 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#4 became the railroads property. See attached Lease and termination. 7 Petitioner's estimate of value: E 875,592 ( 2008 )and $875,592 ( 2009 ) Value Year Value Year 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 f Icy, n Petitioner's _SSiig�nattturee / —7 By J v OCC4�/ Daytime Phone Number J gip) 23) ' �b 1 3 Agents SignaturFJ 2 3)_ Le-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(1),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. Section II: Assessor's Recommendation (For Assessor's Use Only) 0O,6 Tax Year � Tax Year o O 4 Actual Assessed Tax Actual Assessed Tax / 023 "Z 2477- i:%L' 2- /c41 L / � ,. : 29-7 '72c' :77.17-, > V Original / 7 i / i A , 25 c Corrected Z Y ? -1 (9 ' r /" - 1 ?� / � .. .. Abate/Refund I 3-0 pc, U) s"a 779, Assessor recommends approval as outlined above. No protest was filed for the year(s): or (If a protest was filed,please attach a copy of the NOD.) ❑Assessor recommends denial for the following reason(s): A . " lessor's Depu/kaki) sessor'sS' lure 15-DPT-AR No.920-66/06 2010-2899 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 filing such petition,§39-1-113(1.7),C.R.S. Section III: Written Mutual Agreement of Assessor and Petitioner (Only for abatements up to S1,000) 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 Tax Year Actual Assessed Tax 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. Petitioner's Signature Date Assessor's or Deputy Assessor's Signature Date Section IV: Decision of the County Commissioners (Must be completed if Section Ill does not apply) WHEREAS,The County Commissioners of County,State of Colorado,at a duly d lawfully called regular meeting held on / / ,at which meeting there were present the folio ' g members: Month Day Year with notice of such meeting and an opportunity to be present having been given tot taxpayer and the Assessor of said County and Assessor eing present--not present)and Name petitioner (being present--no resent),and WHEREAS,The said Name County Commissioners have carefully considered the within petitio nd are fully advised in relation thereto, NOW BE IT RESOLVED,That the Board(agrees—does not a e)with the recommendation of the assessor and the petition be(approved--approved in part—denied) h an abatement/refund as follows: Year Assessed Value Taxes Abate/Ref d Year Assessed Value Taxes Abate/Refund adimerit Chairperson of the Board of County Commissioners'Signature County Clerk and Ex-officio Clerk of the Board of County Commissioners in and for the aforementione ounty,do hereby certify that the above and foregoing order is truly copied from the record of the proceedings the Board of County Commissioners. IN WITNESS WHE F,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 Not . Abatements greater than$1,000 per schedule,per year,must be submitted in duplicate to the Properly Tax Administrator for review. Section V: Action of the Property Tax Administrator (For all abatements greater than$1,000) e action of th Board of County Commissioners,relative to the wi{hirJ petition, reby A Appr ed in part$ enigd for the w'ng (s)'. � aAat ! . Secretary's Signature Property Tax Administrator's Si na a Date 15-DPT- 0.920-66/06 -� • MRY-29-2009 09:221 From:CCLO COMM BK JT�l � �., . ... P.2/12 Rug 24 07 02132? nest( BATH 2 _mu -- 70 ?Jyv H 1°.9 fliaf Oa All rixr PARTIES: THIS LEASE, made this lir _ day 04. S1ptemb r ;MEAT between THE EAT WESrERN� RAILWAY COMPANY, a Colorado Cerporatien hereinafter called Lessor, and WESTERN INTERNATIONAL CRAIN CO, aadrens ie__rr1"T711 '7 ," ,'nrtL+" nt A1YAb'AirrCflrar herein after called Lessee, _. -- -- - W I TNEEESETHT That in consideration of covenants herein specified and the rental to be paid by Lessee, Lessor does hereby lease unto Lesmoe certain reel property, located in SECTION 10, TAN, llA7W WCL➢ COUNTY, CCI.ORA00 AS SHOWN ON ATTACHED NAP IN RED. DESCRIPTION A PARCEL 201 PEE1' WIDE fly 70 ABET DEEP It is agreed between the parties hereto: La • 1. Lessee phpll w00 and occupy trio promisee solely for thu purpose of a tAREIIOUSE TERM i ReNJ]' 2. To hold the demised premises for and during the term of ONE YEAR from SEPTEMBER ly 19A9 _te AUGUST 37-T—1792 (unless sooner terminated as hereinafter provided; for the rent or um of $33u.Oo PER YEAR , payable hddaltM�li in advance./ild/head 64 kidkE!/d7_-.. __ ti at ^ `• -r #ln .on fwr#od r_bne. mani.m1v ran+;sor_r.rk na4. i'ljewin' ,' mumuhd by t'-e Face-the-most rore„t1 Y 3 a:.•-partotl. t.- nnpuzONgL, RENTS 3. Losses shall reimburse la sor, as additional rental , all . real estate taxes and special assessments levied against the Promises and ell cots of or charges for water, sewage, electricity, heat and other utilities furnished to the Premises and paid by Lessor, within thirty (30) days after presentation to Lessee of bills therefore. Lapeer reserves the right to periodically adjust the base rent herein any time after the expiration 04 twelve (12) months, by giving notice of such adjustment to Lessee at least sixty (SO) days prior to the effective date of Quch adjustment. Adjusted MAY-29-2009 09:20 From:COLO COMM BK JTDNN • 9705875186 To:5872789 P.34.2 • Flu; 24 07 02132e . ..--- ` p.8 rent shall not be leas than the immedietwly previous pace rent increased by the Consumers Price Index. Continued occupation by Lessee after much effective data chaIl be At such adjusted bats rental. Periodic rant may be similarly adjusted thereafter. APPROVAL or PLANS. TRACK CLEARANCZ A 4. League, prior to erecting any structure on the Premises,, shall Submit a plan to, and cocure approval in writing aft Lessor. Lessee shall not erect Or place ar allow Co be erected or placed on the Premises, any buildings', etructuroa, fixtures or abetructiens of any kind, either temporary or permanent, within eighteen (1$) feet of the centerline of nearest track over which Lessor operates, unless caneent of Lessor shall hereinafter be obtained; provided nothing an the foregoing shall bo construed to permit any clearance less than the minimum required by any applicable law cm- regulation. FIRS PREyENTION S. Lasses shall make no electrical inotallatibns or altorations in and CO Cho improvements or electrical circuits (whether for power, light, boat or other purposocl located on the Promisee except by a duly licensed electrician, and ohall ,riaks no installation of natural gas, propane, kereGene or other combustion fuel. boating or cooling units, except by litanies heating or cooling contractor; and no such alteration or inttallationa shall Pe made without LeOdor'S prior written approval. ORDINANCES. RFGQL TIONS .ETC. 6. Lessee, at Leosae's sole cost and expense, shall comply with all applicable ordinances, rules, regulations, requiramento and laws of any Governmental authority having jurisdiction over the Promised or Leesee'o intended use thereof, including but not limited to zoning, health, safety, building or environmental matters, Lessee shalt supply Lessor with copies of letter= or certificates of approval of Lessee's use. (al Lessee shall further defend, indemnify and hold Lessor harmless from any violation thereof, any penalty, levy, fine or ass■ssmente therefrom, and all costa of dofones of or compliance with any citation, order or violation noticeCsl , including any such penaltiac, levies, fines, as$occmenta, compliance or remedial charges arisino after termination of this lease. MAINTEllie PgIRS riso COSTS • 7. Lemons will not create or permit any nuisanCG In, on or MRY-29-2009 09:20 From:COLO COMM BY. STOWN 9705875186 To:5872789 P.9'12 R u�r 24 ❑7 02: 32m p.8 1I ; about true Promises, and Lasso* °hall maintain the Premises to a neat and clean condition. Buildings and other structures of Lassos shall be erected and/or maintained on the PrOmisss by Lessee to the satisfaction of this lease. (a] Lessee will not rake, or permit to be made, any improvements or alterations to the Promises without the written con°ant of Lec5er. Approval by Lessor of any improvsmonta or installation% made by Logone, or failure of Lessor to abject to any work done or material aped, or the method of construction ar installation, ahall not he construed a0 an admission of responsibility by Lessor or as a waiver or any of Lessee's obligatiOn5 under this lease. (b) All work performed by Lessee, or Lessee's contractor(s) , pursuant to Section 6, shall be subject to the written approval of Lessor's President or his duly authorized representative. SERV;Ciz, IJy11.ITIES 8_ LCGcor will be under no obligation to furnish the Premioes with water, gas, sewage, electricity. heat, or other acrvices and supplies that may bo necessary or desirable in connection with Loesee'o uoa end occupancy of the Promises. ADJACENT AREAS 9- Eucopt as provided in Section 10 hereafter, La9'9ae Shall not use, for utility line or otherwise, any property of Lessor other than the Premises nor-air leased without fi rst obtaining Lessor's prior written consent and complyingrst all requirements of Lester applicable thereto. LNGRFSS AND EGRE69 10. Less9O shall have the right to uso, in edmmon with Lessor and others authorized by Lessor, 0Kicting drivawayts) or othor property dssigneted by Lessor as a moans of Ingress to and egress from the Premison. Lessor shell b0 under no obligation with respect tP the condition or maintenance of said drivcway(s) or other property, and Lessee's use of same shall be *subject to all of the covenants, terms and conditions of this lease. PIPE AND WI BE LINES LI. Lessor shall at all times have the right to maintain andlor construct, and to permit other% to maintain and/or construct, overhead and/or underground pipe endor/or wire ire lines now or hereafter installed upon or Premises, and to uws, repair renew and remove the same. MAY-29-2009 09:21 From:COLO COMM BK STOWN 9705875186 To:5872789 P.5/12 RuA 24 07 02:32p p. 10 • 1 '✓ L.! CLAIM OF TITLE 12. Lessee Ohall not at any time own or claim any right, title ��1^ or interest in or to the Prvmisce, nor Shall the exercise of V'I this lease for any length of time give rice to any right, title or intermit in or to the Premises, other than the leasehold herein created. MECHeNIC's LIENS Lessee shall pay all debts incurred to, and shall cetisfy all laborerseOD of and materlalmonacinrarespect n to ms anycconstruction, alteration and/or repair in and to the demiSed Promisee, and any improvements thereon, and small indemnify, defend hold 4eosor harmless against all Legal ceste and chargaS, including councol foes. reasonably incurred, in any t involving any lien, the enforcement thereof, or encumbrance caused by the mime, with respect to the Promises or any part thereof. Further, Loosae shall have no authority to create any liens for labor or material on or against Lessor's int:root in trio Premiers, and shall specify in all contracts. TERM{NATION NOT102 • la. This lease may be terminated by either party at any time not lees than thirty 130) days notice in writing sent by' registered by certified mail to the other party. However, in the event of a breach 04 any of the covenants, terms and conditiOnd hereof by Lessee, Lessor shall have the right to terminate this lease immediately. (a) All notices and communicattans concerning thin .ease thal1 be addrboSad to Lessor or to Le60ee at their re6pectivo addresses horeinabove Got forth, or at such ether addresses as either party may designate in writing to the other party. REMnvnt ` 15. Upon termination of this lease, by expiration of term or any 1�\ other reason, Lessee shall remove, at L ene's Cost, and ,l ,l� L. r'c ..nla_ dircre�tion� 1 bull or structure. (except tracks, r acil ties and other designated property of Leeson) , within the time specified in any notice of termination or at the latest within fifteen (151 day(' "after such termination- in effecting such removal, the Promises Shall be restored by Lessee to a condition satisfactory to Lessor, including the removal of all structures and - facilities (whether on the surface or MAY-29-2009 09:21 From:COLD COMM BK JTOWN 9705875186 To:5872709 P.6112 Hug 24 07 02: 32p pill 1 underground) to ground level, and the filling of all ewcavationG ano holes, which %Nall to tamped, Compacted and graded uniformly. If Letters shall fail to make the removal In the manner and time cat forth herein, altar nottco to do so, Lessor may remove paid buildings, structure: and/or facilitiam and make said restoration, all at tha sole risk, Cost and expense of Lessee, and may alao dispose of any romoved items without noceseity to account far the same or to give further notice to Lesoos. (a) If Laosoo shall fail to make removal Of any such proporty, Lessor shall have the further option to elect and notify Les5oo that all right, title and interest of Lessee, in certain buildingCs) , structure(s) and or faci[ityUieel , shall be forfeited and shall vest abeolutoly in Lessor as of the date Of notice of such election. REFUNI IS. In the event that Lessee prepays monthly or annual rentals in advance, and thic lease io terminated by notice of either party (other than for broach or cause), LeseOr shall refund to Lesaae the proration of any prepaid base rental and tames paid in advance,, which Locsae shall accept in full oettloment, satisfaction and discharge of the remainder of the tort or period; p,ROytDEn, however, LOGIO4 shall not be entitled to such refund when the cumulative total involved is lass than One Hundred Dollars /%100.003 . LIARTLITY INDEMNITY 17. Lessee hereby assumes, and releases and waivos any right to ask for or demand damages for or on account of, any loss of nr damage to property of Lessee or any part thereof, including lose of or intarferancc with any use or service thereof, on or about the Premise% and upon any access driveway provided under Section 10, whether caused by, arising out Of or resulting in any manner from the fault, failuro or negligence of Lessor or Otherwise. ia) Losses hereby assumes, and release and agrees to protect, cave harmLcot, defend and indemnify Lessor from and against, (1) all lobs of and damage to any property whatsoever, other than said property of Lessee, but including property of Lessor end all other person whomsoever, and tho loss of or interfaren;o with any use or service, thereof{ (2) alt loss and damage on account of injury to or death of any parson whomsoever, including, but not limited to employees and patrons, of the partiot hereto and all other persona whumsaaver; and C ) all claims and liability for such loss and damage, and Cost and (imperious thereof caused by arising • MAY-2912009 09:22 rrom:COLO COMM BK JTOWN 9705875196 To:5872769 P.74.2Rue 24 07 02: 33p p. 12 out of or resulting in any manner from the condition, existence, use or occupancy Of tho premises and arising adjoining lands of Lessor whether caused by, out of or resulting from the fault, failure or nugligerce of Lessor or othorwiso. LES30R le. Ths term "Lessor" as used in Section 17, shall include any other company Or coapaniet whose property at the aforesaid location may be loasad or operated byeLLeesor. dSaid( e aid trm also shall include any parent Comps^Y , or aifiliatets) of Loscor,and the servants, agents or employees of said parent companytiesl , subsidiorytioe) or affiliates&) of Lessor, and shall also include tenants, lessees or licensees of Lessor other than the Lessee herein referred to. LNSURAWCE LIABILITY ANA PROPERTY 19. foroacti'o4tieenproent ovidedfherein, Leooec, at use its solo cost and premise,expense, shall prature, ana Shall maintain during the continuance of the lease, Public ).lability Incuranc° covering liability assumed by LOSOee under thin lease, in limits of not 1OLO than 4),4O99.C90bodily injury ar4j_onn_Anr __property damage por occurrence. LessOQ shall +urnlah Lessor's President at Taylor Avenue shops, P. 0. Sox 357, Loveland, Colorado 64539, a cortificate p4 insurance reforring to this lease by data, name of Lessor, de!Cription o4 loose and location covered. Inc certificate shall be endorsed to provide for thirty (301 Jaye' notice to said President prior to toreination of or change in is the cover by a ge provided. If a higher limit of liability q u the limitr, Lessor fiend l pwithin thirvide ty written(3O) daYSOtico thereafter, knit required, • Lessee chilli provide revised certificate of insurance for tho increased required limit. Furnishing of this insurance by Locoae shall not limit Lessee's liability under this I teas, but shall be additional security therefore. fa) I4 L®;See contracts for new construction or structural alterations to the Praxises, Lessen (hall provide or shall cause its contractor to provide, designating u tnot urance Leepor, protnCtivre L1abi11.ty I� Lessor es nomad insured, with a limit of hat loan than TWO MILLION DOLLARS (#3,000,000) por occurrence subject to a SIX nILLION DOLLAR [46,000,000) aggregate limit, for all bodily injury and property damage occurrences • during each annual policy period. If the construction or alterations involve an exposure tv train operations I on tracks of Losoor, the protective liability insurance ) shall be on the AAR-AASHTO Fora of Rgjlrged Prgtsetivo 111 jn5urance. The original protective Liability poliCy TIAY-29-2009 09;22 From:COLD COMM BK JTCWN 9705875186 70.5872789 P.8'12 A4c 24 ❑7 02;33p p. 13 k 1 Shall be submitted to and approved by Lessor'', President, Taylor Avenue Shops, P. 0. box ,Z7, Loveland, Colorado ©0339, prior to commencement of the Construction or alterations. Said address shall bo the named insured's address for the purpaco of all notices from the insurer. CONDEMNATION 20- Should the Premises Dr any part thereof be condemned, appropriated and/or acquired for public use, then this lease, at the option of the Lessor, shall terminate upon the date when the Premtoos or part thereof shall be taken. No port of any damages or award Shall belong to Lessee, except to the extort of any specific award from the governmental authority for improvements and/or facilities of LeSeee. Lessor's land shall be valued as of such data (Or other legal date of valuation) ae vacant land, without considoratian of this lease of Leeaee'S improvement,- on said land, if any, ac an enhancement or detriment to said lend value. Improvement% and/or facilitiec of Liseee not Oa condemned, appropriated and/or acquired shall bo removed in accordance with Section 14 hereof. SuCCES$QRBAND Ass;t;ws 71. The terms, covenant= and provision% hereof shall inure to the benof it of an bo binding upon the euCceapora of Ledoor and the suceseSers and a5Signa of Lessee. (al However, Lasses Shall not transfer, assign, Encumber or sublet thie lease or any part of the Premises ar any rights and privilogee horoin granted except to a subsidiary, parent or common controlled affiliate. This covenant shell alas apply whether much stale Or transfer is made voluntarily by Lessee or involuntarily in any proceeding at law or in equity to which Lessee may be a party wneroby any Of the rights, dutia2 and obligation® of Lessee shall De cold, transferred, conveyed, encumber, abrogated or in any manner altered, without the prior notice to and cansent of Lessor. in the event of any euch unautnnrized Salo, transfer, assignment, sublease ar encumbrance 04 this lease, or any of the rights and privileges hereunder, Leeeor at its option, may immediately terminate this leaps, by giving Lessee or any such assignee written notice of such termination, and Lessor may thereupon enter and retake possession of the Prsmicee. 9ANKRUPTCY RIF5MT5 fb) It is expreemly understood and agreed that in the event of any assignment for the benefit of creditors, or in the avant a petition in bankruptcy shall be flied by MAY-29-2009 09:22 From:COLO COMM BK STOWN 9705675186 To:5B72789 P.9'12 Rug 24 07 02: 39p • p. 14 Lessee, cr if LesCee shall be adjudged bankrupt or insolvent by any Court, or if a trustee in banks ptCYY or a receiver of Lessee's property hall abeoappointe, in any suit or proceeding brought and if et such time this lease is in default by LoSeee, then and in such event Lessor, at its option, may C17 terminate this lease at the and of the following month by notice, or (3) may request affirmance or redactio of this Lease under Sec, 365 of the Bankruptcy giving Lesmeo or any such assignee, trustee, or receiver written notice of such termination or demand for election. If Levees, or such assigns❑ or reemivar, fails to d fail o Uate atOuranceeof elect icorrGction affirmance oi nexisting tdebtr h i and continued performance under the leave, Lessor may apply to the appropriate court for and order Compelling removal of Leeseo. If Ledsee o` such assignee, truotoa or receiver shall the Premises asin Secti this it shall c on 14. above. If Leesoo or d such aeeignee, trustee or receiver shall affirm this lease, it shall thereupon be bound by all terms hereof, including payment of all rental', from the date of Lessor 's notice of demand for election and remedies of Leeser for nonpayment or other breach aG hereinab❑v❑ (including the provisions of the Section 21. (a). $iNFRAOl.ej_rI 23 It £5 understood and agreed that this lease is executed all all parties under current interpretation of any and applicabl❑ Foceral, State, County. Municipal , or other agreeda that deach and orevery separate divisions r and law, Further, it is (paragap clause, item, term, condition, covenant or agreement) nsrein contained shall have independent and severable status from each other separate division, or combination thereof, for the determination of legality, so that if any separate division herein io determined to be unconstitutional, illegal, violative of trade or commerce, in contravention of public policy, void, voidable', invalid or unenforceable for any reason, that Separate division shall be treated a7 0 nullity. but such holding or determination eha11 have no effect upon the validity of enforceability of each and other rY other separate division herein contained, or any combination thereof. PrISACH. WAzvga 22. te proieedinge, and ap compromise vieions eoroeat'tlement thereof ishall ube made, the Isaac shall not constitute a permanent or general waiver of any covenant herein contained nor—of any of Landlord n+ 00Y broach's rights hereunder No condition r or y agreement herein broach of any � MAY-29-2009 99:23 From:COLO COMM BK JTOWN 9705875186 To:5872789 P.19'12 Rub 24 07 02:34P P. 15 contained shall operate as a permanent waive Of such covenant, condition, or agreement itself, or of any subsequent breach hereof. No payment by LePage or recoipt by Lessor of a lesser amount than the monthly inotallments of rent heroin stipulated shall be doomed to be other than on account of the earliest stipulated rent. Nor shall any endorsement or statement On any Gat or letter a check for payment of rent bo deemed an accord and satisfaction, and Lessor may accept Ouch check or payment without prejudice to Le000r's right to recover the balance of such rent or to pursue any other remedy provided in this lease. NO re—entry by Lessor after a broom shall be considered en acceptance 04 a surrender of the lease. SECURITY DEPOSIT 24. Lessee shall ddpocit with Lessor upon alienation of this lease the sum of� _ _aC security of Lesaot's faithful performance of Lessee's obligations hereunder. If Lessee fails to pay the Rent or Additional Rent due hereunder,covenant, otherwise defaults with respect to y rendition or provision Of this lease, Loaner may use, apply or retain all or any portion of the Deposit for the payment of any Ront, Additional Rent or other chariia in default or for the payment Of any sum to which Leecor may become entitled by reason of Leasoa'e default, or to Compensate LsseOr for any lose or damage which Lessor may suffer thereby. If Lopsor so uses to applies all or any portion of the Deooslt. Lessee shall, within ton (10) days a4tor written demand therefor, deposit cash with LeeaOr in an amount suffiCiant to restore the Deposit to tho full amount, and Lessee'S failure to do se shall bo an Event or Default. Lessor shall not be required to keep the Deposit separate from its general accounts. If Lessee performs all of Lessdo's Obligations hereunder, the Deposit, or oo murh thereof as has not theretofore been so used or applied Lessor, shall be returned, .without payment of interest 4or its use, to Lessee at the aspiration or sooner termination of tho Term hereof and after Lamina has vacated the Promises, except that no refund will be made in any amount lass than TWENTY-FIVE ($25.00) DOLLARS. cal Lessor may apply each payment of Rent or Additional Rent or service charge when received in such ordor a6 Lessor might detsrminm. NO payment shall operate no an accord and satisfaction notwithstanding any statement or endorsement accompanying such payment. Each payment shall bo deemed received byLel wr witpayments hout prejudice icelto its right to collect any balance due from Lessee. CNV I RONMENTRL COMPLIANCE~ 26. Lessem represent that it time conducted a complete inspection • MAY-29-2009 09:23.From:COLO COMM BK JTOJN 9705075186 Tr:5972709 P.11'12 Rug 24 07 02:34p p. 16 J _ENTIRE ACRE ENT 27. The entire agreement between Lessor and Lessee is pet forth in this Ieate, and thorn are no understandings, agreements, or representations of any kind between the parties, verbal or otherwise, other than as met forth in this lease. No change or modification of any of the Covenants, terms or provisions hereof shall be valid unless° in writing and Signed by tho parties harat0. IN WITNESS WHEREOF, the parties hereto have caused thin lease to be exocuted, in duplicate, ad of the day and year first above written. WITNFS`ES: THE MEAT WESTERN IL AY . President /J - By n+1./LA -v✓yG/ ATTEST.,__ . ..____---_—Eaal ' - MRY-29-2099 09:23 From:C0L0 C0MM BK JT0WN 9705975186 To:5872789 P.12119 St , 1.1 mX45 Z ' , . !. i•TI ! I1 IaP��)P�k Bl�i.i,1Q,�;.bj,�c. r rA. .., .7.Tb:A ice"a 1 v.;t-c-...._ D 1 o- aa,am ` Jr'�'r'"r��1� wo rte"' '•V r+-,•1�,q��•o t n.,1.�5.1e..'. . as 2l o.�oi itt a'd gotta! , ,• _ I .. N N AVE. .M I t / ' ti c " i l 8 a •ya•IC*LO1 ne n.C1 I .e LD.601 i •1y_ MNAVE 5 0•L 1 , '� ` It 1 1 AVE. fcoI 1 ,: it gn b i e f r f \-::::3-40 o I f/e j . LI .d d*2 :20 60 *2 my 1yr J JL Lanoraic IandRail, LLC 252 Clayton Street Denver, CO 80206 January 4,200R 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$2,880. Sincerely, FIC MEMO Faz # LandRail, LLC # of pages ( T To _CI.-- From From Color io a ITP mitt' Bar.':: cf Johnstown Ph: 9r --160 Fax 970.587.5186 l 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 taxyeartrl DFiel i /0 Dftrrel MD If Agent Name All correspondence regarding my/our appeal of the value of the property listed below should be directed to: Dar re1 1rieiP elt, CoIoreAc Cwnmunv 4-y bank 1300 P- rerl Scree i- Mi i ► run Co ` c5L43 Owner Information: - //� Property Owner Name �,bIC`rGlCiu 'Faint "Rayne, k<;k{(nG� (1,c, , Please Print �¢,/�� Property Owner Signature --4 ''e �4/7 Date ! — l 9 — / °- Property Information (Please attach additional sheets as necessary) 1. Parcel#and/or Accou)ntt#�� L`15�2S _I Property Address Lr�U(,_r1 V3 '9 5'7 i I Il two ( f� 5))(1754,3 2. Parcel 41 and/or Account# r49)91 f 7OLI Property Address 3. Parcel 41 and/or Account# RL4t-11S0511 n Property Address 4. Parcel 41 and/or Account# RI-11-19C4;Ns Lc Property Address 5. Parcel #and/or Account# Property Address V e v da c t ° d o ry O`- O1 m ®U U LI J l• n J , u≤ t(� a 1° r, a 3 . ., °' Q = e 2 a "5.Ll 2 K662 re I] i • ;It 41 I x It "nR • F YO Q • C �w?yOti -. fib., YYY• Ye� �' . C AJ • fir , I I '� pry. d yy h' ' o O tit ' ,.,a� " 1.((�� .,r} cr }' s -3,( t." � �c Wit-Vitt "' r.t' . ..14:40r.41:64- • i ��??-- J • - E.Z •r j - V *1-i +!` ". •:.:.,/-1,,,,,„•,?: i :; • •••444.....:.c. } ty y d 1 C LL �{ cr.,' ,;,,s- u h .�„„ rO.4.1:,...- ,..„.r., ,....‘,„,•4„,,,, :,: ,,,,,,,,,.. x #i z n E.D c . i t �sy¢s a a'f• W rc -; .tf r....Y'� w y ao0 tt K `�Y(`l. '✓rr5.='i t �i• :.h.sd.. i' ' 'n3n® M1 ,.,�y ftix +YM .'�ll[ 4 Y,. . u nz C - '+ • • 2. her F rf- N ...� .•"~� C r C^�M, y* .5�'f mrr 4.4 • Mi•,r.^` i� �} r. y • r d yQ U ^.rya+• {a M" ' _ r a".'?ti"�', 6: r Nr v m m E Y' .. r 'ro { at a } �rn o : t ir wren w- . -.-...§5. 1r'M;•4;,re: t , }, f"' f ir.i t. .tea t � A TN • 1,$) � , M IT• Ed₹ a` .. .i r 4 e 9Hnti F m V . JL ,r a, t s L_anoral_ . OQ `Pty PHI ANI/ CM 41/V al • February 8,2008 4274— (15.16— 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 1, 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,I nave 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 that all right,title,and interest of !mess,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 are 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 yon, Wi Hard General Counsel 50 S.Steele Street•Suite 374 Denver,CO 80209 Phone: (303)398-0400*Fax;(866)365-8546`Email:info@landrail.com* resCLERK TO THE BOARD PHONE: (970) 336-7215, EXT. 4226 FAX: (970) 352-0242 10TH 915 10TH STREET P.O. BOX 758 111kGREELEY, COLORADO 80632 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, ‘1/21,71,444., kOlte04A.J1-1X Tonya Disney Deputy Clerk to the Board cc: Assessor Darrel Adolf C/O Colorado Community Bank 1300 Broad St Milliken CO 80543 CLERK TO THE BOARD 4:Et PHONE: (970) 336-7215, Ext. 4225 FAX: (970) 352-0242 10TH 915 10TH STREET P.O. BOX 758 GREELEY, COLORADO 80632 i COLORADO January 7, 2011 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: 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, htto://www.dola.state.co.us/baa/index.htm Very truly yours, 4371W-- U V ' Tonya Disney Deputy Clerk to the Board cc: Assessor Darrel Adolf c/o Colorado Community Bank 1300 Broad St Milliken CO 80543 Hello