HomeMy WebLinkAbout910981.tiff RESOLUTION
RE: APPROVE AGREEMENT WITH FULL CIRCLE SERVICES, INC. , AND AUTHORIZE CHAIRMAN
TO SIGN
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, the Board has been presented with an Agreement with Full Circle
Services, Inc. , with the terms and conditions being as stated in said Agreement,
and
WHEREAS, after review, the Board deems it advisable to approve said
Contract, 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 Agreement with Full Circle Services, Inc. , be, and
hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is,
authorized to sign said Agreement.
The above and foregoing Resolution was, on motion duly made and seconded,
adopted by the following vote on the 12th day of August, A.D. , 1991.
�,�/�/}� BOARD OF COUNTY COMMISSIONERS
ATTEST: All d'k^""` WELD COU RADO
Weld County Clerk to the Board
Gor o hairman
//
By: i , t,--tc_de-s2
Deputy Clerk to the Boar
Ge/or/.ga Ken dy, Pro-Tem
-B -�
APPROVED AS TO FORM: J:441574tke, .
Constance L. Har ert
_ EXCUSED DATE OF S
IGNING
County Attorney C. W. Irby
W. H. Webster
910981
CAca-3 C.C run eircfz (A r ruc 2
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Full Circle Services, Inc.
121( 11
January 23, 1992
Mr. Bruce Barker, Esq.
P. O. Box 1948
Greeley, CO 80632-1948
Re: Asset Recovery of State of Colorado Check #3-549934
Dear Mr. Barker:
We are in receipt of your letter of January 14, 1992. Although no financial gain
has resulted, you are aware that the above item was, until recently, listed on the
holder's books as available; this should be useful in the future since other research
companies may contact you regarding this listed availability.
Should we acquire information in the future regarding the availability of
dormant assets belonging to the Board of County Commissioners of Weld County, we will
advise. If I can be of any additional assistance in this matter, please feel free to call.
Thank you for your trust and cooperation.
Sincerely,
Full CCirc ircle/^Serrvvicess,, Inc.
cf, y `' t ic 1
by: Frank R. Wilkeson
Staff Attorney
FR W/ry
Reunion Center
Suite 900
P.O. Box 3388
Tulsa, Oklahoma 74101-3388
(918)582-5522
FAX(918)582-5524
v m 'tc OFFICE OF COUNTY ATTORNEY
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%� PHONE(303)3564000 EXT.4391
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P.O. BOX 194E
GREELEY, COLORADO 60632
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COLORADO
January 14 , 1992
Frank R. Wilkeson
Full Circle Services , Inc .
Reunion Center, 7th Floor
P. O. Box 3388
Tulsa, Ok 74101-3388
RE: Recovery of Warrant
Dear Mr. Wilkeson:
I have received information from Tony Gregor of the Weld County
Department of Social Services that he has spoken with Tony Lucci of
the Colorado Department of Social Services regarding the Warrant
No . 3-549934 . Mr. Gregor informed me that the check was for the
Weld County Diversion Program. The Federal Government stopped the
check because of the demise of the Diversion Program. Thus , the
Warrant will not be reissued by the State of Colorado .
If you should have any questions regarding this letter, please feel
free to call me at ( 303) 356-4000, Ext. 4391 .
___--Yours truly,
(
��-���'%
,.,.� ,_ i/,���i_-
--- Bruce T. Barker _
Assistant Weld County Attorney
BTB:bp
AGREEMENT
This A reement, made and entered into effective this 1,��'
day of CAS- , 1991, by and between the County of
Weld, State el/colored°, by and through the Board of County
Commissioners of the County of Weld, with offices at 915 10th
Street, Greeley, CO 80631 ( "Client" ) , and Full Circle Services,
Inc . , an Oklahoma corporation with offices at Nine East Fourth,
Suite 707, Tulsa, Oklahoma 74013 ( "Full Circle" ) .
RECITAL S:
A. Full Circle has determined that Client may be the owner
of an interest in certain funds to wit: A single item in the
amount of $12, 197 .55, which is collectable, yet uncollected by
Client as of the date hereof (the "Funds" ) ; and
B. Client desires Full Circle to disclose the information it
has obtained with regard to the Funds and to recover and/or assist
Client in the recovery of the Funds .
NOW, THEREFORE, in consideration of the mutual covenants and
agreements contained herein, and other good and valuable
consideration, the parties hereto agree as follows :
1 . Duration of Relationship. It is specifically agreed by
the parties hereto that this Agreement is intended to encompass the
recovery of the Funds and is not intended to create a continuing
relationship between the parties beyond the recovery of the Funds .
2 . Disclosure of Information. Full Circle shall disclose
the information it has obtained concerning the Funds to Client, in
writing, within thirty ( 30) days of the date of Full Circle' s
execution of this Agreement.
3 . Excluded Funds . The Funds which are the subject of this
Agreement shall not include the following:
(a) any amounts which bear an original issue date by the
holder thereof of less than six months prior to the date of
this Agreement; or
(b) any amounts identified by Client on Exhibit "A"
attached hereto or
1
(c) any amounts for which a written request for payment
has been made by Client, subsequent to the original issue date
of such funds and no more than six months prior to the date of
this Agreement.
The amounts described in subparagraph (a) , (b) and (c) above
shall be hereinafter collectively referred to as "Excluded Funds" .
In the event Client believes from the information disclosed by
Full Circle that any amounts identified by Full Circle are Excluded
Funds, Client shall, within thirty ( 30) days from the date it
receives the information from Full Circle, deliver to Full Circle
satisfactory written documentation verifying that such Funds are
Excluded Funds . Failure of Client to provide Full Circle with
satisfactory documentation within the time frame set forth above
showing that the funds identified by Full Circle are Excluded
Funds, shall be deemed a covenant and agreement of Client that it
shall not seek to recover the Funds by any other method or means
except as set forth and agreed to herein. Should Client thereafter
recover or benefit from the Funds, Full Circle shall be entitled
to, and Client agrees to pay to Full Circle, the Commission (as
defined in paragraph 4 below) . It is specifically acknowledged by
Client that the intent of this Agreement is to pay Full Circle a
Commission for its services in identifying Funds which are not
actively being pursued for recovery by Client, as set forth in
Paragraph 4 .' below, notwithstanding the fact that such amounts may
be reflected in the books and records of Client.
3 . Authorization of Action. Upon the expiration of the time
period within which Client must identify any Excluded Funds, Full
Circle shall commence and thereafter diligently pursue recovery of
the Funds or, if Client shall so direct, assist Client in its
direct effort to recover the Funds . In connection therewith and
unless Client determines to seek recovery of the Funds directly,
Client shall evidence the authority granted to Full Circle
hereunder to pursue recovery of the Funds by executing and
delivering to Full Circle a limited power of attorney substantially
in the form attached hereto as Exhibit "B" .
4 . Compensation of Full Circle. Full Circle' s sole
compensation for the services rendered to Client hereunder and the
information disclosed to Client shall be twenty percent (20%) of
all Funds received by or on behalf of Client as a result of the
efforts of and/or information obtained by Full Circle (the
"Commission" ) . In the event Full Circle receives the Funds on
behalf of Client, Client hereby authorizes Full Circle to withhold
the Commission from such Funds and remit the remaining balances
2
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thereof to Client within twenty (20) days of receipt of the same.
In the event Client receives or otherwise benefits from the Funds,
Client shall pay the Commission to Full Circle within twenty (20)
days of receipt of the Funds . Client acknowledges that Full Circle
may not succeed in recovering Client' s interest in the Funds and in
connection therewith Client shall have no liability to Full Circle
for compensation for an efforts theretofore made by Full Circle on
Client' s behalf unless and until recovery of any Funds is
completed.
5 . Release - Termination. Full Circle may, at any time upon
ten ( 10) days prior written notice to Client, terminate this
Agreement and its efforts to recover any Funds on behalf of Client.
Upon such termination, Full Circle shall be released from all
liability which might otherwise be claimed to have resulted from
such discontinuance and Client is thereafter free to pursue the
Funds with no obligation to Full Circle for the Commission. Client
shall likewise have the right to terminate this Agreement at any
time upon ten ( 10) days prior written notice to Full Circle,
provided that Full Circle shall be entitled to the Commission with
respect to and upon the recovery by Client of the Funds disclosed
by Full Circle prior to the effective date of such termination.
This agreement shall automatically terminate upon the recovery of
the Funds and the payment of the Commission, unless terminated at
an earlier date as set out above.
6 . Limitation of Full Circle' s Authority. Full Circle shall
at all times be deemed an independent contractor and not an
employee or agent of Client. Full Circle shall have no authority
to bind Client to any contract or agreement with any third party.
Nothing contained herein shall be construed to give Full Circle any
right of access to the books or records of Client or to use the
name of Client in any manner, without first obtaining the written
consent of Client in each instance.
7 . Compliance With Laws . In performing Full Circle' s
services hereunder, Full Circle shall comply with all applicable
laws, rules, regulations, ordinances and other applicable legal
requirements of any jurisdiction and/or forum and will indemnify
and hold Client harmless from an violation thereof by Full Circle.
8 . Further Assurances . Client shall provide Full Circle
true and correct copies of all documents, instruments and/or
correspondence received or originated by it with regard to the
Funds and shall disclose to Full Circle any other information
received or originated by it in connection with the Funds within
twenty (20) days of the receipt or origination of the same. In the
3
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event any holder of the Funds requires any additional information
or documentation with regard to the authority of Full Circle
granted hereunder or the identity and/or claims of Client, Client
shall, subject to confidentiality and business restrictions,
reasonably cooperate with Full Circle and shall execute and deliver
such further documents and assurances as may be reasonably required
by such holder. Full Circle shall forward copies of all documents,
instruments and/or correspondence received by it in connection with
the Funds to Client within twenty (20) days of receipt of the same.
9 . Indemnity. In the event Full Circle or Client receives
any Funds which are determined by the holder thereof to have been
issued in error, each party hereto agrees to immediately return the
amounts received by it to the holder thereof and to indemnify and
hold the other harmless from any and all claims and/or liabilities
in connection with their respective portion of the funds .
10 . General Provisions .
A. Binding Effect. This Agreement shall be binding upon and
inure to the benefit of each of the parties hereto, their
respective successors and assigns .
B. Entirety, Amendment, and Waiver. This Agreement
constitutes the entire understanding and agreement by and
between the parties hereto relative to the subject
matters set forth herein. No prior negotiations,
statements, warranties, representations, or agreements,
whether oral or written, not specifically set forth or
incorporated herein shall be permitted to alter, vary, or
add to the written terms of this Agreement nor shall the
same be binding upon any party hereto. No amendment,
modifications or waiver of the terms of this Agreement
shall be deemed valid or binding upon any party hereto
unless first reduced to writing and signed by all parties
hereto.
C. Severability. If any part of this Agreement is deemed
void or unenforceable by a court of law having competent
jurisdiction hereof, the remaining provisions of this
Agreement shall remain in full force and effect.
D. Notices and Communications . Any notice or other
communication required or which may be given pursuant to
the terms of this Agreement, unless otherwise
specifically set forth herein, shall be deemed
sufficiently given or served if first reduced to writing
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and delivered personally to an officer of the intended
recipient or if sent by express, registered or certified
mail, return receipt requested, postage prepaid,
addressed as follows :
If to Client:
Board of County Commissioners
of Weld County, Colorado
915 10th Street
Greeley, CO 80631
Attn: Clerk to Board
If to Full Circle:
Full Circle Services, Inc.
Nine East Fourth, Suite 707
Tulsa, Oklahoma 74103
Attention: President.
The date of service of notice served either personally or
by mail shall be the date upon which the same is
received; provided, however, any notice sent by mail as
herein set forth which shall be unclaimed or refused
shall for the purposes of this Agreement be deemed
received by the party to whom notice of attempted
delivery has been given the United States Postal Service
as of the date of the first attempted delivery thereof .
Any party hereto may, by prior written notice to the
other party, change any address to which any notice or
communication hereunder shall be sent.
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9109S1.
L_a eco
IN WITNESS WHEREOF, the parties hereto have Executed and
Delivered this Agreement the day and year first above written.
Attest: file ! �J� Q� County of Weld, State of
D Colorado, by and through the
BOARD OF COUNTY COMMISSIONERS
�� � L` , OF WELD COUNTY,
lytti y-
Ae
By:
Go 'sr...
Chairman
"Client"
Full Circle Services, Inc .
An Oklahoma rporation
By:
Pri d Name: Jo F. Maley
itle: resident/CEO
dated: 8/26/91
"Full Circle"
6
CA D 0C)
EXHIBIT "A"
[FUNDS EXCLUDED FROM AGREEMENT]
1) Funds generated by or attributable to Oil & Gas Leases and/or
Oil & Gas Development in which the county is the Lessee or
Lessor.
2 ) Funds generated by or attributable to Bankruptcy Proceedings
in which the County is a creditor.
3) Funds constituting Ad Valorem Taxes owed to Weld County,
Colorado, but not yet collected.
afullcir.cgt
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EXHIBIT "B"
POWER OF ATTORNEY
(LIMITED)
KNOW ALL MEN BY THESE PRESENTS:
That I, for and on behalf of
of in
the County of and the State of
have made, constituted and appointed and by these presents do make, constitute
and appoint Full Circle Services, Inc., its true and lawful attorney for it and in its
name, place and stead, and to its use, to collect, recover and obtain only the
unclaimed, outstanding or abandoned property more particularly described as
follows: EDO NOT EXECUTE. This Limited Power of Attorney is attached
beret() as the form referenced in oaraeraoh 3 aboyel ; and to obtain,
deposit, negotiate and disburse any such property, giving its attorney full power
to do everything whatsoever, requisite and necessary to be done in connection
with the foregoing limited purpose, as fully as it could do if personally present,
with full power of substitution and revocation, hereby ratifying and confirming
all that its said attorney, or such substitute or agent as it should designate, shall
lawfully do, or cause to be done, by virtue hereof. This Limited Power of
Attorney will automatically expire upon recovery of the above-described
property.
IN WITNESS WHEREOF, I have hereunto set my hand and seal, this _ day of
1991.
Corporate name:
ATTEST: By:
Title:
Secretary
STATE OF )
) ss.
COUNTY OF )
Before me, a Notary Public, in and for said County and State on this day of
, 1991, personally appeared
to me known to be the identical person who subscribed the name of the maker
hereof to the foregoing instrument as its
and acknowledged to me that he executed the same as h_ free and voluntary
act and deed and as the free and voluntary act and deed of such corporation, for
the uses and purposes therein set forth.
Given under my hand and seal of office the day and year last above written.
Notary Public
My Commission Expires:
8
LRt.\003
POWER OF ATTORNEY
(LIMITED)
KNOW ALL MEN BY THESE PRESENTS:
That I, for and on behalf of
the Board of County Commissioners of the County of Weld of Greeley in the County
of Weld and the State of Colorado, have made, constituted and appointed and by
these presents do make, constitute and appoint Full Circle Services, Inc., its true
and lawful attorney for it and in its name, place and stead, and to its use, to collect
and recover unclaimed, outstanding or abandoned property more particularly
described as follows:
State of Colorado check #3-549934 in the amount of $12,197.55 •
and to obtain, deposit, negotiate and disburse any such property, giving its
attorney full power to do everything whatsoever, requisite and necessary to be
done on the premises, as fully as it could do if personally present, with full power
of substitution and revocation, hereby ratifying and confirming all that its said
attorney, or such substitute or agent as it should designate, shall lawfully do, or
cause to be done, by virtue hereof. This Limited Power of Attorney will
automatically expire upon recovery of the above-described property.
IN WITNESS WHEREOF, I have hereunto set my hand and seal, this _ day of
, 1991.
County of Weld. State of Colorado, by
and through the BOARD OF COUNTY
COMMISSIONERS OF WELD COUNTY
ATTEST: By:
Title:
Title:
STATE OF )
) ss.
COUNTY OF )
Before me, a Notary Public, in and for said County and State on this day of
1991, personally appeared
to me known to be the identical person who subscribed the name of the maker
hereof to the foregoing instrument as its
and acknowledged to me that he executed the same as h_ free and voluntary act
and deed and as the free and voluntary act and deed of such county, for the uses
and purposes therein set forth.
Given under my hand and seal of office the day and year last above written.
Notary Public
My Commission Expires:
c i r c 3 _�;, ₹3
POWER OF ATTORNEY
(LIMITED)
KNOW ALL MEN BY THESE PRESENTS:
That I, for and on behalf of
the Board of County Commissioners of the County of Weld of Greeley in the County
of Weld and the State of Colorado, have made, constituted and appointed and by
these presents do make, constitute and appoint Full Circle Services, Inc., its true
and lawful attorney for it and in its name, place and stead, and to its use, to collect
and recover unclaimed, outstanding or abandoned property more particularly
described as follows:
State of Colorado check #3-549934 in the amount of $12,197,55 •
and to obtain, deposit, negotiate and disburse any such property, giving its
attorney full power to do everything whatsoever, requisite and necessary to be
done on the premises, as fully as it could do if personally present, with full power
of substitution and revocation, hereby ratifying and confirming all that its said
attorney, or such substitute or agent as it should designate, shall lawfully do, or
cause to be done, by virtue hereof. This Limited Power of Attorney will
automatically expire upon recovery of the above-described property.
IN WITNESS WHEREOF, I have hereunto set my hand and seal, this _ day of
1991.
Countv of Weld, State of Colorado, by
and through the BOARD OF COUNTY
COMMISSIONERS OF WELD COUNTY
ATTEST: By:
Title:
Title:
STATE OF )
) ss.
COUNTY OF )
Before me, a Notary Public, in and for said County and State on this day of
, 1991, personally appeared
to me known to be the identical person who subscribed the name of the maker
hereof to the foregoing instrument as its
and acknowledged to me that he executed the same as h_ free and voluntary act
and deed and as the free and voluntary act and deed of such county, for the uses
and purposes therein set forth.
Given under my hand and seal of office the day and year last above written.
Notary Public
My Commission Expires:
r.
21098?
E: ��OL-D,3
Full Circle Services,Inc.
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September csti.:3,,5c91
TO TV.E.
Board of County Commissioners
of Weld County
915 10th Street
Greeley, CO 80631
Attn: Clerk to Board
Re: Asset Recovery Agreement for Weld County.
Clerk to Board:
Enclosed please find the executed original of the Agreement between the
Board of County Commissioners of the County of Weld and Full Circle Services, Inc.
In accordance with the terms of Agreement dated August 12, 1991 between the
Board of County Commissioners of the County of Weld and Full Circle Services,
Inc., the following written disclosure of information is submitted:
The following is an uncashed check or warrant listed with the Division of
Accounts & Control, Department of Administration, State of Colorado, as follows:
Payee Amount Issued Check #
Weld County Treasurer $12,197.55 5/8/87 3-549934
Your authorization of Full Circle Services as agent for recovery purposes
can occur at or before the expiration of the time limit set forth in the last portion
of Paragraph 2, page 2 of the Agreement. In this regard I enclose, for the above,
two duplicate Limited Power of Attorney documents in the form referenced in
Paragraph 3, page 2 of the Agreement. Please provide two signed originals if it is
your desire that Full Circle pursue recovery on your behalf.
Full Circle Services will initiate recovery proceedings in a diligent manner
upon our receipt of the executed Power of Attorney documents. Please feel free to
contact the undersigned for any required assistance. We appreciate this
opportunity to be of service to the Board of County Commissioners of the County of
Weld.
Sincerely,
Full Circle Services, Inc.
er-e? n . LA/L....-
by: Frank R. Wilkeson
Staff Attorney
FRW/ae
Enclosures
via Certified Mail P 695 725 324 Return Receipt Requested
Reunion Center
Seventh Floor
P.O.Box 3388
Rilsa,Oklahoma 74101-3388
(918)582-5522 4.31.C SRA!
FAX(918)582-5524
G er O00 3
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