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Home My WebLink About840717.tiff ORDINANCE NO. 129 AR197&694 AN ORDINANCE AUTHORIZING THE COUNTY OF WELD, COLORADO, TO ENTER INTO A LEASE AGREEMENT AS LESSEE FOR CERTAIN REAL PROPERTY AND IMPROVEMENTS THEREON AND TO ENTER INTO A SUBLEASE AS SUBLESSOR OF SAID REAL PROPERTY AND THE IMPROVEMENTS THEREON TO COLORADO COUNTIES, INC. , A COLORADO NOT FOR PROFIT CORPORATION; APPROVING THE FORM AND EXECUTION OF THE LEASE AGREEMENT AND THE ASSIGNMENT AND TRUST AGREEMENT; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO: WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to the laws of the State of Colorado, hereby finds and determines that there exists a necessity for the provision of administrative facilities for Colorado Counties, Inc. , a Colorado not for profit corporation (the Corporation) , of which Weld County is a member; and WHEREAS, the Corporation has requested that Weld County enter into a lease agreement (the Lease Agreement) between Weld County and United Bank of Greeley, a Colorado banking corporation (the Bank) , a copy of which is attached hereto as Exhibit A; and WHEREAS, the Corporation has further requested that upon the entering into of the Lease Agreement by Weld County, that Weld County then enter into a sublease agreement with the Corporation for a term of fifteen (15) years from the date thereof; and WHEREAS, it is now necessary to provide for the Lease Agreement, the sublease and any other matters relating to the entering into of those Agreements; and B 1041 RFC 01978694 08/23/84 11: 51 $0 . 00 1/004 F 0154 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO -1- 840717 NOW THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Weld County, Colorado that Ordinance 129 be, and hereby is enacted as follows: Section 1 . Lease Details . By virtue of and pursuant to the Home Rule Charter of Weld County, Colorado and the laws of the State of Colorado, the Lease Agreement attached hereto and incorporated herein by this reference, including all of the terms and provisions thereof, shall be entered into by Weld County; provided, however, the Lease Agreement shall be dated July 1 , 1984 and all dates therein changed accordingly. Section 2. Sublease Agreement. A sublease agreement shall be entered into by Weld County as the Sublessor and Colorado Counties, Inc. as the Sublessee. Section 3. Assignment and Trust Agreement. A form of Assignment and Trust Agreement is attached hereto and incorporated herein by this reference. Such Assignment and Trust Agreement shall be entered into by Weld County to provide a vehicle by which interest in the Lease Agreement may be conveyed to ultimate investors ; provided, however, the Assignment and Trust Agreement shall be dated July 1 , 1984 and all dates changed accordingly therein; provided, further, Section 3.03 of the Assignment and Trust Agreement shall be amended to reflect the following maturity schedule: B 1041 REC 01978694 08/23/84 11 : 51 $0. 00 2/004 F 0155 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO -2- Maturity Date (October 1) Principal Amount Interest Rate 1984 $ -0- 1985 -0- 1986 -0- 1987 5 ,000 8.50% 1988 10,000 9.25% 1989 15,000 9.75% 1990 20,000 10.00% 1991 25,000 10.25% 1992 30,000 10.50% 1993 35,000 10.75% 1994 40,000 11 .00% 1995 50,000 11 .00% 1996 55,000 11 .25% 1997 70,000 11 .25% 1998 80,000 11 .40% 1999 190,000 11 .40% Section 4. Execution of Agreements. The Lease Agreement and the Assignment and Trust Agreement shall be approved in final form by the County Attorney and signed with the manual signature of the Chairman of the Board of County Commissioners , sealed with an impression of the seal of the County and countersigned by the manual signature of the County Clerk and Recorder. A form of sublease agreement shall be approved by the County Attorney and executed as herein provided for the Lease Agreement. Section 5. Emergency. It is hereby found, determined and declared that this Ordinance is necessary to the immediate preservation of the public health and safety and shall be effective upon adoption to thus enable the entering into of the Agreements cited herein and the transaction contemplated and authorized by this Ordinance. In the opinion of the financial advisors to the County, United Bank of Denver, N.A. and Prudential-Bache Securities, Inc. , Anderson DeMonbrun Division, in order to successfully accomplish the transaction herein B 1041 REC 01978694 08/23/84 11 : 51 $0. 00 3/004 F 0156 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO -3- contemplated, the Agreements must be entered into on or about July 25, 1984, which date necessitates the passage of this Ordinance as an emergency ordinance. Section 6. Effective Date. This Ordinance shall take effect upon enactment, as provided by Section 3-14(6) of the Weld County Home Rule Charter. The above and foregoing Ordinance No. 129 was , on motion duly made and seconded, adopted by the following vote on the 20th day of June, 1984. ATTEST: - � BOARD OF COUNTY COMMISSIONERS , 14, WELD COUNTY, COLORADO Weld County -Clerk and Recorder and' CleYk.t0 pfie`.Board , ' f% ' -l ' c72 d�.,,�,--- ( �~— —f' c` ,i / Norman Carlson, Chairman �' Xlo ty clerk 4�.w�-- Ja ne J nson, Pro-Tem APPROVED A TO FORM: / ene R. Brant G2 2 T omas O. Dav d C t1 Carlson County Attorney ; c-�. T J j2 in T. Martin B 1041 REC 01978694 08/23/84 11 : 51 $0. 00 4/004 F 0157 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO PUBLISHED: June 28, 1984 - La Salle Leader -4- ERICK D. STOWE A PROFESSIONAL CORPORATION ATTORNEYS AT LAW ERICK D.STOWE 1666 SOUTH UNIVERSITY BOULEVARD IN ASSOCIATION WITH LAW OFFICES OF LICENSED IN COLORADO DENVER,COLORADO 80210-2890 AND WYOMING. TIMOTHY I.SABO TELEPHONE (303) 608-2423 LOS ANGELES.CALIFORNIA (213) 704-0195 TELECOPIER (303) 778-6521 TIMOTHY 1-SABO DAVID F.OONDEK LISA A.WOOL ABOVE INDDLIDUALS LICENSED IN CALIFORNIA ONLY July 13, 1984 tun f f}'NTY T e. •)pc' r �Clerk to the Board' s Office JUL 1 6 1984 ! P.O. Box 758 Greeley, Colorado 80632 GREELEY. COLO. Attention: Tommie Re : Weld Mental Health Center, Inc . Project Dear Tommie : Thank you very much for your patience in waiting for the final drafts of these documents . I apologize for having taken so long. Enclosed are the final drafts of the Indenture of Trust, the Loan Agreement and the Combination Mortgage and Security Agreement. If you have any questions or comments, please do not hesitate to call . Very tru yo s, /r ' Erick D. Stowe EDS:km pc : Fred Cornwall 9 P 206 962 358 rn SENDER: Complete items 1,?,3and4. T o Put your address in the"RETURN Td`epace on the RECEIPT FOR CERTIFIED MAIL 3 reverse side. Failure to do this will prevent this card from W being returned to you.The return receipt fee will provide NO INSURANCE COVERAGE PROVIDED— 13 you the name of the person delivered to and the date of NOT FOR INTERNATIONAL MAIL delivery. For additional fees the following services are available.Consult postmaster for fees end check box lest for serwc ) requested. Erick D. Stowe .. ¢�s 1666 S. University Blvd. gip 1. Snow to whom,date and address of delivery. Denver, CO 80210-2890 to 2. ❑ Restricted Delivery. — 3. Erick D. Stowe STAGE 1666 S . University Blvd. CERTIFIED FEE N Denver, CO 80210-2890 w SPECIAL DELIVERY ¢ • P a: RESTRICTED DELIVERY a es u. SHOW TO WHOM AND m w m a 4 Type of Service: Article NL Mfer Le — =' GATE DELIVEREDLe CY Q Q _ U f w w SHOW M WHOM.DATE g rtitered 0 Insured i— toi- to AND ADDRESS OF a ?A' Certified 0 COD / !p' i el ._ ❑ Express Mail 9(pq7 3,J o w SHOW TO WHOM AND DATE o t e: DELIVERED WITH RESTRICTS ¢ i o DELIVERY % Always obtain signature of addressee QLagent and e rn snow ro WHOM.DATE AND -- - DATE DELIVERED. ADDRESS OF DELIVERY WITH a .o RESTRICTED DELIVERY O 5. Signature — Addressee n. TOTAL POSTAGE AND FEES $ 3 _ X — • a ._ y inn e - Agent POSTMARK OR DATE /� Sp 1ty` n �a—.�Cit i n� ], ate of Deliveryq • / o c u. S 8. Addressee's Address/ONLY if re . ' •dali '- i,ries Z 4 - -- - - g "Gal C4wt•41, m . ,:,. ,..... ,afirser. J." ENDORSEMENT ARTHUR J. GALLAGHER & CO. Date July 26, 1984 4155 EAST JEWELL AVENUE,SUITE 1018 DENVER,COLORADO 80222 This endorsement forms a part of your policy, and should be attached to the same without fail. (303) 759-9020 Company Great American Insurance Company Policy No. #BP6395446 Coverage amendment of Named Insured COLORADO COUNTIES, INC. • 1500 Grant Street Denver, CO 80206 09751 • k � Y �::�e INSURED POLICY NUMBER ji Colorado Counties, Inc. B? 6395446 EFFECTIVE DATE POLICY PERIOD AUTNORIIED REPRESENTATIVE 7-26-84 3-22-84 to 3-22-85 (grthur J. Gallagher & Co.-Denyer C EATd1NER1GIN Complete the above spaces if this endorsement is not attached to the policy whew issued. INSURANCE COMPANIES GENERALENDORSEMENT It is hereby agreed and understood the Named Insured is amended to include; Colorado Counties, Inc. United Bank of Greeley, N.A. Weld County, Colorado (As Their Interest May Appear) All other terms and conditions remain the same. 7-26-84 pam THIS POLICY IS SUBJECT OTHERWISE TO ALL ITS TERMS F.14004H-4-73 ni)`t LEGAL NOTICE Maturity . BOARD OF COUNTY 'rF ORDINANCE NO.139 October 1 COMMISSIONERS 19M • WELD COUNTY,COLORADO AN ORDINANCE AUTHORIZING 19" _ THE COUNTY OF WELD, COLO- 1/99 • Nm ieoran Cath ,Cbeirman i RADO,TO ENTER INTO A LEASE 19" JacOueline Johnson, ro•Tem 19 AGREEMENT AS LESSEE FOR 1944 Gene R.Branmer CERTAIN REAL PROPERTY 1999 Chuck Carlson AND IMPROVEMENTS THERE. 1990 Jinn T.Martin Affidj�9 e ON AND TO ENTER INTO A 1991 avit of Publication SUBLEASE AS SUBLESSOR OF 1943 SAID REAL PROPERTY AND 1993 •- THE IMPROVEMENTS THERE- 199a ON TO COLORADO COUNTIES, 1995 AA- CF CCLOBACO. INC., A COLORADO NOT FOR LW!: p, PROFIT CORPORATION; AP- • ta: ATTEST: County of Weld. ) PROVING THE FORM AND EX- inn Maty`Aon •in ELUTION OF THE LEASE AG- 1199 %Wed County y ad Retarder 7 . REEMENT AND THE ASSIGN- and-Cyrk to the Clerk k the Beard L cirn J d ME NT AND TRUST AGREE- . Principal Amount by:ty teu Antoine ii at ' MENT; AND DECLARING AN a- Deputy COYIny Clerk EMERGENCY. said County d Weld. being ly sworn, say that AP►ROVED.AS TO FORM: I am gablishi [ N' BE IT ORDAINED BY THE 10000 - Thomas ttorne David BOARD OF COUNTY COMMIS- County Attorney #7./IkL SIGNERS OF WELD COUNTY, IS,000puNlmed In Me La Leader COLORADO: 30,000N the same u a wspaper of genera{ WHEREAS,the Board of County 35Aaa en Published i the se,Salle Commissioners of Weld County, 44•" __ dradation strut published in the Colorado, pursuant to the laws of 35,000 town d J c J/l` the Stat of Colorado,hereby rinds 40,000, determines and L"mat there exists a SILL" in said county and slaw: that the notice or Seer- necessity for the provision ef 55, administrative facilities for Colo- 30000 '000 Iisensen4 of which the annexed is a troy :any, rode Colman,Ins,.Colorado not 44'000 . has been published in said weekly newspaper for profit corporation(me Corpora- 1%499 lion of which Weld County is a Interest Rafe • for naaaupve member;), and wait that the notice was published in th' - requested mat Weld County enter WHEREAS,the Corporation has --- requict ariut entire issue et every --- number of said into a lease agreement (the Lease 8.50% - newspaper donuts too period and time at pubh. ndeement) between eJmted Bank of WGreeley, a 9.35% a cation of said nonce and in LS* newspaper Colorado banking corporation (the 9•y5% propel send not m a suppleawm Ihereai; that the Bank),a copy of which is attached 10.05% hereto as Exhibit A; and 10.25% 50% (fret pabL•Cofion al said nonce was contained In WHEREAS,the Corporation has 10'50% the a of said, wspaPer bertha date ms further requested that upon the 10,33% 7 .�i ' entering into of the Lease Agree. 11.0eeo% iLSL day of t(y A..,,, lea r meat by Weld County, that Weld 11.25% and the lost p• ...noes thwart. In to of County then enter into a sublease 11.25% agreement with the Corporation for 1140% sOnd/••ppeeJwapepe' bearing date,�the day C' a term of fifteen(15)years from the �� I9tr{; that the said date thereof; and ll.ad% ✓ WHEREAS,it is now necessary Section 4. EXECUTION OF ,9�� to provide for•the Lease Agree- AGREEMENTS.The Lease Agree. • A/h yy��99,,�- ment, the sublease and any other ment and the Assignment and Trust eA!//J� �� matters relating to the entering into Agreement shall be approved in hes been published continuously and uninterrupt• of those Agreements; and final form by the County Attorney Sly during the period of at least fifty-two con- NOW THEREFORE, BE IT OR- lure d signed Chairman afualore sBard a•Cify.weeks pert prior so the lint issue thereof DAINED by the Board of Countyoners of County Commissioners, sealed Colorado of We md County,and with an impression of the Seal of the =Inkling said nonce or mistreatment above Colorado that Ordinance l99 be,and County and countersigned by the retorted tai and ant said newpeper wee at the hereby is enacted as follows: manual signature of the County Section I.LEASE DETAILS. By Clerk and Recorder. A form of time al nth of the publications el said nnohee, virtue of and pursuant to the Nome sublease agreement shall be ap- duiy qudYiod fat that purpae "am the meas. Rule Charter of Weld County, proved by the County Attorney and In;ai as CM. entitled. "An Act Gncemina ICSColorado and the laws of the State executed as herein provided for the of Colorado,the Lease Agreement Lease Agreement. Notices. Adverisements and Publications, and attached hereto and incorporated Section S. EMERGENCY. It is the Fees at pitmen and Prnbluhere thereat and herein by this reference, including hereby found,determined and de- all of the terms and provisions dared that bit Ordinance is neces.Repeal allAcm and Pats al Acts in Conflict thereof, shall be entered into by sary to the immediate preservation with tlse Provisions of this Act" approved Apo T. Weld County; provided, however, of the public health and safety and !4_"1, and all eplxndments thereof. and the Lease Agreement shall be dated shall be effective upon adoption to Phi' July I, 1944 and all dates therein thus•nablathe entering Into of the lady a amended by an act approved arch Jli. Changed accordingly. Agreements Cited herein ad the and on t g tr.red May ( 7:.:-/ Section SUBLEASE AGREE- transaction Contemplated and au- MENT.Asableaseagreementmall thorized by ibis Ordinance. In the �_ be entered into by Weld County as opinion of the financial advisors to the Sublessor and Colorado Coon- the County,United Bank of Denver, • • flea, Inc.as 199 Sabine*. N.A. and Prudinnat-fiche Smut. Ines, Inc Anderson•w Section 3. ASSIGNMENT ANDteSIMIly TRUST AGREEMENT. A form of accoMondrun Divimpli in tr to ction herein Subscribed an sworn to before me this Assignment and Trust Agreement onono femplat Ile fi sgrn mens *��'• is attached hereto and incorporated - "July" ust behtfN. the ' ramfout dry of��!!! A..7_ IS herein by this reference. Such must be en1 N into el or a0out Assignment and Trust Agreement Juiy 3s, 4444,ape of this diance / ,I�.,;� .�� '•"s/7G shall be entered into by Weld as a iMpaseacy Of Ordinance • as an•met • /,�f�rr� Countywhich i to provide a vehicle by tl•ftcY ordinance. interest in the Lease Agree- Section 4. EFFECTIVE DATE. //1- —//� ment may be conveyed to ultimate This enactOrdinor n sons takeprovided effect My commission !spores 7 7 investors; provided, however, the upon 3.14(5)at al WeldCo by . Notary Public Assignment and Trust Agreement Section algal a the Weld County ELIZABETH MASSEY shall be dated July 1, 1954 and all Home Rule Charter. • dates changed accordingly therein; The above 'and foregoing Ordi- 72019 W.C.RD. nonce No. 129 was,on motion duly provided, further, Section 3.03 of made and seconded,adopted by the GR��CC, eyi COQty' the Assignment and Trust Agree- EES.E I 804a Tent shall be amended to reflect following vote on the 30th day of the following maturity schedule; June, 1944. (th� 1 PI Hello