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RESOLUTION
RE: APPROVE PERFORMANCE AGREEMENT, ACCEPT COLLATERAL, AND AUTHORIZE CHAIRMAN
TO SIGN - WINDSOR SHORES, C/0 LARRY B. ECKEL
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
O WHEREAS, the Board, by Resolution dated May 15, 1991, approved a Site
o U Specific Development Plan and Special Review Permit for a private recreational
facility (boating and camping) in the Agricultural Zone District for Windsor
—40 Shores, Inc. , c/o Larry B. Eckel, and
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Q WHEREAS, the Board has been presented with a performance agreement, with
o the terms and conditions being as stated in said agreement, a copy of which is
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attached hereto and incorporated herein by reference, and
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x WHEREAS, Larry Eckel has submitted, as collateral, Automatically Renewable
O Certificate of Deposit #065260 drawn on The Byers State Bank, Byers, Colorado,
rj in the amount fo $3,500.00, with a maturity date of October 29, 1992, and
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w WHEREAS, after review, the Board deems it advisable to approve said
i x performance agreement and to accept said colalteral, in the amount of $3,500.00.
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a NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
(7‘ u County, Colorado, that the performance agreement be, and hereby is, approved.
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---- w BE IT FURTHER RESOLVED by the Board that Automatically Renewable
E-- n Certificate of Deposit #065260 be, and hereby is, accepted.
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rn � BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is,
� w authorized to sign said performance agreement.
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The above and foregoing Resolution was, on motion duly made and seconded,
o 's adopted by the following vote on the 4th day of November, A.D. , 1991.
w Ma,44 BOARD OF COUNTY COMMISSIONERS
X k' ATTEST: WELD COUNTY, COLORADO
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Mr- Weld County Clerk to the Board EXCUSED DATE OF SIGNING
Gordon E. Lacy, Chairman
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By: i
Deputy C erk to the d eo a Kenned , Pro-Tem
APPROVED AS TO FORM:
Constance L L Harbert
County Attorney C. W. Kirby
641 9-tll-
W. H. Webst - i
PL0837
911335
PERFORMANCE AGREEMENT
COMES NOW the Weld County Board of County Commissioners
( "Board" ) and Windsor Shores, Inc. , ( "Applicant" ) and agree as
follows :
0 0 1 . That Applicant has received a conditional approval of
. USR-943 for a private recreational facility.
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2 . That Applicant has submitted a screening plan to satisfy
a conditions of the USR. In order to secure performance of the
0 w screening plan, Applicant has submitted a Certificate of Deposit
(CD) endorsed to the Weld County Board of County Commissioners in
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„gal an amount of $3,500 . 00 .
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0 3 . The CD will be held by the Board of County Commissioners
for a period of one year from October 1, 1991 . The Applicant may
H a obtain a partial release after October 1, 1992 , of the CD if
installation of screening has been completed in accordance with the
x screening map submitted to the Planning Department September 18,
w 1991 . Collateral or substitute collateral accepted will be
H retained for an additional period of one year from partial release
° of the collateral in the amount of $700 . 00 to provide guarantee of
[- z replanting should any of the trees or shrubs fail to thrive.
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(f) 4 . Upon Applicant making the request for release, the
a Department of Planning Services will inspect the property and make
rn a recommendation to the Board of County Commissioners . The Board
w of County Commissioners will consider the matter at a regular
meeting of the Board.
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5 . Should the Applicant fail to conform to the requirements
z of the screening plan and this Agreement, the Board of County
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a Commissioners may use all or a portion of the CD in order to
accomplish installation or replanting of the screening. The CD may
`0 M not be used for any other purpose.
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� '-' Done this day of jr)/)7,1-ti lai , 1991 .
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ATTEST: D/ V
/�/1✓ WELD COUNTY, COLORADO, by and
through the Board of County
Commissioners of Weld County
WELD COUNTY CLERK TO THE BOARD
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BY: (49.--J , -/://� �'� ,"`� BY
Deputy Clerk o the Boar Go y, Chairman
Page 1 of 2 Pages
911.135
WINDSOR SHORES, INC.
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SUBSCRIBED AND SWORN TO /before me this day of
M �i,>�„d2t.1 , 1991, by L-A-09 4 EC k£-L, •
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WITNESS my hand and official seal .
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Page 2 of 2 Pages
1 year AUTOMATICALLY RENEWABLE CERTIFICATE OF DEPOSIT 065260
ae BYERS STATE 43anh
BYERS,COLORADO 60103
THIS CERTIFIES THAT THE�7U HAS ��•�7'z1�� O, TE N THIS INSTITUTION THE AMOUNT OF
/Ohi F R J t't.f,y1 r, .illy pkM� Iw.e.»
STAT r BAP"',.- r'"I 7fIR' i. f. r .t DOLLARS
PAYABLE TO Larry Eckel ADDRESS 1254 Winslow Cr. Longmont, 00.8050_
SOC.SEC.OR TAX ID.NO. INTEREST RATE INTEREST PAYABLE DATE OF ISSUE MATURITY DATE AMOUNT DEPOSITED
505-44-8440 6.0 %anPer Quarterly 10-29-91 10-29-92$3,500.00
PAYABLE IN CURRENT FUNDS AT ANY MATURITY DATE UPON PROPER ENDORSEMENT AND SURRENDER OF THIS CERTIFICATE THIS CERTIFICATE SHALL BE AUTOMATICALLY RENEWED FOR ADDITIONAL PERIODS
EQUAL TO THE ORIGINAL TERM,UNLESS THE OWNER HEREOF PRESENTS THIS CERTIFICATE FOR PAYMENT ON OR WITHIN SEVEN DAYS AFTER.ANY MATURITY DATE OR UNLESS THE INSTITUTION MAILS
WRITTEN NOTICE TO THE OWNER,AT THE ABOVE ADDRESS,AT LEAST TEN DAYS PRIOR TO ANY MATURITY,OF THE INSTITUTIONE INTENTION TO REDEEM THIS CERTIFICATE INTEREST HEREON SHALL
BE PAYABLE DURING THE PERIOD OF EACH SUCH RENEWAL AT THE RATE SPECIFIED IN A NOTICE FROM THE INSTITUTION,OR,IN THE ABSENCE OF ANY SUCH NOTICE AT THE RATE BEING PAID BY THE INSTTUTION
ON TIME CERTIFICATES OF DEPOSIT WITH THE SAME TERM AS THIS CERTIFICATE AS OF THE DATE OF SUCH RENEWAL THIS CERTIFICATE MAY BE REDEEMED M ADVANCE OF EACH MATURITY',DATE ONLY WITH THE
CONSENT OF THE INSTITUTION AND ONLY IN ACCORDANCE WITH THE PENALTY FOR EARLY.WITHDRAWAL 1 .T-',
❑ DEPOSIT INTEREST TO ACCOUNT NO. ❑ MAIL INTEREST CHECK - - - -
jt ADD INTEREST TO PRINCIPAL
F` aHowzED uaE
TRANSFERABLE ONLY ON THE BOOKS OF,OR WITH PERMISSION OF,THE ISSUING INSTITUTION. I 4 k
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NOTICE �F •EN LTY F• ' •LY WITH • 'WAL F• TIME II • SIT N•. 65260
Doer Depositor.We are required by the Financial Institution Regulatory Agencies to furnish the following Information on your Time Deposit.
MATURITY DATE 10-29-92 TAX I.D.NUMBER 505-44 8140
You have contracted to keep these funds upon deposit until the above due date and for the full maturity of any subsequent renewals.Under Financial Institution Regulatory Agency regulations,
your deposit may not be withdrawn prior to maturity date except with our consent which may be given only at the time such a request is made.We will charge a substantial penalty If we grant your
request for early withdrawal.The size of the penalty we charge depends on the maturity of your time deposit as described below.
Stated Maturity of Time Deposit Penally
Up to 8 days ]daya 9lmple Interest
7 days to 31 days all interest earned
32 days to one(1)year 30 days simple interest
more than one(1)year 90 days simple Interest
Additionally if you make a subsequent early withdrawal within six(R)days of any preceding early withdrawal,an additional penalty of seven(7)days simple interest on the amount withdrawn will
be imposed.In the case of nompersonal accounts with a stated maturity or notice period of one and one half(11/2)years or more,any withdrawal within the period beginning with the seventh(7th)
day of deposit and ending one and one half(11/2)years after the day of deposit will be charged with a penalty of thirty(30)days simple interest based on the amount withdrawn.
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All of the above penalties will apply only to the amount you withdraw before maturity.These penalties may result in a reduction of principal.Only the following situations will be exceptions t0
these rules: .•
We will honor a request for early withdrawal and we will not assess any penalty if any owner of this deposit dies or is judicially declared to be mentally incompetent.
If this deposit Is in a properly established"IRA"or"Keogh"Plan,we will allow withdrawal within 7 days after establishment with forfeiture of all interest earned at the nominal(simple interest)
rate being paid on the deposit.
Also,under two other circumstances,Federal Regulations allow early withdrawal without penalty from"IRA"or"Keogh"accounts at our discretion.These are disability(other than mental
incompetency)or attainment of age 59'h by the depositor.We will exercise our discretion in considering any request for early withdrawal under either of these circumstances.
"Under the penalties. perjury,I certify(1)that the number shown on this form is my correct taxpayer identification number;and(2)that l am not subject to backup withholding either because) •
have not been notified lam subLct to - o.Ing as a result of a failure to report all interest or dividends,or the internal Revenue Service has notified me that l.am no longer subject
to backup wit o'n•."
SIGNATURE Qt Vv DATE 129"91
SIGNATURE DATE
wFs 9u(Rev.1pIMl
P4 0 g .3,7,7 97 / -,3
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