HomeMy WebLinkAbout20011640.tiff RESOLUTION
RE: APPROVE A RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF WELD
COUNTY, COLORADO, ADJUSTABLE RATE REVENUE BONDS (MAK GROUP, LLC
PROJECT) SERIES 2001 IN THE AGGREGATE PRINCIPAL AMOUNT NOT TO
EXCEED $1,345,000; MAKING DETERMINATIONS AS TO SUFFICIENCY OF
REVENUES AND AS TO OTHER MATTERS RELATED TO THE PROJECT AND
APPROVING THE FORM AND AUTHORIZING THE EXECUTION OF CERTAIN
DOCUMENTS RELATING THERETO
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, Weld County, Colorado (the "Issuer") is a legally and regularly created,
established county organized and existing under the Constitution and laws of the State of
Colorado, and
WHEREAS, the Issuer is authorized by Part 1 of Article 3 of Title 29, C. R. S., as
amended (the "Act"), to issue revenue bonds for the purpose of financing or refinancing
projects to the end of promoting industry and developing trade or other economic activity by
inducing nonprofit corporations to locate, expand or remain in the State of Colorado and to
secure and maintain a balanced economy in Colorado, to enter into financing agreements with
others for the purpose of providing revenues to pay such bonds, and further to secure the
payment of such bonds, and
WHEREAS, the following documents have been submitted to the Board of County
Commissioners (the "Board") and filed in the office of the Weld County Clerk to the Board (the
"Clerk") and are there available for public inspection:
(a) a proposed form of a Loan Agreement, dated as of June 1, 2001 (the "Loan
Agreement"), by and between the Issuer and the MAK Group, LLC (the "Company");
(b) a proposed form of a Trust Indenture, dated as of June 1, 2001 (the
"Indenture"), by and between the Issuer and Wells Fargo Bank West, National Association (the
"Trustee");
(c) the Official Statement dated June 20, 2001 (the "POS"); and
(d) a proposed form of a Bond Purchase Agreement (the "Purchase
Agreement") by and among the Issuer, the Company and Wells Fargo Brokerage Services, LLC
(the "Underwriter"), and
WHEREAS, if the Board proceeds with the Project, as defined below, then the Board is
willing to (i) enter into the Loan Agreement, the Trust Indenture and the Bond Purchase
Agreement; (ii) acknowledge the use and distribution of the Official Statement and consent to
the use of the information therein under the caption "THE ISSUER"; and (iii) issue, execute and
delivery the Bonds, and
2001-1640
FI0033
RESOLUTION TO AUTHORIZE ISSUANCE OF BONDS (MAK GROUP, LLC)
PAGE 2
WHEREAS, if the Board proceeds with the Project, as defined below, then the issuance
of the Bonds shall be approved by the "applicable elected representative" of the State of
Colorado (the "State") following proceedings under, and in accordance with, Section 147 (f) of
the Internal Revenue Code of 1986, as amended (the "Code"), and the regulations promulgated
thereunder (the "Regulations"), and
WHEREAS, the Board desires to issue at this time Weld County, Colorado, Adjustable
Rate Revenue Bonds (MAK Group, LLC Project) Series 2001, in the total principal amount not
to exceed $1,345,000 (the "Bonds"), for the presently anticipated purposes of financing (i) the
acquisition, development, construction, improving and equipping of a 37,800 square-foot
manufacturing facility located in Frederick, Colorado (the "Project") and (h) paying for a portion
of the costs of issuance incurred with respect to the Bonds, and
WHEREAS, it is necessary or desirable to authorize the issuance of the Bonds by
Resolution and to approve the form and authorize the execution of the aforementioned
documents thereby.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that:
Section 1. Approvals and Authorizations. The forms of the Loan Agreement, Indenture
(including the form of the Bonds) and Purchase Agreement are hereby approved with only such
changes therein, if any, as are not inconsistent herewith. In accordance with the terms of the
Indenture, Wells Fargo Bank West, National Association, is hereby appointed Trustee with
respect to the Bonds. The Underwriter is hereby appointed as the underwriter in connection
with the purchase of the Bonds. The Chair of the Board and the Clerk are hereby authorized
and directed to execute the Loan Agreement, the Indenture, the Purchase Agreement, the
Bonds, the final Official Statement, and to affix the seal of the Issuer thereto, and further to
execute and authenticate such other documents, instruments or certificates as are deemed
necessary or desirable by bond counsel in order to issue and secure the Bonds. Such
documents are to be executed in substantially the form hereinabove approved, provided that
such documents may be completed, corrected, prepared or revised as deemed necessary by
the parties thereto in order to carry out the purposes of this Bond Resolution. Copies of all of
the documents shall be delivered, filed and recorded as provided therein. The rights, title and
interest of the Issuer in the Loan Agreement when executed, shall, by the terms thereof, have
been assigned to the Trustee except as therein provided.
The proper officers of the Issuer are hereby authorized and directed to prepare and
furnish to bond counsel certified copies of all proceedings and records of the Issuer relating to
the Bonds and such other affidavits and certificates as may be required to show the facts
relating to the authorization and issuance thereof, as such facts appear from the books and
records in such officers' custody and control.
The approval hereby given to the various documents referred to above includes the
approval of such additional details therein as may be necessary and appropriate for their
completion and such modifications thereof, deletions therefrom, and additions thereto as may
2001-1640
FI0033
RESOLUTION TO AUTHORIZE ISSUANCE OF BONDS (MAK GROUP, LLC)
PAGE 3
be approved by bond counsel and Issuer's attorney prior to the execution of the documents.
The execution of any instrument by the appropriate officers of the Issuer herein authorized shall
be conclusive evidence of the approval by the Issuer of such instrument in accordance with the
terms hereof.
Section 2. Issuance and Sale of Bonds. Subject to receipt by the Issuer at the time of
delivery of the Bonds of the approving legal opinion or opinions of Brownstein Hyatt & Farber,
P.C., as bond counsel, and the opinion of counsel to the Company, which opinions shall be in
forms and substance acceptable to the Issuer, the Issuer shall issue the Bonds, for the
purposes, in the form and upon the terms set forth in this Bond Resolution, the Indenture and
the Loan Agreement, including the form of the Bonds as set forth in the Indenture.
The Bonds shall be payable in the manner and to the persons set forth in the Indenture
and the form of the Bonds set forth therein, and shall mature no later than June 1, 2016.
The maximum net effective interest rate authorized for the Bonds is ten percent (10%)
per annum. The actual net effective interest rate for the Bonds does not exceed ten percent
(10%) per annum. The interest rates on the Bonds are as set forth in the Indenture.
Section 3. Determinations. It is hereby found, determined and declared, in accordance
with Sections 29-3-113, 29-3-114 and 29-3-120 of the Act, that:
(a) The financing of the Project will promote the public health, welfare, safety,
convenience and prosperity and promote and develop trade or other economic activity
by inducing commercial and business enterprises and nonprofit corporations to locate,
expand, or remain in the Issuer and the State of Colorado, in order to mitigate the
serious threat of extensive unemployment and to secure and maintain a balanced and
stable economy for the Issuer and the State of Colorado.
(b) The maximum amounts necessary in each year to pay the principal of and
interest on the Bonds and the interest rates to be borne by the Bonds are as provided in
the Indenture.
(c) The payments required in the Loan Agreement to be made are sufficient to
pay the principal of and interest on the Bonds when due, and to pay all other costs
required in the Loan Agreement to be paid, including all sums referred to in paragraphs
(c), (e) and (f) of this section.
(d) The Loan Agreement provides that the Company shall maintain the Project
in good repair and carry all proper insurance with respect thereto.
(e) The Loan Agreement requires that the Company pay all required taxes and
other governmental charges including, without limitation, those specified in
Section 29-3-120 of the Act with respect to the Project, and sufficient revenues for such
purpose are thereby provided.
Section 4. Nature of Obligation. Under the provisions of the Act, and as provided in the
2001-1640
F10033
RESOLUTION TO AUTHORIZE ISSUANCE OF BONDS (MAK GROUP, LLC)
PAGE 4
Loan Agreement, the Bonds shall be special, limited obligations of the Issuer payable solely
from, and secured by a pledge of the revenues derived from the Loan Agreement. The Issuer
will not pledge any of its property or secure the payment of the Bonds with its property. The
Bonds and the interest thereon shall never constitute the debt or indebtedness or the financial
obligation of the Issuer within the meaning of any provision or limitation of the Colorado
Constitution or statutes of the State of Colorado and shall not constitute or give rise to a
pecuniary liability of the Issuer, its agents, employees or officers, or a charge against its general
credit or taxing powers. In entering into the Loan Agreement, the Indenture and the other
documents relating to the issuance of the Bonds to which the Issuer is a party, the Issuer will
not obligate itself, except with respect to the application of the revenues derived from the Loan
Agreement and the Bond proceeds. The Issuer will not pay out of its general fund or otherwise
contribute any part of the Cost of the Project (as said term is defined in the Indenture). No
costs are to be borne by the Issuer in connection with the issuance of the Bonds. The Loan
Agreement provides that all fees and expenses of the Issuer shall be paid by the Company.
Section 5. Bond, Preliminary Official Statement and Official Statement Printing. The
officers of the Issuer are hereby authorized and directed to assist in, to the extent necessary,
the printing of the Bonds, the POS and a final Official Statement with respect to the Bonds, all
in connection with the offer and purchase of the Bonds, provided that no costs are to be borne
by the Issuer in connection therewith.
Section 6. Bond Resolution Irrepealable. After the Bonds are issued, this Bond
Resolution shall constitute an irrevocable contract between the Issuer and the holders of the
Bonds and shall be and remain irrepealable until the Bonds, both principal and interest, shall be
fully paid, canceled and discharged.
Section 7. Ratification. All actions heretofore taken by the Issuer and by the officers
thereof or on their behalf not inconsistent herewith directed toward the financing of the Project
and the issuance and sale of the Bonds are ratified, approved and confirmed.
Section 8. Repealer. All acts, orders, resolutions or parts thereof, taken by the Issuer
and in conflict with this Bond Resolution, are hereby repealed, to the extent of such
inconsistency except that this repealer shall not be construed so as to revive any act, order,
resolution, or part thereof, heretofore repealed.
Section 9. Other Matters. By the passage of this Bond Resolution, the Board does not
intend to approve, nor is it approving hereby, any matters relating to licensing, subdivision,
zoning, planning or landscaping of the Project. Approval of such matters must be obtained
under normal procedures of the Issuer.
Section 10. Severability. If any paragraph, clause, section or provision of this Bond
Resolution, except Section 4 hereof, is judicially adjudged invalid or unenforceable, such
judgment shall not effect, impair or invalidate the remaining paragraphs, clauses, sections or
provisions hereof.
Section 11. Effective Date. This Resolution shall be effective upon its adoption.
2001-1640
FI0033
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 20th day of June, A.D., 2001.
BOARD OF COUNTY COMMISSIONERS
WELD CO TY, COLORADO
rJ �`
M. J Geile, Chair
o the Board
361 l� c �'• EXCUSED
Glenn Vaad, Pro-Tern
erKto t —1:c d 2-1 " f/ / ,
--:.- Willi H. Jerke
APP ED AST RM: cy A E
av E. Lo
T- cri
ounty Attorn y
Robert D. Masden
r
2001-1640
F10033
CERTIFIED RECORD
OF
PROCEEDINGS
OF
THE BOARD OF COUNTY COMMISSIONERS
OF
WELD COUNTY, COLORADO
RELATING TO
A RESOLUTION
AUTHORIZING THE ISSUANCE OF
ADJUSTABLE RATE REVENUE BONDS FOR
MAK GROUP, LLC PROJECT
STATE OF COLORADO
) ss.
COUNTY OF WELD
The Board of County Commissioners of Weld County, Colorado, held a regular
meeting open to the public at the 1st Floor Hearing Room located at 915 10th Street, Greeley,
Colorado, on Wednesday, the 20th day of June, 2001, at the hour of 9:00 a.m.
The following members of the Board of County Commissioners, constituting a
quorum thereof, were present:
Name Title
M. J. Geile Chair, Board of County Commissioners
David E. Long Commissioner
William H. Jerke Commissioner
Robert D. Masden Commissioner
The following persons were also present:
Bruce Barker, County Attorney
Donald D. Warden, Director of Finance and Administration
Thereupon, the following proceedings, among others, were had and taken:
Commissioner 4-4-see,-t--- introduced Resolution #2001-1640, which
was read by title and moved that the same be adopted.
Commissioner A--- seconded the motion,which carried unanimously.
(�a/l/,('./'itC444/1
Clerk to the Board
Weld County, Colorado
(SEAL)
STATE OF COLORADO
) ss.
COUNTY OF WELD
I, Donald D.Warden,Clerk to the Board of Weld County,Colorado,do hereby certify
that the attached copy of Resolution#2001-1640, is a true and correct copy thereof as passed and
adopted by the Board of County Commissioners at a regular meeting thereof held at the 1st Floor
Hearing Room in Greeley, Colorado, the regular meeting place thereof, on Wednesday, the 20th
day of June, 2001; that the original of said Resolution has been duly executed and authenticated
by the signatures of the Chair of the Board of the County Commissioners and myself, as County
Clerk to the Board, and sealed with the seal of the County; that the foregoing pages numbered 1
through 5 inclusive, constitute a full, true and correct copy of the record of the proceedings of the
Board of County Commissioners at said regular meeting insofar as said proceedings relate to said
Resolution;that said proceedings were duly had and taken; that said meetings were duly held;and
that the persons were present at said meeting as therein shown.
IN WITNESS WHEREOF, I have hereunto set my hand and the seal of Weld
County, Colorado, this 20th day of June, 2001.
County Clerk to the Board
Weld County, Colorado
(SEAL)
NOTICE OF PUBLIC HEARING
IN CONNECTION WITH THE ISSUANCE BY
WELD COUNTY, COLORADO
OF ITS
ADJUSTABLE RATE REVENUE BONDS
(WALL TECHNOLOGY, INC., PROJECT)
SERIES 2001
PUBLIC NOTICE IS HEREBY GIVEN that the Board of County Commissioners of
the County of Weld, Colorado (the "Board of County Commissioners") will hold a public
hearing on the 4th day of June,2001, at or about 9:00 am, at 915 10th Street, 1st Floor Hearing
Room, Greeley, Colorado 80632, on the proposed issuance by Weld County, Colorado of its
Adjustable Rate Revenue Bonds (Wall Technology, Inc. Project) Series 2001, in the total
principal amount not to exceed$1,345,000(the"Bonds"). Proceeds of the Bonds will be loaned
to Wall Technology, Inc. (the "Borrower") to finance a manufacturing facility consisting of a
building containing approximately 37,800 square-feet located in the Glacier Business Park,
Frederick, Colorado (the "Project"). The Project will be owned by the Wall Technology, Inc.,
a Colorado corporation.
It is intended that the interest payable on the Bonds be excludable from the gross income
of the owners thereof for federal income tax purpose pursuant to the applicable provisions of
the Internal Revenue Code of 1986, as amended.
The Board of County Commissioners will,at the above stated time and place,receive any
written comments from and hear all persons with views in favor of or opposed to the proposed
issuance of the Bonds and the use of the proceeds thereof to finance the Project.
Dated: May 11, 2001
Publication date: May 16, 2001, in the Tri-Town Farmer and Miner.
5394\195\634407.2
aooi -/y?P
Affidavit of Publication
STATE OF COLORADO
County of Weld SS.
I A. Winkler Riesel of said County of Weld being NORMS,PWICL�AMN
duly sworn,say that I am publisher of IN CONNECTION WTI THE
Illitalal
FARMER&MINERA
WEIR COtM COEOBADO
that the same is a weekly newspaper of general Of F EIS
circulation was printed and published in the town of ADJUSTABLE RATE REVENUE
BONDS
FREDERICK (WALL TECHNOLOGY,INC.,
OJECTI
in said county and state that the notice of SERIES R1
advertisement,of which the annexed is a true copy has
been published in said weekly newspaper for PUBLIC NOTICE IS
HBIEBVGIVEN thattne Board
ONE consecutive weeks: that the notice was of County Commissioners of
the County of Welof
published in the regular and entire issue of every
during the period and time Colorado (the 'Board of
number of said newspaper
holds ubmmearingron the
will
of publication of said notice and in the newspaper holtlopubuc hearing on the
proper and not in a supplement thereof: that the first 4th day of June,203l,at or
publication of said notice was contained in the issue of about 9:00 a.m.,of 91510th
said newspaper bearing the date of Street, 1st Floor Hearing
Room, Greeley. Colorado
MAY 16 A,D.2001 and the last publication thereof, 80632 on f proposed
Weld Issuance by County,
in the issue of said newspaper, bearing date, the Colorado of its Adjustable
16th day of MAY 2001 that the said Rote Revenue Bond (Wan
Technology, Inc.. Project)
FARMER &MINER Series 2001, in the total
principal amount not to
has been published continuously and uninterruptedly exceed 51,345.000 (the
during the period of at least fifty-two consecutive 'Borfl'). Proceeds of the
weeks next prior to the first issue thereof containing Bonds will be loaned to Wdl
said notice or advertisement above referred to: and Technology, Inc. (the
'Brthat said newspaper was at the time of each of the manufacturing finance ring facility
publications of said notice duly qualified for that consisting of a founding
purpose within the meaning of an act entitled. "An containing approximately
Act Concerning Legal Notices, Advertisements and 37,800 square-feet located
Publications and the Fees of Printers and Publishers in the Glacier Business Pat.
thereof, and to Repeal all Acts and Parts of Acts in Frederick, Colorado (the
Conflict with the Provisions of this Act" approved Prgecf). The Project will
April 7, 1921, and all amendments thereof, and be owned by the Wall Technology,lnc,o Cdaotlo
particularly as amended by an act approved, March corporation.
30, 1923,and an act approved May 13, 1931. • B Is intended that the
interest payable on the
ye-) /' ' Bondrbe excluded Pan the
X.. s O A Rag Income of the OwTMf
thereof for federal income
Puplistler tax propose pursuant to the
.-.. . applcdble provisions of the
Internal Revenue Code of
Subscribed and sworn to before me this 16th day of 1986,as amended.
The Board of county
MAY. A.D, 2001 Commissioners will, of he
above stated time and
----- pbce, receive any written
comments from and hear all
/ Melons with views in favor of
or opposed tot he proposed
�% � Issuance of the Bonds and
C.111-otary Public the Lase of the proceeds
theeof to finance the
DISCI,
P.O.BOX 125 uoWDated: May 11,2007
Ped in the Thrownfaifl,sand Miner May 16.
2WL
FT.LUPTON, CO 80621 .
NOTICE OF PUBLIC HEARING
IN CONNECTION WITH THE ISSUANCE BY
WELD COUNTY, COLORADO
OF ITS
ADJUSTABLE RATE REVENUE BONDS
(WALL TECHNOLOGY, INC. PROJECT)
SERIES 2001
PUBLIC NOTICE IS HEREBY GIVEN that the Board of County Commissioners of the
County of Weld, Colorado (the "Board of County Commissioners") will hold a public hearing on
the 11th day of June, 2001, at or about 9:00 a.m., at 915 10th Street, 1st Floor Hearing Room,
Greeley, Colorado 80632, on the proposed issuance by Weld County, Colorado, of its Adjustable
Rate Revenue Bonds (Wall Technology, Inc. Project), Series 2001, in the total principal amount
not to exceed $1,345,000 (the "Bonds"). Proceeds of the Bonds will be loaned to Wall
Technology, Inc. (the "Borrower") to finance a manufacturing facility consisting of a building
containing approximately 37,800 square feet located in the Glacier Business Park, at 3771
Eureka Way, Frederick, Colorado (the "Project"). The Project will be owned by Wall
Technology, Inc., a Colorado corporation.
It is intended that the interest payable on the Bonds be excludable from the gross income of
the owners thereof for Federal income tax purpose pursuant to the applicable provisions of the
Internal Revenue Code of 1986, as amended.
The Board of County Commissioners will, at the above stated time and place, receive any
written comments from and hear all persons with views in favor of, or opposed to, the proposed
issuance of the Bonds and the use of the proceeds thereof to finance the Project.
Dated: May 18, 2001
Publication date: May 23, 2001, in the Tri-Town Farmer and Miner
an—/— l5
Affidavit of Publication
STATE OF COLORADO
County of Weld SS.
I A. Winkler Riesel of said County of Weld being NOTICE O PIINR:IfARRRi
duly sworn,say that I am publisher of IN CONNECTION WItH 111E
ISSUANCE IV ..
FARMER&MINER WELD COUNTY,COLORADO
that the same is a weekly newspaper of general OF ITS
circulation was printed and published in the town of ADJUSTABLE RATE REVENUE
BONDS
FREDERICK (WALL TECHNOLOGY,INC.
PROJECT)
in said county and state that the notice of1
advertisement,of which the annexed is a true copy has
been published in said weekly newspaper for PUBLIC NOTICE IS HEREBY
GIVEN that the Boat of
ONE consecutive weeks: that the notice was CountyCornmeslchersofthe
published in the regular and entire issue of every (thCounty of Weld, CCIounty
number of said newspaper during the period and time Co ri ) dta
Commissioners")hearing.
we hold a
of publication of said notice and in the newspaper public heanrp.on the I Ith
proper and not in a supplement thereof: that the first dayofJune.2001,otaoaout
publication of said notice was contained in the issue of 9'.00 a.m..at915 loth Street,
said newspaper bearing the date of .1st Floor Hearing Room.Greeley,Colorado 80632 on
thMAY 23 A.D.2001 and the last publication thereof, We proposed Issuance by
f
WeldCaube._ate Revenue
e
in the issue of said newspaper, bearing date, the Its Adjustable Rote ReverUe
23rd day of MAY 2001 that the said IBonds(WollTechnology,Inc.
Project). Series 2001. In the
FARMER &MINER total prindpd amount sotto
exceed $1,345,00 (the
has been published continuously and uninterruptedly 'Bono"). Proceeds of the
during the period of at least fifty-two consecutive Bonds will be loaned to Wa#
weeks next prior to the first issue thereof containing Technology, inc. (The
said notice or advertisement above referred to: and "Borrower) to finance a
that said newspaper was at the time of each of the ^'°^ufpCNNing facility
publications of said notice duly qualified for that consisting of a building
within the meaning of an act entitled. "An containing sng approximately
located
purpose in tie squae si located
Act Concerning Legal Notices, Advertisements and in the Glacier Business Park
Publications and the Fees of Printers and Publishers at 3771 Eureka Way,
thereof, and to Repeal all Acts and Parts of Acts in Frederick, Colorado (the
Conflict with the Provisions of this Act" approved 'Reject'). The Project win
April 7, 1921, and all amendments thereof, and be owned by Wall
particularly as amended by an act approved, March Technology,Inc.,oCollorodo
30, 1923,and an act approved May 13,1931. Corporation.
• It e Intended that the interest
pay° e on the Bonds be
�J,/ dexcluded from the gross
�...��,� far Federal
income
cen eertax
row.elter for Federal tax
purpose pursuant to the
Subscribed and sworn to before me this 23rd day of oppecabie'swaeons of the
I986:OI neAIIPUP Code of
1986.as amended
MAY. A.D. 2001
The Board of County
Commissioners will, at the
above stated time and
•
place, receive any written
• /1 ; commentsfromand hear all
'{/�' persons with views in favor
Notary Public/ ot, or opposed to. the
/ proposed issuance of the
Bands and the use of the
P.O.BOX 125 proceeds thereof to finance
the Protect.
FT. Doted: May le,tool
LUPTON. CO 80621
Published in the Tri-Town
Farmer and Miner Moy 23,
2001.
�'' . t :...rf-. •_ .,r':f3H
NOTICE OF PUBLIC HEARING
IN CONNECTION WITH THE ISSUANCE BY
WELD COUNTY, COLORADO
OF ITS
ADJUSTABLE RATE REVENUE BONDS
(WALL TECHNOLOGY, INC. PROJECT)
SERIES 2001
PUBLIC NOTICE IS HEREBY GIVEN that the Board of County Commissioners of the
County of Weld, Colorado (the "Board of County Commissioners")will hold a public hearing on
the 13th day of June, 2001, at or about 9:00 a.m., at 915 10th Street, 1st Floor Hearing Room,
Greeley, Colorado 80632, on the proposed issuance by Weld County, Colorado, of its Adjustable
Rate Revenue Bonds (MAK Group, LLC, Project), Series 2001, in the total principal amount not
to exceed $1,345,000 (the "Bonds"). Proceeds of the Bonds will be loaned to MAK Group, LLC,
a Colorado limited liability company(the "Borrower") to finance a manufacturing facility
consisting of a building containing approximately 37,800 square feet located in the Glacier
Business Park, at 3771 Eureka Way, Frederick, Colorado (the "Project"). The Project will be
owned by MAK Group, LLC, and will be leased to Wall Technology, Inc.
It is intended that the interest payable on the Bonds be excludable from the gross income of
the owners thereof for Federal income tax purpose pursuant to the applicable provisions of the
Internal Revenue Code of 1986, as amended.
The Board of County Commissioners will, at the above stated time and place, receive any
written comments from and hear all persons with views in favor of, or opposed to, the proposed
issuance of the Bonds and the use of the proceeds thereof to finance the Project.
Dated: May 24, 2001
Publication date: May 30, 2001, in the Tri-Town Farmer and Miner
Affidavit of Publication
STATE OF COLORADO
County of Weld SS.
I A. Winkler Riesel of said County of Weld being
duly sworn,say that I am publisher of
FARMER&MINER
that the same is a weekly newspaper of general
circulation was printed and published in the town of NONCE OF PUNIC MINING
M CONVECTION WRIT DE
FREDERICK NBEIANCE BY
WELD COUNTY,COLORADO
in said county and state that the notice of C,IPS
advertisement,of which the annexed is a true copy has ADJUSTABLE RATE REVENUE
been published in said weekly newspaper for BONDS
(WALL TECHNOLOGY,INC.,
ONE consecutive weeks: that the notice was PROJECT)
SERIES 2001
published in the regular and entire issue of every
number of said newspaper during the period and time PUBLIC NOTICE IS
of publication of said notice and in the newspaper HEREBYGIVENmatmeBoard
proper and not in a supplement thereof: that the first of County Commissioners of
publication of said notice was contained in the issue of the County of Weld,
said newspaper bearing the date of Colorado (the 'Board of
County Commissioners')MN
MAY 30 A.D.2001 and the last publication thereof, hold a ypublicJune,2 1, the
day of June, as
in the issue of said newspaper, bearing date, the about 9:10o.m..at 915 IOIh
301hday of MAY 2001,that the said Street, 1st Floor Hoofing
Room, Greeley. Colorado
FARMER &MINER 80632, on the proposed
Issuance by Weld County,
has been published continuously and uninterruptedly Colorado, of Its Adjustable
during the period of at least fifty-two consecutive Rate Revenue Bond (MAK
weeks next prior to the first issue thereof containing Group.LLC.,Project),Series
said notice or advertisement above referred to: and 2(01. Vs the total principal
amount not to exceed
that said newspaper was at the time of each of the $1.345.000 (the 'Bonds').
publications of said notice duly qualified for that Proceedsofthe Bondswlll be
purpose within the meaning of an act entitled. "An Moaned to MM Group.(LC..
Act Concerning Legal Notices, Advertisements and o Colorado Limited Liability
Publications and the Fees of Printers and Publishers Company(The 'Borrower')
thereof, and to Repeal all Acts and Parts of Acts in to Mane o manufacturing
Conflict with the Provisions of this Act" approved foOWCdngftklgofabulldng
April 7, 1921, and all amendments thereof, and containing approximately
37800 square feet located
particularly as amended by an act approved, March n tie Gklcler Business Park
30, 1923,and an act approved May 13,1931. at 3771 Eureka Way.
Frederick. Colorado (the
P1gecP). The project w*
be owned by MM Group,
A.t._ , e4J ,%i / tiC..and will be leased to
er �} //,l/ WIN Technology,Inc.
�� J / Q .J// • It is Intended that Ile
1� interest payable on the
Subscribed and sworn to before me this 30th day of Ocholsbeexdudedfromlhe
gross Income of me Owners
MAY. A.D. 2001 *areal By Federal Inane
tax pupose pursuant to the
aEAlicable provisions of the
Internal Revenue Code of
ices as amended.
C *..7ne_e'
'y� 1M Board ofd. Caxue(\ .n.c/p'jQ above h ate ti o11 dNotary Public above
time
• comments from and head,
P.O.BOX 125 persons views in favor
of, or opposed ta, the
proposed Issuance of the
Bonds and the use of the
FT.LUPTON. CO 80621 Proceedsthereofto finance
the Project.
Dated: May 24.2(01.
Published in the Tri-Town
Farmer and Miner May 30.
2(101.
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