HomeMy WebLinkAbout20080309.tiff RESOLUTION
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RE: APPROVE RELEASE OF DEED OF TRUST AND AUTHORIZE CHAIR TO SIGN -
STARTEK USA, INC.
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 pursuant to Colorado statute and previous
official actions, sits ex-officio as the Weld County Housing Authority Board, and
WHEREAS, in 1987, Weld County acquired property known as the Weld County Business
Park for the purpose of upgrading and developing economically depressed and blighted areas,and
WHEREAS, the Board transferred and sold a portion of said property located within the
Weld County Business Park, as described in Exhibit "A," attached hereto, to StarTek USA, Inc.,
and
WHEREAS,the terms of the sale required StarTek USA, Inc., to execute a Note and Deed
of Trust in favor of Weld County for a period of ten years with a declining annual balance in order
to secure the continued ownership of StarTek USA, Inc., of the property at that location and
continuous occupancy and use of the property by StarTek USA, Inc., and
WHEREAS,the conditions of the Note and Deed of Trust have been satisfied, and StarTek
USA, Inc., desires to have the Deed of Trust released, and
WHEREAS, the Board has been presented with a Release of Deed of Trust, to release a
part of Tract"C", Weld County Business Park PUD, more fully described on Exhibit"A," attached
hereto and incorporated herein by reference, from a Deed of Trust executed by Startek USA, Inc.,
on December 11, 1997, in favor of Weld County, and
WHEREAS, after review, the Board deems it advisable to release said Deed of Trust and
to execute the Request to Release Deed of Trust for StarTek USA, Inc., a copy of which is
attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Release of Deed of Trust, to release a part of Tract "C", Weld County
Business Park PUD, more fully described on Exhibit"A", from a Deed of Trust executed by Startek
USA, Inc., on December 11, 1997, in favor of Weld County, be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said Release of Deed of Trust.
1111111111111111111111111111111111 11111111111111111111
3544061 03/27/2008 03:2512 Weld County, CO
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3534802 02/12/2008 04:03P Weld County, CO
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2008-0309
PR0020
CO St pa/is/oFS
RE: RELEASE OF DEED OF TRUST - STARTEK USA, INC.
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 28th day of January, A.D., 2008.
BOARD OF COUNTY COMMISSIONERS
��� L/ WELD COUNTY, COLORADO
ATTEST: �61 Kt�'//" ' eT ,;
,! ,..;.? � I . m H. Jerke, Chair
Weld County Clerk to the BoardF,W
-- •s, obert D. den, Pro-Tem
BY:
De u Cler o the Board
Willis Garcia
APB ED AS TO FORM:
� vid E. Long
ount ttorney
ougla Rademach
Date of signature:
113!in
1111111 11111111111111 IIII 11111111 VIII III 11111 IIII IIII
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1411114111114114111A114-111
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2008-0309
PRo020
Original Note and Deed of Trust Returned to:
WHEN RECORDED RETURN TO:
Prepared/Received by:
REQUEST FOR FULL % /PARTIAL
RELEASE OF DEED OF TRUST AND RELEASE BY OWNER OF INDEBTEDNESS WITH PRODUCTION
OF EVIDENCE OF DEBT PURSUANT TO§38-39-102 O)(a),COLORADO REVISED STATUTES
January 28, 2008 Date
StarTek USA. Tnc. . A Colorado Corp Original Grantor(Borrower)
County of Weld, State of Colorado Original Beneficiary(Lender)
December 11. 1997 Date of Deed of Trust
Date of Recording and/or
January 7, 1998 Re-Recording of Deed of Trust
Reception No. 2588075 & 7588074 Recording Information
County Rcpt.No.and/or Film No.and/or Hook/Page No.and/or Tonens Reg.No.
TO THE PUBLIC TRUSTEE OF
WELD COUNTY(The County of the Public Trustee who is the appropriate grantee to whom the above Deed of Trust should
grant an interest in the property descnbed in the Deed of Trust.)
PLEASE EXECUTE AND RECORD A RELEASE OF THE DEED OF TRUST DESCRIBED ABOVE. The indebtedness secured by
the Deed of Trust has been fully or partially paid and/or the purpose of the Deed of Trust has been fully or partially satisfied in regard to the
property encumbered by the Deed of Trust as described therein as to a f al I release or,in the event of a partial release,only that portion of
the real property described as:
(IF NO LEGAL DESCRIPTION IS LISTED THIS WILL BE DEEMED A FULL RELEASE)
County of Weld, State of Colorado, by and through the Board of County
Commissioners of County of Weld. 915 10th Street. P.O. Box 758, Greeley, CO801
Name and Address of omen Owner and Holder of the Indebtedness Secured by Deed of Trust(tender)
William H. Jerke Chair 915 10th Street P I I. . : • • - . . o.,.. •• 806:
Name,Title and Address of Officer,Agent or Anomey of Current Owner and Holder '�..N ,j,B .-
'� l> : o??P....,rya
NOTARY :?19
Slgtamre Signature
State of
Colorado y Weld • '
.Coon[ of
•
The foregoing Request for Release was acknowledged before ';_d� .PUBLIC
me Wan
anuaryrO28, 2008 (date)by* y 1 7 .9�OFan-
41- �p�
/O-ad ce J ,n/ -w r A f � , _� C mission Expires April l U,2
Date r andho der Expires
9fappliceble.insert ntleafofficer and name of current owner and holder ��Publia� Witness my hand an official seal
RELEASE OF DEED OF TRUST
WHEREAS,the Grantor(s)named above,by Deed of Trust,granted certain real property described in the Deed of Trust to the Public
Trustee of the County referenced above,in the State of Colorado,to be held in trust to secure the payment of the indebtedness referred to
therein;and
WHEREAS,the indebtedness secured by the Deed of Trust has been fully or partially paid and/or the purpose of the Deed of Trust has
been fully or partially satisfied according to the smitten request of the current owner and holder of the indebtedness;
NOW THEREFORE,in consideration of the premises and the payment of the statutory sum,receipt of whic. ... • ed
I,as the Public Trustee in the County named above,do hereby fully and absolutely release,ca - .•": • r rise large t c cc. . .
or that portion of the real property described above in the Dec. ust,together with cand appurtenances th to bolo _
•''p9,O : rc g
Deputy Public Trustee
•i
(1applicable.Name and Address of Person Creating New Legal t QIIQYb2.t 38-35-1045,Colorado Revised Statures_)
"ablkr Trio
)1IG�
c 20O7 CPTA, All Rightsrescrved. 111111111111111111 'III liii 1111111111111111 EMI
liii liii )7/07
3544061 03/27/2008 03:25P Weld County, CO
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STARTEK USA, INC. 632743
7 StarTek 44 General Account
Cook Street - 4th Floor
Denver, CO 80206
Weld County Commissioners Payment No.: 1500001859
915 10th Street Payment Date: 01/18/2008
Greeley CO 80631-1117 Vendor No.: 503456
Page: 1 of 1
invoice Number invoice Document Number " Gross Amount Discount Net Amount
Date Text
011808 01/18/2008 1900037848 10.00 0.00 10.00
Commissioners of Weld Co.
Check Total $ 10.00
■
DETACH FROM CHECK AND KEEP FOR YOUR RECORDS
THE ORIGINAL DOCUMENT HAS A WHITE REFLECTIVE WATERMARK ON THE BACK.HOLD AT AN ANGLE TO VIEW.DO NOT CASH IF NOT PRESENT.
$TARTEK USA,. WaLsFAInGO,(IANK 4RANb JDNQTION NA ` 632747if 3
general Account GRAND JH&CTION,CO 81502
7 $291/1D21
' . tack 44Cook 5Sreer th Floor = 01/18/2008 '"
'Denver, CO 80'246
PAY TO THE , - -
ORDER OF Weld'.County Commissioners $10.00
*** TEN and ZERO Cents *** us DOLLARS
VOID After 180 Days
Weld County Commissioners
915 10th Street
Greeley CO 80631-1117
ll'6 3 2 7 4 311' r: 10 2 100 9 Lai: 606 200 308811'
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DEED OF TRUST
THIS DEED OF TRUST,dated December 11 , 1997,between StarTek USA,Inc.,a Colorackg kffporakiptInfifise address
is 111 Havana Street,Denver,Colorado 80010,and the PUBLIC TRUSTEE of the County or City and UMI?ity n wine-lithe property
described below is situated,in the State of Colorado,
Witness: SW.5rt vLLASQUE74
The grantor,to secure a promissory note or notes,hereinafter referred to in the singular,dated�y�De TyRt'�J�(7 total
principal sum of$261,360.00 dollars,payable to the order of the County of Weld,State of Colorado,flit url Boar o -ounty
Commissioners of County of Weld,the beneficiary herein,whose address is 915 Tenth Street,Greeley,Colorado 80631,after the date
thereof,with no interest thereon and subject to the provisions and conditions for forgiveness as set forth in said promissory note,does
hereby grant and convey unto said Public Trustee the following described property,situate in the County of Weld, State of Colorado,
to wit:
The real property described and shown in the attached Exhibit"A."
also known by street and number as 1250 H Street,Greeley,Colorado 80631.
TO HAVE AND TO HOLD the same together with all its appurtenances,in trust nevertheless,that in case of default in the payment of said
note or any part thereof,or in the performance of any covenants hereinafter set forth,then upon the beneficiary(note holder)filing notice of election
and demand for sale,said Public Trustee,after advertising notice of said sale weekly, for not less than four weeks,in some newspaper of general
circulation in said county,shall sell said property in the manner provided by law in effect at the time of filing said notice and demand,at public auction
for cash,at any proper place designated in the notice of sale. Out of the proceeds of said sale said Trustee shall retain or pay first all fees,charges and
costs and all moneys advanced for taxes,insurance and assessments,or on any prior encumbrance,with interest thereon,and pay the principal then due
on said note,rendering the overplus(if any)unto the grantor;and after the expiration of the time of redemption,said Trustee shall execute and deliver
to the purchaser a deed to the property sold. The beneficiary may purchase said property or any part thereof at such sale.
The beneficiary shall subordinate this deed of trust to any deed of trust granted by the Grantor to obtain financing for the construction of a
facility on said property.
The grantor covenants that at the time of delivery of these presents,he is seized of said property in fee simple,and that said property is free
of encumbrances.
The grantor also covenants that he will keep all buildings insured with a company approved by the beneficiary for fire and extended coverage
in an amount equal to the unpaid balance of said note with loss payable to the beneficiary,will deliver a copy of the policy to the beneficiary,and will
pay all taxes and assessments against said property and amounts due on prior encumbrances. If grantor shall fail to pay insurance premiums,taxes,or
amounts due on prior encumbrance,the beneficiary may pay the same and all amounts shall become additional indebtedness due hereunder,and in case
of foreclosure,he will pay an attomey's fees incurred by the beneficiary.
Should the beneficiary hereunder be made a party to any action affecting this deed of trust or the title to said property,the grantor agrees that
all court costs and a reasonable attorney's fee paid by the beneficiary shall become additional indebtedness due hereunder,and the grantor does hereby
release and waive all claims in said property as a homestead exemption or other exemption now or hereafter provided by law.
It is agreed that in case of default in payment of said principal or a breach of any of the covenants herein,then said principal sum hereby
secured may at the option of the beneficiary become due and payable at once,anything in said note to the contrary not withstanding and possession of
said property will thereupon be delivered to the beneficiary,and on failure to deliver such possession the beneficiary shall be entitled to a receiver for
said property,who may be appointed by any court of competent jurisdiction.
Whenever used herein the singular number shall include the plural,the plural the singular,and the use of any gender shall be applicable to
all genders. All of the covenants herein shall be binding upon the respective heirs,personal representatives,successors,and assigns of the parties hereto.
Executed the day and year first above written.
SIARTEK USA,INC.,A COLORADO CORPORATION
By:
E. Preston Sumner,Jr.,Executive Vice President
STATE OF COLORADO )
County of ) ss.
The foregoing instrument was acknowledged before me this 11th day of December, 1997,by E. Preston Sumner,Jr.,Executive
Vice President, StarTek USA,Inc.,a Colorado corpor
My Commission expires ,1 Ps s my hand and e official seal.
O' ef�f �
r
• ESTHER E. . Notary Public
GESICK
`Pi:\ -• 43 Address
*If in Denver,insert"City and." 'OF CO%St
WHEN RECORDED RETURN TO:
Bruce T.Barker ...nnissbnExpires S 11,2001
Weld County Attorney
P.O.Box 1948
M\W FlIL S\D EOS\S1 Colorado
080632 I HillVIII Illlll III IIIIIII VIII Illlll III I'I'I IIII I'll
2588075 01/07/1998 02:07P Weld County CO
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LEGAL DESCRIPTION
Weld County Business Park P.U.D.
Starpak Parcel
A part of Tract"C" Weld County Business Park P.U.D. a subdivision within the City of Greeley,
County of Weld, State of Colorado, more particularly described as follows:
Commencing at the Northeast Corner of Section 31, Township 6 North, Range 65 West of the
6th Principal Meridian, and considering the East line of the Northeast Quarter(NE1/4) to bear
South 00° 00' 00" West, to the East Quarter(E1/4) Corner of said Section,with all bearings
contained herein being relative thereto; thence along the said East line of the Northeast Quarter
(NE1/4), also being the centerline of 11th Avenue, South 00° 00 '00" West, a distance of
1,545.00 feet; thence North 90° 00' 00" West, a distance of 50.00 feet, to a point on the West
Right-of-Way line of 11th Avenue also being a point on the East line of Tract"C" Weld County
Business Park P.U.D. and the True Point of Beginning of this description.
Thence North 90° 00' 00" West, a distance of 428.37 feet,to a point on the East Right-of-Way
line of"H" Street also being the West line of Tract"C"; thence along the said line the following
three (3) courses and distances, (1) along a curve to the right having a radius of 804.75 feet, a
central angle of 35° 47' 21", an arc distance of 502.68 feet, the long chord of which bears South
03° 06' 19" West, a distance of 494.55 feet; (2) thence South 21° 00' 00" West, a distance of
250.00 feet; (3) thence along a curve to the left having a radius of 365.51 feet, a central angle of
07° 50' 34", an arc distance of 50.03 feet, the long chord of which bears South 17° 04' 43" West,
a distance of 49.99 feet; thence South 90° 00' 00" East, a distance of 559.43 feet, to a point on the
East line of Tract"C" also being the West Right-of-Way line of 11th Avenue; thence North 00°
00' 00" East, a distance of 775.00 feet to the True Point of Beginning.
Said Parcel of land contains 7.997 acres, more or less, and is subject to any Rights-of-Way or
other easements as granted or reserved by instruments of record or as now existing on said parcel
of land.
NOTE: This Legal Description is based on the Weld County Business Park P.U.D. Filing Plat as
recorded in the Weld County Clerk & Recorder office, Book 1212 Rec. No. 2158271 on October
12, 1988, and does not represent an actual survey of the property.
Legal Description Prepared by:
Michael C. Ketterling
Ketterling, Butherus &Norton Engineers, LLC.
820 8th Street
Greeley, Colorado 80631
September 8, 1997
Atli" 111111111111111111111111111111111111111liiI EXHIBIT "A"
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7049 STAREXH H' STREET I
r4 e� ,I KETTERLNG, BUTFERUS & NORTON se•tember 8, 1997
WELD COUNTY BUSINESS PARK
820 8th Street Greeley, Colorado GREELEY, COLORADO
ENGINEERS (970) 395-9880
STARPAK PARCEL
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PROMISSORY NOTE WITH P VISION FOR FORGIVENESS
CNAN - ti /ow
$ 261,360.00 Greeley, Colorado
SUSIE vLLASQuU[ December 11, 1997
PUBLIC 77yTTR�USTEE
The undersigned, StarTek USA, Inc., a Colorado corporation,TiereintePreferred to as "Maker",
hereby promises to pay to the order of the County of Weld, State of Colorado, by and through the
Board of County Commissioners of County of Weld, the sum of$261,360.00, to be repaid without
interest in ten (10) equal annual installments, due and payable commencing one year from the
making of this Note, and continuing each year thereafter until full and final payment is made. Each
annual payment will be excused if, and only if, on the anniversary date, the Maker is the legal and
equitable owner of the real estate described and shown in the attached Exhibit "A" (hereinafter
referred to as "the real estate") for the purpose of operating a customer service support center, and
the Maker has been continuously the owner throughout the proceeding 365 days. The principal
balance shall be reduced by the amount of any excused payment, as shown in the attached Exhibit
"B." Notwithstanding the forgoing provision, if the Maker ceases to own the real estate, or if the
real estate is not operated as a customer service support center, or if the real estate is the subject of
a "prohibited" transfer, as defined herein, at any time before December 11, 2007, the entire balance
of this Note shall become due and payable immediately.
For purposes of this Note, a"prohibited" transfer includes the sale or other transaction involving the
conveyance of the legal or equitable title or interest to the real estate, effective immediately or
effective at a future date, and includes an option to purchase exercisable at any time before
December 11, 2007. A "prohibited" transfer does not include:
1. The creation of a lien or encumbrance subordinate to the Deed of Trust securing this
Note, or a lien or encumbrance to which the County of Weld, State of Colorado,
subordinates the Deed of Trust in writing;
2. The transfer of title by devise or descent, or by operation of law upon the death of a
joint tenant; or
3. A sale or other transfer to which the Board of County Commissioners of the County
of Weld consents to in writing. Notwithstanding any other provision of this
paragraph, said Board of County Commissioners shall have no right to declare a
default if the County of Weld, State of Colorado and the transferee mutually agree
in writing to the assumption of the indebtedness by the transferee.
The Maker hereby acknowledges that the County of Weld, State of Colorado, by and through the
Board of County Commissioners of County of Weld has transferred to it the real estate with current
market value as of the date of the signing of this Note in the amount shown above, for the purpose
of the development of a business located on said real estate, and that one of the conditions for
11111111111 IIM III 1111111 Intl III 11111 IIII 1111 )f 2 Pages
2588074 01/07/1998 02:07P Weld County CO
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forgiveness of this Note is that the Maker continues to own the real estate and continues to occupy
and use the real estate as a customer service support center, for at least ten (10) years from the date
of the Note. The undersigned further acknowledges that one of the purposes of this Note and the
Deed of Trust given to secure it is to assure compliance with such conditions. The undersigned
further acknowledges that the transfer of the hereinafter described real estate to it constitutes
sufficient and adequate consideration for this Note.
The indebtedness evidenced by this Note is secured by a Deed of Trust, dated December 11, 1997,
and, until released, said Deed of Trust contains additional rights of the note holder. The real estate
subject to this Note and the Deed of Trust securing it is identified as follows:
The real property described and shown in the attached Exhibit"A".
STARTEK USA, INC., A COLORADO
CORPORATION, MAKER
By`
E. Preston Sumner, Jr., Executive Vice President
SUBSCRIBED AND SWORN to before me this 11th day of December, 1997.
•
fpY.P , WITNESS my hand and official seal:
S•
GE= ' - Notary Public
��:•My commission expires:
M'Cans&Ow Spot n,200?
M:\W PFILES\DEEDS\STNOT.BTB
111111 11111 111111 III 1111111 11111 111111 III 11111 1111 I11I
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Page 2 of 2 Pages
977:7f93
LEGAL DESCRIPTION
Weld County Business Park P.U.D.
Starpak Parcel
A part of Tract"C" Weld County Business Park P.U.D. a subdivision within the City of Greeley,
County of Weld, State of Colorado, more particularly described as follows:
Commencing at the Northeast Corner of Section 31, Township 6 North, Range 65 West of the
6th Principal Meridian, and considering the East line of the Northeast Quarter (NE1/4)to bear
South 00° 00' 00" West, to the East Quarter(E1/4) Corner of said Section, with all bearings
contained herein being relative thereto; thence along the said East line of the Northeast Quarter
(NE1/4), also being the centerline of 11th Avenue, South 00° 00 '00" West, a distance of
1,545.00 feet; thence North 90° 00' 00" West, a distance of 50.00 feet,to a point on the West
Right-of-Way line of 11th Avenue also being a point on the East line of Tract "C" Weld County
Business Park P.U.D. and the True Point of Beginning of this description.
Thence North 90° 00' 00" West, a distance of 428.37 feet, to a point on the East Right-of-Way
line of"H" Street also being the West line of Tract "C"; thence along the said line the following
three (3) courses and distances, (1) along a curve to the right having a radius of 804.75 feet, a
central angle of 35° 47' 21", an arc distance of 502.68 feet,the long chord of which bears South
03° 06' 19" West, a distance of 494.55 feet; (2)thence South 21° 00' 00" West, a distance of
250.00 feet; (3)thence along a curve to the left having a radius of 365.51 feet,a central angle of
07° 50' 34", an arc distance of 50.03 feet, the long chord of which bears South 17° 04' 43" West,
a distance of 49.99 feet; thence South 90° 00' 00" East, a distance of 559.43 feet, to a point on the
East line of Tract"C" also being the West Right-of-Way line of 11th Avenue; thence North 00°
00' 00" East, a distance of 775.00 feet to the True Point of Beginning.
Said Parcel of land contains 7.997 acres, more or less, and is subject to any Rights-of-Way or
other easements as granted or reserved by instruments of record or as now existing on said parcel
of land.
NOTE: This Legal Description is based on the Weld County Business Park P.U.D. Filing Plat as
recorded in the Weld County Clerk & Recorder office, Book 1212 Rec. No. 2158271 on October
12, 1988, and does not represent an actual survey of the property.
Legal
Description Prepared
by:
�
eg� ti""�v\
O� C . a� t
Michael C. Ketterling
Ketterling, Butherus &Norton Engineers, LLC.
820 8th Street
Greeley, Colorado 80631
September 8, 1997
111111 11111 11111 III 1111111 11111111111 III 11111 IIII VIII EXHIBIT „A..
2588074 01/07/1998 02:07P Wald County CO
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97049\STAREXH September 8. 19
V 1- , KETTERLNG, BUTIERUS & NORTON WELD COUNTY BUSINESS PARK
GREELEY, COLORADO
820 8th Street Greeley, Colorado
ENGINEERS (970) 395-9880 STARPAK PARCEL
7 Cfl3
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Exhibit"B"
Year Balance
December 11, 1997 to December 11, 1998 $261,360.00
December 11, 1998 to December 11, 1999 $235,224.00
December 11, 1999 to December 11, 2000 $209,088.00
December 11, 2000 to December 11, 2001 $182,952.00
December 11, 2001 to December 11, 2002 $156,816.00
December 11, 2002 to December 11, 2003 $130,680.00
December 11, 2003 to December 11, 2004 $104,544.00
December 11, 2004 to December 11, 2005 $78,408.00
December 11, 2005 to December 11, 2006 $52,272.00
December 11, 2006 to December 11, 2007 $26,136.00
M:\W PFILES\DEEDS\STEXBBTB
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2588074 01/07/1998 02:07P Weld County CO
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